Document jyaN1m99b2Kq552j0jyb2v2zk

FILE NAME: Fluor (FLU) DATE: 1974 FLU101 DOC#: FLU101 DOCUMENT DESCRIPTION: EPA Proposed Rule banning asbestos in molded thermal insulation, 1974 HeinOnline Citation: 39 Fed. Reg. 38064 1974 Content downloaded/printed from HeinOnline (http://heinonline.org) Wed Jul 25 09:03:48 2012 -- Your use of this HeinOnline PDF indicates your acceptance of HeinOnline's Terms and Conditions of the license agreement available at http://heinonline.org/HOL/License -- The search text of this PDF is generated from uncorrected OCR text. 38064 ENVIRONMENTAL PROTECTION AGENCY [ 40 CFR Part 611 [ERL 275-1] ASBESTOS AND MERCURY Proposed Amendments to National Emis sion Standards for Hazardous Air Pol lutants On April 6, 1973 (38 F R 8820), pur suant to section 112 of the Clean A ir A ct, as amended, the Administrator promulgated national emission standards for the hazardous air pollutants asbes tos, beryllium, and mercury. Clarifying amendments to the original standards were promulgated on May 3,1974 (39 P R 15396), to advise the public how the regulations are being interpreted in Agency enforcement activities. The Ad ministrator proposes herein amend ments to the standards for asbestos and mercury. The Adm inistrator also pro poses amendments to Appendix B , Test Methods, of this part. In accordance with section 117 of the A ct, publication of These proposed amendments was pre ceded by consultation with appropriate advisory committees, independent ex perts, and Federal departments and agencies. Interested persons may participate in this rulemaking by submitting written comments (in triplicate) to the Emis sion Standards and Engineering Division, Environmental Protection Agency, R e search Triangle Park, North Carolina 27711, Attention: M r. Don R . Goodwin. The Administrator will welcome com ments on all aspects of the proposed reg ulations, including economic and tech nological issues, and on the proposed test method. A ll relevant comments received not later than December 5, 1974, will be considered. Comments received will be available for public inspection at the O f fice of Public Affairs, 401 M Street SW ., W ashington, D .C . 20460. Background in formation materials explaining the ac tion taken have been published in a re port entitled Background Inform ation on National Emission Standards for Haz ardous Air Pollutants, Proposed Amend ments to Standards for Asbestos and Mercury (EPA-450/2-74-009). This re port is too voluminous to publish in the F ederal R egister; copies are available on request from the Emission Standards and Engineering Division, Research T ri angle Park, North Carolina 27711, A t tention: M r. Don R . Goodwin. The in formation contained in this report is briefly discussed below. The Environmental Defense Fund, et a l., filed on M ay 7,1973 a Petition for R e view of the national emission standards for hazardous air pollutants promulgated on April 6, 1973. As a result of this ac tion, the Agency investigated the need for extending coverage of the standards to additional sources of asbestos and mercury in order to protect public health with an ample margin of safety. In ad dition, experience by the Agency in en forcing the standards promulgated on April 6,1973, revealed that several m ajor PROPOSED RULES sources of asbestos emissions are not cov ered and some portions of the asbestos standard need clarifying. The Adminis trator believes that the clarifications proposed herein are sufficiently substan tive to warrant proposal for public com ment, rather than inclusion in the clari fying changes which were promulgated, without prior proposal, on May 3, 1974. Asbestos Manufacturing. It is the Administra tor's judgment that the manufacture of shotgun shells and the manufacture of asphalt concrete are m ajor sources of as bestos which should be added to the list' of nine manufacturing operations cov ered by the promulgated asbestos stand ard. The asbestos emissions from the two additional m anufacturing operations will be limited to the same extent as those of the other nine manufacturing opera tions: Visible emissions to the outside air are prohibited, but an option of using specified air-cleaning methods is pro vided. Fabrication. Fabrication operations were excluded from the promulgated standard because it was thought that only new construction sites were m ajor fabrication sources of asbestos emissions and these were thought "to be adequately controlled by Occupational Safety and Health Adm inistration (OSHA) regula tions. The petition of the Environmental Defense Fund, et a l., questioned the ex clusion of fabrication operations from the promulgated standard. In response to these questions, the Agency conducted further investigations of the various fab rication operations involving asbestos products. These investigations showed that asbestos products other than insu lating products are field-fabricated to only a lim ited extent and that the Agency's previous reliance on OSHA regulations to cover field fabrication is unnecessary. However, the investiga tion showed th at fabrication of some asbestos products in central shops is a m ajor source of asbestos emissions. It is the judgment of the Adm inistrator that the only field-fabricating operation for asbestos products which is a m ajor source is the installation of molded as bestos insulating materials. The amend ment proposed herein prohibits the in stallation of the following materials that contain commercial asbestos: Molded insulating materials which are friable and wet-applied insulating materials which are friable after drying. A wide variety of asbestos insulating products has been used for thermal in sulation. M any, though not all, of the products are friable and produce signifi cant quantities of asbestos-containing dust during cutting to fit contours of specific equipment and during installa tion. One common type of friable insula tion is . molded, asbestos-reinforced blocks, sheets, and semicircular sections for pipe insulation. Some powdered as bestos cement products which are mixed into a slurry and used to insulate ex tremely irregular shapes are also friable, after drying. Insulating products which contain no commercial asbestos have been developed for many applications, largely because of the known occupational hazards of in stalling products such as the common types of molded asbestos pipe insulation. Friable, molded thermal insulation which contains asbestos is no longer m anufac tured in the United States, and asbestosfree products are now available for the complete range of temperature require ments. Fiberglass is used at lower tem peratures, and ceramic fibers are used for extremely high temperature require ments. Asbestos-free substitutes are also available for powdered asbestos cement insulation. W hile control methods are available for the installation of friable asbestos in sulating materials and for their removal during demolition and renovation, the methods permit some asbestos emissions during these operations and during tho disposal of the. accompanying v/asto materials. The availability of an eco nomical and more effective control method, i.e., the use of asbestos-free in sulating products, together with tho un certainty as to the nature of the dosoresponse curve of asbestos in m an, indi cates that it would be prudent to prohibit the use of friable asbestos insulating products. Even though the use of theso asbestos products in the United States has been largely discontinued, a regula tion is necessary to stop the use that still exists and to ensure that such products are not used again in the future. Asbestos is used in numerous manu factured products, and many of tho products undergo some type of fabrica tion prior to application in an ond uso. Some fabrication involves cutting opera tions which do not generate large quanti ties of asbestos emissions, for example, the cutting to size of vinyl-asbestos floor tile during installation. In other in stances, processing which could bo per formed at fabrication sites is incorpo rated into manufacturing operations; this type of processing is already covered as part of the corresponding m anufac turing operation by the standard prom ulgated on April 6,1973. Examples of this practice are the grinding of motor ve hicle brake linings when it is done at the site of manufacture, and the custom sizing of asbestos cement sheets for con struction of individual facilities per formed as part of the m anufacturing process before the product has reached a hardened condition. On the basis of information obtained during investigation of the various fabri cation operations involving asbestos products, the Administrator has deter mined that fabrication of the following materials in central fabricating shops is a major source of asbestos emissions: (1) Asbestos-cement building m aterials, (2) asbestos-cement and asbestos-silicate boards for six major end uses, and (3) asbestos friction products. A n amend ment to the asbestos standard is pro posed herein to lim it the emissions of asbestos from central fabricating shops which process these types of m anufac tured products. The proposed amond- FEDERAL REGISTER, VOL. 39, NO . 208-- FRIDAY, OCTOBER 25, 1974 HeinOnline -- 39 Fed. Reg. 38064 1974 PROPOSED RULES 38065 ment prohibits visible emissions to the " demolition" (39 F R 15396) to clarify outside air but provides an option for that demolition includes the removal or using specified air-cleaning methods, stripping of friable asbestos materials or which is the same emission lim it that is specified items insulated or fireproofed specified for asbestos manufacturing with friable asbestos materials prior to sources. Asbestos cement building prod the wrecking and removal of load-sup- ucts include fiat sheets, corrugated porting structural members. sheets, shingles, and laminated panels The current demolition provisions of which are used for walls and roofs of the asbestos standard apply only to industrial buildings, canal bulkheads, "friable asbestos m aterials." Enforcing cooling tower construction, and other the standard led to questions about applications. The major applications of which materials are "friable" and which asbestos cement or.asbestos silicate board materials are not "friable." It is not which involve fabrication have been possible to specify friability in a quanti identified as ventilation hoods; ovens; fiable way because there is no standard electrical panels; laboratory furniture; ized test method for friability; however, bulkheads, partitions, and ceilings for the provisions proposed herein include a marine construction; and flow control definition for "friable asbestos m aterial." devices for the molten- metal industry. The definition is " any m aterial that con Asbestos friction products include brake tains more than 1 percent asbestos by linings and clutch facings for motor ve weight and that can be crumbled, pul hicles. Enforcement of the asbestos verized, or reduced to powder, when dry, standard revealed the existence of facili by hand pressure." The use of the term ties which fabricate automotive brake : "friable asbestos m aterial" in the stand shoe linings but do not manufacture the ard is intended to distinguish between linings as that term is defined in the materials such as vinyl-asbestos floor promulgated regulations, and therefore tile and molded asbestos pipe insulation. are not. covered by the- standard. The The asbestos fibers in floor tile are fabrication operations performed at tightly bound and cannot escape easily; these facilities Are sim ilar to those a t asbestos friction product manufacturing however, asbestos fibers in molded mate plants, which are covered by the stand rials are readily released. ard. The proposed amendment extends The Agency has received comments from demolition trade associations con coverage of the asbestos standard to these fabrication operations, but does not cerning the friability of corrugated as apply to brake shoe radius-grinding bestos paper insulation. The determina which is sometimes performed diming tion of whether this type of insulation is brake shoe replacement on automobiles friable Is complicated. Friability of such to ensure good braking immediately paper after installation appears to de after installation. Relatively small quan pend on the degree of deterioration of tities of asbestos-containing dust are the paper binders. New paper insulation generated by individual installers, and does not seem to be friable, but Insula even these small quantities were being tion which has been installed for a long controlled at facilities inspected by the period of time is more likely to have Agency. Combination brake drum, grind undergone some deterioration and be ing and brake shoe radius-grinding ma come friable. Therefore, the determina chines are in general use which are tion of _ whether corrugated asbestos equipped with a local dust pick-up and paper insulation is friable will be made fabric-typ.e filter for collection of the on a case-by-case basis. brake lining dust: Also, the emissions are The proposed definition of "friable as generally vented into the room where bestos m aterial" excludes those materials the operation takes place rather than that contain less than 1 percent asbestos into the outside air. by weight. This exclusion is intended to Demolition and Renovation. Amend make the demolition provisions consist ments to the demolition provisions of ent with the spraying provisions which the asbestos standard are proposed permit the use of spray-applied asbestos herein. A definition of "friable asbestos insulation or fireproofing that contains material" is proposed, and an exemption less than 1 percent asbestos by weight. from certain wetting requirements under Asbestos insulation or fireproofing ma subfreezing conditions is proposed. It is terials have in the past generally con also proposed th a t the standard cover tained between 10 and 90 percent asbestos renovation operations and stripping of by weight. No materials are known that apparatus other than pipes, boilers, and contain below 1 percent asbestos by load-supporting structural members. weight, with the exception of recently , The demolition provisions, 40 C FR developed spray-on insulation or fire P art 61, require a report to the Adminis proofing products and materials that trator of intention to demolish. It has contain asbestos as a natural contami been questioned whether friable asbestos nant. materials may be removed from a build The promulgated asbestos regulation ing, structure, facility, or installation does not apply to renovation operations prior to submitting the report, and with where load-supporting structural mem out following the work practices of the bers are not wrecked; or to stripping and standard. The intent of the standard is removal in sections of apparatus other to control emissions of asbestos from the than pipes, boilers and load-supporting stripping and rem oval'of ih e friable as structural members covered with friable bestos materials as.w ell as from the ac asbestos m aterials. Investigations con tual wrecking operations. Consequently, ducted by the Agency indicate that the it is proposed to revise the definition of following operations can potentially gen erate asbestos emissions sim ilar in mag nitude to operations covered by the promulgated standard, and these opera tions are therefore major sources of as bestos emissions: 1. D ining renovation of buildings or structures, the stripping of significant amounts of friable asbestos m aterial from pipes, boilers, tanks, reactors, tur bines, furnaces, or structural members; or the removing of such pipes and appa ratus in sections. 2. During demolition of buildings or structures, the stripping of friable as bestos materials from tanks, reactors, turbines, furnaces, and non-load-supporting structural members; or the re moving of such apparatus in sections. 3. During demolition of buildings or structures, the stripping of friable as bestos material from previously removed units or sections of pipes, boilers, re actors, turbines, furnaces, and structural members covered with friable asbestos m aterials. The Administrator has determined that a four-unit apartment building, the maximum size apartment building that is excluded from the asbestos standard, typically contains 80 meters of insulated pipe and 15 square meters of insulation .. on a steam boiler. Renovation operations Involving such quantities of friable as bestos materials could therefore generate asbestos emissions of the same magnitude as the demolition operations presently covered by the standard. Therefore, th e Administrator proposes to extend the asbestos standard to cover renovation operations with emission potential of a magnitude sim ilar to- that of demolition operations covered by the standard. It is recognized that in some renova tions, such as the replacement of a boiler in an apartment buildings it may not be feasible to provide 10 days' notice as re quired by the asbestos standard. Accord ingly, the amendments proposed herein specify that notice of any renovation op eration must be provided "as early as possible" prior to the commencement of renovation. When 10 days' notice Is pos sible, the notice should be postmarked, that early. It Is proposed that the demolition pro visions be amended to allow load-sup porting structural members to be wrecked before friable asbestos m aterial is re moved from the entire building or struc ture, provided th at: (a) The friable asbestos material in the area that Is be ing actively wrecked is previously re moved according to the procedures re quired by the standard, and (b) the friable asbestos m aterial in areas not be ing wrecked still can be stripped or re moved prior to susbequent active wreck ing in those areas. The proposed provi sion does not alter the stringency of the asbestos standard but does provide some flexibility to the contractor carrying out a demolition operation. The demolition industry commented that the promulgated asbestos standard should permit pipes or apparatus to be taken out of buildings or structures in units or in sections without first stripping the asbestos insulation or fireproofing. FEDERAL REGISTER, V O L 39, N O . 208-- FRIDAY, OCTOBER 25, 1974 HeinOnline --39 Fed. Reg. 38065 1974 38066 proposed rules The promulgated standard does not pro hibit this practice; but since such ques tions had been raised, amendments were promulgated (39 F R 15396) to clarify that this practice is permitted. The units or sections can be stripped at the demolition site or other unenclosed area after removal, or possibly in an enclosed building. The stripping operations for units or sections are considered by the Administrator to be major asbestos emission sources sim ilar to stripping per formed in place in buildings or struc tures. Therefore, it is proposed herein that the requirement for wetting friable asbestos insulating and fireproofing ma terials during stripping in buildings and structures be extended to cover the stripping of pipes or apparatus removed in sections or in units from the buildings or structures with the asbestos materials intact. An option is also included for using specified air-cleaning equipment if the stripping is carried out in an en closed area. It is proposed herein that the require ment of the promulgated standard for wetting of asbestos insulation and fire proofing during stripping from a build ing, structure, facility or installation be suspended when the temperature is below 0C (32F) at the place of wetting the friable asbestos m aterials. Demolition contractors have commented that wet ting at temperatures below this level pro duces freezing of oversprayed water and hazardous footing for workers. On the basis of observations by the Agency of demolition sites during freezing weather, the Administrator has determined that the spraying of water in those areas where workers will be walking presents a serious hazard. A narrow exemption from the wetting requirement during freezing weather is therefore proposed. However, friable asbestos materials must still be removed from the building or structure prior to wrecking, and proce dures have been specified in the proposed amendment which will minimize asbestos emissions when the wetting requirements are suspended because of freezing weather. Pipes and specified apparatus with friable asbestos materials intact must be removed in sections prior to wrecking whenever possible. Once these sections are removed from buildings, subsequent stripping of friable asbestos materials is not exempted from the wetting requirements, regardless of out side temperature. Additionally, friable asbestos m aterial wastes must be wetted under all circumstances. It is the Ad ministrator's judgment that, when the above measures are taken, the suspen sion of the wetting requirements during periods of freezing weather will continue to protect human health with an ample margin of safety. A revision is proposed herein which makes the reporting requirements for emergency demolition operations more explicit and requires wetting during such operations. Only buildings, structures, fa cilities, and installations which have been ordered to be demolished because they are structurally unsound and in danger of imminent collapse would be exempted from the requirement of stripping or re moving of friable asbestos materials be fore demolition. The order for emergency demolition must be made by an author ized representative of the appropriate State or local governmental agency. The proposed amendments require that the report of intention to demolish be post marked as early as possible prior to the commencement of demolition. In such emergency operations, the portions of the structure containing friable asbestos ma terial must be wetted during the wreck ing operation. This requirement applies even in freezing weather, since such spraying w ill not endanger workmen within the building. Waste Disposal. The petition of the En vironmental Defense Fund, et a l., ques tioned the exclusion of asbestos waste disposal operations and some portions of asbestos m ill-tailings disposal operations from the promulgated standard. In re sponse to the questions raised, the Agency initiated a more extensive study of emissions from the disposal of asbes tos-containing waste m aterials. Asbestos ambient air monitoring studies were con ducted at an asbestos m ill-tailings dis posal site, and at a waste disposal site for asbestos m anufacturing and fabricat ing operations. In addition, seven as bestos waste disposal or landfill opera tions, and six asbestos m ill-tailings dis posal sites were inspected. Discussions were held with asbestos manufacturing plant operators, asbestos fabricating plant operators, and demolition contrac tors. The results of this investigation in dicated that asbestos waste disposal should be regulated by the national emis sion standard for asbestos. Amendments are proposed herein for the disposal of asbestos wastes generated by asbestos m ills; and for asbestos m anufacturing, fabricating, demolition, and spraying op erations which are covered by either the promulgated standard or'provisions pro posed herein. The proposed standard con trols the waste disposal operations of packaging, transporting, and deposition at a waste disposal site, and operation of the asbestos v/aste disposal site. The proposed provisions for the dis posal of asbestos waste require that there be no visible emissions to the outside air during any stage of the disposal process, extending from collection of the waste through deposition of the waste at an ultimate disposal site. The use of specified disposal practices i.s proposed as an alter native to complying with the no-visibleemissions requirement of the regulation- The method proposed as an alternative to the no-visible-emission requirement for asbestos m ill v/aste disposal requires that the waste be adequately wetted with a specified dust suppression agent, with out creating visible emissions to the out side air, and subsequently deposited at a disposal site. Two methods are proposed as alterna tives to the no-visible-emission require ment fo r the asbestos waste generated at asbestos manufacturing, fabricating, demolition, and spraying operations. One method allows wetting the v/aste v/ith water without creating visible emissions to the atmosphere, then sealing tho v/etted v/aste into impermeable con tainers, labeling the containers to pro vide ngtice that a hazardous material is contained within, and depositing tho filled containers a t a disposal site. Tho second method allows for the asbestos waste to be formed into non-frlable pel lets without creating visible emissions to the outside air and then depositing tho pelletized waste at a disposal site. The Agency investigation revealed that in some cases empty paper and plastic bags that previously contained asbestos were contaminated with asbestos fibers and were incinerated. There is no known control device available that allows most solid waste incinerators to control par ticulate emissions to the level achievable for such sources as asbestos mills and manufacturing operations covered by tho promulgated regulation. There are envi ronmentally acceptable alternative dis posal methods for disposing of such v/aste, such as landfilling. Accordingly, it is proposed herein to prohibit the incin eration of containers such as paper or plastic bags that previously contained commercial asbestos. The .proposed provisions for v/aste dis posal sites require that there be no visible emissions to the outside air from the operations performed at the site and from the deposited v/aste. In addition, it is proposed that warning signs be in stated to alert the general public of tho potential asbestos hazard, and that fences be installed to restriot access of the general public to the disposal site. The intent of the fencing requirement is to provide a positive deterrent to the general public, especially children, in gaining entrance to the disposal site, creating asbestos dust by disturbing tho surface of the v/aste site, and becoming exposed to asbestos emissions. I f the as bestos v/aste is disposed of in a landfill operation that is covered by at least 60 centimeters of non-asbestos-containlng material or 15 centimeters of non-asbestos-containing material on which an adequate vegetative cover is maintained, minor disturbances of the surface such as walking will not cause the generation of asbestos, emissions. Therefore, such sections of a disposal site are exempt from the fencing requirement. The proposed alternatives for compli ance with the no-visible-emisslons re quirement for v/aste disposal sites aro divided into two groups. The disposal site must comply v/ith at least one of the specified disposal methods for the active sections of the site and at least one speci fied management method for inactivo sections of a site. The proposed regula tion distinguishes between active and in active sections of a site because tho meth ods for controlling asbestos emissions from each section differ. For an active site, spraying the surface of the v/aste with a resinous or petro leum-based dust suppression agent, or covering the waste with at least 15 centi meters of non-asbestos material at the FEDERAL REGISTER, V O L 39, NO. 208-- FRIDAY, OCTOBER 25, 1974 HeinOnline - 39 Fed. Reg. 38066 1974 PROPOSED RULES 38067 end of each operating day, "will reduce emissions. The Agency's guidelines for Land Dis posal of Solid Waste which were promul gated on August 14, 1974 (39 F R 29333), recommend that the thickness of com pacted final cover for waste disposal sites should not be less than 60 centimeters (ca. 2 feet). However, these guidelines do not apply to mining wastes. Since as bestos tailings piles are generally large in area, over 400,000 square meters (ca. 100 acres) in some cases, the requirement that a final non-asbestos-containing ma terial cover of 60 centimeters (2 feet) be applied to such large, steeply sloped areas is usually not practical. According ly, the proposed alternatives for inactive sections of asbestos m ill tailings disposal sites include the use of dust suppression agents, which is not included fo r other asbestos waste disposal sites that are reg ulated. Emissions from inactive asbestos m ill tailings disposal sites, or inactive sections of such sites, are regulated by the following alternative methods that reduce asbestos emissions: 1. Spraying the surface of the site with a resinous or petroleum-based dust sup pression agent according to the manu facturer's recommended application rate, or 1 2. Covering the disposal site with 15 centimeters of nonhsbestos-containing m aterial, and establishing and m aintain ing a cover o f vegetation on the disposal site adequate to control wind and water erosion. 3. Covering the disposal site with 60 centimeters of non-asbestos-containing material and maintaining such a cover in an erosion-free condition. Emissions from inactive asbestos waste disposal sites, or inactive sections of such sites, other than asbestos m ill tailings piles, are regulated by the following al ternative methods that reduce asbestos emissions: 1. Covering the inactive asbestos-con taining section of the disposal site with 15 centimeters of non-asbestos-contain ing material, and establishing and main taining a cover of vegetation on this area adequate to control wind and water ero sion, or 2. Covering the inactive section of the asbestos-containing section of the dis posal site with 60 centimeters of non- asbestos-containing material and main taining such cover in an erosion-free condition. M ercury An amendment to the mercury stand ard is proposed herein to lim it mercury emissions from the incineration and dry ing of wastewater treatment plant sludges to a maximum of 3,200 grams per day. The emission lim it was calculated from dispersion estimates to ensure that such sources wouldnot cause the ambient mercury concentration to exceed 1 m i crogram per cubic meter averaged over a 30-day period. The meterological esti mating procedure is the same as that used to develop standards for mercury ore processing facilities and mercury chlor-alkali plants (38 F R 8820), except that emission release conditions repre sentative of sludge incineration sites have been Used. The assumptions and equa tions used to make the dispersion esti mates are discussed in the background inform ation report. A t the time of proposal (36 F R 23239) and promulgation (38 E R 8820) of the national emission standard for mercury, the Agency had no inform ation which indicated that sewage sludge incinera tion plants emit mercury in quantities that could cause the ambient concen tration to exceed 1 microgram per cubic meter averaged over a 30-day period. The information available to the Admin istrator included stack tests for mercury emissions at five sewage sludge incinera tion plants. The maximum emission rate was 125 grams of mercury per day based on one of the tests which was later judged to be invalid on the basis of mass balance calculations. Emissions for the remaining four tests ranged from 1 to 40 grams of mercury per day. After promulgation of the national emission standard for mercury, ques tions concerning the impact on public health of mercury emissions from sewage sludge Incinerators were raised by the Environmental Defense Fund in their Petition for Review of the national emis sion standards for hazardous air pol lutants. Sim ilar questions were raised in connection with proposals to construct several large sludge incineration fa cil ities. In response, the Agency initiated a study to more completely characterize emissions of mercury from sewage sludge incinerators. Results from one emission test con ducted during the more recent investi gation gave an emission factor of 1.65 grams of mercury per metric ton of sludge incinerated, dry solids basis. The mercury stack sampling method de scribed in Method 101 (38 F R 8835) was used during the most recent test. The results of all tests suggest that a sig nificant quantity of mercury is collected by water scrubbers. Mercury Is emitted from the drying of municipal sludges and the incinera tion of industrial wastewater sludges, as well as from the incineration of mu nicipal sludges. The pretreatment of in dustrial wastewater streams to remove mercury before discharge into municipal wastewater treatment streams may be required in the future. This could pro duce sludges, which might be incinerated, with higher concentrations of mercury than municipal or combined municipalindustrial wastewater treatment plant sludges. Mercury concentrations of sew age sludges nationally average approxi mately 5 ppm on a dry solids basis: however, approximately 10 percent of the sludge samples have mercury concentra tions in excess of 15 ppm. Very large sludge incineration facilities are being contemplated for the future; for ex ample, one existing facility will in the near future incinerate 900,000 kg (ca. 2,000,000 pounds) of dry solids per day. I f this plant burned sludge with the highest reasonably expected mercury content of 15 ppm, and if only 50 percent of the mercury in the sludge were emitted into the atmosphere, the plant would emit 6,800 grams of mercury per day. This amount is over twice the maximum allowable mercury emission necessary to protect public health with an ample mar gin of safety. Sludge incineration facil ities with capacities of 1,800,000 kg (ca. 4,000,000 pounds) per day are being plannedfor operation In 2005. In view of the potentially large mer cury emissions from sludge incineration plants, the Administrator has determined that it is prudent to lim it mercury emis sions from this source. "While no sludge incineration facilities are known to be exceeding the proposed mercury emis sion lim itation at this tim e, the proposed lim itation w ill prevent a mercury emis sion problem from occurring in the fu ture by ensuring that new and modified facilities investigate and provide for con trol of potential mercury emissions prior to construction. Compliance with the proposed stand ard can be demonstrated either by deter mining the mercury content and charg ing rate of sludge and showing that the mercury input into the incineration plant is less than the maximum allowable emis sion, or by mercury stack sampling. M ost affected facilities are expected to choose the less expensive sludge sampling op tion; relatively few, if any, will find it necessary to sample stack emissions. Both the original national emission standard for mercury and the proposed amendments are designed to control the concentration of mercury in the ambient air adjacent to the point source. Since the standard is concerned primarily w ith the threat posed by Inhalation of mer cury In air immediately proximate to the point source, it does not deal with the long-range hazard posed by the addi tion of mercury from these point sources to the total environmental burden. Not addressed, for example, Is the mercury discharged from chlor-alkali, ore proc essing, and slude incineration plants that is eventually transported in water, and methylated and bioconcentrated in fish. The Agency has become increasingly concerned about the total environmental burden of mercury, however, and is initi ating studies to determine how this as pect can most effectively be addressed under the provisions of the Clean A ir A ct and other authorities. ENVIROiiMEKTAL IMPACT The proposed amendments will have significant beneficial effects by reducing emissions of asbestos and mercury to the outside air; they may also have lim ited adverse effects on land and water re sources. In the judgment of the Admin istrator, however, the beneficial effects of the proposed amendments -outweigh the following potentially adverse effects that were considered: 1. More asbestos waste w ill be collected in control devices and w ill have to be disposed of. - 2. The use of dust suppression agents to prevent wind erosion of asbestos waste may cause water pollution. FEDERAL REGISTER, V O L 39, N O . 208-- FRIDAY, OCTOBER 25, 1974 HeinOnline -- 39 Fed. Reg. 38067 1974 38068 PROPOSED RULES 3. Other possibly harm ful fibers such as fiberglass and mineral wool are sub stituted for asbestos in friable insulat ing m aterials. 4. Alternative disposal methods to the incineration of wastewater treatment plant sludges may cause mercury pollu tion of land and water. The proposed amendments will force more efficient cleaning of gases now being emitted to the outside air from some as bestos manufacturing and fabrication plants; this action in turn will result in the production of more asbestos-contain ing m aterial for disposal. However, the land disposal of such waste will be regu lated by the proposed standard, which will ensure protection against emissions to the outside air during all steps of the disposal process. Further, potential as bestos water pollution problems at dis posal sites can be prevented by proper selection, design and. operation of the sites. A ll landfill sites where asbestos wastes are deposited should be selected so as to prevent horizontal and vertical migration of asbestos fibers to ground or surface waters. In cases where geo logic conditions may not reasonably en sure this, adequate-precautions, such as the installation of impervious liners for the waste disposal site, should be taken to ensure long-term protection of the en vironment. Further, the intrusion of moisture into land disposal sites for as bestos should be minimized. To assist in the appropriate future use of asbestos waste disposal sites, the location of such sites should be permanently recorded in the appropriate office of the legal juris diction where the site is located. The as bestos waste disposal standard will be beneficial in reducing the amount of as bestos wastes that are disposed of, since it will stimulate some manufacturers who produce large quantities of poten tial wastes to reuse more of these wastes in their processes. The proposed stand ard will not increase the total quantity of asbestos waste to be disposed of from demolition and renovation operations, but will result in the segregation of the asbestos waste from large quantities of other demolition and renovation debris. Because the asbestos waste will then be more concentrated, the strict control of the disposal operations under the pro posed standard will be more economical and manageable. The use of dust suppression agents as optional methods to control wind erosion on all portions of asbestos m ill tailings piles and on active sections of other as bestos waste disposal sites should reduce the total amount of asbestos entering surface waters from such sites. Such agents have been used successfully to prevent wind erosion of dust from vari ous sources such as dirt roads, mine tail ings disposal areas, farm lands and air ports. W hile these agents could possibly cause land and water pollution prob lems, the history of usage over a period of more than 10 years has not revealed any substantial pollution problems. These agents are not toxic in the dilute form in which they are applied. A fter the agents have cured for a few hours, they will erode away only with long-term weathering. Although asbestos is no longer used in manufacturing friable insulating mate rials in the United States, the proposed standard bans the use of asbestos and therefore allows the use of substitute fibers such as ceramic wool, mineral wool, and fiberglass. In contrast with as bestos, there is no evidence that these materials cause adverse health effects in the concentrations found in occupa tional or ambient environments. The proposed amendment to the mer cury standard will force sludge incinera tion and drying plants to use alternative sludge disposal methods in only a few cases. W hile the use of land disposal could potentially cause mercury pollu tion of land and water, the amount of sludge that would have to be disposed of by this method will be very small com pared to the quantity of sludge already being disposed of by methods other than incineration. Adverse environmental ef fects to land and water can be minimized by proper selection, design, and opera tion of a land disposal method. E conom ic I mpact Although the proposed amendments are not based on economic considera tions, the Agency has evaluated the eco nomic impact and considers it to be rea sonable. Estimated costs for compliance for the several sources covered by the amendments, and the resulting economic im pact, are discussed in the background inform ation document. Compliance with the proposed amend ments to the asbestos standard will be achieved by the installation of small gas cleaning devices, the use of asbestos-free materials, wetting during wrecking or renovation operations, the application of dust suppression agents to asbestos waste disposal piles, and other methods. Costs will vary greatly among the categories o f asbestos sources because a wide variety of sources of both fugitive and process emissions are covered. Costs will also vary greatly among individual asbestos sources within a category, since the de gree of control practiced now is variable; some sources can comply without addi tional expenditures. The proposed amendments may adversely affect some individual marginal operations, but the im pact to the asbestos industries as a whole should not be large. The economic im pact of the proposed mercury standard on existing sludge in cineration and drying plants is expected to be minimal. No known existing plants will exceed the standard, and the cost of demonstrating compliance will be only about $200 for most individual sources. Only those new sludge incineration and drying plants th at process high-m ercurycontent sludge, or extremely large quan tities of sludge, will be affected by the proposed standard. The size of such new sludge incinerators will be lim ited, with the result that a portion of the sludge will have to be disposed of by alternative methods. W hile the alternative methods may increase disposal costs for a few facilities, the im pact of the proposed standard on new sludge incinerators is also estimated to be sm all. This notice of proposed rulemaking is issued under the authority of sections 112 and 114 of the Clean A ir A ct as amended (42 U .S .C . 1857c-6 and 9). Dated: October 10,1974. J o h n Q u ailes, Acting Administrator* It is proposed to amend Part 61 of Chapter I , Title 40 of the Code of Fed eral Regulations by revising subparts A , B , and E and by adding Method 105 to Appendix B as follows: Subpart A-- General Provisions 1. Section 61.14 is amended by revis ing paragraph (c) and adding para graph (d). The revised and added para graphs read as follows: 61.14 Source test and analytical meth ods. * * * * (c) The Administrator may, after no tice to the owner or operator, withdraw approval of an alternative method granted under paragraphs (a), (b), or (d) of this section. Where the test results using an alternative method do not ade quately indicate whether a source is in compliance with a standard, the Admin istrator may require the use of the ref erence method or its equivalent. (d) Method 105 in Appendix B to this part is hereby approved by the Admin istrator as an alternative method for sources subject to 61.52(b). Subprt B-- National Emission Standard for Asbestos 2. Section 61.21 is amended by revis ing paragraph (j) and adding para graphs (k), (1), (m ), (n), (o), (p), (q), and (r). The revised and added para graphs read as follows: 61.21 Definitions. * * 4 O Q (j) "Demolition" means the wreoldng or taking out of any load-supporting structural member and any related re moving or stripping of friable asbestos m aterials. (k) "Friable asbestos m aterial" means any material that contains more than 1 percent asbestos by weight and that can be crumbled, pulverized, 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 control device. (m) "Renovating" means the remov ing or stripping of friable asbestos mate rial used to insulate more than 80 meters (ca. 260 feet) of pipe; or the removing or stripping of more than 15 square meters (ca. 160 square feet) of friable asbestos material used to insu late or fireproof any boiler, tank, reac tor, turbine, furnace, or structural momber. Operations in which load-support ing structural members are wrecked or taken out are excluded. FEDERAL REGISTER, VOL. 39, NO. 208-- FRIDAY, OCTOBER 25, 1974 HeinOnline --39 Fed. Reg. 38068 1974 PROPOSED RULES 3S069 (n) "Removing" means taking ouat sbestos m aterial used for insulation or friable asbestos materials used to insu fireproofing. late or fireproof any pipe, boiler, tank, (iv) Address or location of the build reactor, turbine, furnace, or structural ing, structure, facility, or installation. member from any building, structure, (v) Scheduled starting and comple fa cility , or installation. tion dates of demolition or renovation. (6) " Stripping" means taking off fri (vi) Nature of planned demolition or able asbestos materials used for insula renovation and method (s) to be em tion or fireproofing from any' pipe, ployed. boiler, tank, reactor, turbine, furnace, or (vii) Procedures to be employed to structural member. meet the requirements of this paragraph () "Fabricating" means any process and paragraph (j) of this section. ing of a manufactured product contain (viii) Name, title, and authority of the ing commercial asbestos, with the excep State or local governmental represent tion of processing at temporary sites for ative who has ordered a demolition sub the construction or restoration of build ject to paragraph (d) (4) of this section. ings,. structures, facilities, or installa (2) The following procedures shall tions. used to prevent emissions of particulate . (q) "Inactive section of disposal site" asbestos m aterial to outside air: means any section of a disposal site (i) Friable asbestos materials, used to where additional asbestos waste mate insulate or fireproof any pipe, boiler, tank, rial will not be deposited and where the reactor, turbine, furnace, or structural surface is not disturbed by vehicular member, shall be removed from any traffic. building, structure, facility, or installa (r) "Active section of disposal site" tion subject to this paragraph. Such re means any section of a disposal site moval shall occur before wrecking or other than an inactive section. dismantling of any portion of such build 3. Section 61.22 is amended by revising, structure, facility, or installation ing paragraphs (c) (10) and (c) (11), that would break up the friable asbestos (d), (f), and (g) and adding paragraphs materials or that would preclude access (h ), (i), ( j) , (k), and (1). The revised to such materials in another portion for and added paragraphs read` as follows: subsequent removal. 61.22 Emission standard. (ii) A ll stripping shall be accom * i* ' ' * * plished while the friable asbestos mate rial is adequately wetted, except as pro () * * * vided in paragraph (d) (2) (vil) of this (10) The manufacture of shotgun section. shells. (iii) Pipes, boilers, tanks, reactors, (11) The manufacture of asphalt turbines, furnaces, or structural members concrete. that are insulated or fireproofed with (d) Demolition and renovation: The friable asbestos materials may be taken requirements of this paragraph shall out of any building, structure, facility, or apply to any owner or operator of installation subject to this paragraph a demolition or renovation operation who as units or in sections provided the fri intends to demolish any institutional, able asbestos materials exposed during commercial, or industrial building (in cutting or disjointing are adequately cluding apartment buildings having wetted during the cutting or disjointing more than four dwelling units), struc operation and subsequent removal. Such ture, facility, installation, or portion units shall not be dropped or thrown to thereof which contains any pipe, boiler, the ground from any building, structure, tank, reactor, turbine; furnace, or facility or installation subject to this structural member that is insulated or paragraph but shall be carefully lowered fireproofed with friable asbestos mate *to ground level. rial; or who intends to renovate any (iv) The stripping of friable asbestos institutional, commercial, or industrial materials used to insulate or fireproof building, structure, facility, installation, any pipe, boiler, tank, reactor, turbine, orportion thereof. furnace, or structural member th at has (1) W ritten notice of intention to deb een removed as a unit or in sections as molish. or renovate shall be provided to provided In paragraph (d) (2) (iii) of this the Administrator by the owner or op section shall be performed in accordance erator of the demolition or renovation with paragraph (d) (2) (ii) of this section. operation. Such notice shall be post Rather than comply with the wetting marked at least 10 days prior to com requirement, an owner or operator may mencement of demolition, or as early as elect to use the methods specified in possible prior to commencement o f 61.23 to clean emissions containing par emergency demolition subject to para ticulate asbestos m aterial before such graph (d) (4) of this section, and as early emissions escape to, or are vented to, the as possible prior to commencement of outside air. renovation. Such notice shall include (v) Friable asbestos materials used for the following inform ation: insulation or fireproofing which are en (i) Name o f owner or operator. cased in concrete or other sim ilar struc (ii) Address of owner or operator. tural m aterial do not have to be removed (iii) Description o f the building, prior to wrecking, but shall be thoroughly structure, facility, or installation to be wetted when exposed throughout the demolished or renovated, including the wrecking of such m aterials. size, age, and prior use of the structure; (vi) A ll friable asbestos materials that and the"approximate amount of friable have been removed or stripped shall be wetted adequately to ensure th at such materials remain wet during a ll stages o f demolition, renovation and related handling operations. Such materials shall not be dropped or thrown to the ground from any building, structure, facility or installation subject to this paragraph or from any floor to a floor below. For build ings, structures, facilities, or Installations 50 feet or greater in height, such ma terials shall be transported to the ground via dust-tight chutes or containers. (vii) Except as specified below, the wetting requirements of this paragraph are suspended when the temperature a t the point of wetting of friable asbes betos materials is below O'C 32F). "When ever friable asbestos materials are not wetted due to freezing tem peratures, such materials on pipes, boilers, tanks, reac tors, turbines, furnaces, or structural members shall, to the maximum extent possible, be removed in sections prior to wrecking. In no case shall the require ments of paragraphs (d) (2) (iv) or (d) (2)(vi) be suspended due to freezing temperatures. (3) Sources subject to this paragraph are exempt from the requirements o f 5 61.05(a), 61.07; and 61.09. (4) Any owner or operator o f a demoli tion operation who intends to demolish a building, structure, facility, or installa tion, or portion thereof, to which the provisions of this paragraph would apply but which has been ordered to be wrecked by an authorized representative of the appropriate State or local governmental agency because that building is structurally unsound and in danger o f im minent collapse Is exempt from a ll but the following requirements of paragraph (d) of this section: (i) The report requirements specified by paragraph (d> (1) of this section; (il) The requirements on stripping of friable asbestos materials from previously removed units or sections as specified in paragraph Cd) (2) (iv) o f this section; (iii) The wetting, as specified by para graph (d) (2) (vi) o f this section, of fria ble asbestos materials that have been removed or stripped; (iv) The portion o f the structure being demolished that contains friable asbestos materials shall be adequately wetted during the wrecking operation. * * * * (f) Rather than meet the no-visible emission requirements as specified by paragraphs (a), (c), (e), (h ), ( j) , and <k) of this section, an owner or operator may elect to ue the methods specified by 61.23 to clean emissions containing particulate asbestos m aterial before such emissions escape to, or are vented to, the outside air. (g) Where the presence of uncombined water is the sole reason for failure to meet the no-visible-emission requirementof paragraphs (a ), (c), (e), (h ), ( j), or (k) of this section, such failure shall n o t be a violation of such emission require m ents. Xh) Fabricating: There shall be no visible emissions to the outside a ir, except FEDERAL REGISTER, V O L 39, NO . 208-- FRIDAY, OCTOBER 25, 1974 ' 4 HeinOnline -- 39 Fed. Reg. 38069 1974 38070 PROPOSED RULES as provided in paragraph (f) of this sec be labeled with a warning label that shall conform to the requirements of tion, from any building or structure in states: 20" x 14" upright form at signs specified which the following operations are con c a u t io n in 29 CFR 1910.145(d) (4) (37 F R 22239) ducted or directly from any of the follow CONTAINS ASBESTOS and this paragraph. The signs shall dis ing operations if they are conducted out AVOID OPENING OB BREAKING CONTAINER play the following legend in tho lower side of buildings or structures: BREATHING ASBESTOS IS HAZARDOUS TO TOUR panel, with letter sizes and styles of a (1) The fabrication o f cement building HEALTH visibility at least equal to those specified products. in this paragraph. (2) The fabrication of friction prod (ii) Pelletizing of asbestos-containing Legend ucts, except those operations that pri waste into non-friable pellets: marily install asbestos friction materials (A) A ll wastes specified in paragraph Asbesto s Waste D ispo sa l Bit e on motor vehicles. (j) (1) of this section shall be pelletized Do Not Create Dust (3) The fabrication of cement or sili into non-friable pellets and deposited at Breathing Asbestos cate board for ventilation hoods; ovens; a waste disposal site. la Hazardous to Y o u r H ealth electrical panels; laboratory furniture; (B) The collection of all wastes speci Notation bulkheads, partitions and ceilings for fied in paragraph (j) (1) of this section marine construction; and flow control and the pelletizing operation shall not 1" Sans Serif, Gothic or Block devicesfor the molten metal industry. result in the discharge of visible emis Sans Serif, Gothlo or Block 14 P oint Gothlo (i) Insulating: Molded insulating ' sions to the outside air except as specified materials which are friable and wet- in paragraph (f) of this section. Spacing between lines shall be at least applied insulating materials which are friable after drying, installed after the (k) Waste disposal for asbestos m ills: equal to the height of the upper of the (l) There shall be no visible emissions two lines. effective date of these regulations, shall contain no commercial asbestos. The pro to the outside air, except as provided in paragraph (k) (2) of this section, from (3) Asbestos-containing sections of tho disposal site shall be fenced in order to visions of this paragraph do not apply to insulating materials which are spray the collection, processing, packaging, transporting, or deposition of asbestos deter access to unauthorized individuals, unless the requirements of paragraphs applied; such materials are regulated under 61.22(e). ore tailings or control device asbestos waste which is generated by an asbestos (1) (4) (i) (B) and (1) (4) (ii) are met. (4) Rather than meet the requirement (j) W aste disposal for m anufactur m ill. ing, fabricating, demolition, renovation, (2) of paragraph (1) (1) of this seotion for Bather than meet the requiremenetmissions after the deposition of as and spraying operations: (1) There shall be no visible emissions of paragraph (k) (1) of this section, an owner or operator may elect to use the bestos-containing waste at a disposal site, an owner or operator may elect to uso to the outside air, except as provided in paragraph (j) (3) of this section, from following methods, or an alternative dis posal method approved by the Adminis one of the methods of paragraph (1) (4) (i) of this section and one or moro of the collection, processing, packaging, trator: the methods of paragraph (1) (4) (ii) or transporting, or deposition of asbestos- (i) Control device asbestos waste shall (1) (4) (iii) of this section, or alternative containing waste which is generated by be transferred to the tailings conveyor in control methods approved by the Admin the sources covered by paragraphs (c), a manner that results in the discharge of istrator to control emissions from waste (e), and (h) of this section, and of the no visible emissions to the outside air, disposal sites. friable asbestos waste and control device except as provided in paragraph (f) of asbestos waste which is generated by the this section. Such waste shall be subse (i) Active sections of disposal sites: (A) A resinous or petroleum-based sources covered by paragraph (d) of this quently processed as specified in para dust suppression agent which effectively section. The owners or operators of such graph (k) (2) (ii) of this section. Alter binds dust and controls wind erosion sources shall take all necessary actions natively, such waste may be disposed of shall be applied at the end of each op to ensure that a ll steps, from collection as specified in paragraph (j) (3) of this erating day, or at least once every 24- through deposition at a waste disposal section. hour period while the site is in continu site, in the disposal process o r asbestos- (ii) A ll ore tailings and control device ous operation, to all asbestos-containing containing wastes generated by the asbestos waste shall be adequately wetted, active portions of a disposal site. Such sources comply with the provisions of this with a resinous or petroleum-based dust agent shall be mixed in the concentra paragraph. suppression agent recommended by the tion and applied a t the rate recom (2) The incineration of containers m anufacturer of the agent to effectively mended for the particular dust by tho which previously contained commercial bind dust and control wind erosion, prior dust suppressant manufacturer. Other asbestos is prohibited. to deposition in the tailings disposal area. equally effective dust suppression agents (3) Bather than meet the require Such agent shall be m ixed in the concen may be used upon approval by tho Ad ments of paragraph (j) (1) of this sec tration recommended for the particular m inistrator; or tion, an owner or operator may elect to dust by the m anufacturer of the agent. (B) A cover of a t least 15 centlmoters use either of the disposal methods speci Other equally effective dust suppression (ca. 6 inches) of compacted non- fied under (i) and (ii), or an alternative agents may be used upon approval by asbestos-containing m aterial shall bo disposal method approved by the the Adm inistrator. There shall be no dis applied at the end of each operating day, Adm inistrator: charge of visible emissions to the outside or at least once every 24-hour period (i) W etting of asbestos-containing air from the wetting operation except as while the site is in continuous operation, waste with water: specified in paragraph (f) of this section. to all active asbestos-containing por (A) Control device asbestos waste shall (1) Waste disposal sites: tions of a disposal site. be thoroughly mixed with water into a (1) There shall be no visible emissions (ii) Inactive Sections of Disposal Sites, slurry and other wastes specified by to the outside air from any active or Other Than Asbestos M ill Tailings Dis paragraph (j) (1) of this section shall be inactive section of a waste disposal site posal Sites: thoroughly wetted. There shall be no where asbestos-containing waste has * (A) Asbestos-containing waste dis visible emissions to the outside air from been deposited, except as provided in posal sites, or sections of such sites, shall the wetting operation, except as pro paragraph (1) (4) of this section. be covered with at least 15 centimeters vided in paragraph (f) of this section. (2) W arning signs shall be displayed (ca. 6 inches) of compacted non (B) A ll waste specified in paragraph at all entrances and along the property asbestos-containing m aterial, and a (j) (1) of this section shall be sealed into line at intervals of 100 m (ca. 330 ft) or cover of vegetation shall be grown and impermeable containers while wet, and less of all active or inactive asbestos maintained on the area adequate to pre shall be deposited while wet in such con waste disposal sites. Signs shall be posted vent exposure of the asbestos-containing tainers at a waste disposal site. in such a maimer and location that a m aterial; or (C) The containers specified in para person may easily read the legend. The (B) Asbestos-containing waste dis graph (j) (3) (i) <B) of this section shall warning signs required by this paragraph posal sites, or sections of such sites, shall FEDERAL REGISTER, VOL. 39, NO . 208-- FRIDAY, OCTOBER 25, 1974 HeinOnline - 39 Fed. Reg. 38070 1974 PROPOSED RULES 38071 .be covered -with a t least 60 centimeters (ea. 2 feet) of compacted non-asbestoscontaining m aterial and maintained to prevent exposure of the asbestoscontaining waste. (in) Inactive Sections of Asbestos M ill Tailings Dispostal Sites: (A) A resinous or petroleum-based dust suppression agent which effectively binds dust and controls wind erosion shall be applied to a ll inactive asbestos m ill tailings disposal sites, or sections'of such sites. Such agents shall be mixed in the concentration and applied at the rate recommended for the particular as bestos tailings waste by the dust suppres sant manufacturer. Other equally effec tive dust suppressant agents may be used upon approval by the Adm inistrator; or (B) Cover as provided in paragraphs (1) (4) (ii) (A) or (1) (4) Cii) (B) of this section shall be applied to a ll inactive asbestos m ill tailings disposal sites or sections'of such sites. 4. The first sentence in 61.23 is re vised as follows: 61*23 Air-Cleaning. I f air-cleaning is elected, as permitted by 61.22(f) and 61.22(d) (2) (iv), the requirements of this section must be met. ***** Subpart E--National Emission Standard for. Mercury 5. Section 61.50 is revised to read as fo llow s: 61.50 Applicability. The provisions of this subpart are ap plicable to those stationary sources which process mercury ore to recover mercury, use mercury chlor-alkali cells to produce chlorine gas and alkali metal hydroxide, and incinerate or dry wastewater treat ment plant sludge. 6. Section 61.51 is amended by add ing paragraphs (1) and (m) as follow s: 61.51 Definitions. * * * * * (l) " Sludge" means sludge produced by a treatment plant that processes munici pal or industrial wastewaters. (m) "Sludge dryer" means a device used to reduce the moisture content of sludge by heating to temperatures above 65C (ea. 150P) with combustion gases. 7. Section 61.52 is revised to read as follow s: 61.52 Emission standard. (a) Emissions to the atmosphere from mercury ore processing facilities and mercury cell chlor-alkali plants shall not exceed 2,300 grams of mercury per 24. hour period. (b) Unissions tQ the atmosphere from sludge incineration plants, sludge dry ing plants, or a combination of these that process wastewater treatment plant sludges shall not exceed 3,200 grams of mercury per 24-hour period. 8. Section 61.53 is amended by adding paragraph (d) as follows: 61.53 Stack sampling. * * * * (d) Sludge incineration and plants. * drying , (1) Unless a waiver of emission test drying, a t a location that provides a ing is obtained under 61.13, each owner representative sample o f the sludge th at or operator required to comply with Is normally charged to the incinerator or 61.52(b) shall test emissions from his dryer. E ight consecutive grab samples source. Such tests shall be conducted shall be obtained a t intervals of between either in accordance with the procedures 45 and 60 minutes and thoroughly m ixed set forth In paragraph (d) of this sec into one sample. Each of the eight grab tion or 61.54. samples shall have a volume of at least (2) Method 101 in Appendix B to this 200 ml but shall not exceed 400 m l. A part shall be used to test emissions as total of three composite samples shall be fo llow s: obtained within an operating period of (i) The test shall be performed within 24 hours. When the 24-hour operating 90 days of the effective date in the case period is not continuous, the total sam of an existing source or a new source pling period shall not exceed 72 hours which has an initial startup date preced after the first grab sample is obtained. ing the effective date; Samples shall not be exposed to any con (ii) The test shall be performed within dition that may result in mercury con 90 days of startup in the case of a new tamination or loss. source which did not have an in itial (2) The maximum 24-hour period startup date preceding the effective date. Sludge incineration or drying rate shall (3) The Administrator shall be noti be determined by use of a flow rate fied at least 30 days prior to an emission measurement device that can measure test, so that he may at his option observe the mass rate of sludge charged to the the test. incinerator or dryer with an accuracy of (4) Samples shall be taken over such 5 percent over its operating range. a period or periods as are necessary to ac Other methods of measuring sludge curately determine the maximum emis mass charging rates, approved by the sions which will occur in a 24-hour pe Administrator, may be used. riod. No changes shall be made in the (3) The handling, preparation, and operation which would potentially in analysis of sludge samples shall be ac crease emissions above the level deter complished according to Method 105 In mined by the most recent stack test, until Appendix B of this part. the new emission level has been estimated (d) The mercury emissions shall be by calculation and the results reported determined by use of the following equa to the Administrator. tion: (5) A ll samples shall be analyzed, and Eiir" l l 10*3 C Q mercury emissions shall be determined where E n r mercury emissions, g/day within 30 days after the stack test. Each c mercury concentration o l sludge determination shall be reported to the on a dry solids basis, g/\g Administrator by a registered letter (ppm) dispatched before the close of the Q = sludge ch arg in g rate, k g/d ay next business day following such (e) No changes In the operation of a determ ination. plant shall be made after a sludge test (6) Records of emission test results has been conducted which would poten and other data needed to determine total tially Increase emissions above the level emissions shall be retained at the determined by the most recent sludge . source and made available, for inspec test, until the new emission level has tion by the Administrator, for a mini been estimated by calculation and the mum of 2y ears. results reported to the Adm inistrator. 9. Section 61.54 is added as follows: (f) AH sludge samples shall be 61.54 Sludge sampling. analyzed for mercury content within 30 days after the sludge sample is collected. (a) As an alternate means for dem Each determination shall be reported to onstrating complance with 5 61.52(b), the Administrator by a registered letter an owner or operator may use Method dispatched before the close o f`the next 105 of Appendix B and the procedures business day following such, determina specified in this section. tion. (1) A sludge test shall be conducted (g) Records of sludge sam pling, charg within 90 days of the effective date in the ing rate determination and other data case of an existing source or a new needed to determine mercury content o f source which has an in itial startup date wastewater treatm ent plant sludges shall preceding the effective date; or be retained a t the source and made avail (2) A sludge test shall be conducted able, for inspection by the Adm inistrator, within 90 days of startup in the case of a for a minimum of 2 years. new source which did not have an initial * * * * * startup date preceding the effective date. (b) The Administrator shall be noti A p p e n d i x B--T e s t M e t h o d s fied at least 30 days prior to a sludge 10. Method 105 is added to Appendix sampling test, so that he may at his op B of this part as follows: tion observe the test. * * * * (c) Sludge shall be sampled accord ing to paragraph (c)(1) of this section, METHOD 10S. METHOD FOR DETERMINATION sludge charging rate for the plant shall OP MERCURY rrr WASTEWATER t r e a t m e n t be determined according to paragraph PLANT SEWAGE SLUDGES (c)(2) of this section, and the sludge 1. Principle and applicability. 1.1 Prin analysis shall be performed according to ciple--A weighed portion of the sewage paragraph (c) (3) of this section. sludge sample is digested in aqua regia (1) The sludge shall be sampled after for 2 minutes a t 95C, followed by oxida dewatering and before incineration or tion with potassium permanganate. M er- FEDERAL REGISTER, V O L 39, NO . 208-- FRIDAY, OCTOBER 25, 1974 HeinOnline -- 39 Fed. Reg. 38071 1974 38072 PROPOSED RULES cury in the digested sample is then meas eter) tube containing 20 grams of the ured by the conventional spectrophotom desiccant magnesium perchlorate. The eter cold vapor technique. An alterna apparatus is assembled as shown in Fig tive digestion involving the use of an ure 105-1. In place of the magnesium autoclave is described in paragraph 4.5.2 perchlorate drying tube, a small reading of this method. lamp with 60W bulb may be used to pre 1.2 Applicability--This method is ap plicable for the determination of total organic and inorganic mercury content in sewage, sludges, soils, sediments, and bottom-type materials. The normal range of this method `is 0.2 to 5 /a g/g. The range may be extended above or be low the normal range by increasing or decreasing sample size and through in strument and recorder control. 2. Apparatus. 2.1 Analysis--The con ventional cold vapor technique (5) is used to analyze the sample. 2.1.1 Atomic Absorption Spectropho tom eter1--Any atomic absorption unit having an open sample presentation area in which to mount the absorption cell is suitable. Instrument settings recom mended by the particular manufacturer should be followed. vent condensation of moisture inside the cell. The lamp is positioned so as not to interfere with the measurement and to shine on the absorption cell maintaining the air temperature about above am b ient. 2.1.2 Mercury Hollow Cathode Lamp-- Westinghouse WL-22847, argon filled, or equivalent. - Figure 105-1. Apparatus for ftameless mercury determination. 2.1.3 Recorder--Any multirange, vari able-speed recorder that is compatible with the UV detection system is suitable. 2.1.4 Absorption Cell--Standard spec trophotometer cells 10 cm long, having quartz end windows may be used. Su it able cells may be constructed from plexi glass tubing, 2.5 cm O .D . x 11.4 cm (ca. 1" O .D . x 4y4" ) . The ends are ground perpendicular to the longitudinal axis, and quartz windows [2.5 cm diameter x 0.16 cm thickness (ca. 1" diameter x }io " thickness) 1 are cemented in place. Gas Inlet and outlet ports [also of plexiglass but 0.6 cm O .D . (ca. y4" O D .) 1 are at tached approximately 1.3 cm O A ") from each end. The cell is strapped to a burner for support and aligned in the light beam to give the maximum transm ittance. N ote: T wo 5.1 cm x 5.1 cm (ca. 2 " x 2") cards with 2.5 cm (ca. 1") diameter holes may be placed over each end of the cell to assist In positioning the cell for maximum transm ittance. 2.1.5 A ir Pump--Any peristaltic pump capable of delivering 1 liter of air per minute may be used. A Masterflex pump with electronic speed control has been found to be satisfactory.' (Regulated compressed air can be used in an open one-pass system.) 2.1.6 Flowmeter--Capable of measur ing an air flow of 1 liter per minute. 2.1.7 Aeration Tubing--Tygon tubing is used for passage of the mercury vapor from the sample bottle to the absorption cell and return. Straight glass tubing terminating in a coarse'porous frit is used for sparging air into the sample. 2.1.8 Drying Tube--15 cm long x 1.9 cm diameter (ca. 6 " long x % " diam 1Instruments designed specifically for the measurement o f m ercury usin g th e >cold vapor technique are commerclaUy available and may be substituted for the atomic ab sorption spectrophotometer. 3. Reagents. 3.1 Analysis 3.1.1 Aqua Regia--Prepare immediate ly before use by carefully adding three volumes of concentrated HC1 to one volume of concentrated HNOs. 3.1.2 Sulfuric Acid, 0.5N--Dilute 14.0 m l of concentrated sulfuric acid to 1.0 liter. 3.1.3 Stannous Sulfate--Add 25 g stan nous sulfate to 250 ml of 0.5N sulfuric acid. This mixture is a suspension and -should be stirred continuously during use. A 10% solution of stannous chloride may be used in place of the stannous sul fate. 3.1.4 Sodium Chloride-Hydroxylamine Sulfate Solution--Dissolve 12 grams of sodium chloride and 12 grams of hydrox- ylamine sulfate ini distilled water and dilute to 100 m l. Hydroxylamine hydro chloride may be used in place of the hy droxylamine sulfate. 3.1.5 Potassium Permanganate--5% solution, w/v. Dissolve 5 grams of potas sium permanganate in 100 ml of distilled water. 3.1.6 Stock Mercury Solution--Dissolve 0.1354 grams of Bureau of Standards cer tified purity mercuric chloride in 75 ml of distilled water. Add 10 ml of concen trated nitric acid and adjust the volume to 100.0 m l. 1m l= l mg. H g. 3.1.7 W orking Mercury Solution-- Make successive dilutions of the stock mercury solution to obtain a working standard containing 0.1 ug per m l. This working standard and the dilutions of the stock mercury solution should be pre pared fresh daily. Acidity of the working standard should be maintained at 0.15% nitric acid. This acid should be added to the flask as needed before the addition of'the aliquot. 4. Procedures. Samples for mercury analysis are subject to contamination from a variety of sources. Extreme care must be taken to prevent contamination. Certain interferences may occur during the analysis procedures. Extremo caution must be taken to avoid inhalation of mercury. 4.1 Sample Handling and Preserva tion 4.1.1 Because of the extreme sensi tivity of the analytical procedure and the omnipresence of mercury, care must be taken to avoid extraneous contamina tion. Sam pling devices, sample contain ers, and reagents should be ascertained to be .free of significant amounts of morcury; the sample should not bo exposed to any condition in the laboratory that may result in contact or airborne morcury contamination. 4.1.2 W hile the sample may bo an alyzed without drying, it has been found to be more convenient to analyze a dry sample. Moisture may be driven off in a drying oven at a temperaturo of 60*0. No significant mercury losses have been observed by using this drying step. The dry sample should be pulverized and thoroughly mixed before the aliquot is weighed. 4.2 Interferences 4.2.1 Interferences that may occur in sludge samples are sulfides, high copper, high chlorides, etc. 4.2.2 Volatile materials which absorb at the 253.7 nm will cause a positive In terference. In order to remove any in terfering volatile materials, the dead air space in the BOD bottle should be purged with nitrogen before the addition of stannous sulfate. 4.3 Handling Sample Mercury Vapors After Analysis 4.3.1 Because of the toxic naturo of mercury vapor, precaution must bo taken to avoid its inhalation. Therefore, a bypass should be included in the anal ysis system to either vent the mercury vapor into an exhaust hood or pass the vapor through some absorbing media, such as: FEDERAL REGISTER, V O L 39, NO. 208-- FRIDAY, OCTOBER 25, 1974 HeinOnline - 39 Fed. Reg. 38072 1974 PROPOSED RULES 38073 (a) Equal volumes of 0.1N KMnO aeration. Proceed with the standards and 10% HsSOt ___ and construct a standard curve by plot (b) 0.25% iodine in a 3% K I solution ting peak height versus micrograms of A specially treated charcoal that w ill ab mercury. 4 5 Analysis sorb mercury vapor is also available from Bamebey and Cheney, E . 8th Ave. 4.5.1 Weigh triplicate 0.2 g 0.001 g and North Cassidy S t., Columbus, Ohio portions of dry sample and place in bottom of a BOD bottle. Add 5 ml of 43219, Catalog No. 580-13 or No. 580-22 = distilled water and 5 ml of aqua regia. 4.4 Calibration Heat 2 minutes in a water bath at 95C. 4.4.1 Transfer 0, 0.5, 1.0, 2.0, 5.0 andCool and add 50 ml distilled water and 10 ml aliquots of the working mercury 15 ml potassium permanganate solution solution containing 0 to 1.0 of mer to each sample bottle. M ix thoroughly cury to a series of 300-ml BOD bottles. and place in the water bath for 30 min Add enough distilled water to each bottle utes at 95C. Cool and add 6 m l of sodium to make a total volume of 10 m l. Add chloride-hydroxylamine sulfate to re 5 ml of aqua regia and heat 2 minutes in a water bath at 95C. Allow the sam duce the excess permanganate. Add 55 ple to cool and add 50 ml distilled water ml of distilled water. Treating each bot tle individually, add 5 ml of stannous and 15 ml of KMnO< solution to each sulfate and immediately attach the bottle and return to the water bath for bottle to the aeratloii apparatus. W ith 30 minutes. Cool and add 6 ml of sodium each sample, continue as described in chloride-hydroxylamine sulfate solution paragraph 4.4.1 of this method. to reduce the excess permanganate. Add 4.5.2 An alternative digestion pro 50 ml of distilled water. Treating each cedure using an autoclave may also be .bottle individually, add 5 m l of stannous used. In this method of 5 ml of concen sulfate solution and immediately attach trated EfcSOi and 2 ml of concentrated the bottle to the aeration apparatus. A t HNOa are added to the 0.2 grams of this point, the sample is allowed to sample. 5 ml of saturated KMnO< solu stand quietly without manual agitation. tion are added and the bottle is covered The circulating pump, which has previ with a piece of aluminum fo il. The sam ously been adjusted to a rate of 1 liter ples are autoclaved at 121*C and 2.1 kg/ per minute, is allowed to run continu cm= (ca. 15 psig) for 15 minutes. Cool, ously. The absorbance, as exhibited make up to a volume of 100 m l with dis either on the spectrophotometer or the tilled water, and add 6 m l of sodium recorder, will increase and reach- m axi chloride-hydroxylamine sulfate solution mum within 30 seconds. As soon as the to reduce the excess permanganate. recorder pen levels off, approximately Purge the dead air space and continue 1 minute, open the bypass valve and con as described in paragraph 4.4.1 of this method. tinue the aeration until the absorbance returns to its minimum value. Close the bypass valve, remove the fritted tubing from the BO D bottle and continue the 8M ention of trade nnmes or Epcciflc prod ucts doss not constitute endorsement by tho Environmental Protection Agency. 5. Calculation. 5.1 Measure the peak height of the unknown from the chart and read the mercury value from the standard curve. 5.2 Calculate the mercury concen tration In the sample by the form ula: pgHg in the aliquot pg Hg/gm--^ 0f the aliquotin g 5.3 Report mercury concentrations as follows: Below 0.1 pg/g; between 0.1 and 1 /g/g. to the nearest 0.01 pg/g; between 1 and 10 pg/g, to nearest 0.1 pg; above 10pg/g, to nearest pg. 6. Precision and accuracy. 6.1 Accord ing to the provisional method in refer ence number 5, the following standard deviations on replicate sediment samples have been recorded at the indicated levels: 0.29 pg/.002 and 0.82 rbO.03. Recovery of mercury a t these levels, added as methyl mercuric chlo ride, was 97 and 94 percent, respectively. 7. References 1. Bishop, J . N . "Mercury in Sediments," Ontario W ater Resources Comm ., Toronto, Ontario, Canada, 1971. 2. Salm a. M . Private communication, EP A C al/N cv Ba3in Office, Alam eda, California. 3. H atch, W . R ,, and O tt, W .l*. "Determina tion of Sub-Microgram Quantities of Mer cury by Atom ic Absorption Spectrophotom etry," A n a . C hem . 40, 2085 (1963). 4. Bradenberger, H . and Bader, H . "The Determination o f Nanogram Levels o f Mer cury in Solution by a Blameless Atom ic Ab sorption Technique," Atom ic Absorption Newsletter 6,101 (10S7). 6. Analytical Quality Control Laboratory (A Q C L), Environmental Protection Agency, Cincinnati. Ohio. "Mercury in Sediment (Cold Vapor Technique)," Provisional M ethod, April 1072. [P R Doc.74-24252 F iled 10-24-74;8:45 am ] pg/g FEDERAL REGISTER, V O L 39, NO. 208-- FRIDAY, OCTOBER 25, 1974 HeinOnline --39 Fed. Reg. 38073 1974