Document g2X1d9o0mmRQyBRL5rJ259YDq

SM-32 iREV. 5-78) Shell Oil Company Interoffice Memorandum MARCH 28, 1991 mk '( NAM^ J "'Return Ddctfmentto File V Record Codv in File Information CoDV Record Copy/in P/M Copy: Circulate: FROM: MANAGER PRODUCTS ENVIRONMENTAL CONSERVATION, MANUFACTURING AND TECHNICAL TO: MANUFACTURING LOCATION MANAGERS AnaCOrteS RUrITD BELPRE ODESSA DEER PARK TAFT/RESERVE GEISMAR WILMINGTON MARTINEZ WOOD RIVER MANAGER PRODUCTS DISTRIBUTION - SUPPLY & TRANSPORTATION - REFINING & MARKETING SUBJECT: FINAL RULE AMENDING THE "NATIONAL EMISSION STANDARD FOR HAZARDOUS AIR POLLUTANTS" (NESHAP) FOR ASBESTOS PLAINTIFF'S EXHIBIT AFFECTED LOCATIONS This final rule will affect all Products' locations which have projects involving asbestos demolition, renovation, and waste disposal. EFFECTIVE DATE On November 20, 1990 (55 FR 48406), EPA issued a final rule revising the asbestos NESHAP with the stated intention of enhancing enforcement and promoting compliance without altering the stringency of existing controls. The rule is codified at 40 CFR 61 Subpart M (copy attached). While the standard deals with a number of asbestos related operations, only the sections dealing with renovation and demolition, and waste disposal are relevant to Shell's operation. STATE NOTIFICATION As a matter of information, the NESHAP "General Provisions", 40 CFR 61 Subpart A, requires that all information required to be submitted to EPA must also be submitted to the States to whom EPA has delegated NESHAP implementation and enforcement authority. SIGNIFICANT CHANGES 1. Under the old asbestos NESHAP, we were allowed up to one yea"r to report "as early as possible before renovation begins", but the final rule requires that the notice to EPA be made ten days prior to CD9108403 - 0001.0.0- LAM 017370 DPMC-11098 the end of the year for which projects are planned for the following year (this advice was transmitted via PROFS on December 17, 1990 to locations by T. R. Williams). 2. The final rule has been expanded to cover emissions from material other than friable asbestos (so called "asbestos containing material" or ACM) such as roofing or flooring material that could be crushed, pulverized, or otherwise reduced to asbestos fibers during renovation or demolition activities. Facilities involved in demolition/renovation projects are required to conduct an inspection prior to commencement of such activities to determine whether ACM is present. 3. Considerably more pre-project information is now required by EPA and/or States when the amount of "Regulated Asbestos Containing Material" (RACM) exceeds specific limits for various types' of removal or demolition activity. A new two page form, "Notification of Demolition and Renovation", will now serve as the mechanism for initial notification and revisions to EPA and/or the State. A copy of this form is part of the attachment - see pages 48422 and 48423. These limits (see 61.145) are: (i) at least 80 linear meters (260 linear feet) on pipes or at least 15 square meters (160 square feet) on other facility components, or (ii) at least 1 cubic meter (35 cubic feet) off facility components where the length or area could not be measured previously. 4. Where amounts of RACM are determined by initial inspection to be present in quantities exceeding the above triggers, all RACM must be removed from the facility being renovated or demolished before any activity begins that would break up, dislodge, or similarly disturb the material or preclude access to the material for subsequent removal (see 61.145(c)). 5. Effective one year after promulgation (by November 20, 1991), no RACM shall be stripped, removed or otherwise handled at a facility unless at least one on-site representative (foreman or authorized representative) is present who is trained in the provisions of the Asbestos NESHAP and the means.of complying with it. The on-site representative must receive refresher training every two years. 6. For all asbestos-containing waste material transported offsite for disposal, a waste shipment record (WSR) must be provided to the waste-site operator. Vehicles used to transport asbestos containing waste must be marked with the sign prescribed by OSHA during loading and unloading. WSR follow-up procedures including exception reports (similar to the RCRA manifest tracking system) have been instituted CD9108403 - 0002.0.0. LAM 017371 DPMC-11099 for asbestos transportation and disposal. Labels are required on containers of asbestos-containing waste that indicate the name of the waste generator and the location where the waste was generated. Your Products Environmental Conservation (PEC) representative will be glad to assist with any specific situations that may arise in application of this new rule. T. R. Williams JBD/ckj Attachment cc: Chemical Manager Polymers Ventures Health, Safety & Environment Manager SIH&E Manager Compliance (C. G. Walls) Manager Environmental SIH&E Legal General Attorney Environmental & Manufacturing Manufacturing & Technical General Manager Health, Safety and Environment - Products (w/o attachmt.) Manager Denver Site Project Manager Land Transportation Manager Manufacturing Support Manager Manufacturing Operations/Technical - Chemical Manager Manufacturing Operations/Technical - Oil Manufacturing Operations/Technical Support - Eastern Region Manager Environmental Synfuels/Process Engineering Products Environmental Conservation Staff Technical Manager - Detergents & EO/EG Operations Manager - Detergents & EO/EG Manager Technical/Operations - Solvents Manager Technical/Operations - Plastics Manager Technical/Operations - Elastomers Manager Technical/Operations - Catalysts Manager Technical/Operations - Resins Manager Polymers Business Development - Chemical Manager Environmental - Financial Support Manager Environmental Compliance - Deer Park Manager Environmental Conservation Martinez Norco Wilmington Wood River LAM 017372 CD9108403 - 0002.1.0. DPMC-11100 DPMC-11101 48406 Federal Register / VoL 55, No. 224 / Tuesday, November 20, 1990 / Rules and Regulations ENVIRONMENTAL PROTECTION ; , ADDRESSES: Background information ^ ^ ^ Milling, Manufacturing and Fabricating agency r. doqumentThg background information <yhe revisions to the standards require l; document (BED) for the promulgated^ ::^' .. asbestos milling, manufacturing and 40 CFR Part 61 ~ revisions may be obtained from the U.S. ^ ,, fabricating sources to conduct daily (AD-FRL-3814-7] EPA Library (MD-35), Research Triangle; monitoring for visible emissions. While Park, North Carolina, 27711, telephone the absence of visible emissions does RIN 2060-AC57 no. (919) 541-2777. Please refer to..... .. no( mean there are no asbestos fibers National Emission Standards for Hazardous Air Pollutants; Asbestos ' NESHAP Revision "Background Information for being emitted, the presence of visible Promulgated Asbestos NESHAP - ` '' emissions does indicate a serious Revisions," (Publication No. EPA450/3-- control device malfunction. Because - 90/017). The BID contains a summary of j; visible emissions monitoring is intended HZt. 1 . AGENCY: Environmental Protection: -'; all the public comments made on they^- : primarily to detect serious control : Agency. ; . , ", proposed revisions and the ;. '""device malfunctions, weekly inspections action: Final rule. . '. .-'-', yV . . Administrator's responses to the t-sg-h, of air cleaning devices are also required, .comments.. i . VC 3ifc : Ct&SSri. to addition, the revisions promulgated SUMMARY: This Federal Register notice. : Dockets. Docket No.'A-68-28 cphtaihsuf require these sources to maintain , / promulg_ates, r,,ules under sec.t.io. ri 1..12 o.f.. supporting information used in"fi&SgpfSSii?.. records of the results of visible $ -t^e Clean Air Act (CAA) for asbestos ; developing the final revisions to the5:''/' emissions monitoring and control device! emissions and is based oh the . - asbestos NESHAP arid is availab,l,es fmo,r'./"inspections, and to submit quarterly a Administrator's determination that;:... public inspection and copying hetweerijC^copy of visible emissions monitoring - asbestos presentsja significant risk to 8:30 a.m. and 3:30 p.m., Mondayrecords of visible emissions occurred . human health as a result of air ' ' ' Friday; at EPA's Air Docket (LE-131),/ during the quarter. The reyision requires emissions from one or more source . Room M-1500,1st Floor,.Waterside owners or operators who install fabric categories and is therefore a hazardous. air pollutant f ' "" *' *' " ..-si 1971).:.......... y; promulgafed today is . ; ,7.7sg.-:.. ..----- . enforcement and promote compliancevigi. for i^fn^ER ^formation &MtrAni^sS^^^o^pt>^o.Renoyaaon^:.fr.;:'&i;y!:,'-: with the current standard without -'/-'V//.- For furthcr information arid offi*p^g revisions require the owner or- ." altering the str|i^encyof eidstirigs%ai`4^^.interpretafipri3 o7applicai^ility,^^ig^s^~yg^ei.at0f'0f demolition orrSiovationWB:: jisSUP-'- rcontrols:On Januaiyio; 1989 tKe}vrypf^?sf/compliance requirements", Environmental I&tecfirm'Agency (EPA"'-*V aspects of the promulgated revisipriSi'>^:/'?hifdrmation in notifications', and to" or the Agency) proposed amendments to . . contact the appropriate Regional, Stately fendtify EPA if the start date of a "v the asbestos National Emission';: H'; or local office contact as listed iri 40 - demolition or renovation changes from I"'" Standard for Hazardous-Air Pollutants CFR 61,04, For further information on . - that given in the original notification." asbestos milling, manufacturing, and - .c- ; Development Branch, Emission7: E provisions of this rule and the means of' fabricating operations.^For planned fqq'c. Standards Division (MD-13), complying with them is required to be - demolitions and renovations, revisions Environmental Protection Agency;/-///. on- si.te wh- en as-bestos-conta.ini.ng to the notification requireirients were - Research Triangle Park, North Carolina! material (ACM) is stripped, removed or proposed, arid safety was added as a " 27711, teIe~phone.no. (919) 541-5263. For! disturbed. When wetting is suspended reason for exemption from the use of further information bn the technical ""due to freezing temperatures, owners or wet removal methods. Recordkeeping .ViC-l'aaspects of the promulgated revisions'; operators are required to_measure air requirements were proposed.,frC asbestos waste dissDpo'ossal. Clarifying _ - -. revisions to several definitions arid Irji/v provisions'were also proposed.*.:A .Numerous comments' were received on } the proposed revisions, and today's;".- / V notice responds to those comments, and incorporates changes as a result of those comments. .- " .- . ' contact Mr.Ronald Myers, Industrial 7 - ,-temperature in the work area three ..studies Branch, U.S. Environmerital;|%:/'times during the workday and keep -Protection'Agency, Research Triangle:-? "'daily temperature records for at least 2 , Park, North Carolina 27711, telephone S"y'ears. The revisioris also clarify EPA's ; 'nnoo. (9m1a9)t 5E441-15-4S074:07:'v; Z >7 'JEfsS*'5!"^supposition regarding .the handling and SUPPLEMENTARY INFORMATION:' ........ .. .. treatment of nonfriable asbestos materials such as resilient floor . I. The Standards -. - ; '"covering, including vinyl asbestos floor tile, and roofing material. ; . .. effective date: November 20,1990i >;' !The promulgated revisions implement'!^ 1 - .-.-; Under section 307(b)(ij'of the Clean Ari l/sectio'ri 112 of the Clhari'^r.AcyCi^hFSilivf^f^ - .,VK>; ? v -i:-. ' -A1 Acti judicial'revie'wof the "actions taken^F./and are based on the Admiiustrafor's^'i'i -v ?The revisions require vehiclesused tbyf- by this notice is available only by filing -A : determination that asbestos presents.'a'f^ transport asbestos-containing waste ..; a petition for review in the United States significant risk to human health aS^S^^' material to be iriarked with the sign '. i - : Court of Appeals for the pistricthjfr'result of air"emissions from one' or mbrerh^prescribed by the Occupational Safety; A ' '/Columbia Circuit within 60 Days of A; '- j i; source categories and is therefore aSvr-gsfrahd Health Administration during today's publication of these rules. Under-.: hazardous air pollutant (see 36 FR 3031!;"" loading and unloading to warn people of section 307(b)(2) of the Clean Air Act,. (March 31', 1971)). The revisions r. ;':/5 the presence of asbestos. For all.. . the requirements that are the subject of ." promulgated today amend the asbesto3;!^c"Vsbestos-containing waste material * . today's notice may riot be challenged -. NESHAP to enhance enforcement'andvcEV. transported offsite, the revisions require later in civil or criminal proceedings .'. ; promote compliance with the current;.,-that a waste shipment record (WSR) be brought By EPA to enforce' these; ,' ; standard without altering the stringency pfqvided.to the waste site owner or , . requirements.' -' '. ; . of existing controls,"'. )' 'r;./-"'*"*''t;'"operator at the time that the waste is .1 V LAM 017374 DPMC-ll102 i -yy Federal Register / Vol. 55, No. 224 / iTuesday, November 20, 1990 / Rules and Regulations h.4&iQ7'.~'-'- .delivered to the waste disposal site. If a ' rules profnulgated.for inactive waste ;- 'Few emission measurement data exit :v ..copy of the WSR signed.by the waste ,-y disposal sites. A revision requiresthe \-. ' for asbestos sources./Thus, emissions . ' site owner or operator is not received .. owner or operator of an active waste ..... were estimated using engineering .within 35 days of the date the waste was . disposal site to notify the Administrator , ' methods and assumptions, which ;- ; ; accepted by the initial transporter, the / in writing prior to excavating or - resulted in substantial uncertainty. A .y. . .-revisions direct the waste generator'to .-. `-otherwise distiiiuaig asbestos-; . detailed description of the approaches , ;.. ., ycontactthetransporter arid/or disposal i containing waste material that has been'- ;:-used to'estimate.emissions-js found ip A' ; y , - site owner or .operator io determine the ;y . deposited at the disposal site arid.V-i -'Asbestos Emission Estimates for it'; ".-. status of the Waste shipment. The'.c-.,... covered. viy;uV;-^T-.v`..: Milling, Manufactiiirifr Fabricating,ys:; '.revisions further direct the waste ;. . V i ^generator tp subrait an exception report * Asbestos Con version Processes r -V.V '-Vy -;4: -DDeismpbosliatilo,"r-i:.v'RyheirciohVisatcioonn.taairnidedWinaDiteoc'Ak;e';t;-,;V-il;y; Sfto' EPA if a signed copy of the WSR is ; :A section is promulgated^tp clarify :;"A^A:.28-.."h"mated process efmssions^.y; yriot received Within 45 days of the date "' that operations'that'convert asbestos-.;.-'' under the cun-ent NESHAP.at full :'ibvyvyy-' ; the waste was accepted by the initial ^containing waste material into" ' compliance for milling, manufacturing. : . transporter. Labels are required on .,,. nonasbestos (asbestos-free) material are and fabricating are approximately 7,400 . . ... containers of asbestos-containing waste . covered by the NESHAP. The provisions . kg/yr! Based on current pracUcss, . .- material from manufacturing, ivyi'.s...I;,-- promulgated fequire the owner or 'yy'y . estimated.emissions from the removal y-- .1. "i fabricating, demolition and renovation '-, . - operator of such an operation to obtain ' r'activities associated with demolition' : activities indicating the name of the ..yy. . prior written approval of the ' -and renovation are approximately 1,300 v -. : waste generator and the location where " Administrator to construct the facility, -T- ; kg/yr and estimated waste disposal ..HI ' t! , i: , \ i ;; the waste was generated. .r.. ; and conduct a start-up performance test ., emissions from all sources-are 227,000 . -* 'Inactive WasteDisposal Sites ^ . using specified arialytical.melhods and '! .kg/yr. If demolition arid renovation were procedures. Requirements'for /' . in full compliance, estimated emissions ; .The revisions require the owner or *. .. opera tor of an inactive waste.disposal .: .-..site for a "milling, manufacturing or ; ' fabricating operation to notify the : . Administrator in writing prior to , excavating or otherwise disturbing : . >asbestos-containing Waste material that. - .-has been deposited at the disposal site y arid to record on the deed to the property a notation that will inform future purchasers of the property that it ; ' : .has been used for'the disposal of .-. asbestos-containing waste material and .that the survey plot and record of the - - continuous monitoring during and after '-r from asbestos removal activities m.-v, . the initial 90 days of operation, ,,-i. V.-. associated with demolition and emissions control, maintenance of -. . renovation would be about 700 kg/yr. records of lest results on site. and;. Estimated emissions from waste . ; '' .; reports to" the Administrator are also %!*, - disposal, assuming full compliance with - .-'' promulgated today! -; L'.U'.b J!` .-,,-,'' ; the NESHAP by all sources, wouW be . ^ : ii. Environmental, Energy andEconorcic rTinpacts!'; / ;i.; v_ \ "l .":"a;bTohuet .6c0o0stksgo/fythre.'^revvyis^io^ns^'yaureT:'-~; --y.;K. expected to be sriiall relative to normal - , -The environmental, energy, and ' .operating costs for these'industries. The .' ' economic impacts of the revisions for -revisions are intended to promote".- ; demolition and renovation, including V ; compliance and enhance enforceability. . . waste disposal, were estimated from - Small additional costs are associated ... ;E; r. t: ../'location arid quantity "of such"yvaste : material are on file with the -' jr-Administrator. lv ; f ` v : .two baselines. One is full compliance /..ywith..ttie^eobi^ke'e^ing and reporting y;;- -with the NESHAP, and the'oth'er is" /V- ?" requireineriti of the"revisioris. Economic ' r? ;- ^.current use of engineering cbntrols.and work practicesr-Enforcemerit experience -impacts of the promulgated alternatives ;. -. :.=.are expected to be^minimal. Adverse ly.' .-' . -Active Winsfe Disposal Sites ,:v y-'y.ryu/' V indicatesi that riiany asbestos removal -". jmpacts^pf the promulgated.revisions on'. '/The revisions require the owner of operations related to demolition and the ! ;;water, noise, arid raerCTiweVeJis';;^SfA -' operator of an active waste disposal site subsequent waste disposal operations - considered. Due to the nature of the - to maintain WSRs and report in writing are perfonried out of compliance with : revisions, no significant adverse'impac.ts. the receipt of a significant amount of the NESHAP. The lack of compliance - on water, noise, or energy are improperly enclosed or uncovered waste with the NESHAP removal provisions , anticipated. ,- .. - to EPA by the following working day.-rrir. leads to the improper disposal of some _- : III. Public'Participation ' The owner of operator of an active V . waste, especially demolition waste, with : . ; '. Waste disposal site is required by the - . - the result that emissions from the : The revisions were proposed arid .-..a . - revisions promulgated today to send a . - ' disposal of demolition waste greatly . ' published in the Federal Register on c - .-signed-copy of the WSR back to the -exceed other emissions, including January 10,1S89 (54 FR 912). The - '" ,. y , Waste generator no more than 30 days process emissions from milling, .. ...: -; preamble to the proposed standards ' - > after receipt of the waste, to attempt to' manufacturing, and fabricating. Liability -revisions noted the availability in the : . . reconcile any discrepancy between the ; and other considerations generally lead docket of the supporting information quantity given on the WSR and the . the owners of buildings being renovated . used in developing the proposed y quantity actually received and, failing to to follow or even exceed the . .. revisions. Public comments were do so within 15 days after receiving the requirements of the NESHAP. Thus, the solicited at the time of proposal. waste, to report the discrepancy and appropriate baseline for demolition is To provide interested persons the any attempts to reconcile it to the current use of work practices rather opportunity for oral presentation of . -. Administrator. The revisions than full compliance. At asbestos data, views, or arguments concerning promulgated today also require the milling, manufacturing, and fabricating . the proposed revisions, a public hearing . owner or operator of an active disposal facilities, the required air pollution was held on February 8,1989, at site to maintain records of the location, control devices are generally in place. Research Triangle Park,-North Carolina. depth and area, and volume of asbestos- Thus, for milling, manufacturing, and . The hearing was open to the public, and containing waste material within the fabricating, full compliance with the . G persons presented comments. . , . disposal site on a map or diagram of the NESHAP, including the waste disposal The public comment period specified disposal area. Upon closure, the owner requirements, is assumed for the in the Federal Register notice was from or operator must comply with all the baseline. January 10, 1989 to March 7,1989. One LAM 017375 DPMC-11103 48^08 Federal Register / Vol. 55, No. 224 / Tuesday, November 20, 1990 / Rules, and Regulations hundred comment letters were received intention Was to distinguish between : distinguish between material that could in response to the Federal Register materials that would readily release release significant amounts of asbestos . proposal. The comments have been asbestos fibers when damaged or fibers during demolition and renovation carefully considered and, where disturbed and those materials that were operations and those that would not. determined to be appropriate by the - unlikely to result in thi release of This policy determination stated in Administrator, changes have been made significant amounts of asbestos fibers. essence that any ACM, whether to the proposed revisions. : To accomplish this! EPA labeled as originally friable or nonfriable that IV. Significant Comments and Changes to the Proposed Revisions - ."friable" those materials that were likely to readily release fibers. Friable materials, when dry, could easily be become (or are likely to become) ' crumbled, pulverized, or reduced to -' powder are covered by the NESHAP. Comments on the proposed revisions : crumbled, pulverized, or reduced to' Specifically, the determination slated - were received from industry, trade - powder using hand pressure. The term that1 -- ' '' " - ;....... associations and regulatory agencies. A . "reduced to powder!' is readily r-' :,' - detailed discussion of these comments - ' understood to mean,'that the affected: f- ' and responses can be found in the','-: ' ' material is changed to a dust or powder:; promulgation BID; which is referred to in that can become airborne. "Pulverized"- * * even though the regulations address .. . only material that is presently friable, it does hot limit itself to material that is friable at the time of notification. Rather, if at any point . :tlie ADDRESSES section of .this'.c^i.bt'*-'? . indicates that the resuldng.material will; i during the renovation or demolition.' - ' - preamble.- The comments and responses? - include dust as well as a large numberV-; additional friable asbestos material - <; -- ' summarized in the BID serve as the;;; b;-;\; of small pieces of the original material.;-:.; is * * * created from'rionfriable form's, then ' basis for the'changes that have been made to the revisions between proposal and promulgation. The major comments The term"crumbled" indicates that'the affected material is easily (i.e., using hand pressure) broken into a large; this additional friable material becomes : ? subject to the regulations from the lime of creation * * * .. and responses are summarized in this: !*: number of small pieces. Although dust is; The issuance'of this determination did ; preamble. Most of the'comment letters;}?^i likely to be' prodjicedas a result ofajkOh:'; not"alter.the.'intent of the NESHAP, but , ` contained multiple cbrnmentsf^iu;!?''.?:* x cii^bling;''it'is'^isilile;ffiat>tjiere7aro'A was consistent'with the ihtehtof the -'IT-' ; Significant comments have .been divided*!`"`some t^es' of malerials'diatpan be;e:r?;. standard that was`written to prevent : into' the following areas:'demolition and x : crumbled without producing dust It is'^-tjr significant emissions of asbestos fibers. ; renovation; and wa'siedisposal'Jl&vJill:. also'understood that^crumbling refers to.'-. The intent of;the policy determination . Demolition'and Renovation* " an action tharpccvis.essentially inonerl;-''! was 'ffiaOiapply'narrowly'tcf specific; V ' effort and not to repeated attempts to'.-" instances'where otherwise nonfriable 7! Nonfriable ACM . ,v _ 'L .: crumble the material! For example, floor! materials would be damaged during - . ''Comment: Sevefarcbmmhlers`apgued tile in good condition can be broken by " demolition or renovation to the extent that the'rule:should be modified to' hand into a few jarge pieces," but it is not that significant amounts of asbestos clarify that certain products are-'-';.|i>'V-?' ' easily broken in one effort into many;' fibers would be released to the, . nonfriable and, therefore,'not regulated;";. : small pieces. Oh the other,hand, floor atmosphere. A statement in the ; Asbestos cefheht '(A/CJ'prd'ducts;*1"'*''!''':^' .file that has lost its structural matrix is : determination to the effect that some... including transite and exterior shingles,h in poor condition and can be broken into ' nonfriable materials may remain should be included among nonfriable- ... many small pieces in one effort. ... nonfriable throughout demolition and -. - products according to commenters IV- . Later, EPA realized that, in some - renovation is evidence that this ; D-49, IV-D-72, and IV-D-93; Asbestos-: instances, nonfriable materials that determination was intended to be containing flooring products, such as tile were subjected to intense forces, such narrowly, interpreted and not used to and sheet vinyl flooring, were as the intense mechanical forces . require removal"of all nonfriable _ - considered by several commenters (IV-- encountered during demolition, could be materials. For example, materials such . D-15, IV-D-47, IV-D-48, IV-D-55, IV- : crumbled, pulverized, or reduced to - - as resilient floor covering, asphalt . D-84, and IV-D-95) to always be powder. In these instances,"."certain - : roofing products, packings, "and gaskets nonfriable and exempt from the rule, . materials which had been considered would rarely, if ever, need to be - with the exception of flooring that was:.: nonfriable appeared capable' of; if':, ''. - removed because, even when Broken or - being sanded (IV-TM7, IV-D-48). ' releasing significant amounts of- A/ " r damaged, theywould not release Another ebrnmenter, IV-D-48, in . asbestos fibers to the atmosphere'. significant amounts of asbestos fibers:- " reference to asbestos roofing products, Examples of practices that were ' But, just as it is important to recognize ' argued that there is ho basis in the ' k observed by EPA to reduce otherwise ' that some nonfriable materials do not record for saying that severely ~ ' nonfriable asbestos material to dust have to be removed prior to demolition, weathered asphaltic material 'could-:.- . capable of becoming airborne included .. ' it is also important to recognize that -.-: -; become brittle; Commenters IV-D-21; ! .the breaking of nonfriablednsulationW : jsome nonfriable materials should be'--': IV-D-31, IV-D-48, IV-D-49, and IV-D- " from steel beams by repeatedly runningd/ .removed prior to demolition if,"as 93 recommended that the rule be .. ' over the beams with a crawler tractor: .... result of the forces of demolition, t :. clarified to exempt all nonfriable' V In view, of the damage done tofihese'..?v nonfriable material is likely to become - materials as the rule is currently ' .. .. otherwise nonfriable materials and the . crumbled, pulverized, or.otherwise > understood. Co'mmenter IV-D-93 argued' resulting increased potential for fiber ' that in present day ACM, the asbestos ' release, these and other similar reduced to powder. For example, the;.':A/C siding on a building that is to be fibers are locked in cement or . practices involving nonfriable asbestos demolished using a wrecking ball is very' bituminous or resinous binders and that material were considered to render likely to be crumbled,or pulverized with the materials can be removed and - - nonfriable ACM into dust capable of increased potential for the release of disposed of without any significant becoming airborne. significant levels of asbestos fibers. release to.the environment. ' As a result, EPA issued a policy - Response: In 1973 when the asbestos \ determination in 1985 regarding the Such material In this instance should be removed prior to demolition.. NESHAP rules were first promulgated removal of nonfriable asbestos material Since this policy determination was ` for the demolition of buildings, EPA's - that was consistent with EPA's intent to made, there has been some confusion in LAM 017376 IiPMC-111 04 Federal Register / Vol. 55, No. 224 / -Tuesday, November 20, 1990 / Rules arid Regulations :?48409 its application. As a result, contractors . appeared minimal and substantially /. of airborne asbestos fibers. It is only .1 ' opera ting in more than one enforcement .- lower than for friable materials. These _/ when the material is extensively jurisdiction have encountered different findings, while uncertain, support EPA's damaged, i.e.i crumbled, pulverized, or - interpretations for similar demolition - original argument that there is a basis reduced to powder, that the potential for ..operations. For example, there have for making a distinction between significant fiber release is greatly - -1 : been instances in which contractors are ..materials that readily release fibers and increased. Also, in the definitions of . required, prior to demolition,.to remove - .those that do not. . -g y; "asbestos-containing waste material," -floor tile in one enforcement jurisdiction - ;--As a result of the comments received ;'.-/'Triable asbestos material,'', arid -but riot in anothef.'Cqntractprs and/or -/" on this issue and the additional jV.'Ti;T ^elsewhere, the word-"brbken'''isf'>Tv'r:?:T:;i building owners and operators are / / ; . informrition gathered in response to V deleted. The EPA is planning to issue unsure asjo what materials must be,. comments, EPA has been able to. i. ;r- ' ' additional information in the future on ..removed and what materials canbeleft :yCOiripile.a.list of nonfriable ACh4 that, /-h '; this arid other aspects of the NESHAP to in place and are often hesitant to ' /under normal conditions, do not have to . . help enforcement officials and the '; ' proceed without a ruling from EPA, . be removed prior to demolition . regulated community interpret arid - which can involve significant delays. operations. These ACM are not - apply the NESHAP provisions. As a consequence, EPA received a number ofrequests from State and expected to release significant amounts - - ' - of asbestos fibers to the outside air-/ / Inspections.-.. : . . - regional enforcement agencies to clarify during demolition and, consistent witn , -..Comment. Three commenters argued:< .what is required under the. NESHAP in . the intent of the eidsting standards, are that EPA should include mandatory Vi-": dealing with ndnfriable'materials since iriot being regulated. A definition of asbestos surveys in the rule. Commenter the 1985 policy determination was :; V ' "category I nonfriable ACM" is added to lV-D-4 stated that EPA should require . issued. In response to these requests, a: :the final rule, which lists resilient floor surveys for all buildings prior to and ;' clarification of the nonfriable issue was - covering, roofing products, gaskets, and separate from any demolition of ' included in the revisions proposed on . packings. However, if these materials . . renovation activity. Commenter IV-D-4 . January.10,1989. These revisions were ,,. . are in poor condition and are friable or .--. stated that such building surveys could intended to clarify the intent of the . j they are subjected to sanding, grinding, become part of a public record, making -. original rule! Basically, EPA stated in .. . cutting, or abrading, they are to be -. jhc absence of a survey a violation.- ' the JanuaryTO, 1939; Federal Register treated as.friable asbestos material.. ,. Commenter IV-D-4 noted that, if the .' notice that certain nonfriable materials, -. Category I nonfriable.^CM.that is in ; . survey indicated that a structure"vvas . such as floor tile, roofing products, and _ poor condition, but is not .friabie ant' - . asbestos free, all notification and / . packings arid gaskets that are in good ^Pubjqcted to sandrng. -enforcement, costs would be eliminated! - condition, can.be left in buildings being . grinding, cutting, dr abrading, is not,..... v Also,.commenter IV-D-4 explained that ; demolished because fiber release from, subject to the NESHAP^. Ip poor , , -... a demolition without proper notification these materials, even if the materials are condition has been defined to mean could be easily established later. . damaged, is relatively small compared _ to the fiber release from friable materials!. Other nonfriable products .../ . that the binding of the material Is losing ; its integrity as indicated by peeling. .. . `.Crackmg,orcrumbling of.the imderiaL . .. Comn)Cn(ers rv-D-s? and IV-D-84 .stated that EpA.s requirelBent lo survey bujlding5. j,rior Todemolitionand such as'A/C products have a greater , Other nonfriable materials are identified , ^rifiori'is fm^icit arid should potential to release asbestps fibers V; as Category II nonfriable ACM and have .. miide eJCpIicit and require that surveys when heavily damaged and may have to , to.be evaluated on acpse^y-case basis. . perfo^ed by an ^edited asbestos ; be removed prior to demolition.^.;;, - In.resporise to the revisions proposed on January 10,1989, numerous comments were submitted to EPA. Many /Category 11 matenals that become .Vv,;. V.- crumbled, pulverized, orreouced to -/. powder during removal .or during.;..: d.em...olition a. r e...covered by t. he.N. ESHAP. ' - jn^ector. Commenter IV-D-57 also \ , j ,Vvotia' ' i.__ ? 7 . ' sstnartevd'etyhyat EPA shou'ld Psi.mr,,ilarl.y req.uiirre- of the commenters argued that EPA was Broken ACM ; a site-specific survey-before demolition;- attempting to regulate nonfriable Comment: Commenters 1V-D-T7, IV- \vith Retails on how the building will be. materials, which were explicitly i; . o_89, IV-D-93, arid IV-Di.95 explained ' demolished and how the asbestos will ; exempted in previous asbestos NESHAP . that use of the term "broken" to/ ;' . be controlled^.-,.... . rulemakings. Many comments stated describe materials that are subject to Response: ihe EPA currently requires that the proposed revisions did not help the rule is inconsistent with the current !hal 8 facility be inspected for asbestos to clarify EPA's position on nonfriable . - NESHAP and expands coverage of the prior to demolition or renovation. As a material and may have made matters . .' NESHAP. These commenters stated Lhat result of the survey, information on the more confusing........... . ./ . .. merely breaking nonfriable material asbestos material present, the nature of In responding to the comments, a does not equate to fiber release. One - the demolition or renovation, and literature survey was conducted to commenter, IV-D-89, noted that measures that will be taken to control determine if it was possible to quantify noncompliance may increase where emissions of asbestos must be reported the fiber release potential of nonfriable nonfriable material is broken during to EPA. Commenters IV-D-57 and IV- materials when they are damaged demolition or renovation, but is not D-84 are correct in saying that it is an during demolition. All of the available controlled or reported according to the implicit requirement and that it is not data on fiber release from floor tile, NESHAP. stated explicitly in the rule. The final roofing products, gaskets, packings, and Response: After considering this issue, rule expressly requires a facility survey A/C products was reviewed. In some . EPA agrees with commenters that .- for asbestos prior to demolition or instances, the fiber release data were retaining the word "broken" could be renovation. Although^reviously measured during actual removal interpreted as substantially increasing implied, this revision clarifies EPA's operations, while other data were from the scope of the standard and, therefore, position on the requirement to perform ' simulated removal activities in - - - - has removed it from the definition. Most' building surveys. - laboratory settings. For the materials nonfriable materials can be broken . The EPA also considered the ' ' " evaluated, the potential for fiber release without releasing significant quantities suggestion to require that surveys be - lam 017377 DPMC-311 - . 48410 . Federal Register / Vol. 55, No. 224 / Tuesday, November 20, 1990 / Rules and Regulations performed by an "accredited" inspector or by a "competent" person as required by OSHA. OSHA's requirement to have a competent person perform an engineering survey prior to demolition Commenter IV-D-78 stated that the ' definition would require asbestos ' content to be determined by ' transmission electron microscopy (TEM) analysis, and that the high cost of TEM determination be repeated using the ? point counting technique with PLM. . ' ' Point counting, a systematic technique for estimating concentration, may also be useful in quality assurance activities, (29 CFR 1926.850) is to ensure that the should be considered. Commenter IV-D- especially in establishing a relationship structural integrity of a structure is . 78 recommended that the"current between point counts and visual sufficient to prevent worker injury method continue to be accepted with estimation procedures. ; caused by the unplanned collapse of any TEM specified over other methods. The accuracy of quantitative data portion of the structure; a search for Response: The revisions to the from either technique of estimation is asbestos is not required. An accredited asbestos NESHAP proposed on January dependent upon several factors, inspector or competent person can 10,1989 would have changed the ? including: sample homogeneity, asbestos perform the survey although using such definition of "friable asbestos material" . content, asbestos fiber size, the"" individuals is hot required. Using an from "greater than"! percent.weight", to? presence of interfering matrix/binder ' ? 1 accredited insfiector and following the "greater than 1 percent area'.' and material; and the skill of the " =r-> ;v- AHERA.req'uiremeritsj9r brnling. i.-,.. , referenced a method for the analysis?*?? - microscopist. It is'suggested that the"-:. , . inspections would help ensure a .-. 's': .v;./ . Because the method referenced actually quantitation skill of the microscopist - vJ10f?:usl1.i9sP?9li0n the facility, as;.--,; contains two analytical methods--pv?;.' may be improved and concurrently? . A j iDl \/l lirnipn1 verified through the'rise'of calibration5-; standards. These standards may includh; well-characterized bulk'miaterials or in- ; , . .requirement to use - -weight---EPA has modified the definition house calibration standards formulated' accredited inspectors in future (0 specify the PLM method to avoid by mixing known weights of commonly amendments to the.rule. -,. -f.L > .... possible confusion as to which' method.; available fibrous (asbestos, cellulose, ; Becausethe^PLM pointy glass, etc.) and nonfibrous (plaster; clay, ; vermiculite; calcium carbdhate.'efc.) ?. 1 .it.'. Forsbme'materials,`experiencehas shown'that gravimetry (gravimetric^'"'; ":' sarnple reduction) is a viable technique;. ? to aid in'the'deteiffl'natiqh of asbestos;;-: renovation operabons were planned^ . --ple. Th^feTelatiohshipsriix? P content The technique involves the '"1 -' previsions proposed on January 10, . . ? des & Asbestos Content in Bulk " systematic removal (and determination? 1989, are intended to.cUrrfy.the ruleandNation Saniplesi Visual Estimates-?; of the resulting weight loss) of:.r_? .. <v; promote comphance. The need for a... :- pand Wei ht Composition (EPA-560/S-P interfering components, and the . ; ^mn^at wmW affecn strm^ncy - ; '^i,* September 1988). However the " - ' mmaayy-bt e consldered at a later date. -. frit llie Plkpw&diufe-V? '. Hreoqwuiervee,,ar,,,ss-u,uwbcsh,,traa-n,,*rteiaqilu.c?ioremmmeintmt weonut lod*f-.i:: resources to perforriTsurveys of all -; existing buildings. In addition, it is hot clear that it would always negate the need for pre-demolition inspections in the future. ' ' . r` . - used to dje-termine tne amount o1f "asbestos in building materials (Interim- ' ? Method for the Determination of '? ? ; Asbestos in Bulk Insulation Samples (EPA-600/M4-82p)20, December 1982).. measures percent area-and not percent . : concentration of asbestos in a residue, - : the components of which are identified-.by PLM. EPA is C'-rrently conducting <- ? research to develop procedures that vvill help determine the appropriate -?.. analytical procedure to use based on the type of material, the level of asbestos present in the material, as well as other weight PLM laboratories polled at'. - factors? -- *" : - Friable Asbestos Material--Analytical- meetings of the National Asbestos TEM is not recommended for routine . Method; . . ' v.. -. ; Council admitted that percent area is ?. analysis of bulk samplesTTEM may be Comment: Commenters 1V-D-17, IV-? ; what they, measure and report-- ; useful in the analysis of special. ; D-35, and IV-D-70 supported thePTVpv;???. Accordingly, there should be no impact ,V materials containing finely divided ' - proposed changes to the definition'of.? on fj1? standard from the proposed , asbestos particles. The EPA is' currently . ``friable asbestos material,'-' specifically! *! change.i.-pTy.;hv;n.'>V..4;'7 7;:.".; reviewing procedures for'analyzing bulk' the changeJoi'percent by area. Point Counting is not required for'the .' samples for asbestos. Under. "- . ' - Commenter IV-D-69 argued that to go PLM procedure. An equivalent visual investigation'are procedures that would from percent weight to percent area may estimation technique may be used. - determine what analytical techniques ' , have a major impact on coverage;' ??<;'- Visual estimation may be made during.. are appropriate for bulk'samples of ; -. because there'may .be W.ide<;i>siitiiV!i>i?-!V* macroscopicexamination with a--,.;-,-.,; r, ? different materials and different, -. ? discrepancies in,the.results?repofted by'??? ..stereobinoculaf microscope, resulting inC asbestos .contents. For'exafripje; aft"-:??'..?; ? the two methods; Commenter IV-D-69 S'-vr'a'-volimretric estirn'atibh'bf components?-'' ' simple visual estimation techniquemay-?: provided an example of this, stating that--, For most samples, quantitation by--'-!.;. be approjiriate for the initial screening ? ;- . a cement-based fireproofing that-";;?;' .;-;? ; macroscopic examination is" preferred? V of bulk samples of friable material. If the contained 30 percent asbestos, by area.-;?; ..Visual estimation may also be made? visual estimation technique indicates ' contained less.than1 percent by weight.-, . during polarized light microscopy (PLM) that the asbestos content is less than 10 Commenter ImVrnD-7m0 rfe,,nlt .tuh-ayti ,thue,, !- - - - examination, resulting in a projected - ?:' percent additional quantitation by point . definition of "friable asbestos material"- area estimation of components. counting would be required. If the was appropriate; however, the method ; However, if the asbestos content is - . material to be analyzed eontains : referenced should not be limited to point estimated to be less than 10 percent by a asbestos fibers below the limit of counting in view of 47 FR 1982, p. 38535,? method other than point counting, such ' resolution for PLM, which is often true which clarifies the acceptability of "an as visual estimation, EPA has revised, of floor tile, then analysis by TEM is : :' ` equivalent estimation method." - the definition to require that the appropriate. ' LAM 017378 DPMC-11106 ; Federal -Register :/ -Vol.. 55, No. 224 / Tuesday, 'November .20, 1990 ;/ Rules :and Regulations .'1484111; Method of Notification and transmissions of poor quality 71, IV-D-73, IV-D-74, IV-D-76, IV-D- . Comment: Several comments were' received on the requirement to use certified mail for notifying EPA. Most of the commenters objected to the use of ... ' certified mail to the exclusion of other methods. ' '. ... - ' " , Commenters IV-D-23, IV-D-24, IV-D- . 25, IV-D--42, IV-D-78,1V-D-59, and IVD-65 considered the certified mail : ' requirement to be unnecessary for EPA to achieve the intended purpdseof the '' notification process. It was stated that certified mail would require a trip to a ' '.v post office', which is a deterrent-to ' ;; timely notification. Commenters IV-D- requiring faxed messages to be followed by telephone contact to confirm proper transmission. More than one transmission may be required. In some instances, quality cannot be improved. Also, because of competing messages, it often requires a long time before a fax,: can be properly transmitfed and .verified. The EPA may. consider the use of .facsimile machines in the future when their reliability has been improved. '.The EPA does'not consider it' necessary to allow the use of the telephone for the original notification of a demolition or renovation activity covered by this standard. The : ; 23, TV-D-24, IV-D-41,'and.IV-D-78. . . argued that notification by telefax. -- machine may be more practical than "'i. certified mail. CommenlersTV-D-25, IV- notification must be-in. writing. . . . . .. Where States or local authorities enforce their own asbestos regulations, ` they may choose the notification D-65, and IV-D-83 suggested that . procedures. But if a State is delegated notification by telephone or telefax be - authority for enforcing the NESIIAP, allowed, followed by a v.'ritten then they must adhere to the NESHAP's notification. Commenters IV-D-24, IV- requirements! 7. . . D-25, IV-D-42, and IV-D-65 observed . The EPA is in agreement with the that regular mailing of notices works satisfactorily and should be allowed. Commenters IV-D-28 and IV-D-68 : commenter who" favors written r.notifications over telephone' < >}-,:. notifications and the final rule continues favored allowing the use of overnight to require the formef.'-ji~" mail. ' It should be noted tha t OSHA has - - - ..-Commenter IV-D-59 argued that, if a' recently proposed notification . .. ' State agency has jurisdiction, the : requirements (55 FR 29712, July 20,1990) method of notification should be left up similar to those in the NESHAP. The_ . . to the State agency. - -:; ;j :: EPA is coordinating with OSHA during Commenter 1V-D-32 argued that all ` their rulemaking to determine the most notifications should be in writing efficient mechanism.to avoid duplication because telephone notification does riot - ; and ensure that both EPA and OSHA result in a legally enforceable written - receive adequate notice without unduly record. Also, commenter IV-D-32 stated burdening industry, . . .'vvh that allowing tlie use of telephones 87, IV-D-88, and IV-D-94 suggested that EPA allow the use of some other means besides certified mail for renotification, such as same day telephone or telefax messages, when a 5-day written notice would further delay the project. This ' would be simpler and less time- j !! ' ; consuming. Commenter IV-D-41 also suggested that, when it is feasible to . ' .provide a 5;day vyritten notice,' i.e., v delays are known at lea'st 5 days in ' '" .. advancei then such notice would be provided. Also, as commenters IV-D-^56, IV-D-49, IV-D-50, IV-D-58, IV-D-60, IV-D-62, IV-D-69, and IV-D-73 suggested, a telephone notice could be '. followed by a written notice. ' ; ; ' . According to commenters IV-D-23, IV-D-24, IV-D-36, IV-D-37, IV-D-41, IV-D-42', IV-D--43, IV-D-45, IV-D-46, IV-D-49, IV-D-50, IV-D-51, IV-D-58, IV-D-59, IV-D-63, IV-D-64, IV-D-73, . IV-D-75, IV-D-76, IV-D-78, IV-D-87, ' IV-D-83, and IV-D-94, there are numerous unforeseen factors, such as ' equipment mobilization problems,' personnel availability, weather, or other project difficulties, that can cause a removal project to start on a date other ^ than the one submitted in the original ' notification. These commenters .."7 . explained that the proposed ' renotification requirements, with their additional waiting requirements, could result in unreasonable project delays . .. and significantly increased project costs'." Several of these commenters and . .. commenterTV-D-84 suggested that EPA allow a project to start within some ., would promote.schedule changes for Renotification. :: ., .?' .: -. 5. .ni : ::;i: i / minor rea'sons that would not otherwise ' ". Comment: Numerous comments were reasonable period of time, such as a r.' \ couple of days! of the'onginal start date' be considered. ' received oh the proposed renotification without having to renotify EPA in . Response: Several of the commenters requirements. Although a few favored writing. The EPA should provide for objected to the required use of certified the requirements as proposed and a few some flexibility in predicting the exact mail even though EPA proposed the use thought the requirements should be - .... start date. In the experience of one of . .. of certified mail as a way of ensuring 7- more stringent, most of the commenters; the commenters, jobs usually start . j . that owners/operators had proof of . ; favored the use of telephone .within a day or two of the scheduled notification. In view of the negative .. renotification. The comments were as date. " I ...... comments and after reconsidering the - follows: . ....... Response: The EPA agrees that a 10- , issue, the EPA has decided not to ' . Commenter IV-D-28 disagreed with day advance notice is appropriate for require certified mail although its use the NADC comment in the proposal demolitions and renovations that can be would be allowed. The use of the regular preamble that renotification by ' planned for and scheduled. In some mail system, i.e.. U.S. Postal Service, has telephone should be allowed; situations, however, such as emergency worked satisfactorily in the past and commenter IV-D-28 recommended a 10- renovations or government-ordered . . .will continue to be allowed. Also, day written notice for.all projects. demolition of buildings that are in - because the rule specifies postmark Commenter IV-D-21 suggested that danger of imminent collapse, EPA "* * * or deliver * * private the renotification provisions be made considers shorter notification periods overnight mail delivery is permitted. more flexible by allowing the actual appropriate. For renotification, a 10-day Regarding the use of telephone start date to vary by a couple of days for additional waiting period would be facsimile (fax} machines to transmit projects lasting longer than 5 days excessively burdensome. - ; notices, EPA does not consider these before requiring the owmer/operaior to The EPA has considered the systems to be sufficiently reliable, at renotify. suggestion that telephone renotification this time, to allow their use. Often, it is Commenters IV-D-21, IV-D-25, IV-D- be permitted and has determined that difficult to know whether a transmission 26, IV-D-36, IV-D-37, IV-D-41, IV-D- providing for the use of the telephone, was successful. Disadvantages 42, lV-D-45, IV-D-46, IV-D--49, iV-D- followed by a written notice, would associated with their use include 50, IV-D-58, IV-D-59, IV-D-C0, IV-D- provide the necessary flexibility and occasional incomplete transmissions 61, IV-D-62, IV-D-65, IV-D-69, IV-D- would be in the best interests of both LAM 017379 DPMC-11107 48412. .Federal Register / . Vol. 55, No; 224 / Tuesday, November 20, 1990 / Rules and Regulations the regulated community and EPA. The excluded because renters of apartments considers such additional training EPA does not want to interfere with are frequently exposed as a result of important to maintain familiarity with commerce by requiring a 5-day waiting asbestos w;ork performed by untrained, the NESHAP as well as to keep abreast period for a written renotification when workers. . - of any changes in the standards. a telephone call followed by a written renotificatiori would suffice. Nor does EPA wish to'make useless visits to jobs Response: The recommendation to remove the exemption for residential facilities having four or fewer dwelling Sanding, Grinding, or Abrading Nonfriable ACM that have been rescheduled because a units would expand the scope of the Comment Commenters IV-D-15, IV-- written renotification of a change in rule. Revisions that alter stringency may D-47, IV-D-48, IV-D-55, IV-D-84, and start dale was not received in time. \ - be considered during a later rulemaking.. IV-D-95 considered asbestos-containing - Emergency Renovation Comment Commentors IV-D-9, IV-D. ` 14. IV-D-41, IV-D-42, and 1V-D-49 - . However, EPA does not consider residential structures that are ' ' demolished or renovated as part of a commercial or public project to be ; - flooring products, such as file and sheet . vinyl flooring, to always be nonfriable . and. exempt from the rule, with the;; exception of flooring that was being. '- ; stated that the scope of the term - exempt from this rule. For example, the - ~ ' sanded (Commenters IV-D-47 and IV-- : "emergency renovation operation",,: demolition of one or more houses as part D-48.)- ; ' should not be limited to events resulting ... of an urban renewal project, a highway.'-; . Response: The EPA considers the 7 1 in "unsafe conditions," but should,:-:..;. construction project, or a project to o'; deliberate sanding, grinding, or abrading ; include events such as fires, ruptured ' . W"'.'pipes, boiler failures^ arid "other 7~ 1 develop a shopping mall, industrial ' facility, or other private development, ' (including drilling, cutting^and chipping) of all nonfriable materials-including ; ; , : ' - situations that could present potential public health or safety hazards if not., immediately attended to. Commenter ... lV-^l$askedjfi!t^dgl!mtfon'^puM^2ii': include tneTelease of asbMtpS into the>:.j' ; . would be subject to the NESHAP. Nor would the conversion of a hotel or large apartment building to a condominium, a cooperative, or a loft exempt, the."; structure from the NESHAP. Tci'clarify';v ) resilient floor covering, asphalt roofing material, packings, and gaskets to.be sources of asbestos emissions and the , revisions require.otherwise nonfriable'.,;.; ACM to-be treated as ifif were friable T: - ' ' - that the definition include operations^'; ,ftecessary.`to Pfotect equipment, from'.';*,' " Response: Events that wouldjy.i "v-.V"1.';,' necessitate an emergency renovation...., include those that may produce 777.. immediately unsafe conditions as well : " as those, that, if not quickly remedied^'7; ; that condominiums,^'cooperatiyesjand;; when it is sanded, ground or. abraded. lofts which'exceed four dwelling units'13 ' . Also, a defihitfon of "grinding" is ; 7' ; are subject.to the NESHAP>.the--Rp.pT'J'.: definition of facility.has been modified accordingly. The owner of a home that - , renovates his house or demolishes it to . construct another house is hot to be - ' subject to the NESHAP. ' 7, ' ' . 'added to clarify the types of activities,.) `especially .Adseinvolvihg`hqhfiriable7;'d:vj asbestos materials, that are subject to ; the regulation. For example, typical floor "tile removal methods, such as ' - mechanical chipping, result in the floor- . could reasonably be foreseen to result in Definition of Installation tile being broken up into numerous small ; . an unsafe or detrimental effect on "'".`.'1 - health. For example,"a boiler in an \V'. apartment buitding that suddenly malfunctions during the winter would . Comment Commenter IV-D-83 ' ' y argued that the definition of ' ': ' ; "installation" needs clarification and asks whether a group of residential fragments. This removal method is subject to the NESHAP provisions. . .. . , Other floor tile removal methods are available that do not result in the . need to be repaired immediately. To .. buildings would be excluded. The - material being so severely damaged. . protect equipment from significant damage and to avoid imposing an ; commenter argued that a group of .. residential buildings at one location Such methods include the use of heat from heat guns or electric heat . unreasonable financial burden by' ' being demolished or renovated by one machines, the use of infrared machines, - requiring spiirces that experience a . developer should be covered. ' ' flooding with water or amended water, sudden unexpected equipment failure to Response: A group of residential - and the use of dry ice or liquid nitrogen. wait 10 days, the final rule includes V1 buildings under the control of the same Thesemethodswhenproperiyutilized- / equipment damage and financial burden - owner or operator is considered an -v-' -; allow the tiles to be removed with a - as additional reasons for emergency 7 installation according to the definition '. minimum of damage to the tiles and . . renovations, and the definition of; r `'. of "installation" and is; therefore, 7"': 7. would not be subject to the NESHAP. I .- " emergency renovation is revised " ` covered by the rule. As ah example;1;- Definition of Nonfriable Asbestos accordingly. several houses located on highway Material-.. . Definition of Facility .. .... right-of-way that are all demolished as : part of the same highway project would Comment Commenters IV-D-15 and ; 7;. ,::y. Comment Several commentors argued be considered ah."installation," everr IV-D-09 asserted that the meaning of - . ... . that thePxclusion of residential7;7 777V - when the houses afe'not proximate to ;:" . ..."nonfriable" is unclear because it was 3.7' 7 V 'V facilities having four or fewer dwelling;;. each other. In this example^ the houses'1' not defined in the revisions proposed oti .'? units should be eliminated. Commenter are under the control of the same owner - January 10,1989. A problem may result `j. IV-D-89 asserted that residential - , - or operator, i.e., the highway agencyv' if it is considered die opposite of friable.. 7;. .; demolition and renovation and; responsible for the highway project: ': ' ' Commenter 1V-D-39 also argued for a . . associated waste disposal involve". definition of "nonEriable" and asserted '; significant quantities of asbestos and Training . 7 7:7.:; 77' 7-: :: that, like "friable," the threshold of at- should be regulated. Commenter IV-D- - Comment Commenters IV-D-18 and ; least 1 percent by area should apply. 54 argued that residential buildings 1V-D-66 recommended that a refresher Response:The EPA agrees that the having four or fewer units should not be course be attended every 2 years. j meaning of "nonfriable" needs to be- exempt from the work practices - Response: Regarding the commenters clarified. A definition of "nonfriable : provisions even if they are exempt from who recommended that refresher i asbestos material" has been added to the notification requirements." I courses be taken every 2 years, EPA : ; the final rule. The EPA considers .- Commenter IV-D-94 recommended that agrees and has modified the rule to nonfriable asbestos material to be - only facilities with one dwelling unit be require refresher courses. The EPA' material containing more than 1 percent LAM 017380 DPMC-11108 Federal Register '/ Vol. 55, No. 224 / Tuesday, November. 20, 1990 ./ Rules and Regulations .'48413 asbestos by area that cannot be crumbled, pulverized, or reduced to : power by hand pressure. However, some nonfriable asbestos materials can be crumbled, pulverized, etc.,in the course of demolition/renovation operations leading to asbestos emissions and are, therefore, subject to control under the NESHAP. Waste Disposal ' Marking . ;Y- . :Comment: Commenters IV-D-61 and IV-D-98 asserted that the term "placard" is inappropriate because it has a'specific application under DOT regulations for hazardous waste transport/and that the proposal should be revised to maintain the distinction ; between "marking"and "placarding" as was done in RCRA and TSCA rulemakings. . Response: The EPA has modified the final rule to replace the term "placard," a term used by the DOT in its regulation of the transportation of hazardous materials, with the term "mark" as suggested by the commenters. This. should help avoid confusing DOT ' - requirements with requirements under the NESHAP. Labeling . . Comment- Commenters IV-D-18, IV- D--28, IV-D-41, and IV-D-84 : recommended that EPA in Section 61.150, and perhaps elsewhere, cite only OSHA labels and delete references to other labels because OSHA requires the use of their labels in all cases. ' -' ` Response: The EPA agrees with the' commenters who suggest that only' ' OSHA labels be'required on containers ' and has revised the final rule ` '' accordingly. Offsite Disposal Comment: Two commenters were - concerned with placarding and other ' ' requirements of 61.149(d). Commenter IV-D-22 stated that his company moves tailings from the mill by dump truck or earth-moving equipment to a disposal site on company property and would : like the requirements for placards, etc., ' in 61.149(d) changed so that they would apply only to transport to an offsite disposal facility. Commenter IV-D-93 also suggested that the requirements of 61.149(d) should apply only to vehicles . transferring waste offsite. Response: Although company personnel may not require a warning that asbestos waste is being transported, others who are on site and who are not company employees, e.g., . vendor and construction personnel, clearly do. Further, OSHA requires that in view of the Superfund Amendments workers be informed of hazards to and Reauthorization Act (SARA) Title ' which they are exposed. Accordingly, III regulations. Commenters IV-D-28, EPA believes the provisions of IV-D-39, IV-D-41, IV-D-75, and IV-D- 61.149(d) are appropriate as proposed 83 asserted that EPA should delete the and should not be changed as suggested. semiannual reporting requirerrient in EPA Identification rJumber . 61.150(d)(4) because it is redundant - since the information is also provided " Comment: Several comments . on the waste tracking form and will just' addressed the proposal to assign - add more paperwork. Commenter IV-D- identification numbers to generators of 94was concerned that small, rural . - .. asbestos waste. Most of the commenters .- landfills will use the proposed found the requirement confusing!' recordkeeping requirements as an ' Commenters IV-D-9 arid IV-D-49 stated excuse to refuse to accept asbestos' that the system of using EPA waste, which could increase illegal identification numbers is confusing and dumping. Commenter IV-D-94 stated misleading and should be subject to that the regulatiqn in effect prior to the . public comment rather than tacked onto January 10,1989, proposal should be\ . j : . the final version of.the amendments. . retained. ' ." ' ' Commenter IV-D-25 wondered how the Commenters IV-D-24, IV-D-61, and .1 system is to operate and whether they would use the number they already have for hazardous waste. Corrimenter IV-D26 was unclear as to who the generator would be and suggested that the abateriient contractor be considered the generator. Commenter IV-D-28 thought that this requirement would generate a list of one-time generators, and that it ; should be deferred for further study. Commenter IV-D-41 asked if RCRA hazardous waste identification numbers were going to be assigned to asbestos waste generators. As explained by : commenter IV^D-61, not all generators will have an EPA identification number as required in 61.150(d) (l)(i) and (4)(i). Commenters IV-DT62 and IV-D-63! ' IV-D-62 noted that roost waste * " . shipment reporting now'occurs on an _ . annual basis and that they preferred .-'.. annual to semiannual reporting. Commenter IV-D-41 recommended that EPA adopt the biennial reporting used Y!, by EPA's Office of Solid Waste (OSW). Commenter IV-D-65 stated that, if necessary, EPA should supplement the existing biennial RCRA report. - Y Commenter IV-D-63 asserted that it is unnecessary for the generator to submit . semiannual waste disposal reports. Comrnenter TV-D-81 stated that the proposal imposes redundant'reporting -r requiremerits on owners/operators due .to 61.150(c)(4). ... expressed Confusion over the proposed ': "YiCommenterTV-p^Sl argued that / T:' ' identification number and urged that a : industrial landfills on site that are :V single number be assigned to an entire ; . . subject to RCRA and State statutes company, rather than to each building or . should be exempt from the reporting and facility. Commenter IV-D-18 asked how' ' ; recordkeeping requirements of ,T ' the identification numbers are to be . 61.150(d). Commenter IV-D-55 stated determined and assigned; is it to be that 61.150(d) does not define done now; and, if the program is adequately who keeps disposal records- delegated to a State or local program, ; and who submits semiannual reports. would this require a State identification Commenter IV-D-55 felt that building .; number? owners are unfamiliar with the report Response: Because of the confusion called for in 61.150(d)(4). ; ' : expressed by all the commenters over . Response;.Upon additional how a system of assigning identification consideration of this provision,' EPA has numbers to asbestos waste generators ' decided to omit the requirement for would work, EPA has reconsidered this semiannual reporting from today's rule. revision and has decided to delete the This decision is based in part on several requirement for ain identification comments opposing semiannual - ' - number. The EPA is confident that, even reporting as unnecessary. In addition, without such a unique numbering because of the large commitment of system, it will be possible to track waste enforcement resources that would be shipments for the purpose of pursuing required for such a system to properly enforcement actions. function, EPA believes that the proposal Semiannual Reports is overly ambitious at this time. The EPA believes, however, that Comment Commenter IV-D--4 enforcement can use the available opposed semiannual reporting by information and adequately identify generators or disposal sites but violators by comparing the waste recommended exception reporting by records that are required to be kept by both. Commenter IV-D-9 noted that - waste generators and waste disposal semiannual reporting is also redundant sites. At this time, a more workable . LAM 017381 DPMC-11109 4 *_r^ 48414 Federal Register / Vol. 55, No. 224 / Tuesday, November 20, 1990 / Rules and Regulations solution will be to require disposal sites allow members of the public and specifically requires the completion of a - to report to EPA whenever there is a industries involved to readily identify Regulatory Flexibility Analysis in those discrepancy between the amount of and locate documents so that they can instances where small business impacts waste received and the amount reported effectively participate in the rulemaking are possible. Because these standards on the waste shipment papers. The process. Along with the statement of impose no adverse economic impacts, a discrepancy report should be submitted basis and purpose of the proposed and Regulatory Flexibility Analysis has not to the same agency that was notified of . promulgated revisions and EPA been conducted. the demolition or renovation and, if responses to significant comments, the Pursuant to the provisions of 5 U.S.C. different, to the agency responsible for administering the NESHAP program for . the disposal site. In addition, new and ; existing disposal sites will be required to comply with the general reporting provisions of 40 CFR part 61.r... contents of the docket, except for interagency review materials, will serve as the record in case of judicial review (section 307(d)(7)(A)). - : The effective date of this regulation is November 20,1990. Section 112 of the . 605(b), I hereby certify that this rule will not have a significant economic impact on a substantial number of small entities. List of Subjects in 40 CFR Part 61 Specifically, new disposal sites will be Clean Air Act provides that standards of required to comply with the requirement performance or revisions thereof to apply for approval to construct ^ become effective upon promulgation . . (61.07),andtherequiremehtsto!notify- except that in the case of an existing EPA of startup dates ( 61.09). Existing source, the standard shall not apply disposal sites that will accept asbestos until 90 days after its effective date.. r . waste after the effective date of the rule As prescribed by section 112, the will be required to supply EPA with promulgation of these standards was certain information concerning their preceded by the Administrator's Asbestos, Beryllium, Benzene; ' Hazardous substances, Mercury, ' Reporting and recordkeeping : requirements. Vinyl chloride. Blast- - furnaces, Steel mills. ; . ' ' .V Dated: October 29.199a William K. Reilly, Administrator. - '' ' operations ( 61.10)..This,information / . determination that asbestos presents a . 40 CFR part 61 is amended as follows: - will assist enforcement in fracking.;,^',:4 significant risk to human health as a . . . . . a'sbestos wa'ste`;'4:4!-.".'...7.'.' *i result of air emissions from one or more.- PART61--[AMENDED] 4 ""-V ."."t v . _ '} Excepled.Waste Shipment Report . r.! .. ( ; source categories and is therefore a . . - The proposed revisions included a - :; requirement for waste generators totstspy indicate, as part of a semiannual report !' to the Administrator, waste shipments for which 35 days or more have elapsed since the waste was shipped "without the ~ waste generator having received a copy, of the WSR signed and dated by the , disposal site owner or operator..While .EPA has determined that semiannual, reports are not necessary, it considers this requirement a vital part of the'. : ' asbestos waste tracking system and a provisions for excepted waste shipment reports is included in the final rule. .. . hazardous air pollutant (36 FR 3031, ; dated March 31,1971). In accordance with section 117 of the Act,publications, of these promulgated standards was -.: ' preceded by consultation with appropriate advisory committees, independent experts, and Federal departments and agencies. , Section 317 of the Clean Air Act .' h' . requires the Administrator, to prepare an economic impact assessment for any new standard promulgated under . section 112 of the Act Since the costs of. the revision will be small, an economic . impact assessment was not considered necessary for this regulation. : . - Waste Conversion Processes ; . Information collection requirements Comment Commenter IVrD-21 asked associated with this regulation (those . - that procedures for sample preparation : included in 40 CFR part 601 subpart A for TEM befidarified: that comminution and subpart XXX) have been approved, size of particle reduction be specified; ' by the Office of Management.and that tlie standard or interim method of Budget (OMB) under the provisions of . - analysis that is acceptable be identified; the Paperwork Reduction Act of 1980, 44 and that laboratory qualifications . ' U.S.C. 3501 etseq. and have been . meeting requirements of the National . assigned OMB control number (2000- . Institute of Standards and Technology 0101). ". ' - 1. The authority citation for 40 CFR ..... part 61, subpart M, is revised to read as folloWS;-Vj=':.:e;:-;"^-- b7.r . Authority: 42 U.S.C 7401; 7412, 7414, 7410. . 7G01. - " 2.-3. Section 61.140 is revised to read : as follows: . 61.140 Applicability. ' - The provisions of this subpart are .. . applicable to those sources specified in 61.142 through 61.151, 61.154, and . .: 61.155'.' 4. Li 61.141, the following definitions are revised: "Asbestos-containing waste materials,"."Commercial asbestos," "Demolition,". "Emergency renovation operation," "Fabricating,- "Facility,2 . "Facility component," "Friable asbestos materials," "Inactive waste disposal - site," "Manufacturing,"Outside air," "Particulate asbestos material,' "Planned renovation operation,".- , "Remove," "Renovation," "Roadways," "Strip," and "Visible emissions." (NIST) and AHERA be identified.- L. - . Under Executive Order 12291, EPA is. -.-Response: Currently.EPA has no::*:`.i57 required to judge whether a regulation is The following definitions are added: . "Adequately.wet,".".Category I .; ; ., V protocol for TEM analysis of output ;;r;cc; a "major rule" and therefore subject to . . nonfriable ACM,"-VCutling.".'."Category. ;. . ^ materials. The final rulerequiresthe.d-.-':'. the requirements of a regulatory impact - II nonfriable ACM," "Fugitive sources," V owner or operator of waste conversion; -;. analysis (RIA). The Agency has'.;-;- "Glove bag,"."Grinding," "In poor . 1 . . processes to submit a protocol for. -.y- -' determined that this regulation would condition,""Installation,"."Leak-light,"' ' .. sampling and analysis by TEM for- ; . result in none of the adverse economic "Malfunction,"Natural barrier,-",-. ' approval by EPA. " :' effects set forth in section 1 of the Order "Nonfriable'asbestos-containing V. Administrative - as grounds for finding a regulation to be . material," "Nonscheduied renovation a "major rule." The Agency has', operation," "Owner or operator of a : The docket is an organized and' V therefore, concluded that this regulation complete file of all the information is not a "major rule" under Executive considered by EPA in the development. Order 12291.. . . . . demolition or a renovation activity," "Regulated asbestos-containing - . material,"-"Resilient floor covering." of this rulemaking. The docket is a - The Regulatory Flexibility Act.of 1980 "Waste generator," "Waste shipment ,' dynamic file, since material is added requires the identification of potentially record," and "Working day."' - . ; tliroughout the rulemaking development- adverse impacts of Federal regulations - The definitions, "Adequately wetted" ' The docketing system is intended to upon small business "ntities. The Act . and "Asbestos material," are removed. LAM 017382 DPMC-11110 : - -Federal Register / Vol. 55,'No!"224 / Tuesday, :November 20, -1990 / Rifles --and Regulations <48415 61.141 Definitions. ~S r.f.ll .-. :C U : burden. This term Includes operations ; ; In poor condition means the binding ' * -* v r r* v* -'.*<. J-v/ necessitated by nonroiitirie failures of of the material is losing its integrity as ; . Adequately wet means sufficiently ::equipment. yv-:;y rirj indicated by peeling, cracking, or \ mix or penetrate with liquid to prevent Fabricating means any processing - crumbling of the material, y . r . : the release of particulates. If visible . - , . [eg., cutting, hawing, drilling] of a - ; Inactive waste disposal site means emissions are observed coining from manufa' fed product that contains any disposal site or portion of it where : asbestos-containing'material, then that ; s \ commercial asbestos, with the exception additional asbestos-containing waste y: material has not been adequately y .' of processing at temporary`sites (field - ` .material has not beeh'deposited within' : wetted. However, the absence of visible - fabricating) for the construction or ; the past yeah `ffffi'Ai : emissions is not sufficient evidence of i " restoration.of facilities. In the case of -> ; . Installation means any building or<' being adequately weL;y,-;:r . - friction products, fabricating includes .... structure or any group' of buildings or '* bonding, debonding, grinding, sawing, ;iy ^-structures''atVsingle^'demolition orijjbY.y.; : Asbestos-containing waste materials 'v -,'drillihg, or other similar operations'T- ; . ^renovation site jhat are under'the^;;':';!.'' i?:' means mill tailings or any waste that ; performed as part of fabricating.' :'-;v control of the'same owner or operator "t-f` contains commercial asbestos and is ; Facility means any institutional, (or owner dr operator under common generated by a source subject to the commercial, public, industrial, or . < . control). - ;, ' . provisions of this subpart. This term . residential structure, installation, or Leak-tight means that solids or liquids includes filters from control devices, - , ; building [including any structure, : cannot escape or spill out. It also means \ ' friable asbestos'waste material, and " ' ' installation; or building containing y; dust-tight ,1 1 - .-..1 ' bags or other similar packaging ' ! 1!: ' . 'contaminated with commercial. 1 ;* asbestos. As applied to demolition and renovations operations, this term also - includes.regulated asbestos-containing material waste and materials ; . contaminated with asbestos including disposable equipment and clothing. . . Category I nonfriable asbestos-.. containing material (ACM) means y y .y ' asbestos-containing packings, gaskets, ` resilient floor covering, and asphalt ry Proofing products containing morc than 1 percent asbestos as determined using the method specified in appendix A,- ' subpart F, 40 CFR part 763, section 1, Polarized Light Microscopy. .. < -'! Category II nonfriable ACM means any material, excluding Category I nonfriable ACM, containing more than 1 percent asbestos as determined using the methods specifiedin appendixA, ;.;j' subpart F, 40 CFR part 763, section 1, Polarized Light Microscopy that, when dry, cannot be crumbled, pulverized, or reduced to powder by hand pressure. - Commercial asbestos means any material containing asbestos that is-' ' extracted from ore and has value / . because of its asbestos content. Cutting means to penetrate with a sharp-edged instrument and includes sawing, but does not include shearing, , slicing, or punching. .... . . - - condominiums or individual dwelling - units operated as a residential - . z ;/ - cooperative, but excluding residential . buildings having four or fewer dwelling units); any ship; and any active or . < inactive waste disposal site. For purposes of this definition, any building, structure, or installation that contains a loft used as a dwelling is not considered .. a residential structure, installation, or ; 1 . building. Any structure, installation or : building that was previously'subject to :' this subpart is not excluded, regardless . of its current use or function; ' r.v. < >" Facility component means any part of a facility including equipment. . - - Friable asbestos material means any . . material containing more than 1 percent yhsbestos as determined vising they . method specified in appendix'A, subpart' . F, 40 CFR part 763 section 1, Polarized . Light Microscopy, that, when dry, can be crumbled, pulverized, or reduced to'.'.hi -- 1' powderby haiid pressure. If the r / . asbestos content is less than 10 percent as determined by a method other than point counting by polarized light microscopy (PLM), verify the asbestos content by point counting using PLM. r; - ;; Fugitive source means any source of. . emissions not controlled by an air ; pollution control device. ; Glove bag means a sealed --mi compartment with attached inner gloves used for. the handling of asbestos- f. . 4 ; Malfunction means any sudden and > unavoidable failurmof air pollution - : . control equipment or process equipment or of a process to operate in a normal or . usual manner so that emissions of . asbestos are increased.Failures of . .. equipment shall not be considered . malfunctions if they are caused in any ` way by poormaintenance, careless operation, or any other preventable - upset conditions, equipment breakdown, ; or process failure; yffi-.T-'-f ai-^ ?r.l =' Manufacturing means the combining ' : of commercial asbestos-^or, ip the case of woven friction products, the ' combining of textiles' containing' commercial asbestos--with any other mate'rial(s), including'commercial my . ashestos;iand;thhproce'ssing'oftffih';*y--;y combination'into a product. Chlorine'1' ' production'is considered a part of .. manufacturing!- Natural barrier means 'a hatural ; object that effectively precludes of '-' - l " deters access. Natural barriers include physical obstacles such as cliffs, lakes or other large bodies of water, deep and wide ravines, and mountains. . . Remdteness by itself is not a natural . ; barrier. ` ". ' ' ' f.';' r i 'Jl- ;'.'' ! ' ; Nonfriable asbestos-containing :' .1-; material means any material containing . more than 1 percent asbestos as .. . g. ... determined using the method specified Demolition means the wrecking or taking out of any load-supporting . containing materials, properly installed arid used, glove bags provide a small in appendix A, subparf F, 40 CFR part . 763, section i, Polarized Light structural member of a facility together ' ` work area enclosure typically used for Microscopy, that, when dry, cannot be . with any related handling operations or smalbscale asbestos stripping crumbled, pulverized, or reduced to the intentional burning of any facility. operations. Information on glove-bag powder by hand pressure. Emergency renovation operation installation, equipment and supplies, Nonscheduled renovation operation means a renovation operation that was and work practices is contained in the means a renovation operation not planned but results from a sudden, Occupational Safety and Health - necessitated by the routine failure of unexpected event that, if not Administration's (OSHA's) final rule on equipment, whichjs expected to occur immediately attended to, presents a occupational exposure to asbestos within a given period based on past safety or public health hazard, is ' (appendix G to 29 CFR 1926.50). operating experience, but for which an necessary to protect equipment tom Grinding means to reduce to powder exact date cannot be predicted. . damage, or is necessary to avoid or small fragments and includes Outside air means the air outside imposing an unreasonable financial mechanical chipping or drilling. buildings and structures, including, but LAM 017383 DPMC-lllll 4.3416 Federal Register /. Vol. 55, No. 224 / Tuesday,- November 20, 1990 /. Rules and Regulations not limited to, the air under a bridge or .. Roadways means surfaces on which . observation of at least 15 seconds .- in an open air ferry dock. : . vehicles travel. This term includes. duration per source of emissions. Owner or operator ofa demolition or.- . public and private highways, roads, -; renovation activity means any person streets, parking areas, and driveways. who owns, leases, operates, controls, or Strip means to lake off RACM from supervises the facility being demolished any part of a facility or facility' or renovated or any person who owns, components. '. leases, operates, controls, or supervises * t * . * * the demolition or renovation operation, Visible emissions means any .. 3 . or both. emissions, which are visually detectable Particulate asbestos material means without the aid of instruments, coming' finely divided particles of'asbestos or from RACM or asbestos-containing -. material containing asbestos!' Planned renovation operations means a renovation operation, or a number of ' such operations, in which some RACM ' will be.remoyed or stripped within a' given period of time and that can be' - " waste material, or from any asbestos milling, manufacturing, or fabricating ...;. operation. This does not include .; ; condensed, uncombined water vapor. . Waste generator means any owricr'of operator of a source covered by this/ '.:, predicted. Individual nonscheduled' - v operations are included if a number of / such operations "can bepredfcted to'--' occur during a given period of time ; - . based oh operating experience/- A - Regulated asbestos-containing material (RACM) means (a) Friable " asbestos material, (b) Category I:/ ./.x i ,'honfri able' AC^Vf that has becOmbi '< friable, (c) Category I nonfriable ACM;::that will be or has been subjected to ; subpart whose act or process produces. asbestos-containing waste material.?/'-:; Waste shipment record moans -the .-'- shipping document, required to be originated and signed by the waste generator, used, to track and ...... -/ substantiate the disposition of asbestoscontaining waste' material.-. Working 'day means Monday, through / Friday and includes holidays that fall on" sanding, grinding,' cutting, or abrading,'.-., . any of the days Monday through Friday. .or (d) Category II nonfriable ACM that -. 5. Section 61.142 is revised to read as#-' has a high probability of becoming or fc;/ follbrvS^-V/^^V/^^' p has become cnimbled, pulverized, or reduced to powder by the forces. -.. 61.142 Standard lor asbestos mills. - (2) Inspect each air cleaning device at least once each week for proper operation and for changes that signal the potential for malfunction, including, to the maximum extent possible without' dismantling other than opening the derice, the presence of tears, holes, and abrasions in filter bags and for dust deposits on the clean side of bags. For air cleaning devices that cannot be inspected on a weekly basis according to this paragraph, submit to the ~ Administrator, and revise as necessary, a written'maintenance plan to include,/at a minimum, the following: " " - (i) Maintenance schedule. '. A", . . . ... .-- (ii) Recordkeeping plan. x . (3) Maintain records of the results of: visible emissions monitoring and air cleaning device inspections using a . format similar to that shown in Figures 1 and 2 and include the following: v,-.. . ,- (i) Date and time.'of each'inspection.'/'' (ii) Presence or.absence of visible;... emission's. . .' ' ' . ' ,. (iii) Condition of fabric filters,' : includirig'pfesehce. of any tears', holes"'- and abrasions.'"".'; ' A' - (iv) Presence of dust deposits on clean expected to act on the materia} in the';-.; ; (a) Each owner or operator of an :- . side of fabric filters. .- / course of demolition or renovation -: asbestos mill shall either discharge no.-:.. - (v) Brief description of cotrective operations regulated by this.subpart. visible emissions to the outside air from . actions, taken, including dale and time... - Remove means to take.out RACM orv that asbestos mill, including fugitive .' . (vi) Daily hours of operation for each, facility components that contain or are '.. sources, or use the methods specified by..- air cleaning device/ '. ' -- - -/ covered_ with RACM from any facility. Renovation means altering a facility or one or more facility components in ~. any way, including the.stripping or. removal of RACM from a facility component. Operations in which load- 61.152 to clean emissions containing. :- -. particulate asbestos material before - . ' ' they escape to, or are vented to, the . - outside air. - ' ; ' . (b) Each owner or operator of an' -; ; - asbestos mill shall meet the following i / (4) Furnish upon request, and make -.- available at the affected facility during normal business hours for inspection by the Administrator, all records required under this section. ' .: supporting structural members are requirements: . (5) Retain a copy of all monitoring and wrecked or taken out are demolitions.' (1) Monitor each potential source of : inspection records for at least 2 years.' Resilient floor covering means ; . .asbestos emissions from any part of the (6) Submit quarterly a copy of visible asbestos-containing floor tile, including mill facility, including air cleaning . emission monitoring records to the . . asphalt end vinyl floor tile', and sheet./- devices, process equipment, and ' .'. : * Administrator if visible.emissions vinyl floor'covering containing more"'; buildings that house equipment for-- : occurred during the report period. . than 1 percent asbestos as determined material processing and handling, at ' . Quarterly reports shall be postmarked using polarized light microscopy '- least once each day, during daylight' by the 30th day following the end of the according to the method specifmd in-;- . hours, for .visible emissions to the" . - calendar quarter.' . .- appendix A, subpart F, 40 CFR part 763, outside air during periods of operation. Section 1, Polarized Light Microscopy. The monitoring shall be by, visual.,.;.- BILLING COOE S560-S0-M / LAM 017384 DPMC-11112 Federal Register / Vol. 55, No. 224 /.Tuesday, November 20, 1990 / Rules and Regulations .. . 4841S 6. Section G1.143 is revised to read as follows: 61.143 Standard for roadways. No person may construct or maintain a roadway with asbestos tailings or asbestos-containing waste material on that roadway, unless, for asbestos tailings. ' - (a) It is a temporary roadway on an area of asbestos ore deposits (asbestos mine}: or (b) It is a temporary roadway at an active asbestos mill site and is , encapsulated with a resinous or bituminous binder. The encapsulated road surface must be maintained at a minimum frequency of one per year to prevent dust emissions; or " . (c) It is encapsulated in asphalt concrete meeting the specifications " .contained in section 401 of Standard Specifications for Construction of Roads and Bridges on Federal Highway Projects, FP-G5,1935, or their equivalent. 7. In 61.144, paragraph (a)(9) and paragraphs (b) (1) and (2) are revised, and paragraphs (b)(3) through (b)(8) are added to read as follows: 61.144 Standards for manufacturing. (a) * * .7 (9) The manufacture of chlorine utilizing asbestos diaphragm technology. (b) * * . - . . -I . (1) Discharge no visible emissions to the outside air from these operations or from any building or structure in which " they are conducted or from any other fugitive sources; or . (2) Use the methods specified by .- 61.152 to clean emissions from these operations containing particulate ' asbestos material before they escape to, or are vented to, the outside air, (3) Monitor each potential source of asbestos emissions from any part of the nianufacturing facility, including air cleaning devices, process equipment, and buildings housingmaterial ' processing and handling equipment, at, least once each day during daylight hours for visible emissions to the outside air during periods of operation. The monitoring shall be visual observation of at least 15 seconds duration per source of emissions. (4) Inspect each air cleaning device at least once each week for proper operation and for changes that signal the potential for malfunctions, including, to the maximum extent possible without dismantling other than opening the device, the presence of tears, holes, and abrasions in filter bags and for dust deposits on the clean side of bogs. For air cleaning devices that cannot be inspected on a weekly basis according to this paragraph, submit to the Administrator, and revise as necessary, a written maintenance plan to include, at a minimum, the following: (i) Maintenance schedule. (ii) Recordkeeping plan. (5) Maintain records of the results of visible emission monitoring and air cleaning device inspections using a format similar to that shown in Figures 1 and 2 and include the following. (i) Date and time of each inspection. (ii) Presence or absence of visible emissions. . '. . . . : r . . (iii) Condition of fabric filters, .. including presence of .any tears, holes and abrasions, (iv) Presence of dust deposits on clean side of fabric filters. (v) Brief description of corrective actions taken, including date and time. (vi) Daily hours of operation for each air cleaning device. . . (6) Furnish upon request, and make available at the affected facility during normal business hours for inspection by the Administrator, all records required under this section. (7) Retain a copy of all monitoring and inspection records for at least 2 years. (8) Submit quarterly a copy of the visible emission monitoring records to the Administrator if visible emissions occurred during the report period. Quarterly reports shall be postmarked by the 30th day following the end of the calendar quarter. . _ . -.8. Sections 61.148 arid. 61.147 are , removed, and 61.145 is revised to read as follows: 61.145 .Standard tor demolition and . renovation. `. (a) Applicability. To determine which requirements of paragraphs (a), (b), and (c) of this section apply to the owner or operator of a demolition or renovation activity and prior to the commencement of the demolition or renovation, . thoroughly inspect the affected facility or part of the facility where the demolition or renovation operation will occur for the presence of asbestos, including Category I and Category II - nonfriable ACM. The requirements of paragraphs (b) and (c) of this section apply to each owner or operator of a demolition or renovation activity, including the removal of RACM as follows: (1) Ip. a facility being demolished, all the requirements of paragraphs (b) and (c) of this section apply, except as provided in paragraph (a)(3) of this section, if the combined amount of RACM is (i) At least 00 linear meters (200 linear fee!) on pipes or at least 15 square meters (160 square feet) on other facility components, or (ii) At least 1 cubic meter (35 cubic feet) off facility components where the length or area could not be measured previously. .- (2) In a facility being demolished, only the notification requirements of * . paragraphs (b)(i), (2), (3)(i) and (iv). and (4)(i) through (vii) and (4)(ix) and (xvi) ol this section apply, if the combined amount of RACM is (i) Less than 80 linear meters (260 . linear feet) on pipes less than 15 square meters (160 square feet) on other facility components, and .. . . (ii) Less than one cubic meter (35 cubic feet) off facility components where the length or area could not be "A measured previously or there is no asbestos. ' (3) If the facilityis being demolished under an order of a-State or local government agency, issued because the facility is structurally unsound and in danger of imminent collapse, only the requirements of paragraphs (b)(1), (b)(2). (b)(3)(iii), (b)(4) (except (b)(4)(viii)), (b)(5), and (c)(4) through (c)(9) of this section apply. (4) In a facility being renovated, including any individual nonscheduled renovation operation, all the requirements of paragraphs (b) and (c) of this section apply if the combined amount of RACM to be stripped, removed, dislodged, cut, drilled, or .similarly disturbed is . - : ; - . " (i) At least 80 linear meters (260 linear feet) on pipes or at least 15 square meters (160 square feet) on other facility -components, or . . ^ - .' (ii) At least 1 cubic meter (35 cubic feel) off facility components where the length or area could not be measured . previously. - (iii) To determine whether paragraph (a)(4) of this section applies to planned renovation operations involving individual nonscheduled operations, predict the combined additive amount of RACM to be removed or stripped during a calendar year of January 1 through December 31. (iv) To determine whether paragraph (a)(4) of this section applies to . emergency renovation operations, estimate the combined amount of RA.CM to be removed or stripped as a result of the sudden, unexpected event that necessitated the renovation. (5) Owners or operators of demolition and renovation operations are exempt from the requirements of 61.05(a), 01.07, and 61.09. (I)) Notification requirements. F.ach owner or operator of a demolition or LAM 017385 DPMC-11113 40420 Federal Register / Vol. 55, No. 224 / Tuesday, November 20, 1990 / Rules and Regulations renovation activity to which this section (7) Provide the Administrator with a demolition or renovation techniques to applies shall: - :- written notice of the hew start date at be used and description of affected (1) Provide the Administrator with . least 10 working days before asbestos facility components; written notice of intention to demolish stripping or removal work begins. (xi) Description of work practices and or renovate. Delivery of the notice by . (2) For demolitions covered by - engineering controls to be used to U.S. Postal Service, commercial delivery paragraph (a)(2) of this section, provide comply with the requirements of this service, or hand delivery is acceptable. the Administrator written notice of a : subpart, including asbestos removal and (2J Update notice, as necessary, new start date at least 10 working days waste-handling emission control including when the amount of asbestos before commencement of demolition. procedures. affected changes by at least 20 percent. Delivery of updated notice by U.S. (xii) Name and location of the waste (3) Postmark or deliver the notice as Postal Service, commercial delivery disposal site where the asbestos- follows: -. - . service, or hand delivery is acceptable. containing waste material will be . . . (i) At least 10 working days before (C) In no event shall an operation deposited. asbestos stripping or removal work or . covered by this paragraph begin on a (xiii) A certification that at least one any other activity begins (such as site date oilier than the date contained in the person trained as required by paragraph preparation that would break up, dislodge or similarly disturb asbestos - material), if the operation is described inparagraphs (a) (1) and (4) (except 1 .. (a)(4)[iii) and (a)(4)[ivj) of this section. If the operation is as described in :.paragraph (a)(2) of this section,' ! notification is required 10 working days : before demolition begins. - (ii) At least 10 working days before the end of the calendar year preceding);;..'/ the year for which notice ia'being given is for renovations described in paragraph/) ;; (.i)(4)(iii) of this section.- T .-) ) ' - (iii) As early as possible before, but .: not later than! the' following working - --- d y if the operation is a demolition, o dered according io paragraph (a)(3) of. - ' ' ' written notice of the new start date. . (4) Include {lie following in the notice: (i) An indication of whether the notice is the original or a revised notification. ;. . (ii) Name, address, and telephone number of both the facility owner and ; operator and the asbestos removal contractor owner or operator. . (iii) Type of operation: demolition or renovation. . (iv) Description of the facility)or . :S , affected part of the facility.incjudirig the' size (square meters [square feet] and . ;J number of Doors), age,*and present and ( k 'prior ii'se'of the facility)")'.. ' (v) Procedure, including analytical. _' " methods) employed (o' detect the; ' h 7 r~- \ presence'of RACM and Category I and " Category Il nonfriable ACM. . . : (c)(3) of this section will supervise the ' shipping and removal described by this ' notification. This requirement shall --, become effective 1 year after - . . promulgation of this regulation. , (xiv) F -i- facilities described in paragraph (a)(3) of this section, the name, title, and authority of The State or local government representative who has ordered the demolition, the date thal 1 the order.was issued, and the .date on; . ) which the' demolition was ordered to begin. A copy of the order shall be . attached to the notification. ; . (xv) For emergency renovations ' ^described in paragraph (a)(4)(iv) of this ' -. section, the date and hour thal the - emergency occurred, a description of the . this section or, if the operation is a- , - -, (vi) Estimate of the approximate' ; V sudden, unexpected event, and an renovation described in paragraph .. amount of RACM to be removed from ' explanation of how the event caused ah (a)('l)(iv) of this section. the facility in terms of length of pipe in unsafe condition, or would cause (iv) For asbeslos stripping or removal work in a demolition or renovation . linear meters (linear feet), surface area in square meters (square feet) on'other . equipment damage oi an unreasonable financial burden.' operation, described in paragraphs (a) facility components, or volume in cubic' (xvi) Description of procedures to be ' Uj and (4) (except (a)(4)(iii) and . meters (cubic feet) if off the facility ' . followed in the event that unexpected (a)(4)(iv)) of this section, and for a components. Also, estimate the RACM is found or Category ii nonfriable demolition described in paragraph (a)(2) approximate amount of Category I and ACM becomes crumbled, pulverized, or of this section, that will begin on a date Category' II nonfriable ACM in the reduced to powder. other than the one contained in the affected part of the facility that will not (x.vii) Name, address, and telephone original notice, notice of the ne w start be removed before demolition'. number of the -waste transporter. date must be provided to the (vii) Location and street address . (5) The information required in Administrator as follows: ..') (including building number or name and paragraph (b)(4) of this section must be , (A) When the asbestos stripping or Door or room number, if appropriate),' reported using a form similiar to that ' temovai operation or demolition - ") city, county, and state, of the facility ' ' shown in Figure 3.' " operation covered by this paragraph will being demolished or renovated.' (,:) Procedures for asbestos emission begin after the date contained in the 1 - , (viii) Scheduled starting and control Each owner or operator of a - notice, . completion dates of asbestos removal demolition or renovation activity to (7) Notify the Administrator of the , v.-ork (or any other activity, such as site whom this paragraph applies, according new start date by telephone as 3con as - preparation that would break up, . to paragraph (a) of this section, shall possible before the original start date.) dislodge, or similarly distuib asbestos comply with the following procedures: end . ' ' ; material) in a demolition dr renovation; (1) Remove all RACM from a facility .1 (2) Provide the Administrator with aP:' planned renovation operations involving : being demolished or renovated before - written notice of tbe new start date as . individual nonscheduled operations any activity begins that would break up) soon as possible before, and no later " - shall only include the beginning and dislodge, or similarly disturb the than, tV original start date. Delivery of: ending dates of the report period as material or pi cclode access to the the upd. red notice by the U.S. Postal described in paragraph (a)(4)(iii) of this - material for subsequent removal. P.ACM Service, commercial delivery service, or section. - need not be removed before demolition, hand delivery is acceptable. (ix) Scheduled starting and if: - (E) When the asbestos stripping or completion dates of demolition or (i) 1! is Category I nonfriable ACM removal operation or demolition renovation. . that is no' in poor condition and is not operation covered by this paragraph will (x) Description o' planned demolition friable. begin on r. cate earlier than the original or renovation work to be performed and (ii) It is on a facility component that is start date. method(s) to tie employed, including encased ir, concrete or other similarly LAM 017386 DPMC-11114 ? DPMC-11115 48422 - Federal Register / Vol. 55, No. 224 / Tuesday, November 20,1900 / Rules and Regulations mwwn a NOTIFICATION OF DEMOLITION AND RENOVATION* Operator Project t Postmark Date p.eceived Notification 4 I . TYPE CF NOTIFICATION ( O-Original R-Revisrd C-Cancelled ) i II* FACILITY INFORMATION { Identify owner# removal contractor, and other operator ) OWNER NAME: Cityt... Contact! REMOVAL CONTRACTOR:.' * Address t City s OTHER OPERATOR:. Zipi State ij, i .-lip:. . - Contact:''. III. YPE_. .> Zipr Tel: - OPERATION, (;'DDemo;,- O-OrderedDeroR-*Renovation' .EEnver. Renovation .) tfvr* -c- -.?, i.; V--, IV.- IS' ASBESTOS PRESENT? '( Yee/Ho ) FACILITY . DESCRIPTION < Include-building' name, number and floor, or-room number ) Bldg Name : , . Cityi-..\. County x Site Locationi 'Building Sizei of Floorsi Ago in Ye&rai Present Ueei Prior Usei VI. PROCEDURE, INCLUDING ANALYTICAL METHOD, IF APPROPRIATE, USED TO DETECT THE PRESENCE OF ASBESTOS-MATERIAL: it-- VII 'approximate amount'of ASBESTOS, INCLUDING: - 1. Regulated ACK to Ue rewved 2. Category I ACH Not Removed ... - 3. Category ir ACM Not Renoved :". - RA.CM TO Ear . ; , Re.'toved1-., . Honfriahle Asbestos Katerial Not To Be Removed -' - Cat, i\ ../Cat II : 1 Indicate Unit of Measurement Belov/ . UNIT--;. : n .Pipec v-\*'/: \ '* *' J,- Surfoce Area ' ^' . . '` . Vox RACK Oft Facility Component" '-. - : . Ln Ft i -. ' /. SqFt: CuFtt Ln nn a | S:j ci: | cuai:-_i VIII. SCHEDULED DATES ASBESTOS REMOVAL . (HH/DD/VYJ - Start.! IX. SCHEDULED DATES, DEHO/RENOVATION (KK/DD/Yr) Complete t Couplete i Concinund on page two ' O Figure 3.- ' .'Joti f i ca ti on of Demo"! i tion and .Renovation LAM 017388 DPMC-11116 #!& S*i . -. Federal Register / Vol. 55< No.,224 / Tuesday, November 20, 1990 / Rules and Regulations . `;48423* j X. Notification of demolition and renovation (continued) DESCRIPTION OF PLANNED DEMOLITION OR RENOVATION WORK, AND METHOD (S) TO BE USED 1 j 1 ._ W\`. XI. DESCRIPTION OF* WORK PRACTICES AND ENGINEERING CONTROLS TO BE USED TO PREVENT . EMISSIONS OF ASBESTOS AT THE DEMOLITION AND RENOVATION SITE: : . -I 777..- i .7 - : ; . ' ': r:-' 7:vf:7 XII.-WASTE TRANSPORTER tl \; j ; ` . .NfiAOl ... -.7 <. , t' 7. Address ' : :-P C-'r-: - >. ' : . .- . : .-.{f ..w; .'L . 1 ' ** .*; ' *' * ' .".``.C. '. .'I' 7~ 7:l' 7 -- . ` 7, : i j City: * Statcj zip* Contact Personi Telephone* HASTE TRANSPORTER t2 . ' 1. : \ ' *' .* i None i Address i City: ' .' ' ' ,7 . ' I;-.--'- ; ` ' . . . ... ... : . . '. . ` ` " State: "Zip: .. . * Contact Person* . : Telephone: XIII. ..WASTE DISPOSAL SITE .. ^7 . " Naiaet Location: City* ` Telephone: ........... ;f; ' ' ' -i-- ' State* \ ' " ; : : - ' ` ' . - -7l '. XIV. IF DEMOLITION ORDERED BY A GOVERNMENT AGENCY, PLEASE IDENTIFY THE AGENCY BELOW: Wane: ' Title: Authority: Date of Crdar (kh/DD/TY)t' XV. FOR EMERGENCY RENOVATIONS - ' pate and Hour of. Emergency {KH/DD/YYJ* .. ' . - Description of the Sudden, Unexpected-Event: " :: `' ' ' .Date Drdnred to Begin f KJ-'/ED/Y) t ; - ,- ... . ` '............ -7;- ' : - - ' - -; ; , ] ! 7 77: -... Explanation of how the event caused unsafe conditions or would cause equipment damage or en unreasonable financial burden: . XVI . DESCRIPTION OF PROCEDURES TO EE FOLLOWED IN THE EVENT THAT Ul.'EXPECTED ASBESTOS IS : FODND OR PREVIOUSLY NONFRIABLE ASBESTOS MATERIAL BECOMES CRUMBLED, PULVERIZED, ` OR REDUCED TO POWDER. XVI. 1 CERTIFY THAT AN INDIVIDUAL TRAINED IN THE PROVISIONS OF THIS REGULATION <40 CFR PART A 1, SUBPART M) WILL BE ON-SITE DURING THE DEMOLITION OR RENOVATION AND EVIOENC THAT THE REQUIRED TRAINING MAS BEEN .ACCOMPLISHED BY THIS PERSON WILL BE AVAILABLE FOR INSPECTION DURING NORMAL BUSINESS HOURS. {Required 1 year after promulgation) {Signature of Owner/Operator) XVII. I CERTIFY THAT THE ABOVE INFORMATION I S CORRECT. {Date) (Signature of Ovfner/Cpers.tor) (Date) .. -figure 3. flotification of Oemol i tion and Renovation 1U.L1NG CODE 6S60-50-C LAM 017389 DPMC-11117 48424 Federal Register / VoL 55, No. 224 / Tuesday, November 20/ 1990 7 Rules and Regulations 9. Section 61.148 is redesignated as ; '".observation.of at least 15 seconds; adding new paragraphs (d) through (f) to - 61.140 and is amended by revising /,//; duration'per'sdurce of emissions... .-. ; .- read as follows: -. paragraphs (a), the introductory text of . (4) Inspect each air cleaning device at 61.149 Standard for waste disposal for (b), paragraph (b)(2). and paragraph (d) least once each week for proper asbestos mills. to read as follows: operation and for changes that signal ***** 61.146 Standard for spraying. '* * * ' * the potential for malfunctions, including, to the maximum extent possible without dismantling other than opening the (a) Deposit all asbestos-containing waste material at a waste disposal site operated in accordance with the (a) For spray-on application on .. device, the presence of tears, holes, and provisions of 61.154; and buildings, structures, pipes, and abrasions in filter bags and for dust fb) Discharge no visible emissions to conduits, do not use material containing deposits on the clean side of bags. For the outside air from the transfer of more than 1 percent asbestos as air cleaning devices that cannot be . control device asbestos waste to the determined using the method specified' inspected on a weekly basis according tailings conveyor, or use the methods in appendix A, subparl F, 40 CFK part.... (o this paragraph, submit to the -- specified by 5 61.152 to dean emissions 763, section 1, Polarized Light .. Administrator, and'rcvise as necessary, . containing particulate asbestos material _ Microscopy, except as provided in'" / a written maintenance plan to include, before (hey escape to, or are vented to, paragraph (c) of this section../.__ - at a minimum, the following:- the outside air. Dispose of the asbestos _ (b) For spray-on application of . . (i) Maintenance schedule. .- - - waste from'control devices in materials that contain more than l""-"-' (ii) Recordkeeping plan. accordance with" 61.150(a) or percent asbestos.as determined using../., -- - (5) Maintain records of the results of the method specified in appendix A, visible emission monitoring and air. subpart F/40 CFR part 763, section-1, - .' cleaning"device inspections using a Polarized Light Microscopy, on format similar to that shown in Figmes 1 equipment and machinery, except as and 2 and include the following: ' provided in paragraph (c) of this section: " (i) Date and time of each inspection;" paragraph (c) of tin's section; and (c) Discharge no visib!e_einissiohs to the outside air during the collection," processing, packaging, or on-site transporting of any asbestos-containing waste material, or use one of the. .... (ii) Presence or absence of. visible., V-t.. . disposal methods specified in/ ' 1! (2) Discharge no visible emissions to - emissions. .:3 .' , - - paragraphs (c) (1) or (2) of this section/ .the outside air from spray-on -- (iii) Condition of fabric filters/ /-/" " " as follows; w, ;................. application' of the asbestos-containing/-, including presence.of any tears, holes',./ : M* 7*. ..." .. material or use the methods.specified by... and abrasions. ;.... . .. - ... (ii) Discharge no visible emissions to/ 6.1.152 to/clean emissions containing `-r- (iv) Presence of dust deposits on'clean" -the outside air from the watting-.'- --/- ' : parliculale asbestos material before side of fabric filters...... ................... operation or use the methods specified, they escape to, or arc vented.to. the - .' . (v) Brief description of corrective - outside air.-.... ' - ; .-................ .. . .' -. sciions taken, including date and time/ by 61.152 io clean emissions . containing particulate asbestos material - . - (dj Owners or operators of sources ... (vi) Daily, hours'of operation for each air cleaning device. . - : . / / before they escape to. or arc vented to, the outside air. ' " . ' ' subject to ihis paragraph are exempt..... - - (6) Furnish upon request and make - from the requirements of 61.05(a)/ '' ` "available at the affected facility during' 61.07 and 61.0S."'' / '..... - / ' '' ' norma! business hours for inspection by 10. Section 61.149 is redesignated a3 61.147, paragraphs (b) (1) and (2) me the Administrator, all records required - under this section. . ' revised, and paragraphs (b)(3) through . - . (7) Retain a'copy of all monitoring and (b)(8) are added to read as follows: inspection records for at least 2 years. (iii) Wetting may be suspended when .the ambient temperature at the waste disposal site is less than --9,5 'C (15 'F). us determined by an appropriate measurement method with on accuracy of 1"C ( 2 F). During periods when wetting operations are suspended, the 61.147 Standard for fabricating. * * a- ' * + fh) ` ' (8) Submit quarterly a copy of the visible emission monitoring records to tire Administrator if visible emissions occurred during the report period. temperature must Le recorded at least at hourly intervals, and.records must be retained for at least 2 years in a form suitable for inspection. (1) Discharge no visible.emissions.to/-" ; Quarterly reports.shall be postmarked ;' (2) SJsc ah'alternative emission - - - the outside air from any of die'-. . by the 30th day following the end of the control and wasie treatment method operations or from any building-or , ' calendar'quarter. ; ' ' . that has received prior written approval structure in which they am conducted or II. Scciio'n 61.150 is redesignated as by the Administialor. To obtain from any other fugitive sources: or 61.146 and revised to rend as follows: approval for an alternative method, a (2) Use the methods specified by . - written application must be submitted to 3 61.152 to clean emission..1, containing 61.145 Standard for !i,-misting materials. the Administrator demonstrating that particulate asbestos material before/ No owner of dperatbr'of a facility may the.following criteria are.met: they escape to, or are ve/ted to, the' install or reinstall on a facility ' - " '' (i) The alternative methodwill control outside air. / ., - . component.any insulating materials that asbestos emissions equivalent to (3) Monitor each potential source uf:': ' , contain commercial asbestos if the , currently required methods. asbestos emissions from any part of the" materials sie cither meided and friable ' ". (ii) The suitability of the alternative - fabricating facility, including air , - ' or wet-aprdied and friable after drying. /' method for the intended application. cleaning devices, process equipment, . The provisions of this section do not (iii) The alternative method wiil not and buildings that house equipment for apply to spray-applied insulating violate other regulations. materia! processing and handling, at materials regulated under 61.146. (iv) The alternative method will noi leas! once each day. during daylight . 12. Section 61.151 is redesignated as result in mcrcased water pollution, land hours, for visible emissions to the.- 61.149 and is amended by revising pollution, or occupational hazards. outside air during periods of operation. . paragraphs (a), (b), introductory text of (d) When waste is transported by 3 he monitoring shall be by visual (c). (c)(1) (ii) and (iii), and (c)(2), and vehicle to a humoral site: - V J: I LAM 017390 DPMC-11118 Federal Register / VoL 55, Wo. 224 / Tuesday, November 20. 1990 j Rules and Regulations, 48425 (1) Marie vehicles used to transport asbestos-containing waste ma Serial is waste generator within 35 days of the asbestos-containing waste material delivered to the disposal site. - date the waste was accepted by the daring the loading and unloading of the (e) For all asbestos-containing waste initial transporter, contact the . waste so that the signs are visible. The material transported off the facility site: transporter and/or the owner or markings must: (1) "Maintain asbestos'waste shipment .operator bl the-designated disposal site (1) Be displayed in such a manner and records ''ring a form similar to that to determine the status of the waste location that a person can easily read shown in Figure 4, and include the . shipment. the legend. - . --- : ..''.followinginformation: . -~;{3) Report in writing to the local,. . : (ii) Conform to the requirements for 51 : ... . (i) The name, address, and telephone . " State, or EPA Regional-office .": .' ' cm X 30 cm (20 in X 14 in) upright formal signs specified in 29 CFR .1910.145(d)(4) and this paragraph; and (iii) Display the Tolldwihglegencl in..... the lower panel with letter sizes and styles of a visibility at least equal to those specified in this paragraph. number of the waste^enerator. . (ii) The name and address of the local, State, or .EPA Regional agency r responsible for-administering the- - - asbestos NESHAP program. (iii) The quantity of the'asbestos- containing waste material in cubic meters (cubic yards). ... .... .responsible for administering the asbestos NESHAP program for the . .. :" "waste generator if a copy of the waste 'shipment record, signed by the owner or operator of the designated waste disposal site, is not received by the waste generator within 45 days of the date the waste was accepted by the -. -.-(iv) The name and telephone number Initial transporter. Include "in the report "ihegend DANGER ASBESTOS DUST HAZARD CANCER AND -LUNG DISEASE HAZARD Authorized Personnel Only Notation 2.5 cm ft inch) 531131)601. Gothic or 131001 2.5 cm (1 Inch) Sans Serif, Gothic or Biock 1.9 cm PA inch) Sans Serif Gothic or Block 14 Point Gothic .- of the disposal site operator. (v)The name, and physical site location of the disposal site. " (vi) The date transported..................... ....fvii) The name, -address, and telephone number of the transporter(s). :{viii) A certification that the contents - of this consignment are fully and" accurately described by proper shipping name end are classified, packed, .the following information: -(i) A copy of the waste shipment .. record ior which a confirmation of delivery was not received, and (ii) A cover letter signed by the waste generator explaining the efforts'taken to locate the asbestoswaste shipment and the results of those efforts, - - (4) Retain a copy of all waste marked, and labeled, and are "in ah shipment records, including a copy of Spacing between nny two lines must ; respects in proper condition for . . - , the waste shipment record signed by the be a least equal to the height-oj the transport by highway according to :Owner or operator of the designated : upper of the two lines. applicable "international and government waste-disposal site, for-at least 2 years. (2) For off-aite disposal, provide a regulations. (f) Furnish upon request, end make tony of the waste shipment record, (2) For waste shipments where a copy ' available tor inspection by the described in paragraph (e)(1) of this of the waste shipment record, signed by . -Administrator, all records required section, to the disposal site owner or the cwner-or operator-of the designated .under this section. . operator at the same time as the disposal-site,is not received by the . fllLUNG CODE 6M0-5V-.M !i II I I i .5 I l i i 5 LAM 017391 ft. I t l l DPMC-11119 48426 -Federal Register / Vol. 55, No. 224 / Tuesday, November 20, 1900,/ Rules and Regulations i. Work site name ana mailing address Owner's name 2. Operator's name and address 3. Waste disposal site (WDS) name, mailing address, and physical site location 4. Name, and address of responsible, agency. Owner's telephone no. Operator's telephone no. WDS. phone no. 4o-* c0cas:_J. 5. Description of. materials- -- 6.. Containers 7. .Total quantity !io. . Type m3 (yd3) 8. Special handling instructions and additional.: information',. . _ , 9 OPERATOR'S. CERTIFICATION: -!, hereby declare- that the contents of this consignment are. fully and accurately'described above by proper shipping name .and are: classified, packed, marked, 'and 'labeled, .and. are.in, all .. respects: in proper condi tiori. for-transport'by Highway according to applicable international and government regulations. .. Printed/typed name a title ... Signature Month Day Year 10. Transporter .1, (Acknowledgment of receipt of materials) Printed/typed name u title Signature CJ Address and- telephone no. o 1c/1 11. Tra..-porter 2 (Acknowledgment or receipt of materials) j-- Printed/typed name & title Signature Month Day Month-. Day rear Year Address and telephone no. 4c-1; ' ? Discrepancy indication space CO - 13. Waste disposal site 1o-/o1 owner or operator: Certification of. receipt of asbestos materials ..... : - - covered by this- manifest-except as noted.in item'12. (S'. Printeci/typed name & title o Signature Month - Day Year (Con cinued) Figure 4. Waste Shipment Record LAM 017392 DPMC-11120 ... ...; Federal Register / Vo!. 55, No! 224 / Tuesday, November 20, 1990 / Rules and Regulations . 48427 INSTRUCTIONS ' ' -- . V/aste Generator Section (Items 1-9) . ' f 1.Enter the name of the faci I i ty at which, asbestos waste is generated and j : ..." the address' where the faci 1 i ty. i s ..located. Tin the . appropriate spaces, also enter the-name'of the owner "of the faci 1 i ty and the ;'owher's phone \ nc.-riber.. ... ..... : ....... . . 2. ..If a demolition or renovation, enter the name and address of..the company and authorized agent responsible for performing the asbestos removali -. ' In the appropriate spaces, also enterthe phone number o.f.the operator. .3, ) Enter the ^name, .address,. and physicalTsite'/location qf,,the. waste . disposal .site (WDS) that will be receiving the asbestos materials. . In ' the appropriate spaces, 'also' enter''the'phone number of the WDS.- Enter .' ' "on-s'ite" if the waste will be disposed of on the generator's property., - 4. -Provide the name and address of the local, State, or EPA Regional office . .responsible for administering the asbestos NtSHAP program.'-'. ' 5. Indicate the types of asbestos waste materials generated. ' If "froma demolition or renovation, indicate'the amount of asbestos .that is . ' -. Friable asbestos material. . - Nonfriable asbestos material ''. ' : ' :' 6. ' Enter the number of-containers usedto transport the .asbestos materials - listed in item 5. Also enter one of the following container codes used . in transporting each type of asbestos material ,(spedfy any other type of container "used i f not 1 i sted below): . ' '"' ' - -' DM - Metal drums, barrels - - T-..-' - . . DP - Plastic drums, barrels ; -:.d'd BA - .6 mil plastic bags or wrapping ' . T .-' . ' - ,' .- ' ' 7. Enter the quantities of each type of asbestos material removed_in units of cubic meters (cubic yards). 8. Use this space to indicate special transportation, treatment, storage or disposal or Bill of Lading information. If an alternate waste disposal site is designated,'note it here. . Emergency response telephone numbers or similar information may be,included here. 9. The authorized agent of the waste generator must read and then sign . and date this certification. ..The date is'the date of receipt by ' transporter. NOTE: The waste generator must retain a copy of this form. Figure 4. Waste Shipment Record (continued) lam 017393 DPMC-ll121 43423 Federal Register / Vol. 55,-No. 224. / Tuesday, November 20r 1990 / Rules and Regulations Transporter Section (Items 10 & 11). ' . 10. S, 11. - - Enter name, address, and telephone,number of each transporter used, if applicable. Print or type the full name arid-title of .. person accepting responsibility and acknowledging receipt of . materials as listed on this waste shipment record for transport. Enter date of.receipt and signature. . NOTE: The transporter must retain a copy of this form. - Oisnosal Site Section.(Items. 12 & 13). :. . ._ ' ; A 12. The-authorized representative of the W'OS' must note in this space any discrepancy-between waste-described on this manifest.and waste actually - .- received as We 1 V as any improperly-enclosed'or 'contained waste. - Any .- rejected-materials should, be. 1 isted,.and destination of those materials provided.. A site .that converts asbestos-containing waste material to nonasbestos material- is considered, a WDS. . Jne-signaturef (by.JVand) of,'..the,author!zed.WDS,-agent -indicates ;.jv - ' -. 1.- '. : acceptance and 'agreement-with 'statements on. this mani fest; except as - noted'- in-item;. 12.':; The date'-;, is,.the" date- of signature"and'receipt of - shipment..'.... . . .. - -A MOTE': The! WDS- must-..retain a-compieted'copy of-; thi s form.'' The-WQS must:-' - also send a-ccmpleted copy to the operator 1 i sted .in . item 2. Jr t ,-i t ! lam 017394 DPMC-11122  ;- Federal Register./ Vol. 55, No." 224 / Tuesday,: November'20, '1990 / Rules and Regulations . .- 48429 13. Section 61.152 is redesignated as before they escape to, or are vented to, - 61.150 and is revised to read as .. : the outside air. - follows: : (3) For facilities demolished where the RACM is not removed prior to 61.150 Standard (or waste disposal for manufacturing, fabricating, demolition, renovation, and spraying operations. demolition according to 61.145(c)(1) (i), (ii), (iii), and (iv) or for facilities demolished according to 61.145(c)(9), Each owner or operator of any source adequately wet asbestos-containing - covered under the provisions of .- waste material at all times after -` . 61.144,' 61.145, 61.146, and 61.147 shall ' demolition and keep wet during comply .with the following provisions'. ... handling and loading for transport to a (a) Discharge no visible emissions to' f disposal site. Asbestos-containing was! . the outside air during the collection,'. 'niaterials'covered by this paragraph do processing (including incineration), not have to be sealed in leak-tight . packaging, or transporting of any containers or wrapping but may be asbestos-containing waste material transported arid disposed of in bulk. generated by the source, or lise one of .. .' (4) Use an alternative emission . the emission control and waste. control'and waste treatment method - : treatment methods specified in - that has received prior approval,by the paragraphs (a) (1) through (4) of tills Administrator according to the . section. procedure described in 61.149(c)(2). (1) Adequately wet asbestoscontaining waste material as follows: (5) As "applied to demolition and renovation, the requirements of ` (1) Mix control device asbestos waste paragraph (a) of this section do not to form a slurry; adequately wet other apply to Category I nonfriable ACM asbestos-containing waste material; and waste and Category II nonfriable ACM (ii) Discharge no visible emissions to waste that did not become crumbled, the outside air from collection, mixing, pulverized, or reduced to powder. wetting, and handling operations,' or use (b) All asbestos-containing waste the methods specified by 61.152 to .- material shall be desposited as soon as clean emissions containing particulate is practical by the waste generator at: asbestos material before they escape to, (1) A waste disposal site operated in' or arc vented to, the outside air; and accordance with the provisions of , .'(iii) After wetting, sen! all asbestos- 61.1 ST. or ' ; coniaining waste material in leak-tight (2) An EPA-approved site that containers while wet; or, for materials ..converts RACM and asbestos- ... . that Will riol fit into containers,without ^containing vvaste-material into ; additional breaking! put materials into/.'-; " nonasbestos (asbestos-free) material -' leak-tight wrapping; and - - '' according to the provisions of 61.155. (iv) Label the containers or wrapped (3) The requirements of paragraph (bj .materials specified in paragraph . . of this section do not apply to Category (a)(1)(iii) of this section using warning nonfriable ACM that is not RACM. labels specified by Occupational Safety (c) Mark vehicles used to transport and i ieaith Standards of the Department asbestos-containing waste material , of Labor, Occupational Safety and during the loading and unloading of Health Administration (OSHA) under 29 waste so that the signs are visible. The CEP, 1910.1001(j)(2) orl926.58(k)(2)(iii). markings must conform to the The labels shall be printed in letters of requirements of 61.149(d)(1) (i), (ii), sufficient size and contrast so as to be and (iii). readily visible and legible. (d) For all asbestos-containing waste (v) For asbestos-containing waste material transported off the facility site materia! to be transported off the facility . - (1) Maintain waste shipment records, site, label containers or wrapped using a form similar to that shown in materials with the name of the waste Figure 4, and include the following generator and the location at which the information: . waste was generated. (i) The name, address, and telephone (2) Process asbestos-containing waste number of the waste generator. material into nonfriable forms as (ii) The name and address of the loca follows: Slate, or EPA Regional office (i) Form all asbestos-containing waste responsible for administering the material into nonfriable pellets or other asbestos NESHAP program. shapes; (iii) The approximate quantity in cubi (ii) Discharge no visible emissions to meters (cubic yards). the outside air from collection and (iv) The name and telephone number p:ccessing operations, including of ibe disposal site operator. incine'ation, or use the method specified (v) The name and physical site by 0L152 to clean emissions location of the disposal site. containing pariiculafe asbestos materia! (vi) The date transported. (vii) The name, address, and -. . telephone number of the transporter(s). (viii) A certification that the contents of thisconsignment are fully and . accurately described by proper shipping name and are classified, packed, marked, and labeled, and are in all respects in'proper condition for .' transport by highwav according to ; -: -: applicable international and government regulations. a" - \ (2) Provide a copy of the waste "shipment record, described in'paragraph (d)(1) of this'section, to the disposal site owners or operators at the same time as the asbestos-containing waste material is delivered to the disposal site. - < (3) For waste shipments where a copy of the waste shipment record, signed by the owner or operator of the designated disposal site, is not received by the waste generator within 35 days of the .date the waste was accepted by the initial transporter, contact the transporter and/or the owner or operator of the designated disposal site to determine the status of the waste shipment. . . . ' (4) Report in writing to the local, State, or EPA Regional office ' ' / responsible for administering the asbestos NESHAP program for the waste generator if a copy of the waste ' shipment record, signed by the`owner or operator of the designated waste ' disposal site, is not received by the . waste generator within 45 days of the : .date the waste was accepted by'the initial transporter. Include in the report the following information: ;. (i) A copy of the wasle shipment record for which a confirmation of delivery was not received, and (ii) A cover letter signed by the waste generator explaining the efforts taken to locate the asbestos waste shipment and the results of those efforts. - (5) Retain a copy of all waste shipment records, including a copy of the waste shipment record signed by the owner or operator of ihe designated waste disposal site, for at least 2 years, '(e) Furnish upon request, and make available for inspection by the Administrator, all records required under this section. 14. Section 61.153 is redesignated as 61.151 and is amended by revising the introductory text, paragraphs (a)(2), (a)(4), and (b)(3), and adding paragraphs (d) and (e) to read as follows: 61.151 Standard for inactive waste disposal sites fer asbestos mills end manufacturing and lubricating operations. Each owner or operator of any inactive waste disposal site that was operated by sources covered under LAM 017395 DPMC-11123 4S43Q Federal Register / Vol. 55, No, 224 / Tuesday, November 20, 1990 / Rules and Regulations- i? 61.142,61.144, or 61.147 and received' storage, transport, and ultimate disposal .. Administrator's satisfaction that it is deposits of asbestod-containing waste ~ of tlie excavated asbestos:containing. equivalent to the described equipment in mater'- i generated by the sources, shall: waste materia!. If deemed necessary, the filtering particulate asbestos material. - (a) ` . V .. Administrator may require changes in. . 16 Section 61.155 is redesignated as (?.) Cover tlie asbestos-containing the emission control procedures to be - 61.153 and amended by redesigns ting , ; waste material with at least 15 - used.- - paragraphs (a)(3) and (a)(4J as . centimeters [G inches) of compacted (4) Location of any temporary storage paragraphs (a)(4) and (a)(5), . .-, nonasbestos-conlainingmaterial, and site and the final disposal site, - respectively, revising the introductory ; grow and maintain a cover of vegetation (e) Within 63 days of a site becoming text of paragraphs (a), (a)(4). and (a)(5) . -on the area adequate to prevent inactive and after the effective date of. and revising paragraphs (a)(2), (a)(4](fi) ' exposure of the asbestos-containing this subpart, record, in accordance with and (riij, and (b), and adding paragraph -waste material. In desert areas where, State law, a notation on the deed to.the (a)(3) to read as follows: i vegetation would be difficult to . facility property and c-n any other .- maintain, atleast8 additional.. instrument that yrould normally be' ... 61.153 Reportincf. . centimeters (3 inches) of well-graded, examined during a title search; this (a) Any new source to which this nonasbestos criished rock may be ' ' nctationwill in perpetuity notify any- subpart applies (with the exception of 1 placed on top of the final covex instead -.: potential purchaser of tire property that: sources subject to 61.143, 61.146, end of vcgelalion and roaintaihed to prevent, (1) The land has been used for the 61.143), which has an initial startup date emissions; or- -d . - dispcsalpf asbestbs-contaiuLng waste , preceding the effective date of this - *' - * ^ -* ;'Y-k * - ;. -- .V material; ' . -. - (.' m revision, shalfprovide the-folfowir.g . (4) For inactive waste disposal sites fur asbestos tailings, a resinous or . petroleum- based dust suppression agent - that effectively binds dust to control '; - surface air emissions may be used - instead of the methods ii paragraphs (a) ' (i), )2), acd (3) of t)i& section. Use-the, k; agent in the manuer"and frequency-. - A reconimended. for the particular-:xi ' .. ..' 'asbesto's'tailings by the manufacturer of . the dust suppres.sionagent to achieve-., and maintain dust.controL Obtain prior . written approval of the Administrator to use other equally effective dust . . suppression agents. For purposes c.f this . paragraph; any used, spent, or other.:- waste oil is not considered a dust (2) The survey plot and record of the location and quantity of asbestos- containing waste disposed orw ithin the. disposal site requircd in 61..155(f) have, been filed.with the Administrator;'tud (3) The site is subject to 40 CFR part : 6X, subparl M..: - \. :(vii)' * * .i 15, Section 61.154 Is redesignated as ' 61.152 and amended by removing, f -. paragraph fa)fl)[i};Xcdesigriatm^ji'-.;i paragraphs (a)[l)[ii)-[fv]''as'pafagrapha - (a){l)(iHiii), redesignating paragraph i - (h)(2) as paragraph (b)fo), revising the- introductory, text of paragraph (a) and . paragraphs (b)(1) and (b)(3), and adding paragraphs (a)(3) and (b)(2) to read as;. , follows: . . ; :. . information to the Administrator postmarked or delivered within 90 days of the effective date. In the case of a new source that docs not have an initial. startup date preceding the.effective date, the information s?:a!} be provided, . postmarked or delivered, within CO days of the initial startup date. Any owner or' operator of an existing source shall.. . provide the-following information to ih;: Administrator within 90 days'of theeffcctive date of this subpart unless the owner or operator of the existing source has previously provided this information to the Administrator. Any changes in the information provided by s::y existing source shall be provided to the . suppression agent......... 5 SI.152. Air loaning.', : f . . . I .Administrator, postmarked or delivered, : -U>) ' * * (a) The owner or operator who uses'. within 30 days after the change.' (3) When requesting a determination air cleaning; as specified in 61.142(a), * *..*'.* *- oil v/h ether a natural barrier adequately deicis public access, supply information enabling the Administrator to determine whether a fence or a nature! barrier . adequately detei3 access by the general' public. . 61.144(b)(2), 65,145[c)(3}(i)(B}(i),- 61.145(c)(4);ii), 6I.145(c)(.'l)(iJ. Cl.116(b)(2), 61.147(b)(2), Gl.i4-.5fo}, 61.149{c)(l)[ii). 61.150{a)(l}(>i>, 61.15'J(a](2){i;),'and 61.153(e) sfcait ' (2) If a fabric filter device is used to control emissions, (i)The airflow permeability in m7/ min/.m- (ft'/min/ft'J if the fabric.filter device uses a woven fabric, and, if the fabric is synthetic, whether the fill yam (3) For fabric filter collection devices - is spmi or not span; and. : - (ii) Notify tba Administrator in writing installed after-January 10, 1939, provide' (ii) if the fabric filter device uses a at least 45 cays prior to excavating or ' for easy inspection for faulty bags. . felted fabric, the density in g/ms (ox/ otherwise disturbing any asbestos- . lb) " ' * yd2), the minimum thickness in -. containing waste material that has been , . (!) After January. 10, l&*s?t if the use of : millimeters (inches), and the airflow deposited at a waste disposal site under fabric creates a fire or explosion hazard, permeabilrtv fr. m3/mhi/niz (fl3/mhi/ this section, and follow the procedures - or the Administrator determines that s ft3)-. ' , specified in the notification. If the -. ' ... . fabric filter is not feasible, the' ; 7 (3) Ira HEPA fitter is used (oconivol . excavation, will begin 6a a date other; Adminisirator'may authoriz'd as a I "3 emissions, the certified efficiency.'. " taan the one contained in the original. '. notice, notice of the new start date must be provided to the'Administrator at substitute the use-of rvot collectors designed to operate with a unit; , ' 'contacting energy 'of at least 9.S5 (4) For sources subject to 5 61.349 .-a..' 61.150: least rr; working days before excavation begins anti in no event shall excavation begin earlier than the date specified in the original notification. Include the following information in the notice: (1) Scijedti'cd starting and completion - kiiopascals (40 inches v.ate; gage ' pressure). ' (2) Use a KF.I'A filter that is certified to be at least V/;.b7 percent efficient for 0.3 micron pa.'' dim. (3) The Adr, istraterr may authorize ' .. (ii) Tlie average volume of nt.bv.stcvconteining waste materia! disposed of, measured in nr'/day (yd3/\:uy}; and (iii)Thc emission Centro! methods used hr all s`u of vras'-o riisnovil; v,r.-l ciaics. ; . - (2) Reason for disturbing the waste. ' (3) Procedures to be used to control the use of filter u.-g equipment other than descnljid in paragraphs (a)(1) and (b)(1) and (2) of this section if the owner or (5) For source-.; subject to 61.1.53 arid 61.154: emissions during the- exr-ivatioir. operator dfmr-jnstraio:- to the ii i i LAM 017396 DPMC-11124 ; Federal Register / -VoL 55,-No. 224 ,/ Tuosday. November .20. 3990 .'/ .Rules and Regulations (b) The information required by - . (ii) The name, address, arid telephone (jfNetify the Administrator in-writing - paragraph (a) of.this section must r ... number of the transporler(s):... : ....- 7.--.' . at least 45 days prior ta excavating or ." - accompany: theiinformation required by. . (iii) Thaquantity of theasbestoa- 7: otherwise disturbing any asbestos- . 7 61.10. Active waste disposal sites .... containing waste material in cubic -c ; ,. containing waste materia! that has been subject to 61.154 shall also comply . meters (cubic yards}.: t > 7 - deposited at a waste disposal site, and is with this provision. Roadways, : ,, (iv) The presence of improperly - covered.If the excavation will begin on . demolition and renovation, spraying, .-;,'u - enclosed or uncovered waste, or any ~c -7 a date other than the one contained'in' 7 and insulating materials are exempted : asbeslosfcoutainihg waste material not _ the original notice, notice of the new . from the requirements of 61.10(a)-The.: sealed in lead-tight containers'-Report in - start date must be provided to the.-.. " ;V ; information, described in this section-77 - writing tc the local,State, or EPA 7.i Administrator at least 10 v/orkfng days .must be reported using the format of _ .-Regional.officeresponsibleJor before excavation begins and in no . - Appendix. Ajof. this part as a'guide-. 7-, administering th?'as6estosl'JESHAP. h.-.: event shall excavation begurearlier than . . 17. Section 61J.56 is redesignated as' - . program forthe wastegenerafor;: 7- ' the date specified irithe original . ' 7: 61.154 and amended by revising the - (identified in the waste shipment 7. - notification. Include the following introductory text of 61.154, paragraphs record), and, if different, the local. State, information in the notice: - . -' - : (c) and (d), and adding paragraphs (e). or EPA Regional office responsible for - (1) Scheduled starting and completion through (j) to read as follows: .. administering the asbestos NESHAP ; dates. ' : .77,.:. .; 6T.154 . Standard for active waste disposal sites.: - : Each owner or operator of an active 7' ' waste, disposal site that receives ,,7 - asbestos-coctauiing-waste material from a source covered unde: 61.149,61.150, or 61.155 shall meet the .requirements-of this section:. .... .' .'. . . .. * ' * '.''V i' *. j '' . program for thndisposal site,-by the u - following;working day, the presence of a' -.significant amount of improperly 7. enclosed or uncovered waste. Submit a-.7 copy of the waste shipment record along . with the.report- .- , -. . (v) The date of the receipt. : . (2) As soon as possible and no longer . than 30 days after receipt of the waste, (2) Reason for disturbing the vraste.. 7-.' (3) Procedures to be used to control; emfssfohsduring the excavation,'. ` storage, transport, and ultimate disposal, of the excavated asbestos-containing . waste material.. If deemed necessary, the Administrator may require changes in ' the emission control procedures, to be .. used. 7 . - ... .:.' - .-. ' send a cop>y of the signed waste-7 7 (c) Rather than meet the no visible .. . shipment record, to the waste generator. emission requirement ofparagraph (a) of . (3) Upon discovering a.discrepancy ; tins section, at the end of each operating : between the quantity of waste ; . -7 ,. day, or al least once every 24-hauri ; '.designated on the waste shipment (4) Location of any temporary storage site and the final disposal site. : . '- 13. Section 61.155 is added to .subpart M to read as follows:' .-.7 .period while the site is in continuous operation, the asbestos-containing hi , . . records and the quantity'actually received- attempt to reconcile the - . 31.155 : Standard for operations that . convert asbestd-containir.g'.waste material waste mr'.irial that has been deposited at the site during the operating day or previous 24-hour period shall: .. (1) Ee-coueiedwilh at least 15 .- ..." centimeters'. (3 fncheS}.of compacted.;7 'nonasbestps-containing. material, or" ' (2) He covered with a resinous or : . discrepancy with the. waste, generator. If. the discrepancy Is not resolved within' v ,15 days after recaivlngthe waste, . immediately report in writing to the . ... - .local, State,-orEPA Regional-office;-1':.'-'! ; responsible for administering the- '... : Into nor.asbestos (asbestos-tree) material . '. Each owner or operator of an " 'f operation that converts P.ACM and - asbestos-containingWaste material inter ; no'nasbestoa (asbestos-free)material'.----' " sha-i: ' / - . . -. - - - petroleum-based dust suppression agent that effectively binds dust End-controls' wind erosion. Such an agent shall be 7 7' used in the manner and frequency. ' f .recommended for the particular dust by : asbestos NESHAP program forthe"' waste generator (identified'in the waste shipment recotdf, aad.ifidifferent.the ;` local. State, orEPA Regional office responsible for administering the : ; (a) Obtain the prior written approval of the Administrator to construct the - . facility. To obtain approval, the owner " o: operator shall provide the - '* - Administrator with the-following the dust suppression agent manufacturer asbestos NESHAP program for the in formation: to achieve and maintain dust control. disposal site. Describe the discrepancy . . (ljApplication toconstract piusuant Oilier equally- effective dust suppression - and attempts to reconcile it, and submit to 61.07. ' - c- 7 y agents may be used upon prior approval a copy of the waste shipment record - . by the Administrator. Forpurposes of . along with the report. 1 -1 .- this paragraph, any used, spent, or other (;} Retain a copy of all records, and waste oil is not considered a dust 7 " reports required'by .this paragraph for at suppression agent. .' ; : least 2 years... : . (d) Rather than meet the no visible .. (f) Maintain, until closure, records of emission requirement of paragraph {a} of the location, depth and area, and this section, use an alternative quantity hi cubic meters (cubic yards) of emissions control method that has asbestos-containing waste materia! (2) In addition to the information requirements'of 61.07(b)(3), a . f (i) Description of waste feed handling and temporary storage- pi] Description of process operating, conditions. (iiij Description of the. handling anti tearporary storage of the end product. received prior written approval by the within the disposal site on a map or (iv) Description c the protocol to be Administrator according to the diagram of the disposal area. followed when analyzing output procedures described in fil.KS-o))?.}. (g) Upon closure, comply with all tire materials by transmission electron (n) For all asbestos-containing waste provisions of 5 61.151. microscopy. material received, the owner or operator (h) Submit to the Administraior, upon (3) Performance test protocol, of tiie active waste disposal site shalb rirvvjro of the facility, a copy of records including provisions for obtaining (!) Maintain -waste shipment records, of asbestos waste disposal locations information required under paragraph. using a form similar to that shown in and quantities. (b) of this section. figure 4. and include the following (;) Furnish upon request, and make (4) The Administrator may require information: available during normal business hours that a demonstration of the process be (i) The name, address, and telephone for inspection by the Administrator, all performed prior to approval of the number of the waste generator. records required under this section. application to construct. LAM 017397 DPMC-1112 48432 Federal Register /.Vol; 55, No.: 224 / Tuesday, November .20, 1S90 / Rules and Regulations (b) Conduct a start-up performance of as asbestos-containing waste name end location of the purchaser or test. Test results shall include: material according to 61.150. disposal site to which the output ft) A detailed description of the types (d) After the initial SJ0 days of materials were sold or deposited, and and quantities of nonasbestos material, opn con, . the date of sale or disposal. RACM, and asbestos-containing waste (1) Continuously monitor and recoid ('/) Retain records required by material processed, e.g., asbestos the operating parameters identified paragraph (f) of this section for al least 2 cement products, friable asbestos during slarl-up performance testing and years. insulation, plaster, wood, plastic, wire, any subsequent performance testing. (g) Submit the following reports to the etc. Test feed is to include the full range Any output produced during a period of Administrator: of materials that will be encountered in deviation from the range of operating (1) A report for each analysis of actual operation of the process. . conditions established to ensure the pioduct composite samples performed .-(2) Results of analyses, using production of nonasuestos (asbestos- during the initial 90 days of operation. polarized light microscopy, that free) output materials shall be: . . (2) A quaricrly report, including the document the asbestos conlenl of the . (1) Disposed of as asbestos-containing following information concerning wastes processed. . . . waste material according to 61.150, or activities during each consecutive 3-. (J) Results of analyses, using ; - (ii) Recycled as waste feed during month period: transmission electron microscopy, that process operation within the established (i) Results of analyses of monthly document that.the output materials are range of operating conditions, or '- product composite samples. free of asbestos. Samples for analysis - : (iii) Stored temporarily on-site in a', are to be collected as 6-hour composite - leak-tight container until analyzed for ; samples (one 200;gfam (7-ounce) sample asbestos content. Any product material per hour), beginning with the initial that is not asbestos-free shall be either introduction of RACM or asbestos- disposed of as asbestos-containing containing waste materia! and wasle material or recycled as waste continuing until the end of the performance test. ' " ' -. . :; (4) A description of operating. parameters, such as temperature and residence time, defining true fu'l range ' over which fhs process is.expccted to operate to produce'honasbeslbs ' > "' (asbestos-fret:) materials. Specify the lijiiits for each operating parameter '. iiiur, which the process will produce lionasbestos (asbestos-free) materials. (5) The length of the test. ; (c) During the initial SO days of operation,- . (1) Continuously monitor hud log the operating parnmeteis identified during start up performance tests that are feed to the process. '. ;v. - (2) Collect and analyze monthly ` t' composite.'samples (one 200-giam (7-v--. ounce) sample collected every 8 hours of operation) of the output material.-' Transmission electron microscopy shall : be used to analyze the output material for the presence of asbestos. (e) Discharge no visible emissions io the outside air from any part of the ' operation, or use the methods specified by 65.152 to dean emissions. . .. containing particulate asbestos material before they escape to, or are vented to, the outside air. (f) Maintain records on-site and intended to ensure tl.e production of include the f- towing information: ncmesbestos (r bentos-free) output (1) Results of start-up performance material. lasting and a!! subse quent performance (2) Monitor input materials to ensure testing, including operating parameters, that they are consistent with the test feed characteristic, and analyses of feed materials described during start-up ouluut materials. performance tests in paragraph (b)(1) of (2) Results of the composite analyses tins section. required during lire initial GO days of ' ' (3) Collect and analyze samples, taken , operation under 6'i..155(c). . as 10-day compos:te samples (one 200-, (3) Results o( the monthly composite (ii) A description of any deviation from the operating parameters established during performance testi; - the duration of the deviation, and sb.: taken tc correct ilia deviation. (iii) Disposition of any product produced during a period of deviation, including whether it was recycled,, disposed of as asbestos-containing - waste material, or stored temporarily oii-site until analyzed for asbestos conlent. 1... , -. (iv) The information on waste ' T " ` disposal activities as required in 5 01..151(f).' `' (h) Nonasbestos (ashes!os-frec) output- material is not subject in any of the piovicioi.c of this subpart. Out; nt materia!" in which asbestos is detected, or ou-tpui materia!? pioc'uced when `he operating parameter, s deviated ioitt those established during the start-up performance testing, unless shown by' TEM analysis io be as'i-estos-free, shall bu considered to be asbestos-cmdaining wasle sad shall be hand'tcl arul disposed of according 61..150 end Cl.154 or reprocessed wldte all of the established cpcaikty p.'uvmeb.'is are being met. Is. Section 6M.5C is added to stibpart >! to read as follows: .... ;;~nm (7-ounce) sample collected every 3 analyses required under 61.155(d). hours of operation) of all output materia! (4) Results of continuous monitoring SS1.15S C:us..-.-ete:t-oce io eviu;' as'aes'oe t eg.. ~ ns. for the presence of asbestos. Composite and logs of process operating In addition to tills su'npr.rt, the samples may be for fewer than 10 days. parameters required under 81.155 (c) regulations referenced in Tabic 1 also Transmission electron microscopy and (d): . - apply to asbestos end may be applicable (T !) shall be used to analyze the - - ' - (5) The information on waste' to those sources specified in 61.142 output materia! fur the presence of shipments received as required in through 01.151, 61.151, and 81.155 of tins asbestos. During the initial 00-day i 01.154(e). .. rubpart. Titese cross-references are period, all output rnnleriais'riuutt be (6) For output materials where no presented for the reader's info'irishon - stored on site until analysis shows (he analyses were performed to determine and to pi'ornu'c compliance with the ' material to he asbestos-free or disposed the presence of asbestos, record the cited regulations. LAM 017398 DPMC-11126  .Federal Register y .Vol. 55, No. 224 / Tuesday,` November'20, 1990 /-Rules a:itf Regulations -48433 .20. Section 61.157 is added to subpart . contained in paragraph (b) of this M to read as follows: . . ' - - '.section shall be retained by the 61.157 Delegation ot authority. Administrator and not transferred to a '. '.State. . ' ' ' .' (a) In delegating implementation and ' (b) An ...critics that will not be .. '. enforcement authority to a State under- V "delegated to States:' -- ' j ~ " -1 section 112(d) of the Act, the authorities (I) Section 61.149(c)(2) . (2) Section 61.150(a)(4) (3) Section 61.151(c) (4) Section 61.152(h)(3) (5) Section 61.154(d) (0) Section 01.155(a). ... .. ; . [FF. Duel GJ -20335 Filed 11-13-00; 8:45 am) PiULItN* CO;/-. 6U6-S-56-M .-Table "-1 .-`Cross-R/efer ence t.o.. Othe; r Asbestos Regulations - Agency CFR citation Con Trent CPA OSHA MSHA . COT . 40 CFR 763, Subpsrl E, F .... .................................................................. Requires schco's to inspect for asbestos and implement response actions and - submit asbestos management plans to Sta'cs. SpeciFes use of accredited .... . inspects, eir sampling roal.NxIs, < rid waste disposal proceduios. 40 CFR 427..................: .... ;...... .............. ....................................... Ef/luenl standards (or asbestos manufacturing soured categories. ' -> A0 CFR 763, Subpart G ....;....... ........... i............. ....... ........................ . Protects public employees perto*ming esbestes abatement work in Slates not .- covered by OSHA asbestos standard. ; 29 CFR 1910.1001.... ... .... .............. .................................................. . Worker protection measures--engineering controls, worker training, labeling, respi ratory protection, bagging of waste, 0.2 1/cc permissible exposure level. 29 CFR 1926.56......................................................................................... Worker protection measures tor all consti notion wcik involving asbestos, ireludmg . - demolition and renovation---work practices, worker training, bagging of waste, 0 2 f/cc permissible exposure level. 30 CFR 66. Subpart D..... ......................................................................... Specilius exposures limits, enginoaiing controls, and respiratory protection meas ures for workers in surface mines. 30 CFR 57,.Subp3rt D__ ................................. ...............:................... Species exposure limits, engineering controls, and respiratory protection measures tor workers in underground mines. 49 CFR 171 and 172....... ......................... .3................... :.................. . Regulates the transportation of a^bealos-conla'ning waste material. Requires waste - containment and shipping papers. LAM 017399 DPMC-11127 // , ' -KL 1J Cj ?v vCj cy V o, l'\ (a y\ LAM 017369 D PM C 11097.1