Document pp5qqOJ3GvwyY0r7LovqjDeZX

A/C Pipe Producers Association TO Executive Committee from FAWelch, Vice President Internal Correspondence 2^ *^ DATE; April 13, 1984 subject: IRS/Environmental Protection Agency (EPA) - Clean Air Act; Amendments to National Emission Standard for Asbestos REF: (1) JFW correspondence, EPA - Clean Air Act; Proposed Amendments to National Emission Standards for Asbestos, August 5,1983 ACTION REQUIRED: Review for information Enclosed is a final rule amending the National Emission Standard for Asbestos. As indicated in the above reference, the changes do not relate to A/C pipe manufacturing facilities but do reword and rearrange the rule for clarity. If you have any questions, please do not hesitate to call. JFW/ajb Enclosure cc: A. Kahn, Esq. copies to: Executive Committee L. Ambler J. Bogart L. Taylor 0172041212 Chrono CAPCO JEN 0032140 Thursday April 5, 1984 * ' ;'f'' '* . * Part IV Environmental.. V:' Protection Agency":';? 40 CFR Part 61 . . National Emission Standards for Hazardous Air Pollutants; Amendments to Asbestos Standard; Final Rule CAPCO JEN 0032141 1365a Federal Register'/ VoL 49, No. 67 / Thursday, April 5,1984 / Rules and Regulations ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 61 \ IAD-FRL 2515-81 National Emission Standards (or Hazardous Air Pollutants; Amendments to Asbestos Standard agency: Environmental Protection Agency (EPA): action: Final rule. ` practice requirements of the NESHAP - Public Participation were not authorized by the 1970 The amendments were proposed in - Amendments to the Clean Air Act under the Federal Register on July 13,1983 (48 " ' ` which they were originally promulgated. FR 32126). To provide interested persons The 1977 Amendments to the Act , ' the opportunity for oral presentation of specifically authorize such data, views, or arguments concerning requirements. On June 19,1978 (43 FR the proposed amendments, a public .... _ : 26372), EPA repromulgated many of the hearing was held on August 9,1983, at requirements under authority of the 1977 Research Triangle Park, North Carolina. Amendments, and today's action. - The hearing was open to the public and ...... repromulgates the following remaining' each attendee was given an opportunity . requirements in a new Subpart M of 40... to comment on the proposed CFR Part 61., ! " amendments. The public comment:' ;j summary: Amendments to the national emission standard for asbestos were proposed in the Federal Register on July 13,1983 (48 FR 32126). This action promulgates the amendments under Section 112 of the Clean Air Act as amended in 1977. The intended effect of the amendments is to reinstate work practice and equipment provisions of the standard that were held not to be emission standards by the U.S. Supreme 1. Section 61.143 reinstates a . period was from July.13,1983, to ' prohibition of surfacing roadways with - September 9.1983..- asbestos tailings or asbestos containing . Fifteen comment letters were received - waste. - and two interested parties testified at ; . . 2. Sections 61.145(c) and 61.147(g) ' the public hearing concerning issues reinstate a partial exemption for relative to the proposed amendments. demolition operations for structurally *:' The comments have been carefully . unsound buildings. . ... 3. Section 61.147(e) reinstates the requirement that asbestos removed during demolition or renovation be kept.. considered and. where determined* to be. appropriate by the Administrator,.. changes have been made.to the proposed amendments:"-'.' .. Court in 1978. They also reword and wet until it is collected for disposal. It Summary of Comments and Changes to rearrange the standard for clarity. also requires that the asbestos not be -. the Proposed Amendments .. .. effective date: April 5,1984. Under Section 307(b)(1) of the Clean Air Act. judicial review of these amendments is - available only by the filing of a petition for review in the U.S. Court of Appeals for the District of Columbia Circuit within 60 days of today's publication of this rule. Under Section 307(b)(2) of the Clean Air Act, the requirements that are the subject of today's notice may not be challenged later in civil or criminal proceedings brought by EPA to enforce these requirements. . addresses: Docket. A docket, number A-83-02, containing information considered by EPA in development of the promulgated amendments, is . available for public inspection between 8:00 a.m. and 4:00 p.m.. Monday through Friday, at EPA's Central Docket Section (LE-131), West Tower Lobby, Gallery 1, 401M Street. SW,, Washington, D.C. 20460. A reasonable fee may be charged for copying. " FOR FURTHER INFORMATION CONTACT: Mr. Robert L. Ajax. Standards Development Branch, Emission Standards and Engineering Division (MD-13), U.S. Environmental Protection Agency, Research Triangle Park, North Carolina 27711. telephone (919) 5415578. SUPPLEMENTARY INFORMATION: The Amendments The amendments reinstate portions of dropped or thrown to the ground or a Comments on the proposed " lower floor and that asbestos removed - amendments were received from ; more than 50 feet above ground level be industry. Federal agencies, State and - transported to the ground in dust-tight local air pollution control agencies, and - chutes or containers (unless it is . private citizens. The following summary .... removed in units or sections). .* of comments and responses serves as 4. Section 61.147(f) reinstates the basis for the revisions that have . alternative work practices that may be been made to the proposed.. - .. .' : used for removal of asbestos prior to amendments. Most of the letters - ' demolition when there are freezing contained multiple comments, some of'." temperature conditions at the point which were outside the scope of this- where the asbestos is being wetted. , - . rulemaking. Those comments have been 5. Section 61.150 reinstates the summarized in Item No. IV-EM of ; prohibition of installation of certain Docket No. A-83-02. They are being - molded or wet-applied insulating / evaluated in conjunction with the . materials that contain commercial " comprehensive review of the asbestos asbestos. NESHAP that is currently underway! 8, Sections 61.151(a) and 61.152(a) Most of the remaining comments - simply refer to the requirements of ` . pertain to the effect that rewording and Section 61.156. rearranging the proposed amendments . 7. Sections 61.151 (b) and (c); 61.152(b) (1), (2), and (3); 61.153(a) (2), (3), and (4):. 61.154; and 61.156 (c) and (d) reinstate .. alternative work practices or equipment that may be used in lieu of complying with a no visible emission limit. `. had on the original meaning and intent of the asbestos NESHAP. Some of them. also pertain to the reasonableness of- : those requirements being repromulgated " (see list in the section entitled "The - Amendments"). The comments are * discussed below and are organized . 8. Sections 81.153(b) and 61.158(b) according to the sections of the reinstate the requirement for warning proposed amendments to which they signs and fencing around asbestos pertain. waste disposal sites if (1) the owner or operator chooses to comply with a no Section 61.141 . .. visible emission limit rather than follow One commenter noted that the specified work practices, and (2) there is proposed definition ofdemolition" no natural barrier to deter access by the deletes the previous reference to "any general public. related removing or stripping of friable . the asbestos NESHAP that were In addition to these requirements, asbestos materials" and recommended equipment or work practice today's action clarifies the asbestos restoring the definition to the old' requirements. The Supreme Court held NESHAP by rewording and rearranging wording. The commenter believes that in Adamo Wrecking Company v. United it into a new Subpart M of 40 CFR Part the new wording may be interpreted to States. 434 U.S. 275 (1978) that work 61. not include removing and stripping. CAPCO JEN 0032142 ,13660 Federal Register / VoL 49, No. 67 / Thursday, April 5, 1984 / Rules and Regulations'-- pointed out that the use of yi inch is currently being investigated in the . a facility to a waste disposal site on a - - not in keeping with EPA's metric - review of the asbestos NESHAP: the no daily basis." The commenter stated that : program. The errors noted by the ' - visible emission limit, the exemption the economics of doing this would be commenter have been corrected in the from wetting requirements during astronomical. For example, the cost of final rule. " ' freezing weather, and the exemption for hauling a small number of bags to a ' . Section 61.155 , '.. 'j- structurally unsound buildings. EPA will disposal site 40 miles away would be ' " . evaluate the effect of these provisions V- . very high, and the contractor would wait r.- - One commenter requested and determine whether they need to be - until a full load had accumulated. c V<- clarifies tion of the Agency's intent in -. revised. That evaluation is beyond the ' The Agency has carefully considered - 61.155, which requires that existing scope of today's rulemaking, however.' - this comment and concluded that no . sources covered by the asbestos ; The amendments are intended to changes to the regulation are needed - .- NESHAP provide to the Agency within reinstate the provisions of the original - since it refers to a discussion in the -; -. 90 days information regarding their- - .. NESHAP and not to include new. preamble to the proposed amendments!' asbestos emission control methods. The provisions or delete any of the original ' -There are no requirements in the : commenter asked if renotification and . ones. Therefore, no changes are being ; NESHAP that asbestos waste be - --Jr : resubmission would be required if they made to these portions of the proposed - transported to a disposal site daily: ' ' " had already complied with these same requirements in the old designation . 61.24. ^ EPA does not intend that existing sources of asbestos emissions resubmit notifications that were originally required by the standard promulgated in 1973. The wording of $ 61.155 has been revised to accurately reflect EPA's _ intent ... - ...- '....... ' Miscellaneous - ` i One commenter expressed the opinion that the proposed amendments do not . amendments. Three commenters said.that the j-' In response to the commenter's - ---> amendments improve the clarity and suggestion to drop all references to the . ' readability of the asbestos NESHAP and economic impact of the proposed amendments, the Agency believes that -economic impact on the regulated entities is one of many factors that should be considered when setting two indicated that the required work practices are currently being used by .their companies. Two commentere noted typographical errors, which have been "' correctedin the final rule. Other minor standards under Section 112 of the . changes were made in the final rule to ' Clean Air Act. Any adverse economic . impact on society resulting from .inadequate regulations for a hazardous air pollutant would be of concern to EPA' as it would be a consequence of adverse ' ensure that the new wording accurately reflects the intent of the original regulation and to further clarify the requirements. , ' , sufficiently correct the weakness of the . public health effects. The current review - Docket - : >' y - NESHAP regulations and that they of the NESHAP will include an - - . represent a "crude slap in the face to ` evaluation of this aspect of regulating \.' asbestos victims and will create health asbestos to determine if more stringent hazards of such proportions that new ... requirements are needed. ;-- generations of asbestos victims will be One commenter said that the guaranteed." Ke supported his opinion .- requirement in 61.146(c)(3) to explain- - with the following arguments:- J.' the techniques of estimation of the 1. The no visible emission limitis not ' amount of asbestos for certain' adequate for regulating airborne. V'"' demolition jobs seems to be a new asbestos because it does not takeinto . requirement because he could not locate' - account the substantial asbestos disease ' it in the old regulation. The requirement risk when emissions that are not visible - was in 61.22(d)(l)(ii) of the old are present ~ ` regulation. . The docket is an organized and ;complete file of all the information submitted to or otherwise considered by EPA in the development of this, rulemaking. The principal purposes of.... the docket are: (1) To allow, interested :. parties to identify readily and locate .. .documents so that they can'effectively participate in the rulemaking process; and (2) to serve as the record in case of ' judicial review, except for interagency . review materials ( 307(d)(7)(A)). - ~ : - 7 2. The proposed reinstatement of the " ' One commenter said that States that - .Miscellaneous \ :: r i ", - exemption from certain'wetting requirements during demolition ' operations in freezing temperatures " - should not be allowed. Weather conditions that do not allow wetting are enforcing the asbestos NESHAP sometimes have a different interpretation of regulations than EPA. . and suggested that EPA provide clarification of intent for the States. . A review of this' regula tion has begun. This review will include an assessment .of such factors as the need for - - . . integration with other programs, the should also not allow asbestos to be-.- ~ - ' Under the Clean Air Act, States are '. existence of alternative'methods, removed. Wetting requirements are free to require more stringent asbestos enforceability, improvements in - ` ... important because they can reduce dust emission control measures than those in - emission control technology and health levels by a power of 10. '' - . - the asbestos NESHAP. EPA does, data, and reporting requirements. 3. Allowing exceptions when local however, provide EPA enforcement Under E.0.12291, EPA must judge entities pronounce buildings structurally determinations to States that have been whether a regulation is "major" and unsound is tantamount to opening a way delegated authority to enforce the therefore subject to the requirement of a for widespread violation of health NESHAP. These determinations include Regulatory Impact Analysis. Tfci3 ... practices. " '. EPA's interpretations of portions of the regulation is not major because it does ' y 4. Under no circumstances should ' regulation as questions arise concerning not meet any of the criteria specified in visible emissions be allowed. them, and they are very useful in the Executive Order regarding the - 5. All references to the economic ensuring consistency of enforcement annual effect on the economy; increase impact should be dropped. EPA should among the States and EPA Regional concern itself with the economic impact Offices. in cost or prices; or adverse effects on competition, employment, investment,- _. on society, which ends up paying for One commenter said that there is a productivity, innovation, or the ability of disease victims produced by inadequate statement in the proposal preamble that U.S. enterprises to compete with foreign work regulations. is not true. It says, "Demolition and enterprises. -' The first four of the commenter's renovation contractors typically Information collection requirements statements concern issues that are transport the asbestos they remove from associated with this rule (40 CFR 61.07, I -1 CAPCO JEN 0032143 .v . Federal Register / Vol. 49, No. 67 / Thursday, April 5. 1984 / Rules and Regulations ' '13659 :' EPA intended that the proposed The commenter indicated that although - interpreted to mean that the asbestos - - definition or "demolition" describe.the . the situations are not planned or .has to stay wet even after it is properly . .; activities that occur when a facility is scheduled, they are expected to occur. bagged and sealed. " demolished as distinguished from They would, therefore, fit the definition The intent of the requirement to keep "renovation." as the terms are used in of "planned renovation operation" in friable asbestos materials wet during all ' 1 the regulation. The primary 61.141 that says, "Individual remaining stages of demolition was to . ~ distinguishing activity is that load- nonscbeduled operations are included if ensure that the asbestos materials that -. _ supporting structural members are a number of such operations can be have been removed or stripped but not . .5 wrecked or taken out in a demolition predicted to occur during a given period yet disposed of are not allowed to dry . operation but not in a renovation. of time." out so that asbestos fibers become ' ' Asbestos stripping or removal may occur in either but should not be used to define the primary activity of demolition or renovation. Section 61.145 clearly ' states that when demolition or . renovation operations meet certain specified criteria regarding asbestos materials in the facility, they are subject to the regulation. Also, 61.147 clearly specifies that stripping or removal of asbestos materials during demolition or renovation must be carried out in accordance with the standard. It is not necessary to repeat these provisions in the definition of "demolition." One commenter noted that the proposed definition of renovation would Section 61.143 One commenter noted that the word "or" between "operators" and * ' "demolition" in 5 61.145(e) should be changed to "of." He indicated that the proper wording would show what he believed to be the Agency's intent to limit applicability of the regulations to only "wreckers and renovators" and not to include facility owners and operators. The commenter is correct that the word "or" should be changed to "of," and this correction hasbeen made. However, the commenter's interpretation that the regulations apply to only "wreckers and renovators" and airborne. If they are properly sealed in ".->* leak-tight containers or bags while wet. they should not dry out before they can . ~ be transferred to an acceptable disposal :-. site. In any case, after they are bagged, V the waste disposal requirements in 61.152 (and not 61.147) would apply to the handling of the asbestos materials. To clarify the meaning of this portion of the standard, the wording of 61.147(e)(1) has been revised to v indicate that the asbestos materials ' must be kept wet until they are collected '., for disposal in accordance with 61,152. ' They would be considered "collected" when they are properly bagged. . apply only to removal of asbestos and not to facility owners and operators is Section 6T.1S0 not to stripping and recommended that incorrect. The general provisions of 40 the new definition be as comprehensive CFR Part 61 define "owner or operator" as the old one. . - ns any person who owns, leases, EPA did not intend to omit the word operates, controls, or supervises a "stripping" from the definition of ' stationary source (40 CFR 61.02(1)). The ' "renovation" at the time of proposal. stationary source in this case is the However, EPA has reevaluated the demolition or renovation operation. The `definition to determine the wording that demolition or renovation contractor would be the most useful and . would clearly be considered an owner informative for the regulation. As or operator by "operating" the discussed m the response to the stationary source. The facility owner or One commenter asked for clarification - of the intent of 61.150, which prohibits the installation of certain asbestos- containing insulating materials. It was not clear to him whether the prohibition affects manufacturing operations that use parts containing asbestos such as .. ; grommets, gaskets, string, etc. in their products. ' -' The preamble of the Federal Register previouscomment about'the definition of "demolition," the terms should be operator, by purchasing the services of notice that contained the original ^ ' the demolition or renovation contractor, standard for insulating materials (39 FR defined to describe the type of activity acquires ownership and control of the 33064; October 25.1974) discusses the - that is being carried out at a facility. operation and would, therefore, be the , intended applicability of the prohibition. Regardless of the presence or absence of "owner" for purposes of this standard. It is clear fora that discussion that the asbestos material, and the definition of Therefore, the standard applies to both prohibition was intended to apply to "renovation" has been revised the contractor and the facility owner or field installation of such insulating accordingly. operator. products as molded, asbestos-reinforced One commenter recommended restoring the phrase "based on operating Sections 61.146 and 61.147 blocks, sheets, and semicircular sections for pipe insulation; and powdered experience" to the definition of One commenter believes that the - asbestos cement products mixed into a "planned renovation" to clarify the wording in 61.146 and 61.147 is vague slurry and used to insulate.irregular basis for predicting future renovations with respect to identifying who is shapes. These installations would have involving asbestos removal.- The phrase subject to the requirements, unlike the been associated with construction was in the old definition. The . wording in 61.142, 61.143,61.144.- activities on buildings and other commenter's recommendation has been 61.148. and 61.149, which is restrictive in facilities. Therefore, the prohibition incorporated into the amendments. describing the regulated party. would not affect manufacturing One commenter requested EPA believes that the applicability of operations that use asbestos-containing clarification of the definition of 5 5 61.148 and 61.147 as described in parts in their products. The regulation "emergency renovation operation." He 61.145 adequately identifies those has been reworded to reflect EPA's asked whether it would include subject to the requirements of the intended effect of the prohibition. malfunctions, such as leaking valves, that require the removal of asbestos- demolition and renovation standard. One commenter questioned the intent Section 61.154 '' containing insulation. Although these of 61.147(e)(1). The regulation requires One commenter pointed out that the malfunctions are expected to occur, they that asbestos materials be adequately units in 61.154(a)(l)(iii) do not properly are not planned or scheduled. wetted to ensure that they remain wet relate square meters to square yards, EPA considers the type of occurrence during all remaining stages of demolition resulting in a lowering of the weight of described by the commenter to be part or renovation and related handling - the filter by about 20 percent from the of a planned renovation operation and operations. The commenter asked old requirement; i.e., 14 oz./sq. yd. is not not an emergency renovation operation. whether this requirement should be equal to 14 oz./sq. meter. In addition, he CAPCO JEN 0032144 Federal Register / Vol. 49. No. 67 / Thursday. April 5, 1984 / Rules and Regulations 13661 6L09, 61.10, 61.148, 61.148, and 61.155) 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 seg. and have been assigned OMB control number 2000-0264. - This regulation was submitted to the Office of Management and Budget (OMB) for review as required by E.O. 12291. ' - Pursuant to the provisions of 5 U.S.C. - 605(b). I hereby certify that thi3 rule, if promulgated, will not have a significant economic impact on any.small entities. List of Subjects in 40 CFR Part 61 Air pollution control, Asbestos, Beryllium, Hazardous materials, Mercury, Vinyl chloride. Dated: March 30,1984. William D. Ruckelshaus, - Administrator. - PART 61--[AMENDED) 40 CFR Part 61 is amended by redesignating Subpart B ( 61.20-61.25) as Subpart M and revising the new . Subpart M to read as follows: Subpart M--National Emission Standard tor Asbestos See. 61.140 Applicability. 61.141 Definitions'. 61.142 Standard for asbestos mills. 61.143 Standard for roadways. 61.144 Standard for manufacturing. 61.145 Standard for demolition and renovation: Applicability. 61.146 Standard for demolition and renovation: Notification requirements. 61.147 Standard for demolition and renovation: Procedures for asbestos emission control. .. 61.148 Standard for spraying. .61.149 Standard for fabricating. 61.150 Standard for insulating materials. 61.151 Standard for waste disposal for asbestos mills. - 61.152 Standard for waste disposal for manufacturing, demolition, renovation, spraying, and fabricating operations. 61.153 Standard for inactive waste disposal sites for asbestos mills and manufacturing and fabricating operations. 61.154 Air-cleaning.. . 61.155 Reporting. 61.158 Active waste disposal sites. Authority: Secs. 112 and 301(a) of the Clean Air Act, as amended (42 U.S.C. 7412.7601(a)). and additional authority as noted below. Subpart M--National Emission Standard for Asbestos 61.140 Applicability. The provisions of this subpart are applicable to those sources specified in 61.142 through 61.153. 61.141 Definitions. f apartment buildings having no more All terms that ar- used in this subpart than four dwelling units). . and are not define^-alow are given the Facility component means any pipe. same meaning as in the Act and in duct, boiler, tank, reactor, turbine, or Subpart A of this part. furnace at or in a facility; or any Active waste disposal site means any structural member of a facility. - disposal site other than an inactive site. Friable asbestos material means any Adequately wetted means sufficiently material containing more than 1 percent -' mixed or coated with water or an asbestos by weight that hand pressure aqueous solution- to prevent dust can crumble, pulverize, or reduce to emissions. ' . : powder when dry. Asbestos means the asbestiform Inactive waste disposalsite means varieties of serpentinite (chrysotile), riebeckite (crocidolite). cummingtonitegrunerite, anthophyllite, and actinolite- any disposal site or portion of it where . additional asbestos-containing waste material will not be deposited and ' tremoHte. Asbestos-containing waste materials means any waste that contains commercial asbestos and is generated by a source subject to the provisions of this subpart. This term includes asbestos mill tailings, asbestos waste from control devices, friable asbestos waste material, and bags or containers that previously contained commercial . asbestos. However, as applied to where the surfacfe is not disturbed by vehicular traffic. Manufacturing means the combining of commercial asbestos--nr, 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. demolition and renovation operations,.. Outside air means the air outside this term includes only friable asbestos buildings and structures. waste and asbestos waste from control Particulate asbestos material means devices. finely divided particles of asbestos Asbestos material means asbestos or . material. -, any material containing asbestos. Plannedrenovation operations means Asbestos mill means any facility a renovation operation, or a number of engaged in converting, or in any such operations, in which the amount of ' intermediate step in converting, friable asbestos material that will be asbestos ore into commercial asbestos. removed or stripped within a given Outside storage of asbestos material is period of time can be predicted. not considered a part of the asbestos Individual nonscheduled operations are - ' mill. included if a number of such operations Asbestos tailings means any solid ' can be predicted to occur during a given waste that contains asbestos and is a period of time based on operating - product of asbestos mining or milling experience. operations. Asbestos waste from control devices Remove means to take out friable asbestos materials from any facility. means any waste material that contains Renovation means altering in any way asbestos and is collected in a pollution one or more facility components. . . control device. Operations in which load-supporting Commercial asbestos means any structural members are wrecked of asbestos that is extracted from asbestos taken out are excluded. ore. - Demolition means the wrecking or taking out of any load-supporting structural member of a facility together with any related handling operations. Emergency renovation operations means a renovation operation that was ' Roadways means surfaces on which motor vehicles travel.This term includes highways, roads, streets, parking areas,. and driveways. . Strip means to take off friable asbestos materials from any part of not planned but results from a sudden, facility. unexpected event. This term includes Structural member means any load- operations necessitated by nonroutine supporting member of a facility, such as failures of equipment. beams and loan supporting walls; or any Fabricating means any processing of a nonload-supporting member, such as manufactured product that contains ceilings and nonload-supporting walls. commercial asbestos, with the exception Visible emissions means any of processing at temporary sites for the emissions containing particulate construction or restoration of facilities. asbestos material that are visually Facility means any institutional, detectable without the aid of commercial, or industrial structure, instruments. This does not include installation, or building (excluding' condensed uncombined water vapor.- I "i CAPCO JEN 003214-5 13662 Federal Register / Vol. 49, No. 87 / Thursday, April 5, 1984 / Rules and Regulations'-^' 61.142 Standard for asbestos mills, * . components, all the requirements of ' .- ", '(c) Include the following information - Each owner or operator of an asbestos 61.146 and 61.147 apply, except as . . in the notice: .. mill shall either discharge no visible - provided in paragraph (c) of this section. ' . (1) Name and address of owner or...:-. - ' emissions to the outside air from that (b) If the amount of friable asbestos -operator. - - - vi,-.:-.* asbestos mill or use the methods materials in a facility being demolished (2) Description of the facility being ' specified by 81.154 to clean emissions is less than 80 linear meters (260 linear demolished or renovated, including the containing particulate asbestos material feet) on pipes and less than 15 square - size, age, and prior use of the facility. before they escape to, or are vented to, .meters (160 square feet) on other facility . (3) Estimate of the approximate ' : the outside air. components, only the notification amount of friable asbestos material '- 61.143 Standard tor roadways. requirements of paragraphs (a), (b), and ''present in the facility. For facilities (c) (1), (2), (3). (4), and (5) of 61.146 ' described in 61.145(b), explain. ' ... No owner or operator of a roadway 'apply. . techniques of estimation. >}/} may deposit asbestos tailings or (c) If the facility is being demolished (4) Location of the facility being" asbestos-containing waste material on - ' under an order of a State or local 0 ' '"demolished 'or renovated.'- ' - - - that roadway, unless it is a temporary- governmental agency, issued because ; ! -(5) Scheduled starting and completion'- ?, ;. roadway on an area of asbestos ore - the facility is structurally unsound and .' dates of demolition or renovation.' li deposits.. - in danger of imminent collapse, only the fe) Nature.of planned demolition or 61.144 Standard for manufacturing. ' (a) Applicability: This section applies to the following manufacturing operations using commercial asbestos. (1) The manufacture of cloth, cord, wicks, tubing, tape, twine, rope, thread, yam, roving, lap, or other textile ... materials. - (2) The manufacture of cement products. (3) The manufacture of fireproofing . . requirements in 61.146 and in .. . , renovation and method(s) to be used.''":-": paragraphs (d), (e), (f).-and (g) of ': :. (7) Procedures to be used to comply - 61.147 apply. with the requirements of this Subpart (d) If at least 80 linear meters (260 . (8) Name and location of the waste ' linear feet) of friable asbestos materials disposal site where the friable asbestos/ '-.' - on pipes or at least 15 square meters waste material will be-deposited. . -. (160 square feet) of friable asbestos ' i .. (9) For facilities described in materials on other facility components .: .- 61.145(c), the name, title, and authority .. ' are stripped or removed at a facility ~ " of the State or local governmental . being renovated, all the requirements of , representative who has ordered the "I... ' 61.148 and 61.147 apply. .; (1) To determine whether paragraph ..' ' demolition. - " /,i;. V.. ' ." and insulating materials. (4) The manufacture of friction ` .(d) of this section applies to planned.. - '(Approved by the Office ofManagement and-. renovation operations involving . Budget under control number 2000-0264) - ... ... ' products. -. (5) The manufacture of paper,- millboard, and felt individual nonscheduled operations, 1 '.. .61.147 Standard for demolition and /V; - . predict the additive amount of friable r- renovation: Procedures for asbestos' ' . - asbestos materials to be removed or emission control. . ; . .. .' (S) The manufacture of floor tile. . (7) The manufacture of paints, coatings, caulks, adhesives, and ' ' sealants. ." V " [8) The manufacture of plastics and rubber materials. ' ' [91 The manufacture of chlorine. [10] The manufacture of shotgun shell- wads. - - (11) The manufacture of asphalt - concrete. ................ . (b) Standard: Each owner or operator' of any of the manufacturing operations to which this section applies shall either: stripped over the maximum period of '. \ . Each owner or operator to whom this time a prediction can be made, not to section applies shall comply with the : exceed 1 year. '. ; ' .. .. following procedures to prevent< 7 -. (2) To determine whether paragraph' '... emissions of particulate asbestos- (d) of this section applies to emergency / .material to the outside ain renovation operations, estimate the (a) Remove friable asbestos materials ' amount of friable asbestos materials to - from a facility being demolished or . be removed or stripped as a result of the renovated before any wrecking or ' sudden, unexpected event that dismantling that would break up the ".. . necessitated the renovation. " - materials or preclude access to the>,-> . '} -.' (e) Owners or operators of demolition , ' materials for subsequent removal. and renovation operations are exempt - ' "However, friable asbestos materials ; from the requirements of 61.05(a), need not be removed before demolition 61.07, and 61.09. ' (1) Discharge no visible emissions to the outside air from these operations or 61.146 Standard for demolition and . M They "are on a facility component -.. from any building or structure in which they are conducted: or ." renovation: Notification requirements. Each owner or operator to which this ' that is encased in concrete or other : --. similar material: and s (2) Use the methods specified by ' ' section applies shall: ' .-. . (2) These materials are adequately" 61.154 to clean emissions from these (a) Provide the Administrator with wetted whenever exposed during : -operations containing particulate asbestos material before they escape to, or are vented to, the outside air. written notice of intention to demolish < or renovate. ` ' * < ' ' (b) Postmark or deliver the notice as demolition.- ..'Ll ' - (b) When a facility component ` covered or coated with friable asbestos " ' follows: *. - materials is being taken out of the 61.145 Standard for demolition and renovation: Applicability. (1) At least 10 days before demolition begins if the operation is described in facility as units or in sections: (1) Adequately wet any friable The requirements of 61.148 and 61.145(a); asbestos-materials exposed during 61.147 apply to each owner or operator (2) At least 20 days before demolition cutting or disjointing operations: and of a demolition or renovation operation begins if the operation is described in (2) Carefully lower the units or as follows: (a) If the amount of friable asbestos 61.145(b): (3) As early a3 possible before '* sections to ground level, not dropping ' . them or throwing them. materials in a facility being demolished demolition begins if the operation is (c) Adequately wet friable asbestos- is at least 80 linear meters (260 linear - described in 61.145(c); materials when they are being stripped ' feet) on pipes or at least 15 square (4) As early as possible before - from facility components before the meters (160 square feet) on other facility renovation begins. members are removed from the facility. II CAPCO JEN 0032146 Federal Register / Vol. 49, No. 67 / Thursday, April 5, 1984 / Rules' and Regulations 13663 In renovation operations, wetting that- 61.143 Standard lor spraying. . would unavoidably damage equipment . The owner or operator of an operation is not required if the owner or operator. in which asbestos-containing materials . (1) Asks the Administrator to are spray applied shall comply with the determine whether wetting to comply following requirements: . with this paragraph would unavoidably (a) Use materials that contain 1 damage equipment, and, before percent asbestos or less on a dry weight * beginning to strip, supplies the , basis for spray-on application on Administrator with adequate ' buildings, structures, pipes, and information to make this determination; conduits, except as provided in - and paragraph (c) of this section. (2] When the Administrator does - (b) For spray-on application of ' ` ; determine that equipment damage - materials that contain more than 1 . would be unavoidable, uses a local . ... ' percent asbestos on a dry weight basis exhaust ventilation and collection on equipment and machinery, except as system designed and operated to provided in paragraph (c) of this section: capture the particulate asbestos (1) Notify the Administrator at least material produced by.the stripping and , 20 days before beginning the spraying removal of the friable asbestos . operation. Include the following materials. The system must exhibit no information in the notice: visible emissions to the outside air or be (1) Name and address of owner or designed and operated in accordance ' operator. with the requirements in 61.154. (ii) Location of spraying operation; (d) After a facility component has (iii) Procedures to be followed to meet been taken out of the facility as units or the requirements of this paragraph. in sections, either: (2) Discharge no visible emissions to (1) Adequately wet friable asbestos materials during stripping; or . (2) 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 61.154. (e) For friable asbestos materials that have been removed or stripped: (1) Adequately wet the materials to ensure that they remain wet until they ' are collected for disposal in accordance with 61.152: and . ......... '--- . (2) Carefully lower the materials to the ground or a lower floor, not dropping or throwing them; and the outside air from the spray-on application of the asbestos-containing material or use the methods specified by 61.154 to clean emissions containing particulate asbestos material before they escape to, or are vented to, the outside air. (c) The requirements of paragraphs (a) and (b) of this section do not apply to . the spray-on application of materials where the asbestos Fibers in the materials are encapsulated with a bituminous or resinous binder during . spraying and the materials are not friable after drying. (d) Owners and operators of sources subject to this section are exempt from the requirements of 61.05(a), 61.07, and 61.09. ,* (3) Transport the materials to the ground via dust-tight chutes or (Approved by the Office of Management and Budget under control number 2000-0264) containers if they have been removed or - 61.149 Standard for fabricating. 'stripped more than 50 feet above ground level and were not removed as units or in sections. ' (f) When the temperature at the point of wetting is below O'C (32"F): v (a) Applicability. This section applies to the following fabricating operations using commercial asbestos: (1) The fabrication of cement building ' products. (1) Comply with the requirements of . paragraphs (d) and (e) of this section. The owner or operator need not comply with the other wetting requirements in this section; and =. (2) The fabrication of friction products, except those operations that primarily install asbestos friction materials on motor vehicles. (3) The fabrication of cement or (2) Remove facility components silicate board for ventilation hoods: coated or covered with friable asbestos ovens: electrical panels; laboratory - materials as units or in sections to the furniture, bulkheads, partitions, and maximum extent possible.- ceilings for marine construction; and (g) For facilities described in flow control devices for the molten 61.145(c), adequately wet the portion metal industry. of the facility that contains friable (b) Standard. Each owner or operator asbestos materials during the wrecking of any of the fabricating operations to operation. which this section applies shall either (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 (2) Use the methods specified by 61.154 to clean emissions containing particulate asbestos material before they escape to, or are vented to, the outside air.. - 61.160 Standard for Insulating materials. After the effective date of this , regulation, 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 paragraph do not apply to spray- applied insulating materials regulated under 61.148. 61.151 Standard tor waste disposal for asbestos mills. . Each owner or operator of any source covered under the provisions of 61.142 shall: . V- (a) Deposit all asbestos-containing waste material at waste disposal sites operated in accordance with the provisions of 81.158; and (b) Discharge no risible emissions to ' . the outside air from the transfer of asbestos waste from control devices to . the tailings conveyor, or use the methods specified by 61.154 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 61.152(b) . or paragraph (c) of this section; and (c) Discharge no visible emissions to ' the outside air during the collection, . processing, packaging, transporting, or deposition of any asbestos-containing waste material, or use one of the disposal methods specified in .- paragraphs (c) (1) or (2) of this section. a3 follows: " - (1) Use a wetting agent as follows: . (i) Adequately mix all asbestoscontaining waste material with a wetting agent recommended by the manufacturer of the agent to effectively wet dust and tailings, before depositing the material at a waste disposal site. Use the agent as recommended for the particular dust by the manufacturer of the agent. (ii) Discharge no visible emissions to the outside air from the wetting operation or use the methods specified ' by 61.154 to clean emissions containing particulate asbestos material CAPCO JEN 0032147 13664 Federal Register / Vol. 49, No. 67 /> Thursday, April 5, 1984 / Rules and Regulations - before they escape to, or are vented to, - (i) Form all asbestos-containing waste , (i) Be posted in such a manner and ' -'. i' -'V the outside air. ... . material into nonfriable pellets or other location that a person can easily read (ili] ' "etting may be suspended when . shapes; and the legend; and . - ' ;\ the ambient temperature at the waste disposal site is less than --9.5*C (15*F). Determine the ambient air temperature by an appropriate measurement method with an accuracy of 1*C(2`F), and .. record it at least hourly while the wetting operation is suspended. Keep '" the records for at least 2 years in a form suitable for inspection. ' (ii) Discharge no visible emissions to the outside air from collection and processing operations, or use the ' ~ . methods specified by 81.154 to clean emissions containing particulate - asbestos material before they escape to, or are vented to, the outside air. (3) Use an alternative disposal method, that has received prior approval by the - (ii) Conform to the requirements for 51 cmX36 cm (20"X14") upright format v 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 ;V. ..." styles of a visibility at least equal to '- those specified in this paragraph.,: , ' V-~ * (2) Use an alternative disposal method that has received prior approval by the Administrator. .. 61.152 Standard for waste disposal for manufacturing demolition, renovation, spraying, and fabricating operations. Each owner or operator of any source Administrator. - - - ' ' -V. 61.153 Standard for Inactive waste - . disposal sites for asbestos mills and manufacturing and fabricating operations. '' Each owner or operator of any _ . inactive waste disposal site that was operated by sources covered under - * - . Notation . Asbestos Wut* Dispost! Stfc. 25" cm `(t inch) Sant $3, Gothic or B`ock '** Do Not Crest* D.*i 1.9 cm (Y* inch) Sans Serif, Gothic or Block - : Bfsafting Asbestos b Hz 14 Point Gothic. " '* rdoc to Your Hstfth. covered under the provisions of 61.142,61.144, or 61.149 and received 61.144-61.149 shall: deposits of asbestos-containing waste , Spacing between any two lines must be : [a] Deposit all asbestos-containing - material generated by the sources, shall . at least equal to the height of the upper ` waste material at waste disposal sites (a) Comply with one of the following: .' of the two lines. , Y operated in accordance with the (1) Either discharge no visible . (2) Fence the perimeter of the site in a provisions of 61.156; and emissions to the outside air from an . - ^manner adequate to deter access by the (b) Discharge no visible emissions to, inactive waste disposal site subject to general public. . . - ; . r. ..... the outside air during the collection,' this paragraph; or (3) Upon request and supply of- - Y processing {including incineration), (2) Cover the asbestos-containing , . . appropriate information, the Y packaging, transporting, or deposition of waste material with at least 15 Administrator will determine whethera any asbestos-containing waste material generated by the source, or use one of the disposal methods specified in ' ' - paragraphs (b)(1), (2), or (3) of this " section, as follows: (1) Treat asbestos-containing waste. material with water. ' (1) Mix asbestos waste from control devices with water to form a slurry; . centimeters (6 inches) of compacted . fence or a natural barrier adequately nonasbestos-containing material, and. - .deters access by the general public.- grow and maintain a cover of vegetation on the area adequate to prevent exposure of the asbestos-containing waste material; or ` - (3) Cover the asbestos-containing ` waste material with at least 60 centimeters (2 feet) of compacted (c) The owner or operator may use an - alternative control method that has . . received prior approval of the Administrator rather than comply with ` the requirements of paragraph (a) or (b) of this section, r---:. ':V>r;y y adequately wet other asbestos'-.''. nonasbestos-containing materiifl, and 61.154 Alr-eleanlng. . ". `, ' -j" containing waste material; and (ii) Discharge no visible emissions to the outside air from collection, mixing,; and wetting operations, or use the . methods specified by 81.154 to clean emissions containing particulate asbestos material before they escape to, or are vented to, the outside air; and (iii) After wetting, seal all asbestos-? ' maintain it to prevent exposure of the asbestos-containing waste; or (4) For inactive waste disposal sites for asbestos tailings; apply a resinous or: petroleum-based dust suppression agent that effectively binds dust and controls wind erosion. Use the agent as recommended for the particular asbestos tailings by the manufacturer of (a) The owner or operator who elects ` to use air-cleaning, as permitted by :;61.142, 61.144. 61.147(c)(2).' .. :Y\\ 61.147(d)(2), 61.148(b)(2), 61.149(b), 61.152(b)(l)(ii), and 61.152(b)(2) shall:? '. (1) Use fabric filter collection devices, except as noted in paragraph (b) of this : section, doing all of the following: containing waste material in leak-tight the dust suppression agent Obtain prior (i) Operating the fabric filter containers while wet; and :..... approval of the Administrator to use ' . collection devices at a pressure drop of (iv) Label the containers specified in ' other equally effective dust suppression '. no more than 4 inches water gage, as paragraph (b)(l)(iii) as follows: agents. For purposes of this paragraph, measured across the filter fabric; and ` . * CAUTION . \ -. waste crankcase oil is not considered.a ' (ii) Ensuring that the airflow " ;' Contains Asbestos- Avoid Opening or ,. Breaking Container . Brealhing Asbestos is hazardous - . to Your Health ' dust suppression agent . permeability, as determined by ASTM ' (b) Unless a natural barrier - 1 ` Method D737-75, does not exceed 9 m3/ adequately deters access by the general' min/m1 (30 ft3/min/ft3) for woven " - public, install and maintain warning ' fabrics or ll3/min/m:!(35 fts/min/ft*J .. ' signs and fencing as follows, or comply for felted fabrics, except that 12 m3/ with paragraph (a)(2) or (a)(3) of this min/m* (40 ft'min/ft*) for woven and 14 Alternatively, use warning labels section. _ m3/min/m* (45 ft 3min/ft*) for felted _ specified by Occupational Safety and (1) Display warning signs at all , fabrics is allowed for filtering air from ' Health Standards of the Department of entrances and at intervals of 100 m (330 asbestos ore dryers; and Labor, Occupational Safety and Health feet) or less along the property line of (iii) Ensuring that felted fabric weighs Administration (OSHA) under 29 CFR 1910.1C01(g)(2)(ii). . (2) Process asbestos-containing waste material into nonfriable forms: ' the site or along the perimeter of the sections of the site where asbestoscontaining waste material was deposited. The warning signs must: at least 475 grams per square meter (14 ounces per square yard) and is at least 1.6 millimeters (one-sixteenth inch) thick throughout; and l1 CAPCO JEN 0032148 Federal Register / Vol. 49. No. 67 / Thursday. April 5, 1984 / Rules and Regulations 13665 (iv) Avoiding the use of synthetic (ii) The average weight of asbestos-, styles of a visibility at least equal to fabrics that contain fill yam other than containing waste material disposed of, those specified in this paragraph. that which is sj-.n. measured in kg/day; and (2) Properly install, use, operate, and (iii) The emission control methods -maintain all air-cleaning equipment used in all stages'of water disposal; and log*nd Notation authorized by this section. Bypass devices may be used only during upset or emergency conditions and then only for so long as it takes to shut down the operation generating the particulate asbestos material. (b) There are the following exceptions to paragraph (a)(1): . (1) If the use of fabric creates a fire or explosion hazard, the Administrator (iv) The type of disposal site or incineration site used for ultimate disposal, the name of the site operator, . Asbesto* Wasta Disposal 3.5 cm (1 Inch) Sana Sant, Sit*. Gothic or Block. Do Not Croat* Dust -- --------- 1.9 cm (V* inch) Sans Sarif, and the name and location of the disposal site. Gothic or Block. Breathing Asbavtos b Haz* 14 Point Gothic a/6oa to Your Haalth. (4) For sources subject to 61.153: (i) A brief description of the site: and (ii) The method or methods used to , comply with the standard, or alternative . Spacing between any two lines must be at least equal to the height of the upper procedures to be used. (b) The information required by of the two lines. may authorize as a substitute the use of paragraph (a) of this section must (2) The perimeter of the disposal site wet collectors designed to operate with accompany the information required by must be fenced in a manner adequate to a unit contacting energy of at least 9.95 61.10. The information described in deter access by the general public. kilopascals (40 inches water gage this section must be reported using the (3) Upon request and supply of pressure). format of Appendix A of this part. appropriate information, the (2) The Administrator may authorize the use of filtering equipment other than that described in paragraphs (a)(1) and (b)(1) of this section if the owner or .operator demonstrates to the (Sec. 114. Clean Air Act as amended (42 U.S.C.7414)). (Approved by this Office of Management and ' Budget under control number 2CC0-0264) Administrator will determine whether a fence or a natural barrier adequately deters access by the general public. (c) Rather than meet the no visible emission requirement of paragraph (a) of Administrator's satisfaction that it is 61.156 Active waste disposal sites. this section, an active waste disposal equivalent to the described equipment in To be an acceptable site for disposal filtering particulate asbestos material. of asbestos-containingwaste material site would be an acceptable site if at the end of each operating day, or at least 61.155 Reporting. . under 81.151 and 61.152, an active waste disposal site must meet the (a) Within SO days after the effective requirements of this section. date of this subpart, each owner or . (a) Either there must be no visible operator of any existing source to which emissions to the outside air from any ' this subpart applies shall provide the active waste disposal site where following information to the 'asbestos-containing waste material has Administrator, except that any owner or been deposited, or the requirements of operator who provided this information paragraph (c) or (d) of this section must prior to April 5,1984 in order to comply be met. with 61.24 (which this section (b) Unless a natural barrier . replaces) is not required to resubmit it. adequately deters access by the general (1) A description of the emission public, either warning signs and fencing control equipment used for each must be installed and maintained as process; and follows, or the requirements of ' (2) If a fabric filter device is used to paragraph (c)(1) of this section must be control emissions, the pressure drop met. ~ across the fabric filter in inches water (1) Warning signs must be displayed gage: and (i) If the fabric device uses a woven 4at all entrances and at intervals of 100 m `(330 ft) or less along the property line of fabric, the airflow permeability in m31 min/ma and; if the fabric is synthetic, whether the fill yam is spun or not spun; the site or along the perimeter of the sections of the site where asbestoscontaining waste material is deposited. and ' - The.waming signs must: (ii) If She fabric filter device.uses a (i) Be posted in such a manner and - felted fabric, the density in g/m1, the location that a person can easily read minimum thickness in inches, and the the legend; and airflow permeability in m3/min/ma. (ii) Conform to the requirements of 51 (3) For'sources subject to 61.151 cm X 36 cm (20" X 14") upright format once every 24-hour period while the site is in continuous operation, the asbestoscontaining waste material which was deposited at the site during the operating day or previous 24-hour period is covered with either. (1) At least 15 centimeters (6 inches) of compacted nonasbestos-containing material, or (2) A resinous or petroleum-based dust suppression agent that effectively binds dust and controls wind erosion. This agent must be used as recommended for the particular dust by the manufacturer of the dust suppression agent. Other equally effective dust suppression agents may be used upon prior approval by the Administrator. For purposes of this paragraph, waste crankcase oil is not considered a dust suppression agent. (d) Rather than meet the no visible emission requirement of paragraph (a) of this section, an active waste disposal site would be an acceptable site if an alternative control method for emissions that has received prior approval by the Administrator is used. .' and 61.152; . signs specified in 29 CFR 1910.145(d)(4) (Secs. 112 and 301(a) of the Clean Air Act as (i) A brief description of each process and this paragraph: and amended (42U.S.C. 7412,7601(a)) that generates asbestos-containing (iii) Display the following legend in [fK Doc. &4-V030 Filed 4-4-W: B;<S m| waste material; and the lower panel with letter sizes and BILLING CODE 350-SO-M IMW* Mi.iy'jTJ 'ir*--*** I CAPCO JEN 0032149