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Monsanto MOM NAMC * LOCATK oart UIJCCT *i> rwcNci TO PLAINTIFF'S EXHIBIT H. M. Keating - E3SG - St. Louis May 4, 1976 National Emission Standard for Asbestos Messrs: G'. W. Fletcher-1870 J. E. Fox -1890 H. T. Henning-J F. C. Himes-1200 J. E. Kilkenny-1390 J. Kocurkovic-1630 G. Lunsford-1890 T. Naegel-1540 G. Osterman - 1700 D. W. Roberts - 1700 B. E. Schoppe - 1807 I. C. Wilbour - 1870 C. A. Worthylake - 1910 Attached for your information. rg Attachment H. M. Keating IN 10 REV 7a: j '72 C 003146 LAM022781 121:0464 FEDERAL REGULATIONS . otherwise constitute .a violation of an tural members are Wreckador taken out The deposition of asbestos tailings or as g^Udlfd. ftwh Riwiii--lpMiiilt^ areexcluded. bestos-containing waste on roadways' includes, but la not limited to, the useot (n> "Planned renovation" means a covered with snow or ice la considered gaseous dilutants to achieve compliance renovation operation, or a number of "surfacing." with a visible emissions standard, and; : (c) Manufacturing: There shall be no the piecemeal carrying out of ah opera- of friable asbestos material that will be vlribter emisslons to the outside air, ex- tlon to avoid coverage bra standard that removed or stripped within a given pe- cept as provided ih paragraph <tt of this applies only to operations larger than a : riod of time can be predicted. Operations section, from any ot the fallowing op- pfHfl^ l--. that an Individually nan-echeduled are gggticog if they use rwmrmrHal SlhfitOIT [40 FR 48292, October 14, 1975] Included, provided a number of such dp^ orfrom any building or structure in erationi can be predicted to occur during which such operations are conducted. Subpart D National Emission Standard a given period of time baaed on operating ftff Atfrwtw experience. [40 FR 48292. October 14, 1975) S 61.20 Applicability. u "Emergency renovation" means a (1) The manufacture of cloth, cord, renovation operation that results from a wicks, tuldng. tape, twine, rope, thread, The provisions of this subpart are ap plicable to those sources specified In sudden, unexpected event, and Is not a planned renovation, operations necessi yarn, roving, terials. lap, or other textile ma 8 61.22. h?) tated by noa-routlne failures of equipsoentW tadaded. (2) The manufacture of cement prod ucts. 61.21 Definitions. (p) "Adequately wetted" means suf (3) The manufacture of fireproofing Terms used In this subpart are defined; ficiently mixed or coated with water or and Insulating materials: - in the act. In subpart A of this part, or in this section as follows: ; . (a) "Asbestos" means actlnollte, amoslte, anthophyllite, chiysotile. crocldolite, tremollte. (b> "Asbestos material" means as bestos or any material containing as bestos. <c> "Particulate asbestos material" means finely divided particles of asbestos ah aqueim solution to: prevent; dust - emissions. <q> "Removing" means taking out fri able asbestos materials used to Insulate or fireproof any pipe, duet, boiler, tank, reactor, turbine, furnace, dr structural member from any building, structure, facility, or Installation. . <r> "Stripping" means taking off fri able asbestos materials used for Insula (4>The manufacture . of friction products. (5) The manufacture.of.paper,.millboard, 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. material. tion or fireproofing from any pipe, duct, (10) The manufacture of shotgun (d) "Asbestos tailings" means any boiler, tank, reactor, turbine, furnace, shells. . ,` solid waste product of asbestos mining or or structural member. (11) The manufacture of asphalt con milling operations which contains as <s> "Fabricating" means any process crete. - v,-! . ;. " bestos. ing of a manufactured product contain (d) Demolition and renovation:..The (e) "Outside air" means the air out ing commercial asbestos, with the ex requirements of this paragraph shall side buildings and structures. ception of processing at temporary sites apply to any owner or operator of a <f> "Visible emissions" means any for the construction or restoration of demolition or renovation operation who emissions which are visually detectable buildings, structures, facilities or instal Intends to demoUsh any institutional, without the aid of instruments and which* lations. v-~--fr- ` commercial. or Industrial building (in contain particulate asbestos material. (t> "Inactive waste disposal site" cluding apartment buildings having more (g) "Asbestos mill" means any faculty engaged In the conversion or any, inter mediate step in the conversion of asbestos ore Into commercial asbestos. Outside storage of asbestos materials is not con sidered a part of such facility. (h) "Commercial asbestos" means any variety of asbestos which Is produced by extracting asbestos from asbestos ore. M) "Manufacturing" means the com bining of commercial asbestos, or In the case of woven friction products the com bining of textiles containing commercial asbestos, with any other material(s). in cluding commercial asbestos, and the processing of this combination Into a product as specified In 8 61J2(c). (J) "Demolition" means the wrecking or taking out of any load-supporting 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, pulverized, or reduced to powder, when dry, by hand pressure. (l) "Control device asbestos waste" means any asbestos-containing waste material that la collected In a pollution control device. (m) "Renovation" means the remov ing or stripping of friable asbestos mate rial used to Insulate or fireproof any pipe, duct, boUer, tank, reactor, turbine, means any disposal , site or portion thereof where additional asbestos-con taining waste material will not be depos ited and where the surface is not dis turbed by vehicular traffic. (u> "Active waste disposal rite" means any disposal site other/.hah an Inactive site. I (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 mate rial" means any waste which contains commercial asbestos and Is generatedby a source subject to the provisions of this subpart. Including asbestos mill tailings, control device asbestos waste, friable as bestos waste material; and bags or con tainers that previously contained com mercial asbestos. (40 FR 48292. October 14. 1975| g 61.22 Emission standard. (a) Asbestos mills: There shall be no visible emissions to the outside air from any asbestos mill except as provided In paragraph (f> of this section. [39 I R 15936. May 3. I974| (b) Roadways: The purfgqlng of road ways with asbestos tailings or with as bestos-containing waste that la gener ated by any source subject to paragraphs <o>, (d>, <s> or (hf)*** section is than four dwelling units), structure, facility, Installation, or portion thereof which contalnsany pipe, duct, boiler. tank, reactor, turblne, furnace, or struc tural member that Is insulated or flreproofed! with friable asbestos material, except as provided in paragraph (d)d) of this section; or who intends to reno vate any Institutional, commercial, or In dustrial building, structure, faculty. In stallation, or portion thereof when more than 80 meters (ca. 260 feet) of pipe in sulated or fireproofed: with friable as bestos material are stripped or removed, or more than 10 square meter* (ca. 100 square feet) of friable asbestos material used to Insulate or fireproof any duct, boiler, tank, reactor, turbine, furnace, or structural member are stripped or re moved. (DM) The owner or operator of a demolition operation Is exempted from the requirements of this paragraph pro vided. (1) the amount of friable asbestos material In the building or portion thereof to be demolished Is lesa than 80 meters (ca. 280 feet) used to insulate pipes, and leas than 16 square maters (ca. 160 square feet) used to insulate or fire proof any duct, boiler, tank, reactor, tur bine, furnace, or structural member, and (2) the notification requirements of par agraph (d)(1) (U) are met (11) Written notification shall be post marked or delivered to the Administrator at least 20 days prior to commencement furnace, or structural member. Opera prohibited, exeept for temporary road of demoUtion and shall Include the In tions in which load-supporting stmo- ways on an area of asbestos ore deposits. formation required by paragraph (d) (2) Environment Reporter ISse. 61.22(dl(1)(ii)] 84 V c 003147 HAZARDOUS EMISSIONS S-283 121:0468 of this section, with the exception of the (4) The following procedures shall be ground level, except those materials re information required by paragraphs <d> used to prevent emissions of particulate moved as units or in sections; shall be (3) (ill). (vi>. (vll), (vlli). and (lx), and asbestos material to outside air: transported to the ground vla dust-tight shall state the measured or estimated (I) Friable asbestos materials, used chutes or containers. . amount of friable asbestoc material used for Insulation and fireproofing which Is present. Techniques of estimation shall bo explained. (3) Written notice of intention to de molish or renovate shall be provided to the Administrator by the owner or opera tor of the demolition or renovation oper ation. Such notice shall be postmarked or delivered to the Administrator at least 10 days prior to commencement of demo lition. or as early as possible prior to commencement of emergency demolition subject to paragraph (d> (6) of this sec tion. and as early aa possible prior to to Insulate or fireproof any pipe. duct, boiler, tank, reactor, turbine, furnace, or structural member, shall be removed from any building, structure, facility or Installation subject to this paragraph. Such removal shall occur before wreck ing or dismantling of any portion of such building, structure, facility, or In stallation that would break up the fri able asbestos materials and before wrecking or dismantling of any other portion of such building, structure, faculty, or installation that would pre clude access to such materials for sub sequent removal. Removal of friable (vl) Except as specified below, the wet ting requirements of this paragraph are suspended when the temperature at the point of wetting is below o*C (32*F>. When friable asbestos materials.Arerot wetted due to freezing temperatures, such materials on pipes, ducts, boilers, teaks:' reactors, turtdaes, furnaces, or structural members shall, to the maximum extent possible, be removed as units or in sec tions prior to wrecking. In no case shall the requirements of paragraphs (d) (4) (lv) or (d)(4) <v) be suspended due to freezing temperatures. ' commencement of renovation. Such no asbestos materials used for Insulation (vil) For renovation operations, local tice shall include the following Informa or fireproofing of, .any pipe, duct, or exhaust ventilation and collection sys tion: structural member which are encased in tems may be used. Instead of wetting as (i> Name of.owner or operator. concrete or other slmUar structural ma specified in paragraph (d) (4) (11). to pre (11) Address of owner or operator. terial Is not required prior to demoli vent emissions of particulate asbestos (hi) Description of the building, struc tion. but such material shall be ade material to outside air when damage to ture. facility, or installation to be de quately wetted whenever exposed dur equipment resulting from the wetting molished or renovated, - Including the ing demoUtion. would be unavoidable. Upon request and size, age. and prior use of the structure, (II) Friable asbestos materials used supply of adequate information, the Ad and the approximate amount of friable to Insulate or fireproof pipes, ducts, ministrator will determine whether dam asbestos material used for insulation and boilers, tanks, reactors, turbines, fur age to equipment resulting from wetting fireproofing. - naces, or structural members shall be to comply with the provisions of this par (lv) Address or location of the build adequately wetted during stripping, ex agraph would be unavoidable. 8uch local ing. structure, facility, or installation. cept as provided in paragraphs (d) (4) exhaust ventilation systems shall be de (v) Scheduled starting and comple (lv). (d)(4) (vi) or (d) (4) (vU) of this signed and operated to capture the asbes tion dates of demolition or renovation. section. tos particulate matter produced by the (vl) Nature of planned demolition or renovation and method(s) to be em ployed. (vii) Procedures to be employed to meet the requirements of this paragraph and paragraph (J) of this section. (viil) The name and address or loca tion of the waste disposal site where the (ill) Pipes, ducts, boilers, tanks, re actors. turbines, furnaces, or structural members that are Insulated or fire proofed with friable, asbestos materials may be taken out of any building, struc stripping and removal of friable asbestos material. There shall be no visible emis sions to the outside air from such local exhaust ventilation and collection sys tems, except as provided In paragraph ture; facility, or installation subject to' this paragraph as units or In sections provided the friable asbestos materials (f> of this section. (5) Sources subject to this paragraph are exempt from the requirements of friable asbestos waste will be deposited. (lx) Name, title, and authority of the State or local governmental representa tive who has ordered a demolition which is subject to paragraph (d) (6) of this section. (3) (1) For purposes of determining whether a planned renovating operation constitutes a renovation within the meaning of this paragraph, the amount of friable asbestos material to be re moved or stripped shall be: (A) For planned renovating opera tions Involving Individually non-sched uled operations, the additive amount of friable asbestos material that can be pre dicted will be removed or stripped at a source over the maximum period of time for which a prediction can be made. The period shall be not less than 30 days and not longer than one year. exposed during cutting or disjointing are i S 61.05(a). 61.07, and 61.09. adequately, wetted during the cutting (6) The demoUtion of a building, struc or disjointing operation. Such units ture, facility, or instaUation, pursuant to shall not be dropped or thrown to the an order of an authorized representative ground, but shall be carefully lowered of a State or local governmental agency, to ground level. , issued because that building Is structur (lv> The stripf jig of friable asbestos ally unsound and in danger of Imminent materials used to insulate or fireproof collapse is exempt from aU but the fol any pipe, duct, boiler, tank, reactor, .tur lowing requirements of paragraph (d> of bine, furnace, or structural member that this section: has been removed as a unit or In sections as provided In paragraph (d) (4) (ill) of this section shall be performed In ac (I) The notification requirements spec ified by paragraph (d) (2) of this section: cordance with paragraph (d)(4) (ID of (II) The requirements on stripping of this section. Rather than comply with friable asbestos materials from previously the wetting requirement, a local exhaust removed units or sections as specified In ventilation and collection system may paragraph (d)(4)(lv> of this section: be used to prevent emissions to the out (ill) The wetting, as specified by para side air. Such local exhaust ventilation graph (d) (4) (v> of this section, of fri systems shall be designed and operated able asbestos materials that have been to capture the asbestos particulate mat removed or stripped; ter produced by the stripping of friable (lv) The portion of the structure being (B) For each planned renovating op asbestos material. There shall be no demolished that contains friable asbes eration not covered by paragraph (d) (3) visible emissions to the outside air from tos materials shall be adequately wetted (1) (A), the total amount of friable as such local exhaust ventilation and col during the wrecking operation. bestos material that can be predicted will be removed or stripped at a source. (11) For purposes of- determining whether an emergency renovating op lection systems except rs provided In 139 l:K 15936. May 3. 1974; 40 I K 48292. paragraph (f> of this section. Oclnhcr 14. 19751 (v) All friable asbestos materials tluit (c> Spraying: There shall be no visible have been removed or stripped shall be emissions to the outside air from tee eration constitutes a renovation within adequately wetted to ensure that such spray-on application of materials con the meaning of this paragraph, the materials remain wet during all remain taining more than 1 percent asbestos, on amount of friable asbestos material to ing stages of demolition or renovation a dry weight basis, used to Insulate or be removed or stripped shall be the total and related handling operations. Such fireproof equipment and machinery, ex amount of friable asbestos material that materials shall not be dropped or thrown cept as provided In paragraph (f) of this will be removed or stripped as a result to the ground or a lower floor. Such ma section. Spray-on materials used to Insu of the sudden, unexpected event that terials that have been removed or late or fireproof buildings, structures, necessitated the renovation. stripped more than 50 feet above pipes, and conduits shall contain less 1-16*76 Copyn VI 1976 by Th* Bureau o( National Affair , Inc. [Sac. 61.22(a)) 85 c 003148 LAM022783 v-. 'l 121:0466 FEDERAL REGULATIONS than 1 percent asbestos on a dry weight waste material which la generated by any asbestos-containing waste mate-: basis. such source. rial which Is generated by such source, (1/ Sources subject to this paragraph (2) All asbestos-containing waste ma J <2> All ssbestos-contalnlng waste ma are exempt from the requirements of terial abatt be deposited at waste dis terial shall be deposited at waste 181.OS (a), 161.07, and 181.09. posal sites Which are operated in accord disposal sites whlch are operated in ac (2) Any owner or operator who in* ance with the provisions of 16146. cordance with the provisions of 16146.' tends to spray asbestos materials which (3) Rather than meet the requirement (3) Rather than meet the requirement contain more than Vpercent asbestos on of pengnph U><1> of this section, an of paragraph tit) (1) of this section, an a dry weight basis to insulate or fireproof owner or Operator may elect te use owner or operator may elect to meet equipment and machinery shall report either of the dlsposal msthods specified the following requirements in para- such intention to the Administrator at under (j)(3Hi) and (tt> of this section, . 'graphs (k) (8) (l) and (il), or use an least 20 days prior to the commencement or aaaltornative disposal method which alternative disposal method which has of the spraying operation. Such report has xeeetrcd prior approval by the Ad iwcelved prtor approval by the Admin- shall Include the following' information: ministrator: .istro&or; [40 FR 48292, October 14. 197SJ (1) Treatment of Mbestos-contelnlng (i) There shall be no vislble emiitidppB waste material with water: to the outside air from the transfer of < (1) Name of owner or operator. (il) Address of owner or operator. (ill) Location of spraying operation. (iv) Procedures to be followed to meet the requirements of this paragraph. ' (f) Rather than meet the no-vislbleemlsslon requirements as specified by (A) Control device asbestos waste shall be thoroughly mixedwith water into a slurry and Other asbestos-containing waste material shall be adequately wetted. There shall be ho visible emis sions to the outside air from the collec tion, mixing and wetting operations, ex control device: asbestos waste to the tailings conveyor, except as provided in paragraph(f)of thissectiomSuchwaste shall be subsequently processed either as specified in paragmph (k) (3) (U) of this section or as specified in paragraph cj)(3) of .thissection. 3t,;;3V, jo" paragraphs (a). (c>, id), (e). <h>, (J), cept as provided in paragraph (f> of tills (U) AU asbtetos-containlhg: ' waste and (k> of this section, an owner or op section. material shall be adequately mixed, with erator. may elect to use the methods spec ified by I 61.23 to clean emissions con taining particulate asbestos material be fore such emissions escape to. or are vented to. the outside air. (g> Where the presence of'uncomblned water is the sole reason for failure to meet the no-visible-emission require (B) After wetting, all asbestos-con taining waste material shall be sealed into leak-tight containers while wet, and such containers shall he deposited at waste disposal sites which are operated in accordance with the provisions of 16146. a wetting agent recommended by the manufacturer of the agent to effectively wet dust and tellings, prior to deposition at a waste disposal site. Such agent shall be used as recommended for the partic ular dust by the manufacturer of the agent. There shall be no discharge of visible^emissions to the outside air from ment of paragraphs (a), (c), <d>, (e). (C) The containers specified under the wetting operation except as specified (h), (j), or (k) of this section, such fail ure shall not be a violation of such emis paragraph (j)(3)(i)(B) of this section in paragraph (f) of this section. Wetting shall be labeled with a warning label may be suspended when the ambient sion requirements. that states: (h> Fabricating: There shall be no temperature at the waste disposal site is less than --94*C (ca. 15*F). The ambient visible emissions to the outside air, ex cept as provided in paragraph .(f) of .this., section, from any of the following op erations if they use commercial asbestos or from any building or structure In which such operations are conducted. Caution contains Asbestos Avoid Opening or Breaking Container Breathing Asbestos la Hazardous to Tour Health air temperature shall be determined by >; an appropriate - measurement method with an accuracy of itrc (2*F) and recorded at least at hourly intervals dur ing the period that the operation of the wetting system is suspended. Records of - (1) The fabrication of cement building products. (2) The fabrication of friction prod ucts, except those operations that pri marily install asbestos friction materials 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 Alternatively, warning labels specified such temperature measurements shall be by Occupational Safety and Health retained at the source for a minimum of Standards of the Department of Labor, two yean and made available for inspec Occupational Safety and Health Admin tion by the Administrator. istration (OSHA) under 29 GFR 1910.93a(g) (2) (il) may be m id. (il) Processing of ubestos-containlng waste material into non-fliable forms: (A) All asbestos-containing waste material shall be formed into non-frtable pellets or other shapes and deposited at (1) The owner of any inactive waste disposal site, which was operated by sources covered under I 61.22 (a), (c) or (h) and where asbestos-containing waste material produced by such sources was deposited, shall meet the following marine construction; and flow control waste disposal sites which are operated jstencUirdsj.:,,,, devices for the molten metal industry. (1) Insulating: Molded Insulating ma terials which are friable and wet-applied insulating materials which are friable after drying, installed after the effective date of these regulations, shall contain in accordance with the provisioned 1 61.25. (B) Trhere shall be no visible emis sions to the outside air from the collec tion and processing of asbestoscontaining waste material, except as (1) There shall be no visible emissions to the outside air from an inactive waste disposal site subject to this paragraph, except as provided in paragraph (1) (6) of this section. no commercial asbestos. The provisions specified in paragraph (f) of this section. (2) Warning signs shall be displayed of this paragraph do not apply to insu (4) For the purposes of this para at all entrances, and along the property lating materials which are spray applied; graph (j), the term all asbestos-con line of the site or along the perimeter of such materials are regulated under taining waste material as applied to the sections of the site where asbestos- { 61.22(e). demolition and renovation operations containing waste material was deposited, (j) Waste disposed for manufacturing, covered by paragraph (d> of this sec at intervals of 100 m (ca. 330 ft) or less, fabricating, demolition, renovation and tion includes only friable asbestos waste except os specified in paragraph (1X4) spraying operations: The owner or op and control device asbestos waste. of this section. Signs shall be posted in erator of any source covered under the (k> Waste disposal for asbestos mills: such a monnor and location tliat a person provisions of paragraphs (c), (d), (e), The owner or operator of any source may easily rend the legend. The wanting or (h> of this section shall meet the fol covered, under the provisions of para signs required by this paragraph shall lowing standards: graph (a) of this section shall meet the conform to the requirements of 20" x 14" (1) There shall be no visible emissions following standard: upright format signs specified in 29 CFR to the outside air, except as provided in (1) There shall be no visible emis 1910.145(d) (4) and tilts paragraph. The paragraph (j>(3) of this section, dur sions to the outside air, except as pro signs shall display the following legend ing the collection; processing, including vided in paragraph (k> (3) of this section, in the lowor panel, with letter sizes and Incineration; packaging; transporting; during the collection, processing, pack styles of a visibility at least equal to those or deposition of any asbestos-containing aging, transporting or deposition of sitcafied In this paragraph. Environment Reporter [Sac. 61.22(0(2)1 86 33 C 003149 LAM022784 121:0468 FEDERAL REGULATIONS (2) At the end of each operating day, ' (J) "Beryllium alloy" means any metal and the corresponding 30-day average or at least once every 24-hour period to which beryllium has been added in beryllium concentrations.' >V. ' while the disposal site is in continuous order to increase its beryllium content (2) Within CO. days after receiving operation, the asbestos-containing waste and which contains mare than 0.1 per such report, the Administrator trill notify material which was deposited at the site cent beryllium by weight the owneror operator in writiing whether during the operating day or previous 24- (k) "Propellant plant" means any approval is granted or denied. Prior to hour period shall be covered with a res facility engaged In tbs mixing, casting, denying approval to comply with the pro- inous or petroleum-based dust suppres or machining of propellant. visions of paragraph (b) of this aection. sion agent which effectively binds dust the Administrator will .consult with and controls wind erosion. Such agent shall be used as recommended for the 61.32 , Fmiion srsrulsrd. representatives of the stationary source for which the demonstration report was particular dust by-the dust suppression (a) Emissions to the atmosphere from agent manufacturer. Other equally ef stationary sources subject to u>e provl- fective dust suppression agents may be ' stoics of this subpsrt shill not exceed 10 used upon prior approval by the Admin grams of beryllium ceer a 24-hourperiod, istrator. For purposes of this paragraph, except as provided in paragraph <b) of waste crcnkease oil is not considered a ttaSs section. dust suppression agent, (b) Rather than meet the require <c> The burning of beryllium and/or berylHum-oontalnlng waste, except pro pellants. Is prohibited except in Incinera tors, emissions from which must comply with the standard. ; 86133 Stack sampling. [40 FR 48292, October 14, 19751 Subpart C National Emission Standard for Beryllium 8 61JO Applicability, The provisions of this subpart are ap plicable to the following stationary sources: (a) Extraction plans, ceramic plants, foundries. Incinerators, and propellant plants which process beryllium ore, beryl lium. beryllium oxide, beryllium alloys, or beryllium-containing waste. (b) Machine shops which process beryllium, beryllium oxides, or any alloy when such alloy contains more than 5 percent beryllium by weight. 61.31 Definitions. Terms used in this subpart are de fined in the act, in subpart A oi this part, or in this section as follows: (a) "Beryllium" means the element beryllium. Where weights or concentra tions are specified, such weights or con centrations apply, to beryllium only, excluding the weight or concentration ot any associated elements. (b) "Extraction plant" means a fa cility chemically .-processing beryllium ore to beryllium metal, alloy, or oxide, or performing any of the intermediate ment of paragraph (a) of this aection. ah owner or operator mayxequeat ap proval from the Administrator to meet an ambient concentration limit on beryl lium in the vicinity ot the stationary source of 0.01 pg/m*, averaged over a 30-day period.-4, (l) Approval of such requests may be granted by the Administrator provided that: <i> At least 3 years of data is avail able which in the judgment ot the Ad ministrator demonstrates that the fu ture ambient concentrations of beryllium in the vicinity of the stationary source will not exceed 0.0X *g/m*, averaged over a 30-day period. Such 3-year period shall be the 3 years ending 30 days before the effective date of this standard. (11) The owner or operator requests such approval in writing within 30 days after the effective date of this standard. (ill) The owner or operator submits a report to the Adminlstrator wlthln 45 days after' the effective'date of this standard which report includes the fol lowing information: (a) Description of sampling method Including the method and frequency of calibration. (b> Method of sample analysis. (c) Averaging technique for determin ing 30-day average cm ientrations. (a) unless a waiverof Emission testing Is obtained under 161.13, each owner or operator required to comply with 16132(a) shall test emissions from his source, ,,> 3 (1) Within 90 days of the effective date in tbe case of an existing source or a new source which has an initial startup date preceding the effective date; or (2) Within 90 days of startup In the case of a new source which did not have an initial startup date preceding the ef fective date. (b) The Administrator shall be noti fied at least 30 days prior to ah emission test so that he may at his option observe the test. (c) Samples shall be taken over such a period or periods as are necessary to ac curately determine the maximum emis sions which will occur in any 24-hour period. Where emissions depend upon the relative frequency of operation of differ ent types of processes, operating hours, operating capacities, or other factors, the calculation of maximum 24-hour- period emissions will be based on that combination of factors which Is likely to occur during the. hibject period and which result in the maximum emissions. No changes in the operation Shall be made, which would potentially increase emissions above that determined by the steps in these processes. (d) Number. ldenLcy. and location most recent source test, until a new emis (c) "Beryllium ore" means any natu rally occurring material mined or gathered for its beryllium eohtent. <d) "Machine shop" means a facility performing cutting, grinding, turning, honing, milling, deburring, lapping, electrochemical machining, etching, or other similar operations. (e> "Ceramic plant" means a manu facturing plant producing ceramic items. (f> "Foundry" means a facility en gaged in the melting or casting of beryllium metal or alloy. (g) "Beryllium-containing waste" means material contaminated with beryllium and/or beryllium compounds used or generated during any process or operation performed by a source subject to this subpart. (hi "Incinerator" meant any furnace used in the process of burning waste for the primary purpose of reducing the volume of the waste by removing com bustible matter. (1) "Propellant" means a fuel and oxi dizer physically or chemically combined which undergoes combustion to provide rocket propulsion. (address, coordinates, or distance and sion level has been estimated by calcula heading from plant) of sampling sites. tion and the results reported to the Ad (e) around elevations and height ministrator. above ground of sampling Inlets. <d) All samples shall be analysed and (/> Plant and sampling area plots showing emission points and sampling sites. Topographic features significantly affecting dispersion Including plant building heights and locations shall bo included. (gr) Information necessary for esti mating dispersion including stack height, inside diameter, exit gas temperature, exit velocity or flow rate, and beryllium concentration. beryllium emissions shall be determined within go days after the source test. All determinations' shaU be reported to the Administrator by a registered letter dis patched before the dose of the next busi ness day following such determination. (e> Records of emission test results and other data needed to determine total emissions shall be retained at the source and made available, for Inspection by the Administrator, for a minimum of 2 years. (ft) A description of data and proce 6 6134 Air utn|iling. dures (methods or models) used to de (a) Stationary sources subject to sign the air sampling network (l.e.. num 161.32(b) shall locate air sampling sites ber and location of sampling sites). in accordance with a plan approved by (i) Air sampling data indicating beryl the Administrator. Such sites shall be lium concentrations in the vicinity of the located in such a manner as is calculated stationary source for the 3-year period to detect maximum concentrations of specified In paragraph (b)(1) of this beryllium in the ambient air. section. This data shall be presented <b) All monitoring sites shall be op- chronologically and include the beryl erated continuously except for a reason lium concentration and location of each able time allowance for instrument main individual sample taken by the network tenance and calibration, for changing Enviionmsnt Reporter (Sec. 61.34(b)] C 003150 LAM022785 HAZARDOUS EMISSIONS S-2B3 121:0467 ABfH method D737-69, must not exceed shall be reported using the format of Aeeeetog Vm SBNM. Snx DoHot Croat* Dust 30 ftf/mln/ft* for woven fabrics or 35 Appendix A of this part. x ftymm/ft* for feited fabrics, except that (40 FR 48292. October 14. 1975! - 40 ff/min/ft* for woven and 46 iff/ $ 61.25 Waatedbpdael site*. Breathing Asbestoa U Basardous toTour Health Notation mln/ftf for felted fabrics,is allowed for filtering air from asbestos ore dryers. Each square yard M fdted fabric must J&, qrder to be `.unacceptable- site- for.: dispogal .of asbestos-cbntalnlng waste - material under 16122 (j> and (k), an I" Bane Bsttf, Gothic or Block K" Bans Serif. Gothlaor Block J 14 Point Gothic Spacing between lines shall be At least equal to the height of the upper of the twollnes, ' ; (3) The perimeter 6f the alto ahall 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 (1) (6) (1) or <li) of thlssec- tion are met, or where a natural banter adequately deters access by the general public. Upon request and supply of ap propriate information, the Adminis trator will determine whether a fence or a natural banter adequately deters ac cess to the general public. weigh at least 14 buncos and be at least one-slxteentb inch thick throughout Synthetic fabrics must' not contain fill yam other than that which is spun. (b)lftheuse offabrtcfllterscreates ' a fire or explosion hazard, the adminis 5 acUve wsste disposal site shall meet the % requirements of this section. . (a) There ahall be no visible emissions totheoutsideairfromanyactivewast- disposal site where asbestos-containing qreete trator mayauthorleetheuseofwet.collectors deelgned to operate with a unit contaettng energy of at least"40 inches water gage .pressure. (c) The administrator may authorize as provided in paragraph (e> of thu , sectlait';^ ' (b) Warning slgnsshaUbedisplayed at all entrances, and along the property llne of the site or along the perimeter of the useofflltering equipment other,than ^ that described in paragraphs (a) and (b) of this section if the owner or operator demonstrates to the satisfaction of the thesectlonsofthesite vriieie asbestoscontaining waste material is deposited, at intervals of, 100 m (ca.. 330 ft) or less except as specified ln paragraph (d) of administrator:that the filtering of par ticulate asbestos'material is equivalent this section. Sighs shall be posted in such a manner and location that a person may to thatofthedescrlbed equipment. 5'easiliffartsMlfthe *legend. The warning (d)' All air-cleaning equipment au-* signs required by this paragraph shall tliorized by this section must be properly conform to the requirements of 20" x 14" installed, used, operated, and maintained. upright format signs specified in 29 CFE Bypass devices may be used only during 1910.145(d) (4) and this paragraph. The upset or emergency conditions and then signs shall display the following legend (5) Rather than meet the requirement only for so long as it takes to shut down in the lower panel, with letter sizes and of paragrapIMIHl) of this section, an the operation generating the particulate styles of a visibility at least equal to owner may elect to meet the require asbestos material. those specified in this paragraph. ments of this paragraph or may use an alternative control method for emissiotis from inactive waste disposal sites which S 61.24 Reporting. The owner or operator of any existing ' LEGEND Asbestos Waste Disposal sir has received prior approval by the source to which this subpart is applicable Do Hot Crests Dust Administrator. shall, within 90 days after the effective Breathing Asbestos '`(l) -The asbestos-containing waste date, provide the following information U Hazardous to Your Health material shall be covered with at least to the administrator: Notation 15 centimeters (ca. 6 inches) of com (a) A description of the emission con- ,* ..l^SUs.Serit Gothic or Block pacted non-asbestos-containlng - mate " troi equipment used for each process: - : XvzJ. '^'siSui'ssirij, aothic or Block rial, and a cover of vegetation shall be grown and maintained on the area ade quate to prevent exposure of the asbes tos-containing waste material: or (11) The asbestos-containing waste material shall be covered with at least 60 centimeters (ca. 2 feet) of compacted non-asbestos-containing material and maintained to prevent exposure of the asbestos-containing waste; or Oil) For inactive waste disposal sites for asbestos tailings, a resinous or petro leum-based dust suppression agent which effectively binds dust and controls wind erosion shall be applied. Such agent shall be used as recommended tor the partic ular asbestos takings by the dust sup pression agent manufacturer. Other equally effective <11st suppression agents may be used upon prior approval by the Administrator. Fot purposes of this para graph, waste crankcase oil Is not con sidered a dust suppression agent. (40 FR 48292. October 14. 1975| 6 61.23 Airdeanlng. If Sir-cleaning Is elected, as permute.. by ltftU2(f) and 61.22(d) (4) Uv), the requirements of this section must be met. [40 FR 48292. October 14. 19751 (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 permeability in ftVmln/ft*; and. if the fabric is syn thetic, indicate Whether the fill yam is spun or not ffpr t (2) If the fabric filter device utilizes a felted fabric, the density in oz/yd*. the minimum thickness in inches, and the airflow permeability in ft*/mln/ft\ (c) For sources subject to SI 61.22(1) and 61.28(kl: (1) A brief descrlptton of each process that generates asbestos-containing waste material. (2) The average weight of asbestoscontaining waste material disposed ol, measured In ka/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 disjxwai. the name of the site operator, and the name and location of the disposal site. (d) For sources subject to i 61-22(1 >: (1) A brief description of the sue. 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 arc met, or where a natural barrier ade quately deters access to the general public. Upon request and supply of approprfate 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 tho requirements of paragraph <c) (1) or (e> (2) of this section, or may use an al ternative control method for emissions from active waste disposal sites which has received prior approval by the Administrator. (1) At the end of each operutinu (lay. or at least once every 24-hour period (a) Fabric filter collection devices mdst be used, except as noted in para graphs (b) and (c) of this section. Such devices must be operated at a pressure (2) The method or methods used to comply with the standard, or alternative procedures to be used. while the site Is In continuous operation, the asbestos-containing waste material which was deposited at the site durhv: the oi>crating day or previous 21-hour drop of no more than 4 Inches water gage, (ei Such information shall accom period shall be covered with at least -1.1 as measured across the filter fabric. The pany the information required by 9 Cl 10. centimeters (ca. 6 Inches) of compacted airflow permeability, os determined by The Information described hi this section lioii-nsItcsUw-cunlaliiing material. 1-16-76 Copyright m 1976 by The Bureau of Notional Affairs, luc. [Sec. 61.25(e)(1)l 87 C 003151 LAM022786 LAM022780