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TUESDAY, OCTOBER 14, 1975 PLAINTIFF'S EXHIBIT 194 PART V: ENVIRONMENTAL PROTECTION AGENCY NATIONAL EMISSION STANDARDS FOR HAZARDOUS AIR POLLUTANTS Asbestos-and Mercury-- - -- HER 0000448 RULES AND REGULATIONS itle 40--Protection of Environment X Demolition and Renovation. A com CHAPTER I--ENVIRONMENTAL ' ment was received during review of the PROTECTION AGENCY [FRI> 431-2] \amendments within the Agency that Jducts can be insulated with amounts of triable asbestos material similar to those PART 61--NATIONAL EMISSION STAND Jon boilers, tanks, reactors, turbines, fur- ARDS FOR HAZARDOUS AIR POLLUTANTS )naces and structural members, and mendments ______ to Standards and Mercury for Asbestos,/ 'should be covered by the demolition and renovation regulations. Since demolition and renovation operations can involve On October 25, 1974 (39 PR 38064), ducts insulated with appreciable quanti pursuant to section 112 of the Clean Air ties of friable asbestos material, "ducts'* Several comments were received which stated that operating machinery could be damaged by wetting procedures during certain renovation operations. The wet ting during renovation of a heated boiler, near sensitive electric equipment, and over operating machinery in an indus trial plant were mentioned as specific ex amples. One comment also stated that portable local exhaust ventilation sys tems are effective alternatives to wet ting. The proposed amendments have Act. as amended, the Administrator pro has been added to the list of apparatus been changed to allow the use of local posed amendments to national emission that are covered by the amendments. exhaust ventilation systems when dam standards lor the hazardous air pollu The comment was made that the quan age to equipment from wetting is un tants asbestos and mercury. The Ad tity of friable asbestos material proposed avoidable, provided that the system cap ministrator also proposed amendments to as the minimum amount for establish tures the asbestos particulate material Appendix B, Test Methods, o1 this part: Interested persons representing indus try, trade associations, environmental groups, and Federal, State and local gov ernments participated in the rulemaking by sending- comments to the Agency. Commentators submitted 40 letters, many with multiple comments. The com ments have been considered, and the proposed amendments have been reeval uated. comment, some ol which ing renovation operations as major produced during the removal of friable sources of asbestos subject to the pro asbestos material and discharges no vislposed amendments- was arbitrary, but -ble emissions from its exhaust. The Ad should also apply to demolition opera ministrator will make determinations, tions. The Agency explained in the pre upon request, of whether damage to amble to the proposed amendments that equipment from wetting would be un this amount of asbestos is typically con avoidable. tained in a four-unit apartment build Several comments were received which ing, which is the maximum size for apart stated that the proposed frequency for ment buildings excluded from the demoli submitting to the Agency written notices tion provisions. Therefore, the minimum of Intention to perform repetitive reno were submitted by more than one party, quantity of friable asbestos material cov vation work at a single facility was ex has been separately addressed in writing ered by the demolition and renovation cessive. One commentator suggested that by the Agency. The Freedom ol Informa provisions is essentially equivalent. The definitions' for "emergency renovation" tion Center, Room 202 West Tower,. 401 Agency considered applying regulations and "routine maintenance renovation" M Street, SW, Washington, D.C. has only to demolition operations in which be included, and that a yearly filing of copies ol the comment letters received more than a specified amount of friable Intention to renovate should be allowed and a summary ol the Issues and Agency asbestos material was involved, prior to for each industrial plant. It is evident responses available lor public inspection. promulgation of demolition provisions on from the comments received that some In addition, copies ol the issue summary April 6,1973 (38 FR 8820). This approach plants perform renovation operations and Agency responses may be obtained upon written request from the EPA Pub lic Information Center (PM-215), 401 M Street, S.W., Washington, D.C. 20460 (specify Public Comment Summary-- Proposed Amendments to National Emis sion Standards for Hazardous Air Pol lutants--Asbestos and Mercury). Where' determined by the Administrator to be appropriate, changes have been made to the proposed amendments, and the re vised version ol the amendments to the national emission standards lor asbestos and mercury Is promulgated herein. The principal changes to the proposed amendments and the Agency's responses to the major comments received are sum marized below. Copies of Background Information on National Emission Standard* for Haz ardous Air Pollutants--Proposed Amend ments to Standards for Asbestos and Mercury (EPA-450/2-74-009*) which ex plains the basis for the proposed amend ments are available on request from the Emission Standards and Engineering Di vision, Research Triangle Park, North Carolina 27711, Attention: Mr. Don R. Goodwin. was rejected primarily because it would complicate enforcement procedures. However, the Agency realizes that certain commercial buildings contain smaller amounts of friable asbestos material than the lower size cutoff limit proposed for renovating operations. On reevalua tion, the Agency concluded that the available Information Justifies changing the proposed amendment to allow exemp tion of demolition operations involving less than 80 meters of friable asbestos pipe insulation and less than 15 square meters of friable asbestos material used to Insulate or fireproof any duct, boiler, tank, reactor, turbine, furnace or struc tural member. The owner or operator of a demolition operation desiring this ex emption must notify the Administrator, at least 20 days prior to beginning demo lition, of the measured or estimated amount of friable asbestos material in volved in the demolition. This will permit the exception to be implemented without requiring prior Inspection of every site by Agency personnel, which would be an excessive enforcement burden. This dif fers from the reporting requirements of the renovation provisions of the amend very frequently, such as twice a week. The proposed reporting requirements for such plants would be excessive. The pro posed amendment has been changed so that these requirements are reduced, and the applicability of the requirement is more clearly defined by adding more de tailed language and definitions for "plan ned renovation" and "emergency renova tion" operations. Additionally, the ap plicability of the amendment has been clarified by specifying how the quanti ties of asbestos involved in "planned renovation" and "emergency renovation" are to be determined. The basic charac teristic that distinguishes the two types of renovation operations is the degree of predictability of their occurrence. The amount of friable asbestos material that will be removed or stripped within a given period of time can be predicted for planned renovation operations, in cluding both scheduled and non-scheduled operations, whereas no such predic-' tion can be made for emergency renova tion operations. The glven pcriod of time for predicting purposes has been speci fied to be between 30 days and one year for planned renovation operations in Asbestos ments. The nature of renovation opera volving individually non-scheduled op CHANCES TO PROPOSED AMENDMENTS Manufacturing. .Hie Agency received numerous comments stating that the proposed amendments should apply only to asphalt concrete manufacturing plants that use asoestos. This was the Agency's Intent. Section 61.22(c) has been revised tions necessitates a greater familiarity on the part of the operator with the quanti ties of friable asbestos materials present than for demolition operations. For this reason, the Agency believes that it is not necessary to require reports from all ren ovation operations in order to ensure ef fective enforcement of the renovation erations. A reporting time shorter than 30 days would require the submission and review of a large number of reports, and predictions over periods longer than one year could give inaccurate predic tions of friable asbestos material to be removed. In emergency renovation oper ations. the amount of friable asbestos by the addition of the wording, "that use provisions that apply to only larger reno material that is subject to the amend commercial asbestos." vation operations. ment is the total amount of such mate- KDERAl REGISTER, VOL 40, NO. 199- -TUESOAY, OCTOBER 14, 1975 HER 0000449 RULES AND REGULATIONS 48293 rial that will be removed or stripped as b Based on Agency enforcement experi tainir.g wastes, as noted above. Accord result of the Individual emergency. ence since promulgation of the standard ingly, the amendmentspromulgated here One commentator stated that the pro on April 6, 1973, the required reporting in apply to inactive disposal sites that posed amendment covering renovation of spraying operations where less than 1 have previously been operated by certain could be circumvented by the carrying out percent asbestos material is used is felt sources covered by the asbestos stand of small portions, which are individually to be unnecessary. Accordingly, the ard. The owner of such an inactivated not subject to the amendment, of a larger Agency has revised the reporting require site must comply with the amendments operation. Section 61.17 has been added ments of paragraph 61.22(e) to apply regardless of whether or not he gener to the General Provisions to explicitly only to spray-on insulation and fireproof ated the waste or operated the disposal prevent this potential circumvention and ing material that contains more than one site when it was active. This category of to apply in general to circumvention of percent asbestos by weight. sites includes asbestos mill tailings dis all standards promulgated under this Wcstn Disposal. The proposed amend- posal sites, and the large disposal sites .part. ments would nave applied directly to all at asbestos manufacturing and fabricat One commentator stated that a re waste disposal sites that accept asbestos ing plants which have caused concern quirement in S 61.22(d) (2) (vi) of the waste from any emission source covered in the past. The owners or operators of proposed amendments was inconsistent under the asbestos standard. The Agency spraying, demolition and renovation op and should be revised. This section re estimated that approximately 2500 dis erations have not operated disposal sites quired that friable asbestos material re posal sites would be covered. Review of In the past and are not expected to do so moved from buildings greater than SO these proposed amendments within the in the future. Due to the nature of such feet in height be transported to the Agency indicated that enforcement would operations, the wastes generated are de ground via dust-tight chutes or contain have required a disproportionate com posited at waste disposal sites which ac ers. The cited inconsistency arises be mitment of Agency resources. Alterna cept mostly non-asbestos-containing , cause this requirement applied at all tive means of controlling asbestos emis waste. As a result, the asbestos waste is ; heights, including those less than 50 feet, sions from waste disposal sites were effectively covered, thereby preventing j for a building SO feet or gretaer in height, therefore examined. emissions even in open dumps. For these whereas it did not apply to buildings less The number of acceptable waste dis reasons, inactive waste disposed sites that j than 50 feet In height. The requirement posal sites that meet the criteria in 61.- have been used by spraying, renovation has been changed so that it applies only 22(j) (3) of the proposed amendments, and demolition are not regulated. to materials that have been removed or which are similar to the criteria for san The amendments promulgated herein stripped at more than 50 feet above itary landfills, has increased significantly will control Inactive asbestos waste dis ground level. within the past several years and the posal sites that contain large quantities - Several minor changes hare been made trend is continuing In that direction. of asbestos waste. The Agency's enforce in response to comments. Language has This trend is noted in a recent publica ment resources will be more effectively i been added to allow delivery of notices tion ("Waste Age," January 1975). This utilized since approximately 2000 waste ! of intention to renovate or demolish to indicates that acceptable sites (i.e., pri disposal sites will not be directly regu- ; the Administrator by means other than vate and municipal sanitary landfills) lated by the promulgated amendments. I the TLS. mail. There is a minor clarifying which follow practices that reduce as This should facilitate enforcement and language change between { 61.22(d) (2) bestos emissions will be available for diS' protection of the public health. (i) of the proposed demolition provisions jwsal of asbestos-containing waste. 1 The comment was made that the pro and the corresponding provision, l 61.22 Therefore, It was determined that an ef posed permanent posting of warning ' (d) (4) (1), of the regulations promulgated fective means of reducing emissions from feigns at Inactive asbestos waste disposal herein. A comment suggested the term waste disposal sites without undue en kites would be overly restrictive. The "adequately wetted" should be defined forcement burdens would be to require warning signs were intended primarily to : and differentiated from "thoroughly wet already-regulated asbestos waste genera warn the general public of the potential ' ted," since both terms appeared in the tors to dispose of asbestos-containing hazards that could result from creating . proposed amendments. The use of these wastes at properly operated disposal sites. dust by such disturbances as walking on ! terms has been reevaluated, and a defini This is provided for In the amendments exposed asbestos waste. If the disposal ! tion of "adequately wetted" lias been (.herein promulgated, site is properly covered over as required added. The term "thoroughly wetted" tTh*1e* Asg-eonnrcTMy-''s* bgtrematest concern is with by the alternative methods of complying has been deleted and the term "ade disposal sites which accept large quan with the proposed amendment for waste quately wetted" has been used through tities of asbestos waste. In most cases, disposal sites, such minor disturbances out. companies which generate large quan will not generate asbestos emissions. Ac- j The Agency has made a revision in the tities of asbestos-containing waste also cordingly. the proposed amendment has [ proposed requirement Cf 61.22(d) <l) 3 for own and operate their own disposal sites been changed, and warning signs are not notification of intention to perform reno because of convenience and economics. required If an inactive disposal site ap vation or demolition operations. An addi For example, all domestic asbestos mills plies and properly maintains a covering ; tional reporting requirement for the operate their own tailings disposal sites. of compacted non-asbestos-contalnlng name and location of the waste disposal The Agency anticipates that these large material at least 60 centimeters (ca. 2 : site where demolition sad renovation waste generators will operate their dis feet) In depth, or at least 15 centimeters ' waste will be deposited has been added to posal sites in the future In compliance (ca. 6 Inches) in depth with a cover of assist In enforcing the waste disposal pro with the proposed ! 61-22(1) in order to vegetation. The proposed amendment ' visions of the amendments. meet the requirement that they dispose would have also required that active as- 1 Spraying. During review of the amend- of their waste at a acceptable sites. bestos waste disposal sites post warning ' ' ments within the Agency, a question Inactive disposal sites may also be ma signs. The amendments promulgated ; arose concerning whether the waste gen jor emission sources if they contain large herein do not apply directly to active dis- j erated by operations that use spray-on ^mounts of asbestos waste. It Is likely posal sites, and the specified operating ! materials which contain less than one that at inactive sites containing small practices for acceptable disposal sites do ' percent of asbestos by weight to insulate amounts of asbestos waste the asbestos is not require the posting of warning signs j or fireproof buildings, structures, pipes covered by non-asbestos waste, and the provided an appropriate cover of at least ; and conduits was covered by the asbestos chance of significant asbestos emissions 15 centimeters (ca. 6 Inches) of non-as waste disposal amendment [J61.22(j)3. Is small. It was decided to require that bestos-contalnlng material is applied to The spraying provisions do not apply to those inactive sites which are known to the active portion of the site at the end such operations, though reports of the contain large quantities of asbestos com of each operating day. Comments were operations were required by the stand ply with the standards specified In sec received that suggested the. Agency ard promulgated on April 6,1973. There tion 61.22(1) to reduce asbestos emis should allow the use of existing natural' fore, the waste disposal processes asso sions. This category of asbestos waste barriers as substitutes for fences that are ] ciated with these operations are not regu disposal sites is usually operated by the Intended to deter access to some types of] lated by the waste disposal amendments. sources that generate the asbestos-con- asbestos waste disposal sites. The Agen-^ FEDERAL REGISTER, VOL 40. NO. 199--TUESDAY, OCTOBER 14, 1975 HER 0000450 4S294 RULES AND REGULATIONS cy agrees that certain natural barriers, such as deep ravines and steep cliffs, can be as effective as fences in deterring ac cess. The proposed amendment has been changed to suspend the requirements for fences, and also warning signs, when a natural barrier provides an adequate de terrent to public access. Upon request and supply of appropriate information, the Administrator will determine wheth er a specific type of fence or a natural Several commentators requested that ment has been changed to provide an the proposed alternative method of com exemption for wetting of tailings below pliance Included in the asbestos waste this temperature. Only one existing do disposal amendments, which specified mestic asbestos mm is expected to use that the waste be formed Into non-friable the exemption to a significant extent. pellets, be changed to accommodate An examination of hourly temperatures shapes other than pellets. The precise representative of the location of that size and shape of the processed, non- plan, and extending over a period of one friable waste is not important,' and the year, showed that hourly temperatures amendment has been reworded, to ex- , are below 15*P for approximately 7 per plicitly permit the forming of asbestos cent of the time. barrier adequately deters access.to the wastes into pellets or any other.shapes. Asbestos emissions at asbestos mill general public. In response to another A comment was made during review tailings disposal piles are contributed by comment, the proposed amendment for within the Agency that asbestos-contain the tailing conveying operation, the fencing of asbestos waste disposal sites ing wastes subject to the proposed deposition operation, and wind entrain has been revised to allow fences to be amendment are sometimes used to sur ment of asbestos-containing particulate placed either along the property line of face roadways and that this practice from the surface of the disposal pile. The an affected source that contains a waste should be prohibited. The Agency agrees first emission source is subject to pre disposal site or along the perimeter of the that the use of asbestos-containing viously promulgated regulations (38 FR disposal site itself. Either type of fence wastes on roadways can cause asbestos 8820), and the latter two sources are sub provides the necessary deterrent to public emissions similar to those caused by the ject to the amendments promulgated access to the disposal site. use of asbestos tailings on roadways, herein. The major sources of asbestos Several comments were received on the which is prohibited by the asbestos emissions from process gas streams at proposed prohibition of Incineration of standard. Vehicular traffic on roadways asbestos mills, namely effluents from containers that previously contained can pulverize asbestos waste and liberate crushers, dryers and milling equipment, commercial asbestos. One commentator fibers that can become airborne in the are also covered by the previously prom stated that the prohibition seemed un wake of moving vehicles and by the wind. ulgated regulations (38 FR 8820). The desirable because asbestos is thermally The use of asbestos-containing wastes amendments promulgated herein, in degraded at a temperature of 600* C. The has therefore been prohibited from use cluding an exemption from wetting of Agency considered: (a) the uncertainty on roadways. asbestos tailings at temperatures below that the feed material to an incinerator The proposed amendment for waste -9.5* C (15* F), together with the stand will be uniformly heated to the combus disposal at asbestos mills included a pro ards promulgated on April 6,1973 (38 FR tion chamber temperature, (b) the un vision requiring no visible emissions to 8820), represent use of the best available certainty concerning the decomposition the outside air from the deposition of temperature of asbestos, and (c> the re asbestos ore tailings onto a disposal pile. sults of a stack gas test that detected An alternative method of compliance emissions of asbestos from a sintering required that the waste be adequately process in which the temperature at wetted with a dust- suppressant agent tained was well shove 600* C, in evaluat-' prior to deposition. Two commentators ing the comment. The Agency concluded stated that an exemption from the wet technology for control of emissions from asbestos mills. This is consistent with the determination of the Administrator that best available technology should be used to control major sources of asbestos emissions to protect the public health with an ample margin of safety. that the available data do not justify ting requirement of the alternative The reporting format of Appendix A changing the proposed regulation on method is needed when the temperature has been changed by the addition of grounds that the asbestos is thermally at the disposal site is below freezing, to paragraphs "C" and "D", to accommo degraded in the combustion process. An prevent freezing of the tailings and per date the addition of disposal of asbestos- other cpmment suggested that incinera mit continued operation of the asbestos containing wastes and certain inactive tion should be permitted, provided there mill at such low temperatures. The inves asbestos waste disposal sites to the are no visible emissions of asbestos par tigation carried out' by the Agency prior amendments. The additional informa ticulate matter from the incinerator. In to proposal of the amendment Indicated tion required is essential for determining formation presented to the Agency after that wetting of asbestos tailings is the compliance with the regulations. Ap proposal indicated that some small in only presently available method for effec pendix A has also been revised into a new cinerators, such as those operated by tively controlling particulate emissions computer format which will promote asbestos manufacturing plants, can be from the deposition operation. In re more effective enforcement of the regula operated with no visible emissions. The sponse to the comments received, the tions. Section 61.24 has been revised to proposed prohibition on incineration of Agency further investigated the cold reflect the additional reporting informa containers that previously held commer weather operational problems of disposal tion requested in Appendix A. cial asbestos has been deleted. The pro systems for wetted asbestos tailings. Dis visions of the amendments for the dis cussions were held with operators of three ADDITIONAL COStXZNTS posal of asbestos-containing waste mate Canadian asbestos mills that frequently - Manufacturing and Fabrication. One rials apply in particular to the disposal operate under cold weather conditions comment questioned the need for in of containers that previously held com and have installed tailings wetting sys cluding asphalt concrete manufacturing mercial asbestos. Therefore, these con tems, with a firm that is experienced in plants in the proposed amendments. The tainers can be incinerated -under the designing systems to suppress dust gen rationale for including asphalt concrete amendments, provided the incineration erated by materials conveying operations, plants as major sources of asbestos is operation does not discharge visible and with several non-asbestos mineral discussed in the background informa emissions. mining facilities that operate wetting tion document for the proposed amend Two commentators suggested that the systems for crushing and conveying oper ments (EPA-450/2--74-(J09a). Two com proposed amendments should not require ations. The investigation revealed that mentators suggested that the manufac that EPA warning labels be attached to several Canadian asbestos mills are pres ture of asphalt concrete containing less containers of asbestos waste in addition ently experimenting with wet tailings than 3 to 5 percent asbestos in the total to the warning labels specified in regula disposal systems to extend operation to mixture should be exempt from the regu tions issued by the U.S. Department of temperatures substantially below freez lations. However, asbestos asphalt con Labor. Occupational Safety and Health ing. However, the Agency is aware of no crete typically contains-1 to 2 percent Administration (OSHA). The Agency agrees that both labels adequately con vey the desired information; therefore, the proposed amendment has been changed to allow the OSHA warning such system that has operated in a con tinuous manner at temperatures below --9.5*C (15*F). Accordingly, the Agency has concluded that wet tailings disposal systems for asbestos mill* are not avail asbestos, and the Agency determined that asbestos asphalt concrete operations using even these low percentages of asbestos are major sources. No data or label to be used in place of the EPA able for disposal site temperatures below information were received that would warning label. --9.5 *C (15*F), and the proposed amend Indicate asphalt concrete plants are not FEDEEAL t, VOL 40, NO. 199--TUESDAY, OCTOiEl 14, 1975 HER 0000451 RULES AND REGULATIONS 48295 major sources, and the regulations pro tor recommended that the Agency im considered, namely the prohibition of mulgated herein apply to such sources. pose a standard of 0fi3 grain per cubic demolition under freezing conditions. The The Agency received two comments that foot for asbestos emissions in addition to proposed alternative suspends only a the individual emission sources within the no-visible-emission standard. It is portion of the wetting requirements an asbestos asphalt concrete plant which the Judgment of the Agency that there under freezing conditions. Pipes, duets.' are subject to the proposed amendments are no sufficiently reliable emision meas boilers, tanks, reactors, turbines, fur should be specified. The Agency feels that urement techniques to provide a basis for naces and structural members Insulated revisions are not necessary. Only com ' such a numerical standard and the set or fireproofed with friable asbestos ma ponent operations that may emit asbes ting of numerical standards should be terials must be removed from the build tos are covered by the provisions; for delayed until accurate asbestos measur ing in sections, to the maximum extent example, if no asbestos is added to the ing techniques are available. practicable, before wrecking of the build aggregate dryer, the emissions from the Demolition and Renovation. Comments ing. The stripping of asbestos materials dryer alone are not covered. were received which suggested that the from, the previously removed sections The possibility that the enforcement proposed renovation provisions should must be accompanied by wetting at all of the amendments promulgated herein not apply to operations carried out with temperatures, and the resulting asbestos for asphalt concrete plants may be in in buildings, or to operations regulated waste materials must be wetted at all conflict with the enforcement of new by the Occupational Safety and Health temperatures. These procedures do not source performance standards for as Administartion (OSHA) for-worker ex jeopardize worker safety. Therefore, the phalt concrete plants was raised by one posure to asbestos. The Agency recognizes promulgated demolition provisions are commentator. It is possible that both the that there may be less asbestos emis based on the use of the best available new source performance standard and sions from stripping of friable asbestos emission control methods at all tempera the national emission standard for asbes materials within a structure than from tures, and these methods are different for tos will apply simultaneously to emissions stripping in an unenclosed-area. However, non-freezing and freezing conditions. from some operations at some new and asbestos from the stripping operation Another comment indicated that modified plants. Where thi occurs, the carried out within a building or structure sprayed fireproofing was the only type visible emission standard promulgated can be discharged into- the outside air of asbestos material that could cause as herein applies to asbestos particulate from building ventilation systems, win bestos emissions to the atmosphere dur matter, even though it is more restric dows and doors. Further, the disposal of ing demolition operations, and that tive than the opacity regulation of the friable asbestos waste materials gener molded insulation is not readily released' new source performance standard. A ated by renovation operations, which in into the air. The Agency has inspected more stringent standard is justified when cludes the transport of waste materials both types of materials and has found asbestos is being processed because of to a disposal site, is afi emission source that some types of molded insulation the hazardous nature of asbestos. that needs to be controlled regardless of and plaster that contain asbestos are Comments were received that the pro whether the renovation is performed in friable. Therefore, buildings containing posed definition of "fabricating" needed the outside air or in buildings. In the these materials are covered *by the to be clarified. The Agency reviewed the judgment of the Administrator, the con amendments promulgated herein. definition and determined that changes trol of such asbestos emissions is neces Comments were received that the in the definition are not necessary. Fabri sary and Is part of the best available con Agency has a responsibility to develop cating includes any type of processing, trol technology. The OSHA regulations asbestos measurement methods and de excluding field fabrication, performed on (29 CFR 1910.93a) require that,"... in termine by use of measurement methods manufactured products that contain sofar as practicable. . asbestos mate whether demolition is a major source of commercial asbestos. The Agency ac rial be removed while wetted effectively asbestos emissions. The Agency keeps knowledges that some component proc to prevent emission of asbestos in excess abreast of newly developed measurement esses of asbestos fabricating operations of the specified OSHA exposure limit, but -techniques in the asbestos industry, and could generate visible emissions in such also specifically require that employees the development of asbestos measure a manner that the visible emissions do shall be provided with respiratory equip ment techniques is currently being fund not contain asbestos generated by the ment for all spraying, demolition and re ed by the Agency. No new information on process, though the commentators did moval of asbestos materials. The purpose measurement techniques was received in not cite any specific examples. The Agen of the OSHA standard, to protect em the comments. The Agency previously cy has observed this type of process in ployees' health, can be achieved by the made the determination that buHding asbestos manufacturing operations. For use of respiratory equipment, even In demolition is a major source of asbestos example, visible emissions of organic those situations where wetting is not im emissions, and no new information has materials are sometimes generated dur plemented and emissions may produce been submitted to demonstrate that It is ing the curing of asbestos friction prod concentrations in excess of the OSHA ex not a major source. Demolition and ren ucts in operations where asbestos is posure limit. The extent to which the re ovation operations generate short-term bound into a matrix of non-asbestos sulting concentrations in the outside air exposures of urban populations to asbes material but the asbestos is not trans are protective of public health is un tos. Since promulgation of the demoli ferred into the emission stream. Such known.-Accordingly, the proposed reno tion regulations on April 6, 1973, new operations are in compliance with the vating provisions do not exempt opera biological evidence supporting the signif standard of no visible emissions contain tions that are controlled by OSHA regu icance of single short-term exposures of ing particulate asbestos material. lations. asbestos has been obtained. One-day in One commentator stated that some Two commentators stated that the al halation exposures in animal experiments field fabrication operations release ternative to the wetting requirement in have produced an increase in the in significant amounts of asbestos. The the demolition provisions at sub-freezing cidence of mesothelioma. (Wagner, J. C., Agency's investigation prior to proposal temperatures should be allowed at all Berry, G.. and Timbrell, V., "The Effects' of the amendments showed that there is temperatures. In contrast, smother com of the Inhalation of Asbestos in Rats". only limited'field fabrication of asbestos mentator suggested that suspension of Br. J. Cancer 29, pp. 252-269, 1974). A products other than insulating products. the wetting requirements at sub-freez copy of this article is available for inspec The fabrication of friable asbestos in ing temperatures should be subject to a tion at the Public Information Reference sulation was determined to be the only permit procedure that would discourage Center, Room 2404, Waterside Mall, 401 major asbestos field fabrication source, demolition at sub-freezing temperatures. M Street, SW, Washington, D.C. 20460. It and this is regulated by prohibiting the The alternative was proposed because, in can be concluded that human asbestos use of such materials after the effective the judgment of the Agency, worker exposure for periods typically required to date of the amendments promulgated safety would be unduly jeopardized by perform demolition and renovation oper herein. In the Judgment of the Adminis the unsafe footing caused by ice forma ations is hazardous. Therefore, the trator, the comment did not contain suf tion from water use under freezing con Agency has not changed its prior deter ficient information to justify including ditions. The proposed alternative is less mination that building demolition is a other categories of asbestos field fabrica restrictive on demolition contractors major source of asbestos emissions. An tion in the amendments. One commenta than a second course of action that was other commentator was concerned that FEDERAL REGISTER, VOL. 40, NO. 199--TUESDAf, OCTOSER 14, 1975 HER 0000452 48296 RULES AND REGULATIONS the demolition sources now covered by Mining Co. et al, 498 F.2d 1073,1079, (8th Some comments questioned whether the asbestos standard as major sources Cir., 1974) ] stated, "It is reasonable to the proposed Eunendments would apply were not defined as major sources by the assume an error in the count of fibers to asbestos waste disposal sites that were National Academy of Sciences (NAS) in both water and air of at least nine inactivated prior to the publication of study, which was cited by the Agency as times on the high side to one-ninth on the proposed amendments. Regulations a basis for the demolition regulation. the low side." Further testifying on the established under section 112 of the Act The NAS study did not define categories same subject. Dr. Brown stated, "... I are applicable to both existing sources of asbestos materials other than sprayed do not recall having been exposed to a and new sources. The amendments cover fireproofing as major emission sources procedure with an error this large, and previously inactivated sites as well as because data were available at that time which people have seriously proposed a sites that become inactive in the future. on fireproofing only. The Agency had number based on this very poor proce However, the proposed amendments have concluded prior to proposing asbestos dure." Moreover, there is no place to been revised as discussed in "Changes to standards on December 7,1971 that any measure the total emissions from a the Proposed Amendments" so that only friable asbestos material used for insu demolition or renovation operation. The owners of sites which have been oper lation or fireproofing has a comparable Agency has determined that violations of ated by asbestos mills, manufacturing potential to create asbestos emissions the work, practices specified in the plants, and fabricating plants subject to upon demolition or renovation as sprayed demolition section will result in emissions the asbestos standard must comply with fireproofing, and therefore these mate of asbestos. 'Considering these facts, the the asbestos amendments proposed here rials are also covered by the regulations. prescription of work practices is not only in for inactive asbestos waste disposal Several comments were received stat ing that the definitions of "friable as bestos material," "asbestos," and "as bestos material" are vague and subjective and remain constitutionally deficient for a regulation enforceable by criminal pro ceedings. The Agency reevaluated, the definitions and concluded that they are sufficiently clear that the owners or op erators subject to the amendments can reasonably be expected to understand these terms. Owners or operators should be able to identify covered material and comply with the regulations on the basis of the definitions supplied. Comments were made suggesting the Agency describe more specifically a prop er wetting operation. The purpose of the wetting requirements is to reduce the amount of asbestos dust generated dur ing demolition operations. Many differ ent procedures would accomplish this; therefore, the Agency believes that spec ifying such procedures is neither nec essary nor appropriate. A new definition of "adequately wetted" was added to the regulations promulgated herein. The Agency believes that owners or operators of demolition operations are familiar with proper wetting procedures. a legally permissible form of an emission standard, but also the only practical and reasonable form. Waste Disposal. A number of com- mentators questioned the relationship between the proposed no-vlsible-emlsslons requirements in me proposed asbestos waste disposal provisions and the alternative methods for complying with the requirement. The' following points were included in the comments; 1. Can any of a variety of waste dis posal methods be> used to meet the no- visible-emissions limit? 2. Various other methods of disposal should be specified as alternatives. 3. The inclusion of a no-visible-emis sions requirement in portions' of the alternative methods of compliance is a paradox. 4. Various alternatives are either not feasible or are unnecessary for some specific waste disposal operations. As stated in H 61.22 (j> and (k) of the proposed and promulgated amendments, a requirement for affected sources that dispose of asbestos waste is no visible emissions during waste disposal opera tions. This provides affected sources flex ibility in developing and using those dis posal techniques most suitable to individ Two comments were made stating that ual needs. The Agency recognizes that the proposed demolition and renovation the best available disposal methods for amendments are not emission standards some of the sources may not be capable and that asbestos emissions must be of preventing visible emissions during a proved in determining compliance with 'minor portion of some of the disposal the regulations. Congress has specified that EPA should set emission standards operations. Therefore, alternative meth ods of compliance that represent the best for hazardous air pollutants. EPA, available disposal methods have been in charged with implementing this require ment, has determined that the term cluded in the regulations. Sources are not required to use these methods; they may "emission standard" includes work prac tice requirements designed to limit emis use other methods that achieve no visible emissions. However, sources may elect to sions. The position taken by the Admin use one of the specified alternatives. istrator on this issue-in the promulga Some of these alternatives result in no tion of the original regulations on asbestos on April 6, 1973 (38 FR 8820) is unchanged here. The demolition and renovation regulations require certain work procedures to be followed. These methods of control are required because of the impossibility at this time of pre scribing and enforcing allowable numeri cal concentrations or mass emission limitations. One difficulty in prescribing a numerical emission standard is the rel ative inaccuracy of asbestos analytical methods. Dr. Arnold Brown, testifying in visible emissions; others may not. For those alternative methods that may not be capable of preventing visible emissions during all portions of the waste disposal process, a requirement has nevertheless been included that there be no visible emissions from those portions of the process that can achieve this perform ance level. The listing of a particular method of waste disposal as an alterna tive method of compliance does not im ply that the method is universally ap plicable or that the use of the method a recent court case involving asbestos is necessary to achieve no visible emis sites. Several commentators suggested that certain types of asbestos waste disposal sites should be excluded from the pro posed amendments, depending upon the the rate at which asbestos waste Is de posited at the site, the percentage of the total wtiste that is asbestos, the fria bility of the asbestos waste, and the ex tent to which the site is in active opera tion. These comments were considered, but no changes in the proposed amend ments were made as a result of the Agency's reevaluation. It would be ex tremely difficult to enforce regulations that depend on the rate or asbestos con tent of waste deposition. Further, the provisions promulgated herein shift the focus of the waste disposal requirements away from the site operator to the gen erator of the waste. Because of this, the burden of the requirements on a waste disposal site operator who accepts only a very small quantity of asbestos waste, and who the commentators desire to exclude from the regulations, is largely removed. A comment was made that the pro posed tunendments could cause consid erable hardship to small users of asbestos because some waste disposal sites may no longer accept Etsbestos wastes. There are an estimated 5,000 waste disposal sites in the U.S. which meet the stand ards of a sanitary landfill. A properly operated sanitary landfill complies with the soil-covering requirements of the amendments, and therefore will be af fected only slightly by handling Etsbestos wastes. Accordingly, the Agency believes that small manufacturers and users of asbestos will not encounter severe prob lems in complying with the amendments for waste disposal sites. Two commentators were concerned that the proposed waste disposal provi sions would cause serious problems in contract hauling arrangements; and in the use of private landfills, municipal landfills, and waste disposal sites leased by generators of the asbestos waste. Since the generator of the waste has the direct responsibility for compliance during the transport of waste and for disposing of the waste at a properly oper ated disposal site, the Agency believes that problems in contract hauling ar-. rangements can be avoided if the gener ator institutes proper waste handling emissions (United States et al. v. Reserve sions. practices. The Agency also believes that FEDEHAl. T.EGISTE*, VOL 40, NO. 199--TUESDAY, OCTOSI* 14, 1973 HER 0000453 RULES AND REGULATIONS 4S29T the deletion in the promulgated amend cury concentration of the sludge has questioned the derivation of the ambient ments of some of the proposed require occurred that would significantly in concentration of 1 microgram per cubic ments for posting of warning signs will crease mercury emissions. meter, 30-day average, and indicated remove many of the potential problems One commentator suggested several that this level should be lower.- The that were of concern. Further changes revisions to procedures in the proposed Agency evaluated these comments, but to the proposed amendments were Judged sludge testing method. Method 105. The determined that no new information had unnecessary because they impose few procedures were reevaluated, and tire been presented that had not been pre additional requirements on disposal method has been'changed where appro viously considered in the derivation of sites, such as municipal sanitary landfill priate. The proposed section 3.1.3 of this allowable concentration. Another sites, that are properly operated. Method 105 specified a 10 percent solu commentator stated that the restrictive A comment suggested that.bags which previously held commercial asbestos should be exempt if the bags have been cleaned sufficiently so that shalcing the bags will not generate visible emissions of asbestos particulate matter. Even if such wastes do not produce .visible emis sions during the subsequent processing, transporting and depositing operations tion of stannous chloride as an alterna meteorological conditions used for sew tive to stannous sulfate. One comment age sludge incineration and drying plants stated that it was inappropriate to re do not represent the "worst case" mete quire any solution percentage. The orological conditions, and discussed a Agency agrees, and the requirement has specific existing facility as an example. been deleted. Another comment sug The Agency analyzed this comment con gested that the required use of mercuric sidering the meterologicai conditions and chloride of Bureau of Standards purity topography at the specific site mentioned to prepare the mercury stock solution is ' in the comment and concluded that, even at a waste disposal site, there is a need not necessary because the precision of with a mercury emission of 3200 grams for ensuring proper ultimate wraste dis the method does not demand such purity. per day, the public will be protected with posal because such bags still are likely to contain residual asbestos. The Agency believes that regulations are needed for this purpose and also for the purpose-of ensuring that emissions from the cited method of cleaning bags are properly The Agency agrees with this comment, and the method has been changed to permit the use of reagent grade mercuric chloride. The comment was made that mercuric solutions should not be pre pared in plastic, containers. The Agency an ample margin of safety at the cited facility. A copy of the Agency response to this comment is available for inspec tion at the Public Information Reference Center, Room 2404 Waterside Mali, 401 M St,, Wash., D.C. 20460. The Agency controlled. Accordingly, the disposal of is in general agreement with this and knows of no sludge incineration or drying bags that have been cleaned in the man a statement to this effect has been added facility where the ambient guideline level ner described has not been exempted to Method 105. Section 4.1.1 of the of one microgram of mercury per cubic ' from the amendments promulgated method specifies that the, . . sam meter, 30-day average, will be exceeded. herein. pling devices, glassware and reagents The following comments stating that the Comments were received which stated that the proposed waste disposal provi sions would probably preclude the dis posal of waste asbestos cement pipe in commercial landfills. It is the Agency's judgment that commercial landfills which comply with the regulations will be available. Further, the pipe crushing operation that is conventionally carried out during compaction at the disposal site can alternatively be performed and controlled by gas cleaning equipment at -a stationary crus] should be ascertained free of significant proposed emission limit is too stringent amounts of mercury." A major source of or that additional studies are needed mercury contamination occurs when before promulgation were received: sample solutions and reagents come into 1. The proposed emission limit pro contact with mercury-contaminated con vides an excessive saieiv Tactor lor some tainers. A comment indicated that a spe pianc locations. cific quantity should be stated to indicate 2. The proposed emission limit should how much mercury is considered "sig be based on plant size, allowing larger nificant" The Agency believes that the emissions for larger plants. specification of an amount of mercury 3. The intent of the proposed amend contamination is inappropriate because - ment seems to be to limit the size of new such an amount would be very difficult to plants and require disposal of sludge measure. The mercury contamination of by alternative methods. containers can be reduced to an Insig 4. The regulation seems to be exces nificant amount by properly cleaning sively stringent in order to simplify the CHANCES 10 PRi :d amendments The proposed definition of "sludge dryer" has been revised to indicate more clearly that only sludge drying opera tions that are directly heated by com bustion gases are covered by the amend ment. The amendment does not apply to devices that are Indirectly heated, such as secondary mercury recovery furnaces. A comment suggested that dally sludge, such containers before use. The proposed paragraph has therefore been changed to specify that sample containers shall be properly cleaned before use by rins ing with nitric acid, followed by rinsing with distilled water. Another comment suggested that the possible interferences with the analysis of mercury in sludge should be delineated and that preventa tive measures should be given. In re sponse, two references in which such in administration of the standard for mul tiple sources. 5. There is not enough information to justify promulgating the amendment at this time; the promulgation should be delayed until further studies are made. In contrast, several comments sug gested that the proposed emission limit was too lenient. Since the emission limi tation is related to an ambient concen tration. it would be inappropriate to sampling and analysis should be required terferences are discussed have been allow higher emissions for larger plants. to reveal potential variations in mercury added to Method 105. content of the sludge. The dally averages of sludge mercury content are not ex additional comments Concerning plant location. It would be impractical to specify a different emis sion limitation for each present or future pected to vary significantly, and the Agency believes that the added cost to the owners or operators of such sources for daily sampling and analysis of sludge is not justified. Variations In mercury concentration of sludge can occur over longer periods of time, however, and a requirement has been added that all fa cilities for which emissions are in excess of 1600 grams per day as determined by the initial compliance test must monitor on a yearly basis with the sludge sam pling method. In addition, the Agency The Agency has determined that an plant location which reflected local ambient air mercury concentration of 1 meteorological conditions. Moreover, sec mlcrograun per cubic meter averaged tion 112 of the Act-provides for a na- over a 3u-aay penoa wm protect the ttonal standard, and the Administrator public health with an ample margin of has set this standard at a level which safety. The maximum allowable mer- will prevent exceeding the specified safe ctiiy emission for sludge Incineration and ambient level at all locations. The drying plants was calculated, by use of Agency determined that there is sufflmeteorological modeling techniques us -clent Information to Justify promulgat ing restrictive dispersion conditions, that ing emission regulations for sludge in would not result in this ambient concen cinerators and no data or Information tration being exceeded. The resulting were presented that would justify chang mnylmnm allowable wnbtsinn Is !1MH ing the mercury emission limit of 3200 has authority to request sludge sampling gramsof mercury per day. Numerous grams per day. and analysis, or stack sampling, and will exercise this authority whenever there are Indications that a change in mer- Comments were received thatiquestioned -A comment was made that the Impact the methodology used to calculate this. of multiple sources of mercury emis emission limitation. Several comments sions was not addressed in the derivation FEDERAL REGISTER, VOL 40, NO. 199--TUESDAY, OCTOSER 14.- 1975 HER 0000454 4S298 RULES AND REGULATIONS of the national emission standard for mercury. While the standard does not Include special provisions for multiple sources, it does provide a large safety factor at many sites and this provides a measure of protection against the mul tiple source problem. The Agency knows of no location where existing multiple sources of mercury will cause the am bient guideline level of one microgram of mercury per cubic meter, 30-day aver age, to be exceeded. The Agency must approve all new construction or modifi exceed one microgram per cubic meter. The- XgMSZV Ms "regulated au sources that may reasonably be expected to cause an ambient mercury concentra tion of as much as one microgram per cubic meter, 30-day average. However, the Agency will continue a policy of In vestigating an7 source of mercurrthat it nas reason to believe has to endanger the nubile health. Another comment stated that the Agency should give specific suggestions, or references should be provided, for dis standards for hazardous alt pollutants approved for proposal after October 14, 1974. The amendments recommended for promulgation were approved for proposal prior to this date, and an environmental Impact statement has not been prepared. The environmental impact of the stand ards has been assessed, however, and is discussed in the background informa tion document (EPA-450/2-74-009a) for thd proposed standards and in the pre amble (39 FR 38064) to the proposed standards. cation of sources regulated by the posing of mercury-containing sludges on The energy impact resulting from the mercury standard. During the review of land in a manner that would protect control of asbestos waste disposal opera such construction or modification, the water resources. The Agency's Office of tions at asbestos emission sources and at Agency will assess the Impact that the Water and Hazardous Materials Is pre waste disposal sites is expected to be in new or modified sources have on the paring technical publications on various significant since this waste is already col ambient mercury concentration. If the alternatives for the disposal of sludges, lected and deposited at waste disposal Agency discovers a situation where a and such materials should be available sites. Only a relatively small quantity of source can cause the guideline ambient In the near future. additional waste material Is generated as concentration to be exceeded, the na Several comments were made on the a result of better control of particulate tional emission standard will be reevalu mercury collection efficiency of water emissions from manufacturing and fab ated. In addition, local planning agencies scrubbers. One commentator suggested rication sources covered by the standard. have the capability to prevent multiple that the mercury collection efficiency of The major energy Impact of the amend source pollution problems through Individual water scrubbers should be as ments is that resulting from the opera proper land use planning. The Agency sumed to be zero for purposes of deter tion of fabric filtration devices at manu urges these local agencies to consider mining compliance, until positively the impact of multiple sources on such proven otherwise. Another commentator problems as mercury air pollution when stated that the proposed sludge sampling making planning decisions. method should take Into account the Comments were received that ques amount of mercury that would be col tioned whether all sludge incineration lected by a scrubber. The Agency has de and drying plants are major sources of termined that the requirements .of the mercury emissions that must demon standard are adequate. No credit for strate compliance with the standard. All mercury removed by water scrubbers is of these facilities have the potential to allowed when compliance is determined emit mercury: the amount of mercury by sludge sampling and analysis; how that is emitted depends upon the ever, if the mercury stack measurement mercury content of the sludge and the method is used to determine compliance, sludge incineration or drying rate. Ac only the amount of mercury emitted to cordingly, all such facilities must dem the outside air is measured and any mer onstrate compliance with the emission cury collection by the system Is taken limitation promulgated herein. into account. The Agency has determined A comment was received that the economic impact of the proposed amend ments on some large facilities may be large, since there may be few or no alter natives for sludge disposal. The Agency estimates that the largest mercury emis sion from an existing sludge Incinerator or dryer is approximately 500' grams per day, which Is approximately one-sixth of the maximum allowable emission. The time period over which sludge genera tion would increase in excess of six-fold that sludge sampling and analysis can be used as an alternative method to de termine maximum mercury emissions, -because It is sufficiently accurate. The method is also Inexpensive when com pared to a complete stack test The following comments were received which suggested changes to Method 105 for sludge sampling: 1. A 5 percent potassium permanganate solution Is difficult to prepare, and a saturated solution should be required. should provide sufficient lead time for 2. Potassium permanganate should be planning an economically feasible alter used to stabilize mercury solutions. nate disposal method, if it is required. 3. Hydroxylamine hydrochloride can The Agency therefore does not foresee a be used In place of the uncommon salt significant economic Impact for the near sodium chloride-hydroxylamlne sulfate future at any sludge incineration or to reduoe excess potassium permanga djying plant. nate.- facturing and fabrication plants. It is estimated that approximately 170 baghouses of 1000 acfm capacity will be re quired to comply with the amendments. The operation of these control devices will require the consumption of 2.5 mil lion kilowatt hours per year, which is equivalent to 3900 barrels per year of Number 6 fuel oil at the power generat ing station. The energy impact resulting from the NESHAPS amendment Is small and is justified by the increased control of asbestos emissions. There is no energy impact that results from the regulation of mercury emissions from sludge incinerators.and dryers. Effective upon promulgation. (See. 113 and 114 "Of the Cleon Air Aet, u amended (43 US.C. 1857o-7 and 8)) Dated: October 3,1975. John Quarles, " Acting Administrator. Part 61 of Chapter I. Title 40 of the Code of Federal Regulations Is amended as follows: 1. The table of sections Is amended as follows: . See. Subpart A--Cantral Provisions 61.17 Circumvention. [Several comments stated that other I sources such as ore' processing plants, I mercury compound manufacturing \ plants. Industrial waste Incinerators. \ coal-fired power plants, and rooms (painted with mercury-contatnjng paints (should be investigated and regulated If (necessary. The Agency previously inves tigated mercury emissions from nrmf.rrous smelting nlanta, secondary mercury production plants, coal-fired power plants, and solid waste Incineration plants, and determined that these Solutions of 5 percent potassium per manganate can be prepared at room temperature. The Agency has- no-experi ence in using potassium permanganate to stabilize mercury solutions, and has not used hydroxylamlne hydrochloride to reduce excess potassium permanga nate. The method has proved to be sat isfactory without the use of the suggested reagents. The Agency believes that the suggested changes are not necessary and the method has not been revised to ac commodate these suggestions. Subpart B--Nations! Emission Standard for Asbestos e ee e e 61.25 Waste OUpooAl sites. ae e Subpart E--NationalEmission Standard for Mercury ee e 61.04 Sludge sampling. 61.65 Emission monitoring. * e , Appendix B--Test Methods / eee*ee sources do not emit mercury In such quantities that they are likely to caiae EKVBtONKEKTAL AMD EXXtGY IMPACT Method. 105--Method for determination of Environmental Impact statements mercury in wastewater treatment the ambient mercury concentration to must accompany national emission plant sewage sludges. FEDEtAL IEGISTE*, VOL 40, NO. 199--TUESDAY, OCTOBE* 14, 1975 HER 0000455 RULES AND REGULATIONS 48299 2. The authority citation at the end tions in which load-supporting struc prohibited;- except for temporary road of the table of sections for Part 61 is tural members are wrecked or taken out ways on an area of asbestos ore deposits. revised to read as follows: are excluded. The deposition of asbestos tailings or as Attthoktt: Secs. 112 and 114 of the Clean Air Act, as amended by sec. 4(a) ot Pub. L. 91-604. 84 Stat. 1678 (42 UjS.C. 1857c-7, 1857 c-9). (n) "Planned renovation" means a renovation operation, or a number of such operations, in which the amount of friable asbestos material that will be bestos-containing waste on roadways covered with snow or ice is considered "surfacing." (c) Manufacturing: There shall be no Subpart A--General Provisions removed or stripped within a given pe vicihia pmiwinm to the outside air, ex riod of time can be predicted: Operations cept as provided in paragraph (f) of this 3. Section 61.14 Is amended by revising that are individually non-scheduled are section, from any of the following op paragraph (c) and adding paragraph included, provided a number of such op erations If they use commercial asbestos (d). The revised and added paragraphs erations can be predicted to occur during or from any building or structure In read as follows: a given period of time based on operating which such operations are conducted. 61.14 Source test and analytical meth od*. (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 Ad ministrator may require the use of the reference method or its equivalent. (d) Method 10S in Appendix B to this part is hereby approved by the Adminis trator as an alternative method for sources subject to 61.52(b). 4. A new 9 61.17 is added to subpart A as follows: 61.17 Circumvention. No. owner or operator subject to the provisions of this part shall build, erect, install, or use any article, machine, equipment, process, or method, the use of which conceals an emission which would otherwise constitute a violation of an applicable standard. Such concealment includes, but is not limited to. the useof gaseous 'dilutants to achieve compliance witn a visiDie emissions standard, and the piecemeal carrying ouc of an opera tion to avoid coverage by a standard that applies only to operations larger than a siip]ierrsilnni iljwi ' (Suubbpart B--National Emission Standard for Asbestos 5.Section 61.21 is amended by revising paragraph (j) and adding paragraphs (k>, (1), <m>, (n), (o), <p), (q), (r), (s), (t), (u), (v), and (w>. The revised and added paragraphs read as.follpws: experience. 09 (o) "Emergency renovation" means a renovation operation that results from a sudden, unexpected event, and is not a planned renovation. Operations necessi tated by non-routine failures of equip ment are included. (p) "Adequately wetted" means suf ficiently mixed or coated with water or an aqueous solution to prevent dust emissions. (q) "Removing" means taking out fri able asbestos materials used to insulate or fireproof any. pipe, duct, boiler, tank, reactor, turbine, furnace, or structural member from any building, structure, facility, or installation. (r) "Stripping" means taking off fri able asbestos materials used for insula tion or fireproofing from any pipe, duct, boiler, tank, reactor, turbine, furnace, or structural member. \ (s) "Fabricating" means any process-) ing of a manufactured product contain ing commercial asbestos, with the ex ception of processing at temporary sitesJ for the construction or restoration of buildings, structures, facilities or instal lations. (t) "Inactive waste disposal site" 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 site" means any disposal site other than an inactive site. (10) The manufacture of shotgun shells. (11) The manufacture of asphalt con crete. (d) Demolition and renovation: The requirements of this paragraph shall apply to any owner or operator of a demolition or renovation operation who intends to demolish any institutional, commercial, or Industrial building (in cluding apartment buildings having more than four dwelling units), structure, facility, installation, or portion thereof which contains any pipe, duct, boiler, tank, reactor, turbine, furnace, or struc tural member that is insulated or fire proofed with friable asbestos material, except as provided in paragraph (d) (1) of this section: or who intends to reno vate any institutional, commercial, or In dustrial building, structure, facility, in stallation, or portion thereof where 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 15 square meters (ca. 160 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. (lHi) 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 less than 80 (v) "Roadways" means surfaces on meters (ca. 260 feet) used to insulate which motor vehicles travel Including, pipes, and less than 15 square meters (ca. but not.limited to, highways, roads, 160 square feet) used to insulate or fire streets, parking areas, and driveways. proof any duct, boiler, tankk reactor, tur (w) "Asbestos-containing waste mate bine, furnace, or structural member, and 61.21 Definitions. rial" means any waste which contains (2) the notification requirements of par commercial asbestos and Is generated by agraph (d) (1) (U) are met *1 a source subject to the provisions of this (ID Written notification shall be post (j) `Demolition" means the wrecking subpart, including asbestos mill tailings, marked or delivered to the Administrator or taking out of any load-supporting control device asbestos waste, friable as at least 20 days prior to commencement structural member and any related re bestos waste material, and bags or con of demolition and shall include the in moving or stripping of .friable asbestos tainers that previously contained com- materials. unercisd asbestos. formation required by paragraph (d) (2) of this section, with the exception of the (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 i powder, when dry, by hand pressure. (l) "Control device asbestos waste" means any asbestos-containing waste material that is collected in a pollution control device. 6. Section 61.22 is amended by amend information required by paragraphs (d> ing paragraphs (c) and (e), revising (2) (ill), (vi), (vU), (viil), and (lx), and paragraphs (b), (d), (f), and (g) and shall state the measured or estimated adding paragraphs <h), (i), (j), (k), and amount of friable asbestos material used (1). The revised and added paragraphs for insulation and fireproofing which is read as follows: present. Techniques of estimation shall 61.22 Emission standard. - be explained. (2) Written notice of intention to de * * molish or renovate shall be provided to fm) "Renovation'.' means the remov (b) Roadways: The surfacing of road the Administrator by the owneror opera ing or stripping of friable asbestos mate ways with asbestos tailings or with as tor of the demolition or renovation oper rial used to insulate or fireproof any bestos-containing waste that is gener ation. Such notice shall be postmarked pipe, duct, boiler, tank, reactor, turbine, ated by any source subject to paragraphs or delivered to the Administrator at least furnace, or structural member. Opera (c), (d), (e) or (h) of this section is 10 days prior to commencement of demo- FEDERAL REGISTER, VOL 40, NO. )99--TUESDAY, OCTOIER 14, 1975' HER 0000456 48300 RULES AND REGULATIONS lition, or as early as possible prior to wrecking or dismantling of any other members shall, to the maximum extent commencement of emergency demolition portion of such building, structure, possible, be removed ad units or In sec subject to paragraph, (d) (6) of this sec facility, or Installation that would pre tions prior to wrecking. In no case shall tion, and as early as possible prior to clude access to such, materials for sub the requirements of paragraphs (d) (4) commencement of renovation. Such no sequent removal. Removal of friable (iv) or (d) (4) (v) be suspended due to tice shall Include the following Informa asbestos materials used for Insulation freezing temperatures. tion: or fireproofing of any pipe, duct, or (vil) For renovation operations, local (I) Name of owner or operator. structural member which are encased In exhaust ventilation and collection sys (II) Address of owner or operator. concrete or other similar structural ma tems may be used, instead of wetting as (III) Description of the building, struc terial is not required prior to demoli specified in paragraph (d) (4) (il), to pre ture, facility, or Installation to be de tion, but such material shall be ade vent emissions of particulate asbestos molished or renovated. Including the quately wetted whenever exposed dur material to outside air when damage to size, age, and prior use of the structure, ing demolition.. equipment resulting from the wetting and the approximate amount of friable (II) Friable asbestos materials used would be unavoidable. Upon request and asbestos material used for insulation and to insulate or fireproof pipes, ducts, supply of adequate Information, the Ad fireproofing. boilers, tanks, reactors, turbines, fur ministrator will determine whether dam (lv) Address or location of the build naces, or structural members shall be age to equipment resulting from wetting ing, structure, facility, or Installation. adequately wetted during stripping, ex to comply with the provisions of this par (v) Scheduled starting and comple cept as provided In paragfaphs (d)(4) agraph would be unavoidable. Such local tion dates of demolition or renovation. (iv). (d) (4) (vl) or (d> (4) (vli) of this exhaust ventilation systems shall be de <vt> Nature of planned demolition or section. signed and operated to capture the asbes renovation and method(s) to be em (III) Pipes, ducts, boilers, tanks, re tos particulate matter produced by the ployed. actors, turbines, furnaces, or structural stripping and removal of friable asbestos (vil) Procedures to be employed to members that are insulated or fire material. There shall be no visible emis meet the requirements of this paragraph proofed with friable asbestos materials sions to the outside air from such local and paragraph (]) of this section. may be taken out of any building, struc exhaust ventilation and collection sys (viU) The name .and address or loca ture, facility, or installation subject to tems, except as provided In paragraph tion of the waste disposal site where the this paragraph as units or in sections (f) of this section. friable asbestos waste will be deposited. provided the friable asbestos materials (5) Sources subject to this paragraph (lx) Name, title, and authority of the exposed during cutting or disjointing are are exempt from the requirements of State or local governmental representa adequately wetted during the cutting 61.05(a),61.07,and 61.09. tive who has ordered a demolition which or disjointing operation. Such units t6) The demolition of a building, struc Is subject to paragraph (d)(6) of this shall not be dropped or thrown to the ture. facility, or installation, pursuant to section. ground, but shall be carefully lowered an order of an authorized representative (3)(i) For purposes of determining to ground level. of a State or local governmental agency, whether a planned renovating operation (lv) The stripping of friable asbestos issued because that building Is.structur constitutes a renovation within the materials used to insulate or fireproof ally unsound and in danger of imminent meaning of this paragraph, the amount any pipe, duct, boiler, tank, reactor, tur collapse Is exempt from all but the fol of friable asbestos material to be re bine. furnace, or structural member that lowing requirements of paragraph <d) of moved or stripped shall be: has been removed as a unit or In sections this section: (A) For planned renovating opera as provided In paragraph (d> (4) (111) of (1) The notification requirements spec tions Involving Individually non-sched- this section shall be performed In ac ified by paragraph (d) (2) of this section: uled operations, the additive amount of cordance with paragraph (d) (4) (11) of (II) The requirements on stripping of friable asbestos material that can be pre this section. Rather than comply with .friable asbestos materials from previously dicted will be removed or stripped at a the wetting requirement, a local exhaust removed units or sections as specified in source over the maximum period of time ventilation and collection system may paragraph (d)(4)(iv) of thfs section; for which a prediction can be made. The be used to prevent emissions to the out (III) The wetting, as specified by para period shall be not less than 30 days and side air. Such local exhaust ventilation graph (d> (4) (v) of this section, of fri not longer than one year. systems shall be designed and operated able asbestos materials that have been (B) For each planned renovating op to capture the asbestos particulate mat removed or stripped: eration not covered by paragraph (d) (3) ter produced by the stripping of friable (iv) The portion of the structure being (1) (A), the total amount of friable as- asbestos material. There shall be no demolished that contains friable asbes bestoe material that can be predicted visible emissions to the outside air from tos materials shall be adequately wetted will be removed or stripped at a source. such local exhaust ventilation and col during the wrecking operation. (11) For purposes of determining lection systems except as provided In (e) V * whether an emergency renovating op paragraph (f) of this section. (2) Any owner or operator who In eration constitutes a renovation within (v) All friable asbestos materials that tends to spray asbestos materials which the meaning of this paragraph, the have been removed or stripped shall be contain more than 1 percent asbestos on amount of friable asbestos material to adequately wetted to ensure that such a dry weight basis to Insulate or fireproof be removed or stripped shall be the total materials remain wet during all remain equipment and machinery shall report . amount of friable asbestos material that ing stages of demolition or renovation such Intention to the Administrator at will be removed or stripped as a result and related handling operations. Such least 20 days prior to the commencement of the sudden, unexpected event that materials shall not be dropped or thrown of the spraying operation. Such report necessitated the renovation. (4) The following procedures shall be to the ground or a lower floor. Such ma terials that have been removed Or shallInclude the following Information: used to prevent emissions of particulate stripped more than SO feet above (f) Rather than meet the no-vlslble- asbestos material to outside air: ground level, except those materials re emlsslon requirements as specified by (i) Friable asbestos materials, used moved as units or in sections, shall be paragraphs ia>. ic). td), (e), (h), (J), to Insulate or fireproof any pipe, duct, transported to the ground via dust-tight and (k) of this section, an owner or op* boiler, tank, reactor, turbine, furnace, 'chutes or containers. erattfr may elect to use the'metllbds spec-- or structural member, shall be removed (vl) Except as specified below, the wet Ihed py t 61.23 to 61eari~emi<isinn.1: cnn- from any building, structure, facility or ting requirements of this paragraph are tauulig particulate asbestos makrinl bp. Installation subject to this paragraph. suspended when the temperature at the foire sucn emissions escape to, or arc Such removal shall occur before wreck point of wetting Is below 0"C (32*F). vented to, the outside air. ing or dismantling of any portion of When friable asbestos materials are not (g) Where the presence of uncomblned such building, structure, facility, or In wetted due to freezing temperatures, such water Is the sole reason for failure to stallation that would break up the fri materials on pipes, ducts, boilers, tanks, meet the no-vislble-emlsslon require able asbestos materials and before reactors, turbines, furnaces, or structural ment of paragraphs (a), (c). (d), (e). * FEDElAl VOL 40, NO. 199--TUESDAY, 14, 1973 HeR OOOO457 RULES AND REGULATIONS 4S301 Ch), (j). or (k) of this section^such fatl- .chalL be labeled with a' warning label temperature at the waste disposal site is ure shall not be a violation of such emis IHat states: less than --9.5'C (ca. 15F). The ambient sion requirements. Caution air temperature shall be determined by (h) Fabricating: There shall, be 'no Contains Asbestos an appropriate measurement method visible emissions to af*. ex Avoid Opening or Breaking Container with an accuracy of l'C (i2'F) and cept as provided In paragraph (f) of this Breathing Asbestos is Hazardous recorded at least at hourly intervals dur section, irom any oi the following op to Your Health ing the period that the operation of the erations If they use commercial asbestos or from any building or structure In Alternatively, warning labels specified hy Occupational Rater-v and Health wetting system is suspended. Records oi such temperature measurements shall be which such operations are conducted. (1) The fabrication of cement building products. (2) The fabrication of friction prod ucts, except those operations that pri marily install asbestos friction materials Standards of the Department of Labor, Occupational Safety and Health Admin istration (OSHAV under 23 CFR 1910.- 93a(g) (2) (il) may be used. <ii) Processing oi asbestos-containing waste material into non-friable forms: retained at the source for a minimum of two years and made available for inspec tion by the Administrator. (1) The owner of any inactive waste disposal site, which was operated by sources covered under I 61.22 (a). (c) or on motor vehicles. (3) The fabrication of cement or sili cate board for ventilation hoods; ovens; electrical panels; laboratory furniture; (A) All asbestos-containing waste ' material shall be formed into non-friable pellets or other shapes and deposited at waste disposal sites which are operated (h) and where asbestos-containing waste material produced by such sources was deposited, shall meet the following standards: bulkheads, partitions and ceilings for in accordance with the provisions of (1) There shall be no visible emissions marine construction; and flow control devices for the molten metal industry. 5 61J25. (B) There shall be no visible emis to the outside air from an inactive waste disposal site subject to this paragraph, (1) Insulating; Molded insulating ma- . sions to the outside air from the collec except as provided in paragraph (1) (5) terials which are friable and wet-applied tion and processing of asbestos- of this section. Insulating materials which are friable containing waste material, except as (2) Warning signs shall be displayed after drying, installed after the effective specified in paragraph (f) of this section. at all entrances, and along the property date of these regulations, shall contain (4) For the purposes of this para line of the site or along the perimeter of no commercial asbestos. The provisions graph (j), the term all asbestos-con the sections of the site where asbestos- of this paragraph do not apply to insu taining waste material as applied to containing waste material was deposited, lating materials which are spray applied; demolition and renovation operations at intervals of 100 m (ca. 330 ft) or less, such materials are regulated under covered by paragraph (d> of this sec except as specified in paragraph (1) (4) 5 61.22(e). ` (j) Waste disposal for manufacturing. tion includes only friable asbestos waste and control device asbestos waste. of this section. Signs shall be posted in such a manner and location that a person fabricating, demolition, renovation fend Spraying operations: The owner or op erator of any source covered under the provisions of paragraphs (c>, <d>, (e), or <h) of this section shall meet the fol lowing standards: (1) There shall be no visible emissions to the outside air, exCSpt Ui pruvlileil in paragraph (j)(3> of this section, dur ing the collection; processing, including incineration; packaging; transporting; (k) Waste disposal for asbestos mills: The owner or operator of any source covered under the provisions of para graph (a) of this section shall meet the following standard: (1) There shall be no visible emis sions to the outside air, except as pro vided In paragraph (k) (3) of this section, during the collection, processing, pack aging, transporting or -deposition of any asbestos-containing waste mate may easily read the legend. The warning signs required by.this paragraph shall conform to the requirements of 20" x 14" upright format signs specified in 29 CFR 1910.145(d)(4) and this paragraph. The signs shall display the following legend in the lower panel, with letter sizes and styles of a visibility at least equal to those specified in this paragraph. LEGEND or deposition of any asbestos-containing waste material which is generated by rial which is generated by such source. (2) All asbestos-containing waste ma such source. (2) All asbestos-containing waste ma terial shall be ~ deposited at waste disposal sites which are operated In ac terial shall be deposited -at waste' dts- cordance with the provisions of 5 61.25. Asbestos Waste Disposal site Do Not Create Dust Breathing Asbestos la Hazardous to Your Health posal sites which are operated in accord (3) Rather than meet the requirement Notation ance with the provisions of 8 61.25. of paragraph (k) (I) of this section, an (3>~kather than meet the requirement owner or operator may elect to meet of paragraph (j) (1) of this section, an the .following requirements in para 1" Bans Serif, Gothic or Block % " Sans Serif. Gothic or Block owner or operator may elect to use graphs (k)(3> (1) -and (li), or use an . 14 Point Gothic either of the disposal methods specified under (j) (3) (i) and (11) of this section, or an alternative disposal method which has received prior approval by the Ad ministrator: (i) Treatment of asbesb^-cnnitinW waste material wtcn water: iA) COIltl'&l device asbestos waste shall be thorouemy mixed with water ino_a alternative disposal method which has received prior approval by the Admin istrator: (i) There shall be no visible emissions to the outside air from the transfer of control device asbestos waste. to the tailings conveyor, except as provided in paragraph (f) of this section. Such waste shall be subsequently processed either Spacing between lines shall be at least equal to the height of the upper of the two lines. (3) The perimeter of the site shall be fenced In a manner adequate to deter access by the general public, except as specified In paragraph (19 (4) of this section. slurry and other asbestos-containing as specified in paragraph (k) (3) (il) of (4) Warning signs and fencing are not tvaste material shall be adequately this section or as specified in paragraph required where the requirements of wetted. There shall be no visible emis (j) (3) of this section. paragraphs (1) (5) (i) or (il) of this sec sions to the outside air from the collec tion, mixing and wetting operations, ex cept as provided in paragraph (f) of this section. (B) After wetting, all asbestos-con taining waste material shall be sealed into leak-tignt containers while wet, and (il) All asbestos-containing waste material shall be adequately mixed, with a wetting agent recommended by the manufacturer of the agent to effectively wet dust and tailings, prior to deposition at a waste disposal site. Such agent shall be used as recommended for the partic tion are met, or where a natural barrier 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 barrier adequately deters ac cess to the general public. . sucn containers shall be deposited at ular dust by the manufacturer of the (5) Rather than meet the requirement waste disposal sites which are operated agent. There shall be no discharge of of paragraph (1) (1) of this section, an in accordance with the provisions of visible emissions to the outside air from owner may elect to meet the require 5 61.25. the wetting operation except as specified ments of this paragraph or may use an (C) The containers specified under in paragraph (f) of this section. Wetting alternative control method for emissions paragraph (j) (3) (i) (B) of this section may be suspended when the ambient from Inactive waste disposal sites which FEDERAL REGISTER, VOL 40, NO. 199--TUESDAY, OCTOIER 14, 1975 HER 0000458 4S302 RULES AND REGULATIONS has received prior approval by the disposal site where asbestos-containing Administrator. waste material has been deposited, except U) The asbestos-containing waste as provided in paragraph (e) of this material shall be covered with at least section. 15 centimeters (ca. 6 Inches) of com (b) Warning signs shall be displayed and controls wind erosion. Such agent shall be used as recommended for the particular dust by the dust suppression agent manufacturer. Other equally ef fective dust 'suppression agents may be pacted non-asbestos-containing mate at all entrances, ana along the property used upon prior approval by the Admin rial. and a cover of vegetation shall be line of the site or along the perimeter of istrator. For purposes of this paragraph, grown and maintained on the area ade the sections of the site where asbestos- waste crankcase oil is not considered a quate to prevent exposure of the asbes containing waste material is deposited, dust suppression - tos-containing waste material; or (Li) The asbestos-containing waste material shall be covered with at least 60 centimeters (ca. 2 feet) of compacted non-asbestos-containing material and at intervals of 100 m (ca. 330 ft) or less except as specified in paragraph (d) of this section. Signs shall be posted In such a manner and location that a person may easily read the legend. The warning /Subpart E--National Emission Standard j V for Men-iTy -*** 10. Section 61.50 is revised to read as ' follows: maintained to prevent exposure of the asbestos-containing waste; or (ill) 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 =haii be applied. Such agent shall . be used as recommended for the partic ular asbestos tailings by the dust sup signs required by this paragraph shall conform to the requirements of 20" x 14" upright format signs specified in 29 CFR 1910.145(d) (4) and this paragraph. The signs shall display the following legend In the lower panel, with letter sizes and styles of a visibility at least equal to those specified in this paragraph. trams 61.50 Applicability. The provisions of this subpart are ap plicable to those stationary sources which process mercury ore to recCVW merenry. use mercury cwor-alkall cells to produce chlorine gas and alkali metal hydroxide, and Incinerate or dry wastewater treat ment right sludge. pression agent manufacturer. Other equally effective dust suppression agents / Asimos Wixrx Disposal Sits 11. Section 61.51 is amended by adding paragraphs (1) and (m) as follows: may be used upon prior approval by the Administrator. For purposes of this para graph, waste crankcase oil is not con Do Not Crtsto Dust Brssthlng Asbestos is Hazardous to Tour Health 61.51 Definitions. sidered a dust suppression agent. 7. The first sentence in i 61.23 is re vised as follows: 61.23 Air-Cleaning. If air-cleaning is elected, as permitted by 55 61.22(f) and 61.22(d) (4) (iv), the requirements of this section must be met. ** 8. The first sentence in 5 61.24 is re vised and redesignated as paragraph (e) and new paragraphs (c> and (d) are added as follows: g 61.24 Reporting. * Notation 1" Sant Serif, Gothic or Block *4" Sans Serif. Gothic or Block 14 Point Gothic v 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 (l) ``Sludge" means sludge produced by a treatment plant that processes munici pal or industrial waste waters. (m) "Sludge dryer" means .a device used to reduce the moisture content of sludge by heating to temperatures above 65*C (ca. 150*F) directly with combus tion gases. 12. Section 61.52 is revised to read as follows: 61.52 Emission standard. (a) Emissions to the atmosphere from mercury ore processing facilities and mercury cell chlor-alkali plants shall not exceed 2300 grams of mercury per 24- (c) For sources subject to 55 61.22(j) paragraph (e)(1) of this section are hour period. and 61.22 Uc): met, or where a natural barrier adc- (b) Emissions to the atmosphere from (1) A brief description of each process nuatelv`~BgCers access to the general sludge incineration plants, sludge drying that generates asbestos-containing waste public, upon request and supply of ap plants, or a combination of these that material. propriate Information, the Administra process wastewater treatment plant (2) The average weight of asbestos- tor will determine whether a fence or a sludges shall-not exceed 3200 grams of containing waste material disposed of, natural barrier adequately deters access mercury per 24-hour period. measured in kg/day. (3) The emission control methods used in all stages of waste disposal. ' to the general public. (e) Rather than meet the require ment of paragraph (a) of this section, an 13. Section 61.53 is amended by adding .paragraph (d) as follows: (4) The type of disposal site or incin owner or operator may elect to meet 61.53 Stack sampling. eration site used for ultimate disposal, the requirements of paragraph (e) (1) or the name of the site operator, and the name and location of the disposal site. (d) For sources subject to 5 61.22(1): (1)A brief description of the site. . (2) The method or methods used to (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. (d) Sludge Incineration and drying plants. (1) Unless a waiver of emission testing is obtained under 5 61.13, each owner or operator of a source subject to the stand comply with the standard, or alternative' (1) At the end of each operating day. ard in 5 61.52(b) shall test emissions from procedures to be used. or at least once every 24-hour period that source. Such tests shall be conducted (e) Such Information shall accom while the site is in continuous operation, in accordance with the procedures .set pany the information required by 5 61.10. the asbestos-containing waste material forth either in paragraph (d> of this The information described in this section which was deposited at the site during section or in 5 61.54. shall be reported using the format of the operating day or previous 24-hour (2) Method 101 in Appendix B to this Appendix A of this part. period shall be covered with at least 15 part shall be used to test emissions as 9. A new section 61.25 is added to subnaj-t B as follows: centimeters (ca. 6 Incncs) ot compacted non-asoestos-containing material. follows: (1) The test shall be performed within ^61.25 Waste disposal silwT) (2) At the end of each operating day, 90 days of the effective date of these or at least once every 24-hnur period regulations in the case of an existing m oraer to pe an acceptable site for while the disposal site is In continuous source or a- new source which has an . disposal of asbestos-containing waste operation, the asbestos-containing waste initial startup date preceding the effec material under 5 '602 U) and ~Ui) 7~5h material which was deposited at the site tive date. active waste disposal site snail meet the during the operating day or previous 24- (ii) The test shall be performed within reiiUl.eniuiLi uf Uils seitlunr hour period shall be covered with a res 90 days of startup in the case of a new (a) There shall be no visible emissions inous or petroleum-based dust suppres source which did not have an initial to the outside air frofiTKTiyUeilVt! Vr'U!>r5 sion agent which effectively binds dust startup date preceding the effective date.- FEDERAL REGISTER, VOL 40, NO. J 99--TUESDAY, OCTOBER 14, T97S HER 0000459 RULES AND REGULATIONS 48303 ' I (.3) The Administrator shall be noti (2) The maximum 24-hour period fied at least 30 days prior to an emission sludge incineration or drying rate shall test, so that he may at his option observe be determined by use of a flow rate meas the test. urement device that can measure the (4) Samples shall be taken over such mass rate of sludge charged to the in a period or periods as are necessary to cinerator or dryer with an accuracy of determine accurately the maximum --5 percent over Its operating range. emissions which will occur in a 24-hour Other methods of measuring sludge mass period. No changes shall be made in the charging rates may be used if they have operation which would potentially in received prior approval by the Adminis crease emissions above the level deter trator. mined by the most recent stack test, un (3) The handling, preparation, and til the new emission level has been esti analysis of sludge samples shall be ac mated by calculation and the results re complished according to Method 105 in ported to the Administrator. Appendix B of this part, (5) All samples shall be analyzed, and (d>' The mercury emissions shall be mercury emissions shall be determined determined by use of the following within. 30 days alter the stack test. Each equation: determination shall be reported to the --1 x 10-* cQ Administrator by a registered letter dls- where patched before the close of the next busi ness day following such determination. (6) Becords of emission test results Mereury emissions, g/day. e --Mercury concentration of sludge on a dry soUds basis, sg/g (ppm). Q --Sludge charging rate, kg/day. and other data needed to determine total emissions shall be retained at the source (e) No changes in the operation of a and shall be made available, for inspec plant shall be made after a sludge test tion by the Administrator, for a. mini has been conducted which would poten mum of 2 years. . tially Increase emissions above the level (f) All sludge samples shall be ana lyzed for mercury content within 30 days after the sludge sample is collected. Each determination shall be reported to the Administrator by a registered letter dis patched before the close of the next busi ness day following such determination. (g) Becords of sludge sampling, charg ing rate determination and other data needed to determine mercury content, of wastewater treatment plant sludges shall be retained at the source and made available, for inspection by the Admin istrator, for a minimum of 2 years. 61.53 Emission monitoring. I, (a) Wastewater treatment plant sludge incineration and drying plants. All such sources for which mercury emissions ex ceed 1600 g/day, demonstrated either by stack sampling according to } 61.53 or sludge sampling according to i 61.54, shall monitor mercury emissions at inter vals ot at least once per year by use of Method 105 of Appendix B, or the proce dures specified in i 61.54(c) and (d>. The results ot monitoring shall be reported and retained according to 3 61.53(d) (5) ' 14. Sections 61.54 and 61.55 are added determined by the most recent sludge and (6)-, or 3 61.54(f) and (g). j as follows: test, until the new emission level has 15. Appendix A is revised to a new re 61.34 Sludge sampling. (a) As an alternative means for been estimated by calculation and the results reported to the Administrator. porting format, and sections (I) (C) and (I) (D) are added as follows: demonstrating compliance with 561.52 (b) , an owner or operator may use APPENDIX A Method 105 of Appendix B and the proce dures specified in this section. (1) A sludge test shall be conducted within 90 days of the effective date of National Emission Standards for Hazardous Air Pollutants Compliance Status Information these regulations In the case of an exist ing source or a new source which has an initial startup date preceding the effec tive date; or 1, SOURCE REPORT (2) A sludge test shall be conducted within 90 days of startup in the case of a new source which did not have an Initial startup date preceding the effective date. (b) The Administrator shall be notified at least 30 days prior to a sludge sampling test, so that he may at his option observe the test. - (c) Sludge shall be sampled according INSTRUCTIONS: Owners or operators of.sources Of hazardous pollutants subject to the National Emission Standard* for Hazardous Air Pollutants are required to submit the Information contained In Section I to tht appropriate U.S. Environmental Protection Agency Regional Office prior to 90 days after the effective date of any standards or satnd' meats which require the submission of such Information. . - to paragraph (c)(1) of this section, sludge charging rate for the plant shall be determined according to paragraph ' (c) (2) of this section, and the sludge analysis shall be-performed according to paragraph (c) (3) of this section. A list of regional offices is provided in 161.04. ____________________________ A, SOURCE INFORMATION 'l. Identifieition/Location - Indicate the name end address of etch source. 12 34 5_____8 ' ?13 000 00 1 (1) The sludge shall be sampled after dewatering and before Incineration or drying, at a location that provides a representative sample of the sludge that is charged to the incinerator or dryer. Eight consecutive grab samples shall be obtained at intervals of between 45 and 60 minutes and thoroughly mixed Into one sample. Each of the eight grab sam ples shall have a volume of at least 200 ml but not more than 400 ml. A total of three composite samples shall be ob tained within an operating period of 24 hours. When the 24-hour operating pe riod is not continuous, the total sam Region State County Source humbar IT 16 11 ib TT 2<L____22 AQC& i 21____ 26 _________________________________________ , City Code 2) Source Name 46 Dup 1-16 TT 47 Street Address (Location of Plant) 6$ SC - 215 City llama 34 _ .State 33------ 39 45 State Aegis. Number T4 ' KEoi Yftef, 8 77 79 no w m sim~ ot 64 65 pling period shall not exceed 72 hours after the first grab sample is obtained. Samples shall not be exposed to any con Dup 1-18 T7 OT OT OT 30 31 49 dition that may result In mercury con tamination or loss. 2. Contact - Indicate the name and telephone number of the owner or operator .. or ether responsible official hbca EPA may contact concerning this report. FEDERAL REGISTER, VOL 40, NO. 199--TUESDAY, OCTOE 14, 1975 HER 0000460 48304 RULES AND REGULATIONS fiir.e Area Cods '* sr 3. Source Description - Briefly state the nature of the source (e.g.i 'ChloralKaii Plant" or "Machine Shop"). Cup 1-18 4 2 15--70 2T __________ *_________________ . Description ST Continued 4. Alternative Hailina Address - Indicate an alternative mailing address if correspondence Is to he directed to a location different than that specified above. Cup 1-18 43 IS 26 21 . Numoer Street or tox Nutter To 80 7S State 41 2ijT"T4 SC ' 5. CoibpHante Status - The emissions from this source can cannot Beet ' the emission limitations contained in the National Emissionstandards on or prior to 90 days after the effective date of any standards or amendments which require the subalsslon of such information. Signature of Owner. Operator or Other Responsible official note; If the emissions from the source will exceed those limits set ty the national trnl?sion Standards for Hazardous Air Pollutants, the source will he in violation and subject to Federal enforcement actions unless granted a waiver of compliance by the Administrator of the U.S. Environmental Protection Agency. The information needed for such waivers Is listed in Section II of this font. B. PROCESS INFORMATION. Part B should be completed separately for each point of emission tor each hazardous pollutant. [Sources subject to 61.22(1} Bay omit, number 4. below.] Oup 1-13 _____ Uo Uo 95 1? T6 17 Ta T? 27 Tic 77 27 79 37 3T NEDS X Ref IS SIP V. FEDERAL REGISTER, VOL 40, NO. 199--TUESDAY, OCTOBER 14, 1975 HER 0000461 RULES AND REGULATIONS 1. Pollutant Emitted - Indicate the type-of hazardous pollutant emitted by the process. Indicate "AB" for asbestos, "BE* for beryllium, or "HS" for mercury. 32 33 Pollutant ZT~ Regulation ------------- 48 W EC 2. Process Description - provide a brief description of each process (e.a., hydrogen ena box" in a mercury chlor-alkall plant, "grinding machine* In a beryllium machine shop). Use additional sheets if necessary. 50 process Description Dup 1-18 6 1 15 10 Z1 74 S3 55 51 Dup 1-18 62 15 2T0 Zl 79 BO , 50 51 75 W 3. Amount of Pollutant - Indicate the average weight of the hazardous material named in Item 1 which enters the process in pounds per month (based on the previous twelve months of operation). lbs./mo. 21 Z7- 25-- --36 m 4, Control Devices ' . al indicate the type of pollution control devices. If any, used to reduce the emissions from the process (e.g., venturi scrubber, baghouse, wet cyclone) and the estimated percent of the-pollutant which the device removes from the process gas stream. Dup 1-18 6 4 15" 30 21 PRIMARY CONTROL DEVICE: * 42 4i primary Device Marne 66 70 64 Percent Removal' 72 79 4S305 KDEXAl REGISTER VOL 40, NO. 19P--TUiSOAY, 0CT01ER 14, 1975 HER 0000462 RULES AND REGULATIONS Duo 1-13 6 5 19 20 21 SECONDARY rn-l-on. DEVICES: 45 47 secondary device S EFFIC. 64 66 1U 72 79 60 Percent Removal Efficiency b. Asbestos Emission Control Devices Only 1. If e baghouse is specified in Item 4a, give the following Information: The air flow permeability-in cubic feet per minute per square foot of fabric area. Air flow permeability cfm/ft^ The pressure droo in inches water sauge acrqss the filter at which the bashcuse is operated. Operating pressure drop inches w.g. If the baghouse material contains synthetic fill yarn, pheck whether this material is / y spun / / or r.ot spun. . If the baghouse utilizes a felted fabric, give the minimum thickness in ir.cr.es and the density in ounces per square yard. Thickness *inches ' Density oz/yd _ 2 ii. If a wet collection device is specified in Item 4a, giite the designed unit contacting energy in inches wa.ter gauge. Unit contacting energy Inches w.g. C. DISPOSAL OF ASBESTOS-CONTAIsriS WASTES. Part C should be completed separately for each asbestos-containing waste generation operation arising from sources subject to 161.22(a), (c), (e), and (h). Dup 1-13 00 5 1?-------T6 17--TS T? 23------ see 27 28 29 28 3T HEOS X Ref CS SIP AB 3F^3 34 Pollutant Regulation 48 EC FEDERAL REGISTER, VOL 40, NO. 199--TUESDAY, OCTOIER 14, 1973 RULES and REGULATIONS 1. Waste Generation - Provide a brief description of each process that generates asoestos-contalnlng waste (e.g. disposal of control device wastes). 50 Process Description 73 ssr 2. Asbestos Concentration - Indicate the average percentage asbestos content or these materials^ s sir m ASBESTOS COHCEHTRATIQH: 43--------38 3. Amount of Wastes - Indicate the average weight of asbestos-containing wastes disposed of, measured In kg/day. r 4. Control Methods - Indicate the emission control methods used In all stages or waste disposal, from collection, processing, and packaging to transporting and deposition. Dup 1-18 6 3 Primary Control Method 13 70 21--------------- ----------------------------- ?3 43---------------------------------------- :----------------------------------------- 73 m 48307 5; Waste Disposal - Indicate the type of disposal site (sanitary landfill, open, covered) or Incineration site (municipal, private) where the waste Is disposed of and who operates the site (company, private, -municipal). State the name and location of the site (closest city or town, county, state). Oup 1-18 6 5 13 20 2T TYPE OP SITE; 73 37 5T 79 ' 37 FEDERAL REGISTER VOU 40, NO. 199--TUESDAY, OCTOIE* 14, 1975 HER 0000464 48308 RULES AND REGULATIONS Dud 1-18 S 6 15--ZO OPERATOR: 21Z9 31 51------------------------------------------------------------------ 75 Dud 1-18 6 7 15--Zb LOCATIONr21------------------ Z9 31 : _______ ab XT To 7T 79 'Sir D. WASTE DISPOSAL SITES. Part D should be completed separately for each asbestos 'waste disposal site subject'to section 61.22(1). Dud 1-13 00 5 IS-------n> -17--15 TT 25----------5CC-----------77 2S-79 37 3T NEDS X Ref CS SIP A B ___________________________ 33 "73 31 Regulation 18 Pollutant 15" EC 53 1 WASTE DISPOSAL SITE - ft 57 1. Description - Provide a brief description of the site, Including its size and configuration, and the dfstance to the closest city or town, closest residence) and closest primary road. Dud 1-18 61 15 Zb 21 SITE DESCRIPTION : 77 35 5b ST 79- X7 Dup 1-18 6 2 DISTANCE: TOWN: 15 Zb 21 ; 79 33-------------- 74 37 KH 40 47 73 RESIDENCE: 45 54 57 'K H ROAD: 70 62 53 65----------------- 79 7T 75 XM 77--78 57 FEDERAL REGISTER, VOL 40, NO. 19*--TUESDAY-, OCTOIER 14, 197S HER 0000465 RULES AND REGULATIONS Inactivation . ift.r the site is inactivated, indicate the method, or methods used to cotroly with the standard and send a- list of the actions that will be undertaken to maintain the inactivated site. Dup 1-18 6 8 ___ ________ HETHSo/T^ffife SITE: 1?--70 21 K ST 7r OT II. WAIVER REQUESTS A. WAIVER OF COMPLIANCE. Owners or. operators of sources unable to operate in compliance witn tne National Emission Standards for Hazardous Air Pollutants prior to 90 days after the effective date of any standards or amendments which require the submission of such Information may request a waiver of compliance from the Administrator of the U.S. Environmental Protection Agency for the tine period necessary to install appropriate-control devices or make aiodiffeations to achieve compliance. The Administrator may grant a waiver of compliance with the standard for a-ptriod not exceeding two years from the effective date of the hazardous pollutant standards, if he finds that such period is necessary for the installation of controls and that steps will be taken during the period of the waiver to assure that the health of persons will be protected from imminent endangerment. The report Information provided in Section 1 must accompany this application. Applications should be sent to the appropriate EPA regional office. 1. Processes Involved - Indicate the process or processes emitting hazardous pollutants to whtch emission controls are to be applied. 2. Controls a. Describe the proposed type of control device to be added or modification to be made to the process to reduce the emissions of hazardous pollutants to an acceptable level. (Use additional sheets if necessary.) b. Describe the measures that will be taken during the waiver period to assure that the health of persons will be protected from imsinent endangerment. (Use additional sheets If necessary.) 3. Increments of Progress - Specify the dates by which the following increments of progress will be met. Date by which contracts for emission control systems or process ' modifications will be awarded; or date by which-orders will be Issued for the purchase of the component parts to accomplish emission control or process modification. 1S309 I 1 i _| , FEDERAL REGISTER, VOL 40, NO. 199--TUESDAY, OCTOBER 14, 1975 I HER 0000466 48310 RULES AND REGULATIONS bled as shown In Figure 105-1. In place of the Dup 1-16 l7 1-*zt-9 STT4 J5-- 5D fl--ffibrTrK ?6 SIT magnesium perchlorate drying tube, a small reading lamp with SOW bulb may be used to Dte of initiation of on-tit* eonttractIon or installation of. enlsslon control equipment or process change. prevent condensation of moisture Inside the cell. The lamp Is positioned so as not to Inter fere with the measurement and to shlne-au the absorption cell maintaining the air tem Dup 1-16 172 7rg 57-5-4 5j- a fi--ri/bf/TX ft SC perature about S'C above ambient. 3. Reagents. 3.1 Analysis. Date by which on-site construction or Installation of emission control equipment or process modification Is to be completed. 3.1.1 Aqua Regia--Prepare Immediately before use by carefully adding three volumes of concentrated HC1 to one volume of con centrated HNO,. Dup M6 17 3-*7*t-9 -55 5-4 5?---------------- j-0 61 HO/iV/Yft 56 ST `. 3.12 Sulfuric Acid, 0.5N--Dilute 14 0 ml of concentrated sulfuric acid to 1.0 liter. Date by which final compliance Is to be achieved. 3.12 Stannous Sulfate--Add 25 g stan nous sulfate to 250 ml of 0.5N sulfuric acid. This mixture Is a suspension and should be Dup 1-16 17-i-ZT3 5----------------- a el--rtO/BV/YR----- 55 SIT stirred continuously during use. Stannous chloride may be used In place of the stannous n. WAIVER OF EHISSION TESTS. A waiver of emission testing wy be granted to owners oFoperators ofTources of berylllun or mercury pollutants if. In the Judgment of the Administrator of the Environmental Protection Agency the emissions from the source comply with the appropriate standard or if the owners or operators of the source have requested a waiver of compliance sulfate. 3.1.4 Sodium Chloride--Hydroxylamlne Sulfate Solution--Dissolve. 12 grams of so dium chloride and 12 gTams of hydroxylamlne sulfate In distilled water and dilute to 100 ml. Hydroxylamlne hydrochloride may be or have been granted a waiver of-comp!lance. .used In place of the hydroxylamlne sulfate. This application should accompany the report Information provided In 3.1.5 Potassium Permanganate--5% solu tion. w/v. Dissolve 5 grams of potassium per Section I. manganate in 100 ml of distilled water. 1. Reason - State the reasons for requesting a waiver of emission testing. If the reason stated Is that the emissions from the source are within ' the prescribed limits, documentation of this condition must be attached. 3.1.6 Stock Mercury Solution--Dissolve 0.1354 grams of reagent grade mercuric chlo ride (Assay >95%) In 76 ml of. distilled water. Add 10 ml of concentrated nitric acid and adjust the volume to 100.0 ml. 1 ml = 1 mg Hg. 3.1.7 Working Mercury Solution--Make successive dilutions of the stock mercury solution to obtain a working standard con taining 0.1 & per ml. This working standard and the dilutions of the stock mercury solu Signet-re cf tne owner or operator tion should be prepared fresh dtlly. Acidity of 'the working standard should be main AFrzNDix B--Test Methods - . 10. Method 10$ Is added to Appendix B as follows: , . METHOD 105. METHOD FOR * DETEaMINATXON OF MESCUKT Of WASTEWATER TREATMENT PLANT SEWAGE SLUDGES 1. Principle and applicability. 1.1 Prin ciple--A weighed portion of the sewsge sludge sample Is digested in aqua regia for 2 minutes at 95*C, followed by oxidation with potassium permangauate. Mercury In the digested sample is then, measured by the conventional spectrophotometer cold vapor technique. An alternative digestion Involving the use of an autoclave is described In para graph 4.52 of this method. 1.2 Applicability--This method Is appli cable 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 02 to 5 Rg/g. The range may be extended above or below the normal range by increas ing or decreasing sample size and through In strument and recorder cpntrol. 2. Apparatus. 2.1 Analysis--The conven tional cold vapor technlquo(6) la used to analyze the sample. 2.1.1 Atomic Absorption Spectrophoto meter --Any atomic absorption unit having an open sample presentation area In which to mount the absorption cell Is suitable. In strument settings recommended by the par ticular manufacturer should be followed. 2.1.2 Mercury Hollow Cathode Lamp-- Westlnghouse WL-22647, argon filled, or equivalent. 2.12 Recorder--Any multirange. variable- speed recorder that la compatible with the UV detection system Is suitable. 2.1.4 Absorption Cell--Standard spectro photometer cells 10 cm long, having quartz end windows may be used. Suitable cells may be constructed from plexiglass tubing, 2.5 cm O.D. X 11.4 cm <ca. 1" O.D. X 414"). The ends are ground perpendicular to the longi tudinal axis, and quartz windows (2.5 cm diameter x 0.16 cm thickness (ca. 1" diameter x Via" thickness)) are cemented In place. Gas Inlet and outlet ports [also of plexiglass but 0.6 cm O.D. (ca. *4" OB.) ] are attached approximately 12 cm 04") from each end. The cell Is strapped to a burner for support and aligned In the light beam to give the maximum transmittance. NOTH: Two S.l cm x S.l cm (ca. 2" x 2") cards with 225 cm (ca. 1") diameter hole* may he placed over each end of the cell to assist In positioning the cell for wtTimym transmittance. 2.1.5 Air Pump--Any peristaltic pump capable .of delivering 1 liter of air per minute may be used. A Maaterflex pump with elec tronic speed control baa been found to be satisfactory. (Regulated compressed air can be used In an open one-pass system.) 2.1.6 Flowmeter--Capable of measuring an air Cow of 1 liter per minute. 2.1.7 Aeration Tubing--Tygon tublug Is used for passage of the mercury vapor from the sample bottle to the absorption cell and return. Straight glass tubing terminating In tained at 0.15% nitric add. This acid should be added to the flask ss needed before the addition of the aliquot. Mercuric solutions should not be prepared In plastic containers. 4. Procedures. Samples for mercury analy sis are subject to contamination from a variety of sources. Extreme care must be .taken to prevent contamination. Certain In terferences may occur during the analysis procedures. Extreme caution must be taken to avoid inhalation of mercury. -- 4.1 .Sample Handling and Preservation. 4.1.1 Because of the extreme sensitivity of the analytical procedure and the om nipresence of mercury, care must be tnken to avoid extraneous contamination. Sam pling devices; sample containers, and re agents should he ascertained to be free or significant amounts of mercury; the sample should not be exposed to any condition in the laboratory that may result In contact or airborne mercury contamination. Sample containers to be used for collection and ship ment of mercury samples should be proper'.'.' cleaned before use. These should be rlntcd with at least 20% v/v HNO,' followed bv distilled water. 4.12 While the sample may be analyzed without drying. It has been found to be more convenient to analyze a dry sample. Moisture may be driven oil In a drying oven at a tem perature of 60`C. No significant-mercury losses have been observed by using this dry ing step. The dry sample should be pulver ized and thoroughly mixed before the aliquot is weighed. 42 Interferences. 42.1 Interferences that may occur la a coarse porous frit Is used for sparging air sludge samples are sulfides, high copper, high i instruments designed specifically for the Into the sample. chlorides, etc. A discussion of possible In measurement of mercury using the cold 2.1.6 Drying Tube--15 cm long x 12 cm terferences and suggested preventative meas vapor technique are commercially available diameter.ica. 6" long x >4" diameter) tube ures to be taken Is given In Hefereneo (6) (7). and may be substituted for the atomic containing 20 grams of the desiccant mag 422 Volatile materials which absorb at absorption spectrophotometer. nesium perchlorate. The apparatus Is assem the 253.7 nm will cause a positive lnterfer- FEDERAl'REGISTER, VOL 49, NO. 199--TUES0AY, OCTOBER 14, 1975 HR 00004b7 enee. In order to remove any lnterxertng 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 nature of mer cury vapor, precaution must be taken to avoid Its inhalation. Therefore, a bypass should be Included in the anatysls system to either vent the mercury vapor Into an exhaust hood or pass the vapor through some absorbing media, such as: (a) equal volumes of 0.1N KMNOi and 10% H.SO,; '(b) 0.25% Iodine In a 3% HI solution. A specialty treated charcoal that will absorb mercury vapor Is also available from Barnebey and Cheney, E. 8th Ave. and North Cas sidy St, Columbus, Ohio 43219, Catalog No. 680-13 or No. 580-22.* 4.4 Calibration. 4.4.1 Transfer 0, 0.5,1.0, 2.0, 5.0 and 10 ml aliquots of the working mercury solution containing 0 to 1.0 pg of mercury to a series of 300-ml BOD bottles. Add enough dis tilled water to each bottle to make a total volume of 10 ml. Add 6 ml of aqua regia and heat 2 minutes In a water bath at 9S*C. Allow the sample to cool and add 50 ml distilled water and 15 ml of KMnO, solution to each bottle and return to the water bath for 30 minutes. Cool and add 8 ml of sodium chlorlde-bydroxylamine sulfate, solution to re duce the excess permanganate. Add 50 ml of distilled water. Treating each bottle individ ually, add 5 ml of stannous sulfate solution and Immediately attach the bottle to the aeration apparatus. At this point, the sample Is allowed to stand qultely without manual agitation. The circulating pump, which has previously been adjusted to a rate of 1 liter per minute. Is allowed to run continuously. Mention of trade names or specific prod ucts does not constitute endorsement by the Environmental Protection Agency. RULES AND REGULATIONS The absorbance, as exhibited either on the spectrophotometer or the recorder, will in crease and reach maximum within 30 sec onds. As soon ss the recorder pen levels off. approxlmstely 1 minute, open the byp" valve and continue the aeration until the absorbance returns to Its minimum value. Close the bypass valve, remove the fritted tubing from the BOD bottle and continue the aeration. Proceed with the standards and construct a standard curve by plotting peak height versus mlcrograms of mercury. 4.5 Analysis. 4.5.1 Weigh triplicate 0.2g0.001 g por tions of dry sample and place In bottom of a BOD bottle. Add 5 ml of distilled water and 5 ml of aqua regia. Heat 2 minutes In a water batb at 95'C. Cool and add 50 ml dis tilled water and 15 ml potassium per manganate solution to each sample bottle. Mix thoroughly and place in the water bath for 30 minutes at 95*C. Cool and add 8 ml of sodium chlorlde-hydroxylamlne sulfate to re duce tbe excess permanganate. Add 55 ml of distilled water. Treating each bottle indi vidually, add 5 ml of stannous sulfate and Immediately attach the bottle to the aera tion apparatus. With each aample, continue as described In paragraph 4.4.1 of, this method. 4.5.2 An alternative digestion procedure ustng an autoclave may also be used. In this method 5 ml of concentrated ILSO, and 2 ml of concentrated HNO, are added to the 02 grama of sample. 5 ml of saturated KMnO, solution are added and the bottle Is covered with a piece of aluminum loll. The samples are autoclaved at 121*C and 2.1 kg/cm' (ca. 15 pslg) for 15 minutes. Cool, make up to a volume of 100 ml with distilled water, and add 6 ml of sodium chlorlde-hydroxylamlne sulfate solution to reduce the excess per manganate. Purge the dead air space and continue as described In paragraph 4.4.1 of this method. 5. Calculation. 5.1 Measure the peak height of the unknown from the chart and read the mercury value from the standard curve. 4SS11 I 5.2 calculate the mercury concentration in the sample by the formula: J Ag Hg In the aliquot *g Hg/gm -- ^ Ql toe niquot j^g ' 5.3 Report mercury concentrations as fol lows: Below 0.1 Ag/g: between 0.1 and 1 sg/g. to the nearest 0.01 Ag/g: between l and 10 Ag/g. to nearest 0.1 Ag: above 10 Ag/g. to nearest Ag. 6. Precision and accuracy. 6.1 According to the provisional method in reference num ber 5, the following standard deviations on replicate sediment samples have been re corded at the Indicated levels: 0.29 Ag/g0.02 and 0.82 Ag/g0.CJ3. Recovery of mercury at these levels, added as methyl mercuric chlo ride, was 97 and 94%, respectively. 7. References. 1. Bishop, J. N. "Mercury In Sediments." Ontario Water Resources Comm, Toronto, Ontario. Canada, 1971. 2. Salma. M. Private communication, EPA Cal/Nev Basin Offlce, Alameda, California. 3. Hatch, W. R, and Ott, W. L. "Determina tion of Sub-Mlcrogram Quantities of Mer cury by Atomic Absorption Spectrophotom etry." Ana. Chem. 40,2085 (1988). 4. Bradenberger, H. and Bader, H. "TH# Determination of Nanogram Levels of Mer cury In Solution by a Flamelesa Atomic Ab sorption Technique," Atomic Absorption Newsletter S, 101 (1967). 5. Analytics! Quality Control Laboratory (AQCL), Environmental Protection Agency, Cincinnati. Ohio, "Mercury In Sediment (Cold Vapor Technique)," Provisional Method, April 1972. 8. Kopp. J. F, Longbottom. - M. C. and Lobring, L. B. "Cold Vapor Method for De termining Mercury," Journal AWWA, 64, 1 (1972), pp. 20-25. 7. "Manual of Methods tor Chemical Anal ysts of Water and Wastes," Environmental Protection Agency, EPA-625/2-74-003, pp. 118-138. {PR Doc.75-27231 Filed 10-14-75:8:45 am] FLOHAL MCISTH, VOC 40, NO. 199--TUESDAY, OCTOIH 14, 1975 HER 0000468