Document qapy81p09rMzBGdZ4yJabyD6G

American Journal of Industrial Medicine 19:29--42 (1991) Mortality Patterns Among Petroleum Refinery and Chemical Plant Workers Gary M. Marsh, PhD, Philip E. Enterline, PhD, and Dorothy McCraw, ms A historical cohort study was conducted to evaluate the mortality experience of 6.831 employees of the Shell Oil Company, Deer Park. Texas, petroleum refinery and chem ical plant with emphasis on cancer mortality. Subjects were all workers with potential plant exposure who were employed for at least 3 months during 1948-72. Vita! status was determined as of 1201/83 for 98% of the cohort and death certificates were obtained for 95.4% of 1,180 observed deaths. The statistical analyses excluded 159 female study members. For all causes of death combined, all cancers combined, and for most of the nonmaiignant disease categories examined, there were deficits in mortality among re finery workers, chemical plant workers, and workers with experience in both areas. These deficits were generally most pronounced for chemical plant workers. An analysis of specific cancer sites revealed patterns of increased risk suggestive of a possible relationship between occupational exposures in the refinery and lympho-reticuiosarcoma. Patterns of increased risk were also observed among chemical plant workers for a category of lymphopoietic tissue cancers, including multiple myeloma, myelofibrosis, polycythemia vera, and certain non-Hodgkin's lymphomas. Some very limited evidence of a possible workplace association was also found among refinery workers for leukemia . and cancers of the central nervous system and biliary passages/liver. No evidence was found of an increased risk for cancer of the respiratory system or stomach or for malignant melanoma. A work history review of all suspect cancer excesses failed to identify any common work areas, job assignments, or exposure potentials, although the lack of detailed data on specific chemical exposures precluded accurate assessments of exposure-response. Key words: petroleum refining, chemical industry, occupational risks. non-Hodgkin's lymphoma. polycythemia Vera, myelofibrosis INTRODUCTION There has been considerable interest in the question of possible excess malig nant disease risks among petroleum refinery and petrochemical plant workers. Since the early 1970s, this question has been addressed in a number of epidemiological Department of Biostatistics (G.M.M.. P.E.E.). and Center for Environmental Epidemiology (G.M.M.).Graduate School of Public Health. University of Pittsburgh. Pittsburgh. PA. Corporate Medical Department. Shell Oil Company. Houston. TX (D.M.). Address reprint requests to Gary M. Marsh. Ph.D.. Department of Biostatistics. A410 Crabtree Hall. Graduate School of Public Health. University of Pittsburgh. 130 DeSoto Street. Pittsburgh. PA 15261. Accented for publication Mav 1. 1990. D P M C -1 0 9 9 8 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. Your Products Environmental Conservation (PEC) representative will be glad to assist with any specific situations that may arise in application of this new rule. T. R. Williams JBD/ckj Attachment cc: Chemical Manager Polymers Ventures Health, Safety & Environment Manager SIH&E Manager Compliance (C. G. Walls) Manager Environmental SIH&E Legal General Attorney Environmental & Manufacturing Manufacturing & Technical General Manager Health, Safety and Environment - Products (w/o attachmt.) Manager Denver Site Project Manager Land Transportation Manager Manufacturing Support Manager Manufacturing Operations/Technical - Chemical Manager Manufacturing Operations/Technical - Oil Manufacturing Operations/Technical Support - Eastern Region Manager Environmental Synfuels/Process Engineering Products Environmental Conservation Staff Technical Manager -Detergents & EO/EG Operations Manager - Detergents & EO/EG Manager Technical/Operations - Solvents Manager Technical/Operations - Plastics Manager Technical/Operations - Elastomers Manager Technical/Operations - Catalysts Manager Technical/Operations - Resins Manager Polymers Business Development - Chemical Manager Environmental - Financial Support Manager Environmental Compliance - Deer Park Manager Environmental Conservation Martinez Norco Wilmington Wood River LAM 017341 CD9108403 - 0002.1.0. DPMC-11070 .-..-.'I--... . ` f '.; - V'< 1-.*.;'.V-:.- - ."'-i ;.:Sj .T.ij-'v. .................r...'.V...-.-..-.. -- '* : ' " --'rr. .. i s / . .' '_ < i;-rj':' .-'j.'v ' 'j*7-v"; - *s LAM 017342 " ".r i: .;' 1'.:' . DPMC-11071 .48406 Federal Register / VoL 55, No. 224./ Tuesday, November 20, 1990 / Rules and Regulations ENVIRONMENT'AAL IPROTECTION ;; AGENCY r. . addresses; Background information ,J ' Milling, Manufacturing and Fabricating' Baekgroundinformation.ipjjgrevisions to the standards'require - / 40 CFR Part 61 " V; aocument (BID) forJhe promulgated;-^ aSbest0S miUmg, manufacturing and revisions may.be obtained fromJ|be U.S. y _ fabricating sources to conduct daily ' [AD-FRL-3814-7] . RIN 206O-AC57' '' i'' ` ` Library (MDr35), Research Triangle;.;" monitoring for visible emissions. While - Part North Carolina, 27711, telephone y the absence of visible emissions does no. [919) 541-2777. Please refer to ... not mean there are no asbestos fibers National Emission Standards for -' Hazardous Air Pollutants; Asbestos NESHAP Revision "Background Information for =x'.being emitted, the presence of visible Promulgated Asbestos NESHAE, Remissions does indicate a serious Revisions,*'(Publication No. EP^\ 450/^7 ^ control device malfunction. Because t 90/017). The BID contains a summary of ^ visible emissions monitoring is intended . AGENCY: Environmental Protection;':' ' Agency. ,'' - " . : action: Final rule..'. >*._: i. all the public comments made on theft.-. *:;: primarily to detect serious control : proposed revisions and the . _ -r: device malfunctions, weekly inspections . Administratorsresponses to the ;; . of air cleaning devices are also required- `i y\;v-.'* > ;,a . 1-addition, the revisions promulgated : '* Tl/./.Z-nf** nAol/of Mrt * A_QQ_Oft Wfunra fVaca'SfllirPPfi |q yp[fllntfljn - results of visible ." . ., ... ,,..... . ,, - emissions and is based on the _____ r--o.-r___________ ___monitoring and control device'' . asbestos NESHAP arid is ayailablVfbr X3-b}'sPeetions, and to submit quarterly a.;". Administrator s determination,that?public inspection and copying b'etweerird^copy of visible emissions monitoring - - asbestos prese.nts_a significant risk to'^ s:30 a.iri. and 3:30 p.m., Monday throi^^5' records of visible emissions occurred I' - hhuummaann hheeaalltthh aass aa rreessuulltt ooff aaiirr emissions from one Or more source Friday;'at EPA's Air Docket (LE-131], nf during the quarter. The_revision requires Rnnm M-isnn. 1st Floor. Waterside v. i~-- owners or operators who install fabric ^complying with them is required to be when asbestos-containing, .. ... . .... ______________ 0__ ________________ . _T .___.il (ACM) is stripped, removed or proposed, and safety was added as a-;.- f 2771% teiephone.no. (919) 541-5263. Fori disturbed. When wetting is suspended - reason for exemption from the use pf. ^ further information on the technical7/due to freezing temperatures, owners or operatbrs'are required to measure air temperature in the work area three' j'i;.,-; dimes during the workday and keep ]. -. '" provisions"were also proposed. 4 ! ij^.^^ NumerbusTiomments were receiv 1 i'iiv? the proposed revisions,'and fedayVs->>:&-> treatmentof rionfriable asbestos notice responds to those cbmmehtsVarid .supplementary information..:._________ ^/materialssuch as resilient floor .,, f" . ':''^5^^?]cbvering't including vinyl asbestos floor today's publicatibri: of these rules. Under:. : hazardous airpollutant (see 36 FR3031jj^lbadihg'and uni'badirigfo warn people of t*'.-/. '! section 307(b)(2) of the Clean Air Act, (March 3111971)). The revisions?,/ JfZ : Jh'e presence of asbestos. For all. . . j'.' . the requirements that are the subject of ; promulgated today amend the asbestos^nfasbesto3"-containing waste material . ; :;~7. ; today's notice may riot be challenged: s - NESHAP to enhance enfprcemenfand%^ transported offsite, the revisions require , - later in civil or criminal proceedings promote compliance with the currirntT^i--thata waste shipment record (WSR) be brought by EPA to enforce these; ' ; standard without altering the stringencyliS'prbvldeli.to.the waste site owner or V-: ^requirements./--"' . -j'f'l'i , ';'.l ;. of existing controls.";-V _'.' ~ joperafor at the time that the waste is LAM 017343 DPMC-1107 a. h ;?X "7"r Federal Register / iVol. 55,;No7-224 / .Tuesday, November 20, 1990 / .Rides and'Regulations .V.48407.*'*-' .delivered to the waste disposal site. If a \- -'rules promulgated.for inactive waste : /Few emission measurement data exit .copy of the WSR signed.by the waste . disposal sites.'A revision requires'the. for asbestos 80urcesvThus, emissions j.j .. ` site owner or.'pperatpr is not received . Owner or operator of an active waste .were estimated using engineering . ; within 35 days of the date the. waste was . disposal site to notify the Administrator., methods and assumptions, which ; " -..; accepted by the initial transporter, the ' in writing prior to excavating or ; - resulted in ubslanlial uncertainty. A .-.revisions direct the waste generator" to -otherwise disturbing asbestos-;.-,'/-. ./detailed description of )he approaches ,;..;, - j-.icontacbthe fransjpprter"and/or disposal t C: containing waste, material that has been'- n-used to estimate,emissions, is;foundu! , - site owner or .operator to determine the ;s -.deposited at the disposal site and ;/ .' /"Asbestos Emission Estimates for t-.''status oTthe waste shipment.The .-'covered. .'Milling, Manufacturing?Fabricating/;/ ' . /revisions fartherdirect the .waste ^./geherato'r'tp submii an exception report j. ^Asbestos 'Conversion'Processes r-Deiholition',`Renovation, and Waste'"';/- . > . cDisposal.'kwhichjs contained, in Docket / - S/to'EPA if assigned copy of the"WSR is 'y:i.' V vA section is promulgated.tp.clarify "v~ A/8&/28. Esfjmated process emissions / ' ./--'not received within'45 days of th'e'date ;"-that operatioris'that"convert asbestos-;. under"the current NESHAP at full * . : the waste was accepted by the initial "; .containing waste material into_'/" compliance for milling, manufacturing, ' . transporter. Labels are required on /- .7 nonasbestos (asbestos-free) material are and fabricating are approximately 7,4.00 , . .. .containers of asbestos-containing waste . . covered by the NESHAP. The provisions kg/yrlBased on current practices,:; : . .material from manufacturing,"j promulgated fequire the owner or t ;estimated.emissions from"the removal ..v-: ./`fabricating, demolition and renovation . 'operator of such an operation to obtain .'activities associated with demolition;:./- "'--; ;/activities'indicating the.name'of the /j&r, prior written approval of the" sLf.r is's.v.} -and renovation are "approximately 1,300 ;:.; , /waste generator and the location where '"Administrator to construct the facility, fy kg/yr and estimated waste disposal : ; die. waste was generated. j and conduct s start-up performance" test emissions from all sources are 227,000 - Inactive Waste-Disposal Sites : - using specified analytical.methods and hg/yrl Ifdemolition and renovation were . L.:-/1/f-s.;faoAeaistp/xdbTebcemreharifcsaeovintatoaroritsesfairinHtnvormgiCgasf'iptiooalooinprinnrntebasiginrnitna.hra'iemwtneicqogrmtauniivtwri;iirentueao.gfwsatntdhpaceoeitrssutmititooefnuyarw.nrdtbttgneoihis'enreopirg/a"ro/ol'"s/,:-rtaT/?h/'.,"l/a;..A7t..'//:_/, -/'-"r'.'-peeprctehrmropooecnoimocstireinrsntuddsiiuoltsugionatraoousel"tfsse9.ctt.hd0emoResndtoteAotanrrqyddeoiustsmlao,iuromryielintfn^msaiogsieopnt^drnnteaedut'rs.tnar!soii'attnf.rieoon^g.arnchraae,-e''Jnn^.oddasvfly;sa`io-f"t/'3e-. ;Ar!-;-:" in full compliance,"estimated emissions . from asbestos removal activities ; . associated with demolition and -u'/Vs renovation would be about 700 kg/yr. -'Estimated emissions from waste ; disposal, .assuming full compliance" with : the NESHAP by aU sources,-woiild be i-aboiit 60C[kg/yr.!:.^-:/:;.7/':ry:;.;';l/ ' i-./vV " " .. ' -'/has /been/deposited at the ch'sposaj site; . TI. Environmental., Energy .and.Economic .and ib"record on the deed to the "-"Lnpacls V; ^ ; property a notation that will inform futurejmrchasers of the' property that it -y--- :-The environmental,'energy; and ; .has beenbsed for'the disposal of asbestos-containing'waste material and-f;/"edcoenmoomlitiico-nimapnadcrtesnoofvtahteiorne,'viinsciolundsinfogr .v"."c-' .`ythat. the'suryey plot and.rec'ord of the.y y.: waste disposal, were estimated from_ /-! ./'location aiTd quantify of such/waste '"'Py/.two baselineaVOne is full compliance. r_ y /material are on frie with the .; --with the NESHAP, and the'other is." ././ f-.-' 9-Administrator.:v. ` .--.current use of engineering contrqIs_and /wofkpracticesr-Enfprcement.experiehce;- " /-The.costs of the revisions" are/`/. -fir-;:;;-..- : "expected to behniall relative to norma! : .operating costs for these'industries. The . ; /revisions are intended to promote" ; compliance and enhance enforceability. .: . Small additional costs are associated " ..., ^with .^e^'cbrdkeepifig' and reporting r 'fsqulremenis of th'e're^visions. Economic";_'' -V .impacts 'of the promulgated alternatives ; / ./are expected_to.be/minimal. Adverse :'-'Actiye.WgsteDispp&lSites`:zl^^4&&- y indicates/that many asbestos removal yi! ".-impacts^pf the proinulgafyd revisions cn / ;7:7-The revisions require the/dwrief-or '.operations related to de'molitioniahd the / /water, noise, and energy/were y.p/v;-:/;.;' ' operator of an active waste disposal site -subsequent waste disposal operations considered. Due to the nature of the 'to maintain WSRs and report in writing - ":are performed out.of compliance with .' revisions, no significant adve'rselimpacts. -J the receipt of a signiffcant amount of the NESHAP. The lack of compliance - on water, noise, or energy are ..- ' improperly enclosed or uncovered waste with the NESHAP removal provisions anticipated. . y \ 7. - v -to EPA by'tfce following working day.A V-. ' leads to the improper disposal of some The owner or operator of an active - '. waste, especially demolition waste, with -IH- PublicRarticipation - " !; ' / ' - waste disposal si(e is required by the f'.~. the result that'emissions from the "The revisions were proposed arid ' /- revisions promulgated today to send a . disposal of demolition waste greatly : . : '-published in the'Federal Register on' - -bigned copy of the WSR back to the : - exceed other emissions, including .- : ' - January 10,1989 (54 FR 912). The" -. i " waste generator no more than 30 days ' process emissions from milling, ;'-r' preamble to the "proposed standards ;'-- ; - after receipt of the waste, to attempt to ' manufacturing, and fabricating. Liability -revisions noted the availability in the f . :. V reconcile any discrepancy between the ; and other considerations generally lead ' docket of the supporting information quantity given on the WSR and the . the owners.of buildings being renovated / used in developing the proposed .... quantity actually received and, failing to to follow or even exceed the ... revisions. Public commerils "were do so within 15 days after receiving the requirements of the NESHAP. Thus, the solicited at the time of proposal. .. waste, to report the discrepancy and appropriate baseline for demolition is .. . : To provide interested persons the any attempts to reconcile it to the current use of work practices rather . opportunity for oral presentation of -- . Administrator. The revisions than full compliance. At asbestos - data, views, or arguments concerning promulgated today also require the milling, manufacturing, and fabricating .. . the proposed revisions, a public hearing . -owner or operator of an active disposal -. facilities, the required air pollution ..- was.held on February, 8, 1989, at site to maintain records of the location, . control devices are generally in place. Research Triangle Park,-North Carolina. . depth and area, and volume of asbestos- Thus, for milling, manufacturing, and . The hearing was open to the public, "and containing waste material within the - fabricating, full compliance with the .- 6 persons presented comments. . disposal site on a map or diagram of the - -NESHAP, including the waste disposal The public comment period specified disposal area. Upon closure, the owner - requirements, is-assumed for the in the Federal Register notice was from or operator must comply with all the baseline. January 10, 1989 to March 7,1989. One LAM 017344 DPMC-11073  48408O Federal Register'/-Vol. 55; No 224 / Tuesday, November 20, 1990 / Rules and Regulations hundred comment letters were received intention was to distinguish between v distinguish between material that could-. in response to the Federal Register ' ' materials that would readily release . - release significant amounts of asbestos proposal. The comments have been ;- asbestos fibers when damaged or- - fibers during demolition and renovation carefully considered and, where disturbed and those materials that were operations and those that would not. - . determined to be appropriate by the -* unlikely to result in the release of " This policy determination stated in : Administrator, changes have been made significant amounts of asbestos fibers. essence that any ACM, whether to the proposed revisions. ' " To accomplish this! EPA labeled as originally friable or nonfriable that :- ; IV. Significant Comments and Changes ' to the Proposed Revisions - . ."friable" those materials that were likely to readily release fibers. Friable materials, when dry, could easily be become (or are likely to become)' crumbled, pulverized, or reduced to powder "are covered by the NESHAP. - Comments on the proposed revisions: : crumbled, pulverized, of reduced to' Specifically, the determination stated = . were received from industry, trade powder using hand pressure. The term that7 - ; - -- -associations and regulatory agencies. A - ."reduced to powder" is readily/:^ .: detailed discussion of these comments understood to mean'that the affected' and responses can be found in (heIC?.:?.--' material is changed to a cdust or jpowder v promulgation BID, which Preferred to in th'a't can become airborne. "Pulverized"* *' * f. even though the regulations address^ ' only material that is presently friable, it does ';' , hot limit itself to material that is friable at the time of notification. Rather, if at any point '. . .ttie ADDRESSES-section of .this..:^;;.i` *?-.. indicates.that the resulting material will;: during the renovation or demolition,' - .* preamble: The comments jind responses : - include dust as well as a large numberV-i additional friable'asbestos material -; 'summarized in the BID serveas tne-fS*.?' '. -off small pieces of the o:riginal material. ;; is * .*> - created from'honfriable form's, then i':\- basis for the changes that have been made to the revisions between proposal and promulgation. The major comments The terin'"crumbled" indicates that'the - affected material is easily (i.e., using ' hand pressure) broken into a large; this additional friable material becomes-.- ..'.:; '. subject to the regu!ations_from the lime of . creation ***,,.. -... Jand responses are summarized in this,; The issuance of this determination did ; preamble. Most 'of the comment 1 hot'alter.the' uit'ent of the NESHAP, but:.? V.cohtamed'miiltipl.e^commenfsJjp ;was cbnsistep.rwth me iriteht'of -`.Significant comments have .been divic standard that was writfeh td'prevent significani emissiohs of asbestos fibers; /1 '' The intentof^the policydejerminatipn/ -:'; 'was th'at`i't^apply n'arrpwlyj^ iristancesyvhere otherwise'hdnfriableJ':~f"' r.Nonfriable ACM wj'-'Vi?:;?.-5? crumble the material/ For example,; floor'-' .materials would be damaged during . -. /,. Comment: Sevefar'cbmmehters"argued ' tile, in good condition can be broken by demolition or renovation to. the extent ; / thatthe"rule^should be'mp'dified to'.'Aifef-i- hand into a fqYvlajge piece's/but it is toot that significant amounts of. asbestos" "; \ fibers Would be released to the^' ; .-S..-/-';r atmosphere. A. statement in the /--; . determination to the effect, that some.;/./ including transite and 'dxtendf.shingles,?-'-./^* poor condition and caii be broken into nonfriable'materials mayTemain should be included among honfriabler-7 : nfany small pieces in one effort.r->- nonfriable throughout demolition and products according to commenters IV-- - Later, EPA realized that, in some t " renovation is evidence that this, ;- \ ; D-49, IV-D-72, and IV-D-93:,'Asbestos- instances, nonfriable material's that "/ determination was intended to be - containing flooring products, such as tile . were subjected to intense forces, such - narrowly, interpreted and not used to " ' and sheet vinyl flooring,'were v' - =-::` ; as the intense'mechanical forces . require removal'of all nonfriable '-. - , considered by several commenters (IV- er.countered during demolition, could Be materials. For example, materials such . D-15, IV-D-17, rV-D-48/ IV-D-55, IV-"-':'. crumbled, pulverized, or reduced to I.-'- . as resilient floor covering, asphalt", I?-84, and rV-D-^9S) to always be V powder. In these ihstahcesV/certain- Hi roofing products, packings, and gaskets ' nonfriable and exempt from the'rule',; ;-.'^ materials which had been considered; would rarely, if ever, need to.be r .; v.riih ih a ^ . . _ i/ _ _ _ C fl ._. * --_ ' iL ^ 1 - removed because, even when broken or ;J damaged, they.would not release ;; ;; significant amounts of asbestos fibers.-; ;- reference to asbestos roofing products, Example's of practices that were argued that there is no basis in the* " observed by EPA to reduce otherwise record.for saying that severely 'inonfriable asbestos material to dust But, just as itTs important'to recognize that some nonfriable materials do not;.;'.. have to be removed prior to demolition, : ^,w.,eaaattUheaareI dJ _ 1?'- Ji f _ I .1 '. " mnoVil n nf V*nr*r\rv-1 inrt oinknma e it is also important to recognize, that'. i - become :s6nie nonfriable materials should be'-sav/' -V IV-D-31 removed prior t'o demolition if,"as' a 93 recommended that the rule be over the beami with a`crawler tractor.'.\.ij. result of the.fbrces of demolition, v- clarified to exempt all hbhfriabieV'-.^r.r? v>..In.yiew.of the d'amag'e.dphe"tp.these.-?/-;-, nonfriabl.e material is likely to.become- ?- . materials as the rule is curirentlyVl~:":tr otherwise nonfriable materials'and the?*/.- crumbled, pulverized, or ofiierwise nunnrdtenrrsetiofloMdr). Caommenter IVT-DT3-* 9ru3s Vargue'Jd'' ' (raecst sui tltiinnnginin'pcrroenarsrtendnp'noftoenniitioallffroirrFfiirbvaei*r~r. that in present day ACM. the asbestos '", release, thesVand other similar - V- * reduced to powder. For example, the;/:- . A/C siding on a building that is to be ; ; fibers are locked in cement.or practices involving nonfriable.asbestos . demolished using a wrecking ball is very, bituminous or resinous binders and that material were considered to render -. likely to be crumbled or pulverized with the materials can be removed and nonfriable ACM into dust capable of increased potential for the release of / disposed of without any significant release to the environment /' becoming airborne. - --: - As a result, EPA issued a policy - significant levels of asbestos fibers. " ' Such material in this instance should be v Response: In 1973 when the asbestos ' determination in 1985 regarding the - removed prior to demolition.-- ' NESHAP rules were first promulgated ' removal of nonfriable asbestos material' - Since this policy determination was' for the demolition of buildings, EPA's - that was consistent with EPA's intent to made, there has been some confusion in - lam 017345 DPMC-11074 '.'.Federal ^Register / .Vol. 55,. No: 224'/ -Tuesday, November 20,'1990 "/ Rules and Regulations ; -46409 its application. As a result, contractors . appeared minimal and substantially . 7 : of airborne asbestos fibers. It'is'bnly -"i :- operating in more than one enforcement.. lower thaii for friable materials. These ;. .' "when the material is extensively , jurisdiction have encountered different,, findings, while uncertain, support EPA's ,. 'damaged, j.e.,'cruiribled, pulverized, or ^ interpretations for similar demolition : original argument that there is a basis . . ^reduced to powder, that the potential for ..operations. For example, there have .-; , for making a distinction between 7*. " . significant fiberrelease is greatly ';--'-' : been instances in which contractors are ..materials that readily release-fibers and : . increased.'Also, in the definitions 61 --: .required, prior to demolition, to remove - t'ihosejhat do 77;"asbestos:coritaining waste mhlenal,"--!^ `illopr tile in one enforcement jurisdiction "J: a result of.tha comments received.;.' *. ?MTinnln n>KA^fAA*tnnlnn'i1 ** ^i.' -but not in anqther.`Cdhtractprs'a,nd/pr~-'? ;; bn"this issue ^and the addition^ building owners and opera tors are"; ; information gathered in response to V yV .deleted. The EPA is plarim'ng"to issue j'; . unsure as'to what materials must bei.->'-)lc !`>-cominuits,'^A.'.hasbee^ able to ,.i 7.. additional inforriiatiori in the future on removed,and wharmaterials canbeleft 76oiripile.a .list ofrionfriable "ACM thet, i*.!i vvihis arid-pther'aspects of the'NESHAP to in place and are often hesitant.to..VifiT-V!-.i::^der'n6malco'nditlqns/^]q.n()t have to 1 7. help enforcement officials' qnd the".y;7 proceed without a ruling from EPA, . be*removed prior tp'deiriQlition".; ;7' .-'.regulated community interpret and 7':'" . v/hich can involve significant delays. 'operations. These ACM are not 7- ., 7 . - apply the NESHAP provisions. As a "consequence, EPA received a .number of requests from State and expected to release significant amounts r of asbestos fibers to the outside air , V Inspections 7 .- regional enforcement agencies to clarify V duringTlemdlitibn apd, consistent with.;, v ~'it -Comment: Three "commenters argued;- .what is required under the NESHAP,in t r-the intent of the existing standards, are. '.-'that EPA should include mandatory dealing with nbnfriable'materials since 7- iriotbeingVegiilafei A definition of 7 ; asbestos surveys "in the fule-Commenter. ".the 1985 policy determination was/7:7v-'4" "category! norifria'ble'ACM" is added to i IV-JDf4 stated that EPA should require .' issued. In response to the'se'requests," a - " '.the final ^e,"which lists resilierit' floor ` / "surveys for all buildings prior to arid i 'clarification of the nonfriable: issue"wasi ;.. covering, roofing products, gaske is, and. '.separate from any deiriolitioh or ' included in.the revisions proposed on T January.10,1989. These revisions Were -i.ntended.tp.clarify the intent of.the N.;,- : packings. However, if these materials .]'athreeyinarpeo. sour bcjoenctdeitdiotno and.are.friable or, sanding, grinding," . Tenoyation'activity. Commenter IV-D-4 " original'ruie! Basically, EPA stated in..' -the January"10,1939; Tederal Register" ; cutting",pr'abradi^'.'they are to be7.77 "j.,"Tithe absence of a survey a violation."" \"r "treated as friable asbestos material.;.[.,*7^ Commenter iy-D-4 noted that, if the ' .'.-.w.mppcdsbdottsnchoioueaauoen-hooeaimcdmcmtinttersJiehhihfc.edcemnaaeroenimieeanagtrl^tmehiiifssgiosseuotlianebpshnshad'avfAlta,ole7aes,tero"ate/yvntordi0dcCsrowrlisciriOatldrrba"peyeheeepnrelt,lnrger"seledir.ecetltb1ool,aeaaaoraaa9edrssse,mitutsn8nihikuueovrlsve9apeoeecben"ee,fghfoattrnmoldntssreoyfifsenriuie.iidimbbnhntiftsyfmahmteerageamitbabishsfeavrodrrptuiletaireo.berilodoaairietl.tnll'msloopadueirblmoseecdrsiflaEgnn'pmaoeiapiubtrng.Pdsmy-re;ecea.oesuA-vgratprrtvhpciseis-.obfataja;^iotre;r.iMoseroliivis.isrneaC^-dimenae,dldj.a-s.g7nd.rV;te,r'o^iy--;ee-'-:i-..7..S,d..7-''7".-:'..;Tir:7;".g'pCOicp"Csccdtttwoharrsuroooeaaitsaoanibnbhowmltti^mctlaenejederCednktoiggtib.rhrcteaieecolooiinlneigtotepgvtftrregciolrtyyndaorbl'goi.cl;in'd'.lu1n^tioHbeuunyftpiJr'rrtrralhadii.yiutiiinrqkaai|tocre'ilineitwsnagnelsbrn"igdur.gle^Nilpf'ibrcinempbrrde^oroioeiKdzurai.imnb^vaerrifeiHtfbc^iel.a..r.craoitalianitlihrACss.cfeaveqd'egte'baePab'tndeAo"r'hrmlsdolio.s.afeabafCo'if"eantadblr.tyr.sitA:eMjeitdfhhbyninieredtdaupeiyhtgprdapcuhrrie-ytiebaemrci6c'idaniilneesllamNoi'egta.dmaldsigirEr"itseneneasiie.eto7Srlgdrojb'7roia'tiii,,,iH7i*t*ndashanj;i^;Tf'A'l^iasi"k,vin"e'fd.iPv|!sjgti^fd:e,.i.l1^.7:iJ'.!;'';l...;'1ST4`'V1.-:.TL'I:sv"-'.rvCAami7sbns_bcuns*ctstoelrun;uassaadroi7btjfvipiotpdptueqeClyeeedele,eeyrmdedos.ddciyccrnayrtbeeotfiooitttgtohmiboemxhhslinmsidnareytpaadeefiinrrtpmorlttiiiCanaiteecO'ncreEEisieesiaod."icoSPPcirtnw,'rlto'i"syrobenamtAAHamiesmytdtIne'loAhVrsltp,spdssaet'onIhrldehrrtVirnreuawoceoDtieaetefqbutiqtearot^tqDinunllufprc5iduaauitsioc-iIrcr7rlniVhp4odsseraerladieeeept-itmstrmeniDb.idrdeousotsxedeahir-hicintolpi"5l'n_aea'ateonIanlubt7tVdatalruoeniru.tlarsmieltyo-rand.aidinu.dlDfsdeiirwlsdrnlbcsb^.ei;vd-'un'a7aeoeaqeirg,4kf'Utss7.vly.ul-h.c^t7;;"es:oi,o"-d70r.;a.'7y".r'se.7v";i7i;,7-t...:i;'" of the commenters argued that EPA was Broken ACM ' 77- a site-specific survey before demolition; attempting to regulate nonfriable _ ; . Comment Commenters IV-D-47, IV-" with details on how the building will be. materials, which were explicitly 7;:' -D-89, IV-D-93, arid IV-D^"95"explained . demolished and how the asbestos will. . .exempted in previous asbestos NESHAP . "that use of the term'Vb'roken" to :7"' :f77' -y be controlled. j.;, 7 - ;,'7-- -7 -rulemakings. Many comments stated. 7 describe rriaterials that are subject "to 7;' Response:The EPA currently requires, that the proposed revisions did not help :the role is inconsistent with the current that a facility be inspected for asbestos to clarify EPA's position.on nonfriable ,,. NESHAP and expands coverage of the y- . prior to demolition or renovation. As a material and may have made matters .,! ; NESHAP. These "commenters stated that . yresult of the survey, information on the \ more confusing. 77.7...7 merely breaking nonfriable material ~--: - asbestos rriaterial present, the nature of .. .In responding to the comments, a doesriot equate to fiber release. One '- ' the demolition'or renovation, and . literature survey was conducted to - commenter, IV-D-89, noted that - ' ' :;:- measures that Will be taken to control determine if it was possible to quantify . noncompliance may increase where emissions of asbestos must be reported the fiber release potential of nonfriable . rionfriable material is broken during - to EPA. Commenters IV-D-57 and IV- - materials when they are damaged demolition or renovation, but is not D-84 are correct in saying that it is an during demolition. All of the available data on fiber release from floor tile, controlled or reported according to the implicit requirement and that it is not NESHAP. ' stated explicitly in the role. The Final - roofing products, gaskets, packings, and Response: After considering this issue, role expressly requires a facility survey A/C products was reviewed. In some . EPA agrees with commenters that . ; for asbestos prior to demolition or instances, the fiber release data were retaining the word "broken" could be renovation. Although previously measured during actual removal interpreted as substantially increasing . implied, this revision clarifies EPA's operations, while other data were from the scope of the standard and, therefore, position on the requirement to perform simulated removal activities in - : - . has removed it from the definition. Most' building surveys. laboratory settings. For the materials nonfriable materials can be broken The EPA also considered the ' " evaluated, the potential for fiber release ' without releasing significant quantities suggestion to require that surveys be - LAM 017346 DPMC-1107 48410 Federal Register /.Vol, 55, No. 224 /rTuesday,'November 20, 1990 / Rules and Regulations performed by an "accredited'' inspector '. Commenler 1V-D-78 stated that the;' determination be repeatedusirig the l or by a "competent" person asrequired ' definition would require asbestos' ` point counting technique with PLM..- by OSHA. OSHA's requirement to have content to be determined by ' X'' 1 Point counting, a systematic technique a competent person perform an ; transmission electron microscopy (TEM)' for estimating concentration,' may also . engineering survey prior to demolition : analysis, and that the high cost of TEM be useful in quality assurance activities, (29 CFR 1926.850) is.to ensure that the . . should be considered. Commenter IV-D- especially in establishing a relationship structural integrity of a structure is -, 78 recommended that the'current between point counts;and visual " sufficient to prevent worker injury method continue to be accepted with estimation procedures.' . caused by the unplanned collapse of any TEM specified over other methods. -. ' : The accuracy of quantitative data \ portion of the structure; a search for ' \ Response: The revisions to the from either technique of estimation is ! asbestos is not required. An accredited asbestos NESHAP proposed on January dependent upon several factors, inspector or competent person can y;,:'. 10,1989 would have'changed the' - ; i; including: sample'homogerieity, asbestos perform the survey although iising such ' definition of "friable asbestos material" . content, asbestos fiber size, the"': " ^.individuals is not required. Using an- jnspectionsiwoul'd hplp. enspre 'aih- Because the method referenced actually - b quantitation skill of the micfoscopist ?v*v , .thorough inspection of.the facilityas.y contaliinnss' '^d'a^yUMl'metKods^^ifcrf:*' .may be improved and concurreritly;':. -- ^ A.f'V polarized fight 'microscopy (PLM) which' verified through the' use of calibration -,. hi1? .^\"cu,Tentlym'easufefarea,. andx-raystandards. These'staridards may include did not propose such a requirement.The hi'diffractibh (XRD). whicffiheasures.-rh^'.'^welhfcKriracterized bulk'mafe'rials'or'ih;`'; EPA will consider a requirement to use - ; weight--EPA has modified the. definition house calibration standards formulated' accredited inspectors in future ... ; to specify the PLM method to avoid .: by mixing known weights of commonly itos' Content in Bulk'-,];.; ^systematic removal (and determination;; i.Visual Estimates^T:- of the'resulting'weight loss) of . i *. i-s- ijr'.tr- .'^v-'-"-'-'-^>->.-c-.^-.laridWeight Composition (EPA^-560/5-..h .l: 'interfering components, and thebA'-.b' A ' mad 8^0li, September 1988). However,;the .A-"concentration of asbestos in a residue;';-: piay_be ponsidered at^ajater -x.. HMnoVw,.*eMvneor,?s;.ukcsh&j ;ko1 date^c-;-.-.v';.'Vra;VVS^,i:v,c itvh,aa*t.tihtieiDPtLM-'prpcedurey^v:..ithe cbmpohehtsooffwwhhich iiie'tenn&eitte'^oimt'.of^.s^^'V-.by.PLM. -EPA is currently are identified"-conducting f.SJt- * rSpanSiifraa^S&^fe^Method foi tbhueilDdinbgtemrmatienrhiatlibophholefn^m:>'Av.A, rheeslpeadrechtetnondineevethloep^appropcroepdruiaretes':t-hrat wiyll,-,; blear that'it Would always heaafe the' Asbestos in Bulk Insulation.Sample's .;... analytical procedure to use based on the the future r;--*--" ;' v- .measures percent area-and not percent.. . .vVfAv'vbvv .>?. .".'-'AV-V weight PIM laboratories polled at; *..'. present m the material, as well as other ; factorsTA ~ :A not recommended for routine of bulk samples. TEM may be ; the'analysis qf special; thb change,to' percent byarem Point bbiinting is riot required for the'jf.r'samples for asbestos. Under i ; Commenter IY-D-6!jargued that }ogdA '..PLM procedure. An equivalent visual investigatibri'are procedures that would 'from percent weighftb percent area may ' estimation technique'may be used;A,-; ? determine what analytical techniques'' Kavp a mainp imnart nn rnvoraoo *' -7V- -j', ;.the two method^ Commehfer-iY-ft^S^feV-vqiumehinestimation'bfcdmpdheritsi^S'1-' simple visuafi.es'tirita'ffori'tecKnique'majrv :provided arivexample of this, statingthaf;i'!Fbr.'mpst'samples, quantitatipri bjbr-hhSr.'- Be appropriate for the initial screening r.a.^cemeht-hased firep'rbofirig tHat.-frT'^rf ?:;bihcxbscopiC exariiinatibri is'preferred.'of.bulk.sainples'of friable material.Tf the" .'co"ritaihed 30 percent asbehtos. by'area'isi^.t.yisualestifnatibri'inayalso be madei:-.!;'; ; - visual estimation'technique indicates -:' '. contained le.s's.th'ari'l peVcenfTbyiwei^L^r '.'during polarized light riiiCTOscopy (PLM) ;i - that the asbeslbs'conterit is less thari lO - Commenter IVrI>l70.felt that.thel;:\T;\-;;cry:^examin.ation,"resultirig'iri^ a prbjected::,-;f':'. percent; additional quantitation by point' definiUon'of "finable asbestos material"areaestimation of components. . counting would be required. If the..]' was appropriate; however, the method %; However, if the asbestos content is material to be analyzed contains '. ; . referenced should not be limited to-p'oint ; :: estimated to be less than 10 percent by a - . asbestos fibers below the limit of 'counting in view of 47 FR.19821 p. 38535,1; j method other than'pbint counting,, such-f resolution for PLM, which is often true .- which' clarifies the acceptability of "ah'-."- as visual estimation, ERA has revised : of floor tile, then analysis by TEM is : equivalent estimation method." v f the definition to require that the appropriate. '- V-;'V-r: -'V-Federal-Raster j/ jyoI..;55;^0^^224 :/.^Tueisday, :NoveniberV2d, ;i990.'-/ 'RuIes';a'rid Regulations148411 !f Method of Notification ?.f-cs.'i :;j'- and transmissions ofpoor quality ' 71) IV-D-73.1V-D-74, IV-D-70, IV-D--. Comment: Several comments were .; 7 ' received on the requirement to use certified mail for notifying EPA. Most of the commenters objected to' the use of certified mail to the exclusioriof other./:' methods. J -vJvl);.V'' -Commenters IV-D-23, iV-D-24,TV-D- .`25, IV-D-42, IV-D^78, iy-r^-59t'and IV7'" 'EW55 considered the certified mail ':;y ^Requirement to he'Unnecessary for EPA ^ to achieve the intended purpose'of the'7;.;- notification process. It was stated that '. certified mail would require a trip to a' post office", which is a ideterrerit-to ` : r.:' timely notification. Commenters IV-D- - . 23, IVTD-24, IVtD^41, and iy-D-78 ;:`; : .;i arguedthat notification by telefax, y - .machine may be more practical than J"2j;)\ certified mail. Commenters IV-D-25, IV-" D-65, and IV-D-83 suggested that;'.'1' . notification by telephone or telefax be ' allowed, followed by a written notification. Commenters IV-D-24, IV-;; D-25, rV-D-42, and IV-D-65 observed that regular mailing of notices works > satisfactorily and should be allowed, l^.;, . Commenters rV-D-;28 and rVTp-j60 7i favored allowing' theusepfpyenSight_;:i.- Commenter IV-D-S9 argued 'that,-if a"; State agency has jurisdiction, the r-.-.-r.'-'jiimethod of notification should be left up to the State agency. ?Jj p&hl'DrJRii's'X*'-' "Commenter IV-D-32 argued that all notifications should be In >yiiting -cbyill; becausVtelephone notifiedtiqnJdo.eV.riot'i result in a legally enforceable written records Also, commenter IV-D^32 stated requiring faxed messages to be followed 87, IV-D-88, and lVrD-94 suggested that by telephone contact to confirm proper EPA allow the use of some other means transmission. More than one : : besides certified mail for renotification. transmission may be required. In some such as same day telephone or telefax -. instances) qualuy cannot be improved. -) ; messages, when a 5-day written notice Also,.'because of compe ting message's, it -.would further delay the project. This' 5.T V Voften requires a long time.before a fax ; ;-would be simpler and less time- r can be properly transmitted and fi.'riiri-: ); ydh'suinirig'.'Corimferiter JTV-D-41 also V'V .verified.-The EPA may consider the use 1. suggested.that, when it is feasible to .-J - ; of fa.csirnilq,machines,in.lthefuture when*, provide a 5;day'wTitten notice," ~- i their reliability[has been improved. ?: delays are known at lea"st 5 days in . -"?The EPA does'.not consider it '' '-advancei then such notice would be' )-. necessary to allow the use of the -.->. provided. Also, as commenters IV-D-46, telephone, for. the .original notification of IV-D--49, IV-D-50, IV7D-58, IV-D-60, a demolition or renovation activity .-.. IV-D-62, IV-P-C9, and IV-D-73 covered by this standard^The suggested, a telephdnrinptice'.could be a. notification must be.-in writing. 7. ' followed by a written notice.' ... ...WhereStates or.local authorities According to commeriters IV-D-23, "-V.-. " enforce their own asbestos regulations,'*" TV-D-24, IV-D-36, IV-D-37,'IV-D-41, " " - they may choose the notification . IV-D-42, IV-D^43, IV-EM5, IV^D-46, ; ` procedures. But if a State is delegated : . IV-D-49, lV-D-50, IV.-D-51, IV-D-58, ) authorityforienforcing the NESHAP, ' ' IV-D-59,1V-D-63,1V-D-64, IV-I>)73, then they must adherelo the NESHAP's . ' requirements).aj r:;;fvr ..7- - ::vThe EPA.i.s.in agreement.with the .> . IV-D-75, IV7D-76, IV-D-73, rV-D-87, iy-Dr88, ah'd iy-D-94, there are' ' 1, numerous iinfore'seeriTactors, such au `' commenter who favors written . equipment mobilizationprbblsms,'; . .. notifications oyer telephone. \'V'r`r.'a r;7 personnel ayaiiability, weathef/or other .l---...a_.rnrEttr-eeoheeslnrpPfJicqcefdm.triAleeiuteicfrisieiiniqlvcirearhshetueuanrl'o'myeisltttreaumoerupmemidlrodrnntteeoehhratsbq"dspocek.euithsaoirh(nfaeiasn5oraagtie5nderoittmnbdiittFsntneodhmeRngtodthedrht`.o.ew2^tiet'Echo9mttiNee7.Patiaha1fErtAwvmil2SO.cO'or,iaituHniJSaShrdliuAeeodHHtldPlyiutcAAOouh.to2ephSTnu0ndla,mnhiHutc'is1'nderAa;9iouun_t9si;rlge.0oyS,,_ts):n.y1-/-?,.. ;/."c..V//.'.rrn'pteaSrcaeeheoroxdrem'asoniptmddvruiojfloeii'aeJimslttctvctiiirhiofnaiat^eainencetfldrliipaiadppou^tifeftlrnrnnfitirtoiwoehrc^.h'rejr;TuyaeeaVsiajstlhciufT^tsteeietitplceonhD'stqjcnsneqg8jeuor,absip4rimitcbartferhteaoloe'smqesammrupdut'etpqg.o.iemqirncgrndseroafneieeejmttjnpnlssehdratsetr.eccee'owndatadrjotsauiednstrtsthech,idegelta.cta'i;.ohnoacty"teauEVb'hs!li'sPed.rJ'.JA't.jrs)Vj)` i'.;-.'.. 'that allowing the.use of telephones IjrihSj allow'a'pfoject to start vdthih'some V -'V- w'o'uld promote.schedule change's .for jjitl;' . reasonable period.,of time, sudt as;a r.V-7-; minor`reasons that would hot otherwise'': 'Comment- Numerous comments; were, ;. -'couple'of daysj-'of the o'riginal starfdate be considered. 1 received on the proposed renotification;/ without having.to renotity EPA in Response: Several of the commenters requirements. Although a few favored . writing. The EPA should provide for objected to the required use of certified, the requirements as proposed and a few . some flexibility in predicting the exact mail even though EPA proposed the use1 thought the requirements should be - -.ay - . start date. In the experierice of one of . . - of certified mail as.a way'of ensuring more stringent, most of the commenters ; ..the commenters,' jobs usually start / . that owners/operators had proof of '.--V. favored the use of telephone^ ).-;: -.within a day or twp'of the scheduled ., notification. In .view of the negative i . renotification. The comments were as : datef v comments and after reconsidering the "follows: v/, :J./ ; - Response; The EPA agrees that a 1(> . issue, the EPA has decided not to "ifVC*." ) Commenter IV-D-28 disagreed with s ; day advance notice is appropriate for -. require certified mail although its use ';: - the NADC comment in the proposal ^.r.- ' demolitions arid renovations that can be would be allowed. The use of the regular preamble that renotification by ' . planned for and scheduled. In some mail system, ;.e., U.S.'Postal Service, has telephone should be allowed: '.j. -situations, however, such as emergency worked satisfactorily in the past and . conunenter IV-D-28 recommended a 10-. .renovations or government-ordered J jz: .will continue to be allowed. Also, day written notice for.all projects. demolition of buildings that are in . . because the rule specifies postmark - Commenter IV-D-21 suggested that danger of imminent collapse, EPA "* * * or deliver * * private the renotification provisions be made considers shorter notification periods . overnight mail delivery is permitted. ' more flexible by allowing the actual ' appropriate. For renotification, a 10-day Regarding the use of telephone start date to vary by a couple of days for additional waiting period would be facsimile (fax) machines to transmit projects lasting longer than 5 days - excessively burdensome. -. : notices, EPA does not consider these before requiring the owner/operator to ` ' The EPA has considered the systems to be sufficiently reliable, at . - renotify. suggestion that telephone renotification this time, to allow their use. Often, it is Commenters IV-D-21, IV-D-25, IV-D- ' be permitted and has determined that difficult to know whether a transmission 26, IV-D-36, IV-D--37, IV-D-41, IV-D-'... providing for the use of the telephone, ; was successful. Disadvantages . .. 42, lV-D-45, IV-D-46, IV-D-59, IV-D- followed by a written notice, would ; , . associated with their use include 50, IV-D-58, IV-D-59, IV-D-60, IV-D- . provide the necessary flexibility and occasional incomplete transmissions 61, IV-D-62, IV-D-65, IV-D-69, IV-D- . would be in the best interests of both LAM 017348 DPMC-11077 V.--- 48412.. ;Federal Register7^01.55,,No; 224 /.Tuesday, November 20, 1990 / Rules' and Regulations the regulated community'and EPA, The' ' excluded because renters of apartments considers such additional training 1 EPA does not want to interfere with are frequently exposed as a result of important to maintain familiarity with commerce by requiring a 5-day waiting asbestos work performed by untrained the NESHAP as well as to keep abreast period for a written renotification when workers.': . ' ' of any changes in the standards. a telephone call followed by a written Response: The recommendation to - renotificatiorf would suffice. Nor does remove the exemption for residential EPA wish tomake useless visits to jobs facilities having four or fewer dwelling Sanding, Grinding, or Abrading - " NonfriableACM -/ that have been rescheduled because a . units would expand the scope'of the, ' Comment Commenters IV-D-15, IV-- , written renolificatiori of a change in rule. Revisions that alter stringency may ID--47, rV-D-48, IV-D-55. IV-D-84, and ' - start date was" not received in time. - be considered during a later'rulemaking.; rV-TJ-95 considered asbestos;containing However, EPA does not consider " flooring products, such as tile and sheet .. *?:. - residential structures that are.;. vinyl flooring, to always be nonfriable < ; Comment; Commenters IV-D-9, IV-lL demolished or renovated as part of a and. exempt from the rule, with the'; ; - - -.? . 14. IV-D-41. IV-D^42, and IV-EP-49 - commercial or public project to be; : v ; exception of flooring that was being ;-l:. stated that the scope of the term Il'rjfr.'.; exempt from this rule. For example, the -..- ' sanded (Commenters IV-b-47 and IV-! - f-- "emergency renovation operation" ' demolition of one 'or more houses as part - Ii-48.) ^ 7. H -:.:7v' ...;; ; `.. Response:The EPA considers thel..'2 deliberate sanding! grinding, or abrading - pipes, boiler failures, arid'other.Jj, facility, or othef'private development;'';' situations that could present potential . would be subject to the NESHAP. Nor |, public health orsafety hazards if not. ' would the conversion of a hotel or large. . (including drilling, cutting, and chipping) of all nonfriable materials, including; -:. resilient floor covering, asphalt roofing" material packings. and gaskets to.be . sources of asbestos emissions and the 4; ACM tbb'e treated'as if it were fnable-fi - '/ . .when It isTsandecl ground or abraded.'^? ;'-'- Also, a definiitfon'of "grinding'! is asbestos materials; that are subje'ct to -'-" the reguIatiorL For example, typical floor ,......... sll.r.'.`subject to the NESHAP.':"/ as those.that,lfndrqtfWy'$ine^edrr''5iv ' could reasonably be foreseen tiTfesuIt in .Definition of Installation 'tile removal methods, such as M-&-i?-' : mechanical chipping, result in the floor-, tile being-broken up into numerous small' ; anunsafeordetrimentalefTectdri ^.. Comment.Commenter fragments.This removal method j v. healtli For examplei'a boiler in ah-^^x'.' ' argued that thedefinitioiiofii--i.ih'.t^''1!-';'.' 1 subject tothe NESHAP provisions. 'j apartment building that'suddenly^.''. ,7'* : "installation" needs clarification"and / | V'7. malfurictidn's during the winter would 1 asks whether a group of residential Other floor tile removal methods are available that do not result in the . | .- need to be repaired immediately. To V;.'' buildings would be excluded; The y- material being so severely damaged...; . I -.- : protect equipment from significant ' : r .; commenter argued .that a group of : Such methods include the use of heal; ". ./ damage and to avoidimposing an .' ~J/.7 residential buildings at one location- ' from heat guns or electric heat .; 7 ;:.. unreasonable financial burden by;'.'';'"" being demolished or renovated by one ; machines,, the use of infrared machine's.:' x' ' requiring sources that experience a' ./.;'_' developer should be covered.-v-tti flooding with water or amended water, _ sudden unexpected equipment failure to Response: A group of residential-;; and the use of dry ice or liquid nitrogen. / r.wajt 10 days, the final rule includes buildings under the'cbhtroFof the same These'methods when properly utilized .7 equipment damage and financialJiurfen-/owner or-operator is'cohsidered \ allow the tiles to be removed with as-'/;': a Q O O rt 1 t, 5 T IM an A rt M VI A vn A IWI A M ftie k ^ A 4A ITa A m a a aa IT A a I A IXa 1% aIa Ca t, A A _ . minimum of damage, to the tiles and would riot be'subject .to. the NESHAP.jj;':... v accordingly! w.i ; Eiefinitioh of Facilityj several houses located on highway -... right-of-way that are all demolished as - part of the same highway project would Definitiori of Norifriable Asbestos -. MateriaL;,. ... . -. ../ Comment Commenters rV-D-15 and . I\y>7e9 asserted that the meaning of/.. .. :$7,`nonfriable". is uriclear because it- waV/7V; not defined in the fevisionapr6pqsed.bri.-c/. 4 JanuarylO, 1989. A problem may result ; -.`or operator, f.e., the highway agency if it i3 considered the opposite'of friable.- demolition and reennbov.vaattiipohn aanndd//\*ii;--"-::^/w. . responsible for the' highway project V-'v ' Commenter IV-D-39 also argued for a 7 associated waste: disposal ihyolv'el'-'TvA/u. definitiori'of "nonfriable^ and'asserted '; significant quantities3 orfasbestos and .Training. o that, like "friable," the threshold of at- should be regulated. Commenter IV-D-;- Comment- Commenters rV-D-18 and least 1 percent by area should apply. ' - 54 argued that residential buildings' IV-D-66 recommended that a refresher ~ Response: The EPA agrees that the ' - having four or fewer units'should not be course be' attended every 2 years. . meaning of "nonfriable" needs to be- . exempt from the work practices Response: Regarding die commenters clarified. A definition of "nonfriable provisions even if they are exempt from who recommended that refresher .i asbestos material" has been added to - the notification requirements/'; courses be taken every 2 years, EPA : the final rule. The EPA considers Commenter IV-D-94 recommended that' agrees and has modified the rule to - - nonfriable asbestos material to be " only facilities with one dwelling unit be require refresher courses. The EPA' material containing more than 1 percent LAM 017349 DPMC-11078 -Federal Register '/ ;VoI. 55,No.:224 / Tuesday, November. 20, 1990 / Rules`and Regulations ::48413 asbestos by area that cannot be : ' clearly do) Further, OSHA requires that ' in view of the Superfund Amendments : crumbled, pulverized, or reduced to / / ' workers be informed of hazards to " ' and Reauthorization Act (SARA) Title ' power by hand pressure.'However, some , which they are exposed. Accordingly, j- III regulations. Commenters IV-D^28, " nonfriable asbestos materials can be EPA believes the provisions of ' ; IV-D-39, IV-D-41, IV-D-75, and IV-D- crumbled, pulverized, etc.,'in the course ' 5 61.149(d) are appropriate as proposed 83 asserted that EPA should delete the . of demolition/renovation operations . ' and should not be changed as suggested. semiannual reporting requirement in '. ' Z . leading to asbestos emissions and are, . therefore, subject to control under the -' r .EPA Identification Number .....,U'-/*. - 61.150(d)(4) because it is redundant - since the information is'also provided > . NESHAP. ; ///V'-.';' Comment Several comments ' ;.;. on the waste tracking form and will just' Wasie Disposal <s , .^..Marking ' '/ addressed the proposal to assign '.- tri.l: > add morei paperwork. Dommenter IV-Didentification numbers to generators of . Sl was'cdhcerried that small, rural ;, ' asbestos waste. Most of the.commenters r.landfills'will use the proposed Comment: Commenters IWfDf/ei and j' : IV-D-98 asserted that the term/ / "placard" is inappropriate because it has a'specific application tinder DOT . regulations for hazardous waste : : : transport, and that the proposal should ;; " be revised to maintain the disjunction' ' / . between "marking"-arid "placarding" as was'done in RCRA and TSCA rulemakings. : 1 Response: The EPA has modified the : - - final rule'to replace the term "placard," . - - a term used by the DOT in its regulation of the transportation of hazardous materials, with the'term "mark" as . . suggested by the commenters/ This. j... should help avoid confusing DOT ' "Y: -requirements with requirements'under ' Z: / found the requirement confusing)// - Commenters IV-D-9 and IV-D-49 stated 'that the system of using EPA . '. identification numbers is confusing and , misleading and should be subject to .public'comment rather than tacked onto . the'final version oHhe'amendments. - n' . Commenter IV-D-25 wondered how the system is to operate and whether they would use the number they already have . for hazardous waste) Commenter IV-D- . 20 was unclear as fo who the generator Z would be and suggested that the ; abatement contractor be considered the . generator. CommenterIV-D-28 thought j -that.this requirement would generate a . : list of onb-time generators, and that it should be deferred for further.study. ' - - Commenter IV-D^l asked ifRCRA - recordkeeping requirements as an.:i" ( excuse to refuse to accept asbestos ' waste, which could increase illegal . dumping. Commenter IV-D-94 stated ; that the regulation in effect prior to the .... . January 10,1.989, proposal should be .h ; .-retained.' CoiMenlers IVrD-24, iyrEi-^l, and ' IV-D-62 noted that most waste ." )/ . . shipment reporting"now'occurs on an I ). annual basis and that they preferred annual to semiannual reporting. ; Commenter IV-D--41 recommended that EPA adopt the biennial reporting used V.'I: by EPA's Office of Solid Waste (OSW)- ;' -~ Commenter IV-D-65 stated that, if necessary, EPA should supplement the j -existing biennial RCRA report.' :'. the NESHAP. t.." 7V ,:;iv ..Labeling- . hazardous waste identification numbers' w:ere going to be assigned to asbestos waste generators. As explained by - /Commenter IV-D-63.'asserted that it is .unnecessary for the generator 16 submit semiannual waste disposal reports. ' - ... . CommentCommenters IV-D-18, IV- ' . commenter JV^D-61,not all generators ', Commenter IV-D-81 stated that the '). 'J D-28, IV-D-41, end IVTD-84 1 '-ff r ;'<J i wdl have'ah EPA identfficatidh number . ../ prop.osal imp- ose..s .r.ed.un..d,a.nt..r.epor. ting recommended that EPA.in Section j as required in 5 61.150(d) (l)(i) and (4)(i). ' dl't ; 61.150, and perhaps; elsewherb, cite only . \ Commenters IV-EK62 and IV-D-63 \y /V.T-.OSHA labels and delete'refeferices'to"Xr;; .' expressed confusion oyer the propose ^CojBun^terlV-D^l'aj^u'ed that //A-7; ' other labels because OSHA'requires the : identification number and/urged that a . .industrial landfills on site that are:' V: ' .. use of their labels in'all ca'sesA; - single number be assigned to an'entire/ /.subject.to RCRA and State statutes/';./'/ ; /Response: The EPA agrees with the tj. company, rather than to' each building dr .. should be exempt from the reporting and commenters who suggest that dnly' ;; / ; ']' . facility. Commenter IV-I)-18 asked how-- recordkeeping requirements qf^ OSHA' labels be required on containers ` the identificationnumbers are'tobe' ;' 61.150(d). Coinmerifer TV-D-55 stated and has revised the final rule determined and assigned; is it to be . - ` that 61.150(d) does not define ; accordingly. "** done now; and, if the program is adequately who keps disposal records-' . Offsite Disposal . ; - delegated to a State or local program, : -. and who submits semiannual reports. . would this require a State identification ' Commenter IV-D-55 felt that building' . '. :: Comment Two commenters were number? ~ f- .v owners are unfamiliar with the report - concerned with placarding and other `Response: Because of the confusion / ' /.called for in 61.150(d)(4).' 1 '' requirements of 61.149(d).' Commenter "' 'expressed by all the commenters over -V . - Response:.Upon additional '. IV-D-22 stated that his company moves' how a system of assigning identification' consideration of this provision/EPA has ~ tailings from the mill by dump truck or '-. ' numbers to asbestos wa/sfe generator's'-'i . decided to oihif the requirement for " earth-moving equipment to a disposal would work'/EPA has reconsidered this . semiannual reporting from today's rule. - - site on company property and would - ' revision and has decided to delete the J ' . This decision is based in part on several like the requirements for placards, etc., "* requirement for an identification ' ' ; comments opposing semiannual - in 61.149(d) changed so that they ' number. The'EPA is confident that, even - reporting as'unnecessary. In addition,' ; . would apply only to transport to an " . - without such a' unique nuinbefing': . because of the large commitment of' offsite disposal facility.-- . system, it will be possible to track waste enforcement resources that would be Commenter IV-D-93 also suggested shipments for the purpose of pursuing required for such a system to properly that the requirements of 5 61.149(d) enforcement actions. - function, EPA believes that the proposal should apply only to vehicles . transferring waste offsite. - Semiannual Reports is overly ambitious at this time. The EPA believes, however, that Response: Although company Comment Commenter IV-D-4 enforcement can use the available personnel may not require a warning opposed semiannual reporting by information and adequately identify that asbestos waste is being generators or disposal sites but violators by comparing the waste transported, others who are on site and recommended exception reporting by records that are required to be kept by who are not company employees, e.g., both. Commenter IV-D-9 noted that waste generators and waste disposal vendor and construction personnel, semiannual reporting is also redundant sites. At this time, a more workable . LAM 017350 DPMC-11079 ' 48414 7 Federal Register I, YoL.55; No. 224 / Tuesday, November'20, 1990 / Rules and Regulations " " solution will be to require disposal sites. ' allow members of the public and ;''. specifically requires the completion of a to report to EPA whenever there is a - - industries involved to readily identify Regulatory Flexibility Analysis in those ' discrepancy between the amount of and locate documents so that they can instances where small business impacts waste received and the amount reported . effectively participate in the rulemaking are possible. Because these standards- on the waste shipment papers. The...- : process. Along with the statement of impose no adverse economic impacts, a discrepancy report should be submitted basis and purpose of the proposed and . Regulatory Flexibility Analysis has not to the same agency that was notified of . promulgated revisions and EPA : been conducted . ' . the demolition or renovation and, if responses to significant comments, the different, to the agency responsible for contents of the docket, except for administering the NESHAP program for. . interagency review materials, will serve the disposal site. In addition, new and. .; as the record in case of judicial review existing disposal sites will be required ` (section 307(d)(7)(A)).V- ::v: ' to comply with the general reporting. ,.... The effective date of this regulation is provisions of 40 CFR part 61, November 2.0,1990. Section 112 of the ... 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 ' ' Specifically, new disposal sites will be Clean Air Act provides that standards of required to comply with the requirement performance or revisions thereof ;': .: ;i to,apply for approval to coastfuct_V;--:? become effective upon promulgation h : 61.07),'andjthe requirements to notify.. except that in the case of an existing \ ... EPA of startiip-'dates {' 61.09). Existing j.*.'' source! the'standard shall not apply; crM. disposal sites that will accept asbestos' until 90 days after its effective date. ;r/. > waste after the effective date of the. rule- ' As prescribed by section 112, the will be required to supply EPA with promulgation of these standards was Asbestos, Beryllium, Benzene; .7;. Hazardous siibstances, Mercury, Reporting and recordkeeping requirements. Vinyl chloride. Blast-:.- - : . furnaces,' Steel mills. 7 ' 7.' Dated:October29.199a William K. Reilly, ~' certain information concerning their .... preceded by the Administrator's Administrator. ~' ... operations ( 61.ip)..TTus.taft>nnatidn,^..;.- determination that asbestos presents a ; , . iv-':. will assistehforcement in fracking Jsignificantrisk to.human health' as a.2;,y.' '"result'pf ajx'emissiqns frqrh'one or more7; '''"CeptedJW^te^SmpmerURe^qrt-T.; source'cate'goriesiand is therefore ars-tiiv. hazardousaixpollutant (36 FR 3031,* 1. The authority citation for 40 CFR;..: . : ` The proposed revisions included ap. O7 .X' requhement for .waste generators indicate,'asp^6fa.XemiahhualVep6ft:>?^ . to the Administrator, waste shipments' . for. .which 35_days ormore.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.' p-: reports are not necessary,'it considers : this requirement a'vital part of then's :S- asbestos.waste tracking system and a . provisions for excepted waste shipment . reports is included in the final rule.. ..:...; dated March31.'T971). In. accordance i.-i', Twith`sectioh.li7.qf th'e'AcCpublicationY-:-; " of these promulgated standards wa3 IrCy preceded by consultation with: r.... . appropriate advisory committees,. v \ . independent experts, and Federal-;.. . departments and 'agericies.7."r.'j5:iH'.~j;:v:;'. 1 Section 317 of the Clean Air Act:.'! . requires.the Administrator, to prepare an economic impact assessment for anyh V.k. new.slandard promulgated under - -7". 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.-:::'.} ;; :.. Waste Conversion Processes _j.i T-C..7. 1 . '. Information collection requirements . Comment Commenter IV-D-21 asked: associated with this regulation (those. T . - that procedures for sample'preparation-: included in 40 CFR part 60! subpart A'".; " for.TEM be'clarified; that comminution and subpart XXX) have been approved... . size of particle reduction be specified; "3 by the Office of Management.and '. that the standard or interim method of Budget (OMB) under the provisions of..;.-: Authdri'ty:'42 U.S.a 74(ji; 7412, 7414. 7416p7ooi; .. . . ; 2.-3. Section 61.140 is revised to read : as follows:.' ..... . 61.140 Applicability. ' - ; - The provisions of this subpart are!.' 7: applicable to those sources specified in 61.142 through 61.151, 61.154,'and : .. 61.155;" J - 4. In 6i;i41, the following definitions , are revised: "Asbestos-containing waste materials,'.'."Commercial asbestos,!'. - . "Demolition,','.."Emergency renovation operation," "Fabricatingr" "Facility,'!-- : . "Facility component,"."Friable'asbestos materials," "Inactive waste disposal site,"."Manufacturing,"."Outside .air,!j ::V:': 'analysis, that is acceptable be identified;;:' : the Paperwork Reduction Act of-1980,44 and that laboratory qualifidatioris" ?:.* V" U.S.C. 3501 et seq. and have been ' '. . meeting requirements of the National . C, assigned OMB control number (2060- . . Institute' of Standards and Technology . .. 0101). '- .7., . ' : "Particulate asbestos material,"i,,=;5g.o''.{ii, "Planned renovation operatipn,';.^-.;: ^:-.; "Remove," "Renovation,': "Roadways,": "Strip," and "Visible emissions.!',. - . ; (NIST) and AHERA be identified^:; . Under Executive Order 12291, ETA is The following definitions are added:. :<Xrh .^Response::Currently.EPA has nbYvf^t'it;- f required to judge whether a regulation is- ; "Adequately .wet,".-".Category I-i; .'i'irivi- protocol fqr.TEM.analysis.of putput'r'mqs'': a I'major rule^and Aerefore subject..tq'y;:: nqnfriable ACM.'bVCuttmgJhJ'Category.;; materialsi.The firial rule requires th'e.f the requirements of a regjJatdry impact -;! II norifriable ACM," "Fugitive sources,";:':' owner: or operator of waste conversions; analysis (RiA): The,Agency hasi;;: "Glove bag.,!.TGrindihg,'!7`Iri poor i;!;, :-;7 processes to submit a protbcoi;fdry.'tt?i?v," - determined that this regulation would' TT concfitio'n,V-."Installation,".-"Leak-tight,'.'-;.,! ''^sampling and. analysis by. TEM for^ '/rST. 'Result in none of the adverse;ecqnomic,> "Malfunction,'',. "Natural barrier.".-, : :' approval by effects.set forth in section 1 of the Order.- "Nonfriable'asbestos-contaihing }r;:: v:' ' 1 V. Administrative v . ' ' ; 'S as grounds for finding a regulation to be'.. materia!,".."Nohscheduled renovation;':; a "major rule." The Agency has,' ; operation," "Owner or operator of a The docket is an organized and: 'T therefore, concluded that this regulation ' demolition or a renovation activity,':. complete file of all the information;, ' T." is not a "major rule" under Executive "Regulated asbestos-containing . '' considered by EPA in the development. Order 12291;;..kr-.- . V '" r ' material," "Resilient floor covering," : - of this rulemaking. The docket is a:-. - - The Regulatory Flexibility Act of I960 - "Waste generator.""Waste shipment - : dynamic file, since material is added J -..- requires the identification of potentially : record,'- and "Working day.'-''- throughout the rulemaking development.; adverse impacts of Federal regulations - The definitioria. "Adequately'wetted" The docketing system is intended to upon small business ntities. The Act and "Asbestos material." are removed. LAM 017351 DPMC-11080 'Federal' Register /;Vol. 55, aNor~224 '/ Tuesday,'November .20, -1990 f Rules rand Regulations : 7-.4&415 61.141 Definitions. pro Stiit ; burden. This'teiro InHudes operations * ?:~In poor condition means the binding'"-V; * -*.i* X r>c.; necessitated by nonioutine failures of of the material is losing ils integrity as ' Adequately wet means' sufficiently ; t equipment. mix or penetrate with liquid to prevent Fabricating means any processing .'. indicated by peeling, cracking! or . id;. . crumbling of the material, _r-.-.v 7.;;; y.:.,--.- . the release of particulates. If visible..[e.g.,'cutting, sawing, drilling] of a ' -Inactive waste disposal site means . emissions are observed coming from :p: .. manufactured product that contains' :>: - aiiy disposal site or portion of it where ! ;' asbestos-Containing'material, then that j*f " commercial asbestos, with the exceptipn ; material has not been adequately processing at temporary'sites'"* ...Wetted.,Howeyer, the absence ofvisible f;i fabricating) for the construction emissions is riot sufficient evidence df -l'iiS.restoratiqmbf facilities. In the case of being "means mill tailings'or any.waste that [performed as pari of fabricating. - ? contains commercial asbestos and is < '.Facility means any institutional, - ;generated by a source subject to the.-r - : commercial, public, industrial, or provisions of this subpart. This term - - residential.structure, installation, or ; . includes filters fr_"-- ' friable'asbestds' control of the'same owrierOr operator" (or owner or operator under comfnon control). 7. 7 V :77 ' Leak-tight means that solids or liquids -------------spill oiiL It also'means bkgs or other simitar pacKagmg -vii*; uuquyumTM . u--.u^p f^.Malfunctionmeans any.sudden and ;* contaminated with commercial .-y*V - : . units operated as a residential . -Az4 . f4Qufe of air asbestos. As applied to demolition and -. : cooperative, but excluding residential ., control eauinment'nr nrdcess emiinment -renovadonsoirerationg.'thls termalso'-. '.''buildings having four pc fewer dwelling 1 includes,regulated asbestos-containing units); any ship; pd any active or usua] manner so that emissions of ' ,v-. " material waste and materials : v`->Inactive waste disposal site. For,asbestos are increased Failures of , -.'contaminated with asbestos indiiding , purposes of this defmition, any building, ;. equipmeljt shall not be considered : disposable equipment and,clothing.. 1.1- stnicture, or installation that contains e. . n^lfuufictions jf &ey ar^ caui5ed in any '. , V*:.;. :.: > .,* ;1 -f'.' f i-loft used.as a dwelling is not considered . ^av bV Door'malntebaiw Sess =' ..Category Iponfriabieigsb^tosl'^'-'i- jX-?- if* *V -roperatiorvob any other preventable '-.-L'; .containing material (ACM) means' 5^^^.l.9st^?^?5r-A>^53p8et'ctfndili6nseqmpmeiit breakdown," asbeitoi-cbntaiiing padkiri^ga&^l:^^ hat was prewopstyubjqci.to,^^p.^ baal6Ju&&i& rrepsqiillilepnntt rfiinooerr mcovveerriinngv, hanndoascsnphnhafitt... . i.r t-hfis subpart .is- n-o- t-extculud,ed!,=r..e, gardless -Man-vufa-cturing means the combin-i;ng containin_g_- more than ^1 pe__rc_ecnot mmerc. ia.l asbestos--withanyother .v. . asdeterSned rising any material, excluding Category I7 inethodspeclfied taappeiSa^i!C'Stap^;;-,aassl>bCe8sttoq9li-^aarnida'tthheejwirpcceeasssaiia^ ooffttthoiss " *' combinatioh'into'a product. Chlorine-' V. nonfriable ACJ/f, containing more than l : 5 F, 40 CFR part 763 section 1, Polarized percent asbestos as determinecl using1 ^ LLigighhtt'M'Micicrrdossccooppyy,,'that,,-wwhheenriddrry,.--ccaannbe the methods specified in appehdix^A.^v*^^-':'crumbled, pulverized, or reduced toj/bri4r.>W~-!'v :-^-T v^ Psrd7eu-roCdyblu,apocrCamiezardemtndFnteo,oLr4tcpi0gbioaheCwltFcadMrRseubicrmpe>rbasob*y'tr'sloeItch's7dJoa6,mpJn3pyedr,u.afstlpnhveresacerttsar,izsonweunyrhd1e,e,.;no-*,.r. r;' phapmassoonibcwi^dnerredotsftpsetceocrrorsombhupcnyviyonthbinen(aaPtdgennLbbnddMtyypni)sap,rrevoMlmseelassiernusritifwrhztyehoe.taddhIinffeo.littgt1hhah0hesaetbp'rree't-shrftcfaoleins'n-t't-'-f^-ly?opodN.,behr atjy.oeesttrchuisctemattarhhlclajaolcitbtrbe'egeasseftfsrfafpre.bc'iNfecoclebradtsivmtiveueseesrluaylavco.lnpnhfbsrrwaea?arscahrnlitlcueue.al.drird.tfs,.eufessdrii,naeocllearlpukedasend > material containing' asbestos that is b~ ' :,-.-conteht by point counting using PLM. r; -;7- Wide ravines, ^and mountains, extracted from bib and has value 7^, r ^moteness by itself is not a natural.. .because*of its asbestos content .V'-^-'So Cutting means to penetrate with a -7 - '} sharp-edged instrument and includes ; " "Glove bag means a sealed sawing, but does not include shearing, compartment with attached inner glove's ; slicing, or punching.J -..i 7 used for. the handling of asbestos^; Demolition means the wrecking or .- i: coritaiiiing [materials, properly installed 7 materialmeans any material containing more than 1 percent asbestos as : ; determined using" the'method specified, in appendix A, subpart F, 40 CFR part taking out of any load-supporting 7 --!77 ' arid used, glove bags provide a'small 763, section 1, Pplarized Light structural member of a facility together 1 7 work area enclosure typically'used for '7 -.Microscopy, that, when dry, cannot be . with any related h1_a_n_dnli:n_g__o_p_e_r_a_t_io_n1s _o_r small-scale---a-s-ib' e- s-to's' stripping - cmrummhblple.Hd., npnuilverized., or reduced to the intentional burning of any facility. operations. Information on glove-bag powder by hand pressure. Emergency renovation operation ' installation, equipment and supplies, Nonscheduled renovation operation means a renovation operation that was and work practices is contained in the . means a renovation operation not planned but results from a sudden, unexpected event that, if not Occupational Safety and Health : necessitated by the routine failure of Administration's (OSHA's) final rule on equipment, which is expected to occur immediately attended to, presents a safety or public health hazard, is . -occupational exposure to asbestos ' (appendix G to 29 CFR 1926.58).' ' within a given period based on past ' operating experience, but for which an necessary to protect equipment from Grinding means to reduce to powder' - exact date cannot be predicted. ' damage, or is necessary to avoid or small fragments and includes . : Outside air means the air outside imposing an unreasonable financial mechanical chipping or drilling. -' buildings and structures, including, but LAM 017352 DPMC-11081 4.3416 Federal Register /.Vol. 55, No, 224 / Tuesday not limited to, the air tinder a bridge or Roadways means surfaces on which,.. - ; observation of at least 15 seconds -. ; in an open air ferry dock.? ; vehicles travel. This term includes.-by-, duration per source of emissions. Owner or operator of a, demolition or . - public and private highways, roads,1 -j f renovation activity means any person .- streets, parking areas, and drivevyays. who owns, leases, operates, controls, or Strip means to take off RACM from .. supervises the facility being demolished any part of a facility or facility- or renovated or any person who owns, .components, leases, operates, controls, or supervises ft.'*-.*..* ..f- ; : . (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 extent possible without' the demolition or renovation operation, or both. ' i . 'v ' Particulate asbestos material 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`spmb RACM';.,.' will be removed or stripped witliin a;-';''''-'; given period of time and that can be" predicted. Ind^vidualnonscheduled'.-'-yX- operations are included if a number`of such operations'can b'epredicted to-'-" ; occur'during a given period bf time; based on operating"experienced h'-.y ; Regulated asbestos-containing material(RACM) means (a) Friable -V *' . Visible emissions means any . emissions, which are visually detectable without the aid of instruments, coming'- from RACM of asbestos-containing ' waste material, or from any asbestos - r; - milling, manufacturing, or fabricating operation.- This'does not include/,?-: condensed, uncombined water vapor.v . Waste generator means 'any owrief'of operator of a source covered by this .. subp'art whose act or'process produces', asbestos-containiiig waste material.'r,:>-} Waste shipment record, means `the'-?-1: 1 shipping document, required to be ' originated and signed by the waste -generator; used.to track and.-Tt;-'--. Th ;-. dismanding 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 theT- - - '' 1 : Administrator, and revise as necessary, a written maintenance plan to include,'? ' at a'niininium, the following: '-.V--- ; (i) Maintenance sche'dulei''.^' ''J. . ,V? (ii) Recordkeeping plan! v-.yy' . (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 asbestos material, (b) Categorylinyria.i;-..?; ' and 2 and include the following: .honfriable ACM that.has becpniejiriypj-y.V friable, (c) Category I nofffiable ACM that will be"or has been subjected ; Wdrkirigdayvas& Monday throughr/. Suij'Data and bune.rif each' ihspecfion.'.';:.!" Friday and. includes holidays that fall ori'v. (iiyPresence,`qf.abs`enc'e'pf visible:?^; ?' 'emissions.^ sanding, griridjrig.' cuttin'g,"or abradingidC;: Tor (d) Category U;nbnfrmble.,ACM .that;ry; has a hi^`probability of befeoming brlSi' has become crumbled, pulverized, of ' reduced to powder by the forceivivi.'rtt- 61.142 Standard for asbestos mills. :-;.7, (iiij.Conditidn df^abric filtera.yTT, - including'presmfce.'of any tears, Kolesrv"'-' '.and abrasibns;:j'`V:T'y'''''";'-'T.'';'""':.''''? ' (iv) Presence of dust deposits on"clean expected to act on the material in. the'ey1-: i<; (a) Each owner of operator of an SV-y. ? side'of fabric.filtersdr^'VvTV,y." ' course of demolilion orfenovatipn^-;^ ^ . asbes tos mill shall either discharge no::;... -. --.. (v) Brief description.of corrective .. operafibns.regulated;bythi3-'subpart.V:i.-v: . visible emissions to the outside'air. from . actions taken, including date and time.;.-. Remove means to takeriut RACM or.--.-' . that asbestos mill, including fugitive'4-Ti;<'l:;?" (vi) Daily hours of operation for each, facility components that cphtainpr are.'v,: sources; or use the methods.specified,by'-." air cleaning dericerv - -.7:'%/^-^ covered irith RACM from any facility, -> :.Renovation means altering a facility- V. or one or more facility components in ;.. any way, including the.stripping or.:.. removal of RACM from a facility -;:.' component. Operations in which load-,! : ptaoh.saue6b(trb1sytei.)ics1deEu5teso2lacasacattohmiepr'e;coi'a?llwtlseo.bsa-n,-heneosa-rretlolomasmrriesmoespveiaoeettnnerda'trsieeitaocdlfr,ootbonollef,otfaaotwhinrneieni-'n--g-;g..?'?;r':;-'?"7-?-?. nuat'hnove(dar4mAei)laraFdbtlmuhlbreiinsuniassissifhnett'rcehuatseiptosoo'amrhnf,of:earueclrlqtseruedfeocsfroat,ri'cndaisslniptrdyeecmqdtuiauoikrrnieen?dbg:y.''--? supporting structural members are '.' ' requirements: : :.v ' . (5) Retain a copy of all monitoring and wrecked or taken'out are demolitions..' (1) Monitor each potential source of -; -. ' inspection "records for atJeast 2 years.y. ' Resilient floor covering means : ' t; ^asbestos emissions from any part of the : (6] Submit quarterly a copy, of visible asbestos-containing floor tile; including., mill facility, including air cleaning .- emission.monitoring recprds.to the.'.: ---' asphalt and vinyl floor tile, and sheet?'-'-.! 'devices, process equipment, ahdr Administrator if visible,emissions- ; -- ' vinyl floor covering containing more,""; buildings that house equipment forysri T? occurred during the report period-.; i-.:?- - than' j percent asbestos as determined!' i-r material processing and handling; at?-j o' Quarterly reports shall be postmarked 'using'polarized light microscopy1' ' least once each day, during daylight -- by the 30th day following the end of the according to the.method specified in--.'- hours, for .visible emissions to the ". ' calendar quarter.' - -- : appendix A, subpart F, 40 CFR part 763, outside air during periods of operation. ', Section 1, Polarized Light Microscopy.'' .The monitoring shall be.by visual. -v-- jV/.- LAM 017353 DPMC-11082 m Federal Register /-Vol..55, No..224 ./.Tuesday, November 20,..1990./ Rules and Regulations _>..48415 6. Section 61.143 is revised to read as to this paragraph, submit to the meters (160 square feet) on other facility follows: . -. . Administrator, and revise as necessary, components, or . 61.143 Standard for roadways. . a written maintenance plan to include, at a minimum, the following: - (ii) At least 1 cubic meter (35 cubic feet) off facility components where the No person may construct or maintain (i) Maintenance schedule. length or area could not be measured a roadway with asbestos tailings or (ii) Recordkeeping plan. .' previously. ' .- asbestos-containing waste material on . 'that roadway, unless, for asbestos tailings. '"' ' ' '' (a) It is a temporary roadway on an area of asbestos ore deposits (asbestos mine): or ' ^ - n . - '/ (b) It is a temporary roadway at an . active asbestos mill site and is ... . encapsulated with a resinous or " bituminous binder. The encapsulated ~ road surface must be maintained at a " minimum frequency of one per year to "prevent dust emissions; or;: . ] ; fc) It is encapsulated in'asphalt ; (5) Maintain records of the results of. (2) In a facility being demolishes, wily visible emission monitoring and air the notification requirements of.-.: ... cleaning device inspections using a - . paragraphs (b)(1), (2), (3)(i) and (iv), and . format similar to that shown in Figures 1 / (4)(i) through (vii) and (4)(ix) and (xvi) oi and 2 and include the following. : this section apply, if the combined ' (!) Date and time of each inspection. -amount of RACM is '.; - (ii) Presence or absence of visible '-T / (i) Less than 80 linear meters (260 ; emissions.,-; r ' ; - linear feet) oh pipes less than 15 square .. . (iii) Condition of fabric filters, _ ... : meters (160 square feet) on other facility including "presence of .any tears, holes . , components, and . - ; :- and abrasions.'. ...'. . .. : (ii) Less than one cubic meter (35 (iv) Presence of dust deposits on clean : cubic feet) off facility components > ;. aide of fabric filters/Jv/ -V /'where the length or areadould hot be concrete "meeting the specifications .contained in section 40i of Standard (v) Brief description of corrective . :. - measured previously or there is no . . actions'taken, including date and time.-- asbestos. ' ' ;- Specifications for Construction of Roads .. (vi) Daily hours of operation for each - (3) If the facility is being demolished and Bridges on Federal Highway .air cleaning device. - -.. under an order ofa State or local Projects. FP-85,1935. or their equivalent. :. . (6) Furnish upon request, and make government agency, issued because the 7. In 61.144. paragraph (a)(9) and paragraphs (b) (1) and (2) are revised, and paragraphs (b)(3) through (b)(8) are ' .added to .read as follows: I . : . available at the affected facility during normal business hours for inspection by . the Administrator, all records required . under this section. .' 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)), ' . (7) Retain 'a copy of all monitoring and (b)(5), and (c)(4) through (c)(9) of this - 61.144 Standards for manufacturing. : inspection records for at least 2 years. section apply. . ' ; -(a)* * * 'w (8) Submit quarterly a copy of the. /.; ' - (4) Iri a facility being renovated, : (9) The manufacture of chlorine . utilizing asbestos diaphragm technology. * .* -* * ' .. * visible emission monitoring records to b .'including any individual norischeduled the'Administrator if visible emissions : . : renovation operation, all the " -occurred during the report period. . requirements of paragraphs (b) and (c) : (b)*^ ? Quarterly reports shall be postmarked .;... of this section apply if the combined . (1) Discharge no visible emissions to by the 30th day following the end of the. amount of RACJd to be stripped, ' - ':' the outside air from these operations or . ; calendar q'uar'teri ; ,'r .. .. .removed, dislodged, cut, drilled, or , . Trorn any building qr.structure in which;. /wfl. Sections 6iA.48.and.61.147 are. f jvfiy -^similarly disturbed is'' they are conducted or from.any other "'). removed, and 61.145 is revised to read - ' (i). At leasf80 linear'meters'(260 iinear .fugitive sources; or as follows: - '; f.-- ' feet) on pipes or at.least 15 square : ..(2) Use the methods specifiedby 61.152 to clean emissions from these' ) .operations containing particulate : asbestos material before they escape to,' or are vented to. the outside air. ' - (3) Monitor each potential source of .`61.145 ..Standard for demolltion and ' . renovation. ; b .v ;,'; '>'bv. i'-V* (a) Applicability. To determine' which requirements of paragraphs (a), (b), and (c) of this section apply to the owner or meter's (160 square feet) on other facility -components, or .'v '.. .- ., .' (ii) At least 1 cubic meter'(35 cubic; ' feet) off facility components where the length or area could not be measured . asbestos emissions from any part of the operator of a demolition or renovation ` previously. -- .manufacturing facility, including air . . activity and prior'to, the commencement ' (iii) To determine whether paragraph ' cleaning devices, process equipment. - of the demolition of renovation, , .. .. .. '. (a)(4) of this section applies to planned and buildings housing'material; .=. -; . processing and handling equipment, at. least once each day during daylight hours for visible emissions to the. outside air during periods of operation. thoroughly inspect'the affected facility - ' renovation operations involving. . . or part of the facility where the i .-. individual norischeduled operations. -. demolition or renovation operation will predict the'corribined additive amount of occur for the presence of.asbestos,' . RACM to be removed or stripped during including Category I and Category II ; 'a calendar year of January 1 through The monitoring shall be visual ' nonffiable ACM.-The requirements of . December 31. observation of.at leas't 15 seconds';/ . _ paragraphs (b) and (c) of this section . (iv) To determine whether paragraph . duration per source of emissions.'. apply to each owner or operator of a . . (a)(4) of this section applies to .: . (4) Inspect each air.cleaning device at .. demolition or renovation activity, ernergency renovation operations, least once each week for proper including the removal of RACM as estimate the combined amount of RACM operation and for changes that signal - follows: ... to be removed or stripped as a result of the potential for malfunctions, including, (1) In a'facility being demolished, all the sudden, unexpected event that to the maximum extent possible without the requirements of paragraphs (b) and necessitated the renovation. dismantling other than opening the (c) of this section apply, except as (5) Owners or operators of demolition device, the presence of tears, holes, and provided in paragraph (a)(3) of this and renovation operations are exempt abrasions in filter bags and for dust section, if the combined amount of from the requirements of 61.05(a), deposits on the clean side of bags. For RACM is 61.07, and 61.09. air cleaning devices that cannot be . (i) At least 80 linear meters (260 linear (b) Notification requirements. Each inspected on a weekly basis according fee!) on pipes or at least 15 square owner or operator of a demolition or LAM 017354 DPMC-11083 45420 Federal-Register / Vol.- 55, No. 224 / Tuesday, November 20, 1990 / Rules arid Regulations . renovation activity to which this section ' (7) Provide the.Administrator with'a ' demolition or renovation techniques to applies shall: . - f* written notice of the new start date at ' : be used and description of affected- (1) Provide the Administrator.with f . . least 10 working days before asbestos' facility components:. . written notice of intention to demolish -'- - stripping or removal work begins. : (xi) Description of work practices and - or renovate. Delivery of the notice by (2) For demolitions covered by - : engineering controls to be used to U.S. Postal Service, commercial delivery paragraph (a)(2l of this section, provide comply with the requirements of this - service, or hand delivery is acceptable. the Administrator written notice of a ... - ; subpart, including asbestos removal and -. (2J Update notice, as necessary, including when the amount of asbestos new start date at least lO.working days before commencement of demolition. waste-handling emission control . procedures. ' affected changes by at least 20 percent.' ' Delivery of updated notice by U.S. - (xii) Name and location of the waste ; .(3) Postmark or deliver the notice as- ' Postal Service, commercial delivery disposal site where the asbestos- follows: . l: . ; ; . . sendee, or hand delivery is acceptable. . containing waste material will be ... (i) At least 10 working days before (C) In no event shall an operation . deposited. asbestos stripping or removal work or, ; covered by this paragraph begin on a .. (xiii) A certification that at least one ; any other activity begins (such as site . ' date other than the date contained in the . person trained as required by paragraph: preparation that would break up,'- written notice of the new start date.;.'r , -. . (c)(8) of tills section will supervise the - dislodge or similarly disturb asbestos ' -' material), if the operation'is described in-' (4) Include the following in the notice: ' stripping and removal described by this (i) Anindication of whether the notice, - notification. This requirement shall-r --'i<.:f('tppnbt(t.hohah.aeaa-oeee)_r)(frr(t((ioaari4iiy4eofi)eriggi))e)nepcn(A(rrAadiaeiaadiiditirsrtpp))oviealfohheafoaoetm_nsiatnfaro(tiwoahostd(nr1hat)lleh3Wyi(i()it1sc2srsaieao0'(a)dsc)1aqsn(ieeowh)e4spucs'fbnao)noitdc(treidnrhiopserevlgaddiinstd)bssiirnn)i-c(cbeT1y4ssgeorld0r)e.eei.fi.bdiia.crs(wtebaieht'r'bdpieoyxoip;seafscri~nronkifeesn.b,ari-'p:cneeg.eg-etc.gf'rgodtba>irdiio'uvepEnafne,thg-r.-y.:\nS^;4-s;Io.o-S;e.f>!:-J--.>--!"-'i''!]..np.,asrnociseiu.forupzf.ni(((mteneeomihiiovictirr)beir(bva)tNjasu'eeaetDoTtcosadrjtruryietermoooiopapgs'anpfrfareeicnenf.fboirl,fdoaotitowmhpaolofttetdnhherooifodseetrptte)rnrhheea,areeossroasrars'bfffe[gtaa;soetivehoqccapsijsen'iuinteall.oeii:adrrtftsdyaiya(rdde^tt.Rc:;neoieo'npfierolml-ewecf.imett-elpon'iuysoft.l,hei].idveoc.troivaainoafnlannfntganide,oond.tn,brd...e;,.*,.\i:'l;7,:,i-.i-h'b.ppnltb.a,ohwa-eaaertcetos((mglcraxaxr.amiocpionvelitgvmhr)^:r,ugrd)de-AalFetogeteiFdptivoareflrochee.ietrtgfwoorirf,deo(endpfaaatrnacmehtysr)nhcti(emoeie3deoivislrf)nniefspgatdttoiutohieeue1hirefttierstemsiidythifopchi,oedoroc;^yriesraeearalw.idigrtsnstrtsieeayiuoacedoerr^lrnfniaonciottosb,thett.faviihre'etooritdathadhinn've'md"-etl.,leii.aoindbKt'S\t'hnwae-eHtesath'evo'"it-oo."entt-"ho^;'aXrr;,;-:'"i;l'.- s. hot later thani j^efqUo^^'V^rkid^-^re ^'described in paragraph (a)(4)(iv) of.thls;~4 day if the operation isa demolition presence of RACM arid Category. I rind'r *' section, the' date arid hour that the . ordered according to paragraph (a)(3) of , -.. Category U nonfriabIe;ACM. . emergency occurred, a description of the . this section or,;if the operation is - (vi) Estimate of the approximate'ylT/': r- sudderi, unexpected event, and an' -. . renovation described in paragraph- airiount of RACM to be removed 'from; f. . explanation of how the event caused an (a)(4)(iv) of this .section. V.-. k-_,s : the facility in terms of length of pipe in - i unsafe condition, or would cause .... 1 '. (iv) For asbestos stripping or removal.,-; linear meters (linear feet), surface area equipment damage or an unreasonable work in a demolition or renovation .; in square meters (square feet) on other!; financial burden/ ; . v' v~ operation, described in paragraphs (a) facility'components, or volume in"cubic' " (xvi) Description bf.proccdures to be ' (Ij and (4) (except (a)(4)(iii) and . ' meters (cubic feet) if off the facility V ': followed in the event that unexpected (a)(4)(iv)) of this section, and for a i components. Also, estimate the RACM is found or Category II rionfriable demolition described in paragraph (a)(2)' approximate amount of Category I and . ACM becomes crumbled, pulverized, cr of this section, that will begin on a date Category II nbnfriable ACM in the' reduced to powder. . '" ' - -. otlier than the one contained in the affected part of the facility that will not (xvii) Name, address, and telephone original notice, notice of the new start be removed before demolition;" "- . number of the waste transporter.- date niust be provided to the 1 (vii) Location arid street address :- , (5) The information required in Administrator as follows: " .1. ` . (including building number or name arid 1 paragraph (b)(4) of this section must be .. (A) When the asbestos stripping or . floor or room number, if appropriate)," reported using a form similiar to that . removal operation or demolition ^ - -. city, county, and statefof the facility" : ; shown in Figure 3."' .- ;.v : .' .. operation covered by this paragraph, wall - . being demolished qr'renoyated.' - (c) Procedures for asbestos emission -. begin' after.the. date contained in the S':'! -- (viii)ScheduIedstarting and. -::.:!''; - .: control. Each'owner or operator of a . notice.'. ' " ' ' ' .' ; ' ' -' ` completion dates of asbestos removal ' demolition or renovation activity to" ; (1) Notify the Administrator of the , ' v/ork (or any other activity, such as site - whom this paragraph applies, according new start date by telephone as soon as - preparation that would break up. . to paragraph (a) of this section, shall possible before the original start date,' :, dislodge, or similarly disturb'asbestos'", comply with the following procedures: . and H >7, N.f'vf'i't?: /SSs-If:-' ' 'materia!) in'4 demolition dTrenpvafion{'<i: (1) Remove all RACM from a facility ;'!; (2) Provide the Administratorwitha'v-:.;' planned renovation operations involving ii being demolished or renovated before.7:7- written notice of the new start date as .'.r individual norischeduled operations ' - any activity begins that would break up7 . soon.as possible before, and no later shall only include the beginning and u dislodge, or similarly disturb the than, the original start date. Delivery of ending dates of the report period as i' . materia! or preclude access to the' . the updated notifce by the[ US. Postal described in paragraph (a)(4)(iii) of this-.,-'' material for subsequent removaL RACM Service, commercial delivery service, of . section.- > . need not be removed before demolition, hand delivery is acceptable. (ix) Scheduled starting and - '. if: .............. ;'; -: ' - . (B) When the asbestos stripping or completion dates of demolition or . (i) It is Category I nonfriable ACM removal operation or demolition renovation. v that is not in poor condition and is not operation covered by this paragraph will (x) Description of planned demolition friable. begin on a date earlier than the original or renovation work to be performed and (ii) It is on a facility component that is . start date. method(s) to be employed, including encased in concrete or other similarly -7 ! X t; LAM 017355 i DPMC-11084 JBatwnnwii, .Federal Register / Vol. 55, No';'2247 .Tuesday, November 20, 1990 / Rules and. Regulations , '48421 ;< ; . hard material and is adequately wet based upon a determination that it is ' ;. (7) When the temperature at the point whenever exposed during demolition; or equivalent to wetting in controlling ; .. . of wetting is below 0 "C (32 *F): . (iii) It was not accessible for testing - emissions or to the methods allowed in (i) The owner or operator need not and was, therefore, not discovered until paragraph (c)(3)(i) of this section. comply with paragraph (c)(2)(i) and the after demolition began and, as a result (iii) A copy of i.ie Administrator's wetting provisions of paragraph (c)(3) of . of the demolition, the material cannot be'; written approval shall be kept at the - ..this section, y :; i- ...safely removed. If not removed for worksite and,made available for.- -J '(ii) The owner or operator shall .'.' ' safety reasons,' the exposed RACM and .V any asbestos-contaminated debris must 1 be treated as asbestos-containing waste material and adequately wet at all times : until disposed of. .... (iv) They are Category II nonfriable .'inspection. . . v.v ... , (4) After a facility component covered with, coated with, or containing RACM -.has been taken out of the facility as ay' unit or in sections pursuant to paragraph * .(c)(2) of this section, it shall be stripped !- remove facility components containing, coated with, or'coverbd with RACM as . units or in sections to the maximum -extent possible. ; (iii) During periods when wetting . . . . . ACM.and the probability is low thatthe or contained in leak-tight wrapping, operations are suspended due. to . . materials will become crumbled, .: except asdescribed in paragraph (c)(5) . freezing temperatures, the owner or ; pulverized, or reduced to powder during . . of this section. If stripped, either operator must record the temperature in demolition. - ;. .' y - '-y :. ;.; (i) Adequately wet the RACM during . the area containing the facility (2) When a facility component that stripping; or. '.";. component's at the beginning, middle, ! contains, is covered with, of is coaled - . .r. (ii) Use a local exhaust ventilation and end of each workday and keep daily with RACM is being taken out of the and collection system designed and temperature records available for .' facility as a unit or in sections; ............ ... operated to capture the particulate '=' ' inspection by the Administrator during .. (i) Adequately wet all RACM exposed asbestos material produced by the . normal business hours at the demolition during cutting or disjoining operations; . stripping. The system must exhibit no . or renovation site. The owner or . . and ,.. -r. - . -visible emissions to the outside air or be - operator shall retain the temperature - . (ii) Carefully lower each unit or designed and operated in accordance records for at least 2 years. .: section to the floor and to ground level, ' ' 'with the requirements in 61.152.' (8) Effective T year after promulgation . not dropping, throwing, sliding, or . " ,;(5) For large facility components such of this regulation, no RACM shall be otherwise damaging or disturbing the :as reactor vessels, large tanks, and stripped, removed, or otherwise handled RACM. - -steam generators, but not beams (which or.disturbed at a facility regulated by' {3}'When RACM is stripped from a ; must be'handled in accordance with J-- . this section unless at least one on-site . facility component while it remains in paragraphs (c)(2), (3), and (4) of this ' ' V ^representative, such as a foreman or, place in the facility, adequately wet the _ . section), the RACM is not required to be .- management-level person or other/:- RACM during the stripping operation. . stripped if the following requirements authorized representative,' trained iri the (1) In renovation operations, wetting is - 'are met; ; provisions of this regulation and the not required if; ' (i) The component is removed, . j means of complying with them, is . ` . (A) The owner or operator has , . . transported, stored, disposed of, or present. Every 2 years, the trained on- ' obtained prior written approval from the'-; reused without disturbing or damaging site indiyidual.shall receive refresher . Administrator based oh a written ' :theracm.V? 7 .training in the provisions of this ` : ;' application that wetting to comply with -f ' (ii) The component is encased in'a : regulation. The required training shall this paragraph would unavoidably ; leak-tight wrapping. ........ _include as a minimum: applicability; damage equipment or present a safety " )... (iii) The leak-tight wrapping is labeled . notifications; material identification; }. haz'ard; and ,5 /"/"' . . :.'f `according to 61.149(d)(1)(i), (ii), and . . i - control procedures for removals ---:- , V (B) The owner or operator uses of the (iii) during all loading and unloading including,'at least, wetting, local exhaust following emission control methods: operations and during storage. . ventilation, negative pressure (7) A local exhaust ventilation and (6) For all RACM, including material enclosures, glove-bag procedures, and - collection system designed and operated to capture the particulate asbestos y. : 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. - (2) 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. (ii) 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 ' 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, 1 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 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.' , ' (S) Fur 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. written approval from the Administrator wetted. BILLING CODE 6S6O-'0-M LAW! 017356 DPMC-11085 DPMC-11086 . .'Federal Register / Vol. 55, No..224:/Tuesday, November 20. 3390 / Rules and Regulations'! H- ?.! : ,48423 ... .[NOTIFICATION OF DEMOLITION AND .RENOVATION {continued) ..7 C. .DESCRIPTION OF PLANNED DEMOLITION OR RENOVATION [WORK/`AND METHOD (S) TO' BS USED:; 5 3- XI. DESCRIPTION OF KORK PRACTICES AND ENGINEERING CONTROLS TO BE USED TO PREVENT * /EMISSIONS OF ASBESTOS AT THE DEMOLITION AND RENOVATION SITE: : -XII .'.WASTE ;TRANSPORTER :1 > ' .` ...vi. 5 "'X V* ::r ! T~*`. - - T. t`?X y'l'Z.V ` ' ' -,? . ^Address ---; ry:' 't.*'Y:v^'-\ . *4\d;\$. V:t`*a iri,tk';::y 5= uveice UZ t-'V. K_. 7 X.'vXT-Vr:f L-V'.: 'c-,:r:'' ^ - . City c ` - ." Contact Persoru . ' ' .. :. State* . . - - Sip I ._ * Telephone!' .*1:WASTE . TRANSPORTER.-.*2.. Hase 1 ~--V. Addressi city* /'^'yv; 7;-.1; ;,"7.'.7 . Contact Personi -"X-;'. - '" r r V"1 *" i.' =.'** . y.' State! '.I T1.*; ^;-..7 ' . *; . i,-'- .; : '"Eipi * ... .. ; : . Telephone! ` XIII. .WASTE DISPOSAL SITE Uaraei /. *** ^ - -- .Locationt *. " : Cityi*' .-V-`. `v`-X '.'''i ;`.\v vi**;_"-*.//.. ...Telephone* -t.>*...- -< ' ' .I.!,.;: !;v. *! ^. W,- VTFii;: State 1 . .`.-IfJZpy ;;; r'XX.'XV-XX'. ' ';/7 ' `~.2ip i '.jr.cfW".UC;t -j; XIV..' TF DEMOLITION ORDERED BY A GOVERNMENT AGENCY, -PLEASE* IDENTIFY -THE' AGENCY BELOV?: ' "Kama*./ . ,r ; /. -j : 7 v.#,` .:'.T.:;?/ . v r.-- ' - " Title: _ fi 7-V ; ''/ ' " Authority* -y-- -- -. ` ;:*J V-": "Date T)f Order IMH/0D/T7)j`7'T i-" : * : X* , '' -:7' ,i>ato Ordered to^Begin ."(KX/DDVYY) ; : n.'V XV. TOR EMERGENCY RENOVATIONS vj; - _Date 'and *Kour/of Emergency' JKX/DD/YY) t vi r J. y. .. . 'iJeecriptlon of the Sudden, `Unexpected Event* -4 -'' l-\ '.'J" J Explanation cf bov the event caused unsafe conditions or would cause eguipnent daaage or *n enreasonable financial hardeni `0.V .... : . - XVI ." DESCRIPTION DP PROCEDURES TO BE FOLLOWED IN-THE'EVENT TEAT UNEXPECTED ASBESTOS IS . I "'., FOUND OR PREVIOUSLY -NOMFRIABLE ASBESTOS .MATERIAL BECOMES CRUMBLED, PULVERIZED, r -.; OR REDUCED SO POWDER. :J :\ \ XVI. : I CERTIFY THAT. AN INDIVIDUAL TRAINED IN THE PROVISIONS OF THIS REGULATION { 40 CFR ' PART 41, SUBPART M) 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. {Reguired 1 year after promulgation) : ^Signature of Owner/Operator) . XVII. I CERTIFY THAT THE ABOVE INFORMATION IS CORRECT. {Date) . {Signature of Ovner/Operator) (Dae) -Figure 3. Notification of Oemolition and Renovation iilLING CODE 6S60-50-C LAM 017358 DPMC-11087 ; \ 48-424 - Federal Register /-Vol: 55,- No. 224 /. Tuesday,' November 20,' 1990;/ Rules and Regulations 9. Section 61.148 is redesignated as" tr-::'- "observation of atjeast IS. seconds); .'; adding new paragraphs (d) through (f) to - 61.146 and is'amended by revising duratioh'per'squrce of emissions. " read as follows: ;: . . : paragraphs (aj, the introductory text of . (4) Inspect each air cleaning device at 61.149; Standard for waste disposal for (b), paragraph (b)(2), and paragraph (d) ; least onde each week for proper ';' . asbestos, mills. to read as follows: .. operation and for changes that signal 61.146 Standard for spraying. the potential for malfunctions, including; (a) Deposit all asbestos-containing ' to the maximum extent possible without waste material at a waste disposal site (a) For spray-on application on dismantling other than opening the operated in accordance with the device, the presence of tears, holes, and . provisions of 61.154: and . 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 CFRpa'rt--, 763, section 1, Polarized Light;-....:...-. -.j Microscopy, except'as provided paragraph (c) of this section..;^.;, Iri/ririi abrasions in filter bags and for dust (b) Discharge no visible emissions to deposits on the clean side of bags. For ~ . the outside air from the transfer of air cleaning devices that cannot be.; 1 _. _. control device asbestos waste to the. : inspected on a weekly basis according tailing's conveyor, or use the methods - to this paragraph, submit to the''s- ;--- -~ specified by 61.152 to clean emissions; Administrator, and'reyise as jiecessary/ . cdntairiing particulate'asbestqs material a writtenlhaintenahce plan to include, -,. before they escape to, or are .vented to, at a minimum, the following:^-/- -------- the outside air. Dispose of the asbestos- 1 (b) For spray-on application of .... J . _ . (i) Maintenance schedule. y__- - . waste from control devices in - - materials that'contain more than i '"/-/" -. (ii) Recordkeeping"plan. ; ' accordance with' 61.150(a) or.. -." ." ' percent asbestos.as'determined using --L(o) Maintain records of the results'of paragraph (c) of this section; and the method specified in'appendix A, - visible' emission monitoring and air. V ' . (c) Discharge no visible emissions to - Subpart F,'40 CFR part 763, section-1;~ cleaning deirice inspections using a* '.'. ' the outside air dining the collection, '"' Polarized Light Microscopy, on format similar to that shown in Figures 1 . processing, packaging, or on-site equipment and machinery, except as ;.. and 2 and include the following:; transporting of any asbestos-containing provided in paragraph (c) of this section:- : (i) Date'and time ofeach in'spectio'nT.I'F-. waste material, or use. one. of the.. iC (ii) Presence oE^sencefofvyisible^t^G;. disposal metKodsWgcified'Jnz-viilS^lriy. .-h (2) Discliaige rib yisibleernissibris tbi'ri emissions/-- : :' paragraph? (c) (1) br (2) of this section,1-'.. ,'tHe outside air from.spray^d^^^fi^f'r^Pli) Cb'nditiqfrpf fabrib fllterS/Ti^'' r as followrirv^i-iv---*'-.'4- 'i' - application of the asbestos-containing >"/-- i--'-- - ' L'f1! * ;r Fqiajerial; oivuse themethi^.^eci&edbj^ // (ii) Discharge rio visible.emissions to/-;; 7:.S'.61>i.%.tp.l.ean)eih.issjoi^cbnta!ning'^^zSf (iy) Presence'of dusfdepdsitsfbri'clbarin rth'e butsi.de^air.from the'wettirig^f--i?-- particulateVsbestos"material before "side of fabric filters. "" ` operation or use the methods specified . they escape to. or are.vented.to( the-F--VTjl 7j(v)Br:ef descriptfon.'qf cbrrech'ye:v-';.'..Cl -'actions taken) including date arid time7v~T (vi) Daily, hours'of operation for each);.;, ; ; by " 61.152 td cleari emissions j containing particulate asbbstbs material before they escape to, or'are vented to,: '' r _ (d) Owners or operators of sources air cleaning .device:.-. y'-j-'..! subject to this paragraph are exemptj-'-----~ (6) Furnish upon request; and; make \.c~ theoutside air/-;--Vi .;/ V'7 "/ (iii) Wetting may be suspended, when V*' .; -frorri the re'quirerrierits'of ei.OSCaJT^S?*-available at tHe affected facility^duririg; ;/ -the ambient temperature at the waste T . 61.07 and'v-5:? normal business hours for inspection by-"-;1 disposal-site is less than --9.5 `C (15 "F)/ ... -10. Section 61.149 is redesignated as.' "" the Administrator, all records required - -: as.determined by an appropriate./ "' 61.147, paragraphs (b) (1) and (2) are_-. under.this section. , : " ' '/ `" .:. - .measureirient method with.an accuracy . revised, and paragraphs (b)(3) through . ~V: (7) Retain'a 'copy^of all"mbhitbring an! of .1*C ( 2 *F). During periods when (b)(8) are added to read as follows: inspection records for at least 2 yea;fs. wetting operations are suspended, the : 61.147 Standard for fabricating.. (8) Submit quarterly a copy of the: " temperature must be recorded at least at visible'emission monitbririg records" to '; " .hourly intervals)'and.records niust.be - the Administrator if visible emissions ..- retained for at least 2 years in a form - - / (b)' * occurred during the report period., " suitable for inspection. - ... .- (1).Discharge no.visible emissipns,to;~TI; Quarterly.reports.shall be pqstinarked ;..y /i (2) Use an'alternitive'eiriisilori. - the outsidetoir from any of the`-'lL.; "J"v by the 30th .day fqilowirig the end of the!.. - .control arid w'aste treatment method operations or from any building`or'b'T'.'tr'Tj.-. caleridaTquaftef.''F"."^;..-/'--..'/:3-\v;.^ that.has'received prior'writteriapproval. structure in which they are conducted'or-' - - 11. Sectio'ri 61.150 is redesignated as from any other fugitive sources: or . 61.148 and revised to read as follows.- by the Administrator. To obtain approval for an alternative method, a / (2).Use the methods specified by- r. 61.152 to clean emissions containing-A r:-; .7 % 61.148 Standard for Insulating materials. written application must be submitted to. the Administrator demonstrating that. . .particulatehsbestos material befbr L-Nq'bwrier of operatbr'o.f a facility'may.? ..the.following criteria aremetC,/..-./ /- ,i..` ^ they, escape to,' pr 'are-yenfed td,.'the:ir^s^f'iiiris fall 'of'reiristall on a' faci1ity'Tj/f: &y>^ra; (i).Th'e'alterriativerihethod will control; outside air.1!- ; ccbinp'qnent any.insulating materials' that. !: asbestos emissions equivalent to - - (3) Monitor each potential source of-q^i? cqntain commercial asbestos if the.y . currently required methods: - - --- ')- asbestos emissions from any part'of th'e~T' materials are either molded and.friable-/.", (ii) The suitability of the alternative fabricating facility, including air.r.-.>l.b.;';-.:.v- or webapplied arid friable, after drying.'; ./- method for the intended application.- ... cleaning devices, process equipment.Ir'^/i. The provisions of this section.do not - ' : (iii) The alternative method will not . and buildings that house equipment for apply to spray-applied insulating . violate other regulations.- material processing and handlingi'at materials regulated under 61.146. - (iv) 'The alternative me_thod will not least once each day, during daylight-. . 12. Section 01.151 is redesignated as result in increased water pollution. land hours, for visible emissions to the. -. . 61.149 and is amended by revising f : ' pollution, or occupational hazards. outside air during periods of operation.-' paragraphs (a); (b), introductory text of (d) When waste is transported by The monitoring shall be by visual . . - (c), (c)(1) (ii) and (hi), and (c)(2), and vehicle to a disposal site: ' LAM 017359 DPMC-11088 Federal "Register./ VoL 55, IsTo.224 ij Tuesday,`November 20,' 1990 j Rules and Regulations. .'48425 (1) Mark vehicles-used to transport .asbestos-containing waste material is - waste generator within 35 days of fhe asbestos-containing waste.material - - delivered to the disposal site. date the waste was accepted by the during the loading and unloading of the (e) For all asbestos-containing waste initial transporter, contact the . .waste so that the signs are visible. The . material transported off the facility site: transporter arid/or the owner or . markings must: ; - " " (1) Maintain asbestos"waste shipment .operator bT the-designated disposal site (i) Be displayed in such-a manner and records, using a form similar to that / . to determine the status of the waste location that a person can easily read _ shown in Figure 4, and include the" V- ; shipment. 77; .- ' . . - 7 .- ' ' 7. the legend. -r -VTollowinig information: .v7 7..V;_7:7.7.-._:. -, Report in writing to the local,.'. . (ii) Conform to the"requirements for 51 (i) The name, address, and telephone . -.4 V-State.br EPA Regional-office r ;7 cm X 36 cm (20in'X 44 in) upright . /number of the wastejgenerator. ; ..) '.responsible for administering the" format signs specified in 29 CFR '' : "-.'.(it) The name and address of the local, ; asbestos NESHAP,program for the 1910.145(d)(4) and this paragraph; and (iii) Display theTollownglegend In" the lower panel with letter.sizes and styles of a visibility at least equal to those specified in this paragraph. .' r~ /-State,hr EPA Regional agency .-.-r. --responsible forhdministering the asbestos NESHAP program. (iii) The quantity of the asbestos- containing waste material in cubic meters (cubic.yards). y. '/.vv- . Z 'waste)gerierator if a copy of the waste 7 ""bhipTnent Tecord, signed by the owner or. ' operator of the designated waste " - disposal site, Is not received by the 7 waste generator within 45 days of the ' date the waste was accepted.by the ; '- :- ILegend 7-v. . . "''--/DANGER 7 y. ' ' ASBESTOS DUST HAZARD ':" ' CANCER AND UiNG DISEASE-HAZARD . Authorized Personnel Only - ' . Notation 2.5 cm fl Inch] 'Sans 'Serif, Colhic or Slock 2.5 cm (1 Inch) Sans Serif. Gothic or Block 1.9 cm {% inch) Sags Serif, Gothic or.Block . 14 Point Gothic .- ; . : -_-:.-.{iv) The name and-telephone-number ..- -of the disposal site operator. V " ; - :;(v) The name, and physical site .". : ... location of the disposal site. .- /. "'(vi) Thedale transported.~~ - (vii) Tire Tiarne. 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, - Initial ^transporter. Include in the report "-.the following Information; -. ."j -(i) A copy of the waste shipment / 7record for which .a confirmation of ./' delivery was not received, and ; (ii) A cover letter signed by the waste - generator explaining the efforts taken to locale the asbestos waste shipment and -the results of those efforts. (4) Retain a copy of all waste . " marked, and labeled, and are in all /j (A "' -shipment records, including a copy of . Spacing between any two lines must " v TeVpects In proper condition'fo'r /.".y - ' ' ' the waste shipment record signed by the be a least equal to the" heiglit-olthe ' ' 7: transport by highway accbrding'to): -owner ot operator of the-designated upper "of the two lines. ... I.-)', .7 .:7 V ;* applicable International arid government : waste-disposal site, focat least 2 years, (2) For off-site disposal, provide a regulations. .. . (f) Furnish upon request, and make copy of the waste shipment record, . " - (2) For .wa'ste shipments where a copy " ` available for inspection by the-. described in paragraph (e)(1) of this .'-' : - of fhe"waste shipment record, signed by" - -Administrator, all records required .. section, to the disposal site owner or the-owmer-er-operatorof the designated ...under this section. _ operator at the same time as the. 7 Zyiisposalsite, is-not received by the ;. ;-BIU.IHG CODE 65S0-5O-M LAM 017360 DPMC-11089 48426 . -- Federal Register /. Vol. 55, No. 224 /.Tuesday, November 20,1990 / Rules and Regulations . l. ..,Work site name, ana-mai ling address Owner's name Owner's telephone no., 2. . Operator's name and address .. .Operator's telephone, no.' 3.. Waste disposal site (WDS) name, mailing address, and physical site .-4; . : location -. ;; y ` L.:.... WDS phone no.. 4.; . Name,-' and. address',.of responsible;agency.^-.-. '7 . 5. ' Descripti0n 0f, materia 1 s7.. ....;., 7_; .' 6., Containers 7. Total qdanti.ty No'.-r-.;' Type m^ (yd3) -.- - - 8/.-.-Special- handling ' iinstr.uct.ipns;and;..addi tionaJ-i.i'n format ion - ^ r: 9;.,,;.0PERAT0R 'S.CERTIFICATIONI:: he re by;'de c lare th a t the contents, of this , yy'Vv"consignment`areV.ful 1 y'-and^accurately^'d.escrtb%di'above by proper shippi ng .- vhyi-i name;ya'nd:areylcl as.si f Led;^ packedjTlniar.ked/T'^ respects? in proper condition.: forf transfiort by"'highway accordi ng to 7 ' applicable;'international and government regulations. . Printed/typed name &- ti tie frv . Signature .Month.. Day Year 10; Transporter-:!-...(Acknowledgment; of;. receipt of- material s) -...'.4... Printed/typed name & title . .. Signature Month Day Year. Address and- telephone no,; ' 11. Transporter 2 (Acknowledgment of receipt of. materials). Printed/typed name & title' Signature ; Month-. Day Year. Address and telephone no." '.W 12: Discrepancy indication space 13. .Waste disposal site .. ... owner .op operator: Certification, of., receipt of asbestos, materi al s ;.- .... "-I-..-r-V.Lyycovered- by-thisvmani fest.except as. 'noted .i n i temr 12 - Printed/typed name & title Signature ' - - Month', - Day . Year (Continued' Figure 4. ' Waste Shipment Record LAM 017361 DPMC-11090 Tuesday, November 20.1990./ Rules and Regulations . .. 48427 // '/ - - ' INSTRUCTIONS- ` .-- / - /. Waste Generator Section (Items 1-9) .. . /.'/:/" - " ' //- -/. ; 1.//- Entb'r-t'he - name':of :.the"^faci 11 ty ;at ;whic'h'asbestos waste;'i s generated and / .// ' the/address' where'the faci 1 i ty. is/located.' .In the appropriate-spaces, ' /. / also/enter the/name of the-owner of: the'facil i ty and'the/ownerl.s phone l , ;'\nurnber.iy/r:;: - i " -./ ..://-/ : 2. -;.If a'-demoTi tion or 'renovation/">rit er ;th eThame/arid. address/of/.the' .company / and author!zed agent responsible for'performing the asbestos/removal./ ''"/' In 'the appropriate bpaces/also enter-the phone number.;o.f-the operator. "on-site" if the -waste will be disposed of on" the/generator'property 4. :Provide the name.and addressof the local. State, or ERA Regional office .responsible/f.or admini stering the asbestos NESHAP program'.; 5.- Indicate the types of. asbestos'waste materials generated. /' If "from-a demol i tion or /renovation,-i ndicate/the amount of asbestos that ;i s V . ,'/-.' . "Friable asbestbs h^tepidl.-/ /-.. . Nonfriable asbestos material ' /'////^. 6 Enter'the number of-containers/used-to-transport the/asbestos materials : listed in item 5.r Also" enter one of the following-container/codes' used /-in transporting ;"each/type/of-.asbestbs inateria],i.fspecj fy any .other type /of container "used 'if/riot 1 i sted/below) -DM - Metal .drums,' barrel s .-:-/'/->-:-/.-.-w.'-.,--y - -./'/ /.'\ / - : ' DP--/Plastic.drums/, - barrels :/ 'v-//f;/."//' f/:/ /->:-.- ://;/" / / ;v_ //.// '/ /BA - -.6 mi 1 plasticbags or-wrapping" - : / //.////v"-"'-;/ 7. Enter the quantities of each type of asbestos material removed in units of cubic meters-(cubic yards). -. /. . . . 18. Use this space :to indicate special transportation, /treatment,' .storage ' . or disposal or Bil l /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. .Thedate is'the date of receipt by"' '-/ transporter. - . ------ ;- NOTE: The waste generator must retain a copy of this form/ Figure.4. Waste Shipment'Record (continued) LAM 017362 DPMC-11091 43428 ' Federal Register / VoL 55,- No. 224 / Tuesday, November 20,1990 / Rules and Regulations : Transporter. Section (Items 10 & 11) .. . ' ' "! ' ' ' ' 10. & 11..- Enter'name, address, and .telephone, number of each; transporter used, :i f applicable; Print 'or type the- full- name and title of _.' person, accepting resp..^ibi 1 ity and acknowledging receipt of . .. - . materials as listed on this waste shipment record for transport. .. Enter, date of. receipt and signature. ., ; : NOTE: -. The transporter:roust- retain a copy of. this' form. - . .. Disposal' Site' Sectfon:.(Items; 12, & . 13):/; ' ';;: . ^///;/ ... ,'J-.: / / \; ; f, ;S- 12.' .. The'' authorized.''representative of- the V/DS' must note in this space any . ;;" discrepancy - between: waste- described on'this - manifest .and waste" actual ly , received as well, as any improperly;; enclosed oricontafned waster Any- ''.1:'-.:;.:'rejec'ted:-ma'tefials'.'should,^ listed;.and;'destihationof/thojse materials ' ' provided ..'-A site that converts 'asbestos-containing Waste material to -.. -nonasbestos material- is. considered, a WQS; -.jv -13 Ai;rThe/:'sfghatureC(by^al^),-bfAthe;^a.ut}vdrize(l;,Vips,/agent indicates-'///y; -. /: V. '5 rA^.acceptanc^ahd.'agr^emeht;With;"statemen't's;;'6n:;thisV;mani,festi;except::'asVr.;;'; * ;*"4; !_! ft f \ *. 1 O- *; tl; TK a A t I a ^ ` r i n n ^ f 11 -I nri ' v*Aro(nf 'a^ NOTEfA-Th'e/WDS- must-Tretain/a-compl eted'copy; ofi this /form.:' ' -The WDS. must :- also- send:-a; completed:copy; to- the:operator,T.isted ;i n item 2/- -. ..- - 81LLIKG CODE S550-SJ-C .- Figure 4; ' Waste" Shipment Record LAW1 017363 DPMC-1109 - '.'Federal Register./ .Vol. 55.'No:'224':/--.Tuesday,'-Novembef'20,'1990 ./-Rules.and Regulations .-i.48429 ----------rrm---TlMTrrnTTrT--ri--rr~~~r' 1 --i-- =i? :* V;' ~tr j> 13. Section 61.152 is redesignated as . before they escape to, or are vented to, -.' 'r(vii) The name, address, and 61.150 and is revised to read as ! . - the outside air. v= telephone number of the transporter(s). follows: ;V- (3) For facilities demolished where the '; (viii) A certification that the contents ' . ,RACM is not removed prior to '- 61.150 Standard for waste disposal for manufacturing, fabricating, demolition, renovaliori, and spraying operations. /. demolition acco. ding to 61.145(c)(1) '' (i). (>i), (iii), and (iv) or for facilities -.demolished according to 61.145(c)(9), of this consignment are fully and : accurately described by proper shipping (name and are classified, packed,' './ . hiarked, and labeled, and are in all V Each owner'or operatoVof any source .adequately wet asbestos:containing -1': (respects improper condition for' v ': - covered under the provisions of : waste material at all times' after ,; c ' ' ; -'trarisport by highway'according to'(; </.'h f - 61.144,"61.145, 61.146,' and 61.147 shall ' demolition and keep wet "during ' r applicable international and government .. comply with the following provisions: r:' handling and loading for transport to a) .-(regulations. > ' r(a) Discharge lio'visible emissions' to .' disposal siteV'Asbe's'tos^cbntaining ivaste" . (2) Provide Ycbpyof the waste s -(the outside air during the collection,'':, 'materials'covered by'this pafagraph do ("shipmenf record, tlescribed in'paragfaph' .- : processing (including incineration), . . -' not have to be sealed in leak-tight 1 V- : (d)(1) of this section, to the'disposal site .^packaging, or transporting of ariy ; containers or wrapping but may be " . J owners or operators at the same lime as asbestos-containing waste material : transported arid disposed of in bulk. - .the asbestos-cOntairdng waste material generated by the source, or use one of . .:."i'7V'-(4) Use^ari "alternative emission : ; is delivered to the disposal site,1;/1;1 e..:- ? ;the emission control and waste ''=:?coriirol'fiid waste treatment method :. treatment methods specified in. ;;;,., d.;.-/ . .` that has received prior approval,by the" / ;'ri:(3) For waste ship'merifs(wherea copy '"of tlie w-aste shipment record, signed by. . paragraphs (a) (1) through (4) of this d ' 'Administrator according to the the owner or operator of tlie'designated .'section.' - -.'v' r.' ' ' procedure described in 61.149(c)(2). .disposal site, is not received by the . .(1) Adequately wet asbestos- '. " (5) As~applied to demolition and': . waste generator within 35 days of the . containing waste material as follows: - "renovation; the requirements of date the waste was accepted by the (1) Mix control device asbestos waste paragraph (a) Of this section do not initial transporter, contact the V to form a slurry; adequately wet other ; apply to Category I nonfriable ACM . ' transporter and/or the owner or ' asbestos-containing waste material; and '". waste arid Category ll nonfriable ACM . (operator of the designated disposal site . (ii) Discharge no visible emissions to waste that did not become Crumbled, " to determine the status' of the waste '.. ; the outside air from collection, mixing, - pulverized, or reduced to powder. -"A shipment, / :'v V: wetting, and handling operations.'.or.use . (b) All asbestos-containing waste . ;/(4) Report in writing to the local,-- ; the methods specified by 61.152 to 1 material shall be desposited as soon as ~ ' State, or EPA Regional office'1 ;-;i " 5 clean emissions containing particulate' - is practical by the waste generator atf; "responsible for administering the '' " i" asbestos material before they escape to, (1) A waste disposal site operated in'; . asbestos NESHAP program' for the ';1 '. ' oi-'are vented to, the outside air; and accordance with the provisions of ;.7:M ' wastc'gendrator if a copy of tlie waste ;..;,:(iii) After.vvettingc.seal all asbestos1 :v:- 6L154.'pr shipment record,-signed by the'qwne'r'or .containing waste material in leak-tight: "b-f (2)'Ari EPA-a'ppr'ov'e'd site that operator of the designated, waste '. . containers vvhile_wet; or, for,materials J -. iic'onverts RACM and asbestos-. ... -.-disposal site.'is not received by the i-: that will not fit inh) containers'wuthout..-;-'^containing waste material into ri*:fl- :.;..waste 'generator jvithinji'5 days Of thebb/.ii (additionalbreakinghput materials.into T-'rioriasbestos (asbestos-free) material >'; /.'date the waste was" acc'epted'b'yrthe'X:-7.''/. leak-tight wrapping; and - i - >>'. : - according to the provisions.of 61.155. - .. initial transporter. Include'in the report 1 ;' (iv) Label the containers or wrapped -' -; (3) The'requireih'erits of paragraph (b) ' the' 'foilowing' infonhatiori:.s;.?' !.0/. .t : ...materials specified in paragraph >,: . . of this section do riot apply,to Category I /.; :(i) A copy of the waste shipment ' ;;. (a)(l)(iii) of this section using warning .' / nonfriable ACM that .is not RACM. V-oy '.'record for which'a confirmation of r- labels specified by Occupational Safety (c) Mark vehicles used to transport - delivery was not received, and " ''' and Health Standards of the Department asbestos-containing waste material (ii) A cover letterjigned by the waste_ of Labor, Occupational Safety and during the loading and unloading of generator explaining the efforts taken to Health Administration (OSHA) under 29 waste so that the signs are visible. The locate the asbestos waste shipment and ` CFR 1910.1001(j)(2) or 1926.58(k](2)(iii). ' markings must conform to the . the results of those efforts. The labels, shall be printed in letters of " requirements of 5 61.149(d)(1) (i), (ii), ; 1 - (5) Retain a copy of all waste -_' ' sufficient size and contrast so as to be :. and (iii). ' .' '...... .-'; . shipment records, including a copy of readily visible and legible. _ . /.' (d) For all asbestos-containing waste the.waste shipment record signed by the . (v) For asbestos-containingwaste " material transported off the facility site: owner or operator of the designated - - . material to be transported off the facility /-..(i) Maintain waste shipment records,-. waste disposal site, for at least 2 years. site, label containers or wrapped .- r-;.. ' i using a form similar to that shown in (e) Furnish upon request, and make ( . materials with the name of the waste Figure 4, and include the following -"; ' available for inspection by the' ' - generator and the location at which the.. .information: ; /:' - 'Administrator, al! records required waste was generated. . r : ... (i) The name, address, and telephone under this section. ' ' (2) Process asbestos-containing waste number of the waste generator. 14. Section 61.153 is redesignated as material into nonfriable forms as . . (ii) The name and address of the local,- . 61.151 and is amended by revising the follows: State, or EPA Regional office - introductory text, paragraphs (a)(2), (i) Form all asbestos-containing waste responsible for administering the (a)(4), and (b)(3), and adding paragraphs material into nonfriable pellets or other asbestos NESHAP program. (d) and (e) to read as follows: shapes; (iii) The approximate quantity in cubic (ii) Discharge no visible emissions to meters (cubic yards). 61.151 Standard for inactive waste the outside air from collection and processing operations, including . (iv) The name and telephone number of the disposal site operator. disposal sites for asbestos mill3 and manufacturing and fabricating operations. incineration, or use the method specified (v) The name and physical site Each owner or operator of any by 64.152 to clean emissions location of the disposal site. inactive waste disposal site that was containing particulate asbestos material (vi) The date transported. operated by sources covered under LAM 017364 DPMC-11093 ;48430'.'..'Federal Register / Vol. 55, No.' 224 /..Tuesday/November 20, 1990 / Rules and Regulations'-. 61.142,61.144, or 61.147 and received. '. storage, transport,arid,ultimate disposal ,. Administrator's satisfaction that it is deposits o asbesto s-contabling waste - . of the excavated asbes.tos;containing equivalent to the described equipment in material generated by the sources, shall:. waste material. If deemed necessary, the filtering particulate asbestos material. . (a) ....v : Administrator may require changes in'. 16. Section 61.155 is redesignated as 2) Cover the asbestos-containing ... the enussion control procedures to be v - 61.153 and amended by redesignating waste material with at least 15 - used.- paragraphs (a)(3) and (a)(4) as centimeters [6 inches) of compacted ; ./ . nonasbestos-containing material, end grow and maintain a cover of vegetation . [4] Location of any temporary storage - paragraphs (a)(4) and (a)(5), ; ' site and the final disposal site.- .: ..-- respectively, revising the introductory (e) Within 60 days of a.site becoming text of paragraphs (a), (a)(4). and (a)(5) on the area adequate Ip prevent . exposure of the asbestos-containing waste material. In desert areas where. vegetation would be difficult to; ;-v - ' = maintain, at least 8 additional'; :./ inactive and after the effective date of. . ' and revising paragraphs (a)(2), (a)(4)(ii) ; this subpart, record, hi accordance with".. ' and (rii), and (b), aiid adding paragraph State law.,a notation on the. deed to.the (a)(3) to read a's follows: ;' - ; - facility property and on any.`other /-,- -, instrument that would 'normally be; / 61.153 , Reporting. - , :. ; / : / : - . centimeters (3 inches) of well-graded, '.' - examined during a title search; this-;-. l;; .- (a) Any nevv source to which this - nonasbestbs crushed rock may bei-.i; nctation'will in perpetuity notify anyr--' / subpart applies (with the exception of placed on fop of the final cover instead ' .:; potential purchaser of the property that: ': sources subject td'f 61.143, 61,i46j and of vegetation and maintaiiied to prevent, . - (1) The land has been used, for the: , / -; ; ; 61.148), which has an initial startup date - emissions; or.'v' -//>/..:';'I'/_ disposal of asbestos-containing Waste preceding the effective date- of this K - .* * s- * *' -i' " ' malerjarf'/'bJ/V/.'/^;.1/-./.;'//'.// ' revision, shall provide the following - (4) For inactive waste disposal sites ' for asbestos tailings, a resinous or ' pe troleum-based dust suppression agent' that effectively binds dust to control.?//;."', surface airemissions inay.be'S^ instead of th"e methods iii paragraphs (a) '/ - (2) The survey plot and record of the.- location/and quantity of asbestos- . ' . containing waste disposed of within the. ' . dispbsalbife.required.in.f 61.1.54(0 have/-;:' been filedyviththe Adinjn^trat'b'rfand .?/':;V(3) Tne site-,issubject(ct40 CFR'pMtl'/// information to the Administrator postmarked or delivered within 90 days of the effective date, hi the case of a . . new soufce.tbatdoes not have an initial-.-; sfhfbip.'date precedirfg'lhe'effective '/S'-' date, die information shall be provided, / ' (i), f2),'and (3)'of this section: Use the-.''.;:; ? -., agent in the mahn'er^arid_frequeri<^H;i-^ 15. Section 61.15-5 is redesignated 0*f 1C7 Vti>mbnnA/T rvf nAm/ttriAA* as.;'; ? ".' ! postmarked or deKyered; Within 90 days-. . of tl;e initial startup date. Any owner or' ;iecoiinaeod$i^ fpr.tfie P^ticWar^yH^^!. /Operafm^ of an existing.'soured sbairivW,,'/. ' asbesto's'ladings by themanufacturer'of *;r; the dustsuppression.agentto achieve//:'.. and maintain dust, control Obtain prior// written approval of the Administrator to -' use other equally effective dust-/ . -v't v:. suppression agents. For purpose's .cf this-':/ paragraph; any used, spent, or btherjtv.-';:/ waste oil is not considered a dust,.vi-/I- ' paragraphs (a)(l)(ii)-(fvj''as paragraph s; : provide thefallcvvlnginforinatibh.to the *' ' Administrator within 90 days of the - : pp(i(nbaaat))rrraao((ggd2l]rru)a(acaippHtshohsprsiiyaj((,lrab.tae))rg((ex3lr)dt)a.oeaapsnfnhipddg(abn((r)bbaa())t3g((in)23r,ag))t;p'tpeaahya"nrirfsdeaaiang)adgrada,ndatphidsnh;eg//'--././-,-/-''./,: /,'iohnetoawfffostenhrcpemet.rrieAvaoevtdriiomodonuapinslepelfyrrsaootptrfvoaritodrhtcveoisridfd.stAebhudyneb'ytpaehanxcisriyhstaiteuninnnxfgoglieesrsssmtsioni,anutghtric'toehe,na' , follows:;-.ir'g.-~ .'IT-:: `source shall be provided to the . : - suppression agent./; 6t.t32. Aircieantns;'.;v- . .. . ,7 / Administrator, postmarked or delivered, ,-.(b) '. (a) The bwiier or operator who'uses/ . within 30 days after the'change." ' - [3J When requesting a.determination - air cleaning; as specified in i 61.142(a), on whether a natural barrier adequately '. 61.144(b)(2), 61.145(c)(3}(i)(B)(J), . - (2) If a fabric filter device is used to deters public access, supply information' -. 61.145(c)(4}(ii), 61.145(c)(ll)(i), " " "' control emissions, " ;1 enabling the Administrator to determine ' 61j-56(b)(2), 61.147(b)(2), 61.149(b), ! ." . (i) The airflow pemieabifity.in m3/ whether a fence or a natural barrier '; -~ 61.149fc)(l}(ii), 6I.15C{a](l)(>>7, - ' /-' " v-; min/m* (ft3/min/ft3) ifithe fabric filter ` adequately deters access by the general'' 61.150(a)(2)(ii), and 61.155(e) shall- '/ -'... device uses a woven fabric,' and, if the . public.; . ' : * **** * " - T ;.*f .* ../V. *.. jvV0*. * ?- fabric is synthetic, whether the fill yarn. (3) For fabric filter collection devices ' - is spun or not spun; and;.' / (d) Notify the Administrator in writing .. installed after fanuary 10,1939, provide'- / , (ii) If the fabric filter device uses a. at least 45 days prior to excavating or-;;/;"- for easy inspection for faulty bags. - felted fabric, the density irig/m3 (oz[ qtherwisa disturbing any asbestos-. )'' - " (b) : -'. yd2), the minimum' thickness in .containing waste.material that has.been : (1) Afterfanuary.10,1939, If the.use of.: millimeters (inches), and the airflow - deposited at a waste disposal she under . fabric creates a fire or explosion hazard,., permeability m m3/min/m2 (ft3/min/ . thi3 section, and follow the procedures. or the Administrator determines that a / ft*]... / . - , .... ... ;. - specified in the notification. If the i_V 'S ' fabric filter is not feasible,'ifie:- , / (3) If a HKI'A filter fs used to; control".' excavation will begin on a date other;/ Administrator may'autbqrize"a3 a* " '.emissions; the certified efficiency.' ; "'/' than the cine contained in the original/ : / substitute the use of wet collectors . - . (4) For sources subject to 53 61.143 notice, notice of the new start date.must . designed to operate with a unit-/ /' and 61.150: . . .. . . be prbvided'to the Administrator at; ~' ; coniacting energy of at least 9.95 * `*; * least 10 working .days before excavation' / kilopascals (40 inches/.vater gage , -r:: begins and in no event shallexcavation pressure^/ ' begin earlier than the date specified in (2) Use a HEPA filter tnai is certified the original notification. Include the - to be at least S3.97 percent efficient for:. following information in the notice: " 0.3 micron particles. ' : (1) Scheduled starting and completion : (3) The Administrator may-authorize : dates. ' : the use of filtering equipment other than "/. (ii) The average volume of asbestoscantainir.g waste material disposed of, . measured in m^/day (yd3/day); and (iii) The emission control methods used in all stages of waste disposal; and * *-- *- * (2) Reason for disturbing the waste. described in paragraphs (a)(1) ana (b)(1); (5) For sources subject to 5 61.151 (3) Procedures to be used to control arid (2) of this section if the owner or and 61.154: emissions during the excavation. operator demonstra'.es to the LAM 017365 DPMC-11094 :--Federal-:Register' 1-SV.oL 55,'No,;224:/.;:TuesdayXNovember.20.1990,y .RuTes ;and Regulations".- .. (b) The information required by;; - -. (iij The name, address, and telephone . (;}: Notify the Administrator in writing - paragraph (a) ot this section must - b -.number of thetrahspbrterfsR.is ;-at least 45 days prior to excavating er,"- .accompany the; information.reqitired by-; ,: (iii) The quantity of the asbestos- i ,. /"otherwise disturbingfony asbestos- ". A " 01.10. Active Waste disposal sites s containing waste'material in cubic- .-containing waste material that has been subject to 6L154 shall also comply meters-.(cubic yards).:*/*1;- d ' " deposited at a waste disposal site, and fs with this provision. Roadways,. : t-X, (iv) Thepresence of improperly covered: If the. excavation will begin on . -demolition 'and renovation, spraying,, $ enclosed'oriinrovered w_asfe-,1br a'ny:'u;b 'i a date other than the-one contained'in- -: and insulating materials"are exempted > asbestdsHrontairiirig'waste material not-C the original notice,'/notice-.of the neW'/pdr- . from the requirements of 61,10(a]. TheJ. . . " - -.'start date inust be provided to the/hl/-*-.; information described in this section :/Administrator at least lOv/orldngdays / onal office- responsible for /before excavation begins and in no . " /administering thc/asbestdsRESHAP.-cic: '/event shall excavation begirt'earifer than ; - 17. Section'61;156 is redesignated as'.- : program .for the waste generafarfoht/ /'the datespecified fri the original - 61.154 and amended by revising the . ,. - (identified in the was te shipment:- notification. Include the following" introductory text of i 61.154, paragraphs (record}, and, if different,, the local; State,' -information |n the'notice:'='."-'v'.;"F / -/r (c) and (d), and adding paragraphs (e) >, 'or EPA Regional office responsible for : - [1) Scheduled starting and completion . through {j} to read as follows: ' ; , ; administering the asbestoshESHAR.x . Ratesv/X-i-^X-.' ^-' / -./.r., 61.154 IStaritfardTor active waste".-- disposal sites.:;" AA Each owner droperafor'of an active waste disposal site that receives }- -ashes(os-containing waste material from - ,program for the-disposalsite,by the :kr^- / following working da the presence of a" tvsighlucaht amount of improperly Xx/v.aV-'. /enclose,d. or uncovered v.-aste: Submit a-.;. : " copy of the waste shipment recosii alopg ." "(2) Reason fordisturbing the waste/A-v, .. (3) Procedures lobe used to control : emismoris"during thenexcavaU6a,'';-}>.':.V:- /-. sforage.lrarispo'ri. and ultimate disposal qf the exebyated as%;tos*ntainini /// a' source covered under f 61.149.61.150, or 61.155 shallntbetthe requirements of 'this section:' : - -V i. /. A;'.;:.;-';. " * .. .* I ! % -."N (c-} Rather than meet the no visible /emission- requirement ofparagraph, fa} of 7 with (he report. A: a: -f"- w-;.'"4/r , (v) The date of the receipt- ; ; :..... - , {2} As soon as possible, and no longer : -than 39days after receqit of the wasteV v -i ": send- a copy of the signed waste U'A:.; ;r. .shipment record to the waste generator. > . .(3} Upda discqvering a discrepancy2 U.between:_thequariti^'6fwas;e/>:.v':~h'h*':n::. ^designated on the waste shipment C-waste material.If deemed necessary, the Administrator may require changes hi : ' the emission control proceduresldbe;.~. -used." "^'v'vPV'"'---: b"-vs>'" (4} Location of any temporary storage . - : site and.the final disposal siteiAe^S'nystAJ;T3. Section 64.155. is added to subpart -. M to read, as .period while the site is in contlhudus'J,'operation/the'asbehtos-coritaimng-.A: /recordsand thequahtityactually7>--:- :-;1 - received; attempt to reconcile the*fv.-;. ; 81:155 /Standard for operations that i convert asbestd-ebritaining.waste matsriat y waste material that has been deposited discrepancy with, the waste generator..If . Into nbnasbestqs (asbestos-free) materfari , /parte(t1hv)eioBuseist-ec2od.v4ue-rhrienodguwrtphieethrofacpdteslreahataisnltlg:1.,.5-3-a.;"y-.>-oar...:;.----}*':.1itTh5hedrpdaPiysis^cirpaeffpptelavrnrrcpeync'rie-srivtnifnongtWr-ethrsrefomwlvoaestdrtvew",ithVin-:-: -*,* 'centimeters(6 friches}"of.compacted-Stf'.vi; S'.'"-Each qwmer of operator" of an. XX/ ;A.:" . operation.that converts RACM and :. resbestbsredhtaining'waste/matefiat into- nonasbestostopritaimDgntaterioL'oi-v'ri .v-'. (2) Be cov'eradmtha-.resmpus or petroleum-based dust suppression agent /honasbestos fasbestosTree} ma!ern:F;-S'::" responsible for edministeriiigthe/ 'ri '.shall: Ac 7M/'i' asbestos NESHARprogram forthe;h h/;: S-Afa).Obtain the junor vrriiteh approval that effectvelybinds.dust and,controls U. /waste generator (identifiedin" the waste : :of the Administrator to construct the : l /- winderosioniStich,adage'htshall;be ~~P}:.''.shipment recqrd};and;ifdiffei^Cteil--ri ' facility-. Ta obtain approval, tlie owner jC . used in the manner and frequency.--.'' . -: / lo calf State, or EPA Regional-office -'h-.V'- orriperator shall provide the - . '".y--'y' recommended for the particular dustby the dust suppression agent manufacturer responsible for administering the asbestos NESHAPprogram for the . Administrator viith the following ' . information: ' ' ' ". 1- to achieve and maintain dust control. . disposal site. Describe the discrepancy b: .; ..fl}Applfcatfon to construct pursuant Other equally effective dust suppression : and attempts to. reconcile it, and submit v fo 6ll07. '-'- : -. agents may- be used upon, prior approval - by the Administrator.'Forpurposes of -// this paragraph, any used, spent, br other , waste oil is not considered a dust A suppression agent. .i.-l-q.- r-:--` : (d) Rather than meet the no visible ri' ' emission requirement of paragraph fa} of - this section, use c-n alternative ! emissions-control method that has ,a copy ofthe waste shipment record. Ax.; 1 along with the report, a r; . (4}Ratain. a copy of ali records arid : reports required by this paragraph for at least 2years..:; h ;. . (f) Maintain, until closure, records of , the location, depth and area, and ", quantity in cubic meters (cubic yards) of . asbestos-containing waste materia] . -_-(2] In'addition to the information-; -./v'-; requirements of EH.07{b](3}, ,a Xc-; : . (if Description: of waste foed handling :' and temporary "storage. / ' ; /;"/ pi} Descriptfoii of process operating. .. conditions. ... ' ' fiii} Description of the. handling and tempo: ary storage of the end product. received prior written approval by the within the disposal site on a map or (iv) Description of the protocol to be Administrator according to the diagram of the disposal area. followed when analyzing output procedures described in 5 61.149(c](2). (g) Upon closure, comply with all the materials by transmission, electron le}-For all asbestos-containing waste provisions of 61.151- microscopy. material received, the owner or operator (h) Submit to the Administrator, upon (3) Performance test protocol, of the active waste dispc d site shall: closure of the facility, a copy of records including provisions lor obtaining (1) Maintain waste shipment records, of asbestos waste disposal locations information required under p:)ragraph Hsir.g a form similar to that shownrin - and quantities. (b) of this section. Figure 4. and include the following . (i) Furnish upon request, and make (4) The Administrator may require information: . available during normal business'hours that a demonstration of the process be (ij The name, address, and telephone . for inspection.by the Administrator, all performed prior to approval of the number of the waste generator. - records required under this section. application to construct. LAM 017366 DPMC-11095 48432- Federal Register /. Vol. 55, No,: 224 / Tuesday, November .20, 1990 / Rules and Regulations (b) Conduct a start-up performance of as asbestos-containing waste . . name and location of the purchaser or test. Test results shall include::: material according to 61.150. = disposal site to which the output - ' (1) A detailed description of the types " (d) After the initial 90 days of . - materials were sold or deposited, and and quantities of nonasbestos material, operation, .. the date of sale or disposal. RACM, and asbestos-containing waste (1) Continuously monitor and record . (7) Retain records required by material processed, e.g., asbestos the operating parameters identified paragraph (f) of this section for at least 2 cement products, friable asbestos during start-up performance testing and years.' insulation, plaster, wood, plastic, wire, any subsequent performance testing.. (g) Submit the following reports to the ; etc. Test feed is to include the full range Any output produced during a period of Administrator: of materials that will be encountered in deviation from the range of operating (1) A report for each analysis of actual operation of the process. . . conditions established to ensure the -. .' product composite samples performed (2) Results of analyses, using production of nonasbestos (asbestos-' during the initial 90 days of operation.' polarized light microscopy, that : free) output materials shall be: . (2) A quarterly report, including the document the asbestos content of the -- . (i) Disposed of as asbestos-containing - followdng information concerning wastes processed. .. . waste material according to 61.150, or activities during each consecutive 3--.' [3) Results of analyses, using (ii) Recycled as waste feed during ' - month period: : \" ' trarisrhissibnelectroh'microscbpy, that .. . process operation within the established (i) Results of analyses of monthly - document that.the output materials are range of operating conditions, or t. -1-'--; product composite samples./ - ' free.of asbestos. Samples for analysis'"; - ~ ;'*. (iii) Stored temporarily on-site iri'a'-'- (ii) A description of any deviation' . are to be collected as 8-hour'composite - .' leak-tight container until analyzed for 1'' from the operating parameters samples [one 2'00-gram [7-ounce] sample asbestos content. Any product material established during performance testing per hour), beginning with the initial - ' ' that is not asbestos:free shall be either. the duration of the deviation, and steps introduction of RACM or asbestos- disposed of as asbestos-containing - taken to correct the deviation. containing'waste material and ' ' . L ' waste material or recycled as waste: . ` (iii) Disposition of any product continuing until the end of the''"'^0?.ir feed to.lhe`pfocess'.:aHAq->.i5Aui!:pi.'ij.%Jji ' produced during a period of deviation, W(i) Collect and aiialyze molithlyy.^7.'tV'';;. . jncludingwhetber it was recycled,hd/FZ.' ,p, a(r4a)mAetedress',c_sriupctihonasotfe6mppeeraratitnugre.:J.''aVihyd?t.P'*-JjJO.-;1::^' composite samples (one 20CPgram fz-ifc:'7 ounce)* sample collected every 8 hours 'of- ' disposed of as asbestos-containing V/- '' vyaste material, or stored temporarily yv- ; residence time, defining the: full-range.]5'V, r; yoyeriwhjch the process Unexpectedi[ ."operatel^RfpjduceWhas^e8tqs^'bC;T?4i'! Torpaerrisamtioisn's) iobnf theeleoctufptphu'mt micarqtesrcipalpryirlsiXhaf,l:l':T:: on-site until analyzed for asbestos ' conterit.:^V.,v.;;'.yjh;;;,'..- be used to analyze the'output 'material::':-- ~1.'" (iv) The information on waste -, ,, (asbestos-free) materials. Specify the " limits for each bperating'parameter' within which the process will produce "O'* nonasbestos (asbestos-free) materials. ~ (5) The length of the test:'-.`p; -. 0:. (c) During the initial 90 days' of y-:;operation,(1) Continuously monitor and log the - ' operating parameters identified during r start-up performance tests that are intended to ensure the production of ... ... for the presence of asbestos...1 (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: ,; . ' , ' disposal activities as required in' '-' r' 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 ' nonasbestos (asbestos-free) output . (1) Results of start-'up performance . be considered to be asbestos:containing ' material. ' (2) Monitor input materials to ensure - ' testing and all subsequent performance ' waste and shall be handled and " testing, including operating parameters, disposed of according-to 61.150 and that they are consistent with the test, feed characteristic, and analyses of ''- 61.154 or reprocessed while all of the' feed materials described during start-up . output materials. ' established operating parameters are performance tests in paragraph (b)(1) of .> ,. (2) Results of the composite analyses being met. this section. ' ;'. - - ' (3) Collect and analyze samples, taken as 10-day composite samples (one,200-'. ' 1 . required during the initial 90 days of '- operation under 5 61.155(c). . -.- ....(3) Results of the monthly composite :' 19. Section 61.156 is added M to read as follows: ; to' subpart. gram (7-ounce) sample collected every 8 analyses required under 61.155(d).': " . 61.156 Cross-reference to other hours of operation) of all output material (4) Results of continuous monitoring - asbestos regulations. . . for the presence of asbestos. Composite and logs of process operating In addition to this subpart, the samples may be for fewer than 10 days. '. . parameters required under 61.155 (c) regulations referenced in Table 1 also -. Trarijinission electron microscopy: and c;t "fin:.1: p , apply to asbestos and may be applicable (TEM) "shall be'used to'analyze thc '- '-^'>-:,-v (5) Tlie information oh waste '. to those sources specified in 5 61.142 i output material for the prcsence'of.. -y.: shipments received as required in'' "?? through 6l'.15i, 61.154, and 61.155 of this ' - asbestos. During the initial 90-day ' 5 61.154(e)- ' .. . .n.:',. . subpart. These cross-references are period, all output materials'must be - (6) For output materials where no '' presented for the reader's information j stored on-site until analysis shows the!'--; analyses were performed to determine'.-.: and to promote compliance with the . material to be asbestos-free or disposed , the presence of asbestos, record the' - ' . cited regulations.'' - ' lam 017367 DPMC-11096 -Federal Register ./-.Vol.'55, 'No. 224 / -Tuesday''November 20, 1990 / -Rules and Regulations - 48433 .20. Section (31.157 is added to subpart ..-contained in paragraph (b) of this .M to read as-fo'lows: .; . .--.A ../.^section shall be retained by the ' .' 61.157 Delegation of authority. - Administrator and not transferred to a - '.'.State. . ..fa) In delegating implementation and :-'; -.:;(b) Authorities that will not be . enforcement authority to a State irnderV `-'delegated to States:' , section 112(d) of the Act, the authorities Section 61.i49(c)(2) r.? ; i'.iVl a;--'? . (2) Section 01.150(a)(4) . (3) Section 01.151(c) ' '- (4) Section 01.152(b)(3) - . (5) Section 61.154(d) .';; . ;(6) Section 61.155(a). . : ' .... - (FR Doc! 90~2G835 Filed ll-if.'-SO; 8:45 am) ! - :BILUad CODE'656O-`50-U . -'i Asbestos Regulations Agency - CFR citation * ` Comment .- CPA -- 40 CFR 7S3,'Subpart E. F,,.l__ .TMIL:.....................__________ _ Requires schools to.inspect lor asbestos and implement response actions end ... submit astestes management plans to States. Specifies use of accredited ' .'l ...... .- .- inspectors, air sampling methods, and waste disposal procedures. - i - ' - - ` . ^0 CFR 427_____ ............... _____________________ .................. Effluent standards fer asbestos manufacturing source categories. 40 cfr 7S3, Subpart G____ _______ ............................... "...... . Prelects public employees perfonvung asbestos abatement work in States not .**. .-I'-"- . T:'- ... ` ; covered by OSHA esfcestos standard. OSKA. ~ . 29 CFR 1910.1001__ _______............................... ............... Worker protection measures--anoineering controls, worker training, labeling, rc-spi- : . . - /atory protect:on, bagging of waste, 0.21/cc permissible exposure level. - . 29 CFR 1926.58___________..... ___ .......................... ................ Worker protection-measures for alt consUuc'Jon work involving asbestos, including ` ' _ ` : - -demolition and renovation--work practices, worker training, bagging of waste, 0.2 ,/cc permissible exposure leveL MSKA . 30 CFR 6, Subpart D_____ -____ .............._____________i:/..*.... ....... Specifies exposures limits, engineering controls, and respVatory protection moss- . ures for workers in surface mines. .;. 30 CFR 57,.Subpart D_____________ __ ___ "____ ................-____ Specifies exposure limits, engineering controlsAand respiratory protector, measures lor workers in underground mines. - DOT - 49 CFR 171 and 172 ............ ................ r.... .. . ._.G.. Regulates the transportation of asbestos-containing waste material. Requires waste- -r.' ' ' ` . '. --V '' --.containment and shipping papers. - .. LAM 017368 DPMC-11097 pV f. D PM C 11067.1 Ss lr. \0-, v- V\ r ^Aj LAM 017338