Document jgyoZz9Dj1rgeq48dNY39RroO

1910.1001 Title 29--Labor PLAINTIFF'S EXHIBIT Title 29 Code of Federal Regulations Parts 1900 to 1919 Revised as of July 1, 1979 1910.1001 Asbestos. (a> Definitions. For the purpose of this section, (1) "Asbestos" includes chrysotile, amosite, crocidolite, tremolite, anthophvllite, and actinolite. (2) "Asbestos fibers" means asbestos fibers longer than 5 micrometers. <b) Permissible exposure to airborne concentrations of asbestos fibers--(1) Standard effective July 7. 1972. The 8hour time-weighted average airborne concentrations of asbestos fibers to which any employee may be exposed shall not exceed five fibers, longer than 5 micrometers, per cubic centi meter of air, as determined by the method prescribed in paragraph Ce) of this section. (2) Standard effective July 1, 1976. The 8-hour time-weighted average air borne concentrations of asbestos fibers to which any employee may be ex posed shall not exceed two fibers. CAPCO JEN 0000307 Chapter XVII--Occupational Safety and Health Administration 1910.1001 longer than 5 micrometers, per cubic centimeter of air, as determined by the method prescribed in paragraph (e) of this section. (3) Ceiling concentration. No em ployee shall be exposed at any time to airborne concentrations of asbestos fibers in excess of 10 fibers, longer than 5 micrometers, per cubic centi meter of air, as determined by the method prescribed in paragraph (e) of this section. (c) Methods of compliance--(1) Engi neering methods, (i) Engineering con trols. Engineering controls, such as, but not limited to, isolation, enclosure, exhaust ventilation, and dust collec tion, shall be used to meet the expo sure limits prescribed in paragraph (b) of this section. (ii) Local exhaust ventilation, (a) Local exhaust ventilation and dust col lection systems shall be designed, con structed, installed, and maintained in accordance with the American Nation al Standard Fundamentals Governing the Design and Operation of Local Ex haust Systems, ANSI Z9.2-1971, which is incorporated by reference herein. (b) See 1910.6 concerning the avail ability of ANSI Z9.2-1971, and the maintenance of a historic file in con nection therewith. The address of the American National Standards Insti tute is given in 1910.100. (iii) Particular tools. All hand-oper ated and power-operated tools which may produce or release asbestos fibers in excess of the exposure limits pre scribed in paragraph (b) of this sec tion, such as, but not limited to, saws, scorers, abrasive wheels, and drills, shall be provided with local exhaust ventilation systems in accordance with subdivision (ii) of this subparagraph. (2) Work practices--(i) Wet methods. Insofar as practicable, asbestos shall be handled, mixed, applied, removed, cut, scored, or otherwise worked in a wet state sufficient to prevent the emission of airborne fibers in excess of the exposure limits prescribed in para graph (b) of this section, unless the usefulness of the product would be di minished thereby. (ii) Particular products and oper ations. No asbestos cement, mortar, coating, grout, plaster, or similar ma terial containing asbestos shall be re moved from bags, cartons, or other containers in which they are shipped, without being either wetted, or en closed, or ventilated so as to prevent effectively the release of airborne as bestos fibers in excess of the limits prescribed in paragraph (b) of this sec tion. (iii) Spraying, demolition, or remov al. Employees engaged in the spraying of asbestos, the removal, or demolition of pipes, structures, or equipment cov ered or insulated with asbestos, and in the removal or demolition of asbestos insulation or coverings shall be pro vided with respiratory equipment in accordance with paragraph (d)(2)(iii) of this section and with special cloth ing in accordance with paragraph (d)(3) of this section. (d) Personal protective equipment-- (1) Compliance with the exposure limits prescribed by paragraph (b) of this section may not be achieved by the use of respirators or shift rotation of employees, except: (1) During the time period necessary to install the engineering controls and to institute the work practices re quired by paragraph (c) of this sec tion; (ii) In work situations in which the methods prescribed in paragraph (c) of this section are either technically not feasible or feasible to an extent in sufficient to reduce the airborne con centrations of asbestos fibers below the limits prescribed by paragraph (b) of this section; or (iii) In emergencies. (iv) Where both respirators and per sonnel rotation are allowed by para graphs (d)(1) (i), (ii), or (iii) of this sec tion, and both are practicable, person nel rotation shall be preferred and used. (2) Where a respirator is permitted by paragraph (d)(1) of this section, it shall be selected from among those ap proved by the Bureau of Mines, De partment of the Interior, or the Na tional Institute for Occupational Safety and Health, Department of Health, Education, and Welfare, under the provisions of 30 CFR Part 11 (37 F.K. 6244, Mar. 25, 1972), and shall be used in accordance with subdivisions (i), (ii), (iii), and (iv) of this subpara graph. 581 CAPCO JEN 0000308  1910.1001 Title 29--Labor (i) Air purifying respirators. A reus able or single use air purifying respira tor. or a respirator described in para graphs (d)(2) (ii) or (iii) of this section, shall be used to reduce the concentra tions of airborne asbestos fibers in the respirator below the exposure limits prescribed in paragraph (b) of this sec tion, when the ceiling or the 8-hour time-weighted average airborne con centrations of asbestos fibers are rea sonably expected to exceed no more than 10 times those limits. (ii) Powered air purifying respira tors. A full facepiece powered air puri fying respirator, or a powered air puri fying respirator, or a respirator de scribed in paragraph (d)(2)(iii) of this section, shall be used to reduce the concentrations of airborne asbestos fibers in the respirator below the ex posure limits prescribed in paragraph (b) of this section, when the ceiling or the 8-hour time-weighted average con centrations of asbestos fibers are rea sonably expected to exceed 10 times, but not 100 times, those limits. (iii) Type "C" supplied-air respira tors, continuous flow or pressuredemand class. A type "C" continuous flow or pressure-demand, supplied-air respirator shall be used to reduce the concentrations of airborne asbestos fibers in the respirator below the ex posure limits prescribed in paragraph (b) of this section, when the ceiling or the 8-hour time-weighted average air borne concentrations of asbestos fibers are reasonably expected to exceed 100 times those limits. (iv) Establishment of a respirator program, (o) The employer shall es tablish a respirator program in accord ance with the requirements of the American National Standards Prac tices for Respiratory Protection, ANSI Z88.2-1969, which is incorporated by reference herein. (b) See 1910.6 concerning the avail ability of ANSI Z88.2-1969 and the maintenance of a historic file in con nection therewith. The address of the American National Standards Insti tute is given in 1910.100. (c) No employee shall be assigned to tasks requiring the use of respirators if, based upon his most recent exami nation, an examining physician deter mines that the employee will be unable to function normally wearing a respirator, or that the safety or health of the employee or other employees will be impaired by his use of a respi rator. Such employee shall be rotated to another job or given the opportuni ty to transfer to a different position whose duties he is able to perform with the same employer, in the same geographical area and with the same seniority, status, and rate of pay he had just prior to such transfer, if such a different position is available. (3) Special clothing: The employer shall provide, and require the use of, special clothing, such as coveralls or similar whole body clothing, head co verings, gloves, and foot coverings for any employee exposed to airborne con centrations of asbestos fibers, which exceed the ceiling level prescribed in paragraph (b) of this section. (4) Change rooms: (i) At any fixed place of employment exposed to air borne concentrations of asbestos fibers in excess of the exposure limits pre scribed in paragraph (b) of this sec tion, the employer shall provide change rooms for employees working regularly at the place. (ii) Clothes lockers: The employer shall provide two separate lockers or containers for each employee, so sepa rated or isolated as to prevent con tamination. of the employee's street clothes from his work clothes. (iii) Laundering: (a) Laundering of asbestos contaminated clothing shall be done so as to prevent the release of air-borne asbestos fibers in excess of the exposure limits prescribed in para graph (b) of this section. (6) Any employer who gives asbes tos-contaminated clothing to another person for laundering shall inform such person of the requirement in paragraph (d)(4)(iii)(a) of this section to effectively prevent the release of airborne asbestos fibers in excess of the exposure limits prescribed in para graph (b) of this section. (c) Contaminated clothing shall be transported in sealed impermeable bags, or other closed, impermeable containers, and labeled in accordance with paragraph (g) of this section. (e) Method of measurement All de terminations of airborne concentra tions of asbestos fibers shall be made 582 CAPCO JEN 0000309 Chapter XVII--Occupational Safety and Health Administration 1910.1001 by the membrane filter method at 40C-450 x (magnification) (4 millime ter objective) with phase contrast illu mination. (f) Monitoring--(1) Initial determi nations. Within 6 months of the publi cation of this section, every employer shall cause every place of employment where asbestos libers are released to be monitored in such a way as to de termine whether every employee's ex posure to asbestos fibers is below the limits prescribed in paragraph (b) of this section. If the limits are exceeded, the employer shall immediately under take a compliance program in accord ance with paragraph (c) of this sec tion. (2) Personal monitoring--(i) Sam ples shall be collected from within the breathing zone of the employees, on membrane filters of 0.8 micrometer porosity mounted in an open-face filter holder. Samples shall be taken for the determination of the 8-hour time-weighted average airborne con centrations and of the ceiling concen trations of asbestos fibers. (ii) Sampling frequency and pat terns. After the initial determinations required by paragraph (f)(1) of this section, samples shall be of such fre quency and pattern as to represent with reasonable accuracy the levels of exposure of employees. In no case shall the sampling be done at intervals greater than 6 months for employees whose exposure to asbestos may rea sonably be foreseen to exceed the limits prescribed by paragraph (b) of this section. (3) Environmental monitoring--(i) Samples shall be collected from areas of a work environment which are rep resentative of the airborne concentra tions of asbestos fibers which may reach the breathing zone of employ ees. Samples shall be collected on a membrane filter of 0.8 micrometer po rosity mounted in an open-face filter holder. Samples shall be taken for the determination of the 8-hour timeweighted average airborne concentra tions and of the ceiling concentrations of asbestos fibers. (ii) Sampling frequency and pat terns. After the initial determinations required by paragraph (f)(1) of this section, samples shall be of such fre quency and pattern as to represent with reasonable accuracy the levels of exposure of the employees. In no case shall sampling be at intervals greater than 6 months for employees whose exposures to asbestos may reasonably be foreseen to exceed the exposure limits prescribed in paragraph (b) of this section. (4) Employee observation of moni toring. Affected employees, or their representatives, shall be given a rea sonable opportunity to observe any monitoring required by this paragraph and shall have access to the records thereof. (g) Caution signs and labels. (1) Caution signs. <i) Posting. Caution signs shall be provided and displayed at each location where airborne con centrations of asbestos fibers may be in excess of the exposure limits pre scribed in paragraph (b) of this sec tion. Signs shall be posted at such a distance from such a location so that an employee may read the signs and take necessary protective steps before entering the area marked by the signs. Signs shall be posted at all approaches to areas containing excessive concen trations of airborne asbestos fibers. (ii) Sign specifications. The warning signs required by paragraph (g)(l)(i) of this section shall conform to the requirements of 20" x 14" vertical format signs specified in 1910.145(d)(4), and to this subdivi sion. The signs shall display the fol lowing legend in the lower panel, with letter sizes and styles of a visibility at least equal to that specified in this subdivision. Legend Asbestos....................................... Dust Hazard.................................. Avoid Breathing Dust................... Wear Assigned Protective Equipment. Do Not Remain In Area Unless Your Work Requires It. Breathing Asbestos Dust May Be Hazardous To Your Health. Notation t" Sans Seri!, Gothic or Block. Y<" Sans Serif. Gothic or Block. '/<' Gothic. '/' Gothic. Vt" Gothic. 14 point Gothic. Spacing between lines shall be at least equal to the height of the upper of any two lines. (2) Caution labels--(i) Labeling. Cau tion labels shall be affixed to all raw materials, mixtures, scrap, waste, debris, and other products containing 40-075 0--79------38 583 CAPCO JEN 0000310  1910.1001 Title 29--Labor asbestos fibers, or to their containers, except that no label is required where asbestos fibers have been modified by a bonding agent, coating, binder, or other material so that during any rea sonably foreseeable use, handling, storage, disposal, processing, or trans portation, no airborne concentrations of asbestos fibers in excess of the ex posure limits prescribed in paragraph (b) of this section will be released. (ii) Label specifications. The caution labels required by paragraph (g)(2Xi) of this section shall be printed in let ters of sufficient size and contrast as to be readily visible and legible. The label shall state: Caution Contains Asbestos Fibers Avoid Creating Dust Breathing Asbestos Dust May Cause Serious Bodily Harm (h) Housekeeping--i 1) Cleaning. All external surfaces in any place of em ployment shall be maintained free of accumulations of asbestos fibers if, with their dispersion, there would be an excessive concentration. (2) Waste disposal. Asbestos Waste, scrap, debris, bags, containers, equip ment, and asbestos-contaminated clothing, consigned for disposal, which may produce in any reasonably fore seeable use, handling, storage, process ing, disposal, or transportation air borne concentrations of asbestos fibers in excess of the exposure limits pre scribed in paragraph (b) of this section shall be collected and disposed of in sealed impermeable bags, or other closed, impermeable containers. (i) Recordkeeping--(1) Exposure rec ords. Every employer shall maintain records of any personal or environ mental monitoring required by this section. Records shall be maintained for a period of at least 20 years and shall be made available upon request to the Assistant Secretary of Labor for Occupational Safety and Health, the Director of the National Institute for Occupational Safety and Health, and to authorized representatives of either. (2) Employee access. Every employee and former employee shall have rea sonable access to any record required to be maintained by paragraph (i)(l) of this section, which indicates the " nployee's own exposure to asbestos lioers. (3) Employee notification. Any em ployee found to have been exposed at any time to airborne concentrations of asbestos fibers in excess of the limits prescribed in paragraph (b) of this sec tion shall be notified in writing of the exposure as soon as practicable but not later than 5 days of the finding. The employee shall also be timely no tified of the corrective action being taken. (j) Medical examinations--ID Gen eral. The employer shall provide or make available a( his cost, medical ex aminations relative to exposure to as bestos required by this paragraph. (2) Preplacement, The employer shall provide or make available to each of his employees, within 30 calen dar days following his first employ ment in an occupation exposed to air borne concentrations of asbestos fibers, a comprehensive medical exam ination, which shall include, as a mini mum, a chest roentgenogram (posteri or-anterior 14 x 17 inches), a history to elicit symptomatology of respira tory disease, and pulmonary function tests to include forced vital capacity (FVC) and forced expiratory volume at 1 second (FEVi.o). (3) Annual examinations. On or before January 31, 1973, and at least annually thereafter, every employer shall provide, or make available, com prehensive medical examinations to each of his employees engaged in occu pations exposed to airborne concentra tions of asbestos fibers. Such annual examination shall include, as a mini mum, a chest roentgenogram (posteri or-anterior 14 x 17 inches), a history to elicit symptomatology of respira tory disease, and pulmonary function tests to include forced vital capacity (FVC) and forced expiratory volume at 1 second (FEV1.0). (4) Termination of employment The employer shall provide, or make avail able, within 30 calendar days before or after the termination of employment of any employee engaged in an occu pation exposed to airborne concentra tions of asbestos fibers, a comprehen sive medical examination which shall 584 CAPCO JEN 0000311 Chapter XVII--Occupational Safety and Health Administration include, as a minimum, a chest roent- gei.ogram (posterior-anterior 14 x 17 inches), a history to elicit symptoma tology of respiratory disease, and pul monary function tests to include forced vital capacity (FVC) and forced expiratory volume at 1 second (FEV,.,,>. (5) Recent examinations. No medical examination is required of any em ployee, if adequate records show that the employee has been examined in accordance with this paragraph within the past 1-year period. 78 (6) Medical records--(i) Mainte nance. Employers of employees exam ined pursuant to this paragraph shall 1910.19 Special provisions for air con cause to be maintained complete and taminants. accurate records of all such medical examinations. Records shall be re tained by employers for at least 20 years. (ii) Access. The contents of the rec ords of the medical examinations re quired by this paragraph shall be made available, for inspection and copying, to the Assistant Secretary of (a) Asbestos dust. Section 1910.1001 shall apply to the exposure of every employee to asbestos dust in every em ployment and place of employment covered by 1910.12, 1910.13, 1910.14, 1910.15, or 1910.16, in lieu of any dif ferent standard on exposure to asbes tos dust which would otherwise be ap plicable by virtue of any of those sec Labor for Occupational Safety and tions. Health, the Director of NIOSH, to au thorized physicians and medical con Note: Following defines sultants of either of them, and, upon the request of an employee or former additional occupational employee, to his physician. Any physi areas affected.by section cian who conducts a medical examina 1910.19 above: tion required by this paragraph shall furnish to the employer of the exam ined employee all the information spe 1910.12 - Construction cifically required by this paragraph, and any other medical information re lated to occupational exposure to as bestos fibers. Work (construc tion, alteration, and/or repair, in 139 FR 23502. June 27. 1974. Redesignated cluding painting at 40 FR 27073. May 28. 1975. and amended and decorating) at 41 FR 11505, Mar. 19, 19761 1910.13 - Ship repairing 1910.14 - Shipbuilding 1910.15 - Shipbreaking 1910.16 - Longshoring 585 CAPCO JEN 0000312 OCCUPATIONAL SAFETY AND HEALTH ADMINISTRATION The Occupational Safety and Health Administration (OSHA) was established by the Occupational Safety and Health Act of 1970 which became effective April 17, 1971. The Act has as its purpose, "to assure so far as possible every workinq man and woman in the nation safe and healthful working conditions..." Under the law, every worker involved in inter state commerce and who is not covered by any other federal Act superseding OSHA (e.g., the Federal Coal Mine Safety and Health Act and the Federal Metal and Nonmetallic Mine Safety Act) is protected. Such workers as agricultural and domestics, usually excluded under worker-oriented laws, are included. The law covers almost every working person: approximately 57 million people in some 4.1 million workplaces. No other piece of work legislation is as encompassing. The Act spells out a basic set of workers' rights and provides for recordkeeping requirements, statistics gathering and dissemination, and establishment of advisory and study committees. Two new agencies were created by the Act: OSHA within the Department of Labor charged with overall administration and enforcement and the National Institute for Occupational Safety and Health (NIOSH) within the Department of Health, Education and Welfare (HEW). NIOSH is responsible for research and manpower development. Its relationship to OSHA is mainly advisory. In addition, the Act created the semi judicial Occupational Safety and Health Review Commission (OSHRC) which is independent of both the Labor Department and HEW. OSHRC renders decisions on appeals from aggrieved parties, for the most part employers who feel they have been unjustly cited for an OSHA violation. OSHA is the chief safety and health regulatory agency within the federal government. Its primary functions are: Development and promulgation of safety and health standards; o Enforcement of federal safety and health standards; and D Implementation of a program whereby the states can assume responsibility for administering and enforcing their own safety and health programs. A 12-member National Advisory Committee for Occupational Safety and Health (NACOSH), appointed by the Secretary of A-5 CAPCO JEN 0000313 Labor, "advises, consults and makes recommendations" to the Assistant Secretary of Labor (OSHA) on matters relating to the OSH Act. To date, OSHA has promulgated only a few health standards as defined by the law. The standard for asbestos was the first health standard set by OSHA. In May of 1977, the Secretary of Labor announced "a common sense approach" to safety and health in workplaces with emphasis on occupational illness and disease. On October 4, 1977, the Department published in the Federal Register its proposed rule for "Identification, Classification and Regulation of Toxic Substances Posing a Potential Occupational Carcinogenic Risk." This concept of a generic cancer policy was designed by OSHA to permit the agency to expedite its considerations for regulation of hundreds of known or suspected carcinogens. Extensive hearings are expected on this proposal. As asbestos has been defined by OSHA as a carcinogen and is now regulated, what effect the proposed generic policy will have on further asbestos regulation is not known. OSHA's enforcement program revolves around some 1,000 inspectors or compliance officers located in OSHA's 10 regional, and 78 area offices. For the most part, inspectors are safety professionals whose job is to conduct on-site inspections of the workplace. OSHA's enforcement priorities are to investigate: Deaths and catastrophies; a Worker complaints; a Hazardous industries; and Randomly selected work sites. OSHA inspectors use four types of citations and two notices: (1) nonserious violation, (2) serious violation, (3) willful violation, (4) repeated violations, (5) de minimis notice, and (6) notice of alleged imminent danger. An employer may contest a citation or penalty. Such notice of intention to contest must be forwarded to the appropriate OSHA Area Director within 15 working days following receipt of citation or penalty. Decisions on contests of citations are made by the OSHRC. However, decisions may be appealed to a Circuit Court. The Act makes provision for OSHA to grant a variance from the requirements of health standards. An employer may apply for a temporary variance (if he cannot comply with a standard by its effective date) or for a permanent variance (if his employees are being protected by safety measures at least as effective as those specified in the standard). OSHA's policy is to complete action on variance requests within 120 days following their receipt. A-6 CAPCO JEN 0000314 OfHA considers voluntary programs for employee safety and health training an indication of "good faith." However, specific training programs are required for employees in certain jobs. The standard for asbestos requires training for wearers of respiratory protection. OSHA's state program effort was begun with a commitment to return to the states' primary responsibility for occu pational safety and health matters, provided that the states could meet the requirements of the law. OSHA's basic requirement for approving state plans is that a state is competent to enforce a plan which must be "at least as effective as" the federal regulations. The law provides that approved state programs are eligible for federal operating funds of 50 percent of the program. As a related matter, OSHA administers an on-site consultation program with the states. The objective of this program is to provide free on-site consultation to employers, with priority given to small business employers, in order that employers may have a greater understanding of their obligations under the federal or state OSH Acts. On site consultation activities are 90 percent funded at the federal level. In addition to specific recordkeeping requirements that may be required by health standards, OSHA requires employers to maintain a log and summary of occupational injuries and illnesses (OSHA Form 200) and to post an annual summary of occupational injuries and illnesses. Copies of recordkeeping forms are available from OSHA regional offices (see page A-8). A-7 CAPCO JEN 0000315 OSHA REGIONAL OFFICES Correspondence to OSHA regional offices should be addressed to the U.S. Department of Labor, Occupational Safety and Health Administration at the following addresses: Region I: Connecticut, Maine, Massachusetts, New Hampshire, Rhode Island and Vermont Region VI: Arkansas, Louisiana, New Mexico, Oklahoma and Texas. J.F.K. Federal Building Room 1804 Government Center Boston, MA 02203 (617) 223-6712 555 Griffin Square Room 602 Dallas, TX 75202 (214) 749-2477 Region II: New Jersey, New York, the Canal Zone, Puerto Rico and the U.S. Virgin Isl. Room 3445 1 Astor Plaza 1515 Broadway New York, NY 10036 (212) 399-5941 Region VII: Iowa, Kansas, Missouri and Nebraska. 911 Walnut Street Room 3000 Kansas City, MO 64106 (816) 374-5861 Region III: Delaware, D.C. , Maryland, Pennsylvania, Va., and West Virginia. Region VIII: Colorado, Montana, North Dakota, South Dakota, Utah and Wyoming. Gateway Buiding Suite 2100 3535 Market Street Philadelphia, PA 19104 (215) 596-1201 Federal Building Room 15010 1961 Stout Street Denver, CO 80202 (303) 837-3883 Region IV: Alabama, Florida, Georgia, Kentucky, Mississippi, N. Carolina, S. Carolina and Tennessee. 1375 Peachtree Street, Suite 587 Atlanta, GA 20209 (404) 257-3573 NE Region IX: Arizona, Cal., Hawaii, Nevada, Guam, Am. Samoa and Trust Territory of the Pacific Islands. 9470 Federal Building 450 Golden Gate Avenue P.O. Box 36017 San Francisco, CA 94102 (415) 556-0586 Region V: Illinois, Indiana, Michigan, Minnesota, Ohio and Wisconsin. 230 S. Dearborn St. 32nd Floor--Room 3263 Chicago, IL 60604 (312) 353-4716 Region X: Alaska, Idaho, Oregon, and Washington. Federal Office Building Room 6048 909 First Avenue Seattle, WA 98174 (206) 442-5930 A-8 CAPCO JEN 0000316 CAPCO JEN 0000317 ASBESTOS REGULATIONS Environmental Protection Agency AIR Section 112 of the Clean Air Act of 1970 gives authority to the Administrator, Environmental Protection Agency (EPA) to set emissions standards for hazardous air pollutants. On March 31, 1971, EPA published its first list of hazardous air pollutants (asbestos, beryllium, and mercury). On December 7, 1971, EPA proposed a standard for control of asbestos fiber emissions. Following rulemaking procedures, the standard was issued on April 6, 1973, as part of the National Emissions Standards for Hazardous Air Pollutants (NESHAPS). The standard: Prohibits any visible emissions of asbestos from milling, manufacturing, and demolition activities; and Provides for the use of specified air cleaning procedures which may be used in lieu of meeting the no visible emissions requirement. Clarification of terminology in the standard was published on May 3, 1974. On October 14, 1975, EPA issued significant amendments to the standard particularly in the area of waste disposal. The definition of "structural member" as pertains to demolition and renovation was clarified in the Federal Register on March 2, 1977. The requirements of the provisions which apply to the spraying of asbestos-containing materials and to demolition and renovation operations were extended by Federal Register notice of June 19, 1978. These provisions now apply to the spraying of all materials which are friable and contain more than one percent asbestos by weight. However, materials in which the asbestos fibers are encapsulated with a bituminous or resinous binder and which are not friable after drying are exempt from the spraying provisions. In addition, as of June 19, 1978, the provisions of the standard which applied to demolition and renovation operations were extended to cover all friable asbestos materials. References: Federal Register, Vol. Vol. Vol. Vol. Vol. 38 Apr. 6, 1973 39 May 3, 1974 40 Oct. 14 , 1975 42 Mar. 2, 1977 43 June 19 J 1978 B-l CH-1 CAPCO JEN 0000318 EPA regulations state: There must be no visible em1' ssions to the outside air from asbestos mills or from ouildings in which the following types of products are manufactured: textile materials, cement products, fireproofing and insulating materials, friction products, paper, millboard, and felt floor tile, paints, coatings, caulks, adhesives, and plastics and rubber materials, chlorine, shotgun shells, and asphalt concrete sealants o Visible emissions are emissions which contain asbestos and which are visually detectable without the aid of instruments. Asbestos is defined as actinolite, amosite, anthophyllite, chrysotile, crocidolite and tremolite. Asbestos wastes are defined as wastes containing commercial asbestos. Specified air cleaning procedures may be used rather than meet the no visible emission requirement. These procedures require the use of fabric filters that meet EPA specifications, unless a fire or explosion hazard exists. In that case, wet collectors may be used. Other collection devices may be used if they are deemed equivalent by EPA. Bypass devices may be used only during emergency conditions and then only for as long as it takes to shut down the process generating the asbestos emission. Operators employing air cleaning procedures must report to EPA a description of the emission control equipment used in each process. The report must include, as appropriate, the pressure drop across a fabric filter, airflow permeabil ity, fabric density and minimum thickness. D Fabricators of cement building products, most friction products, and cement or silicate board must meet the "no visible emission" standard. There must be no visible emission to the outside air from any spray-on application of any material which is friable and contains more than one percent asbestos by weight. Twenty days before such operation may begin, notice of the work must be given to EPA. Materials in which the asbestos fibers are encapsulated with a bituminous or resinous binder ard which are not friable after drying are exempt from the spraying provisions. B-2 CH-1 CAPCO JEN 0000319 D It is the responsibility of the generator of asbestos wastes resulting from manufacturing, fabrication, demolition, renovation and spraying operations to ensure that the waste is disposed of in a properly operated disposal site. No visible emissions may result from any disposal operation. Alternatively, the wastes may be mixed with water and sealed in a labeled, leaktight container and deposited at a disposal site or they may be formed into nonfriable forms and deposited at a disposal site. Wastes from asbestos mills are subject to the "no visible emission" standard. The standard can be satisfied by wetting the wastes during trans fer and deposition at the disposal site. o Active waste disposal sites that are acceptable for the deposit of asbestos wastes must not have visible emissions and must have warning signs and fences erected around the property. The standard may also be met by covering the wastes daily with nonasbestos cover material or by applying a resinous dust suppression agent. Warning signs and fences are not required if natural barriers deter public access to the site or if the site is covered daily with non asbestos material. o Present owners of inactive disposal sites that once received wastes from sources covered by these regulations must meet the "no visible emission" standard and must erect warning signs and fences around the site. The owner may cover the site with nonasbestos material or, in the case of inactive tailings piles, may apply resinous dust suppression agents. Where the covering material is applied or where natural barriers deter public access to the site, fences and warning signs are not required. a Notification of intention to demolish a building containing friable asbestos must be made to EPA at least 10 days prior to the start of work. Notification must include dates of the work, location, type, and method of demolition. Reports on demolition operations involving less than 80 meters (of pipe insulation) or 15 square meters (of other asbestos insulation) need include only the location and dates of the demolition and must be submitted to EPA 20 B-3 CAPCO JEN 0000320 days prior to commencement of work. Renovation work involving more than 80 meters or 15 square meters of asbestos must also be reported to EPA. Planned renovations that involve a series of individually nonscheduled operations must be reported to EPA if the total amount of asbestos estimated to be removed during the work is greater than 80 meters or 15 square meters. The estimate must be made for the maximum period (between 30 days and one year) for which the amount of asbestos to be removed can be predicted. When the total amount of asbestos involved is greater than the cutoff specified, all work may be reported on a single form. All demolition and renovation work involving more than 80 meters or 15 square meters of friable asbestos must employ emission control procedures which require the careful removal of items and waste containing asbestos and the wetting of asbestos wastes. If wetting would result in unavoidable damage, local exhaust and ventilation systems may be used provided the emissions from the system meet the "no visible emission" standard. Roadways may not be surfaced .with asbestos except in the case of temporary roadways on asbestos ore deposits. WATER Under the authority of the Federal Water Pollution Control Act Amendments of 1972, EPA, on October 30, 1973, proposed regulations on wastewater effluents. Effluent limi tation guidelines for the first seven subcategories (A through G) of the asbestos manufacturing point source category were promulgated on February 26, 1974. In addition to the guide lines, these regulations include standards of performance for all new point sources within the subcategories as well as pretreatment standards for new plants which discharge to municipal sewer systems. These guidelines and standards establish limits on the amount of total suspended solids (TSS), chemical oxygen demand (COD), and the level of pH in the wastewater that may be discharged to waterways. On January 9, 1975, regulations were promulgated setting forth the effluent limitation guidelines, new source performance standards, and B-4 CAPCO JEN 0000321 new source pretreatment requirements for subcategories H through K. Also, on February 11, 1975, pretreatment standards for existing sources in subcategories A through G were pro mulgated. (Pretreatment standards for existing sources in subcategories H through K will be forwarded for inclusion in this handbook when promulgated.) Minor editorial corrections to the January 9, 1975, document were published on April 25, 1975. The Federal Water Pollution Control Act Amendments of 1972 require that all industrial sources treat effluent by applying the best practicable control technology currently available (BPT) by July 1, 1977. The Act "as amended also requires the same sources to use the best available control technology economically achievable (BAT) by July 1, 1984. The effluent limitation guidelines establish the degree of effluent quality that is necessary to meet the BPT and BAT requirements. Effluent quality is expressed in terms of total suspended solids and pH for all subcategories. Two subcategories also have a chemical oxygen demand standard. references: Federal Register, Vol. 39, Feb. 26, 1974 Vol. 40, Jan. 9, 1975 Vol. 40, Feb. II, 1975 Vol. 40, Apr. 25, 1975 Vol. 44, Aug. 29, 1979 According to the regulations, the effluent limitations, standards of performance for new sources, and pretreatment standards are as follows: Subcategory A--Asbestos-Cement Pipe )( 3c5T PAACTiLA BUI TCUtlC^O>i BPT requirements gZiT AMM8U BAT requirement New source performance standard Pretreatment standards (new sources) (existing sources) one day maximum 30 day average t^tal 5*:i>POMbci zctjbS TSS 1.14* 0.38* pH within the range of 6.0 to 9.0 No discharge of process wastewater to navigable waters Same as BPT requirements No discharge of incompatible pollutants Same as new sources, no limit on discharge of TSS or pH *lb/ton of product B-5 CH-1 CAPCO JEN 0000322 Subcateqory B--Asbestos-Cement Sheet one day maximum 30 day average BPT requirements BAT requirement New source performance standard Pretreatment Standards (new sources) (existing sources) TSS 1.35* 0.45* pH within the range of 6.0 to No discharge of process wastewater to navigable waters Same as BAT requirement No discharge of incompatible Same as new sources, no limit on discharge of TSS or pH 9.0 pollutants Subcateqory C--Asbestos Paper (Starch Binder) one day maximum 30 day average BPT requirements TSS 1.10* 0.70* pH within the ranae of 6.0 to 9.0 BAT requirement No discharge of process wastewater to navigable waters New source performance Same as BAT requirement standard Pretreatment standards (new sources) No discharge of incompatible pollutants (existing sources) Same as new sources, no limit on discharge of TSS or pH Subcateqory D--Asbestos Paper (Elastomeric Binder) one day maximum 30 day average BPT requirements TSS 1.10* 0.70* pH within the range of 6.0 to 9.0 BAT requirement No discharge of process wastewater to navigable waters New source performance Same as BPT requirements standard Pretreatment standards (new sources) No discharge of incompatible pollutants (existing sources) Same as new sources, no limit on discharge of TSS or pH *lb/ton of product B-6 CH-1 CAPCO JEN 0000323 Subcategory E--Asbestos Millboard BPT requirement No discharge of process wastewater to navigable waters BAT requirement Same as BPT requirement. New source performance Same as BPT requirement standard Pretreatment standards (new sources) No discharge of incompatible pollutants (existing sources) Same as new sources, no limit on discharge of TSS or pH Subcategory F--Asbestos Roofing BPT requirements one day maximum aiHtc.bt- COD 0.029* TSS 0.020* pH within the range 30 day average 0.016* 0.012* of 6.0 to 9.0 BAT requirement No discharge of process wastewater to navigable waters New source performance Same as BAT requirement standard Pretreatment standards (new sources) No discharge of incompatible pollutants (existing sources) Same as new sources, no limit on discharge of TSS, COD or pH Subcategory H--Coating or Finishing of Asbestos Textiles BPT requirement No discharge of process wastewater to navigable waters BAT requirement Same as BPT requirement New source performance Same as BPT requirement standard Pretreatment standard (new sources) No discharge of incompatible pollutants, no limit on discharge of TSS, COD or pH Subcategory I--Solvent Recovery one day maximum 30 day average BPT requirements BAT requirement BCT requirement COD 0.30** 0.15** TSS 0.18** 0.09** pH within the range of 6.0 to 9i0 Same as BPT requirement for COD Same as BPT requirement for TSS and pH *lb/ton of product **lbs/l,000 lbs of finished asbestos product B-7 CH-1 CAPCO JEN 0000324 Subcategory I--Solvent Recovery (cont'd) one day maximum 30 day average New source performance. Same as BPT Requirement standard Pretreatment standard (new sources) No discharge of incompatible pollutants no limitation on discharge of TSS, COD or pH Subcategory J--Vapor Absorption BPT requirement No discharge of wastewater pollutants to navigable waters BAT requirement Same as BPT requirement New source performance Same as BPT requirement standard Pretreatment standard (new sources) No discharge of incompatible pollutants, no limitation on discharge of TSS, COD or pH Subcategory K--Wet Dust Collection one day maximum 30 day average BPT requirement TSS 5.0 (lb/million std 2.50 (lb/million cu ft of air scrubbed) std cu ft of air scrubbed) pH within the range of 6.0 to 9.0 BAT requirement No discharge of wastewater pollutants to navigable waters New source performance Same as BAT requirement standard Pretreatment standard (new sources). No discharge of incompatible pollutants, no limitation on discharge of TSS, COD or pH B-8 CH-1 CAPCO JEN 0000325 EPA Emission Regulation CAPCO JEN 0000326 Part 61 Title 40--Protection of Environment Subpart 0--National Emission Standard for Beryllium Rocket Motor Firing Code Title 40 6L40 Applicability. of Federal Regulations^ Definitions. Emission standard. Parts 60 to 80 61.43 Emission testing--rocket firing or propellant disposal. 61.44 Stack sampling. Revised as of July 1, 1979 Subpart E--National Emission Standard for Mercury PART 61--NATIONAL EMISSION STANDARDS FOR HAZARDOUS AIR POLLUTANTS 61.50 Applicability. 61.51 Definitions. 61.52 Emission standard. 61.53 Stack sampling. 61.54 Sludge sampling. 61.55 Emission monitoring. Subpart F--National Emission Standard for Vinyl Chloride Subpart A--General Provisions Sec. 61.01 Applicability. 61.02 Definitions. 61.03 Units and abbreviations. 61.04 Address. 61.05 Prohibited activities. 61.06 Determination of construction or modification. 61.07 Application for approval of construc tion or modification. 61.08 Approval by Administrator. 61.09 Notification of startup. 61.10 Source reporting and waiver request. 61.11 Waiver of compliance. 61.12 Emission tests and monitoring. 61.13 Waiver of emission tests. 61.14 Source test and analytical methods. 61.15 Availability of information. 61.16 State authority. 61.17 Circumvention. Subpart B--National Emission Standard for Asbestos 61.20 61.21 61.22 61.23 V 61.24 61.25 Applicability. Definitions. Emission standard. Air-cleaning. Reporting. Waste disposal sites. Subpart C--National Emission Standard for Beryllium 61.30 61.31 61.32 61.33 61.34 Applicability. Definitions. Emission standard. Stack sampling. Air sampling. 61.60 Applicability. 61.61 Definitions. 61.62 Emission standard for ethylene di- chloride plants. 61.63 Emission standard for vinyl chloride plants. 61.64 Emission standard for polyvinyl chlo ride plants. 61.65 Emission standard for ethylene di chloride, vinyl chloride and polyvinyl chloride plants. 61.66 Equivalent equipment and proce dures. 61.67 Emission tests. 61.68 Emission monitoring. 61.69 Initial report. 61.70 Semiannual report. 61.71 Recordkeeping. Appendix A--National Emission Standards for Hazardous Air Pollutants, Compli ance Status Information. Appendix B--Test Methods. Method 101--Reference method for deter mination of particulate and gaseous mercury emissions from stationary sources (air streams). Method 102--Reference method for deter mination of particulate and gaseous mercury emissions from stationary sources (hydrogen streams). Method 103--Beryllium screening method. Method 104--Reference method for deter mination of beryllium emissions from stationary sources. Method 105--Method for determination of mercury in wastewater treatment plant sewage sludges. Method 106--Determination of vinyl chlo ride from stationary sources. Method 107--Determination of vinyl chlo ride of inprocess wastewater samples, and vinyl chloride content of polyvinyl 284 CAPCO JEN 0000327 Chopter I--Environmental Protection Agency 61.02 chloride resin, slurry, wet cake, and latex samples. Authority: Sec. 112, 301(a), Clean Air Act as amended (42 U.S.C. 7412, 7601(a)), unless otherwise noted. Source: 38 FR 8826, Apr. 6, 1973, unless otherwise noted. Subpart A--General Provisions 61.01 Applicability. The provisions of this part apply to the owner or operator of any station ary source for which a standard is pre scribed under this part. 61.02 Definitions. As used in this part, all terms not de fined herein shall have the meaning given them in the act: (a) "Act" means the Clean Air Act (42 U.S.C. 1857 etseq.). (b) "Administrator" means the Ad ministrator of the Environmental Pro tection Agency or his authorized rep resentative. (c) "Alternative method" means any method of sampling and analyzing for an air pollutant which is not a refer ence method or an equivalent method but which has been demonstrated to the Administrator's satisfaction to produce, in specific cases, results ade quate for his determination of compli ance. (d) "Commenced" means that an owner or operator has undertaken a continuous program of construction or modification or that an owner or oper ator has entered into a contractual ob ligation to undertake and complete, within a reasonable time, a continuous program of construction or modifica tion. (e) "Compliance schedule" means the date or dates by which a source or category of sources is required to comply with the standards of this part and with any steps toward such com pliance which are set forth in a waiver of compliance under 61.11. (f) "Construction" means fabrica tion, erection, or installation of a sta tionary source. (g) "Effective date" is the date of promulgation in the Federal Register of an applicable standard or other reg ulation under this part. (h) "Equivalent method" means any method of sampling and analyzing for an air pollutant which has been dem onstrated to the Administrator's satis faction to have a consistent and quan titatively known relationship to the reference method, under specified con ditions. (i) "Existing source" means any sta tionary source which is not a new source. (j) "Modification" means any physi cal change in, or change in the method of operation of, a stationary source which increases the amount of any hazardous air pollutant emitted by such source or which results in the emission of any hazardous air pollut ant not previously emitted, except that: (1) Routine maintenance, repair, and replacement shall not be considered physical changes, and (2) The following shall not be con sidered a change in the method of op eration: (i) An increase in the production rate, if such increase does not exceed the operating design capacity of the stationary source; (ii) An increase in hours of oper ation. (k) "New source" means any station ary source, the construction or modifi cation of which is commenced after the publication in the Federal Regis ter of proposed national emission standards for hazardous air pollutants which will be applicable to such source. (l) "Owner or operator" means any person who owns, leases, operates, con trols, or supervises a stationary source. (m) "Reference method" means any method of sampling and analyzing for an air pollutant, as described in Ap pendix B to this part. (n) "Startup" means the setting in operation of a stationary source for any purpose. (o) "Standard" means a national emission standard for a hazardous air pollutant proposed or promulgated under this part. (p) "Stationary source" means any building, structure, facility, or installa tion which emits or may emit any air pollutant which has been designated as hazardous by the Administrator. [38 FR 8826, Apr. 6, 1973, as amended at 39 FR 15398, May 3. 1974] 285 CAPCO JEN 0000328  61.03 Title 40--Protection of Environment 61.03 Units and abbreviations. Used in this part are abbreviations and symbols of units of measure. These are defined as follows: (a) System International (SI) units of measure: A=ampere g=gram Hz=hertz J=joule K = degree Kelvin kg=kilogram m = meter m3= cubic meter mg=milligram = 10 `3 gram mm = millimeter = 10 "3 meter Mg = megagram= 10"6 gram mol = mole N = newton ng = nanogram = 10 ~9 gram nm = nanometer = 10'9 meter Pa = pascal s=second V = volt W=w'att n = ohm fig = microgram = 10 *6 gram (b) Other units of measure: C = degree Celsius (centigrade) cfm = cubic feet per minute cc = cubic centimeter d=day "F = degree Fahrenheit ft 3= square feet ft 3= cubic feet gal=gallon in = inch in Hg=inches of mercury in H,0 = inches of wrater l=liter lb-pound lpm = liter per minute min=minute ml=milliliter = 10`3liter oz=ounces psig = pounds per square inch gage "R=degree Rankine fil = microliter = 10 '* liter v/v = volume per volume yd5=square yards yr=year (c) Chemical nomenclature: Be=beryllium Hg=mercury H20=water (d) Miscellaneous: act=actual avg = average I.D. = inside diameter M = molar N = normal O.D. = outside diameter % = percent std=standard (Secs. 112 and 1(a), Clean Air Act, as amended (42 U.S.C. 1857c-7, 1857g(a))) [42 FR 51574, Sept. 29, 1977] 61.04 Address. (a) All requests, reports, applica tions, submittals, and other communi cations to the Administrator pursuant to this part shall be submitted in du plicate and addressed to the appropri ate Regional Office of the Environ mental Protection Agency, to the at tention of the Director, Enforcement Division. The regional offices are as follows: Region I (Connecticut, Maine, New Hamp shire, Massachusetts, Rhode Island, Ver mont), John F. Kennedy Federal Building, Boston, Massachusetts 02203. Region II (New York. New Jersey, Puerto Rico, Virgin Islands), Federal Office Build ing, 26 Federal Plaza (Foley Square), New York, N.Y. 10007. Region III (Delaware, District of Colum bia, Pennsylvania, Maryland, Virginia, West Virginia), Curtis Building, Sixth and Walnut Streets, Philadelphia, Pennsylvania 19106. Region IV (Alabama, Florida, Georgia, Mississippi, Kentucky, North Carolina, South Carolina. Tennessee), Suite 300, 1421 Peachtree Street, Atlanta, Georgia 30309. Region V (Illinois, Indiana, Minnesota, Michigan, Ohio, Wisconsin), 230 South Dearborn Street, Chicago, Illinois 60604. Region VI (Arkansas, Louisiana, New Mexico, Oklahoma. Texas), 1600 Patterson Street, Dallas. Texas 75201. Region VII (Iowa, Kansas, Missouri, Ne braska), 1735 Baltimore Street, Kansas City, Missouri 63108. Region VIII (Colorado, Montana. North Dakota, South Dakota, Utah, Wyoming), 196 Lincoln Towers, 1860 Lincoln Street, Denver, Colorado 80203. Region IX (Arizona, California, Hawaii, Nevada, Guam, American Samoa), 100 Cali fornia Street, San Francisco, California 94111. Region X (Washington, Oregon, Idaho, Alaska), 1200 Sixth Avenue, Seattle, Wash ington 98101. (b) Section 112(d) directs the Admin istrator to delegate to each State, when appropriate, the authority to im plement and enforce the national emission standards for hazardous air pollutants for stationary sources locat ed in such State. All information re quired to be submitted to EPA under paragraph (a) -of this section, must 286 CAPCO JEN 0000329 Chapter I--Environmental Protection Agency 61.04 also be submitted to the appropriate State Agency of any State to which this authority has been delegated (provided, that each specific delega tion may exempt sources from a cer tain federal or State reporting require ment). The appropriate mailing ad dress for those States whose delega tion request has been approved is as follows: (A) [Reserved] (B) State of Alabama, Air Pollution Con trol Division. Air Pollution Control Commis sion, 645 S. McDonough Street, Montgom ery, Alabama 36104. (C) [Reserved] (D) Arizona. Maricopa County Department of Health Services, Bureau of Air Pollution Control, 1825 East Roosevelt Street, Phoenix, Ariz. 85006. Pima County Health Department, Air Quality Control District, 151 West Congress, Tucson, Ariz. 85701. (E) [Reserved] (F) California. Bay Area Air Pollution Control District, 939 Ellis Street, San Francisco, Calif. 94109. Del Norte County Air Pollution Control District, Courthouse, Crescent City, Calif. 95531. Fresno County Air Pollution Control Dis trict, 515 South Cedar Avenue, Fresno, Calif. 93702 Humboldt County Air Pollution Control District, 5600 South Broadway, Eureka, Calif. 95501. Kern County Air Pollution Control Dis trict, 1700 Flower Street (P.O. Box 997), Ba kersfield, Calif. 93302. Madera County Air Pollution Control Dis trict, 135 West Yosemite Avenue, Madera, Calif. 93637. Mendocino County Air Pollution Control District, County Courthouse, Ukiah, Calif. 94582. Monterey Bay Unified Air Pollution Con trol District, 420 Church Street (P.O. Box 487), Salinas, Calif. 93901. Northern Sonoma County Air Pollution Control District, 3313 Chanate Road, Santa Rosa, Calif. 95404. Sacramento County Air Pollution Control District, 3701 Branch Center Road, Sacra mento, Calif. 95827. San Diego County Air Pollution Control District, 9150 Chesapeake Drive, San Diego, Calif. 92123. San Joaquin County Air Pollution Control District, 1601 East Hazelton Street (P.O. Box 2009), Stockton, Calif. 95201. Santa Barbara County Air Pollution Con trol District, 4440 Calle Real, Santa Bar bara, Calif. 93110. Shasta County Air Pollution Control Dis trict, 1855 Placer Street, Redding, Calif. 96001. South Coast Air Quality Management Dis trict, 9420 Telstar Avenue, El Monte, Calif. 91731. Stanislaus County Air Pollution Control District, 820 Scenic Drive, Modesto, Calif. 95350. Trinity County Air Pollution Control Dis trict, Box AJ, Weaverville, Calif. 96093. Ventura County Air Pollution Control District, 625 East Santa Clara Street, Ven tura, Calif. 93001. (G) State of Colorado, Colorado Air Pollu tion Control Division. 4210 East 11th Avenue, Denver, Colorado 80220. (H) State of Connecticut, Department of Environmental Protection, State Office Building, Hartford, Connecticut 06115. (I) State of Delaware (for asbestos, beryl lium and mercury only): Delaware Depart ment of Natural Resources and Environ mental Control, Edward Tatnall Building, Dover, Delaware 19901. (J)-(K) [Reserved] (L) State of Georgia, Environmental Pro tection Division, Department of Natural Re sources, 270 Washington Street, S.W., At lanta, Georgia 30334. (M)-(O) [Reserved] (P) State of Indiana, Indiana Air Pollution Control Board, 1330 West Michigan Street, Indianapolis, Indiana 46206. (Q)-(R) [Reserved] (S) Division of Air Pollution Control, De partment for Natural Resources and Envi ronmental Protection, U.S. 127, Frankfort, Ky. 40601. (T) [Reserved] (U) State of Maine, Department of Envi ronmental Protection, State House, Augus ta, Maine 04330. (V) [Reserved] (W) Massachusetts Department of Envi ronmental Quality Engineering, Division of Air Quality Control, 600 Washington Street, Boston, Massachusetts 02111. (X) 'State of Michigan, Air Pollution Con trol Division, Michigan Department of Nat ural Resources, Stevens T. Mason Building, 8th Floor, Lansing, Michigan 48926. (Y) Minnesota Pollution Control Agency. Division of Air Quality, 1935 West County Road B-2, Roseville, Minn. 55113. (Z) [Reserved] (AA) [Reserved] (BB) State of Montana, Department of Health and Environmental Sciences, Cogs well Building, Helena, Mont. 59601. (CC) [Reserved] (DD) Nevada. Clark County, County District Health De partment, Air Pollution Control Division, 625 Shadow Lane, Las Vegas, Nev. 89106. Washoe County District Health Depart ment, Division of Environmental Protection, 10 Kirman Avenue, Reno, Nev. 89502. (EE) New Hampshire Air Pollution Con trol Agency, Department of Health and Welfare, State Laboratory Building, Hazen Drive, Concord, New Hampshire 03301. 287 CAPCO JEN 0000330  61.05 Title 40--Protection of Environment (FF) State of New Jersey: New Jersey De partment of Environmental Protection, John Fitch Plaza, P.O. Box 2807, Trenton, New Jersey 08625. (GG) [Reserved] (HH) New York: New York State Depart ment of Environmental Conservation, 50 Wolf Road, Albany, New York 12233, atten tion: Division of Air Resources. (II) North Carolina Environmental Man agement Commission, Department of Natu ral and Economic Resources, Division of En vironmental Management, P.O. Box 27687, Raleigh, North Carolina 27611. Attention: Air Quality Section. (JJ) State of North Dakota, State Depart ment of Health, State Capitol, Bismarck, North Dakota 58501. (KK)-(LL) [Reserved] (MM) State of Oregon, Department of En vironmental Quality, 1234 SW Morrison Street, Portland, Oregon 97205. (NNXa) Commonwealth of Pennsylvania (except for City of Philadelphia and Alle gheny County) Pennsylvania Department of Environmental Resources, Bureau of Air Quality and Noise Control, Post Office Box 2063, Harrisburg, Pennsylvania 17120. (b) City of Philadelphia. Philadelphia De partment of Public Health Air Management Services, 801 Arch Street, Philadelphia, Pennsylvania 19107. (OO) State of Rhode Island, Department of Environmental Management, 83 Park Street, Providence, R.I. 02908.____ (PP) State of South Carolina, Office of Environmental Quality Control, Depart ment of Health and Environmental Control, 2600 Bull Street, Columbia, South Carolina 29201. (QQ)-(RR) [Reserved) (SS) State of Texas. Texas Air Control Board, 8520 Shoal Creek Boulevard, Austin, Texas 78758. (TT) [Reserved] (UU) State of Vermont, Agency of Envi ronmental Protection, Box 489, Montpelier, Vermont 05602. (W) Commonwealth of Virginia, Virginia State Air Pollution Control Board, Room 1106, Ninth Street Office Building, Rich mond, Virginia 23219. (WWKi) Washington: State of Washing ton, Department of Ecology, Olympia, Washington 98504. (ii) Northwest Air Pollution Authority, 207 Pioneer Building, Second and Pine Streets, Mount Vernon, Washington 98273. (iii) Puget Sound Air Pollution Control Agency, 410 West Harrison Street, Seattle, Washington 98119. (iv) Spokane County Air Pollution Control Authority, North 811 Jefferson, Spokane, Washington 99201. (v) Yakima County Clean Air Authority, County Courthouse, Yakima, Washington 98901. (vi) Olympic Air Pollution Control Au thority, 120 East State Avenue, Olympia, Washington 98501. (vii) Southwest Air Pollution Control Au thority, Suite 7601 H, NE Hazel Dell Avenue, Vancouver, Washington 98665. (XX) [Reserved] (YY) Wisconsin--Wisconsin Department of Natural Resources, P.O. Box 7921, Madi son, Wisconsin 53707. (ZZ) [Reserved] (AAA) [Reserved] (BBB) Commonwealth of Puerto Rico: Commonwealth of Puerto Rico Environ mental Quality Board, P.O. Box 11785, Santurce, P.R. 00910. (CCC) U.S. Virgin Islands: U.S. Virgin Is lands Department of Conservation and Cul tural Affairs, P.O. Box 578, Charlotte Amalie, St. Thomas, U.S. Virgin Islands 00801. (Secs. 101, 110, 111, 114, 160-169, 301 of the Clean Air Act, as amended, (42 U.S.C. 7401, 7410, 7411, 7414, 7470-7479, 7491, 7601)) Note: For amendments to 61.04 see the List of CFR Sections Affected appearing in the Finding Aids section of this volume. 61.05 Prohibited activities. (a) After the effective date of any standard prescribed under this part, no owner or operator shall construct or modify any stationary source sub ject to such standard without first ob taining written approval of the Admin istrator in accordance with this sub part, except under an exemption granted by the President under sec tion 112(c)(2) of the act. Sources, the construction or modification of which commenced after the publication date of the standards proposed to be appli cable to such source, are subject to this prohibition. (b) After the effective date of any standard prescribed under this part, no owner or operator shall operate any new source in violation of such standard except under an exemption granted by the President under sec tion 112(c)(2) of the act. (c) Ninety days after the effective date of any standard prescribed under this part, no owner or operator shall operate any existing stationary source in violation of such standard, except under a waiver granted by the Admin istrator in accordance with this sub part or under an exemption granted by the President under section 112(c)(2) of the act. 288 CAPCO JEN 0000331 Chapter I--Environmental Protection Agency 61.09 (d)No owner or operator subject to (b) If the Administrator determines the provisions of this part shall fail to that a stationary source for which an report, revise reports, or report source application pursuant to 61.07 was test results as required under this submitted will, if properly operated, part. not cause emissions in violation of a standard, he will approve the con 61.06 Determination of construction or struction or modification of such modification. source. Upon written application by an (c) Prior to denying any application owner or operator, the Administrator for approval of construction or modifi will make a determination of whether cation pursuant to this section, the actions taken or intended to be taken Administrator will notify the owner or by such owner or operator constitute operator making such application of construction or modification or the the Administrator's intention to issue commencement thereof within the such denial, together with: meaning of this part. The Administra (1) Notice of the information and tor will within 30 days of receipt of findings on which such intended sufficient information to evaluate an denial is based, and application, notify the owner or opera (2) Notice of opportunity for such tor of his determination, owner or operator to present, within such time limit as the Administrator 61.07 Application for approval of con shall specify, additional information struction or modification. or arguments to the Administrator (a) The owner or operator of any prior to final action on such applica new source to which a standard pre tion. scribed under this part is applicable (d) A final determination to deny shall, prior to the date on which con any application for approval will be in struction or modification is planned to writing and will set forth the specific commence, or within 30 days after the grounds on which such denial is based. effective date in the case of a new Such final determination will be made source that already has commenced within 60 days of presentation of addi construction or modification and has tional information or arguments, or 60 not begun operation, submit to the days after the final date specified for Administrator an application for ap presentation, if no presentation is proval of such construction or modifi made. cation. A separate application shall be (e) Neither the submission of an ap submitted for each stationary source. plication for approval nor the Admin (b) Each application shall include: istrator's granting of approval to con (1) The name and address of the ap struct or modify shall: plicant. (2) The location or proposed location of the source. (3) Technical information describing the proposed nature, size, design, oper ating design capacity, and method of operation of the source, including a description of any equipment to be used for control of emissions. Such (1) Relieve an owner or operator of legal responsibility for compliance with any applicable provision of this part or of any other applicable Feder al, State, or local requirement, or (2) Prevent the Administrator from implementing or enforcing this part or taking any other action under the act. technical information shall include calculations of emission estimates in 61.09 Notification of startup. sufficient detail to permit assessment (a) Any owner or operator of a of the validity of such calculations. source which has an initial startup 61.08 Approval by Administrator. after the effective date of a standard prescribed under this part shall fur (a) The Administrator will, within 60 nish the Administrator written notifi days of receipt of sufficient informa cation as follows: tion to evaluate an application under (1)A notification of the anticipated 61.07, notify the owner or operator of date of initial startup of the source approval or intention to deny approval not more than 60 days nor less than 30 of construction or modification. days prior to such date. 289 OAPCO JEN 0000332 61.10 Title 40--Protection of Environment (2) A notification of the actual date of initial startup of the source within 15 days after such date. (Sec. 114, Clean Air Act as amended (42 U.S.C. 7414)) [38 FR 8826, Apr. 6, 1973, as amended at 43 FR 8800, Mar. 3,1978] 61.10 Source reporting and waiver re quest. () The owner or operator of any ex isting source, or any new source to which a standard prescribed under this part is applicable which had an initial startup which preceded the ef fective date of a standard prescribed under this part shall, within 90 days after the effective date, provide the following information in writing to the Administrator: (1) Name and address of the owner or operator. (2) The location of the source. (3) The type of hazardous pollutants emitted by the stationary source. (4) A brief description of the nature, size, design, and method of operation of the stationary source including the operating design capacity of such source. Identify each point of emission for each hazardous pollutant. (5) The average weight per month of the hazardous materials being proc essed by the source, over the last 12 months preceding the date of the report. () A description of the existing con trol equipment for each emission point. (i) Primary control device(s) for each hazardous pollutant. (ii) Secondary control device(s) for each hazardous pollutant. (iii) Estimated control efficiency (percent) for each control device. (7) A statement by the owner or op erator of the source as to whether he can comply with the standards pre scribed in this part within 90 days of the effective date. <b) The owner or operator of an ex isting source unable to operate in com pliance with any standard prescribed under this part may request a waiver of compliance with such standard for a period not exceeding 2 years from the effective date. Any request shall be in writing and shall include the fol lowing information: (1)A description of the controls to be installed to comply with the stand ard. (2) A compliance schedule, including the date each step toward compliance will be reached. Such list shall include as a minimum the following dates: (i) Date by which contracts for emis sion control systems or process modifi cations will be awarded, or date by which orders will be issued for the purchase of component parts to ac complish emission control or process modification; (ii) Date of initiation of onsite con struction or installation of emission control equipment or process change; (iii) Date by which onsite construc tion or installation of emission control equipment or process modification is to be completed; and (iv) Date by which final compliance is to be achieved. (3) A description of interim emission control steps which will be taken during the waiver period. (c) Changes in the information pro vided under paragraph (a) of this sec tion shall be provided to the Adminis trator within 30 days after such change, except that if changes will result from modification of the source, as defined in 61.02(j), the provisions of 61.07 and 61.08 are applicable. (d) The format for reporting under this section is included as Appendix A of this part. Advice on reporting the status of compliance may be obtained from the Administrator. (Sec. 114, Clean Air Act as amended (42 U.S.C. 7414)) [38 FR 8826, Apr. 6, 1973, as amended at 43 FR 8800, Mar. 3, 1978] 61.11 Waiver of compliance. (a) Based on the information pro vided in any request under 61.10, or other information, the Administrator may grant a waiver of compliance with a standard for a period not exceeding 2 years from the effective date of such standard. (b) Such waiver will be in writing and will: (1) Identify the stationary source covered. (2) Specify the termination date of the waiver. The waiver may be termi nated at an earlier date if the condi 290 CAPCO JEN 0000333 Title 40--Protection of Environment tions specified under paragraph (b)(3) of this section are not met. (3) Specify dates by which steps toward compliance are to be taken; and impose such additional conditions as the Administrator determines to be necessary to assure installation of the necessary controls within the waiver period, and to assure protection of the health of persons during the waiver period. (c) Prior to denying any request for a waiver pursuant to this section, the Administrator will notify the owner or operator making such request of the Administrator's intention to issue such denial, together with: (1) Notice of the information and findings on which such intended denial is based, and (2) Notice of opportunity for such owner or operator to present, within such time limit as the Administrator specifies, additional information or ar guments to the Administrator prior to final action on such request. (d) A final determination to deny any request for a waiver will be in writing and will set forth the specific grounds on which such denial is based. Such final determination will be made within 60 days after presentation of additional information or arguments, or 60 days after the final date speci fied for such presentation, if no pres entation is made. (e) The granting of a waiver under this section shail not abrogate the Ad ministrator's authority under section 114 of the act. 61.12 Emission tests and monitoring. (a) Emission tests and monitoring shall be conducted and reported as set forth in this part and Appendix B to this part. (b) The owner or operator of a new source subject to this part, and at the request of the Administrator, the owner or operator of an existing source subject to this part, shall pro vide or cause to be provided, emission testing facilities as follows: (1) Sampling ports adequate for test methods applicable to such source. (2) Safe sampling platform(s). (3) Safe access to sampling platform(s). (4) Utilities for sampling and testing equipment. (Sec. 114, Clean Air Act as amended (42 U.S.C. 7414)) 61.13 Waiver of emission tests. (a) Emission tests may be waived upon written application to the Ad ministrator if, in his judgment, the source is meeting the standard, or if the source is operating under a waiver of compliance or has requested a waiver of compliance. (b) If application for waiver of the emission test is made, such application shall accompany the information re quired by 61.10. The appropriate form is contained in Appendix A to this part. (c) Approval of any waiver granted pursuant to this section shall not abro gate the Administrator's authority under the act or in any way prohibit the Administrator from later canceling such waiver. Such cancellation will be made only after notice is given to the owner or operator of the source. (Sec. 114, Clean Air Act as amended (42 U.S.C. 7414)) 61.14 Source test and analytical meth ods. (a) Methods 101, 102, and 104 in Ap pendix B to this part shall be used for all source tests required under this part, unless an equivalent method or an alternative method has been ap proved by the Administrator. (b) Method 103 in Appendix B to this part is hereby approved by the 291 CAPCO JEN 0000334 Chapter I--Environmental Protection Agency Administrator as an alternative method for sources subject to 61.32(a) and 61.42(b). (c) The Administrator may, after notice to the owner or operator, with draw approval of an alternative method granted under paragraphs (a), (b) or (d) of this section. Where the test results using an alternative method do not adequately indicate whether a source is in compliance with a standard, the Administrator may re quire the use of the reference method or its equivalent. (d) Method 105 in Appendix B to this part is hereby approved by the Administrator as an alternative method for sources subject to 61.52(b). 61.17 Circumvention. No owner or operator subject to the provisions of this part shall build, erect, install, or use any article ma chine, equipment, process, or method, the use of which conceals an emission which would otherwise constitute a violation of an applicable standard. Such concealment includes, but is not limited to, the use of gaseous dilutants to achieve compliance with a visible emissions standard, and the piecemeal carrying out of an operation to avoid coverage by a standard that applies only to operations larger than a speci fied size. [40 FR 48299, Oct. 14,1975) (Sec. 114, Clean Air Act as amended (42 U.S.C. 7414)) [38 FK 8826, Apr. 6, 1973, as amended at 40 FR 48299, Oct. 14,1975) 61.15 Availability of information. The availability to the public of in formation provided to, or otherwise obtained by, the Administrator under this part shall be governed by Part 2 of this chapter. (Sec. 114, Clean Air Act as amended (42 U.S.C. 7414)) [41 FR 36918, Sept. 1, 19761 61.16 State authority. (a) The provisions of this part shall not be construed in any manner to preclude any State or political subdivi sion thereof from: (1) Adopting and enforcing any emis sion limiting regulation applicable to a stationary source, provided that such emission limiting regulation is not less stringent than the standards pre scribed under this part. (2) Requiring the owner or operator of a stationary source, other than a stationary source owned or operated by the United States, to obtain per mits, licenses, or approvals prior to ini tiating construction, modification, or operation of such source. (Sec. 116, Clean Air Act as amended (42 U.S.C. 7416)) 292 CAPCO JEN 0000335 61.15 Title 40--Protection of Environment Code Title 40 of Federal Regulations Parts 60 to 80 Revised as of July 1, 1979 Subpart B--National Emission Standard for Asbestos 61.20 Applicability. The provisions of this subpart are applicable to those sources specified in 61.22. 61.21 Definitions. Terms used in this subpart are de fined in the act, in Subpart A of this part, or in this section as follows: (a) "Asbestos" means actinolite, amosite, anthophyllite, chrysotile, cro- cidolite, tremolite. (b) "Asbestos material" means asbes tos or any material containing asbes tos. (c) "Particulate asbestos material" means finely divided particles of asbes tos material. Cd) "Asbestos tailings" means any solid waste product of asbestos mining or milling operations which contains asbestos. (e) "Outside air" means the air out side buildings and structures. (f) "Visible emissions" means any emissions which are visually detect able without the aid of instruments and which contain particulate asbestos material. (g) "Asbestos mill" means any facili ty engaged in the conversion of any in termediate step in the conversion of asbestos or into commercial asbestos. Outside storage of asbestos materials is not considered a part of such facili ty. (h) "Commercial asbestos" means any variety of asbestos which is pro duced by extracting asbestos from as bestos ore. (i) "Manufacturing" means the com bining of commercial asbestos, or in the case of woven friction products the combining of textiles containing commercial asbestos, with any other material(s), including commercial as bestos, and the processing of this com bination into a product as specified in 61.22(c). (j) "Demolition" means the wrecking or taking out of any load-supporting 292 ) ) CAPCO JEN 0000336 Chapter I--Environmental Protection Agency 61.22 structural member and any related re moving or stripping of friable asbestos materials. (k) "Friable asbestos material" means any material that contains more than 1 percent asbestos by weight and that can be crumbled, pul verized, or reduced to powder, when dry, by hand pressure. (l) "Control device asbestos waste" means any asbestos-containing waste material that is collected in a pollu tion control device. (m) "Renovation" means the remov ing or stripping of friable asbestos ma terial used on any pipe, duct, boiler, tank, reactor, turbine, furnace, or structural member. Operations in which load-supporting structural members are wrecked or taken out are excluded. (n) "Planned renovation" means a renovation operation, or a number of such operations, in which the amount of friable asbestos material that will be removed or stripped within a given period of time can be predicted. Oper ations that are individually non-sched- uled are included, provided a number of such operations can be predicted to occur during a given period of time based on operating experience. (o) "Emergency renovation" means a renovation operation that results from a sudden, unexpected event, and is not a planned renovation. Operations ne cessitated by non-routine failures of equipment are included. (p) "Adequately wetted" means suf ficiently mixed or coated with water or an aqueous solution to prevent dust emissions. (q) "Removing" means taking out friable asbestos materials used on any pipe, duct, boiler, tank, reactor, tur bine, furnace, or structural member from any building, structure, facility, or installation. (r) "Stripping" means taking off fri able asbestos materials from any pipe, duct, boiler, tank, reactor, turbine, fur nace, or structural member. (s) "Fabricating" means any process ing of a manufactured product con taining commercial asbestos, with the exception of processing at temporary sites for the construction or restora tion of buildings, structures, facilities or installations. (t) "Inactive waste disposal site" means any disposal site or portion thereof where additional asbestos-con taining waste : terial will not be de posited and where the surface is not disturbed by vehicular traffic. (u) "Active waste disposal site" means any disposal site other than an inactive site. (v) "Roadways" means surfaces on which motor vehicles travel including, but not limited to, highways, roads, streets, parking areas, and driveways. (w) "Asbestos-containing waste ma terial" means any waste which con tains commercial asbestos and is gen erated by a source subject to the provi sions of this -subpart, including asbes tos mill tailings, control device asbes tos waste, friable asbestos waste mate rial, and bags or containers that previ ously contained commercial asbestos. (x) "Structural member" means any load-supporting member, such as beams and load-supporting walls; or any non-load-supporting member, such as ceilings and non-load-support ing walls. [38 FR 8826, Apr. 6, 1973, as amended at 39 FR 15398, May 3, 1974; 40 FR 48299, Oct. 14, 1975; 42 FR 12127, Mar. 2, 1977; 43 FR 26373, June 19, 1978] 61.22 Emission standard. (a) Asbestos mills; There shall be no visible emissions to the outside air from any asbestos mill except as pro vided in paragraph (f) of this section. (b) Roadways; The surfacing of roadways with asbestos tailings or with asbestos-containing waste that is generated by any source subject to paragraphs (c), (d), (e) or (h) of this section is prohibited, except for tem porary roadways on an area of asbes tos ore deposits. The deposition of as bestos tailings or asbestos-containing waste on roadways covered with snow or ice is considered "surfacing." (c) Manufacturing; There shall be no visible emissions to the outside air, except as provided in paragraph (f) of this section, from any of the following operations if they use commercial as bestos or from any building or struc ture in which such operations are con ducted. (1) The manufacture of cloth, cord, wicks, tubing, tape, twine, rope, 293 CAPCO JEN 0000337  61.22 Title 40--Protection of Environment thread, yarn, roving, lap, or other tex tile materials. (2) The manufacture of cement products. (3) The manufacture of fireproofing and insulating materials. (4) The manufacture of friction products. (5) The manufacture of paper, mill- board, and felt. (6) The manufacture of floor tile. (7) The manufacture of paints, coat ings, caulks, adhesives, sealants. (8) The manufacture of plastics and rubber materials. (9) The manufacture of chlorine. (10) The manufacture of shotgun shells. (11) The manufacture of asphalt concrete. (d) Demolition and renovation: The requirements of this paragraph shall apply to any owner or operator of a demolition or renovation operation who intends to demolish any institu tional, commercial, or industrial build ing (including apartment buildings having more than four dwelling units), structure, facility, installation, or por tion thereof, which contains any pipe, duct, boiler, tank, reactor, turbine, fur nace, or structural member that is cov ered or coated with friable asbestos material, except as provided in para graph (d)(1) of this section; or who in tends to renovate any institutional, commercial, or industrial building, structure, facility, installation, or por tion thereof where more than 80 meters (ca. 260 feet) of pipe covered or coated with friable asbestos material are stripped or removed, or more than 15 square meters (ca. 160 square feet) of friable asbestos material used to cover or coat any duct, boiler, tank, re actor, turbine, furnace, or structural member are stripped or removed. (l)(i) The owner or operator of a demolition operation is exempted from the requirements of this paragraph: Provided, (A) the amount of friable as bestos material in the building or por tion thereof to be demolished is less than 80 meters (ca. 260 feet) used to insulate pipes, and less than 15 square meters (ca. 160 square feet) used to in sulate or fireproof any duct, boiler, tank, reactor, turbine, furnace, or structural member, and (B) the notifi cation requirements of paragraph (dXD(ii) are met. (ii) Written notification shall be postmarked or delivered to the Admin istrator at least 20 days prior to com mencement of demolition and shall in clude the information required by paragraph (d)(2) of this section, with the exception of the information re quired by paragraphs (d)(2)(iii), (vi), (vii), (viii), and (ix), and shall state the measured or estimated amount of fri able asbestos materials which is pres ent. Techniques of estimation shall be explained.- (2) Written notice of intention to de molish or renovate shall be provided to the Administrator by the owner or operator of the demolition or renova tion operation. Such notice shall be postmarked or delivered to the Admin istrator at least 10 days prior to com mencement of demolition, or as early as possible prior to commencement of emergency demolition subject to para graph (d)(6) of this section, and as early as possible prior to commence ment of renovation. Such notice shall include the following information: (i) Name of owner or operator. (ii) Address of owner or operator. (iii) Description of the building, structure, facility, or installation to be demolished or renovated, including the size, age, and prior use of the structure, and the approximate amount of friable asbestos materials present. (iv) Address or location of the build ing, structure, facility, or installation. (v) Scheduled starting and comple tion dates of demolition or renovation. (vi) Nature of planned demolition or renovation and method(s) to be em ployed. (vii) Procedures to be employed to meet the requirements of this para graph and paragraph (j) of this sec tion. (viii) The name and address or loca tion of the waste disposal site where the friable asbestos waste will be de posited. (ix) Name, title, and authority of the State or local governmental repre sentative who has ordered a demoli tion which is subject to paragraph (d)(6) of this section. (3) (i) For purposes of determining whether a planned renovating oper ation constitutes a renovation within the meaning of this paragraph, the 294 CAPCO JEN 0000338 Chapter I--Environmental F'rotection Agency 61.22 amount of friable asbestos material to be removed or stripped shall be: (A, For planned renovating oper ations involving individually nonscheduled operations, the additive amount of friable asbestos material that can be predicted will be removed or stripped at a source over the maxi mum period of time for which a pre diction can be made. The period shall be not less than 30 days and not longer than one year. (B) For each planned renovating op eration not covered by paragraph (d)(3)(i)(A), the total amount of fri able asbestos material that can be pre dicted will be removed or stripped at a source. (ii) For purposes of determining whether an emergency renovating op eration constitutes a renovation within the meaning of this paragraph, the amoimt of friable asbestos material to be removed or stripped shall be the total amount of friable asbestos mate rial that will be removed or stripped as a result of the sudden, unexpected event that necessitated the renova tion. (4) The following procedures shall be used to prevent emissions of partic ulate asbestos material to outside air: (i) Friable asbestos materials, used on any pipe, duct, boiler, tank, reactor, turbine, furnace, or structural member, shall be removed from any building, structure, facility or installa tion subject to this paragraph. Such removal shall occur before wrecking or dismantling of any portion of such building, structure, facility, or installa tion that would break up the friable asbestos materials and before wreck ing or dismantling of any other por tion of such building, structure, facili ty, or installation that would preclude access to such materials for subse quent removal. Removal of friable as bestos materials used on any pipe, duct, or structural member which are encased in concrete or other similar structural material is not required prior to demolition, but such material shall be adequately wetted whenever exposed during demolition. (ii) Friable asbestos materials used on pipes, ducts, boilers, tanks, reac tors, turbines, furnaces, or structural members shall be adequately wetted during stripping, except as provided in paragraphs (d)(4)(iv), (d)(4)(vi) or (d)(4)(vii) of this section. (iii) Pipes, ducts, boilers, tanks, reac tors, turbines, furnaces, or structural members that are covered or coated with friable asbestos materials may be taken out of any building, structure, facility, or installation subject to this paragraph as units or in sections pro vided the friable asbestos materials ex posed during cutting or disjointing are adequately wetted during the cutting or disjointing operation. Such units shall not be dropped or thrown to the ground, but shall be carefully lowered to ground level. (iv) The stripping of friable asbestos materials used on any pipe, duct, boiler, tank, reactor, turbine, furnace, or structural member that has been removed as a unit or in sections as pro vided in paragraph (d)(4)(iii) of this section shall be performed in accord ance with paragraph (d)(4)(h) of this section. Rather than comply with the wetting requirement, a local exhaust ventilation and collection system may be used to prevent emissions to the outside air. Such local exhaust ventila tion systems shall be designed and op erated to capture the asbestos particu late matter produced by the stripping of friable asbestos material. There shall be no visible emissions to the outside air from such local exhaust ventilation and collection systems except as provided in paragraph (f) of this section. (v) All friable asbestos materials that have been removed or stripped shall be adequately wetted to ensure that such materials remain wet during all remaining stages of demolition or renovation and related handling oper ations. Such materials shall not be dropped or thrown to the ground or a lower floor. Such materials that have been removed or stripped more than 50 feet above ground level, except those materials removed as units or in sections, shall be transported to the ground via dust-tight chutes or con tainers. (vi) Except as specified below, the wetting requirements of this para graph are suspended when the tem perature at the point of wetting is below 0C (32'F). When friable asbes tos materials are not wetted due to freezing temperatures, such materials 40-101 0--79----- 20 295 CAPCO JEN 0000339 61.22 Title 40--Protection of Environment on pipes, ducts, boilers, tanks, reac (e) Spraying: There shall be no visi tors, turbines, furnaces, or structural ble emissions to*the outside air from members shall, to the maximum the spray-on application of materials extent possible, be removed as units or containing more than 1 percent asbes in sections prior to wrecking. In no tos, on a dry weight basis, used on case shall the requirements of para equipment and machinery, except as graphs Cd)(4)(iv) or (d)(4)(v) be sus provided in paragraph (f) of this sec pended due to freezing temperatures. tion. Materials sprayed on buildings, ivii) For renovation operations, local structures, pipes, and conduits shall exhaust ventilation and collection sys contain less than 1 percent asbestos on tems may be used, instead of wetting a dry weight basis. as specified in paragraph (d)(4)(ii), to (1) Sources subject to this paragraph prevent emissions of particulate asbes are exempt from the requirements of tos material to outside air when 61.05(a), 61.07, and 61.09. damage to equipment resulting from (2) Any owner or operator who in the wetting would be unavoidable. tends to spray asbestos materials Upon request and supply of adequate which contain more than 1 percent as information, the Administrator will bestos on a dry weight basis to insu determine whether damage to equip late or fireproof equipment and ma ment resulting from wetting to comply chinery shall report such intention to with the provisions of this paragraph the Administrator at least 20 days would be unavoidable. Such local ex prior to the commencement of the haust ventilation systems shall be de spraying operation. Such report shall signed and operated to capture the as include the following information: bestos particulate matter produced by (i) Name of owner or operator. the stripping and removal of friable (ii) Address of owner or operator. asbestos material. There shall be no (iii) Location of spraying operation. visible emissions to the outside air (iv) Procedures to be followed to from such local exhaust ventilation meet the requirements of this para and collection systems, except as pro graph. vided in paragraph (f) of this section. (3) The spray-on application of ma (5) Sources subject to this paragraph terials in which the asbestos fibers are are exempt from the requirements of encapsulated with a bituminous or re 61.05(a), 61.07, and 61.09. sinous binder during spraying and (6) The demolition of a building, which are not friable after drying is structure, facility, or installation, pur exempted from the requirements of suant to an order of an authorized rep paragraphs (e) and (e)(2) of this sec resentative of a State or local govern tion. mental agency, issued because that (f) Rather than meet the no-visible- building is structurally unsound and in emission requirements as specified by danger of imminent collapse is exempt paragraphs (a), (c), (d), (e), (h), (j), from all but the following require and (k) of this section, an owner or op ments of paragraph (d) of this section: erator may elect to use the methods (i) The notification requirements specified by 61.23 to clean emissions specified by paragraph (d)(2) of this containing particulate asbestos materi section; al before, such emissions escape to, or (ii) The requirements on stripping of are vented to, the outside air. friable asbestos materials from previ (g) Where the presence of uncom ously removed units or sections as bined water is the sole reason for fail specified in paragraph (d)(4)(iv) of ure to meet the no-visible-emission re this section; quirement of paragraphs (a), (c), (d), (iii) The wetting, as specified by (e), (h), (j), or (k) of this section, such paragraph (d)(4)(v) of this section, of failure shall not be a violation of such friable asbestos materials that have emission requirements. been removed or stripped; (h) Fabricating: There shall be no (iv) The portion of the structure visible emissions to the outside air, being demolished that contains friable except as provided in paragraph (f) of asbestos materials shall be adequately this section, from any of the following wetted during the wrecking operation. operations if they use commercial as 296 CAPCO JEN 0000340 Chapter I--Environmental Protection Agency 61.22 bestos or from any building or struc ture in which such operations are con ducted. (1) The fabrication of cement build ing products. (2) The fabrication of friction prod ucts, except those operations that pri marily install asbestos friction materi als on motor vehicles. (3) The fabrication of cement or sili cate board for ventilation hoods; ovens; electrical panels; laboratory furniture; bulkheads, partitions and ceilings for marine construction; and flow control devices for the molten metal industry. (i) Insulating: Molded insulating ma terials which are friable and wet-ap plied insulating materials which are friable after drying, installed after the effective date of these regulations, shall contain no commercial asbestos. The provisions of this paragraph do not apply to insulating materials which are spray applied; such materi als are regulated under 61.22(e). (j) Waste disposal for manufactur ing, fabricating, demolition, renova tion and spraying operations: The owner or operator of any source cov ered under the provisions of para graphs (c), (d), (e), or (h) of this sec tion shall meet the following stand ards: (1) There shall be no visible emis sions to the outside air, except as pro vided in paragraph (j)(3) of this sec tion, during the collection; processing, including incineration; packaging; transporting; or deposition of any as bestos-containing waste material which is generated by such source. (2) All asbestos-containing waste ma terial shall be deposited at waste dis posal sites which are operated in ac cordance with the provisions of 61.25. (3) Rather than meet the require ment of paragraph (j)(l) of this sec tion, an owner or operator may elect to use either of the disposal methods specified under (j)(3) (i) and (ii) of this section, or an alternative disposal method which has received prior ap proval by the Administrator: (i) Treatment of asbestos-containing waste material with water: (A) Control device asbestos waste shall be thoroughly mixed with water into a slurry and other asbestos-con taining waste material shall be ade quately wetted. There shall be no visi ble emissions to the outside air from the collection, mixing and wetting op erations, except as provided in para graph (f) of this section. (B) After wetting, all asbestos-con taining waste material shall be sealed into leak-tight containers while wet, and such containers shall be deposited at waste disposal sites which are oper ated in accordance with the provisions of 61.25. (C) The containers specified under paragraph (j)(3)(i)(B) of this section shall be labeled with a warning label that states: Caution Contains Asbestos Avoid Opening or Breaking Container Breathing Asbestos is Hazardous to Your Health Alternatively, warning labels specified by Occupational Safety and Health Standards of the Department of Labor, Occupational Safety and Health Administration (OSHA) under 29 CFR 1910.93a(g)(2)(ii) may be used. (ii) Processing of asbestos-containing waste material into non-friable forms: (A) All asbestos-containing waste material shall be formed into non-fri able pellets or other shapes and depos ited at waste disposal sites which are operated in accordance with the provi sions of 61.25. (B) There shall be no visible emis sions to the outside air from the col lection and processing of asbestos-con taining waste material, except as speci fied in paragraph (f) of this section. (4) For the purposes of this para graph (j), the term all asbestos-con taining waste material as applied to demolition and renovation operations covered by paragraph (d) of this sec tion includes only friable asbestos waste and control device asbestos waste. (k) Waste disposal for asbestos mills: The owner or operator of any source covered under the provisions of para 297 CAPCO JEN 0000341  61.22 Title 40--Protection of Environment graph (a) of this section shall meet the following standard: (1) There shall be no visible emis sions to the outside air, except as pro vided in paragraph (k)(3) of this sec tion, during the collection, processing, packaging, transporting or deposition of any asbestos-containing waste mate rial which is generated by such source. (2) All asbestos-containing waste ma terial shall be deposited at waste dis posal sites which are operated in ac cordance with the provisions of 61.25. (3) Rather than meet the require ment of paragraph (k)(l) of this sec tion, an owner or operator may elect to meet the following requirements in paragraphs (k)(3) (i) and (ii), or use an alternative disposal method which has received prior approval by the Admin istrator: (i) There shall be no visible emis sions to the outside air from the trans fer of control device asbestos waste to the tailings conveyor, except as pro vided in paragraph (f) of this section. Such waste shall be subsequently processed either as specified in para graph (k)(3)(ii) of this section or as specified in paragraph (j)(3) of this section. (ii) All asbestos-containing waste ma terial shall be adequately mixed, with a wetting agent recommended by the manufacturer of the agent to effec tively wet dust and tailings, prior to deposition at a waste disposal site. Such agent shall be used as recom mended for the particular dust by the manufacturer of the agent. There shall be no discharge of visible emis sions to the outside air from the wet ting operation except as specified in paragraph (f) of this section. Wetting may be suspended when the ambient temperature at the waste disposal site is less than -9.5 C (ca. 15 F). The ambient air temperature shall be de termined by an appropriate measure ment method with an accuracy of 1 C (2 F) and recorded at least at hourly intervals during the period that the operation of the wetting system is suspended. Records of such temperature measurements shall be retained at the source for a minimum of 2 years and made available for in spection by the Administrator. (1) The owner of any inactive waste disposal site, which was operated by sources covered under 61.22(a), (c) or (h) and where asbestos-containing waste material produced by such sources was deposited, shall meet the following standards: (1) There shall be no visible emis sions to the outside air from an inac tive waste disposal site subject to this paragraph, except as provided in para graph (1X5) of this section. (2) Warning signs shall be displayed at all entrances, and along the proper ty line of the site or along the perim eter of the sections of the site where asbestos-containing waste material was deposited, at intervals of 100 m (ca. 330 ft) or less, except as specified in paragraph (1X4) of this section. Signs shall be posted in such a manner and location that a person may easily read the legend. The warning signs re quired by this paragraph shall con form to the requirements of 20" x 14" upright format signs specified in 29 CFR 1910.145(d)(4) and this para graph. The signs shall display the fol lowing legend in the lower panel, with letter sizes and styles of a visibility at least equal to those specified in this paragraph. LEGEND Asbestos Waste Disposal Site Do Not Create Dust Breathing Asbestos is Hazardous to Your Health Notation 1" Sans Serif, Gothic or Block %" Sans Serif, Gothic or Block 14 Point Gothic Spacing between lines shall be at least equal to the height of the upper of the two lines. (3) The perimeter of the site shall be fenced in a manner adequate to deter access by the general public, except as specified in paragraph (1X4) of this section. (4) Warning signs and fencing are not required where the requirements of paragraphs (1X5) (i) or (ii) of this section are met, or where a natural barrier adequately deters access by the general public. Upon request and supply of appropriate information, the Administrator will determine whether 298 CAPCO JEN 0000342 Chapter I--Environmental Protection Agency 61.24 a fence or a natural barrier adequately deters access to the general public. (5) Rather than meet the require ment of paragraph (1X1) of this sec tion, an owner may elect to meet the requirements of this paragraph or may use an alternative control method for emissions from inactive waste dis posal sites which has received prior approval by the Administrator. (i) The asbestos-containing waste material shall be covered with at least 15 centimeters (ca. 6 inches) of com pacted non-asbestos-containing mate rial, and a cover of vegetation shall be grown and maintained on the area adequate to prevent exposure of the asbestos-containing waste material; or (ii) The asbestos-containing waste material shall be covered with at least 60 centimeters (ca. 2 feet) of compact ed non-asbestos-containing material and maintained to prevent exposure of the asbestos-containing waste; or (iii) For inactive waste disposal sites for asbestos tailings, a resinous or pe troleum-based dust suppression agent which effectively binds dust and con trols wind erosion shall be applied. Such agent shall be used as recom mended for the particular asbestos tailings by the dust suppression agent manufacturer. Other equally effective dust suppression agents may be used upon prior approval by the Adminis trator. For purposes of this paragraph, waste crankcase oil is not considered a dust suppression agent. [38 FR 8826, Apr. 6, 1973, as amended at 39 FR 15398, May 3, 1974; 40 FR 48299, Oct. 14. 1975; 43 FR 26374, June 19, 1978] 61.23 Air-cleaning. If air-cleaning is elected, as permit ted by 61.22(f) and 61.22(d)(4)(iv), the requirements of this section must be met. (a) Fabric filter collection devices must be used, except as noted in para graphs (b) and (c) of this section. Such devices must be operated at a pressure drop of no more than 4 inches water gage, as measured across the filter fabric. The airflow permeability, as de termined by ASTM method D737-69, must not exceed 30 ftVmin/ft2 for woven fabrics or 35 ftVmin/ft2 for felted fabrics, except that 40 ft3/min/ ft2 for woven and 45 ftVmin/ft2 for felted fabrics is allowed for filtering air from asbestos ore dryers. Each square yard of felted fabric must weigh at least 14 ounces and be at least one-sixteenth inch thick throughout. Synthetic fabrics must not contain fill yarn other than that which is spun. (b) If the use of fabric filters creates a fire or explosion hazard, the admin istrator may authorize the use of wet collectors designed to operate with a unit contacting energy of at least 40 inches water gage pressure. (c) The administrator may authorize the use of filtering equipment other than that described in paragraphs (a) and (b) of this section if the owner or operator demonstrates to the satisfac tion of the administrator that the fil tering of particulate asbestos material is equivalent to that of the described equipment. (d) All air-cleaning equipment au thorized by this section must be prop erly installed, used, operated, and maintained. Bypass devices may be used only during upset or emergency conditions and then only for so long as it takes to shut down the operation generating the particulate asbestos material. [38 FR 8826, Apr. 6, 1973, as amended at 40 FR 48302, Oct. 14, 1975] 61.24 Reporting. The owner or operator of any exist ing source to which this subpart is ap plicable shall, within 90 days after the effective date, provide the following information to the administrator: (a) A description of the emission control equipment used for each proc ess; (b) If a fabric filter device is used to control emissions, the pressure drop across the fabric filter in inches water gage. (1) If the fabric filter device utilizes a woven fabric, the airflow permeabil ity in ftVmin/ft2 and, if the fabric is synthetic, indicate whether the fill yarn is spun or not spun. (2) If the fabric filter device utilizes a felted fabric, the density in oz/yd2, the minimum thickness in inches, and the airflow permeability in ftVmin/ ft2. (c) For sources subject to 61.22(j) and 61.22(k): 299 CAPCO JEN 0000343  61.25 Title 40--Protection of Environment (1)A brief description of each proc ess that generates asbestos-containing waste material. (2) The average weight of asbestoscontaining waste material disposed of, measured in kg/day. (3) The emission control methods used in all stages of waste disposal. (4) The type of disposal site or incin eration site used for ultimate disposal, the name of the site operator, and the name and location of the disposal site. (d) For sources subject to 61.22(1): (1)A brief description of the site. (2) The method or methods used to comply with the standard, or alterna tive procedures to be used. (e) Such information shall accompa ny the information required by | 61.10. The information described in this sec tion shall be reported using the format of Appendix A of this part. (Sec. 114, Clean Air Act as amended (42 U.S.C. 7414)) (38 FR 8826, Apr. 6, 1973, as amended at 40 FR 48302, Oct. 14, 1975; 43 FR 8800, Mar. 3, 1978] 61.25 Waste disposal sites. In order to be an acceptable site for disposal of asbestos-containing waste material under 61.22Cj) and (k), an active waste disposal site shall meet the requirements of this section. (a) There shall be no visible emis sions to the outside air from any active waste disposal site where asbes tos-containing waste material has been deposited, except as provided in para graph (e) of this section. (b) Warning signs shall be displayed at all entrances, and along the proper ty line of the site or along the perim eter of the sections of the site where asbestos-containing waste material is deposited, at intervals of 100 m (ca. 330 ft) or less except as specified in paragraph (d) of this section. Signs shall be posted in such a manner and location that a person may easily read the legend. The warning signs re quired by this paragraph shall con form to the requirements of 20" x 14" upright format signs specified in 29 CFR 1910.145(d)(4) and this para graph. The signs shall display the fol lowing legend in the lower panel, with letter sizes and styles of a visibility at least equal to those specified in this paragraph. LEGEND Asbestos Waste Disposal Site Do Not Create Dust Breathing Asbestos is Hazardous to Your Health Notation 1" Sans Serif, Gothic or Block W Sans Serif, Gothic or Block 14 Point Gothic Spacing between lines shall be at least equal to the height of the upper of the two lines. (c) The perimeter of the disposal site shall be fenced in order to adequately deter access to the general public except as specified in paragraph (d) of this section. (d) Warning signs and fencing are not required where the requirements of paragraph (e)(1) of this section are met, or where a natural barrier ade quately deters access to the general public. Upon request and supply of ap propriate information, the Administra tor will determine whether a fence or a natural barrier adequately deters access to the general public. (e) Rather than meet the require ment of paragraph (a) of this section, an owner or operator may elect to meet the requirements of paragraph (e)(1) or (e)(2) of this section, or may use an alternative control method for emissions from active waste disposal sites which has received prior approval by the Administrator.________________ (1) At the end of each operating day, or at least once every 24-hour period while the site is in continuous oper ation, the asbestos-containing waste material which was deposited at the site during the operating day or previ ous 24-hour period shall be covered with at least 15 centimeters (ca. 6 inches) of compacted non-asbestoscontaining material.______ ____________ (2) At the end of each operating day, or at least once every 24-hour period while the disposal site is in continuous operation, the asbestos-containing waste material which was deposited at the site during the operating day or previous 24-hour period shall be cov ered with a resinous or petroleum- 300 CAPCO JEN 0000344 Chapter 1--Environmental Protection Agency based dust suppression agent which ef fectively binds dust and controls wind erosion. Such agent shall be used as recommended tor the particular dust by the dust suppression agent manu facturer. Other equally effective dust suppression agents may be used upon prior approval by the Administrator. For purposes of this paragraph, waste crankcase oil is not considered a dust suppression agent. [40 FR 48302. Oct. 14, 1975] 61.32 301 CAPCO JEN 0000345 App. A Title 40--Protection of Environment APPENDIX A National Emission Standards for Hazardous Air Pollutants Compliance Status Information 1. SOURCE REPORT INSTRUCTIONS: Owners or operators of sources of hazardous pollutants subject to the National Emission Standards for Hazardous Air Pollutants are required to submit the information contained In Section I to the appropriate U.S. Environmental Protection Agency Regional Office prior to 90 days after the effective date of any standards or amend ments which require the submission of such Information. A list of regional offices Is provided in S61.04. A. SOURCE INFORMATION 1. Identification/Location - Indicate the name and address of each source. 12 Regfon 34 State 58 County 9 13 0 0 0 Source Number 14 16 00 1 17 18 TT 20 22 AQCR 1 23 26 City Code 27 Source Name 46 47 Street Address (Location of Plant) 66 SO Dup 1-18 T9 20 City Name 34 State 35 39 40 State Regis. Number 55 58 54 NEDS X Ref. 59 STC 2 IT64 8 J7P 65 77 79 Staff ST Dup 1-18 5 TT CS 5Tp EC SO 30 31 49 2. Contact - Indicate the name and telephone number of the-owner or operator or other responsible official whom EPA may contact concerning this report. 320 CAPCO JEN 0000346 Chapter I--Environmental Protection Agency App. A Dup 1-18 41 15~To 21 Name T3 44 46 Area Code 47" Number 54 55 Source Description - Briefly state the nature of the source (e.g., "Chloralkall Plant" or ``Machine Shop"). Dup 1-18 42 1FT0 21 Description TO 5l ' Continued 79 So 4. Alternative Hailing Address - Indicate an alternative mailing address if correspondence Is to be directed to a location different than that specified above. Dup 1-18 43 ______________ _________ ____________________ _ 19 20 2l NumberStreet or Box Number45 80 Dup 1-18 44 ____________________________ 37___ 38 __________ 19 TO 21 City 35 State 41 71p 44 15 5. Compliance Status - The emissions from this source can ___ cannot meet the emission limitations contained In the National Emission Standards on or prior to 90 days after the effective date of any standards or amendments which require the submission of such Information. Signature of Owner, Operator or Other Responsible Official tolE: If the emissions from the source will exceed those limits set by the National Emission Standards for Hazardous Air Pollutants, the source will be In violation and subject to Federal enforcement actions unless granted a waiver of compliance by the Administrator of the ll.S. Environmental Protection Agency. The information needed for such waivers Is listed in Section II of this form. B. PROCESS INFORMATION. Part B should be completed separately for each point of emission for each hazardous pollutant. [Sources subject to 61.22(1) may omit number 4. below.] Dup 1-13 00 5 14--T6 17--T8 T7 25-------- 555-------77 25--79 35 3T NEDS X Ref LS SIP 321 CAPCO JEN 0000347 App. A Title 40--Protection of Environment 1. Pollutant Emitted - Indicate the type of hazardous pollutant emitted by the process. Indicate "AB" for asbestos, "BE" for beryllium, or "HG" for mercury. 32 33 PoTTutant 34 Regulation 48 47 rc 2. Process Description - Provide a brief description of each process (e.q., "hydrogen end box" in a mercury chlor-alkall plant, "grinding machine" in a beryllium machine shop). Use additional sheets if necessary. 50 Process Description Dup 1-18 6 1 15^T0 2l 74 m 50 51 Dup 1-18 62 15 ?0 21 79 80 50 5l 79 80 3. Amount of Pollutant - Indicate the average weight of the hazardous material named in Item 1 which enters the process in pounds per month (based on the previous twelve months of operation). Oup 1-18 63 15 ?0 21 lbs./mo. 27 25 T6 m 4. Control Devices IT Indicate the type of pollution control devices, if any, used to reduce the emissions from the process (e.g., venturi scrubber, baghouse, wet cyclone) and the estimated percent of the pollutant which the device removes from the process gas stream. Dup 1-18 6 4 15 20 2l PRIMARY CONTROL DEVICE: 43 4? Primary Device flame 66 70 T4 Percent Removal 72 Efficiency 79 m 322 CAPCO JEN 0000348 Chapter I--Environmental Protection Agency App. A Oup 1-18 6 5 19 20 2l SECONDARY CONTROL DEVICES: 45 47 Secondary Device flame 1 EFFIC. T4 6? 70 72 79 So Percent Removal Efficiency b. Asbestos Emission Control Oevices Only 1. If a baqhouse is specified in Item 4a, give the following information: The air flow permeability in cubic feet per minute per square foot of fabric area. 2 Air flow Dermeability = cfm/ft The pressure drop in inches water gauge across the filter at which the baghouse is operated. Operating nressure drop = inches w.g. If the baghouse material contains synthetic fill yarn, check whether this material is / / spun / /or not spun. If the baghouse utilizes a felted fabric, give the minimum thickness in inches and the density in ounces per square yard. Thickness = inches Density = oz/yd 2 ii. If a wet collection device is specified in Item 4a, give the designed unit contacting energy in inches water gauge. Unit contacting energy = _ inches w.g. C. DISPOSAL OF ASBESTOS-CONTAINING WASTES. Part C should be completed separately /or each asbestos-containinq waste generation operation arising from sources subject to 561.22(a), (c), (e), and (h). 323 CAPCO JEN 0000349 App. A Title 40--Protection of Environment 1. Waste Generation - Provide a brief description of each process that generates asbestos-containing waste (e.g. disposal of control device wastes). 50 Process description "T9 50 2. Asbestos Concentration - Indicate the average percentage asbestos content of these material si" Dud 1-18 6 1 19 20 2l ASBESTOS CONCENTRATION: 33 45 58 % 50 50 3. Amount of Hastes - Indicate the average weight of asbestos-containing wastes disposed of, measured in kg/day. Dud 1-18 6 2 15 70 21 kq/day 77 25 54 50 4. Control Methods - Indicate the emission control methods used in all stages of waste disposal, from collection, processing, and packaging to transporting and deposition. Dup 1-18 6 3 15 70 21 Primary Control Method 53 45 Dup 1-18 6 4 15 70 2l 79 50 50 51-----------------------------------------------------------------------------------------------79 50 5. Waste Disposal - Indicate the type of disposal site (sanitary landfill, open, covered) or incineration site (municipal, private) where the waste is disposed of and \(ho operates the site (company, private, municipal). State the name and location of the site (closest city or town, county, State). Dup 1-18 6 5 15 70 21 TYPE OF SITE: 33 35 50 5T 79 50 324 CAPCO JEN 0000350 Chapter I--Environmental Protection Agency Dup 1-18 6 6 15 70 OPERATOR: 21 79 3T 51 " ---- j9 Dup 1-18 6 7 15 70 LOCATION: 21 79 31----- ~ 71 : 79 SC gjj- 70 App. A TO D. WASTE DISPOSAL SITES. Part D should be completed separately for each asbestos waste disposal site subject to section 81.22(1). Dup 1-13 00 5 1*-----T6 17 T8 TT 20 SCO 77 2S 79 3C 3T NEDS X Ref CS SIP 37" 33 37 Pollutant Regulation 78 77 EC WASTE DISPOSAL SITE 50 58 SC 1. Description - Provide a brief description of the site, including its sire and configuration, and the distance to the closest city or town, closest residence, and closest primary road. Dup 1-18 6 1 15 70 21 SITE DESCRIPTION 37 35 50 51 Dup 1-18 62 DISTANCE: 15 70 21 RESIDENCE: 45 KH 77 78 SC T4 55" T9 TOWN: 79 30 34 36 K M ROAD: TO 67 53 63- SC KK "To 47--33 T9 7T T5 325 CAPCO JEN 0000351 App. A Title 40--Protection of Environment 2. Inactivation - After the site is inactivated, indicate the method or methods used to comply with the standard and send a list of the actions that will be undertaken to maintain the Inactivated site. Dup 1-18 6 8 19 ?0 ZT METH^/Tkcff^E SITE: 52 ST T9 55 II. WAIVER REQUESTS A. WAIVER OF COMPLIANCE. Owners or operators of sources unable to operate In compliance with the National Emission Standards for Hazardous Air Pollutants prior to 90 days after the effective date of any standards or amendments which require the submission of such information may request a waiver of compliance from the Administrator of the U.S. Environmental Protection Agency for the time period necessary to Install appropriate control devices or make modifications to achieve compliance. The Administrator may grant a waiver of compliance with the standard for a period not exceeding two years from the effective date of the hazardous pollutant standards, if he finds that such period is necessary for the installation of controls and that steps will be taken during the period of the waiver to assure that the health of persons will be protected from imminent endangerment. The report Information provided in Section I must accompany this application. Applications should be sent to the appropriate EPA regional office. 1. Processes Involved - Indicate the process or processes emitting hazardous pollutants to which emission controls are to be applied. 2. Controls a. Describe the proposed type of control device to be added or modification to be made to the process to reduce the emissions of hazardous pollutants to an acceptable level. (Use additional sheets if necessary.) b. Describe the measures that will be taken during the waiver period to assure that the health of persons will be protected from iiminent endangerment. (Use additional sheets if necessary.) 3. Increments of Progress - Specify the dates by which the following increments of progress will be met. Date by which contracts for emission control systems or process modifications will be awarded; or date by which orders will be Issued for the purchase of the component parts to accomplish emission control or process modification. 326 CAPCO JEN 0000352 Chapter I--Environmental Protection Agency App. A Dup 1-16 01 7 17 T9 ______________,, .,, ,, 53 54 53 ; 50 61 MO/DY/YR56 So Date of Initiation of on-site construction or Installation of emission control equipment or process change. Duo 1-16 02 7 17 T9 53 54 53 ________ ___________________ So 6l MO/DY/YR 56 55 Date by which on-site construction or installation of emission control equipment or process modification Is to be completed. Dup 1-16 037 17" T9 53~54 53 50 61 MO/DY/YR 56 55 Date by which final compliance is to be achieved. Duo 1-16 047 17 T9 53"T4 53 50 61 MO/OY/YR 56 55 8. WAIVER OF EMISSION TESTS. A waiver of emission testing may be granted to owners or operators of sources of beryllium or mercury pollutants if, in the judgment of the Administrator of the Environmental Protection Aqency the emissions from the source comply with the appropriate standard or if the owners or operators of the source have requested a waiver of compliance or have been granted a waiver of compliance. This application should accompany the report information provided in Section I. 1. Reason - State the reasons for requesting a waiver of emission testing. If the reason stated is that the emissions from the source are within the prescribed limits, documentation of this condition must be attached. Date Signature of the owner or operator (Sec. 114, of the Clean Air Act as amended (42 U.S.C. 7414)) [40 FR 48303, Oct. 14, 1975, as amended at 43 FR 8800, Mar. 3,19781 40-101 0-79----- 22 327 CAPCO JEN 0000353