Document gaqLrqj4VMqqbJmrnZnLnDYv3
Federal Register / Vol. 51. No. 119 / Friday. June 20, 1966 / Rules and Regulations
2225?
"Renovation" means the modifying of f (0) Requirements for asbestos
any existing structure, or portion
removal, demolition, and renovation
thereof, where exposure to airborne
operations, (i) Wherever feasible, the
asbestos, tremolite. anthophyllile.
employer shall establish negative-
actinohte may result.
pressure enclosures before commencing
"Repair" means overhauling. .
removal, demolition, and renovation
rebuilding, reconstructing, or
operations.
reconditioning of structures or
w""(fi) The employer shall designate a
substrates where asbestos, tremolite,
competent person to perform or
anthophyliite.or actinolite is present.
supervise the following duties:
'Tremolite. anthophyllile and
(A) Set up the enclosure:
actinolite" means the non-asbestos form
(B) Ensure the integrity of the
of these minerals, and any of these
enclosure:
minerals that have been chemically
(C) Control entry to and exit from the
treated and/or altered.
enclosure:
(c) Permissible exposure limit (PEL).
(D) Supervise all employee exposure
The employer shall ensure that no
monitoring required by this section:
employee is exposed to am airborne
(E) Ensure that employees working
concentration of asbestos, tremolite.
within the enclosure wear protective
anthophyllile. actinolite. or a
clothing and respirators as required by
combination of these minerals in excess paragraphs (i) and (h) of this section
of 0.2 fiber per cubic ce'ntimeter of air as and:
an eight [8) hour time-weighted average
(F) Ensure thal employees are trained
(TWA), as determined by the method
in (he use of engineering controls, work
prescribed in Appendix A of this
practices, and personal protective
section, or by an equivalent method.
equipment:
(a) Communication among employers.
(G) Ensure that employees use the
On mulri-employer worksites, an
hygiene facilities and observe the
employer performing asbestos, tremolite. decontamination procedures specified in
anthophyllile. or actinolite work requiring the establishment of a regulated area shall inform other employers on the site of the nature of
paragraph (j) of this section: and (H) Ensure that engineering controls
are functioning properly. (lii) In addition to the qualifications
the employer's work with asbestos, tremolite. anthophyllile. or actinolite and of 'Jip existence of and requirements pertaining la regulated areas.
(e) Regulated tneos--(1) General. The employer s..ill e-.labhsh a regulated
specified in paragraph (b) of this section, the competent person shall be trained in all aspects of asbestos, tremolite. anthophyllile. or actinoiile abatement, the contents of this standard, the identification of asbestos,
area in work titans where airborne
tremolite. anthophyllite. or actinolite
concentrations of asbestos, tremolite. anthophyllile. actinolite. or a combination of these minerals exceed or can reasonably be expected to exceed the permissible exposure limit prescribed in paragraph (c) of this section.
(2) Demarcation The regulated area shall be demarcated in any maimer that minimizes the number of persons within the area and protects persons outside the area from exposure to airborne ~ -
and their removal procedures, and other practices for reducing the hazard. Such training shall be obtained in a comprehensive course, such as a course conducted by an EPA Asbestos Training Center, or an equivalent course.
(iv) Exception: For small-scale, shortduration operations, such as pipe repair, valve replacement, installing electrical conduits, installing or removing drywall. roofing, and other general building maintenance or renovation, the
concentrations of asbestos, tremolite. anthophyllite. actinoiile. or a combination of these minerals in excess of the permissible exposure limit.
employer is not required to comply with the requirements of paragraph (e)(6) of this section.
(f) Exposure monitoring--(1) General.
(3) Access. Acoear. to regulated areas shall be limited.to authorized persons or to persons authorized by the Act or regulations issued pursuant thereto.
(4) Respirators. All persons entering a
(i) Each employer who has a workplace or work operation covered by this standard shall perform monitoring to determine accurately the airborne concentrations of asbestos, tremolite.
regulated area shall "be supplied with a respirator, selected in accordance with paragraph (h)(2) of this section.
anthophyllite. actinolite or a combination of these minerals to which employees may be exposed.
(5) Prohibited activities. The employer shall ensure thal employees do not eat. drink, smoke, chew tobecco or gum. or apply cosmetics in the regulated area.
(ii) Determinations of employee exposure shall be made from breathing zone air samples that are representative of the 8-hour TWA of each employee.
(iii) Representative 8-hour TWA
employee exposure shall be determined on the basis of one or more samples representing full-shift exposure for employees in each work area.
(2) initial monitoring, (i) Each employer who has a workplace or work operation covered by this standard,
except as provided for in paragraphs (f)(2)(u) and (f)(2)(iii) of this section, shall perform initial monitoring at the initiation of each asbestos, tremolite. anthophyllite. actinolite job to accurately determine the airborne concentrations of asbestos, tremolite.
anthophyllite. or actinolite to which employees may be exposed.
(ii) The employer may demonstrate that employee exposures are below the action level by means of objective data demonstrating that the product or material containing asbestos, tremolite. anthophyllite. actinolite. or a combination of these minerals cannot release airborne fibers in concentrations exceeding the action level under those work conditions having the greatest potential for releasing asbestos, tremolite, anthophyllite. or actinohte.
(iii) Where the employer has monitored each asbestos, tremolite. anthophyllite. or actinolite job. and the data were obtained during work operations conducted under workplace conditions closely resembling the processes, type of material control methods, work practices, and environmental conditions used and
prevailing in the employer's current operations, the employer may rely on
such earlier monitoring results to satisfy the requirements of paragraph (f)(2)(i) of this section.
(3) Periodic monitoring within regulated areas. The employer shall conduct daily monitoring that is representative of the exposure of each employee who is assigned to work within a regulated area. Exception: When all employees within a regulated area are equipped with supplied-air respirators operated in the positivepressure mode, the employer may dispense with the daily monitoring required by this paragraph.
(4) Termination ofmonitoring. If the periodic monitoring required by paragraph (f)(3) of this section reveals that employee exposures, as indicated by statistically reliable measurements, are below the action level, the employer may discontinue monitoring for those employees whose exposures are represented by such monitoring.
(5) Method of monitoring, (i) All samples taken to satisfy the monitoring requirements of paragraph (f) of this section shall be personal samples
l PLAINTIFF'S EXHIBIT
UC-171S
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BRG 0732
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INTERNAL CORRESPONDENCE
excellence through quality
UNION CARBIDE CORPORATION p.o sox 936i, southchapleston.wv 25303
investment recovery department
R To (Name] W. Lasher O.V.S.OT, Solvents & Coatings Materials Location DANBURY K4462
Area
Copy to
August 29, 1990 ,-,..llr,gCoci
Asbestos Removal at Brownsville
Dear Mr. Lasher:
Thought you might be interested in paragraph (6), page 22757 (attached) of Federal Register concerning removal of asbestos and "feasibility". At the June 6 meeting you said it was decided negative pressure enclosures are not needed at Brownsville. I assume Mark Tapp concurred that it was not feasible to build enclosures. Jack Dermit, however, also indicated they were required.
If there is any change in your position, please call me by September 7.
Very truly yours.
J. H. Smith Project Manager - Southern Region
JHS/lkw/0246L
Attachment
cc: Belia Cortez'-''BfbWhsville, TXi Mark Tapp --League City, TX
P. S. We have required negative pressure enclosures at Seadrift, Texas City and Ponce on recent dismantlements.
BRG 0731