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EPQ} ^.et^vgn TJ~ Ccu^rLAo^ ST WOV ^(7- TOi^ Tuesday November 20, 1990 PLAINTIFF'S EXHIBIT Part III Environmental Protection Agency 40 CFR Part 61 National Emlaalon Standards for Hazardous Air Pollutants; Asbestos NESHAP Revision; Final Rule % Federal Register / Vol. 55. No. 224 / Tuesday, November 20. 1990 / Rules and Regulations 48407 delivered to the waste disposal site. If a copy of the WSR signed by the waste site owner or operator is not received within 35 days of the date the waste was accepted by the initial transporter, the revisions direct the waste generator to contact the transporter and/or disposal site owner or operator to determine the status of the waste shipment The revisions further direct the waste generator to submit an exception report to EPA if a signed copy of the WSR is not received within 45 days of the date the waste was accepted by the initial transporter. Labels are required on containers of asbestos-containing waste material from manufacturing, fabricating. demolition and renovation activities indicating the name of the waste generator end the location where the waste was generated. Inactive Waste Disposal Sites The revisions require the owner or operator of an inactive waste disposal site lor 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 and to record on the deed to die 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 location and quantity of such waste material are on file with the Administrator. Active Waste Disposal Sites The revisions require the owner or operator of an active waste disposal site to maintain WSRs and report in writing the receipt of a significant amount of improperly enclosed or uncovered waste to EPA by the following working day. The owner or operator of an active waste disposal site is required by the revisions promulgated today to send a signed copy of the WSR back to the waste generator no more than 30 days after receipt of the waste, to attempt to reconcile any discrepancy between the quantity given on the WSR and the quantity actually received and. failing to do so within 15 days after receiving the waste, to report the discrepancy and any attempts to reconcile it to the Administrator. The revisions promulgated today also require the owner or operator of an active disposal site to maintain records of the location, depth and area, and volume of asbestoscontaining waste material within the disposal site on a map or diagram of the disposal area. Upon closure, the owner or operator must comply with ell the rules promulgated for inactive waste disposal sites. A revision requires the owner or operator of an active waste disposal site to notify the Administrator in writing prior to excavating or otherwise disturbing acbestosenntaining waste material that has been deposited at the disposal site and covered. Asbestos Conversion Processes A section is promulgated to clarify that operations that convert asbestoecontaining waste material into nonasbestoa (asbestos-free) material are covered by the NESHAP. The provisions promulgated require the owner or operator of such an operation to obtain prior written approved of the Administrator to construct the facility, and conduct a start-up performance teat using specified analytical methods and procedures. Requirements for continuous monitoring during and after the initial 90 days of operation, emissions control, maintenance of records of test results on sits, and reports to the Administrator are also promulgated today. 11. Environmental. Energy and Economic Impacts The environments, energy, and economic impacts of the revisions for demolition and renovation, including waste disposal, were estimated from two baselines. One is full compliance with the NESHAP, and the other ia current use of engineering controls and work practices. Enforcement experience indicates that many asbestos removal operations related to demolition and the subsequent waste disposal operations are performed out of compliance with the NESHAP. The lack of compliance with the NESHAP removal provisions leads to the improper disposal of soma waste, especially demolition waste, with the result that emissions from the disposal of demolition waste greatly exceed other emissions, including process emissions from milling, manufacturing, and fabricating. Liability and other considerations generally lead the owners of buildings being renovated to follow or even exceed the requirements of the NESHAP. Thus, the eppropriate baseline for demolition is current use of work practices rather than full compliance. At asbestos milling, manufacturing, and fabricating facilities, the required air pollution control devices ere generally in place. Thus, for milling, manufacturing, and fabricating, full compliance with the NESHAP. including the waste disposal requirements, is assumed for the baseline. Faw emission measurement data exit for asbestos sources. Thus, emissions were estimated using engineering methods and assumptions, which resulted in substantial uncertainty. A detailed description of the approaches used to estimate emissions is found in "Asbestos Emission Estimates for Milling. Manufacturing, Fabricating, Demolition. Renovation, and Waste Disposal" which ia contained in Docket A-6S-28. Estimated process emissions under the current NESHAP at full compliance for milling, manufacturing, and fabricating are approximately 7,400 kg/yr. Baaed on current practices, estimated emissions from the removal activities associated with demolition and renovation are approximately 1.300 kg/yr and estimated waste disposal emissions from all sources are 227.000 kg/yr. If demolition and renovation were in full compliance, estimated emissions from asbestos removal activities associated with demolition and renovation would bt about 700 kg/yr. Estimated emissions from waste disposal, assuming full compliance with the NESHAP by all source*, would be about 600 kg/yr. The costs of the revisions are expected to be small relative to normal operating costs for these industries. The revisions are intended to promote compliance and enhance enforceability. Small additional costa are associated with the recordkeeping and reporting requirements of the revisions. Economic impacts of the promulgated alternatives are expected to be minimal Advene impacts of the promulgated revisions on water, noise, and energy were considered. Due to the nature of the revisions, no signifiesnt adverst'iapact* on water, noise, or energy are anticipated. I1L Public Participation The revisions were proposed and published in the Federal Register on January 10.1989 (54 FR 912). The preamble to the propoaed standards revisions noted the availability in the docket of the supporting information used in developing the proposed revisions. Public comments were solicited at the time of proposal. To provide interested persons the opportunity for oral presentation of data, views, or arguments concerning the proposed revisions, a public hearing was held on February 8,1889, at Research Triangle Park. North Carolina. The hearing was open to the public, and 6 persons presented comments. The public comment period specified in the Federal Register notice was from January 10,1069 to March 7,1969. One Federal Register / Vol. 55, No. 224 / Tuesday, November 20, 1990 / Rules and Regulations 48409 its application. As a result, contractors operating in more than one enforcement jurisdiction have encountered different interpretations for similar demolition operations. For example, there have been instances in which contractors are required, prior to demolition, to remove floor tile in one enforcement jurisdiction but not in another. Contractors and/or building owners and operators are unsure as to what materials must be removed and what materials can be left in place and are often hesitant to proceed without a ruling from EPA. which can Involve significant delays. As a consequence, EPA received a number of requests from State and regional enforcement agencies to clarify what Is required under the NESHAP in dealing with nonfriable materials since the 1985 policy determination was issued. In response to these requests, a clarification of the nonfriable issue was included in the revisions proposed on January 10,1989. These revisions were intended to clarify the intent of the original rale. Basically, EPA stated in the January 10,1989, Federal Register notice that certain nonfriable materials, such as floor tile, roofing products, and packings and gaskets that are in good condition, can be left in buildings being demolished because fiber release from these materials, even if the materials are damaged, is relatively email compared to the fiber release from friable materials. Other nonfriable products such as A/C products have a greater potential to release asbestos fibers when heavily damaged and may have to be removed prior to demolition. In response to the revisions proposed on January 10,1989. numerous comments were submitted to EPA. Many of the commenters argued that EPA was attempting to regulate nonfriable materials, which were explicitly exempted in previous asbestos NESHAP rulemakings. Many comments stated that the proposed revisions did not help to clarify EPA's position on nonfriable material and may have made matters more confusing. In responding to the comments, a literature survey was conducted to determine if it was possible to quantify the fiber release potential cf nonfriable materials when they are damaged during demolition. All of the available data on fiber release from floor tile, roofing products, gaskets, packings, and A/C products was reviewed. In some instances, the fiber release data were measured during actual removal operations, while other data were from simulated removal activities in laboratory settings. For the materials evaluated, the potential for fiber release appeared minimal and substantially lower than for friable materials. These findings, while uncertain, support EPA's original argument that there is a basis for makiog a distinction between materials that readily release fibers and those that do not As a result of the comments received on this issue and the additional information gathered in response to comments, EPA has been able to compile a list of nonfriable ACM that, under normal conditions, do not have to be removed prior to demolition operations. These ACM are not expected to release significant amounts of asbestos fibers to tbs outside air during demolition and. consistent with the intent of the existing standards, are not being regulated. A definition of "category I nonfriable ACM" la added to the final rule, which lists resilient floor covering, roofing products, gaskets, and packings. However, if these materials are In poor condition and are friable or they are subjected to landing, grinding, cutting, or abrading, they are to be treated as friable asbestos material. Category 1 nonfriable ACM that is in poor condition, but is not friable and will not be subjected to sanding, grinding, cutting, or abrading, is not subject to the NESHAP. "In poor condition'' has been defined to mean that the binding of the material is losing its Integrity at indicated by peeling, cracking, or crumbling of the material. Other nonfriable materials are identified as Category fi nonfriable ACM and have to be evaluated on a case-by-case basis. Category materials that become crumbled, pulverized, or reduced to powder during removal or during demolition are covered by the NESHAP. Broken ACM Comment Commenters IV-D--47, IVD-89, IV-D-91 and FV-D-95 explained that use of the term `'broken" to describe materials that are subject to the rule is inconsistent with the current NESHAP and expands coverage of the NESHAP. These commenters stated that merely breaking nonfriable material does not equate to fiber release. One commenter. 1V-D-89, noted that noncompliance may increase where nonfriable material is broken during demolition or renovation, but is not controlled or reported according to the NESHAP. Response; After considering this issue, EPA agrees with commenters that retaining the word "broken" could be Interpreted as substantially Increasing the scope of the standard and. therefore, has removed it from the definition. Most nonfriable materials can be broken without releasing significant quantities of airborne asbestos fibers. It is only when the material is extensively damaged. is., crumbled, pulverized, or reduced to powder, that the potential for significant fiber release is greatly increased. Also, in the definitions of "asbestos-containing waste material." "friable asbestos material." and elsewhere, the word "broken" is deleted. The EPA it planning to Issue additional information in the future on this and other aspects of the NESHAP to help enforcement officials and the regulated community interpret and apply the NESHAP provisions. Inspections Comment Three commenters argued that EPA should indode mandatory asbestos surveys in the rule. Commenter IV-D-4 stated that EPA should require surveys far all buildings prior to and separate from any demolition or renovation activity. Commenter IV-D-4 stated that such building surveys couid become pert of a public record, making the absence of a survey a violation. Commenter IV-D-4 noted that, if the survey indicated that a structure was asbestos free, all notification and enforcement costs would be eliminated. Also, commenter IV-D-4 explained that a demolition without proper notification could be easily established later. Commenters IV-D-57 and IV-D-84 stated that EPA's requirement to survey buildings prior to demolition and renovation is implicit and should be made explicit and require that surveys be performed by an accredited asbestos inspector. Commenter IV-D-57 also noted that OSHA requires a building survey by a competent person and stated that EPA should similarly require a site-specific survey before demolition, with details on how the building will be demolished and how the asbestos will be controlled. Response; The EPA currently requires that a facility be inspected for asbestos prior to demolition or renovation. As a result of the survey, information on the asbestos material present, the nature of the demolition or renovation, and measures that will be taken to control emissions of asbestos most be reported to EPA. Commenters fV-D-57 and IVD-84 are correct in saying that it is an implicit requirement and that it is not stated explicitly in the rule. The final rule expressly requires a facility survey for asbestos prior to demolition or renovation. Although previously implied, this revision clarifies EPA's position on the requirement to perform building surveys. The EPA also considered the suggestion to require that surveys be Federal Register / Vol. 55, No. 224 / Tuesday. November 20. 1990 / Rules and Regulations 48411 Method of Notification Comment: Several comments were received on the requirement to use certified mail for notifying EPA. Most of the commentera objected to the use of certified mail to the exclusion of other methods. Commentera IV-D-23. IV-D-24, IV-D- 25. IV-D-4Z. IV-D-78, IV-D-59, and IV- D-85 considered the certified mail requirement to be unnecessary for EPA. to achieve the intended purpose of the notification process. It was stated that certified mail would require a trip to a post office, which is a deterrent to timely notification. Commentera IV-D23. IV-D-24.IV-D-41. and IV-D-78 argued that notification by telefax machine may be more practical than certified mail. Commentera IV-D-25, IVD-65. and IV-D-83 suggested that notification by telephone or telefax be allowed, followed by a written notification. Commentera IV-D-24. IVD-25, JV-D-42, and IV-D-85 observed that regular mailing of notices works satisfactorily and should be allowed. Commentera IV-D-28 and IV-D-66 favored allowing the use of overnight maiL Commenter IV-D-59 argued that, if a State agency has jurisdiction, the method of notification should be left up to the State agency. Commenter IV-D-32 argued that all notifications should be in writing because telephone notification does not result in a legally enforceable written record. Also, commenter IV-D-32 stated that allowing the use of telephones would promote schedule changes for minor reasons that would not otherwise be considered. Response: Several of the commenters objected to the required use of certified mail even though EPA proposed the use of certified mail as a way of ensuring that owners/operators had proof of notification. In view of the negative comments and after reconsidering the issue, the EPA has decided not to require certified mail although its use would be allowed. The use of the regular mail system, i.e.. U.S. Postal Service, has worked satisfactorily in the past and will continue to be allowed. Also, because the rule specifies postmark .......... or deliver * * private overnight mail delivery is permitted. Regarding the use of telephone facsimile (fax) machines to transmit notices. EPA does not consider these systems to be sufficiently reliable, at this time, to allow their use. Often, it is difficult to know whether a transmission was successful. Disadvantages associated with their use include occasional incomplete transmissions and transmissions of poor quality requiring faxed messages to be followed by telephone contact to confirm proper transmission. More than one transmission may be required. In tome instances, quality cannot be improved. Also, because of competing messages, it often requires a long time before a fax can be properly transmitted 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 notification must be in writing. Where States or local authorities enforce their own asbestos regulations, they may choose the notification procedures. But if a State is delegated authority for enforcing the NESHAP. then they must adhere to the NESHAFi requirements. The EPA is in agreement with the commenter who favors written notifications over telephone notifications and the final rule continues to require the former. It should be noted that OSHA has recently proposed notification requirements (55 FR 29712. July 20,1990) similar to those in the NESHAP. The EPA is coordinating with OSHA during their rulemaking to determine the most efficient mechanism to avoid duplication and ensure that both EPA and OSHA receive adequate notice without unduly burdening industry. Renotification Comment Numerous comments were received on the proposed renotification requirements. Although a few favored the requirements as proposed and a few thought the requirements should be more stringent most of the commenters favored the use of telephone renotification. The comments were as follows: Commenter IV-D-28 disagreed with the NADC comment in the proposal preamble that renotification by telephone should be allowed; commenter IV-D-28 recommended a 10day written notice for all projects. Commenter IV-D-21 suggested that the renotification provisions be made more flexible by allowing the actual start date to vary by a couple of days for projects lasting longer than 5 days before requiring the owner/operator to renotify. Commenters IV-D-21. IV-D-25. IV-D26.1V-D-36. rV-D-37, IV-D-41. IV-D- 42. IV-D-45, IV-D--16. IV-D-49, IV-D50. IV-D-58. IV-D-59, IV-D-60. IV-D61. 1V-D-62. IV-D-65, IV-D-69. IV-D- 71. IV-D-73. IV-D-74. IV-D-76. IV-D87, IV-D-68. and IV-D-94 suggested that EPA allow the use of some other means hrsiilra certified mall for iwmllflratlim. such as sume day telephone or telefax messages, when a 5-day written notice would further delay the project. This would be simpler and less timeconsuming. Commenter IV-D-41 also suggested that, when It is feasible to provide a 5-day written notice, i.edelays are known at least 5 days in advance, then such notice would be provided. Also, as commenters IV-D-48, 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-38, IV-D-37. IV-D-41. IV-D-42, IV-D-43, IV-D-45. IV-D-48, IV-D-49, IV-D-50, IV-D-51. IV-D-58, IV-D-59. IV-D-83, IV-D-64. IV-D-73, IV-D-75. IV-D-76, IV-D-78, IV-D-87, IV-D-88, 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 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 commenter IV-D-84 suggested that EPA allow a project to start within some reasonable period of time, such as a couple of days, of the original start date without having to renotify EPA in writing. The EPA should provide for some flexibility in predicting the exact start date. In the experience of one of the commenters. jobs usually start within a day or two of the scheduled date. Response: The EPA agrees that a 10day advance notice is appropriate for demolitions and renovations that can be planned for and scheduled. In some situations, however, such as emergency renovations or government-ordered demolition of buildings that are in danger of imminent collapse. EPA considers shorter notification periods appropriate. For renotification, a 10-day additional waiting period would be excessively burdensome. The EPA has considered the suggestion that telephone renotification be permitted and has determined that providing for the use of the telephone, followed by a written notice, would provide the necessary flexibility and would be in the be9l interests of both 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 Comment- Commenters 1V-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, IVD-28, JV-D-41, and IV-D-B4 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 1V-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 S 61.149(d) changed so that they would apply only to transport to an offsite disposal facility. Commenter 1V-D-93 also suggested that the requirements of l 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 workers be informed of hazards to which they are exposed. Accordingly, EPA believes the provisions of 61.149(d) are appropriate as proposed and should not be changed as suggested. EPA Identification Number Comment Several comments addressed the proposal to assign identification numbers to generators of asbestos waste. Most of the commenters found the requirement confusing! Commenters IV-D-9 and IV-D-49 stated that the system of using EPA identification numbers is confusing and misleading and should be subject to public comment rather than tacked onto the final version of the amendments. Commenter IV-D-25 wondered how the system ia to operate and whether they would use the number they already have for hazardous waste. Commenter IV-D26 was unclear as to who the generator would be and suggested that the abatement 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-D-62 and 1V-D-63 expressed confusion over (he proposed identification number and urged that a single number be assigned to an entire company, rather than to each building or facility. Commenter IV-D-18 asked how the identification numbers are to be determined and assigned; is it to be done now; and. if the program is delegated to a State or local program, would this require a State identification number? Response: Because of the confusion expressed by all the commenters over how a system of assigning identification numbers to asbestos waste generators would work. EPA has reconsidered this revision and has decided to delete the requirement for an identification number. The EPA is confident that, even without such a unique numbering system, it will be possible to track waste shipments for the purpose of pursuing enforcement actions. Semiannual Reports Comment Commenter IV-D-4 opposed semiannual reporting by generators or disposal sites but recommended exception reporting by both. Commenter IV-D-9 noted that semiannual reporting is also redundant in view of the Superfund Amendments and Reauthorization Act (SARA) Title III regulations. Commenters IV-D-28. IV-D-39. IV-D-41. IV-D-75. and IV-D83 asserted that EPA should delete the semiannual reporting requirement In { 61.150(d)(4) because it is redundant since the information is also provided on the waste tracking form and will just add more paperwork. Commenter IV-D94 was concerned that small, rural landfills will use the proposed recordkeeping requirements as an excusa to refuse to accept asbestos waste, which could increase illegal dumping. Commenter IV-D-04 stated that the regulation in effect prior to the January 10,1980, proposal should be retained. Commenters IV-D-24. IV-D-61, and IV-D-62 noted that most 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 by EPA's Office of Solid Waste (OSW). Commenter IV-D-65 stated that, if necessary. EPA should supplement the existing biennial RCRA report Commenter IV-D-63 asserted that it is unnecessary for the generator to submit semiannual waste disposal reports. Commenter IV-D-81 stated that the proposal imposes redundant reporting requirements on owners/operators due to { 61.150(c)(4). Commenter IV-D-61 argued that industrial landfills on site that are subject to RCRA and State statutes should be exempt from the reporting and recordkeeping requirements of { 61.150(d). Commenter IV-D-55 stated that { 61.150(d) does not define adequately who keeps disposal records and who submits semiannual reports. Commenter IV-D-55 felt that building owners are unfamiliar with the report called for in { 61.150(d)(4). Response: Upon additional consideration of this provision, EPA has decided to omit the requirement for semiannual reporting from today's rule. This decision is based in part on several comments opposing semiannual reporting as unnecessary. In addition, because of the large commitment of enforcement resources that would be required for such a system to properly function. EPA believes that the proposal is overly ambitious at this time. The EPA believes, however, that enforcement can use the available information and adequately identify violators by comparing the waste records that are required to be kept by waste generators and waste disposal sites. At this time, a more workable Federal Register / Vol 55, No. 224 / Tuesday, November 20. 1990 / Rules and Regulations 48415 61.141 Definitions. tt I Adequately wet means sufficiently mix or penetrate with liquid to prevent the release of particulates. If visible emissions are observed coming from asbestos-containing material then that material has not been adequately wetted. However, the absence of visible emissions is not sufficient evidence of being adequately weL * Asbestos-containing waste materials means mill tailings or any waste that contains commercial asbestos and is generated by a source subject to the provisions of this subpart. This term includes filters from control devices, friable asbestos waste material, and bags or other similar packaging contaminated with commercial 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 l nonfriable asbestoscontaining material (ACM) means asbestos-containing packings, gaskets, resilient floor covering, and asphalt roofing products containing more than 1 percent asbestos as determined using the method specified in appendix A. subpart F. 40 CFR part 783. section 1. Polarized Light Microscopy. Category ll nonfriable ACM means any material, excluding Category I nonfriable ACM. containing more than 1 percent asbestos as determined using the methods specified in appendix A. subpart F. 40 CFR part 783. 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. Demolition means the wrecking or taking out of any load-supporting structural member of a facility together with any related handling operations or the intentional burning of any facility. Emergency renovation operation means a renovation operation that was not planned but results from a sudden, unexpected event that, if not immediately attended to, presents a safety or public health hazard, is necessary to protect equipment from damage, or is necessary to avoid imposing an unreasonable financial burden. This term includes operations In poorcondition means the binding necessitated by nonroutine failures of of the material la losing its integrity as equipment indicated by peeling, cracking, or Fabricating means any processing crumbling of the materiaL [eg., cutting, sawing, drilling) of a Inactive waste disposal site means manufactured product that contains any disposal sits or portion of it where commercial asbestos, with the exception additional asbestos-containing waste of processing at temporary sites (field material has not been deposited within fabricating) for the construction or the pest year. restoration of facilities. In the case of Installation means any building or friction products, fabricating includes bonding, debonding, grinding, sawing, drilling, or other similar operations structure or any group of buildings or structures at a single demolition or renovation site that are under the performed as part of fabricating. control of the same owner or operator Facility means any institutional (or owner or operator under common commercial public, industrial or control). residential structure, installation, or Leak-light means that solids ot liquids building (including any structure, installation, or building containing condominiums or individual dwelling units operated as a residential cooperative, but excluding residential buildings having four or fewer dwelling units): any ship: end 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 building. Any structure, installation or building that was previously subject to this subpart is not excluded regardless cannot escape or spill out It also means dust-tight Malfunction means any sudden and unavoidable failure of air pollution control equipment or process equipment or of a process to operate in a normal or usual manner ao that emissions of asbestos era increased. Failures of equipment shall not be considered malfunctions if they are caused in any way by poor maintenance, careless operation, or any other preventable upset conditions, equipment breakdown, or process failure. of its current use or function. -- Manufacturing means the combining Facility component means any part of a facility including equipment Friable asbestos materia1 means any material containing more than 1 percent asbestos as determined using the method specified in appendix A. subpart F. 40 CFR part 783 section 1, Polarized Light Microscopy, that when dry. can be crumbled, pulverized, or reduced to of commercial asbestos---or, in the case of woven friction products, the combining of textiles containing commercial asbestoa--with any other material)t), including commercial asbestos, and the processing of this combination into a product Chlorine production is considered e pert of manufacturing. powder by hand pressure. If the Natural barrier meant a natural asbestos content is less than 10 percent object that effectively precludes or as determined by a method cuner than deters access Natural barriers include point counting by polarized light physical obstacles each as cliffs, lakes microscopy (PLMl verify the asbestos or other large bodies of water, deep and content by point counting using PLM. wide ravines, end mountains. Fugitive source means any source of emissions not controlled by an air Remoteness by itself is not a natural barrier. pollution control device. Nonfriable asbestos-containing Clove bag means a sealed material means any material containing compartment with attached inner gloves more than 1 percent asbestos as used for the handling of asbestos- determined using the method specified containing materials, properly installed in appendix A. subpart F. 40 CFR part and used, glove bags provide a smell 763. section 1. Polarized Light work area enclosure typically used for Microscopy, that, when dry, cannot be small-scale asbestos stripping crumbled, pulverized, or reduced to operations. Information on glove-bag powder by hand pressure. installation, equipment and supplies, Nonscheduled renovation operation and work practices is contained in the means a renovation operation Occupational Safety and Health necessitated by the routine failure of Administration's (OSHA's) final rule on equipment, which is expected to occur occupational exposure to asbestos within a given period based on pa6t (appendix G to 29 CFR 1920.58). operating experience, but for which an Grinding means to reduce to powder exact date cannot be predicted. or small fragments and includes Outside air means the air outside mechanical chipping or drilling. buildings and structures, including, but Federal Register / Vol. 55. No. 224 / Tuesday. November 20.1990 / Rules and Regulations 48417 ! Date of inspection (mo/aay/yr) Ai r cleaning device or fugitive Time of source inspection designation (a.m./p.m.) or number Visible emissions observed (yes/no), corrective action taken Daily operating hours t 11 I Inspector's initials Figure l. Record of Visible Emission Monitoring Federal Register / Vol. 55. No. 224 / Tuesday. November 20. 1990 / Rules and Regulations 48419 6. Section 61.143 is revised to read as follows: 61.10 Standard (or 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-BS. 1985. 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) * * * (9) The manufacture of chlorine utilizing asbestos diaphragm technology. a a (b) * * * (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 $ 81.152 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 manufacturing facility, including air cleaning devices, process equipment, and buildings housing material 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 bags. For air cleuning 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. (iii) Condition of fabric fillers, 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 61.146 and 61.147 are removed, and $ 61.145 is revised to read as follows: $61,148 Standard lor 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 1 and Category II nonfriable ACM. The requirements of paragraphs (b) and fc) of this section apply to each owner or operator of a demolition or renovation activity, including the removal of RACM as follows: (1) In 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 fi) At least BO linear meters (260 linear feel) 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)(1). (2). (3)(i) and (Iv). and (4)(i) through (vii) and (4)(ix) and (xvi) of 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 measured previously or there is no asbestos. (3) If the facility is 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 feet) 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 RACM 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), 61.07, and 61.09. (b) Notification requirements. Each owner or operator of a demolition or Federal Register / VoL SS. No. 224 f Tuesday. November 20. 1990 / Rules and Regulations 48421 hard material and is adequately wet whenever exposed during demolition; or (iii) It was not accessible for testing and was. therefore, not discovered until after demolition began and, as a result of the demolition, the material cannot be safely removed. If not removed for safety reasons, the exposed RACM and any asbestos-contaminated debris must be treated as asbestos-containing waste material and adequately wet at all times until disposed of. (iv) They are Category II nonfriable ACM and the probability is low that the materials will become crumbled, pulverized, or reduced to powder during demolition. (2) When a facility component that contains, is covered with, or is coated with RACM is being taken out of the facility as a unit or in sections: (i) Adequately wet all RACM exposed during cutting or disjoining operations: and (ii) Carefully lower each unit or section to the floor and to ground level, not dropping, throwing, sliding, or otherwise damaging or disturbing the RACM. (3) When RACM is stripped from a facility component while it remains in place in the facility, adequately wet the RACM during the stripping operation. (i) In renovation operations, wetting is not required if: (A) The owner or operator has obtained prior written approval from the Administrator based on a written application that wetting to comply with this paragraph would unavoidably damage equipment or present a safety hazard: and (B) The owner or operator uses of the following emission control methods: (1) A local exhaust ventilation and collection system designed and operated to capture the particulate asbestos material produced by the stripping and removal of the asbestos materials. The system must exhibit no visible emissions to the outside air or be designed and operated in accordance with the requirements in } 01.152. (2) A glove-bag system designed and operated to contain the particulate asbestos material produced by the stripping of the asbestos materials. PI Leak-tight wrapping to contain all RACM prior to dismantlement. (ii) In renovation operations where wetting would result in equipment damage or a safety hazard, and the methods allowed in paragraph (c)(3)(i) of this section cannot be used, another method may be used after obtaining written approval from the Administrator based upon a determination that it Is (7) When the temperature at the point equivalent to wetting in controlling of wetting is below 0 *C (32 *F): emissions or to the methods allowed in (i) The owner or operator need not paragraph (c)(3)(i) of this section. (iii)A copy of the Administrator's written approval shall be kept at the worksite and made available for inspection. (4) After a facility component covered with, coated with, or containing RACM has been taken out of the facility as a unit or in sections pursuant to paragraph (c)(2) of this section, it shall be stripped or contained in leak-tight wrapping, except as described in paragraph (c)(5) of this section. If stripped, either; (i) Adequately wet the RACM during stripping; or (ii) Use a local exhaust ventilation and collection system designed and comply with paragraph (c)(2)(i) and the welting provisions of paragraph (c)(3) of this section. (ii) The owner or operator shall remove facility components containing, coated with, or covered with RACM as units or in sections to the maximum extent possible. (iii) During periods when wetting operations are suspended due to freezing temperatures, the owner or operator must record the temperature in the area containing the facility components at die beginning, middle, and end of each workday and keep daily temperature records available for operated to capture the particulate inspection by the Administrator during asbestos material produced by the stripping. The system must exhibit no visible emissions to the outside air or be normal business hours at the demolition or renovation site. The owner or operator shall retain the temperature designed and operated in accordance records for at least 2 years. with the requirements in | 61.152. (8) Effective 1 year after promulgation (5) For large facility components such of this regulation, no RACM shall be as reactor vessels, large tanks, and ..Stripped, removed, or otherwise handled steam generators, but not beams (which or disturbed at a facility regulated by must be handled in accordance with this section unless at least one on-site paragraphs (c)(2), (3). and (4) of this representative, such as a foreman or section), the RACM is not required to be management-level person or other stripped if the following requirements authorized representative, trained in the are met provisions of this regulation and the (i) The component is removed, means of complying with them, is transported, stored, disposed of, or present. Every 2 years, the trained on reused without disturbing or damaging site individual shall receive refresher the RACM. training in the provisions of this (ii) The component is encased in a leak-tight wrapping. regulation. The required training shall include as a minimum: applicability; (iii) The leak-tight wrapping is labeled notifications; material identification: according to i 61.149(d)(l)(i], (ii). and control procedures for removals (iii) during all loading and unloading operations and during storage. (6) For all RACM. including material that has been removed or stripped: (i) Adequately wet the material and ensure that it remains wet until collected and contained or treated in preparation for disposal in accordance with f 61.150; and (ii) Carefully lower the material to the ground and floor, not dropping, throwing, sliding, or otherwise damaging or disturbing the material. (iii) Transport the material to the ground via leak-tight chutes or containers if it has been removed or stripped more than 50 feet above ground level and was not removed as units or in sections. (iv) RACM contained in leak-tight wrapping that has been removed in accordance with paragraphs (c)(4) and (c)(3)(i)(B)P) of this section need not be including, at least, wetting, local exhaust ventilation, negative pressure enclosures, glove-bag procedures, and High Efficiency Particulate Air (HEPA) filters; waste disposal work practices; reporting and recordkeeping: and asbestos hazards and worker protection. Evidence that the required training has been completed shall be posted and made available for inspection by the Administrator at the demolition or renovation site. (9) For facilities described in paragraph (a)(3) of this section, adequately wet the portion of the facility that contains RACM during the wrecking operation. (10) If a facility is demolished by intentional burning, all RACM including Category I and Category II nonfriable ACM must be removed in accordance with the NESHAP before burning. wetted. BILLING COOC SSSO-tO-M V Federal Register / Vol. 55. No. 224 / Tueday. November 20.1990 / Rules and Relations NOTIFICATION OF DEMOLITION AND RENOVATION (aontxnuatf) DESCRIPTION OF PLANNED DEMOLITION OR RENOVATION WORK, AND KETBOD(S) TO BE USED: 48123 XI. DESCRIPTION OF WORK PRACTICES AND ENGINEERING CONTROLS TO BE USED TO PREVENT EMISSIONS OF ASBESTOS AT THE DEMOLITION AND RENOVATION SITE: XII. WASTE TRANSPORTER *1 City! I Contact Person* 1 WASTE TRANSPORTER 12 -- 1 Address* citri Contact Person* XIII. WASTE DISPOSAL SITE IUUI State i up: Telephone* tipi Telephone* I I Location! City* St*l.l tipi Telephone* j XIV. IP DEMOLITION ORDERED BY A GOVERNMENT AGENCY, PLEASE IDENTIFY THE AGENCY BELOW: 1 VMtl Authority! Date of Order (NM/DO/TT)i XV. roil EMXXGZVCT RENOVATIONS Date and Hour of toergency (Mt/DO/TY)t Description of the Sudden* Unexpected Brenti YiUai Date Qr^red to Mgxn {HH/DD/TT>i Explanation of how the event caused unsafe coeditie or an unreasonable financial burdeni or woald eea XVI. DESCRIPTION OP PROCEDURES TO BE FOLLOWED IN THE EVENT THAT UNEXPECTED ASBESTOS IS POUND OR PREVIOUSLY NONFRIABLE ASBESTOS MATERIAL BECOMES CRUMBLED, PULVERIZED* OR REDUCED TO POWDER. XVI. I CERTIFY THAT AN INDIVIDUAL TRAINED IN THE PROVISIONS OP THIS REGULATION (40 CTR PART 61, SUBPART M) WILL BE ON-SITE DURING THE DEMOLITION OR RENOVATION AND TV1VCBC THAT THE REQUIRED TRAINING HAS mat ACCOMPLISHED BY THIS PERSON WILL BE AVAILABLE I FOR INSPECTION DURING normal BUSINESS HOURS. .(Required i jxir after promulgation) (Signature of Owner/Operator) XVII. I CERTIFY THAT THE ABOVE INFORMATION IS CORRECT. L (Signature of Oraer/Operator) (Date) (Data) oiluNQ COOS tMO-SO-C Figure 3. notification of Demolition and Renovation Federal Register / Vol. 55, No. 224 / Tuesday. November 20, 1990 / Rule* and Regulations 48425 (1) Mark vehicles used to transport asbestos-containing waste material during the loading and unloading of the waste so that the signs are visible. The markings must (i) Be displayed in such a manner and location that a person can easily read the legend. (ii) Conform to the requirements for 51 era x 30 cm (20 in x 14 m) upright format signs specified in 29 CFR 1910.145(d)(4) and this paragraph: and (iii) Display the following legend in the lower panel with letter sizes and styles of a visibility at least equal to those specified in this paragraph. Legend DANGER ASBESTOS DUST HAZARD CANCER AND LUNG DISEASE HAZARD Authorised Fennnnel Only Notation 2J cm (1 inch) Sans Sent Gothic ar Slock Umjl inch) Sana Serit Gothic or Block 1.9 cm (44 inch) Sana Sant Gothic ar Block 14 Point Gothic Spacing between any two lines must be a least equal to the height of the upper of the two lines. (2) For off-site disposal provide a copy of the waste shipment record, described in paragraph (e)(1) of this section, to the disposal site owner or operator at the same time as the asbestos-containing waste material is delivered to the disposal site. (e) For all asbestos-containing waste material transported off the facility site: (1) Maintain asbestos waste shipment records, using a form similar to that shown in Figure 4, and include the following information: (i) The name, address, and telejdwne number of the waste geaerator. (ii) The name and address of the local Stats, or EPA Regional agency tespuuailde for administering the asbestos NESHAP program. (iii) The quantity of the asbestoscontaining waste material in cubic meters (cubic yards). (hr) The name and telephone number of the disposal site operator. (v) The name and physical aite location of the disposal aite. (vi) The date transported. (vff]The name, address, and IClEpUDXIE UUUlWTvl UIE U HUipU 101 (viii) A certification that the contents of this consignment are fully and accurately described by proper shipping name and are ciaimfied. pecked, marked, and labeled, and are in all respects in proper condition for transport by h^hway according to applicable international and government regulations. 12) For waste shipments where a copy of the waste shipment record, signed by the owner or operatorof the designated disposal site, is not received by the watte 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 statue of the waste shipment. (3) Report in writing-to the toed. State, or EPA Regional office responsible for administering the asbestos NESHAP prapam for the waste generator if copy of the waste shipment record, signed by The owner or operator of the designated waste disposal site, is not received by the waete generator within 45 day* of the date the waste wae accepted by the initial transporter, include In the report the following information: (i) A copy of the waste shipment record for whioh a oewfumation ef delivery was nnt 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. (4) Retain a copy of all waste shipment records, including a copy of (he wests shipment record signed by the earner or operatorof the designated sesste disposal rite, for at least 2 years. (0 Furnish upon request and make available for Inspection by the Administrator, all records required under this eection. Federal Register / Vol. 55, No. 224 / Tuesday. November 20,1990 / Rules and Regulations 48427 INSTRUCTIONS Waste Generator Section (Items 1-9) 1. Enter the name of the facility at which asbestos waste is generated and the address where the facility is located. In the appropriate spaces, also enter the name of the owner of the facility and the owner's phone number. 2. If a demolition or renovation, enter the name and address of the company and authorized agent responsible for performing the asbestos removal. In the appropriate spaces, also enter the phone number of the operator. 3. Enter the name, address, and physical site location of the waste disposal site (WOS) that will be receiving the asbestos materials. In the appropriate spaces, also enter the phone number of the WDS. Enter "on-site" 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 NESHAP program. 5. Indicate the types of asbestos waste materials generated. If from a demolition or renovation, indicate the amount of asbestos that is - Friable asbestos material - Nonfriable asbestos material 6. Enter the number of containers used to transport the asbestos materials ^-listed in Item 5. Also enter one of the following container codes used in transporting each type of asbestos material (specify any other type of container used if not listed below): DM - Metal drums, barrels DP - Plastic drums, barrels BA - 6 mil plastic bags or wrapping 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) Federal Register / Vol. 55. No. 224 / Tuesday. November 20. 1990 / Rules and Regulations 48429 13. Section 61.152 is redesignated as 61.150 and is revised to read as follows: } 61.150 Standard for wasta disposal for manufacturing, fabricating, demolition, renovation, and spraying operations. Each owner or operator of any source covered under the provisions of SI 61.144. 61.115.61.146. and 61.147 shall comply with the following provisions: (a) Discharge no visible emissions to the outside air during the collection, processing (including incineration), packaging, or transporting of any asbestos-containing waste material generated by the source, or use one of the emission control and waste treatment methods specified in paragraphs (a) (1) through (4) of this section. (1) Adequately wet asbestoscontaining waste material as follows: (1) Mix control device asbestos waste to form a slurry; adequately wet other asbestos-containing waste material: and (ii) Discharge no visible emissions to the outside air from collection, mixing, wetting, and handling operations, or use the methods specified by f 61.152 to clean emissions containing particulate asbestos material before they escape to. or are vented to. the outside air, and (iii) After wetting, seal all asbestoscontaining waste material in leak-tight containers while wet: or, for materials that will not Tit into containers without additional breaking, put materials into leak-tight wrapping: and (iv) Label the containers or wrapped materials specified in paragraph (a)(l |(iii) of this section using warning labels specified by Occupational Safety and Health Standards of the Department of Labor. Occupational Safety and Health Administration (OSHA) under 29 CFR 1910.1001(j)(2) or 1926.58(k)(2)(iii). The labels shall be printed in letters of sufficient size and contrast so as to be readily visible and legible. (v) For asbestos-containing waste material to be transported off the facility site, label containers or wrapped materials with the name of the waste generator and the location at which the waste was generated. (2) Process asbestos-containing waste material into nonfnable forms as follows: (i) Form all asbestos-containing waste material into nonfriable pellets or other shapes: (ii) Discharge no visible emissions to the outside air from collection and processing operations, including incineration, or use the method specified by 5 61 152 to clean emissions cont.lining particulate asbestos material before they escape to. or are vented to, the outside air. (3) For facilities demolished where the RACM is not removed prior to demolition according to if 61.145(c)(1) (i). (ii). (iii). and (iv) or for facilities demolished according to | 61.145(c)(9). adequately wet asbestos-containing waste material at all times after demolition and keep wet during handling and loading for transport to a disposal site. Asbestos-containing waste materials covered by this paragraph do not have to be sealed in leak-tight containers or wrapping but may be transported and disposed of in bulk. (4) Use an alternative emission control and waste treatment method that has received prior approval by the Administrator according to the procedure described in 161.149(c)(2). (5) As applied to demolition and renovation, the requirements of paragraph (a) of this section do not apply to Category 1 nonfriable ACM waste and Category II nonfriable ACM waste that did not become crumbled, pulverized, or reduced to powder. (b) All asbestos-containing waste material shall be desposited as soon as is practical by the waste generator at* (1) A waste disposal site operated in accordance with the provisions of f 61.154. or (2) An EPA-approved site that converts RACM and asbestoscontaining waste material into nonasbestos (asbestos-free) material according to the provisions of I 61.155. (3) The requirements of paragraph (b) of this section do not apply to Category I nonfriable ACM that is not RACM. (c) Mark vehicles used to transport asbestos-containing waste material during the loading and unloading of waste so that the signs are visible. The markings must conform to the requirements of f f 61.149(d)(1) (i), (ii). and (iii). (d) For all asbestos-containing waste material transported off the facility site: (1) Maintain waste shipment records, using a form similar to that shown in Figure 4. and include the following information: (i) The name, address, and telephone number of the waste generator. (ii) The name and address of the local. State, or EPA Regional office responsible for administering the asbestos N'ESHAP program. (iii) The approximate quantity in cubic meters (cubic yards). (iv) The name and telephone number of the disposal site operator. (v) The name and physical site location of the disposal site. (vi) The dale transported. (vii) The name, address, and telephone number of the transporters). (viii) A certification that the contents of this consignment 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 highway according to applicable international and government regulations. (2) Provide a copy of the waste shipment record, described in paragraph (d)ll) 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 N'ESHAP 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 waste 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 the 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 I 61.151 and is amended by revising the introductory text, paragraphs (a)(2). (a)(4). and (b)(3). and adding paragraphs (d) and (e) (o read as follows: { 61.151 Standard for Inactive wasta disposal sites for ssbastos mills and manufacturing and fabricating operations. Each owner or operator of any inactive waste disposal site that was operated by sources covered under Federal Register / Vol. 55, No. 224 / Tuesday. November 20. 1990 / Rules and Regulations -18431 (b) The information required by paragraph (a) of this section must accompany the information required by { 61.10. Active waste disposal sites subject to t 61.134 shall also comply with this provision. Roadways, demolition and renovation, spraying, and insulating materials are exempted form the requirements of f 61.10(a). The information described in this section must be reported using the format of Appendix A of this part as a guide. 17. Section 61.156 is redesignated as 5 61.154 and amended by revising the introductory text of 61.154, paragraphs (cl and (d). and adding paragraphs (e) l.'irough (/) to read as follows: (61.154 Standard for active waste disposal sites. Each owner or operator of an active waste disposal site that receives asbestos-containing waste material from a source covered under S3 61.149,61.150. or 61.155 shall meet the requirements of this section: ae (r) Rather than meet the no visible emission requirement of paragraph (a) of inis section, at the end of each operating day. or at least once every 24-hour pern>d while the site is in continuous operation, the asbestos-containing waste material that has been deposited at the site during the operating day or previous 24-hour period shall: (1) Be covered with at least 15 centimeters (6 inches) of compacted n'lnasbestoa-containing material, or (2) Be covered with a resinous or petroleum-based dust suppression agent that effectively binds dust and controls wind erosion. Such an agent shall be used in the manner and frequency recommended for the particular dust by the dust suppression agent manufacturer to achieve and maintain dual control. Other equally effective dust suppression events may be used upon prior approval hv the Administrator. For purposes of t' >s paragraph. any used, spent, or other w -'iie oil is not considered a dust suppression agent. (d) Rather than meet the no visible emission requirement of paragraph (a) of this section, use an alternative emissions control method that has received prior written approval by the Administrator according to the piocedures described in 3 61.149(c)(2). (e) For all asbestos-containing waste material received, the owner or operator ol the active waste disposal site shall: (1) Maintain waste shipment recorJs. using a form similar to that shown in figure 4. and include the follcwng information. (i| The name, addrtws. and telephone t.umber nt the vvds'p generator. (ii) The name, address, end telephone number of the transporters). (iii) The quantity of the asbestos- containing waste material in cubic meters (cubic yards). (iv) The presence of improperly enclosed or uncovered waste, or any asbestos-containing waste material not sealed in lead-tight containers. Report in writing to the local. State, or EPA Regional office responsible for administering the asbestos NESHAP program for die waste generator (identified in the waste shipment record), and, if different, the local. State, or EPA Regional office responsible for administering the asbestos NESHAP program for the disposal site, by the following working day. the presence of a significant amount of improperly enclosed or uncovered waste. Submit a copy of the waste shipment record along with the report (v) The date of the receipt (2) As soon as possible end no longer than 30 days after receipt of the waste, send a copy of the signed west# shipment record to the waste generator. (3) Upon discovering a discrepancy between the quantity of waste designated on the waste shipment records and the quantity actually received, attempt to reconcile the discrepancy with the waste generator. If the discrepancy is not resolved within 15 day s after receiving the waste, immediately report in writing to the local. State, or EPA Regional office responsible for administering the asbestos NESHAP program for the waste generator (identified in the waste shipment record), end. if different the local State, or EPA Regional office responsible for administering ue asbestos NESHAP program for the disposal site. Describe the discrepancy and attempts to reconcile it and submit a copy of the waste shipment record along with the report (4) Retain a copy of all records and reports required by this paragraph for at least 2 years. (0 Maintain, until closure, records of the location, depth and area, and quantity in cubic meters (cubic yards) of asbestos-containing waste material within the disposal site on a map or diagram of the disposal area. (g) Upon closure, comply with all the provisions of 3 61.151. (h) Submit to the Administrator, upon closure of the facility, a copy of records cf asbestos waste disposal locations and quantities. (i) Furnish upon request, and make available during normal business hours for inspection by the Administrator, all records required under this section. (j) Notify the Administrator in writing at least 45 daya prior to excavating or otherwise disturbing any asbettoacontaining waste material that has been deposited at a waste disposal site end is covered. If the excavation will begin on a date other than the one contained in the original notice, notice of the new start date must be provided to the Administrator at least 10 working days before excavation begins and in no event shall excavation begin earlier than the date specified in the original notification, include the following information in the notice: (1) Scheduled starting and completion dates. (2) Reason for disturbing the waste. (3) Procedures to be used to control emissions during 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. (4) Location of any temporary storage site and the final disposal site. 18. Section 61.155 is added to subpart M to read as follows: {61.155 Standard for operations timt convert ssbesto-containing waste materiel into nonasbestos (asbestos tree) material. Each owner or operator of an operation that converts RACM and asbestos-containing waste material into nonasbestos (asbestos-free) material shall: (a) Obtain the prior written approval of the Administrator to construct the facility'. To obtain approval, the owner or operator shall provide the Administrator with the following information: (1) Application to construct pursuant to 3 61.07. (2) In addition to the information requirements of 3 61.07(b)(3), a (i) Description of waste feed handling and temporary storage. (ii) Description of process operating conditions. (iii) Description of the handling and temporary storage of the end product. (iv) Description of the protocol to be followed when analyzing output materials by transmission electron microscopy. (3) Performance test protocol, including provisions for obtaining information required under paragraph (b) of this section. (4) The Administrator may require that a demonstration of the process be performed prior to approval of the applica ion to construct. Federal Register / Vol. 55. No. 224 / Tuesday, November 20. 1990 / Rules and Regulations 48433 20. Section 01.157 is added to subpart M to read as follows: } Si. 157 Delegation el authority. (a) In delegating implementation and enforcement authority to a State under section 112(d) of the Act the authorities contained in paragraph (b) of this section shall be retained by the Administrator and not transferred to a State. (b) Authorities that will not be delegated to States: (1) Section 61.149(c)(2) (2) Section 01.150(a)(4) (3) Section 01.151(c) (4) Section 01.152(b)(3) (5) Section 01.154(d) (0) Section 01.155(a). |FK Doc 00-26035 Filed 11-10-90; 8.45 am) MUNO COM HiMM Table i.--Cross-Reference to Other Asbestos Regulations