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T July 15, 1974 Mr. A. Ubra, Counsel California Manufacturers Association P. O. Base 1138 Sacramento, California 95805 Door Mr. Libra I havo boon dbtualng with Mr. Mormon J. Haam, Regional VIca President of Union Carbide, two Itoms of proposed legislation which have been Introduced In California during 1974, speci fically Nib A-2991 and S-2419, bath of which relate to we of nbeda1 containing materials. Union Carbide, with asbestos mining and milling operations In California and preduet soles throughout the world. Is Intensely Interested In all legislative activities which relate to this mineral. After reviewing the content of the two proposed bills, we find that we have no specific Interest In A-2991 but are strongly opposed to S-2419. I would laquaet that the California Manufacturers Assentation express ear apposition to this bill os Is appropriate In their activities for the following The spraying of asbestos was carefully considered by the federal Government during tfw araaaaad rule meltlM an NoHoml Emission StedeA far Henwdous Air Pollutants. Tpsh^eep whstanaemo^ao^^vaoeewsw oveaf ihslrsvw^pop dw^ewetotfea^^^epwmpetel^sspswBpw. auetedansp^pe^^mn dwsirse^wcatslyp fvroeweass twh^eep foe^pdaso^^oreeael Rw^po^moriwsot^woerp. av^er^ep attached to this letter* The find Federal Regulation (see Aftaohment 2) provides that materials eentd^tlng less tlten 15b abbesPos ssojt h^t spoejted tsn^lor certsrf^t presc^lbe^l eois^^ dittoes. It Is cur pesltlcn that the Podosd EPA Regulations osshedled In the National Emission Standard far Adboites (ft Volume 88 No. 44, Friday, April 4, 1973,) coupled with the Federal OSHA ReguleHcns end the adbestes togolotions puhftshed by the State of Ccrflfasnin (Ganood IndwPy Safety Orders Section 5208 Asbestos July, 1973) pro- dm^n. Knlm ^8^^^^^ VIQV MVP RMI NV^PP plPPwlPI| Mm TVs Tnt IfMTraRn WHIf Nl Ml VMM pNPPP PPQ rasp IIP ^PPPVPV- pM9l9t In light of the edsHng leglsletlne, Implomontetlon of S-2419 Is unneeossary end for the reasons cited In Attachment I unduly pudHvo. I trust that you will koup Mr. Hoorn and ssa advised on the progress of this bill In the California legislature. Very truly yews. WCTsos Ein*nweea^lmmspmpw^cp cct Mr. N. J. Hoomr R* H. Mereness W. C. Thurhor Ptoduct Manager -- Aobesteo UCC 010049 RULES AND FEGULATSO. k> Attachment 1 materials, demolition oiicmUaiis, and the surfacing of roadways with a ,bevies tail ings. Tlie Administrator wi'l continue to investigate other existing and new sources of asbestos emission and if any of them are found to be major sources, the standard will be revised to cover them. As applied to mines, the proposed standard would have limited the emis sions from drilling operations and pro hibited visible emissions of particulate matter from mine roads surfaced with asbestos tailings. The Bureau of Mines has prescribed health and safety regula tions (30 CFR 55.5) for the purpose of protecting life, the promotion of health and safety, and the prevention of acci dents in open pit metal and nonmetallic mines. As related to asbestos mines, these regulations prohibit persons working in a mine from being exposed to asbestos concentrations which exceed the thresh old limit value adopted by the American Conference of Governmental Industrial Hygienists. The regulations specify that respirators shall not be used to prevent persons from being exposed to asbestos where environmental measures are avail able. For drilling operations, the regula tions require that the holes be collared and drilled wet. The regulations recom mend that haulage roads, rock transfer points, crushers, and other points where dust (asbestos) is produced sufficient to cause a health or safety hazard be wetted down as often as necessary unless the dust is controlled adequately by other means. In the judgment of the Admin istrator, implementation of these regu lations will prevent asbestos mines from being a major source which must be cov ered by the standard promulgated here in. Furthermore, the public is sufficiently removed from the mine work environ ment that their exposure should be sig nificantly less than that of the workers in the work environment. Accordingly, the promulgated standard does not apply to drilling operations or roadways at mine locations. For asbestos mills, the proposed stand ard would have applied to ore dumps, open storage areas for asbestos materials, tailings dumps, ore dryers, air for proc essing ore, air for exhausting particulate material from work areas, and any mill ing operation which continuously gen erates inplant visible emissions. The promulgated standard prohibits visible emissions from any part of the mill, tut it does not apply to dumps of asbestos tailings or open storage of asbestos ores. The Bureau of Mines' regulations pre viously referenced and regulations issued by the Occupational Safety and Health Administration (20 CFR 1910.93a) pro tect workers from the hazards of air con taminants in the work environment. The Occupational Safety and Health Admin istration regulations were promulgated on June 7, 1972. The regulations are in tended to protect the health of employees from asbestos exposure by means of en gineering controls (i.e. isolation, enclo sures, and dust collection) rather than by persohal protective equipment. It is the judgment of the Administrator that measures taken to cuinpiv- L - reeu of Mine? end Gw;:," w and Health Administration r- ` > ; protect the health of pet in proximity to dump:; and areas will prevent the dumps andurge areas from being major .so.i.v.v of bes- tos emissions. The proposed standard would 1: :vc ap plied to buildings, structures, or i.ni'U <:; within wliich any fabric.' or : . factoring operation is cariT d on hu.-ii involves the use of asbestos m,: .;.. . v Comments received on <he p-y.,-d standard indicated that tl:o rc: nit :-o> we for fabricating and mruniirta, ations were confusing, f.iucli oi fusion was created by the use of tcuns such as "any," "continuous;?," ana "forced gas streams." The pronvilgnicd standard is more definitive as to applica bility of the provisions. The promr.lgatca standard prohibits visible emissions from the nine manufacturing operations which, in the judgment of the Adminis trator, are major sources of asbestos. The promulgated standard does not cover fabrication operations. Of all fabrication operations, only those operations at new construction sites are considered to be major sources of asbestos emissions. The Occupational Safety and Health Admin istration regulations specify veal all hand-or power-operated tools <i.e saws, scorers, abrasive wheels, and drills) which produce asbestos dust be provided with dust collection systems. In the judg ment of the Administrator, implementa tion of these regulations will prevent fabrication operations from being a major source which must be covered by the standard promulgated herein. The proposed standard would have prohibited visible emissions of aoccstos particulate material from the repair or demolition of any building or structure other than a single-family dwelling. Comments indicated that the no visible emission requirement would prohibit re pair or demolition in many situations, since it would be impracticable, if not impossible, to do such work without cre ating visible emissions. Accordingly, the promulgated standard specifies certain work practices which must be followed when demolishing certain buildings or structures. The standard covers institu tional, Industrial, and commercial build ings or structures, including apartment houses having more than four dwelling units, wThich contain friable asbestos ma terial. This coverage Is based on the Na tional Academy of Sciences' report'(S3) which states, "In general, single-family residential structures contain only small amounts of asbestos insulation. Demoli tion of industrial and commercial Duild- ings that have been fireproofed with asbestos-containing materials will prove to be an emission source in the future, requiring control measures," Apartment houses with four dwelling units or less are considered to be equivalent to single family residential structures. The stand ard requires that the Administrator be notified at least 20 days prior to the com mencement of demolition. Oi. hi t w s, a v.; , r. a !:";:a a; - rlcn n.ir.g he. This v.wsT 1 .wart: a sianvf'nf b cd emir-kon-m ww tr r in L- ul'Pie. whoa is not rm, o..<... ;r, wlnTe. Lie ctui-wons which cm'twin ashy :tos ov.ii provides :;v; option of u-Lyi hod mr-cion :no methods. To o '"h: fence oi puriicuiale asbestos ni.uc.-.nl m a ns iivcuoi will'd to the aim:...1..hero can. be determined ;? co'U-ctirg a .`ample on n idler con s nnlyzing it by microscopy u chnique-;. Tnc 'wopoted shiucitircl stated that (he aii'-cJcunin? n*j:-'r moot wcttld not be mat if a number of li. Led fruits, c.g., broken bage. leaking wow. 'k:eaa- bare Mgs, existed and it ppm eel that collection hoppers on sonic La -Pause? b? tmp.icd vuPouf generating \i.-ibie ernh- sions. Comments received suygested tin'.:t tills negative approach tended to make die quality of air-cleaning operations de pendent upon the ability of EFA to a.i- ticioats and to include in the siandani all the factors which would constitute injpvoper methods. Since the intent v. a?, and Is, to require high quality air-clean ing operations, the promulgated standard requires proper installation, use, opera tion, and maintenance without precisely dotining the means to be used. --'The proposed standard would have prohibited the spraying of any materia; containing asbestos on any portion of a building or structure, prohibited the spraying of any material containing as bestos in an area -directly open to the atmosphere, and limited cvf ions from all other spraying of any material con taining asbestos to the amount which would bo emitted if specified air-clean in.g equipment were used. Comments re ceived pointed out that this standard would: tl) Prohibit the use of materials containing only the trace amounts of asbestos which occur in numerous nat ural substances, <2) prohibit the use of materials to which very small quantities of asbestos are added in order to enhance their effectiveness, and (3) prohibit the use of materials in which the asbestos is strongly bound and which would not gen erate particulate asbestos emissions. The promulgated standard applies to those uses of spvay-cn asbestos materials which could generate major emissions cf particulate asbestos material. For those spray-oil materials used to insulate or fireproof buildings, structures, pipes, and conduits, tlie standard limits the a?bo-:to content to no more than 1 percent. Ma terials currently used contain from iO- to BO-percent asbestos. The intent of the i-percent limit is to ban the use of ma terials which contain significant quanti ties of asbestos, but to allow the use of materials which would: at Contain trace amounts of asbestos which occur in numerous natural substances, .and (2) include very small quantities of asbestos (less than 1 percent) added to enhance the material's effectiveness. Although a FEDERAL REGISTER, VOL. 38, NO. 66--FRIDAY, APRIL 6, 1973 UCC 010050 RULES AND REGULATIONS i'; -od rcfereuec ikcWuhI not ijf'vi' toned to quantne: heiy doU-r- mine li:e content of e>: be, in a ma teria!, tiit'rc nre accaytvbie methods available, based on electron microscopy, which ire!- pendent laboratories have de veloped. Doterminins the asbestos con tent of n, material witlt these methods costs approximately $300. and the results are accurate within plus or minus 50 percent; these limits on accuracy were taken into account in establishing the l-perccnt limitation. "The inoposed standard would have prohibited the surfacin':' of any roadway with as;;e,tos tailings. The iiromiiigAted statuiaid applies to nil roadways except those on ore deposits: these roadways are temporary, and control measures taken to comply with the Bureau of Mines reg ulations prevent them from being a major .source which must be covered by the standard promulgated herein. At this time, the application of asbestos tailings to public roadways is not widely prac ticed, but because of the close proximity of roads to the public, a ben on using asbestos tailings on roadways is included in the promulgated standard to avoid a future problem and stop the practice where it is followed. The term "surfac ing'' is defined to include the deposit of asbestos tailings on roadways covered with snow or ice; therefore, this practice is prohibited. Consideration was given to including provisions in the standard requiring proper disposal of the asbestos material generated during demolition and col lected in control devices Used to comply with tiie requirements of this standard. It was decided that this was not neces sary because the Occupational Safety and Health Administration regulations <29 CFft ;910.93aih)) include house keeping and waste disposal requirements. There regulations require that any as bestos waste, consigned for disposal, be collected and disposed of in sealed im permeable bass or other closed, imperme able containers. Tiro potential environmental impact of the promulgated standard was evalu ated, and it was concluded that tile standard will not cause any adverse ef fects. The potentially adverse environ mental effects of the standard are: (1) The asbestos-materials which will be collected in control devices and gen erated during demolition will have to be disposed of or recycled. f`2.i Materials, such as mineral wool, ceramic wool, and fiberglass, will be sub stituted lor asbestos presently contained in spray-applied fireproofing and insulat ing materials. In some manufacturing operations, a major portion of the asbestos-material collected by fabric filters is either re cycled to the process or is marketed for other uses. For example, one asbestos tex tile mill recycles large quantities of longcr-fiber asbestos for process use and sells more than GO percent of the remain ing collected materials to a brake lining manufacturer. Consequently, a signifi cant portion of the increased quantities of "waste" asbestos ma terials which will result from the implementation of the standard will no4 require di.':po>..'.. Where cuwjowI j.j requiud. the Oonior.no! chicly and Irc.iUU Admin: tv.'.ll-- lalion.s <29( CPR 1010 Oka, h> ' require that any asbestos waste, eor.-.inued for disposal, be coilreted end disco'-;d of in sca'ccl impermeable bags or other dosed, impermeable cent a iuors. The eo-mmina- t-iou of ground tva'.ir supplies with asbes tos from land-ill disposal is not consid ered a pocenliad problem. The subst-itu; ion of ceramic wool, min eral wool, and hberedass for gsbcsios is not now known to fa a problem. There is no evidence tint these materials cause health effect; in the concentration;! found in occupational or ambient environments. Although the standard was not rased on economic considerations, F,PA is aware of the impact (5:i> and considers it to be reasonable. Costs among the various sources covered by the standard are quite variable. Although the standard may ad versely affect some individual plums or companies which are marginal opera tions, it appears that such effects will be minimal and the impact to the asbestos industries as a whole will not be large. References 1. Cooke. W, E.r Fibrosis of the Lungs due to the Inhalation Of Asbestos Dust. Bril. Mc-d. J.. 2, 1*17, 1924. 2. Cooke, W, 12.: Pulmonary Asbestosis. Bl-Lt. Med. J.r 2, 1024-1025, 1927. 3. Dreessen, W. C., J. M, Dallavalle, T, I. Edwards, j. W. Miller, and R. R. Sayers: A Sbudy of Asbestos in tho Asbestos Textile In dustry Public rienuU Bull. 241. Washington. U.3. Government printing Office, 1038, 128 pp. 4. McDonald, S : History of Pulmonary As bestos!d, Brit. Met?. J.. 2. 1025-1026,. 1927. 5. Mercwether, K. R. A.: The Occurrence of Pulmonary Fibro.iis and Other Pulmonary Affections in Asbestos Workers, J. Ind. T-Iyg., 12, 198-222, and 12, 239-237, 1930. 6'. Mills, U. G.: Pulmonary Asbestosis: Re port of a case. Minn. Med., 13, 405-41)9, 1930. 7. Soper, W. B.: Pulmonary Asbehtosis. A report of a case and a review. Am, Rev. Tuberc., 22, 571-58*, 1930. R. Bonser, G. M., J. S. Faulds, and M. J, Stewart: Occupational Cancet of the Urinary Bladder in Dyestuffs Operatives and. of the Lung in Asbestos Textile Workers and Ironore Miners. Am. J. Clin. Path., 25, 126-134, 1955, 9. Braun. D, C,. and T. D. Truan: An Epidemiological Study of Lung Cancer in As bestos Miners. Arch. Ind. Health, 17, 634 653, 1958. 10. Buchanan, W. O.: Asbcstosls and Pri mary Intrathoracic Neoplasms. Ann. N.Y. Acad. Sci.. 132, 507 *518, 1965. 11. Cordova. J. F., H. Tc-aluk, and R, F. Knudtson: Asbescosis and Carcinomas of the Lung. Cancer, 15, 1131-1187, 1962. 12. Doll. R.: Mortality from Lung Cancer in Asbestos Workers. Brit. J. Ind. Med., 12, 81-86,* 1955. 13. Dunn, J. E., Jr., and J. M. Weir: A Prospective Study of Mortality of Several Oc cupational Groups--Special Emphasis on Lung Cancer. Arch. Envir. Healrh, 17, 71-76, 1968. 14. Dunn, J. E., Jr., and J. M. Weir: Cancer Experience of Several Occupational Groups Followed Prospective!v. Am, J. Pub, Health, 55, 1367 1375, 1963. ' 15. El wood, P. CV, and A. L. Cochrane: A Follow-up Study of Workers from an Asbestos Factory. Brit. J. Ind. Med., 21, 304-3U7, 1054. 15. Enterline, P. E.: Mortality Among As bestos Product Workers in the United States. Ann. N.Y. Acad. Sci., 132, 156-105, 1983. 17. Fii n-Um. 11 F 1 M. A. rndrVk: nu.*t L. ill' d v.'.Xiiu,-5 J.o-.c'i and * ''-r win;-. A. fl, V. 1!r- I'.i'.iii1!, >. 131 IQ 6 i9G7 13. CL:>yne. S. It.: 1 on 'Vu'oniods : A Hi-!' iol<;;_ L .; 1 .fur', ov o t Iv c:< .Maternal in 1.2i)5 Ci-.-w- L.iUiCOC, 1, 5! 0-ad 1, 1951. 10. 'loachcr, N. J.. M.. Klaus, and h. L. Hard V : r"mbesros'' an. I Dr.onrivv'enic Card- nom:l: R .-port of one i1." pN.-'d erne aiul re- viev,f of L :e availr:bte hi it;.,'ure. Am. J. Mecl.. 15, ?:} i * i 1953. JV.c b, 3 , n- ui t.' An. L.ch: rv- Inmii.iry Nf'i'p , Ainnui; Dio .M A-,9.^f09 'a/orkera. Anti. N.Y . Acad. 3-n.. t j;! X -9J -Aiy. 5. 21. Ki>: L'fc'd. : : . J . ' No acr, and O. Kooy- man: M.': rifdUv E xper :o: i n a Gi-ou p of A.;hex to ,j y.'im-ltcrs. A rrh. r; nv: r. ItcAl'h, 15, 177- 130. :1967, 22. Knox. J. P.. R S Dcill, and I, D, mil: Cohort Analysis o'' Changes in Incidence of Broncho'1 Carcinoma in a T-'xtile Asbestos Factory. Ann. N.Y. Acad. S-.d., 132, 526 535, 1965. 23. Knox. J, P.. S. Holmes, R. Doll, and I. D. Hill: .Mortality from Lung Cancer and Other Causes Among Workers in an Asbestos Textile Factory. Brit. J. Ind. Med., 35. 293-303, 1903, 24. Lie'oc-n, J.: Malignancies In Asbestos Workers, Arch. Envir. Health, 13, 619-621, 1966, 25. Lynch. FC. M., and w. A. Smith: Pul monary Asbestosis, III, Carcinoma of Lung in Asbestos-silicosis. Am. J. Cancer, 14, 5G-64, 1935. 26. Mancuso. T. P,, and A. A. El-Attar: Mortality Pattern in a Cohort of Asbestos Workers' J. Occup. Med.. 9, 147-162. 1967. 27. McDonald, J. C.. A, D. McDonald, D. W, Gibbs, J. Siemiatycki. and C, E, Rosslter: Mortality in the Chrysolite Asbestos Mines and Mi I is of Quebec. Arch. Envir. Health, 22, 677-636.1971. 23. Mcrewother. E. R. A:: Asbestosis and Carcinoma-of the Lung. In: Annual report of the chief inspector of factories for the year 1947. London: M. Y. Stationary Office, 1949, 79 pp. 29. Newhouse. M. I.: A Study of the Mor tality of Workers in an Asbestos Factory. Br*t. J. Ind. Med.. 26, 294-301, 1069. 30. Scllko/f, I. J,. J. Churg, and E. C. Ham mond: Asbestos Exposure and Neoplasia. JAMA. 133. 22-26, 1964. 31. Boio-.v. M., A. Conston. i,, L. Ltvomese, and N. Sehalec: Mesothelioma and Its Associ ation with Asbestos. JAMA. 201, 587-501, 1067. 32. Elmes. P. C., W. T. E, MeCaughey, and O, L. Wade: Diffuse Mesothelioma of the Pleura and Asbestos. Brit. Med, J., 1, 350 353, 19G5, 33. Elmos, P, C., and O. L. Wade: Relation ship Between Exposure to Asbestos and Pleural Malignancy in Belfast. Ami. N.Y* Acad. Sci., 132, 519-557, 190:>. 34. EnUcknap, J. 5., and W, N. Smlther: Peritoneal Tumor in Asbescosis, Brit. J. Ind, Med., 21, 20- 31, 1964. 35. Fowler. P. B. S.. J. C. Sloper, and E, C. Warner: Exposure to Asbestos and Mesotheli oma of the Pleura. Brit. Med. J., 2, 211-213, 1064. 36. Hammond. E. C., I. J. SelikoiT. and J. Churg- Neoplasia Among Insulation Workers in the United States with Special Reference to Inlraabdominal Neoplasia. Ann. N.Y. Acad. SCi,. 32, .i!9"525, 19G5. 37. Hu'.u-ihano, D. OB.: Ihe Pathology of Mesothelioma and an Ana.lvsU of Their As sociation with Asbestos Exposure, Thorax, 19, 263*278, 1364. 3S. Lichen, J.. and T. Pistawka: Mesotheli oma and Asbestos Exposure, Arch, Envir. Health, l t, 550-563, 1067. 39. Mann, It. TL, J, L. GfO';h and W. M. O'Don'neil: M-sothohoma A.-r.-achdcd with Asbestoais. Cancer, 1$, 521-5:16, 1935. PEDES At REGISTER, VOL 38, MO. 66--FRIDAY APRIL 6, 1973 UCC 010051 f ,;'p RULES AND REGULATIONS Attachment 2 1 Spraying: Then e si'':;!! bo no i-ih'e r. ni.-.n-jr.:; to the out-Ido ail1 i to a r.-: a.-.u anplianlion of inadcn.'l; oou- hiinuw more thnn 1 percent nsdooda.?. on a, dry weight baa is, used to insulate or i '?yv!lot' equipment and machinery, ex cept. as nro', ided in paragraph <X'> of this ?;:ci ion. Spray-on materials used to insu late or fireproof buildings. smioturos, pipes, and cor.cituis siiulL con l a ill less than t percent asbestos on a dry weight bans. (1) Sources subject to this re.raer.veh are rvinp: iiom the requirements of S 6t.05'.ah S a 1.07, end .$ 61.03. (21 Any owner or operator -'ho intends to spray asbestos materials to insulate or fireproof building::, structures, pipes, con duits, equipment, and machinery shall report such intention to the administra tor at least 20 days prior to the com mencement of the spraying operation. Such report shall include the following information: (i) Name of owner or operator. (ii> Address of owner or operator. (iii) Location of spraying operation. (iv) Procedures to be followed to meet the requirements of this paragraph. (f) Rather thnn meet the no-visibteemtssion requirements of paragraphs (a), (c), and fe> of this section, an owner or operator may elect to use the methods specified by 01.23 to clean emissions containing paniculate asbestos material before such emissions escape to, or are vented to, the outside air. 61.23 Air-cleaning. If air-cleaning is elected, as permit ted by 3 61.22(f), the requirements of this section must be met. (a) Fabric filter collection devices must be used, except as noted in para graph:; (b) and (c) of this section. Such devices must fcc operated at a pressure drop of no more than 4 inches water gage, as measured across the filter fabric. The airflow permeability, as determined by ASTM method D737-69. must not exceed 30 ftbmin/fh for woven fabrics or 35 ft'/min/ft2 for felted fabrics, except that 40 ft' min,/ft- for woven and 45 ft3/ min. ft3 for felted fabrics is allowed for filtering air from asbestos ore dryers. Each square yard of felted fabric must weigh at least 14 ounces and be at least one-sixteenth inch thick throughout. Synthetic fabrics must not contain fill yarn other than that which is spun. (b) If the use of fabric filters creates a fire or explosion hazard, the adminis trator may authorize the use of wet col lectors designed to operate with a unit contacting energy of at least 40 inches water gage pressure. <c) The administrator may authorize the use of filtering equipment other than that described in paragraphs <p > and (b) of i His section if the owner or operator demonstrates to the sot:.'-faction of the administrator that the filtering of par ticulate asbestos material is equivalent to that of the described equipment. fci> All air-cleaning equipment au thorized by this section must be properly installed. used, operated, and ivu> interned, J3> pa.-s devices may be wed only daring mwet or emergency conditions ar.d liwn only for so long as it takes to shut down ii'<- as. lotion generating the particulate w.bc.-ia.s material. 13 61.2 1 Itcpiirliiig. The owner or operator of any existing source i o which this subpart is applicable shail, w.'.hiu 30 days after the effective dare, provide the following information to tics administrator: i a> .v description of the emission con trol equipment used for cadi process; <b> if a fabric filter device is used to centred emissions, the pressure drop across the fabric filter in inches water il) If the fabric filter device utilizes a woven fabric, the airflow permeability in ft, vnin/ft-; and, if the fabric Is syn thetic, indicate whether the fill yam is spun or not spun. til) If the fabric filter device utilizes a feiled fabric, the density in oz/yclp the minimum thickness in inches, and the ainiow permeability in ftVmin/ft3. le: Such information shall accompany the information required by 5 61,10. The appropriate form is contained in appen dix A to tlais part. Subpart C--National Emission Standard for Beryllium 61.30 Applicability. The provisions of this subpart are ap plicable to the following stationary sources: (a) Extraction plans, ceramic plants, foundries, incinerators, and propellant plants which process beryllium ore, beryl lium, beryllium oxide, beryllium allovs, or beryllium-containing waste. ib> Machine shops which process beryllium, beryllium oxides, or any alloy when such alloy contains more than 5 percent beryllium by weight. 61.31 Definitions. Terms used in this subpart are de fined in the act, in subpart A of this pare, or in this section as follows: (at "Beryllium" means the element beryllium. Where weights or concentra tions arc specified, such weights or con centrations apply to beryllium only, excluding the weight or concentration of any associated elements. (b> "Extraction plant" means a fa cility chemically processing beryllium ore to beryllium metal, alloy, or oxide, or performing any of the intermediate steps in these processes. (c) "Beryllium ore" means any natu rally occurring material mined or gathered for its beryllium content. (d) "Machine shop" means a facility performing cutting, grinding, turning, honing, milling, deburring, lapping, electrochemical machining, etching, or other similar operations. (ei ' Ceramic plant" means a manu facturing plant producing ceramic items. (f> "Foundry" means a facility en gaged in the melting or casting of beryllium metal or alloy. (g> "Beryllium-containing waste" means material contaminated with beryllium and/or beryllium compounds used or generated during any process or operation performed by a source subject to Lius subpart. ill) "Incinerator" means any furnace used in the process of burning waste for the primary purpose of reducing the volume of the waste by removing com bustible matter. (i) "Propellant" means a fuel and oxi dizer physically or chemically combined which undergoes combustion to provide rocket propulsion, . (j) "Beryllium alloy" means any metal to which beryllium has been added in order to increase its beryllium content and which contains more than 0.1 per cent beryllium by weight. (k) "Propellant plant" means any facility engaged in the mixing, casting, or machining of propellant. 61,32 Emission slumlord. (a) Emissions to the atmosphere from stationary sources subject to the provi sions of this subpart shall not exceed 10 grams of beryllium over a 24-hour period, except as provided in paragraph (b) of this section. <b> Rather than meet the require ment of paragraph (a) of this section, an owner or operator may request ap proval from the Administrator to meet an ambient concentration limit on beryl lium in the vicinity of the stationary source of 0.01 /ig/m3, averaged over a 30-day period. (l) Approval of such requests may be granted by the Administrator, provided that: (i) At least 3 years of data Is avail able which in the judgment of the Ad ministrator demonstrates that the fu ture ambient concentrations of beryllium in the vicinity of the stationary source will not exceed 0.01 pg/m3, averaged over a 30-day period. Such 3-year period shall be the 3 years ending 30 days before the effective date of this standard. (ii) The owner or operator requests such approval in writing within 30 days after the effective date of this standard. (iii) The owner or operator submits a report to the Administrator within 45 days after the effective date of this standard which report includes the fol lowing information: (a) Description of sampling method including the method and frequency of calibration. (b) Method of sample analysis. (c) Averaging technique for determin ing 30-day average concentrations. (d> Number, identity, and location (address, coordinates, or distance and heading from plant) of sampling sites. (e) Ground elevations and height above ground of sampling inlets. (/) Plant and sampling area plots showing emission points and sampling sites. Topographic features significantly affecting dispersion including plant building heights and locations shall be included. (g) Information necessary for esti mating dispersion including stack height, inside diameter, exit gas temperature, exit velocity or flow rate, and beryllium concentration. (.h) A description of data and proce dures (methods or models) used to de sign the air sampling network (i.e., num ber and location of sampling sites). FEDERAL REGISTER, VOL. 38, NO. 66--FRIDAY, APRtL 6, 1973 UCC 010052