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*-32 (REV. 5-78) Shell Oil Company lnWrotftce Memorandum DECEMBER 14, 1990 xlW| ______ 'Document to File! \X Record Copy in File information Copy Record Copy in roA ^7k , Copy: U14 ftC.bl , KxTPj/o Circulate: / FROM: PROGRAM MANAGER, ENVIRONMENTAL AFFAIRS TO: MANAGER, PRODUCTS ENVIRONMENTAL CONSERVATION, M&T MANAGER, ENVIRONMENT, HS&E, E&P MANAGER, HS&E, SHELL DEVELOPMENT CO. MANAGER, BUILDING SERVICES, OPERATIONS, P&AS MANAGER, ADMINISTRATION, I&CS MANAGER, ADMINISTRATION, CREDIT CARD CENTER MANAGER, AVIATION SERVICES, P&AS SUBJECT: FINAL RULE AMENDING THE "NATIONAL EMISSION STANDARD FOR HAZARDOUS AIR POLLUTANTS" (NESHAP) FOR ASBESTOS PLAINTIFF'S EXHIBIT On November 20, 1990 (55 FR 48406), EPA issued a final rule revising the asbestos NESHAP with the stated intention of enhancing enforcement and promoting compliance without altering the stringency of existing controls. The rule is codified at 40 CFR 61 Subpart M. While the standard deals with a number of asbestos related operations, only the sections dealing with renovation and demolition, and waste disposal are relevant to Shell's operation. Renovation/Demolition: APPLICABILITY: A major change to the NESHAP is its expansion to cover asbestos emissions from material other than friable asbestos (so called "asbestos containing material" or ACM) such as roofing or flooring material that could be crushed, pulverized, or otherwise reduced to asbestos fibers during renovation or demolition activities. Facilities involved in demolition/renovation projects are required to conduct an inspection prior to commencement of such activities to determine whether ACM is present. NOTIFICATION: As a matter of information, the NESHAP "General Provisions", 40 CFR 61 Subpart A, requires that all information required to be submitted to EPA must also be submitted to the States to whom EPA has delegated NESHAP implementation and enforcement authority. LAWI 017318 TR9034703 - 0001.0.0 DPMC-11043 EPA and/or States will require considerably more pre-project notification information than was required by the original standard when the amount of "Regulated Asbestos Containing Material" (RACM) exceeds specific limits for various types of removal or demolition activity. A new two page form, "Notification of Demolition and Renovation", will now serve as the mechanism for initial notification and revisions to EPA and/or the State. For planned renovation operations which include RACM, an annual notification for a calendar year (1/1-12/31) may be provided no later than 10 working days before the end of the calendar year preceding the year for which notice is being given. EMISSION CONTROL PROCEDURES: Where amounts of RACM are known to be present (as a result of the' initial inspection) in quantities exceeding the applicability triggers, all RACM must be removed from a facility being renovated or demolished before any activity begins that would cause emissions of asbestos (some exceptions are provided for RACM removal). Alternatively, work practices such as wetting, handling, emission controlled venting, and wrapping may be used when facility components such as beams, columns, etc. are removed from a facility. Effective one year after promulgation (by November 20, 1991), no RACM shall be stripped, removed or otherwise handled at a facility unless at least one on-site representative (foreman or authorized representative) is present who is trained in the provisions of the Asbestos NESHAP and the means of complying with it. The on-site representative must receive refresher training every two years. WASTE DISPOSAL FOR DEMOLITION AND RENOVATION: For all asbestos-containing waste material transported offsite for disposal, a waste shipment record (WSR) must be provided to the waste-site operator. Vehicles used to transport asbestos containing waste must be marked with the sign prescribed by OSHA during loading and unloading. WSR follow-up procedures including exception reports (similar to the RCRA manifest tracking system) have been instituted for asbestos transportation and disposal. Labels are required on containers of asbestos-containing waste that indicate the name of the waste generator and the location where the waste was generated. TR9034703 - 0002.0.0 LAM 017319 DPMC-11049 48414 Federal Register / Vol. 55, No, 224 / Tuesday, November 20. 1990 / Rules and Regulations solution will be to require disposal sites to report to EPA whenever there is a discrepancy between the amount of waste received and the amount reported on the waste shipment papers. The discrepancy report should be submitted to the same agency that was notified of the demolition or renovation and, if different, to the agency responsible for administering the NESHAP program for the disposal site. In addition, new and existing disposal sites will be required to comply with the general reporting provisions of 40 CFR part 61. Specifically, new disposal sites will be required to comply with the requirement to apply for approval to construct ( 61.07). and the requirements to notify EPA of startup dates (5 61.09). Existing disposal sites that will accept asbestos waste after the effective date of the rule will be required to supply EPA with certain information concerning their operations ( 61.10). This information will assist enforcement in tracking asbestos waste. Excepted Waste Shipment Report The proposed revisions included a requirement for waste generators to indicate, as part of a semiannual report to the Administrator, waste shipments for which 35 days or more have elapsed since the waste was shipped without the waste generator having received a copy of the WSR signed and dated by the disposal site owner or operator. While EPA has determined that semiannual reports are not necessary, it considers this requirement a vital part of the asbestos waste tracking system and a provisions for excepted waste shipment reports is included in the final rule. Waste Conversion Processes Comment: Commenter 1V-D-21 asked that procedures for sample preparation for TEM be clarified: that comminution size oT particle reduction be specified: that the standard or interim method of analysis that is acceptable be identified: and that laboratory qualifications meeting requirements of the National Institute of Standards and Technology (NIST) and AHERA be identified. Response: Currently EPA has no protocol for TEM analysis of output materials. The final rule requires the owner or operator of waste conversion processes to submit a protocol for sampling and analysis by TEM for approval by EPA. V. Administrative The docket is an organized and complete file of all the information considered by EPA in the development of this rulemaking. The docket is a dynamic file, since material is added throughout the rulemaking development. The docketing system is intended to allow members of the public and industries involved to readily identify and locate documents so that they can effectively participate in the rulemaking process. AJong with the statement of basis and purpose of the proposed and promulgated revisions and EPA responses to significant comments, the contents of the docket, except for interagency review materials, will serve as the record in case of judicial review (section 307(d)(7)(A)). The effective date of this regulation is November 20.1990. Section 112 of the Clean Air Act provides that standards of performance or revisions thereof become effective upon promulgation except that in the case of an existing source, the standard shall not apply until 90 days after its effective date. As prescribed by section 112, the promulgation of these standards was preceded by the Administrator's determination that asbestos presents a significant risk to human health as a result of air emissions from one or more source categories and is therefore a hazardous air pollutant (36 FR 3031. dated March 31.1971). In accordance with section 117 of the Act. publication of these promulgated standards was preceded by consultation with appropriate advisory committees, independent experts, and Federal departments and agencies. Section 317 of the Clean Air Act requires the Administrator to prepare an economic impact assessment for any new standard promulgated under section 112 of the Act. Since the costs of the revision will be small, an economic impact assessment was not considered necessary for this regulation. Information collection requirements associated with this regulation (those included in 40 CFR part 60, subpart A and subpart XXX) have been approved by the Office of Management and Budget (OMB) under the provisions of the Paperwork Reduction Act of 1980. 44 U.S.C. 3501 et seq. and have been assigned OMB control number (20600101). Under Executive Order 1Z291, EPA is required to judge whether a regulation is a "major rule" and therefore subject to the requirements of a regulatory impact analysis (RLA). The Agency has determined that this regulation would result in none of the adverse economic effects set forth in section 1 of the Order as grounds for finding a regulation to be a "major rule." The Agency has, therefore, concluded that this regulation is not a "major rule" under Executive Order 12291. The Regulatory Flexibility Act of 1980 requires the identification of potentially adverse impacts of Federal regulations upon small businesp "ntities. The Act specifically requires the completion of a Regulatory Flexibility Analysis in those instances where small business impacts are possible. Because these standards impose no adverse economic impacts, a Regulatory Flexibility Analysis has not been conducted. Pursuant to the provisions of 5 U.S.C. 605(b). I hereby certify that this rule will not have a significant economic impact on a substantial number of small entities. List of Subjects in 40 CFR Part 61 Asbestos. Beryllium. Benzene. Hazardous substances. Mercury. Reporting and recordkeeping requirements. Vinyl chloride. Blast furnaces. Steel mills. Dated: October 29.1990. William K. Reilly, Administrator. 40 CFR part 61 is amended as follows: PART 61--{AMENDED] 1. The authority citation for.40 CFR part 61. subpart M. is revised to read as follows: Authority: 42 U.S.C. 7401. 7412. 7414. 7416. 7601. 2. -3. Section 61.140 is revised to read as follows: 61.140 Applicability. The provisions of this subpart are applicable to those sources specified in 61.142 through 61.151. 61.154. and 61.155. 4. In | 61.141. the following definitions are revised: "Asbestos-containing waste materials," "Commercial asbestos." "Demolition," "Emergency renovation operation." "Fabricating." "Facility." "Facility component." "Friable asbestos materials." "Inactive waste disposal site." "Manufacturing." "Outside air." "Particulate asbestos material." "Planned renovation operation." "Remove." "Renovation." "Roadways." "Strip" and "Visible emissions." The following definitions are added: "Adequately wet." "Category I nonfriable ACM." "Cutting." "Category 11 nonfriable ACM," "Fugitive sources." "Clove bag." "Grinding." "In poor condition." "Installation." "Leak-tight." "Malfunction." "Natural barrier." "Nonfriable asbestos-containing material." "Nonscheduled renovation operation." "Owner or operator of a demolition or a renovation activity," "Regulated asbestos-containing material," "Resilient floor covering." "Waste generator." "Waste shipment record." and "Working day." The definitions. "Adequately wetted" and "Asbestos material." are removed. lam 017320 DPMC-11050 Federal Register / Voi. 55, No. 224 / Tuesday. November 20. 1990 / Rules and Regulations 48415 61.141 Definition!. Adequately wet means sufficiently mix or penelrale with liquid lo prevent the release of particulates. If visible emissions are observed coming from asbestos-containing material, then that material has not been adequately wetted. However, the absence of visible emissions is not sufficient evidence of being adequately wet. Asbestos-containing waste materials means mill tailings or any waste that contains commercial asbestos and is generated by a source subject to the provisions of this subpart. This term includes filters from control devices, friable asbestos waste material, and bags or other similar packaging contaminated with commercial asbestos. As applied to demolition and renovations operations, this term also includes regulated asbestos-containing material waste and materials contaminated with asbestos including disposable equipment and clothing. Category / nonfriable asbestoscontaining material (ACM] means asbestos-containing packings, gaskets, resilient floor covering, and asphalt roofing products containing more than 1 percent asbestos as determined using the method specified in appendix A. subpart F. 40 CFR part 763. section 1. Polarized Light Microscopy. Category II nonfriable ACM means any material, excluding Category 1 nonfriable ACM. containing more than 1 percent asbestos as determined using the methods specified in appendix A. subpart F. 40 CFR part 763. section 1. Polarized Light Microscopy that, when dry. cannot be crumbled, pulverized, or reduced to powder by hand pressure. Commercial asbestos means any material containing asbestos that is extracted from ore and has value because of its asbestos content. Cutting means to penetrate with a sharp-edged instrument and includes sawing, but does not include shearing, slicing, or punching. Demolition means the wrecking or taking out of any load-supporting structural member of a facility together with any related handling operations or the intentional burning of any facility. Emergency renovation operation means a renovation operation that was not planned but results from a sudden, unexpected event that, if not immediately attended to. presents a safety or public health hazard, is necessary to protect equipment from damage, or is necessary to avoid imposing an unreasonable financial burden. This term includes operations necessitated by nonroutine failures of equipment. Fabricating means any processing {eg., cutting, sawing, drilling] of a manufactured product that contains commercial asbestos, with the exception of processing at temporary sites (field fabricating) for the construction or restoration of facilities. In the case of friction products, fabricating includes bonding, debonding, grinding, sawing, drilling, or other similar operations performed as part of fabricating. Facility means any institutional, commercial, public, industrial, or residential structure, installation, or building (including any structure, installation, or building containing condominiums or individual dwelling units operated as a residential cooperative, but excluding residential buildings having four or fewer dwelling units): any ship: and any active or inactive waste disposal site. For purposes of this definition, any building, structure, or installation that contains a loft used as a dwelling is not considered a residential sbucture. installation, or building. Any structure, installation or building that was previously subject to this subpart is not excluded, regardless of its current use or function. Facility component means uny part of a facility including equipment. Friable asbestos material means any material containing more than 1 percent asbestos as determined using the method specified in appendix A. subpart F. 40 CFR part 763 section 1. Polarized Light Microscopy, that, when dry. can be crumbled, pulverized, or reduced to powder by hand pressure. If the asbestos content is less than 10 percent as determined by a method other than point counting by polarized light microscopy (PLM). verify the asbestos content by point counting using PLM. Fugitive source means any source of emissions not controlled by an air pollution control device. Glove bag means a sealed compartment with attached inner gloves used for the handling of asbestoscontaining materials, properly installed and used, glove bags provide a small work area enclosure typically used for small-scale asbestos stripping operations. Information on glove-bag installation, equipment and supplies, and work practices is contained in the Occupational Safety and Health Administration's (OSHA's) final rule on occupational exposure to asbestos (appendix G to 29 CFR 1926.58). Grinding means to reduce to powder or small fragments and includes mechanical chipping or drilling. In poor condition means the binding of the material is losing its integrity as indicated by peeling, cracking, or crumbling of the material. Inactive waste disposal site means any disposal site or portion of it where additional asbestos-containing waste material has not been deposited within the past year. Installation means any building or structure or any group of buildings or structures at a single demolition or renovation site that are under the control of the same owner or operator (or owner or operator under common control). Leak-tight means that solids or liquids cannot escape or spill out. It also means dust-light. Malfunction means any sudden and unavoidable failure of air pollution control equipment or process equipment or of a process to operate in a normal or usual manner so that emissions of asbestos are increased. Failures of equipment shall not be considered malfunctions if they are caused in any way by poor maintenance, careless operation, or any other preventable . upset conditions, equipment breakdown, or process failure. Manufacturing means the combining of commercial asbestos--or. in the case of woven friction products, the combining of textiles containing commercial asbestos--with any other material(s). including commercial asbestos, and the processing of this combination into a product. Chlorine production is considered a part of manufacturing. Natural barrier means a natural object that effectively precludes or deters access. Natural barriers include physical obstacles such as cliffs, lakes or other large bodies of water, deep and wide ravines, and mountains. Remoteness by itself is not a natural barrier. Nonfriable asbestos-containing material means any material containing more than 1 percent asbestos as determined using the method specified in appendix A. subpart F. 40 CFR part 763. section 1. Polarized Light Microscopy, that, when dry. cannot be crumbled, pulverized, or reduced to powder by hand pressure. Nonscheduled renovation operation mcan3 a renovation operation necessitated by the routine failure of equipment, which is expected to occur within a given period based on past operating experience, but for which an exact date cannot be predicted. Outside air means The air outside buildings and structures, including, but LAM 017321 DPMC-11051 <13416 Federal Register / Vol. 55, No. 224 / Tuesday. November 20. 1990 / Rules and Regulations not limited to. the air under a bridge or in an open air ferry dock. Owner or operator of a demolition or renovotion activity means any person who owns. leases, operates, controls, or supervises the facility being demolished or renovated or any person who owns, leases, operates, controls, or supervises the demolition or renovation operation, or both. Particulate asbestos materiaI means finely divided particles of asbestos or material containing asbestos. Planned renovation operations means a renovation operation, or a number of such operations, in which some RACM will be removed or stripped within a given period of time and that can be predicted. Individual nonscheduled operations are included if a number of such operations can be predicted to occur during a given period of time based on operating experience. Regulated asbestos-containing material (RACM) means (a) Friable asbestos material, (b) Category I nonfriable ACM that has become friable, (c) Category I nonfriable ACM that will be or has been subjected to sanding, grinding, cutting, or abrading, or (d) Category II nonfriable ACM that has a high probability of becoming or has become crumbled, pulverized, or reduced to powder by the forces expected to act on the material in the course of demolition or renovation operations regulated by this subpart. Remove means to take out RACM or facility components that contain or are covered with RACM from any facility. Renovation means altering a facility or one or more facility components in any way. including the stripping or removal of RACM from a facility component. Operations in which load supporting structural members are wrecked or taken out are demolitions. Resilient floor covering means asbestos-containing floor tile, including asphalt and vinyl floor tile, and sheet vinyl floor covering containing more than 1 percent asbestos as determined using polarized light microscopy according to the method specified in appendix A. subpart F, 40 CFR part 763, Section 1. Polarized Light Microscopy. Roadways means surfaces on which vehicles travel. This term includes public and private highways, roads, streets, parking areas, and driveways. Strip means to take off RACM from any part of a facility or facility components. Visible emissions means any emissions, which are visually detectable without the aid of instruments, coming from RACM or asbestos-containing waste material, or from any asbestos milling, manufacturing, or fabricating operation. This does not include condensed, uncombined water vapor. Waste generator means any owner or operator of a source covered by this subpart whose act or process produces asbestos-containing waste material. Waste shipment record means the shipping document, required to be originated and signed by the waste generator, used to track and substantiate the disposition of asbestoscontaining waste material. Working day means Monday through Friday and includes holidays that fall on any of the days Monday through Friday. 5. Section 61.142 is revised to read as follows: 61.142 Standard (or asbestos mills. (a) Each owner or operator of an asbestos mill shall either discharge no visible emissions to the outside air from that asbestos mill, including fugitive sources, or use the methods specified by 5 61.152 to clean emissions containing particulate asbestos material before they escape to. or are vented to. the outside air. (b) Each owner or operator of an asbestos mill shall meet the following requirements: (1) Monitor each potential source of asbestos emissions from any part of the mill facility, including air cleaning devices, process equipment, and buildings that house equipment for material processing and handling, at least once each day. during daylight hours, for visible emissions to the outside air during periods of operation. The monitoring shall be by visual observation of at least 15 seconds duration per source of emissions. (2) Inspect each air cleaning device at least once each week for proper operation and for changes that signal the potential for malfunction, including, to the maximum extenj possible without dismantling other than opening the device, the presence of tears, holes, and abrasions in filter bags and for dust deposits on the clean side of bags. For air cleaning devices that cannot be inspected on a weekly basis according to this paragraph, submit to the Administrator, and revise as necessary, a written maintenance plan to include, at a minimum, the following: (i) Maintenance schedule. (li) Recordkeeping plan. (3) Maintain records^of the results of visible emissions monitoring and air cleaning device inspections using a format similar to that shown in Figures 1 and 2 and include the following: (i) Date and time of each inspection. (ii) Presence or absence of visible emissions. |iii) Condition of fabric filters, including presence of any tears, holes, and abrasions. (iv) Presence of dust deposits on clean side of fabric filters. (v) Brief description of corrective actions taken, including date and time. (vi) Daily hours of operation for each air cleaning device. (4) Furnish upon request, and make available at the affected facility during normal business hours for inspection by the Administrator, all records required under this section. |5) Retain a copy of all monitoring and inspection records for-3t least 2 years. (6) Submit quarterly a copy of visible emission monitoring records to the Administrator if visible emissions occurred during the report period. Quarterly reports shall be postmarked by the 30th day following the end of the calendar quarter. BILLING COOt SMO-W-U i LAM 017322 DPMC-11052 Federal Register / Vo!. 55. No. 221 / Tuesday. November 20. 1990 / Rules and Regulations '1041S (i Section 01 113 is revised to read as follows: 61.143 Standard lor roadways. No person may construct or maintain a roadwuv with asbestos ladings or asbestos containing waste material on that roadway, unless, (or asbestos tailings. (a) ll is a temporary roadway on an area of asbestos ore deposits (asbestos miner nr |t>l !l is a temporary roadway at an active asbestos mill site and is encapsulated with a resinocs or bituminous binder. The encapsulated road surface must he maintained at a minimum frequency of one per year lo prevent dust emissions, or |r) ll is encapsulated in asphalt concrete meeting the specifications contained in section 401 of Standard Spet.ihcalinns for Construction of Roads and bridges on Federal Highway I'ri-.iiu.ls. Fl*-Sf>. 1985. or their equivalent 7 lo !>1.144. paragraph ln)l'>) and paragraphs |h) (1) and 12J are revised, and paragraphs |b)|3) through |b)|li) are ndd.-d lo read as follows 61.144 Standards tor manutacturing. |a) ' ' (9) The manufacture of chlorine utilizing asbestos diaphragm technology. (hi ` ' ` |1) Discharge no visible emissions lo ih." outside air from these opr-ral-ons or from any building or structure in which they are conducted or from any other fugitive sources: or I2| Use the methods specified by til 152 to dean emissions from these operations containing particulate asbestos material before they escape to. or are vented lo. the outside air. (3) Monitor each potential source of asbestos emissions from any part of the manufacturing facility, including air cleaning devices, process equipment, and buildings housing material processing and handling equipment, at least once each day during daylight hours for visible emissions lo the outside air during periods of operation. The monitoring shall be visual observation of at least 15 seconds duration per source of emissions. (4) Inspect each oir cleaning device at least once each week lor proper operation and for changes that signal the potential for malfunctions, including, to the maximum extent possible without dismantling other than opening the device, the presence of tears, holes, end abrasions in filler bags and for dust deposits on the clean side of bags. For air cleaning devices that cannot be inspected on a weekly basis according to this paragraph, submil lo the Administrator, and revise as necessary, a written maintenance plan lo include, at a minimum, the following: (i| Maintenance schedule. (ti) Recordkeeping |5) Maintain records of the results of visible emission monitoring and air cleaning device inspections using a format similar to that shown in Figures 1 and 2 and include the following. (i) Date and time of each inspection. |u) Presence or absence of visible emissions. (:ii| Condition of fabric filters, including presence of any tears, holes and abrasions. (iv) Presence of dust deposits on clean side of fabric filters. (v) Brief description of corrective actions taken, including date and time. (vi) Daily hours of operation for each air cleaning device. (6) Furnish upon request, and make available at the affected facility during normal business hours for inspection by the Administrator, all records required under this section. (r) Retain a copy of all monitoring and inspection records for at least 2 years. (8) Submit quarterly a copy of the visible emission monitoring records to the Administrator if visible emissions occurred during the report period. Quarterly reports shall be postmarked by the 30th day following the end of the calendar quarter. 8. Sections 61.146 and 61.147 are removed, and 61.145 is revised to read as follows: 61.145 Standard for demolition and renovation. (a) Applicability To determine which requirements of paragraphs (a), (b). and |c) of this section apply to the owner or operator of a demolition or renovation activity and prior to the commencement of the demolition or renovation, thoroughly inspect the affected facility or part of the facility where the demolition or renovation operation will occur for the presence of asbestos, including Category l and Category II nonfriable ACM. The requirements of paragraphs (b) and (c) of this section apply lo each owner or operator of a demolition or renovation activity, including the removal of RACM as follows: (1) In a facility being demolished, all the requirements of paragraphs (b) and (c) of this section apply, except as provided in paragraph (a)(3) of this section, if the combined amount of RACM is (i) At least 80 linear meters (260 linear feel) on pipes or at least 15 square melcrs (160 square feet) on other facility components, or (ii) At leasl 1 cubic meter (35 cubic feet) oft facility components where the length or area could not bn measured previously. (2) In a facility being demolished, only the notification requirements of paragraphs (b)|1). (2). (3)(i) and (iv). and (4)(i) through (vii) and |4)|lx) and (.xvi) of this section apply, if the combined amount of RACM is (i) Less than 80 linear meters (260 linear feet) on pipes less than 15 square meters (1 GO square feel) on other facility components, and (ii) Less than one cubic meter (35 cubic feet) off facility components where the length or area could not be measured previously or there is no asbestos. (3) If the facility is being demolished under an order of a State or local government agency, issued because the facility is structurally unsound and in danger of imminent collapse, only the requirements of paragraphs (b)(1). (b)(2) (b)(3)(iii). (b)(4) (except (b)(4)(viii)). (b)(5). and (c)(4) through (c)(9) of this section apply. (4) In a facility being renovated, including any individual nonscheduled renovation operation, all the requirements of paragraphs (b) and (c) of this section apply if the combined amount of RACM to be stripped, removed, dislodged, cut. drilled, or similarly disturbed is (i) At least 80 linear meters (260 linear feet) on pipes or at leasl 15 square meters (160 square feet) on other facility components, or (ii) At least 1 cubic meter (35 cubic feet) off facility components where the length or area could not be measured previously. (iii) To determine whether paragraph (a)(4) of this section applies to planned renovation operations involving individual nonscheduled operations, predict the combined additive amount of RACM to be removed or stripped during a calendar year of January 1 through December 31. (iv) To determine whether paragraph (a)(4) of this section applies to emergency renovation operations, estimate the combined amount of RACM to be removed or stripped as a result of the sudden, unexpected event that necessitated the renovation. (5) Owners or operators of demolition and renovation operations are exempt from the requirements of 61.05(a). 61.07, and 61.09. (b) Notification requirements. F.ach owner or operator of a demolition or LAM 017323 DPMC-liuoo 1 43420 Federal Register / Vol. 55, No. 224 / Tuesday. November 20. 1990 / Rules and Regulations renovation activity lo which this section applies shall: (1) Provide the Administrator with written notice of intention to demolish or renovate. Delivery of the notice by U.S. Postal Service, commc-ioial delivery service, or hand delivery is acceptable. (2) Update notice, as necessary, including when the amount of asbestos affected changes by at least 20 percent. (3) Postmark or deliver the notice as follows: (1) At least 10 working days before asbestos stripping or removal work or any other activity begins (soch as site preparation that would break up. dislodge or similarly disturb asbestos material), if the operation is described in paragraphs (a) (lj and (4) (except |a)(-))!iii) and {a){4J(;vj) of this section. If the operation is as described in paragraph (a)(2) of tins section, notification is required 10 wo: king days before demolition begins. (ii) At least 10 working days before the end of the calendar year preceding the year for which notice is being given for renovations described in paragraph (a)(4)(iii) of this section. (iii) As early as possible before, but not later than, the following working day if the operation is a demolition ordered according to paragraph (a)(3) of this section or. if the operation is a renovation described in paragraph (a)(4)(iv) of this section. (iv) For asbestos stripping or removal work in a demolition or renovation operation, described in paragraphs (a) (1) and (4) (except (a)(4j(iii) and (n)(4)(ivj) of this section, and for a demolition described in paragraph (a)(2) of this section, that will begin on a date other than the one contained in the original notice, notice of the new start date must be provided to the Administrator as follows: (A) When the asbestos stripping or removal operation or demolition operation covered by this paragraph will begin after the date contained in the notice. (7) Notify the Administrator of the new start date by telephone as soon as possible before the original start date, and (2) Provide the Administrator with a written notice of the new start date as soon as possible before, and no later than, the original start date. Delivery of the updated notice by the U.S. Postal Service, commercial delivery service, or hand delivery is acceptable. (B) When the asbestos stripping or removal operation or demolition operation covered by this paragraph will begin on a date earlier than the original start date. (/} Provide the Administrator with a written notice of the new start dale at least 10 working days before asbestos stripping or removal work begins. (2) For demolitions covered by paragraph (a)(2) of thir section. provide the Administrator written notice of a r.cw start date at least 10 working days before commencement of demolition. Delivery of updated notice by U.S. Postal Service, commercial delivery service, or hand delivery is acceptable (C) In no event shall an operation covered by this paragraph begin on a date other than the date contained in the w ritten notice of the new start date. (4) Include the following in the notice: (i) An indication of whether the notice is the original or a revised notification. (ii) Name, address, and telephone number of both the facility owner and operator and the asbestos removal contractor owner or operator. (iii) Type of operation: demolition or renovation. (iv) Description of the facility or affected part of the facility including the size (square meters (square feel] and number of floors), age. and present and prior use of the facility. (v) Procedure, including analytical methods, employed to detect the presence of RACM and Category [ and Category II nortfriable ACM. (vi) Estimate of the approx irr.a'e amount of RACM to be removed from the facility in terms of length of pipe in linear meters (linear feet), surface area in square meters (square feet) on other facility components, or volume in cubic meters (cubic feet) if off the facility components. Also, estimate the approximate amount of Category I and Category II nonfriable ACM in the affected part of the facility that will not be removed before demolition. (vii) Location and street address (including building number or name and floor or room number, if appropriate), city, county, and state, of the facility being demolished or renovated. (viii) Scheduled starting and completion dates of asbestos removal work (or any other activity, such as site preparation that would break up, dislodge, or similarly disturb asbestos material) in a demolition or renovation: planned renovation operations involving individual nonscheduled operations shall only include the beginning and ending dates of the report period ns described in paragraph (a)(4)(iii) of this section. (ix) Scheduled starting and completion dates of demolition or renovation. (x) Description of planned demolition or renovation work to be performed and n:cthori(s) lo be employed, including demolition or renovation techniques to he used and description of affected facility components. |\i) Description of work practices and engineering controls lo be used to comply with the requirements of this subpart. including asbestos removal and waste-handling emission control procedures. (xii) Name and location of the Waste disposal site where the asbestoscontaining waste nuteiia! will be deposited. (xiii) A certification that at least one person trained as required by paragraph ( ,;)(8) of this section will supervise the stripping and removal described by this notification. This requirement shall become eifoctive 1 year after promulgation of this regulation. (xiv) For facilities Jescribed in paragraph (e)Ul of this section, the njme. title, und authority of the State or local government representative who has ordered the demolition, the date that the order was issued, and the date on which the demolition was ordered to begin. A ropy ol the order shall be attached to the notification. (xvl For emergency renovations desenbed in paragraph (a;<4)|iv) of this section, the dale anil hour that the emergency occurred, o description of the sudden, unexpected event. and an rcpl.ination of hew the event caused an unsafe Condition, or w.,uid cause equipment d.image or eri unreasonable financial burden. |xvi] Description of procedures to be fultowe-1 in the even! that unexpected RACM is found or Category II nonfriable ACM becomes crumbled, pulverized, or reJuced to powder. (xvii) Name, address, and telephone number of the waste transporter. (5) The information required in paragraph (h)(4) of this section must be reported using a form similiar to that shown in Figure 3. (c) Procedures for asbestos emission control. Each owner or operator ol a demolition or renovation activity to whom this paragraph applies, according to paragraph (a) ol this section, shall comply with the following procedures: |!) Remove all RACM from a facility being demolished or renovated before any activity begins that would break up. dislodge, or similarly disturb the material or preclude access to the material for subsequent removal. RACM need not be removed before demolition if- |i) It is Category I nonfriable ACM that is not in poor condition and is not friable. (ii) It is on a facility component that is encased in concrete nr other similarly LAM 017324 DPMC-11054 Federal Register / Vo). 55. No. 224 / Tuesday. November 20. moo / Kules and Regulations 48421 hard material and is adequately wet whenever exposed during demolition: or (iii) It was not accessible for testing and was. therefore, not discovered until after demolition began and. as a result of the demolition, the material cannot be safely removed. If not removed for safely reasons, the exposed RACM and any asbestos-contaminated debris must be treated as asbestos-containing waste material and adequately wet at all times until disposed of. (iv) They are Category 11 nonfriable ACM and the probability is low that the materials will become crumbled, pulverized, or reduced to powder during demolition. (2) When a facility component that contains, is covered with, or is coated with RACM is being taken out of the facility as a unit or in sections: (i) Adequately wet all RACM exposed during cutting or disjoining operations: and (ii) Carefully lower each unit or section to the floor and to ground level, not dropping, throwing, sliding, or otherwise damaging or disturbing the RACM. (3) When RACM is stripped from a facility component while it remains in place in the facility', adequately wet the RACM during the stripping operation. (i) In renovation operations, wetting is not required if: (A) The owner or operator has obtained prior written approval from the Administrator based on a written application that wetting to comply with this paragraph would unavoidably damage equipment or present a safety hazard: and (B) The owner or operator uses of the following emission control methods: (/) A local exhaust ventilation and collection system designed and operated to capture the particulate asbestos material produced by the stripping and removal of the asbestos materials. The system must exhibit no visible emissions to the outside air or be designed and operated in accordance with the requirements in 61.152. 12) A glove-bag system designed and operated to contain the particulate asbestos material produced by the stripping of the asbestos materials. (3) Leak-tight wrapping to contain all RACM prior to dismantlement. (>i) In renovation operations where wetting would result in equipment damage or a safety hazard, and the methods allowed in paragraph (c)(3)(i) of this section cannot be used, another method may be used after obtaining w'ritien approval from the Administrator based upon a determination that it is equivalent to wetting in controlling emissions or to the methods allowed in paragraph (c)(3)(i) of this section. (iii) A copy of the Administrator's written approval shall be kept at the worksite and made available for inspection. (4) After a facility component covered with, coated with, or containing RACM has been taken out of the facility as a unit or in sections pursuant to paragraph (c)(2) of this section, it shall be stripped or contained in leak-tight wrapping, except as described in paragraph (c)(5) of this section. If stripped, either: (i) Adequately wet the RACM during stripping; or (ii) Use a local exhaust ventilation and collection system designed and operated to capture the particulate asbestos material produced by the stripping. The system must exhibit no visible emissions to the outside air or be designed and operated in accordance with the requirements in 61.152. (5) For large facility components such as reactor vessels, large tanks, and 6team generators, but not beams (which must be handled in accordance with paragraphs (c)l2). (3). and (4) of this section), the RACM is not required to be stripped if the following requirements are met: (i) The component is removed, transported, stored, disposed of. or reused without disturbing or damaging the RACM. (ii) The component is encased in a leak-tight wrapping. (iii) The leak-light wrapping is labeled according to 5 61.149(d)(l)(i). (ii). and (iii) during all loading and unloading operations and during storage. (6) For all RACM. including material that has been removed or stripped: (i) Adequately wet the material and ensure that it remains wet until collected and contained or treated in preparation for disposal in accordance with 61.150; and (ii) Carefully lower the material to the ground and floor, not dropping, throwing, sliding, or otherwise damaging or disturbing the material. (iii) Transport the material to the ground via leak-tight chutes or containers if it has been removed or stripped more than 50 feet above ground level and was not removed as units or in sections. (iv) RACM contained in leak-tight wrapping that has been removed in accordance with paragraphs (c)(4) and (c)(3)(i)(B)(3) of this section need not be wetted. (7) When the temperature at the point of welting is below 0 'C (32 *F): (t) The owner or operator need not comply with paragraph |c)(2)(i) and the wetting provisions of paragraph (t.||3) of this section. (ii) The owner or operator shall remove facility components containing, coated with, or covered with RACM as units or in sections to the maximum extent possible. (iii) During periods when welting operations are suspended due to freezing temperatures, the owner or operator must record the temperature in the area containing the facility components at the beginning, middle, and end of each workday and keep daily temperature records available for inspection by the Administrator during normal business hours at the demolition or renovation site. The owner or operator shall retain the temperature records for at least 2 years. (8) Effective 1 year efler promulgation of this regulation, no RACM shall be stripped, removed, or otherwise handled or disturbed at a facility regulated by this section unless at least one on-sitc representative, such as a foreman or management-level person or other authorized representative, trained in the provisions of this regulation and the means of complying with them, is present. Every 2 years, the trained on site individual shall receive refresher training in the provisions of this regulation. The required training shall include as a minimum: applicability: notifications: material identification: control procedures for removals including, at least, wetting, local exhaust ventilation, negative pressure enclosures, glove-bag procedures, and High Efficiency Particulate Air (HEPA) filters: waste disposal work practices: reporting and recordkeeping: and asbestos hazards and worker protection Evidence that the required training has been completed shall be posted and made available for inspection by the Administrator at the demolition or renovation site. (9) For facilities described in paragraph (a)(3) of this section, adequately wet the portion of the facility that contains RACM during the wrecking operation. (10) If a facility is demolished by intentional burning, all RACM including Category I and Category II nonfriable ACM must be removed in accordance with the NESHAP before burning. 8IU.ING CODE S-SO-M_ LAM 017325 DPMC-11055 48422 Federal Register / Vol. 55. No. 224 / Tuesday. November 20. 19S0 / Rules and Regulations NOTIFICATION OF DEMOLITION AND RENOVATION Operator Project t | Pos cmark Date Received Notification t I. TV'PE OF KOTIFICAT ION 0-0n.jl.nal A-Revlsed C-Cancelled ) XI. FACILITY INFORMATION < identify owner, removal contractor, and other operator ) OWNER NAME: AdJrecai C 11 y State i Zip* Cor.tart i Tel i REMOVAL CONTRACTOR: Addret t i City: Statet Zipi Contact t Tell OTHER OPERATOR! Al.'.f'tt I City* Statei Zipi Cent act: Tel i III. TYPE OF OPERATION D-Demo O"Ordered Deno R-Renovation E Eiaer.Renovation )i IV. IS ASBESTOS PRESENT? ( Tea/Ho > V. FACILITY DESCRIPTION ( Include building name, number and floor or room number j Bldg Name: Addrecti City i Sito Location! Statei Countyt 1 Building Siiei 1 of Floor*: Age in Ye&rwi Pretent Usei j Prior Utei VI. PROCEDURE, INCLUDING ANALYTICAL METHOD, IF APPROPRIATE, USED TO DETECT THE PRESENCE OF ASaESTOS MATERIAL: w VII. APPROXIMATE AMOUNT OF ASBESTOS, INCLUDING: 1. Regulated ACM to be reroved 7. Category I ACM Not Removed 3. Category 11 ACM Hot Removed RACM To Pe Removed Ronf rlable Ajtbectoe Material Not To Be Removed Cat I Cat II Indicate Unit of Measurement eelow UNIT ?;pei; LnFt i Ln n i Surface Area SqFt i Sq Df voi AAt'M Off Facility Corpor.ent CuTti Cu a i VIII. SCHEDULED DATES ASBESTOS REMOVAL (MX/DU/TT) Start. Complete. SCHEDULED DATES DEHO/RENOVATION |KM/DD/Y1 Stem Complete. Continued on page two riq'j.i' ;. "iouf icstion of Dorrolition and Renovation LAM 017326 DPMC-11056 Federal Register / Vol. 55. No. 224 / Tuesday, November 20. 1990 / Rules and Regulations NOTIFICATION OF DEMOLITION AND RENOVATION (continued) X. DESCRIPTION OF PLANNED DEMOLITION OR RENOVATION WORX, AND METHOD(S) TO BE USED: XI. DESCRIPTION OF WORK PRACTICES AND ENGINEERING CONTROLS TO BE USED TO PREVENT EMISSIONS OF ASBESTOS AT THE DEMOLITION AND RENOVATION SITE: 4S423 XII. WASTE TRANSPORTER II City Contact Person. WASTE TRANSPORTER (2 Name i Addressi Cityi Contact Perconi XIII. WASTE DISPOSAL SITE Statei State t tipi Te lephor.e i Up. Telephone. H | ~ fl 1 Namei Location! Clly, Statei lipi Telephone* XIV. IF DEMOLITION ORDERED BY A GOVERNMENT AGENCY, PLEASE IDENTIFY THE AGENCY BELOW: Hiaat Titlei Authority. Cate of Order (KJ1/0D/YYI Date Ordered to Beqtn <KM/DD/YY)i XV. FOR EMERGENCY RENOVATIONS Date and Hour of Emergency (KM/DO/YY)' Description of the Sudden, Unexpected Event! N M | Explanation cf how the event caused uncafe condition* or would cause equipment damage or an unreasonable financial burdeni XVI. DESCRIPTION OF PROCEDURES TO BE FOLLOWED IN THE EVENT TEAT UNEXPECTED ASBESTOS IS FOUND OR PREVIOUSLY NONFRIABLE ASBESTOS MATERIAL BECOMES CRUMBLED, PULVERIZED, OR REDUCED TO POWDER. XVI. I CERTIFY THAT AN INDIVIDUAL TRAINED IN THE PROVISIONS OF THIS REGULATION (40 CFR PART 61, SUBPART H) WILL BE ON-SITE DURING THE DEMOLITION OR RENOVATION AND EVIDENC THAT THE REQUIRED TRAINING HAS BEEN ACCOMPLISHED BY THIS PERSON WILL BE AVAILABLE FOR INSPECTION DURING NORMAL BUSINESS HOURS. (Required I year after promulgation) (Signature of Owner/Operator) XVII. I CERTIFY THAT THE ABOVE INFORMATION IS CORRECT. (Date| (Signature of Ovmer/Operator) (Date) Figure 3. notification of Demolition and Renovation O'lUHC CODE 6560-50-C LAM 017327 DPMC-11057 4S424 Federal Register / Vol. 55. No. 224 / Tuesday. November 20. 1990 / Rules and Regulations 9. Section 61.148 is redesignated as 61.146 and is amended by revising paragraphs (a), the introductory text of (b). paragraph (b)(2). and paragraph (d) to read as follows: 61.146 Standard tor spraying. (a) For spray-on application on buildings, structures, pipes, and conduits, do not use material containing more than 1 percent asbestos as determined using the method specified in appendix A. subpart F. 40 CFR part 763, section 1. Polarized Light Microscopy, except as provided in paragraph (c) of this section. (b) For spray-on application of materials that contain more than 1 percent asbestos as determined using the method specified in appendix A. subpart F. 40 CFR part 763. section 1, Polarized Light Microscopy, on equipment and machinery, except as provided in paragraph (c) of this section: (2) Discharge no visible emissions to the outside air from spray-on application of the asbestos-containing material or use the methods specified by 61.152 to clean emissions containing particulate asbestos material before they escape to. or are vented to. the outside air. (d) Owners or operators of sources subject to this paragraph are exempt from the requirements of 61.05(a). 61.07 and 61.09. 10. Section 61.149 is redesignated as 61.147. paragraphs (b) (1) and (2) are revised, and paragraphs (b)(3) through (b)(8) are added to read as follows: 61.147 Standard tor fabricating. (b) ' ' (1) Discharge no visible emissions to the outside air from any of the operations or from any building or structure in which they are conducted or from any other fugitive sources: or (2) Use the methods specified by 61.152 to clean emissions containing particulate asbestos material before they escape to. or are vented to. the outside air. (3) Monitor each potential source of asbestos emissions from any part of the fabricating facility, including air cleaning devices, process equipment, and buildings that house equipment for material processing and handling, at least once each day. during daylight hours, for visible emissions to the outside air during periods of operation. The monitoring shall be by visual observation of at least 15 seconds duration per source of emissions. (4) Inspect each air cleaning device at least once each week for proper operation and for changes that signal the potential for malfunctions, including, to the maximum extent possible without dismantling other than opening the device, the presence of tears, holes, and abrasions in filler bags and for dust deposits on the clean side of bags. For air cleaning devices that cannot be inspected on a weekly basis according to this paragraph, submit to the Administrator, and revise as necessary, a written maintenance plan to include, at a minimum, the following: (i) Maintenance schedule. (ii) Recordkeeping plan. (5) Maintain records of the results of visible emission monitoring and air cleaning device inspections using a format similar to that shown in Figures 1 and 2 and include the following: (i) Date and time of each inspection. (ii) Presence or absence of visible emissions. (iii) Condition of fabric filters, including presence of any tears, holes, and abrasions. (iv) Presence of dust deposits on clean side of fabric filters. (v) Brief description of corrective uctions taken, including date and lime. (vi) Daily hours of operation for each air cleaning device. (6) Furnish upon request and make available at the affected facility during normal business hours for inspection by the Administrator, all records required under this section. (7) Retain a copy of all monitoring and inspection records for at least 2 years. (8) Submit quarterly a copy of the visible emission monitoring records to the Administrator if visible emissions occurred during the report period. Quarterly reports shall be postmarked by the 30th day following the end of the calendar quarter. 11. Section 61.150 is redesignated as 61.148 and revised to read as follows: 61.148 Standard (or Insulating materials. No owner or operator of a facility may install or reinstall on a facility component any insulating materials that contain commercial asbestos if the materials are either molded and friable or wet-applied and friable after drying. The provisions of this section do not apply to spray-applied insulating materials regulated under 61.146. 12. Section 61.151 is redesignated as 61.149 and is amended by revising paragraphs (a), (bj. introductory text of (cj. (c)(1) (ii) and |ni). and (c)(2). and adding new paragraphs (d) through (f) to read as follows: 61.149 Standard (or waste disposal (or asbestos mills. (a) Deposit all asbestos-containing waste material at a waste disposal site operated in accordance with the provisions of 5 61.154; and (b) Discharge no visible emissions to the outside air from the transfer of control device asbestos waste to the tailings conveyor, or use the methods specified by 61.152 to clean emissions containing particulate asbestos material before they escape to. or are vented to. the outside air. Dispose of the asbestos waste from control devices in accordance with 61.150(a) or paragraph (c) of this section: and (c) Discharge no visible emissions to the outside air during the collection, processing, packaging, or on-site transporting of any asbestos-containing waste material, or use one of the disposal methods specified in paragraphs (c) (1) or (2) of this section, as follows: 11) * * * (ii) Discharge no visible emissions to the outside air from the wetting operation or use the methods specified by 61.152 to clean emissions containing particulate asbestos material before they escape to. or are vented to. the outside air. (iii) Wetting may be suspended when the ambient temperature at the waste disposal site is less than --9.5 *C (15 'F). as determined by an appropriate measurement method with an accuracy of 1"C ( 2 *F). During periods when wetting operations are suspended, the temperature must be recorded at least at hourly intervals, and-records must be retained for at least 2 years in a form suitable for inspection. (2) Use an alternative emission control and waste treatment method that has received prior written approval by the Administrator. To obtain approval for an alternative method, a written application must be submitted to the Administrator demonstrating that the following criteria are met: (i) The alternative method will control asbestos emissions equivalent to currently required methods. (ii) The suitability of the alternative method for the intended application. (iii) The alternative method will not violate other regulations. (iv) The altemativejnethod will not result in increased water pollution, land pollution, or occupational hazards. (d) When waste is transported by vehicle to a disposal site: LANl 017328 DPMC-11058 Federal Register / Vol. 55. No. 224 / Tuesday. November 20. 1990 / Rules and Regulations 48425 (1) Mark vehicles used to transport asbestos-containing waste material during the loading and unloading of the waste so that the signs are visible. The markings must: (i) Be displayed in such a manner and location that a person can easily read (he legend. |ii) Conform to the requirements for 51 cm X 36 cm (20 in X 14 in) upright format signs specified in 29 CFR 1910.145(d)(4) and this paragraph: and (iii) 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 DANCER ASBESTOS DUST HAZARD CANCER AND LUNC DISEASE HAZARD Authorized Personnel Only Notation 2.5 cm (1 inch) Sans Serif. Coth.c or Block 2.5 cm (1 inch) Sans Serif. Cothic or Block 1.9 cm ( inch) Sans Serif. Cothic or Block 14 Point Cothic Spacing between any two lines must be a least equal to the height of the upper of the two lines. (2) For off site disposal, provide a copy of the waste shipment record, described in paragraph (e)(1) of this section, to the disposal site owner or operator at the same time as the asbestos-containing waste material is delivered to the disposal site. (e) For all asbestos-containing waste material transported off the facility site: (1) Maintain asbestos waste shipment records, using a form similar to that shown in Figure 4. and include the following information: (1) The name, address, and telephone number of the waste generator. (ii) The name and address of the local. State, or EPA Regional agency responsible for administering the asbestos NESHAP program. (iii) The quantity of the asbestoscontaining waste material in cubic meters (cubic yards). (iv) The name and telephone number of the disposal site operator. (v) The name and physical site location of the disposal site. (vi) The date transported. (vii) The name, address, and telephone number of the transporter(s). (viii) A certification that the contents of this consignment are fully and accurately described by proper shipping name and are classified, packed, marked, and labeled, and are in all respects in proper condition for transport by highway according to applicable international and government regulations. (2) For waste shipments where a copy of the waste shipment record, signed by the owner or operator of the designated disposal site, is not received by the waste generator within 35 days of the date the waste was accepted by the initial transporter, contact the transporter and/or the owner or operator of the designated disposal site to determine the status of the waste shipment. (3) Report in writing to the local. Stale, or EPA Regional office responsible for administering the asbestos NESHAP program for the waste generator if a copy of the waste shipment record, signed by the owner or operator of the designated waste disposal site, is not received by the waste generator within 45 days of the date the waste was accepted by the initial transporter. Include in the report the following information: (i) A copy of the waste shipment record for which a confirmation of delivery was not received, and (ii) A cover letter signed by the waste generator explaining the efforts taken to locate the asbestos waste shipment and the results of those efforts. (4) Retain a copy of all waste shipment records, including a copy of the waste shipment record signed.by the owner or operator of the designated waste disposal site, for at least 2 years. (f) Furnish upon request, and make available for inspection by the Administrator, ell records required under this section. biujnc coot issa-so-u LAM 017329 DPMC-11059 ,48426 . Federal Register / .VoL55,-No. 224 / Tuesday, November 20,1990 / Rules and Regulations 1. Work site name ana mailing address Owner's name 2: Operator's name ana address 3. Waste disposal site (WDS).-name, mailing address, and physical site. location 4: Name, and address of responsible.agency.,; Owner's telephone no. Operator's telephone no. WDS .. phone ho.. ' \ . ..Generator- 5;- 'Description of materials- / 6..; Containers 7. Total quantity Type m^ .(yd^) 8.: -Special handling instructions and. addj.tl.onal'yinformation- - 9.. OPERATOR'S .CERTIFICATION: .I^he.reby. declare .-.that the contents of this '^ consignment are "fully and accurately -described above by proper shipping ." nanie.'arid'.afe. classifled, packedyi marked,`'''an`d`'labeledI and are in all i respects in. proper condition-for'trarispoVt by "highway according to. ' i 'applicable international and.gbvefnment:c.regu.latjons. . Printed/typed'name *& 'ti t 1 e~y-' *m'~ Signature Month Day Year ' " 10. Transporter..! (Acknowledgment'bf.receipt:,of.jfaterials) ; y". Transporter .frinted/typea name & title Address and telephone no. Signature Month Day Year 11. Transporter 2 (Acknowledgment of receipt of. materials) Printed/typed nametitle Signature Month Day Year Address and telephone no. Ol 12. Discrepancy indication space - on 13. Waste disposal s.ite OQ. -.- owner or operator: Certification of receipt of. asbestos materials covered bV 'this manifest-except as noted in item 12. .' .yPrintea/typed. name & title s - Signature Month Day Year (Continued) Figure 4. Waste Shipment Record lam 017330 DPMC-11060 Federal Register / Vol. 55, No. 224 / Tuesday. November 20. 1900 / Rules and Regulations 48427 INSTRUCTIONS Waste Generator Section (Items 1-9} j 1. Enter the name of the facility at which asbestos waste is generated anc 1 the address where the facility is located. In the appropriate spaces, also enter the name of the owner of the facility and the owner's pr.cn-e ! number. : i 2. If a demolition or renovation, enter the name and address of the company| and authorized agent responsible for performing the asbestos removal. In the appropriate spaces, also enter the pnone number of the operator, j 3. Enter the name, address, and physical site location of the waste ' disposal site (WDS) that will be receiving the asbestos materials. In the appropriate spaces, also enter the phone numoer of the WOS. E~ter ; "on-site" ;f the waste will be disposed of on the generator's proper'-.-. . 1. Provide the name and address of the local, State, or EPA Regional :f-fi:ei responsible for administering the asbestos NESHAP program. *j 5. Indicate the types of asbestos waste materials generated. If from a demolition or renovation, indicate the amount of asbestos that is - Friable asbestos material - Nonfriable asbestos material 6. Enter the number of containers used to transport the asbestos materials listed in item 5. Also enter one of the following container codes used in transporting each type of asbestos material (specify any other type of container used if not listed below): DM - Meta) drums, barrels DP - Plastic drums, barrels BA - 6 mil plastic bags or wrapping 7. Enter the quantities of each type of asbestos material removed in units of cubic meters (cubic yards). 8. Use this space to indicate special transportation, treatment, storage or disposal or Bill of Lading information. If an alternate waste disposal site is designated, note it here. Emergency response telephone numbers or similar information may be included here. 9. The authorized agent of the waste generator must read and then sign and date this certification. The date is the date of receipt by transporter. NOTE: The waste generator must retain a copy of this form. Figure 4. Waste Shipment Record (continued) LAW1 017331 DPMC-11061 43428 Federal Register / Vol. 55, No. 224 / Tuesday, November 20, 1S90 / Rules and Regulations Transporter Section (Items 10 S 11) !0. 11. Enter name, address, and telephone number of each transporter used, if applicable. Print or type the full name and title of person accepting responsibility and acknowledging receipt of materials as listed on this waste shipment record for transport. Enter date of receipt and signature. MOTE: The transporter must retain a copy of this form. Disposal Site Section (Items 12 & 13) 12. The authorized representative of the WDS must note in this space any discrepancy between waste described on this manifest and waste actually received as well as any improperly enclosed or contained waste. Any rejected materials should be listed and destination of those materials provided. A site that converts asbestos-containing waste material to nonasoestos material is considered a WDS. 13. The signature (by hand) of the authorized WDS agent indicates acceptance and agreement with statements on this manifest except as noted in item 12. The date is the date of signature and receipt of shipment. MOTE: The WDS must retain a completed copy of this form. The WDS must also send a completed copy to the operator listed in iters 2. BIUJNG COOE 6550-50--C Figure 4. Waste Shipment Record LAM 017332 DPMC-11062 Federal Register / Vol. 05. No. 224 / Tuesday, November 20. 1990 / Rules und Regulations 48429 -,1. Section Cl .152 is redesignated a9 < (-,1.150 and js revised to read as follows. 5 61.150 Standard lor waste disposal lor manufacturing, fabricating, demolition, renovation, and spraying operations. F.iich owner or operator of any source covered under ihe provisions of (51.114. 61.145. 61.146. and 61.147 shall complv with the following provisions: (a) Discharge no visible emissions to the outside air during the colicclion. processing (including incineration), packaging, or transporting of any asbestos-containing waste material generated by the source, or use one of the emission control and waste treatment methods specifietl in paragraphs (a) (1) through (4) of this section. (1) Adequately wet asbestoscontaining waste material as follows: (i) Mix control device asbestos waste to form a slurry: adequately wet other asbestos-containing waste material: and (n) Discharge no visible emissions to the outside air from collection, mixing, welting, and handling operations, or use the methods specified by 61.152 to clean emissions containing particulate asbestos material before they escape to. or are vented to. the outside air: and (in) After wetting, seal all asbestoscontaining waste material in leak-tight containers while wet: or. for materials that will not fit into containers without additional breaking, put materials into leak-tight wrapping: and |n) babel Ihe containers or w rapped materials specified in paragraph (a|(lj(iii) of this section using warning labels specified by Occupational Safety and Health Standards of the Department of Labor. Occupational Safety and Health Administration (OSHA) under 29 CKR 1910.10011i){2) or 1926.5|k)(2)liii). The labels shall be printed in tetters of sufficient size and contrast so as to be readily visible and legible. (i) For asbestos-containing waste material to be transported off the facility site, label containers or wrapped materials with the name of the waste generator and the location at which the waste was generated. (21, Process asbestos-containing waste material into nonfriable forms as fullows: (i) Form all asbestos-containing waste materia! into nonfriable pellets or other shapes: (ii) Discharge no visible emissions to Ihe outside air from collection and processing operations, including incineration, or use the method specified by 61.152 to clean emissions containing particulate asbestos material before they escape to. or are vented to. Ihe outside air. (2) For facilities demolished where the RACM is not removed prior to demolition according to 61.145(c)(1) (i). (ii). (iii). and (iv| or for facilities demolished according to 61.145(c)(9). adequately wet asbestos-containing waste material at all times after demolition and keep wet during handling and loading for transport to a disposal site. Asbestos-containing waste materials covered by this paragraph do not have to be sealed in leak-tight containers or wrapping but may be transported and disposed of in bulk. (4) Use an alternative emission control and waste treatment method that has received prior approval by the Administrator according to the procedure described in 61.149(c)(2). (5) As applied to demolition and renovation, the requirements of paragraph (a) of this section do not apply to Category l nonfriable ACM waste and Category II nonfriable ACM waste that did not become crumbled, pulverized, or reduced to powder. (b) All asbestos-containing waste material shall be desposited as soon as is practical by the waste generator at: (1) A waste disposal site operated in accordance with the provisions of 61.154. or (2) An EPA-approved site that converts RACM and asbestoscontaining waste material into r.cnasbestos (asbestos-free) material according to the provisions of 61.155. (3) The requirements of paragraph (b) of this section do not apply to Category 1 nonfriable ACM that is not RACM. (c) Mark vehicles used to transport asbestos-containing waste material during the loading and unloading of waste so tha< the signs are visible. The markings must conlorm to the requirements of 1 61.149(d)(1) (<). (ii). and (iii). (d) For all asbestos-containing waste material transported off the facility site: (1) Maintain waste shipment records, using a form similar to that 6hown in Figure 4. and include the following information: (i) The name, address, and telephone number of the waste generator. (ii) The name and address of the local. State, or EPA Regional office responsible for administering Ihe asbestos NESHAP program. (m| The approximate quantity in cubic meters (cubic yards). (iv) The name and telephone number of the disposal site operator. (v) The name and physical site location of the disposal site. (vi) The date transported. (vii) The name, address, and telephone number of Ihe transporterlM (viii) A certification that the contents of this consignment are fully and accurately described bv proper shipping name and are classified, packed, marked, and labeled, and are in all respects in proper condition for transport by highway according to applicable international and government regulations |2) Provide a copy of the waste shipment record, described in paragraph (d)(1) of this section, to the disposal site owners or operators at the same time as the asbestos-containing waste material is delivered to the disposal site. 13) For waste shipments where a copy of the waste shipment record, signed by the owner or operator of the designated disposal site, is not received by the waste generator within 35 days of the date the waste was accepted by the initial transporter, contact the transporter and/or the owner or operator of the designated disposal site to determine Ihe status of the waste shipment. (4] Report in writing to the local. State, or FTA Regional office responsible lor administering the asbestos NESHAP program for the waste generator if a copy of the waste shipment record, signed by the owner or operator of the designated waste disposal site, is not received by the waste generator within 45 days of the date the waste was accepted by the initial transporter. Include in the report the following information: |i) A copy of the waste shipment record for which a confirmation of delivery was not received, and (n) A cover letter signed by the waste genctalor explaining the efforts taken to locate the asbestos waste shipment and the results of those efforts (5) Retain a copy of all waste shipment records, including a copy of the waste shipment record signed by the owner or operator of the designated waste disposal site, for at least 2 years. |e) Furnish upon request, and mnke available for inspection by the Administrator, all records required under this section. 14. Section 61.153 is redesignated hs 61.151 and is amended by revising the introductory text, paragraphs (a)(2). (a)(4). and (b);3). and adding paragraphs (d) and (c) to read as follows: 61.151 Slandard lor inactive waste disposal sites lor asbestos mills and manufacturing and fabricating operations. Each owner or operator of any inactive waste disposal site that was operated by sources covered under LAM 017333 DPMC-11063 48430 Federal Register / Vol. 55, No. 224 / Tuesday. November 20, 1990 / Rules and Regulations 5 61.142. 61.144. or 61.147 and received deposits of asbestos-containing waste materia! generated by the sources, shall: (a) ' ' (2) Cover the asbestos-containing waste material with at least 15 centimeters {8 inches) of compacted nonasbestos-containing material, and grow and maintain a cover of vegetation on the area adequate to prevent exposure of the asbestos-containing waste material. In desert areas where vegetation would be difficult to maintain, at least 8 additional centimeters (3 inches) of well-graded, nor.asbestos crushed rock may be placed on top of the final cover instead of vegetation and maintained to prevent emissions: or (4) For inactive waste disposal sites far asbestos tailings, a resinous or petroleum-based dust suppression agent that effectively binds dust to control surface air emissions may be used instead of the methods in paragraphs (a) (1). (2). and (3) of this section. Use the agent in the manner and frequency recommended for the particular asbestos tailings by the manufacturer of the dust suppression agent to achieve and maintain dust control. Obtain prior written approval of the Administrator to use other equally effective dust suppression agents. For purposes of this paragraph, any used, spent, or other waste oil is not considered a dust suppression agent. (b) * * ' (3) When requesting a determination on whether a natural barrier adequately deters public access, supply information enabling the Administrator to determine whether a fence or a natural barrier adequately deters access by the general public. (d) Notify the Administrator in writing a! least 45 days prior to excavating or otherwise disturbing any asbestoscontaining waste material that has been deposited at a waste disposal site under this section, and follow the procedures specified in the notification. If the excavation will begin on a date other than the one contained in the original notice, notice of the new start date must be provided to the Administrator at least 10 working days before excavation begins and in no event shall excavation begin earlier than the date specified in tiie original notification. Include the following information in the notice: (1) Scheduled starting and completion dates. (2) Reason for disturbing the waste. (3) Procedures to be used to control emissions during the excavation. storage, transport. 8nd ultimate disposal of the excavated asbestos-containing waste material. Lf deemed necessary, the Administrator may require changes in the emission control procedures to be used. (4) Location of any temporary storage site and the final disposal site. (e) Within 60 days of a site becoming inactive and after the effective date of this subpart, record, in accordance with State law, a notation on the deed to the facility property and on any other instrument that would normally be examined during a title search: this notation will in perpetuity notify any potential purchaser of the property that: (1) The land has been used for the disposal of asbestos-containing waste material: (2) The survey plot and record of the location and quantity of asbestoscontaining waste disposed of within the disposal site required in 5 61.154(f) have been filed with the Administrator, and (3) The site is subject to 40 CFR part 61. subpart M. 15. Section 61.154 is redesignated as 5 61.152 and amended by removing paragraph (a)(l)(i). redesignating paragraphs (a)(l)(ii)-(iv) as paragraphs (a) (l)(i)-(iii). redesignating paragraph (b) (2) as paragraph (b)(3), revising the introductory text of paragraph (a) and paragraphs (b)(1) and (b)(3), and adding paragraphs (a)(3) and (b)(2) to read as follows: 61.152 Air cleaning. (a) The owner or operator who uses air cleaning, as specified in 61.142(a). 61.144(b)(2). 81.145(cH3)(i)(B)(7). 61.145(c)(4)(ii).61.145(c)(11)(i), 61.146(b)(2). 01.147(b)(2). 61.149(b). 61.149(c)(l)(ii). 61.150{a)(l){ii), 61.150(a)(2)(ii). and 61.155(e) shall: (3) For fabric filter collection devices installed after January 10,1989. provide for easy inspection for faulty bags. (b) * * * (1) After January 10.1989, if the use of fabric creates a fire or explosion hazard, or the Administrator determines that a fabric filter is not feasible, the Administrator may authorize as a substitute the use of wet collectors designed to operate with a unit contacting energy of at least 9.95 kilopascals (40 inches water gage pressure). (2) Use a HEPA filter that is certified to be at least 99.97 percent efficient for 0.3 micron particles. (3) The Administrator may authorize the use of filtering equipment other than described in paragraphs (a](l) and (b)(1) and (2) of this section if the owner or operator demonstrates to the Administrator's satisfaction that it is equivalent to the described equipment in filtering particulate asbestos material. 18. Section 61.155 is redesignated as 61.153 and amended by redesignating paragraphs (a)(3) and (a)(4) as paragraphs (a)(4) and (a)(5J. respectively, revising the introductory ' text of paragraphs (a), (a)(4). and (a)(5) and revising paragraphs (a)(2), (a)(4)(ii) and (iii), and (b), and adding paragraph (a)(3) to read as follows: 61.153 Reporting. (a) Any new source 1o which this subpart applies (with the exception of sources subject to 61.143, 61.146. and 61.148). which has an initial startup dale preceding the effective date of this revision, shall provide the following information to the Administrator postmarked or delivered within 90 days of the effective date. In-the case of a new source that does noHiave an initial startup date preceding the effective date, the information shall be provided, postmarked or delivered, within 90 days of the initial startup date. Any owner or operator of an existing source shall provide the following information to the Administrator within 90 days of the effective date of this subpart unless the owner or operator of the existing source has previously provided Shis information to the Administrator. Any changes in the information provided by any existing source shall be provided to the Administrator, postmarked or delivered, within 30 days after the change. (2) If a fabric filter device is used to control emissior.3. (ij The airflow permeability in mV min/m* (ft3/m:n/ftJ) if the f ibric filter device uses a woven fabric, and. if the fabric is synthetic, whether the fill yam is spun or not spun; and (ii) If the fabric filter device uses a felled fabric, the density in g/m* (oz/ yd*), the minimum thickness in millimeters (inches), and the airflow permeability in ms/min/m* (ft3/min/ ft2)(3) If a HEPA filter is used to control emissions, the certified efficiency. (4) For sources subject to 5 5 01.149 and 61.150: (ii) The average volume of asbestuscontainir.g waste material disposed of, measured in m'/d.iy (yd3/Jay): and (iii) The emission control methods used in all stages of waste disposal; and (5) For sources subject to 01.151 and 61.154: LAM 017334 DPMC-11064 Federal Register / Vol. 55. No. 224 / Tuf-sd.iy. November 20. 1990 / Rules and Regulations 18431 (iij The ijilii'rmiRm required by paragraph (a) uf ibis section must accompany lire information required by { smo. Active waste drsposn! sees fjl.jiM-: to 5 cl 154 shall also comply ,;h this provision. Roadways. l;. r-.oii:!..:r anil r-nui .itiuii M-ruying. njid insulating n..r.iir;a!s are exempted ( i;n; the rt'-purem-'e's of 61.10(a). The jnf-irm.ilion described in this section n*uSt be r'-ported using the formal of Apoomf> A of this pjrt ns a guide. 17. Section Bl.lbn is redesignated as 5 61 144 and amended by revising the introductory lex I of 64.154. paragraphs (!) and !d). and adding, paragraphs (e| ihro igh (|) to read as fellows: 161.154 Standard tor active waste disposal s*(es Kdi.h owner or operator of an active w as!e disposal site that receives i.shestosccnt.lining waste material from -source coveieJ under 61.14!1. 61.150. or til .155 shall meet the requirements of tr:s sect.on: |; i Rather than m-.-L-l the no visible i mission requirement of paragraph (a) of l*.is section, at die end of each e.peraling i: iv. or i! least once every 24-hour i nod while the site is in continuous i ia riition. Il.e a jbes'es-cent.lining v..is!e maleriai that has been deposited i t the site during the operating day or g .inns 24-hour period shod: (!) Be covered with at least 15 i nt.meters [6 inches) o! compacted n.in.isbesios conla'ning material, or iJi He covered with a resinous or petroleum-based dust suppression agent ih.it effectively binds dust and controls v. ind erosion. Such an agent shall be i -ed m ihe manner and frequency r--s nnur.emied for the particular dust by the dust suppression agent manufacturer In achieve and maintain dusl control. Other equally effective dust suppression agents may be ustj upon prior approval l.v ihc A.Imie.istre'or. For purposes of ibis paragraph, any used, spent, or other o isti- oil is not considered a dusl s -ppross-on agent. ( I) R.i'her than meet '.he no visible -m:;.v.iin requirement of paragraph (a) of tins section, use an alternative emissions control method that has ri -'.eived prior written approval by the Administrator according to the procedures described in 5 61 149(c)(2). (>) For all asbestos-containing waste r ..iti.r.-al received, the owner or operator c-1 the active waste disposal site shall: Hi Ma-ntain waste shipment records, u.-mg a form simitar In that shewn in t gu"e 4. and include the following i'll.;; motion: Id The name, address, and tei:-:'h:.i"i> t: -ini.er u! the waste g-Ti-rator (ii) The name, address, and telephone number of the iranspi>rter|s). (ill) The quantity of the nsliesto.scoc.'atn.f'g wjet..- ni.iVr; if u cuni:: meters [cubic yards). (v) 1 he presence of improperly enclosed or uncovered waste or any asbestos-containing waste material not sealed in lead-light containers. Report in writing to iii= lor.nl. Slate, or ETA Pegional office responsible for administering the asbestos N'KSHAI' pmgrum for the waste generator (-drtntified in the waste shipment record), and. if different, the local. Stale, or EPA Regional office responsible for administering the asbestos NEStlAP I ..`Ogre nt for the disposal site, by the following working day. the presence of a significant amount ol improperly enclosed or uncovered waste. Submit a copy ol the waste shipment record along with the report. (. The date of the receipt. (2) .As soon as possible and no longer titan 40 days after receipt of the waste, send a copy of the signed waste shipment record to the waste generator. |J) Upon discovering a discrepancy l-etween the quantity of waste designated on the waste shipment records and the quantity actually received. attempt to reconcile the discrepancy with the waste generator If the discrepancy is nut resolved within 45 days after receiving the waste, immediately report in writing to the local. State, or EPA Regional office responsible for administering the asbestos NESMAP program for the waste generator (identified in the waste shipment record), and. if different, the local. State, or EPA Regional office responsible for administering the asbestos NF.SHAP program for the disposal site. Describe the discrepancy and attempts to reconcile it. and submit, a copy cf the waste shipment record along with the report. (4) Retain a copy ol all records and reports required by this paragraph for at leas! 2 years. (f) Maintain, until closure, records cf the location, depth and area, and quantity in cubic meters (cubic yards) c( asbestos containing waste material within the disposal site on a map or diagram of die disposal area. (g) Upon closure, comply with nil the provisions uf 61.154. (hi Submit to the Administrator. upon closure of the facility, a copy of records of asbestos waste disposal locations and quantities (:) Furnish upon request, and r.'.ak- available during normal busmens hours for iespeclior. by the Administrator all record- requiri-d under Ins srrtu-u. !)) Notify the Administrator in writing u' least 45 days prior to excavating or otherwise disturbing any asbestoscontaining waste material iha! has been deposited at a waste disposal site and is covered. If the excavation wiil begin on djle other than the one contained in lee original notice, notice of the new start dale mus' he provided to the Administrator at least 10 working days before excavalion begins and in no even; shall excavation begin earlier than the date specified in the original notification. Include the following informa'inn in the notice: (1) Scheduled starting and completion (tales. (2) Reason for disturbing the waste. (3) Procedures lo be used to control emissions during the excavation, storage, transport, and ultimate disposal cf the excavated asbestos-containing waste material. If deemed necessary, the Adminis'ialur may require changes in the emission comrol procedures lo be used. (4) Location of any temporary storage site and the final disposal site. 19. Section 61.155 is added to subpart M to rend as follows: 61.155 Standard (or operations that convert asbe&to-contalnmg waste material into nonasbestos (asbestos-free) material. Each owner or operator of an operation that converts RACM and asbestos-containing waste material into r.-onasbestos (asbestos-free) material shall: (aj Obtain the prior written approval of the Administrator to construct the facility. To obtain approval, the owner ur operator shall provide the Administrator with the following information: (1) Application lo construct pursuant to 61.07. (2) Ip. addition lo the information tequiremenls of 61.07(b)(3). a |i) Description of waste feed handling and temporary storage. I'i) Description of process operating renditions. (iii) Description of the handling and temporary storage of the end product. (iv: Description of the protocol to be followed when analyzing output materials by transmission electron microscopy. (31 Performance lest protocol, including pi ovisions for obtaining inhumation required under paragraph lb) of this section. (4)The Administrator may requir v that a demonstration of the-process be performed prior to approval r.f the nup'-cation to construct. LAM 017335 DPMC-11065 48432 Federal Register / Vol. 55. No. 224 / Tuesday. November 20. 1990 / Rules and Regulations (b) Conduct a start-up performance lest. Test results shall include: (1) A detailed description of the types and quantities of nonasbestos material. RACM. and asbestos-containing waste material processed, eg., asbestos cement products, friable asbestos insulation, plaster, wood, plastic, wire, etc. Test feed is to include the full range of materials that will be encountered in actual operation of the process. (2) Results of analyses, using polarized light microscopy, that document the asbestos content of the wastes processed. (3) Results of analyses, using transmission electron microscopy, that document that the output materials are free of asbestos. Samples for analysis are to be collected as 8-hour composite samples (one 200-gram (7-ounce) sample per hour), beginning with the initial introduction of RACM or asbestoscontaining waste material and continuing until the end of the performance test. (4) A description of operating parameters, such as temperature and residence time, defining the full range over which the process is expected to operate to produce nonasbestos (asbestos-free) materials. Specify the limits for each operating parameter within which the process will produce nonasbestos (asbestos-free) materials. (5) The length of the test. (c) During the initial 90 days of operation. (1) Continuously monitor and log the operating parameters identified during start-up performance tests that are intended to ensure the production of nonasbestos (asbestos-free) output material. (2) Monitor input materials to ensure that they are consistent with the test feed materials described during start-up performance tests in paragraph (b)(1) of this section. (3) Collect and analyze samples, taken as 10-day composite samples (one 200gram (7-ounce) sample collected every 8 hours of operation) of all output material for the presence of asbestos. Composite samples may be for fewer than 10 days. Transmission electron microscopy (TEM) shall be used to analyze the output material for the presence of asbestos. During the initial 90-day period, all output materials must be stored on-site until analysis shows the material to be asbestos-free or disposed of as asbestos-containing waste material according to 5 61.150. (d) After the initial 90 days of operation. (1) Continuously monitor and record the operating parameters identified during start-up performance testing and any subsequent performance testing. Any output produced during a period of deviation from the range of operating conditions established to ensure the production of nonasbestos (asbestosfree) output materials shall be: (1) Disposed of as asbestos-containing waste material according to 61.150. or (ii) Recycled as waste feed during process operation within the established range of operating conditions, or (iii) Stored temporarily on-site in a leak-light container until analyzed for asbestos content. Any product material that is not asbestos-free shall be either disposed of as asbestos-containing waste material or recycled as waste feed to the process. (2) Collect and analyze monthly composite samples (one 200-gram (7ounce) sample collected every 8 hours of operation) of the output material. Transmission electron microscopy shall be used to analyze the output material for the presence of asbestos. (e) Discharge no visible emissions to the outside air from any part of the operation, or use the methods specified by 61.152 to clean emissions containing particulate asbestos material before they escape to. or are vented to. the outside air. (f) Maintain records on-site and include the following information: (1) Results of start-up performance testing and all subsequent performance testing, including operating parameters, feed characteristic, and analyses of output materials. (2) Results of the composite analyses required during the initial 90 days of operation under 61.155(c). (3) Results of the monthly composite analyses required under 61.155(d). (4) Results of continuous monitoring and logs of process operating parameters required under 61.155 (c) and (d). (5) The information on waste shipments received as required in ' 61.154(e). (6) For output materials where no analyses were performed to determine the presence of asbestos, record the name and location of the purchaser or disposal site to which the output materials were sold or deposited, and the date of sale or disposal. (7) Retain records required by paragraph (f) of this section for at least 2 years. (g) Submit the following reports to the Administrator: (1) A report for each analysis of product composite samples performed during the initial 90 days of operation. (2) A quarterly report, including the following information concerning activities during each consecutive 3month period: (i) Results of analyses of monthly product composite samples. (ii) A description of any deviation from the operating parameters established during performance testing the duration of the deviation, and steps taken to correct the deviation. (iii) Disposition of any product produced during a period of deviation, including whether it was recycled, disposed of as asbestos-containing waste material, or stored temporarily on-site until analyzed for asbestos content. |iv) The information on waste disposal activities as required in 5 61.154(f). (h) Nonasbestos (asbestos-free) output material is not subject to any of the provisions of this subpart. Output materials in which asbestos is detected, or output materials produced when the operating parameters deviated from those established during the start-up performance testing, unless shown by TEM analysis to be asbestos-free, shall be considered to be asbestos-containing waste and shall be handled and disposed of according to 61.150 and 61.154 or reprocessed while all of the established operating parameters are being met. 19. Section 61.156 is added to subpart M to read as follows: 61.156 Cross-reterence to other asbestos regulations. In addition to this subpart, the regulations referenced in Table I also apply to asbestos and may be applicable to those sources specified in 61.142 through 61.151. 61.154. and 61.155 of this subpart. These cross-references are presented for the reader's information and to promote compliance with the cited regulations. LAM 017336 DPMC-11066 Federal Register / Vcl. 55. No. 22-1 / Tuesday. November 20. 1990 / Rules and Regulations 48433 20. Section 61.157 is added Id subpart M to read as follows: 61.157 Delegation of authority. (a) In delegating implementation and enforcement authority to a State under section 112(d) of the Act. the an'hon'ics contained in paragraph (b) of this section shall be retained by the Administrator and not transferred to a Slate. (b) Authorities that will not be delegated to States: (1) Section 61.1T9(rj(2) |2j Section 01.150(a)(4) (3) Section 0l.l5!(c) (4) Section 61.132(b)(3) (5) Section 61.151(d) (6) Section 61.155(a). IKK Doc. 90-;aa;5 Kited 11 -10-00; 8 J5 am | cootBILLING 6SLO-SC U Table i --Cross Reference toOther Asbestos Regulations Agency CFR Citation IPA 40 CFR 763. Subcarl E. f OSMA tJ. SHA COT <0 CFR 427 ................. 40 CFR 763. Suboar: G j 29 CFR 19KM001 .. 29 CFR 1925.S8 i i 30 CFR 56. Subpart 0 5 j 30 CFR S?. Subpart 0 ' 49 CFR 171 and 172 CO'Tvrwjnt i Requires schools to inspect tor asbestos a<x3 implement response aci-ons and tuormi asbesios management ptans to States. Species use of acciedited inspectors, a? sanpting methods, and waste disposal procedures : Effluent standards lor asbestos manufacturing source categories ; Protects putMC empioyens performing ashesios abatement work m Slavs not covered by OShA asbestos standard. ; Worker protection measures--engineering controls. worker training, label.rg, respi ratory protection, bagging of waste. 0 2 f/cc perrrussibfe exposure level i worker protection measures for aft construction wo^v invotvmg asbestos, mefuon g ' demo'lion and renovation--work practices. wtyker tretrxng. bgg*ng o< waste. C2 f/cc pe.'*ssd>ie exposure level. " i Speof*es exposures kmrts. engineering controls. a^d respvaiory protection meas ures tor workers in surface mmes. Specifies exposure Wrwis. engineering contd*s. and respiratory protection moa.-t.res lor workers m underground m*nes. Regufates the transportation o* asbcstos conta-ning waste material. Requires waste containment and shipping papers. , LAM 017337 DPMC-11067