Document wqMy39NBqKBDvbyymjMvoJX0J

Thursday June 29, 1995 PLAINTIFF'S EXHIBIT Part III Department of Labor Occupational Safety and Health Administration 29 CFR Part 1910, et al. Occupational Exposure to Asbestos; Corrections; Final Rule k 33974 Federal Register / Vol. 60. No. US / Thursday. June 29. 1995 / Rules and Regulations DEPARTMENT OF LABOR paragraph number alone. As in the system insulation and thermal systeg, Occupational Safety and Health Administration preamble to the revised standards, each of the standards, general industry, construction, and shipyards, contain insulation ACM. Tha added definition, are consistent with those in the Construction and Shipyard Employm^, 29 CFR Parts 1910,1915, and 1928 overlapping, comparable, and in some cases identical provisions covering Standards. Class IV Work: OSHA has made minor- RIN 1218-AB25 various subject headings. However, the clarifications to the definition of Clast genera ^industry standard's paragraph IV as it applies in the construction and Occupational Exposure to Asbestos; Corrections designations differ. In this preamble shipyard employment standards. They OSHA is separately discussing, topic by more fully realize OSHA's intent in AGENCY; Occupational Safety and Health Administration. Department of Labor. ACTON: Corrections to final rule. SUMMARY: The Occupational Safety and Health Administration (OSHA) is correcting and clarifying the preamble to. and correcting certain provisions of the final asbestos standards issued August 10.1994 (59 FR 40964. 29 CFR 1910.1001.1915.1001. and 1926.1101). effective OATE: June 29. 1995. Fon FURTHER INFORMATION CONTACT: Mr. Richard Liblong. Director of Information and Consumer Affairs. Occupational Safety and Health Administration, (J.S. Department of Labor, Room N3647. 200 Constitution Avanua. NW.. Washington. DC 20210. telephone (202) 219-6151. SUPPLEMENTARY INFORMATION: Background On August 10,1994 OSHA revised its final asbestos standards in general Industry and construction and issued a new shipyard employment standard. Subsequently, technical and typographical anon were discovered in both the preamble and regulatory text Additionally, members of the regulated public have asked OSHA to clarify, correct, or reconsider certain regulatory provisions. To address these problems, OSHA has made a number of corrections to both the standard and the preamble. The corrections to the standards include (1) correction of typographical errors; (2) corrections that clarify the agency's intent but do not change the substantive requirements imposed by the standard; and (3) corrections intended to better effectuate the agency's intent when it topic, nil clarifications which are in the nature of preamble changes, as well as corrections and technical amendments concerning that topic. This way. the reader can be apprised of all changes and clarifications on a particular topic at one time. OSHA is not including in these discussions those corrections to the text which are typographical in nature and which are self-explanatory. 1. Definitions Paragraph (b) Construction and Shipyarcs Employment Standards. - OSHA is amending its definition of "disturbance" in order to clarify it to reflect the Agency's original intent OSHA has found its unamended definition confusing to the regulated community. This will eliminate some terminology, such as use of the word "contact" to describe both Class 01 and IV operations. Thus, disturbance, becomes the operational term to distinguish a Class m operation: while "contact" (without "disturbance") distinguishes Class IV. (See also the discussion clarifying Class IV operations in this document) The first sentence of the definition now clearly specifies that a disturbanca entails "activities that-- disrupt the matrix of ACM or PACM._ crumble or pulverize ACM or PACM, or generates visible debris horn AOd.br' PACM." OSHA also clarifies that work involving dust that is accompanied by debris in the presence of asbestos containing material, must be treated as an asbestos job. OSHA does not believe that this clarification substantively alters the requirements or the intended worker protection of its job classification scheme. Thus, mere "contact" with asbestos is clearly not a creating this class of work, distinguish it from housekeeping under the general industry standard, and expressly limit its scope to accepted "construction" activities. The definition now reads: "Class IV asbestos work means 1I maintenance and custodial construction activities during which employees contact but do not disturb ACM or PACM and activities to clean up dust, waste and debris resulting from Class 1, II and HI activities." Because work under the construction standard must be related to and on the worksite of a construction job. the definition now specifies that Class IV work which is "dean-up" must result from Clast 1,11 and fn work. In addition, to distinguish Class IV from Class IB work, the definition now states that maintenance activities are Class IV only ifemployees "contact, but do not disturt)'* ACM or PACM. It should be noted that housekeeping activities in the general industry standard in some cases might indude dean-up of asbestos containing materials, however in the absence of a construction job or site, this clean-up is not a construction activity. OSHA notes however, that use of wet methods, HEPA vacuums and immediate dean-up are required for these activities In all cases. The Agency believes that these changes will allow employers and employees to more easily distinguish Class IV from Class fil activities. The Agency is confident thst these changes will not weaken employee protection. In fact, by clarifying which activities must be treated as Class IV, OSHA believes enforcement will be fadlitated, and the level ofcompliance will rise. 2. Regulated Areas issued the standard. All these Class III activity. The inclusion of the Several questions have arisen among corrections to the standard are deemed phrase "disrupt the matrix" in the participants about the need for regulated to be "minor" amendments within the definition allows inclusion of other, areas whan Class Q or IH work is meaning of 29 CFR 191I.S. Because the undefined operations which might also performed for which a negative corrections are based on the existing result in release of fibers from the exposure ssssssment is produced. rulemaking record and are not intended material in which they are embedded. OSHA continues to believe that it is to affect the protection afforded by the OSHA Is correcting the General necessary to assure that by-standers am standard in a significant way. OSHA Industry Standard to include certain protected from unwittingly entering finds'good cause, pursuant to 29 CFR definitions inadvertently omitted from areas when the carcinogen asbestos is 1911.5 and the Administrative the August 10,1994 publication of the being disturbed. OSHA wishes to Procedure Act. for promulgating the final rule. These include definitions for clarify, however, that when the corrections without notice and the following terms: Certified Industrial employer can show that which work is opportunity for public comment. Hygienist, homogeneous area, presumed performed by proparly trained and The discussion which follows is asbestos containing material, surfacing informed workers In areas to which no organized by subject matter, not by material, surfacing ACM, thermal other workers have access, OSHA does f Federal Register / Vol- 60. No. 125 / Thurscay, June 29. 1993 / Rules and Regulations 33975 not believe that demarcation of the area is necessary and therefore, is not required. 3. Exposure Assessments and Monitoring Paragraph (0 Construction and Shipyard Employment Standards. In response to the concerns of participants. OSHA is clarifying, but not further amending (Q(2)(iii). Some parties have expressed the view that the distinction between the use of historical data and objective data needs additional clarification. In the 1994 final rule, the definition of objective data was changed from that of the 1986 standard to include activities, as well as products, for which a demonstration is made that operations involving the products and/ or activities will not result in Fiber levels in excess of the PELs. For--.. example, in a facility such as a refinery. gasket removal is aj^^M^npamthan If the employer has monitored these jobs in the past anA has collected sufficient data to conclude mat this activity will" nnt riilr in nrmr IflVgtS tn PELs even when improper work . -Practices and lesser trained Personnel i arensed, it may be concluded tSat the SSiective data criteria have been*met. in which case, further monitoring is not featured. -TKesedata must include situations performed under those work conditions having the greatest potential for releasing asbestos Fibers, such as in the example above, whereuhe gasket is difficult tn remove ftiHvnrwBgre the crew Tslnexnericnced. OSHA believes that "objective data" determinations require basic statistical analysis. At the least, the prior data depended on cannot be the result of chance. Data reflecting the results of many jobs and/or employees are likely to provide adequate data on which to base "objective data" determinations. Certainly, when many different .mplnp . .mplny h.yfl a particular last, ancl levels <rmifnttv falFbeiow the PEL, it is likaiy~tEat future jobs will also fall hwnw m. -Tn requiring objective data determinations to include the worst- case situation. OSHA does not intend to render this an impossible requirement to meet. Rather, as described earlier, the monitoring results from the situations which the employer has encountered in the activity must be included in the information used by the competent person in evaluation of the job. Therefore, using the earlier example, even if a gasket removal was performed in the past using improper work, practices which resulted in elevated Fiber levels, and the current job is to be be used in Class I operations or removal performed correctly in compliance with the standard, this job can still meet the objective data criteria if additional data clearly supports its lew exposure potential. The emp.oyer is not expected to contrive unlikely scenarios, monitor them and conclude that an objective data exemption cannot be claimed. The judgment of a trainod. experienced competent person is essential to making of TSI from "straight runs of piping". OSHA was concerned that the seal of the begs would be stressed if bags were used to remove TSI from structures whose configurations made attachment difficult and unreliable. Therefore, the provision limited glove bag use to "straight runs" of piping, clearly a configuration which bags were manufactured to fit. The Agency did not this determination. CSHA anticipates intend that glove bags could not be used wider use of this exemption in to remove TSI from connecting situations where it is warranted. The extent to which objective data members, joints, elbows and valves which connect and attach to asbestos- documents the effectiveness of controls covered pipes, if they too. are will vary depending upon the potential manufactured and designed to be used for fiber release. A ;ob with very low for that purpose. These corrections exposures, for examples, less than 0.01 change the regulatory text in paragraph f/cc. with simple work practices and (gl(5)(ii) of the construction and little potential for control failure, will shipyard standards to add that need minimal data. Hojvever^duMo the glovebags may be used on connecting high potential for fiber release from configurations so long as they are thermal system ins-iTaH5n and surfacing designed for that purpose, used as ACMTpSHA has louiid that the designed, and not modified. objective data exemption from tn response to concerns expressed by monitoring of Class 1 operations may not participants. OSHA wishes to clarify be relied on, regardless of the control (g)(6)(ui) in which a licensed engineer method used (59 FR p. 40983). For or certified industrial hygienist is example, in the casa of giovobag - required to consider worst-case removals of Class 1 materials, only conditions in determining the adequacy historic data may bo used in the of a alternate method to control asbestos exposure assessment by the competent exposure in Class I operations. "Wotst- person. OSHA continues to believe that case conditions" do not include every annual monitoring is needed to assure imaginable scenario, but the worst case the continued effectiveness of control of is one which can reasonably be fiber levels in jobs involving removal of expected to be encountered in use of the significant amounts of thermal system method. Far example, in the case of a ACM and surfacing ACM. power failure, would the control OSHA has not specified the number method remain capable of containing of personal monitoring data points the fibers and continue to control required to make these determinations. exposure? What would be expected if all Rather, it reties an the training and workers using the method were newly - experience of the competent person to trained? These considerations should use good judgment ir. assessing each include circumstances reasonably operation to determine the ability of the expected to occur. The certifying data to predict potential exposure of workers in that specific job. hygienist or engineer is not required to make the determination with absolute 4. Methods of Compliance and unreasonable certainty. OSHA intends that allowing the use of Paragraph (g) Construction and alternate affective control methods will Shipyard Employment standards. promote the development of new OSHA is clarifying the language in paragraph (g)(4)(ii) to reflect the technologies. Hoofing: After the standard was Agency's intention that outdoor Class I issued, the National Roofing Contractors work performed in areas where no Association (NRCA) filed a petition with employees are working in the adjacent OSHA asking that e number of area e need riot utilize critical barriers, provisions of the standard be nor is perimeter monitoring required reconsidered or clarified insofar as they during such work when control applied to roofing operations. Upon methods in (g)(5) are properly used. examining NRCA's petition in tight of Several participants submitted data the rulemaking record. OSHA has indicating low levels of fibers were determined that certain corrections and measured during outdoor activities (e.g.. clarifications to the standard would ease Ex.7-39 and Ex. 127). coraplianca burdens on roofing OSHA is clarifying paragraph (g}(S)(ii) contractors and avoid creating safety of the construction and shipyards hazards without significantly increasing standards to explain when glovebag use the amount of asbestos to which roofing is allowed. OSHA allowed glovebags to workers are exposed. OSHA also 33976 Federal Register / Vol. 60. No. 125 / Thursday. June 29. 1995 / Rules and Regulations determined that certain corrections and flashings is not Class II work. A new training requirements for Class II, tn or interpretations were needed to clarify paragraph (glltl) is being added to the IV work specified in paragraph the agency's original intent as to the construction standard that will (k)(9)(mHv). Workers on jobs covered meaning of the standard. OSHA also exclusively gevem such removals and is by new paragraph (g)(tl) must, believes that the meritorious intended to impose only a few however, be trained in the following recommendations of the petition are straightforward requirements and topics: properly responded to by the following corrections and clarifications. (a) Removal of intact cements, coatings, mastics, and flashings. prohibition t that reflect the limited asbestos exposure potential of such operations. An identical paragraph (g)(l2) is being added to the shipyard Identification and Recognition of AsbestosContaining Roofing Materials identification of asbtstos Uses in roofing, past and peasant The original standard classified all employment standard. Under paragraph Characteristics of asbestos removals of asbestos-containing material from roofs as Class fl operations. This classification was based on OSHA's evaluation of the risk associated with removal from roofs of asbestoscontaining built-up roofing and removal of asbestos-cement (A/C) shingles. Such jobs were assigned the Class II (g)(U). the material must not be sanded, abraded, or ground but must be removed using manual methods that do not render the material non-intact. Material that has been removed from a roof must not be dropped or thrown to the ground and must be removed from the roofby the end of the work shift, either by being Potential Health Effects of Asbestos Nature of asbestos related disease, including latency and madicat lasts for identifying asbestos diseases Routes of exposure Dose response relationships Relationship between cigarette smoking and asbestos exposure and availability of smoking cassation programs designation because the large quantity carried or passed to the ground by hand . Federal OSHA Construction Asbestos of.asbestos-containing material on such or by being lowered to the ground via Standard roofs dictated that care had to be taken to assure that substantial numbers of asbestos fibers were not released by the removal techniques used or by the manner in which the material was handled after removal. On many roofs, the shingles or built- up roofing do not contain asbestos but asbestos is present in the form of covered, dust-tight chute, crane or hoist. Prior to the start of the job, the material must be examined by a competent person to determine whether it is intact and is likaly to remain intact throughout the job. And tha employees must be trained in the hazards of asbestos exposure and die proper work practices and prohibitions applicable to such Overview of standard ' Discussion of alternative methods for handling intact asbestos roofcoatings, mastics, esmtats, and flashings Discussion of PEL and significant risk Intact versus Non Intact Malarial* Definitions How to recognise non Intact material* Procedures to be fallowed whan material is found or becomes non intact cements, mastics, coatings, and work. If these conditions are not mat. Appropriate Work Practices flashings. These products ore not the primary roofing material but are typically.used for purposes such as then the job must be treated as a data fl job. When cements, mastics, coatings, and Applying mastics, cements, coalings Manual methods for removing materials Clean up and waste disposal weatherproofing openings or edges. For flashings arc manufactured and The competent parsons who inspect example, on a flat roof with a parapet installed, the asbestos fibers ire tightly jobs covered by new paragraph (g)(n), around the edge, flashing would be used encapsulated by adhesive bituminous and who do not supervise other jobs to seal tha area where the built-up and resinous compounds that effectively (hat are covered by tha asbestos roofing meets the parapet When the prevent the fibers from being released. standard, are not subject to tha special only ACM on a roof is in the form of In order to provide effective training requirements for Class II, HI or cements, mastics, coatings, and waterproofing, these materials must, IV work specified in paragraph (o)(4). flashings, tha amount of asbestos present is much less than when the retain their adhesive quality over thair Such competent persons must, however, useful Ufe. Accordingly, when such be knowledgeable in the following main roofing material contains asbestos, and tha potential for worker exposure is correspondingly lower. There is still the potential for significant fiber release if such materials have deteriorated to the point where they are no longer "intact," i.e., where either before or during removal they crumble, are pulverized, materials are intact prior to removal, the use of commonly used manual methods to remove the material will not result in significant fiber release. A variety of hand tools are typically used to remove cements, mastics, coatings, and flashings, including spud, spade, flatblade or slicing tools, such as axes, topics in addition to the above topics covared in worker training: Methods of Determining Presence of Asbeatoe-Containing Roofing Material Understanding and Interpreting Air Monitoring Data Some states, building ownan. etc. require air monitoring an ell ACM or otherwise become deteriorated to the mattocks, pry bars, spud bars, crow ban. projects point where the asbeetoe fibers are no longer likely to be bound with their matrix. However, such materials lore their waterproofing ability, and are shovels, flat-blade knives, and utility knives. When these tools are used to slice, cut. strip-off, shear-under, or plyup the material, in accordance with Understanding a negative exposure assessment Notification Requirements--Commercial/ Industrial Work Only therefore usually replaced, before they have deteriorated to the point where they ore non-intact. Thus, in the usual standard practice in the roofing ' In addition to exclusively regulating industry, their use is acceptable under the removal of intact cements, mastics, new paragraph (gj(ll). Ifthese tools am coatings, and flashings, paragraph circumstances when such materials are used in other, unconventional ways IgKll) also exclusively regulates the intact both before and during removal, which causa the material to crumble or installation of ACM on roofr. Because the potential for exposure is low and the become pulverized, or if other tools or the use of most asbestos products has full range of precautions required methods which render the material non- been phased out. tha only asbestos- during Class II work is not needed to intact are employed, then new containing products currently being protect workers against excessive paragraph (gj(ll) does not apply. installed on roofr tn certain cements, asbestos exposure. Employees working on jobs covered mastics, and coatings. These materials Accordingly, OSHA is correcting the by new paragraph (g)(ll) and no othar are installed in a liquid or semi-liquid standard to provide that removal of jobs that are covered by the asbestoa state in which the asbestos fibers are intact cements, mastics, coatings, and standard an not subjact to the special encapsulated in the bituminous or A Federal Register / Vol. 60, Mo. 125 / Thursday, June 29. 1995 / Rules and Regulations 33977 resinous binders used in these products, and new paragraph (g)(ll) therefore does not require special work practices to prevent fiber release during installation. In addition to the requirements that apply to removal, paragraph (g)(U) contains a notification requirement applicable to newly* installed products. When materials labeled as containing asbestos pursuant to paragraph (k)(8) of the standard are installed on non-residential roofs, the contractor must notify the building owner of the presence and location of the asbestos-containing material. Under the standard, building owners must be aware of the presence of ACM. and this notification requirement will give the building owner the information needed to fulfill the owner's compliance duty. The requirement is limited to installation of ACM on non-residential roofs because owners of residential dwellings are typically not employers subject to the standard and are therefore not required to maintain records about the presence of asbestos in their buildings. Because work on jobs covered by new paragraph (g}(ll) is not Class I. Class II, or Class HI work, such work is not included under paragraph 1101(m)fl](i) in the determination of which employees are covered by the medical surveillance provisions of the standard unless during such jobs employees are exposed at or above the TWA or excursion limit or wear negative pressure respirators. In addition, the installation or removal of intact asbestos-containing roof coatings, mastics, cements and flashings are not subject to any provision of the standard other than new paragraph (g](U) as long as the materials remain intact and the requirements of paragraph (g)(ll) are satisfied. OSHA notes that materials very similar to these "incidental" roofing materials are used for other purposes: for example, asbestos impregnated asphaltic wrap is used for protection of underground pipes. OSHA regards removal of such intact materials as being governed by (g)(U) of the construction standard of the shipyard employment standard.) The corrections, clarifications and interpretations that are discussed in the following sections apply to roofing operations in which asbestos is present in the primary roofing material, as in the case of built-up roofing (BUR) and A/C shingle roofs. (b) Use of Wet Methods and Respirators During RoofRemovals Tne standard recognizes that wet methods are an important means of control during asbestos removal operations. When the surface of material being removed is wet. some asbestos fibers that wou.d otherwise be released when the material is disturbed will adhere to die liquid rather than become airborne. Therefore, paragraph (g)(l)(ii) generally requires that wet methods be used to control worker exposure to asbestos during removal, as well as other, operations. However, paragraph (g)(1)(H) recognizes that wet methods are sometimes infeasible and provides that wet methods need not be used in such circumstances. One situation in which paragraph (g)(1)(H) indicates that wet methods may be infeasible is when they would create slipping hazards during roofing work. This reference to slipping hazards in roofing work was included in the standard because a number ofcommenters expressed concern that an unconditional requirement to use wet methods could increase safety hazards associated with roofing work. (See 59 FR at 41006). Watting the surface of a roof can make the surface slippery and increase the likelihood that a worker could slip while walking or working on the roof. This would be particularly dangerous on sloped roofs, where a slip could result-in a worker falling off the edge of the roof. OSHA recognizes that the potential for falling from a roof makes roofing work hazardous even under the best of circumstances, and use of wet methods that make the roof surface slippery can add significantly to that hazard. OSHA believes that the potential for increased safety hazards when wet methods are used on sloped roofs dictates that wet methods should not be used on sloped roofs unless there is a realistic likelihood that the TWA or excursion limit would be exceeded if wet methods are not used. Data in the rulemaking record indicate that exceedances of tha TWA or excursion limit will not occur when the material being removed is intact and the work practices specified in the standard are followed. (See 59 FR at 4100S). Accordingly, the standard is being amended to provide that wet methods are not required on sloped roofs when the ACM being removed is intact. Two corrections to the standard are being made to effectuate this intent Paragraph (g)(l)(ii) is being corrected to state that wet methods need not be used during roofing werk when they are not required under paragraph (g)(8)(H). And paragraph (g)(6){ii](B) is being corrected to provide that wet methods must be used to remove roofing materials that are not intact or that will be rendered not intact during removal unless wet methods are not feasible or will create safety hazards. As amended, paragraph (g)U)(ii) makes clear that roofing materials are only subject to requirements for wet methods that are explicitly contained in paragraph (g)(8)(ii). There are two such requirements. First, paragraph (g)(8j(ii)(B), as amended by this notice, retains the requirement for use of wet methods to remove non-intact material unless the competent person determines that wetting the material is not feasible or would create a safety hazard. Second, paragraph (g)(8)(ii)(C) requires that cutting machines be continuously misted during use unless a competent person determines that misting substantially decreases worker safety. As cutting machines are only used in the removal of built-up roofing, which is not found on sloped roofs, the standard does not require the use of wet methods on sloped roofs whan the material being removed is intact. When wet methods are not used, the increased potential for airborne asbestos may dictate the need for other precautions, such as respirator use. Paragraph (h)(l)(ili). as originally written, required use of respirators during all Class H and Class III work that was not performed using wet methods, without regard to actual or anticipated exposure levels. However, respirator use can also increase the safety hazards associated with roofing work by limiting workers' visibility and mobility. Moreover, roofing work is sometimes done in hot weather, which can add to the discomfort associated with respirator use. Respirator use may also increase the risk that roofing workers performing the often physically demanding tabor required ofthem during hot weather will suffer heat stress. OSHA believes that the drawbacks of respirator use on roofs would lead many roofing contractors to use wet methods rather than respirators on sloped roofs if one or the other is required. Therefore, a requirement that either respirators or wet methods be used would lead to increased use of wet methods on sloped roofs, with an attendant increase in slipping and failing hazards. OSHA is reluctant to include a requirement in the standard that could increase safety hazards during roofing work unless such a requirement is dearly needed to avoid overexposing workers to airborne asbestos. As noted above, evidence in the rulemaking record indicates that asbestos levels will not exceed the TWA or excursion limit when intact roofing material is removed using proper work practices even when wet methods are not used. For the reasons discussed earlier, OSHA has 33978 Federal Register / Vol. 60. No. 125 . Thursday. June 29. 1995 / Rules and Regulations therefore concluded that wet methods believes that, when ACM that has been requires that once roofing material has should not be required during such removed from a roof is intact, there is been lowered to the ground, unwrapped removals. OSHA further concludes that little potential for fiber release if the material shall be transferred to a closed employers should not be forced to material remains undisturbed on the receptacle in a manner that will choose between wet methods and roof for a short time. preclude the dispersion of dust. respirators because such choice would For non-intact material, however, the undoubtedly lead to use of wet methods potential for significant fiber release (d) Cleanup ofDust and Debris in many cases and. even where requires soma means of protection if the The standard contains several respirators are selected, roofing workers 'material is not immediately lowered to requirements aimed at assuring that would be exposed to increased safety the ground. To minimize fiber release asbestos-containing dust and debris are hazards. Accordingly, paragraph horn non-inuc*. material while it cleaned up in a manner that minimizes (h)(l)(iii) is being corrected to provide remains on the roof, paragraph worker exposure. Paragraph (g)(l)(i) that even when wet methods are not (g)(a)(ii)(E) requires that such material requires that HEPA vacuums be used to used on sloped roofs, respirators need either be kept wet, wrapped, or bagged collect all dust and debris containing not be worn when a negative exposure if the material is not immediately ACM or PACM. The general provision assessment has been made and the ACM lowered to the ground. The option to for use of wet methods in paragraph is removed in an intact state. keep the material wet was not available tgl(l)(ii) applies during cleanup (cl Lowering Removed Material to the Ground undor the ori ginal version of the operations. And dry sweeping, standard. Ho-.vcver. keeping the material shoveling, or other dry clean-up wet will minimize fiber release and will methods are prohibited by paragraph Once asbestos-containing roofing avoid the need the additional handling (g)(3)(iii). material has been separated horn the required when the material is wrapped When a roof is to be removed, there roof, it must be lowered to the ground or bagged. Although wetting may is often dust and debris on the roof that for disposal. Proper handling of the sometimes not be feasible, there is no has resulted from the roofs exposure to material, both on the roof and on the reason not to allow its usa.as an the elements over a long period of time. ground, is needed to reduce the release alternative to wrapping or bagging in The standard does not require HEPA of asbestos fibers. Even when-the those situations where it is feasible. vacuuming of such general material is intact, the large quantity of As corrected, paragraph (g]{8)(li)(E) environmental contamination before material that must be moved from the allows material to be carried or passed roof removal work begins or during such roof to the ground during a Class II roof to the ground by hand as an alternative work. HEPA vacuuming of dust and removal job dictates that care be used in to being lowered by means of a dust- debris is only required if there is an the disposal operation. And when tight chute, crane or hoist. This gives indication that non-intact ACM is the material is non-intact. the potential for employers additional flexibility in . source of the dust and debris. Similarly, releasa of large numbers of asbestos situations where manual lowering is if a roofing contractor does clean up fibers during disposal operations feasible. For example, some roofing jobs environmental dust and debris that is require; additional precautions. may involve removal of amounts of not. associated with non-intact ACM As originally written, paragraph ACM sufficiently small that the most before or during a roof removal job, the (g)(8)(ii)(E) required that any ACM feasible method of lowering the material standard's prohibition on use of dry removed from a roof either be to the ground may be to have it carried clean-up methods does not apply. immediately lowered to the ground via off the roof by s worker. Also, where the When a power roof cutter is used to covered, dust-tight chute, crane or hoist, roof is not too high off the ground, it remove built-up roofing, the dust or else be-placed in an impermeable may be feasible to passthe material to resulting from the cut is non-intact waste bag or wrapped in plastic sheeting the ground from hand to hand. As long ACM, and the standard requires that the and lowered to the ground no later than as the materiel is not dropped or thrown dust be thoroughly and appropriately the end of the work shift. By oversight, to the ground. OSHA does not wish to cleaned up. Rather than requiring that no distinction was made between intact prohibit use of lowering methods that and non-intact material. To correct this do not give rise to the potential for oversight, OSHA is clarifying the significant fiber release. such dust always be HEPA vacuumed, paragraph (g)(8)(ii)(D) is being corrected to give employers additional flexibility wrapping or bagging requirement of Two technical amendments dealing when the dust can be removed by other paragraph (gj(8)(ii)(E) in the case of with disposal of asbestos-containing means that prevent it from becoming intact roofing material. As long as the roofing material are also being made. airborne. When built-up roofing is material is lowered to the ground no Paragraph (1)(2). the general provision removed from a smooth-surface roof later than the end of the work shift, the for disposing of asbestos waste, is being (i.e., a non-aggregate built-up roof), employer is no longer required to wrap corrected to stats explicitly that the paragraph (gl(8)(ii)(D) now permits or bag intact material while the material specific requirements for disposal of employers, as an alternative to HEPA remains on the roof. Wrapping or roofing waste in paragraph (g)(8)(ii) - vacuuming, to gently sweep and then bagging of intact material is apply in lieu of the general requirement carefully and thoroughly wipe up the inappropriate for two reasons. First of paragraph (1)(2). And paragraph still-wet dust and debris generated by wrapping or bagging requires additional (gj(t)(ijiX which generally requires the roof cutter and left along the cut handling of the material and could prompt clean-up and disposal of line. As long as the dust is completely increase the likelihood of asbestos fiber asbestos waste and debris in leak-tight wiped up while it is wet. this method release, particularly in the case of large containers, is similarly being corrected will assure that the dust is disposed of sections of built-up roofing, which can to state that the specific provisions for without becoming airborne. However, be difficult to wrap or bag. Second,, clean-up and disposal of roofing waste where the built-up roofing has an wrapping or bagging increases the time in paragraph (g)(8)(ii) are exclusive. aggregate surface, sweeping and wiping required for the job and would thereby Thus, disposal of roofing waste is of the dust generated by the roof cutter increase the time during which workers governed exclusively by paragraph is not an effective alternative because are exposed to the safety hazards (g](8](ii](E), which has been discussed some dust will remain in the cracks and associated with roofing work. OSHA above, and paragraph (g](8)(ii](F}, which crevasses of the aggregate surface. 1 Federal Register t Vol. 60. No. 125 / Thursday, 1'une 29. 1995 / Rules and Regulations 33979 Therefore. HEPA vacuuming is still required in this situation. A correcting amendment is being made to paragraph (g)(l)(i), the general provision requiring HEPA vacuuming of [just and debris, to acknowledge that paragraph (g)(8)(ii)(D) contains an exception to the requirement for HEPA vacuuming of dust and debris in the case of removal of built-up roofs from smooth bases. The amendment to paragraph (g)(l)(i) does not affect the general requirement that dust and debris associated with non-intact roofing material be HEPA vacuumed. (el Small Removal and Repair Jobs Before a roof has reached the end of its useful life and must be replaced, it can develop leaks that must be repaired. When only a small area of an asbestoscontaining roof is disturbed during a removal or repair job. the potential for exposure is much lower than for a complete roof removal job. and alt of the precautions required for Class If or III roof removal jobs are not needed. It would, for example, be unnecessarily burdensome to require a HEPA vacuum to be lifted to a roof and connected to a possibly distant source of electricity if only a negligible amount of dust must be collected. Accordingly, a new paragraph (g)(8)(U)(H) is being promulgated to provide that removal or repair of intact roofing less than 2$ square feet in area does not require use of wet methods or HEPA vacuuming aa long as manual methods which do not render the material non-intact are used and no visible dust is created. By requiring that hand methods be used and no visible dust be released, the exception is limited to situations where the work is done in a manner that does not release significant numbers of asbestos fibers. Moreover, OSHA believes that the 25 square foot figure, which represents a 5-foot square ana. represents a reasonable cutoff between small repair jobs that do not require the full range of protection and larger jobe that present the potential (be significant exposures. Paragraph-(g)(8){tiKH) ia located in a section of the standard that addresses methods of compliance for Class Q work. However, a job that qualifies for the exception also does not require use of wet methods and HEPA vacuuming under provisions of the standard applicable to Clasi IQ and Class IV roofing operations. (f) Clarifying Corrections Several corrections are being made to the regulatory language to clarify OSHA's intent and avoid uncertainty among employers who must comply substantially intact state." paragraph with the standard. (h)(l)(ii) requires respirator use. In Paragraph (f)(2)(ii), which describes short, the meaning of the term "intact" the basis for making initial exposure haa considerable importance in assessments, is being corrected to state determining whether and how roofing more directly that the initial exposure operations are regulated under the assessment mus: be based on jobsite monitoring unless a negative exposure standard. Roofing materials that are separated assessment has been made. The introductory sentence of into pieces in the process of removal or repair are not considered to be "non- paragraph (g)(8Kiii) is being corrected to intact" solely because the material has clarify OSHA's intent that the been cut. sliced, pried, or otherwise requirements of paragraph (g)(8)(iii) do separated into smaller units for the not apply to removal of ACM from roofs purpose of removal. The condition of but only to removal of ACM from the smaller units or pieces of removed building exteriors other than roofs. Paragraph (k)(7)(ii) is being corrected to assure that signs demarcating a regulated area provide accurate information as to whether respirators and protective clothing are required in the area. As originally written, the provision required all such signs to state that respirators and protective clothing must be wom in the regulated area. However, this information was sometimes inaccurate, because certain work must be performed in regulated areas even when the employees in the area are not required to wear respirators roofing (for example, a 2 foot by 2 foot section of built-up roofing) must be evaluated against the definition of the term "Intact" in paragraph (b) of the standard in order to determine whether the roofing material has been rendered "nan-intact" by a removal or repair operation. For example: a. Built-up roofing (BUR) that has been cut into smaller sections (e.g., using a power roof cutter) and pried up from the roof is not deemed to bis "non-intact" solely because it has been separated into piece*. If the pieces of removed BUR have "not crumbled, been pulverized, or otherwise deteriorated so that and protective clothing. For example, all (they) an no longer likely to be bound with Class Q work must be performed in Itheirl matrix." than they tie "Intact" a regulated areas.'but respirators and/or protective clothing are not required during such work if the material remains substantially intact during removal and a negative exposure assessment has been made. Accordingly, paragraph (k)(7|(ii) is being corrected to provide that signs marking regulated defined ia paragraph (bl of the standard. On the other hand, the dust aeatad by the dastmetiv* force of the cutting blade oft power roofcutter would be considered "nonintact." b. The same interpretation applies to other roofing material* which an typically removed by dividing them into smaller units. For example, roofmastics and cements an areas must state that respirators and usually pried, chipped or soaped off: asphalt protective clothing must be wom within the area only when the standard in fact requires such protection. felt underlayments an sliced and toiled-up or sometimes scraped-offor chipped-off. and flashings an sliced into manageable units andthen pried-up. The fact that roofing (g) Clarifying Interpretations matarials have been nmovtd in this fashion . Definition of "intact": The term "intact" is used in a number of provisions of the standard relating to roofing work. For example, several dot* not by itself nnder them non-intact under the standard. Rathtr. the temoved pieces of roofing must be evaluated to determine whether they an "intact" as dafintd in paragraph 1101(b) of tha standard. paragraphs discussed above differentiate c. Ukawisa, although asbestoKemant (A/ between "intact" and "non-intact" - Cl shingles an pried up by band end roofing materials. Similarly, paragraph removed as individual units of roofing, (g](S)(ii)(A), which applies to Class H . occasionally incidental breakage of the roofing removals, requires that roofing material be removed in an "intact" state to the extent feasible. "Intact" is defined shingle* will occur even during canfill removal procedures. Such incidental breaking does not in and of itsalf nnder the materiel non-intact under the standard: the at paragraph (b) to mean "that the ACM question is whether the shingle* (whether has not crumbled, been pulverized, or broken or not) have been crumbled, otherwise deteriorated so that it is no pulverized, or otherwise an not likely to be longer likely to be bound with its bound with their cementitious matrix is a matrix." Accordingly, paragraph (g)(8)(ii](A) is satisfied when the roofing material is removed in manner that does not cause it to crumble, become mult of tha removal operation. The saint intarpnution applies to incidental breakage of other asbastoa-containing roofing matarials during removal or tubsaquant handling. pulverized, or otherwise damaged in a Paragraph (b)(1)(H) requires that manner that is likely to release asbestos respirators ba used if the material is not fibers. Also, if asbestos-containing removed in a "substantially intact roofing material is not removed "In a state." This provision does not require 33980 Federal Register / Vol. 60. No. 125 / Thursday, tune 29. 1995 / Rules and Regulations that respirators be used during removal of built-up roofing when the BUR is cut into pieces. HEPA Vacuuming, Wet Methods, and Bagging or Wrapping of Removed Material: Certain of the corrections to the standard that have been described earlier limit the situations in which HEPA vacuuming, wet methods, and bagging or wrapping are needed when asbestos-containing roofing materials are "intact" both prior to and after removal. Because many roof removal jobs involve removal of intact material, it is useful to summarize when these precautions ate required. The only wet method required when removing intact roofing material is continuous misting of the cutting blade of a power roof cutter, unless the competent person determines that misting substantially reduces worker safety, during removal of built-up roofing. HEPA vacuuming is only required to remove the dust that the power roof cutter leaves behind on aggregate-surface built-up roofs. And intact material does not need to be bagged or wrapped while it remains on the roof prior to being lowered to the ground. The material must, however, be lowered to the ground before the end of the work shift. OSHA emphasizes that additional precautions are required whim roofing material is non-intact. All dust and debris associated with such material must be HEPA vacuumed. If non-intact material is not immediately lowered to the ground, it must be kept wet. bagged, or wrapped while it remains on the roof. Additional use of wet methods will often be appropriate. However, because of potential safety hazards and other problems that excessive water on a roof can create, the degree to which wet methods are used is left to the sound judgment of the competent person. When non-intact material is removed, and particularly when wet methods are not used or when their use is limited, precautions such as respirators and protective clothing, which must be used if a negative exposure assessment cannot be made, will be required. Isolation or Shutdown ofAir Intakes: Paragraph (g)(S)(ii){G) requires that roof level heating and ventilation air intake sources be isolated, or the ventilation system shut down, during Class II roof removal work. The purpose of this provision is to prevent asbestos fibers from entering the building's ventilation system and being inhaled by persons in the building. In general, paragraph (g)(8)(ii)(C) requires isolation or shutdown only of air intakes in the regulated area. Under paragraph (e), regulated areas must be established and demarcated in a manner that will protect persons outside the area from exposure to asbestos. Therefore, when regulated areas have been properly establis.ied. there should not be a significant quantity of airborne asbestos fibers available to enter air intakes outside the regulated area. In some circumstances, however, prudence will dictate that air intakes even outside the regulated area be isolated or shut down. For example, if the opening of an intake outside the regulated is downwind from the removal work, variables such as wind speed and proximity and orientation of the intakes to the air flow may warrant isolation or closure of the intake. OSHA expects the competent person to use good judgment to effectuate the intent of the provision. Forms of isolation that will satisfy paragraph (g](8)(ii)(G). depending on the circumstances ofJhe particular job. include: (1) the use of 20 foot "buffer zones." subject to the exercise of good judgment by the competent person based on site-specific conditions, as discussed in the August 10,1994 preamble, 59 Fed. Reg. at 4100S; (2) the use of HEPA filters over the air intakes; (3) the use of horizontal or vertical extensions that relocate the opening of the air intake outside or above the regulated area or away from or above a nearby upwind source of asbestos fiber emissions; or (4) covering the intake with plastic sheeting or another kind of barrier. 5- Respiratory Protection Paragraph (h) of Construction and Shipyard Employment Standards. Respirators: In Class I operations in which a negative exposure assessment is not obtained, OSHA has clarified its respiratory protection requirements and has determined that the use of tightfitting powered air-purifying respirators is permitted if the uxposure assessment and monitoring show that exposure levels do not exceed 1 free as an 8 hour time weighted average. Further when supplied air respirators are used in such circumstances, either HEPA egress cartridges or auxiliary bottles of air for supplied air respirators will be allowed. Paragraph (h)(2)(iv) in the construction and shipyard standards is corrected to incorporate these changes. The respirator tables remain unchanged. This clarification is made to address the concerns of participants that although a higher degree of respiratory protection is needed in Class 1 operations where a negative exposure assessment is not produced, there are times when safety hazards (e.g.. tripping], worker acceptability, configuration of the work area, and feasibility considerations make the choice of a supplied-air respirator less optimal. The record showed that tight- fitting powered air-purifying respirators (PAPRs) are widely accepted, offer additional mobility, and ore effective at those levels and therefore are a protective alternative to supplied air respirators. Therefore, when an employer's exposure assessment shows that exposure levels will be below i.O fibers per cubic centimeter (free) as an 8-hour time-weighted average. OSHA is allowing use of PAPRs. Where a negative exposure assessment is not produced, but fiber levels are controlled and do not vary above 1.0 free as an 8hour time-weighted average. OSHA believes use of PAPRs is appropriate. Additionally, OSHA has noted that operations having higher fiber levels are often quite variable and that the time required to receive sampling results may be lengthy, hence the standards continue to require supplied air respirators when fiber levels are above the 1.0 free level. Thus, the higher degree of protection offered by supplied air respirators U needed, as pointed out by rulemaking participants (Ex. 7-54; Ex. 143 at 48 and 63). OSHA is also allowing the use of HEPA egress cartridges with supplied air respirators. Participants expressed concern that an auxiliary positive pressure self-contained breathing apparatus was not the only means of adequately providing for escape from the work atea-when the air supply failed. Many felt that HEPA-escape cartridges were equally effective and should be allowed. (See discussion in Ex. 143 at 65-69). OSHA notes that careful training in the use of HEPAegress methods and of auxiliary positive pressure self-contained breathing apparatus is essential to their effective use in emergency situations. 6. Hygiene Facilities and Practices for Employees Paragraph (j) Construction and Shipyard Employment Standards Some participants pointed to an apparent inconsistency in-the hygiene requirements in the standard. OSHA is correcting the provision dealing with clean rooms, (j)(l)(i)(C) in both standards, to clarify that showering Is required and then the worker is to use a clean room provided by the employer to put on street clothes. Briefly, the overall scheme for showering following asbestos work is as follows: 1. Class I work involving more than 25 linear or 10 square feet of TSl or surfacing ACM, adjacent showers required except where infeasible, on Federal Register / Vol. 60. No. 125 / Thursday, June 29. 1995 / Rules and Regulations 33981 fjgPA vacuum their work clothes, Ih^ige to clean work clothes and nroceed to a non-adjacent shower. p 2. Following Class 1 jobs involving less than 25 linear or 10 square feet of TS1 or surfacing ACM. and Class II asbestos operations in which the PELS may be exceeded, showering is required, but the shower need not be adjacent to the work site, so long as the workers HEPA vacuum their work clothes on jjropcloths and use proper procedures for clean-up before proceeding to a non contiguous shower. 3; Following Class III work where the PELS may be exceeded. HEPA vacuuming of work clothes is required. For Class III operations involving thermal system insulation and/or surfacing ACM/PACM where there is no exceedence of the PELs, HEPA vacuuming of workclothing is highly recommended, though not required. 7. Communication ofHazards Paragraph (k) of Construction and Shipyard Employment Standards and paragraph (j) of General Industry. OSHA is making some corrections of the regulatory text to clarify (i) which materials an employer must presume are asbestos-containing, (ii) when a reasonable employer must investigate the possibility that other materials are asbestos-containing, (iii) how to refute a required presumption that materials contain asbestos, (iv) when to make these decisions, and (v) whom to inform. The term "due diligence" is not defined, it means however, that a reasonable employer, informed of this standard and other pertinent regulations, must inquire into the possibility that a building material is asbestos-containing. The required extent of the inquiry may vary, depending on the prevalence of the ACM for that use in that location, previous surveys, inspections, and other knowledge sources, and the date the material was installed. Paragraph (k)(5)(ii)(B) in the construction and in the shipyard employment standard and pangraph [jl(8)(ii)(B) of the general industry standard are clarified to address concerns of participants regarding the requirement for 3 bulk samples to rebut the presumption that a material is ACM. OSHA clarifying that it is referencing the EPA sampling protocol of 40 CFR 763.B6. This requires an accredited inspector (OSHA allows a CIH) to collect samples in a random representative manner horn each homogenous area of surfacing material: 3 from each homogeneous area of less than 1.000 satlArn c between 1.000 and 5.000 square feet and 7 from areas greater than 5.000 square feet. In addition, one sample is adequate from homogenous patched areas of TSI of less than 6 square cr linear feet. For insulated mechanical systems and other "miscellaneous" materials, bulk samples are to be collected "In a manner sufficient to determine whether the material is or is not ACM." Further, this scheme will allow the inspector or CIH to determine that a TSI is fiberglass, foam glass, rubber or other non-asbestos containing material and sampling is not required for these materials. Thus, the number of samples required will be lessened in some situations and inc: eased in others, depending on the .imount of material - present. Actual sampling may be conducted under the supervision of a certified industrial hygienist or accredited inspector, but a "visual identification" may be made onlyby a CIH or inspector. Training Requirements: Questions have arisen regarding the time requirements for "refresher" training required irrparagraph (k)(9)(ii) of the . construction and the shipyard employment standards. OSHA wisha* to clarify that for Class I workers and far Class f and Class IT compatent persons whose training is equivalent to that of 40 CFR part 763. subpart E, appendix C. the annual refresher training shall be of 8 hours duration, equivalent to that in the EPA regulation. For all others trained under the provisions of these standards, annual refresher training is required, but the duration is not specified. OSHA believes that hands-on training is essential for both initial and refresher training. To accomplish this and cover essential health information, a minimum of two hours training will be expected for Class II and IQ work. Trainingfor Cicss 11 work: In developing the revised standards, OSHA noted that asbestos abatement workers often remove largo amounts of the higher hszard materials such as thermal system ACM and sprayed-on ACM and other ACM having somewhat lower exposure potential such as siding, wallboord and other building materials. For this group-of workers OSHA continues to believe that training equivalent to that of EPA's asbestos abatement worker training is appropriate. However, some workers will remove only ACM which is not TSI or surfacing ACM. For those whose work involves removal of oiily a single generic type of material. OSHA specified that an 8 hour training course would be acceptable. OSHA continues to believe that this time period is necessary for training of workers whose duties include removal ofbuilding materials such as roofing, flooring, siding, transite panels and ceiling tiles. However, it has been brought to the agency's attention that there are some other types of materials other than those listed ACM building components. These other materials include gaskets, firedoors, laboratory hoods, and other materials (for example, see list in Ex. 1183, EPA's "Greenbook" Appendix G. page 40). However, covering all required training for those other materials is generally not assumed to take 8 hours. The training for these'materials continues to require covering all topics in (k)(9)(viii) of the Construction and Shipyard Employment Standard, all pertinent work practices and other controls and must have a "hands-on" component. OSHA believes that such training would be likely to require at laast 4 hours to adequately cover the topics, methods, and hands-on portion. OSHA also recognizes that many different operations will be covered in this type of training and that the time required for edequate training will vary and thus the period is not specified. Training for Class III Work: OSHA has reviewed the training requirements for Class HI work for employers with a stable work force which infrequently encounters limited types of asbestos and generates less than a waste bag full of dust and debris (OSHA notes that the waste bag dimensions must not exceed 60" by 60"). These operations occur at various locations such as refineries, power plants, or in the communication industry and may involve rapidly completed operations such as removal of a small gasket from a pipeline or drilling a hole in a shingle to run cable through it. In submissions to the record, participants (e.g.. Exhibits 7-21,7-99. 7-101,127.145) presented sampling date indicating these exposures were well-controlled by the use of work practices by workers trained under the provisions of the earlier standards. The standards require training equivalent fo EPA's "04M" training as outlined in 40 CFR 703.92. This training, which was.originally intended to serve as part of an operation and maintenance program for schools, provides a basis for training for those operations in most other buildings and facilities. However, OSHA has re evaluated the requirements for this training in light of the fact that Class III operations under its standards include different activities then managing installed asbestos containing building materials in place. This 16 hour course may not serve to properly prepare those 33982 Federal Register / Vol. 60, No. 125 / Thursday. June 29, 1995 / Rules and Regulations whose duties include other activities such as changing an intact gasket, in a pipeline, replacing packings or making occasional small opening in shingles to run lines. On the other hand, these job's often involve only small amounts of asbestos and are usually brief in duration, infrequent, and often take place out of doors requiring different skills so that some of the requirements of the 16 hour course are not relevant. OSHA has clarified that, as for other provisions of the standards, employers may rely on their well-trained competent persons to decide whether the O&M-type course is appropriate to these tasks*, (f it is determined that the curriculum, equivalent to that of 40 CFR 763.92 does not adequately cover the topics and work practices needed in an operation, the employer's competent person may certify that the training contained in (k)(S](viii) is more applicable to that situation and may opt to designate this training, as long as the specific work practices, other controls necessary and "hands-on" training will be adequately coveted. OSHA anticipates that the duration of the training will to some extent, reflect the complexity and hazard of the operation, but would be Ukely to require at least 4 hours of initial training to adequately cover the topics, methods, and hands-on portion. However, the duration of such training is not specified. Annual refresher training for this group of workers is required, without specified duration. Paragraph (j)(7)(iv) of the General Industry standard is corrected to clarify the requirement for awareness training of housekeepers. The word "facility" is replaced with the word "area." This clarifies OSHA's intention that only those workers whose housekeeping duties require them to work in areas of a building or facility in which asbestos or presumed asbestos is present shall receive awareness training. For example, in a refinery in which the only ACM/PACM is outdoor pipe insulation and the housekeepers duties are only within the office building on the site, the employer is not required to provide them awareness training. Awareness training is required for those whose duties might bring them into contact with ACM/PACM. Signs: The requirements for signs in the construction standard were inadvertently omitted from the general industry standard. The paragraph (k)(6) of the 1926.1101, which requires asbestos warning signs in areas of buildings where there is ACM/PACM. is added to 1910.1001 and becomes paragraph (j](3)(v). S. Medical Surveillance (TWA) to 0.1 f/cc in the present Paragraph (n) Construction and Shipyard Employment Standard. OSHA inadvertently included more extensive medical requirements for 2 groups of workers who perform lower risk work. Accordingly. OSHA is clarifying paragraph (m)(l)(i) to reduce requirements tor medical surveillance for two groups of workers. For the first group, occasional wearers of respirators, the more comprehensive physical examination required by the asbestos standards is not necessary for workers who are required to wear negative pressure respirators while performing Class I, II. or HI work for less than 30 ' days per yev. For this group, a physician must ensure that employees are able to use a respirator. The interval for such determinations is one year. This provision is similar to that of 1910.134, the Respiratory Protection Standard, which is currently in rulemaking. This provision may be amended as a result of that process, at which time OSHA may reconsider this provision in the asbestos standards also. Class II and Class UlMediemt Surveillance: The second group are workers who perform Class II and Class IQ operations very briefly and occasionally, and are exposed below the permissible exposure level (PEL). The standard provides medical surveillance for all workers below the PEL who engaged in Class II or M operations for 30 or more days per year. However, OSHA now clarifies that the 30-day requirement should be corrected to exclude days :n which less than one standard, OSHA decided not to sat an action level equal to half the new TWA. This decision was based on the difficulty of obtaining reliable and reproducible measurements of asbestos concentrations as low as 0.0S f/cc under jobsite conditions (see 59 FR at 40975). Instead at triggering medical surveillance by an action level of 0.05 Ucc, the asbestos standard required medical surveillance for ell workers who engaged in Class I, II. or 111 work for 30 days or more per year. Thus, for medical surveillance purposes, the standard uses the classification system as a surrogate for the action level. OSHA believed that using Class II and III work in particular to trigger medical surveillance would be approximately the equivalent of triggering medical surveillance by an action level of 0.05 f/cc, for while most Class II and Class ni jobs are not expected to exceed the 6-hour TWA of 0.1 f/cc, they involve the removal of substantial amounts of asbestos containing material and may approach or exceed levels of 0.05 f/cc. OSHA continues to believe that the classification system is a reasonable surrogate for an action level and that workers who perform Class and/or Gass m work for 30 or mora'days par year should generally receive medical surveillance under the standard. However, OSHA is correcting the standard to exclude from the 30-day count those days in which the worker engages in Gass 11 or IQ work for one hour or lest when such work is performed in accordance with the work practices required by the standard. hour is spent In Class n or in work When the standard's work practices are when work practices that fully comply followed during Gass II and Gass (Q with the standard's requirements are work, the rulemaking record shows that followed. As thus modified, the the TWA will usually not be exceeded standard more closely reflects OSHA's even if the work continues for all or policy of requiring medical surveiilanca most of an 8-hour work shift (see 59 FR for workers exposed at or above an at 41000-41008). Thus, in most cases, action level for 30 or more days per employers will choose not to monitor year. specific jobs because they have historic Tha 1986 asbestos standard required and/or objective data. medical surveillance for workers OSHA believes that where historic exposed above the action level (then 0.1 and/or objective date exempt an f/cc) for 30 or more days per year. employer from monitoring most OSHA standards for other toxic air exposures will be well below the TWA contaminants, including lead, cadmium, of 0.1 f/cc, and would also be below benzene, and ethylene oxide, similarly 0.05 f/cc. if the job takes less than one trigger medical surveillance by exposure hour and the proper work practices are at or above an action level of 30 or more used. Therefore, the classification days per year. When the court of system will be a more accurate surrogate appeals remanded the 1986 standard for for an action lavel if thosa days in OSHA to re-evaluate whether the 8-hour which employees perform Gass Q or time weighted average exposure limit Gass IQ work for ona hour or less while (then 0.2 f/cc; should be lowered, it also using proper work practices are instructed OSHA to reconsider making excluded from the number of days that a corresponding reduction in the action count toward the medical surveillance level. However, in lowering the 8-hour requirement OSHA believes that this time weighted average exposure limit adjustment better aligns the standard Federal Register / Vol. 60. No. 12S / Thursday. June 29. 1995 / Rules and Regulations 33983 with OSHA's policy of requiring oiedical surveillance of workers who are exposed to a level equal to or exceeding an action level of half the permissible 8hour time weighted average for 30 or more days per year. OSHA believes that the one-hour period is a reasonable cutoff between jobs of brief duration and those that cover a substantial part of the work shift In addition to more accurately reflecting OSHA's usual medical surveillance policy, this correction will avoid imposing unnecessary recordkeeping burdens on employers by enabling them to avoid recording, for medical surveillance purposes, each day an employee engages in Class II or 111 work even when that work may last only a few minutes. 9, Appendices General Industry Standard. Appendix F. Shipyard Employment Standard. Appendix L: Throughout the discussion of asbestos exposure during brake and clutch repair work in the preamble. OSHA stated that it would require training of technicians/ mechanics in the proper use of work practices to be used during these operations. However, language to that effect was inadvertently omitted from the appendices describing the mandatory work practices. This document corrects the text of the appendix in both 1910.1001 and 1915.1001 to include a requirement that technicians/mechanics be trained in the proper use of the preferred or equivalent work practices. Equivalency of Alternate Methods for Brake Work: OSHA is also correcting Appendix F of the General Industry and Appendix L of the Shipyards Employment standard to indicate that the fiber level required to demonstrate the equivalency of an alternate method of asbestos control in broke and clutch work is 0.016 f/cc. As originally drafted, the standard set the equivalency criterion at 0.004 f/cc. This was based on a NIOSH study (Ex. 1-112) showing that the preferred methods o asbestos control in brake and clutch work could attain exposure levels ranging ftom 0.004 to 0.016 Vac. OSHA has determined that the more appropriate value for an equivalent method to attain is the high end of the range of values found to be attainable in this study, or 0.016 f/cc. Setting the equivalency level at this value will assure that an equivalent method provides workers with effective protection against asbestos exposure without making the equivalency criterion so low as to discourage development of alternative methods of protecting brake and clutch workers. The standard lists two preferred methods of asbestos control during broke and clutch work: the Negative Pressure Enclosure/HEPA Vacuum System Method and the Low Pressure/Wet Cleaning Method. The appendices to the general industry and shipyard standards give detailed descriptions of these methods. When these methods are properly used by trained workers, employers are in full compliance with the standard. The standard also permits the use of equivalent methods that can be shown to comply with the equivalency criterion, as corrected by this document, of 0.016 f/cc. Like the preferred methods, an equivalent method must include a detailed description of the practices that must be followed when the method is used. Since equivalent methods are not set forth in the standard, on employer who uses such a method must have i written description of the method that contains sufficient detail that the method can be reproduced. When the method meets the equivalency criterion and the workers who use it are properly trained, then just as when a preferred method is used, the employer is in full compliance with the standard. The proposed standard described a method, referred to as the Spray Can/ Solvent System Method, that OSHA did not include as a preferred method in the final standard. However, OSHA has determined from the NIOSH study that the Spray Can/Solvent System Method, as described in the proposed standard, meets the corrected equivalency criterion of 0.016 f/cc. Accordingly, the Spray Can/Solvent Spray System Method qualifies as an equivalent method under the corrected equivalency criterion. When employers use the Spray Can/Solvant System Method, they must adhere to the work practices listed in the proposed standard for the method to qualify at an equivalent method. For convenience, those work practices ara reiterated hero. , (1) The spray can/solvent system shall be used to first wet the brake and clutch parts. Then, the brake and clutch parts shall be wipet^ clean with a doth. (2) The cldth shall be placed In an impermeable, properly labelled, container and then nroperly disposed of, or the cloth shall be laundered in a way that prevents tlio release of asbestos fibers in excess of 0.1 fibers per cubic centimeter of air. (3) Any spills of solvent or any asbestos-containing waste material shall be deaned up Immediately. (4) The use of dry brushing during solvent spray operations is prohibited. The foregoing is an adequate written description of the Spray Can Solvent System Method within the meaning of Appendix F to the general industry standard and Appendix L of the shipyard employment standard. The standard and this correction document are issued under the authority of sections 4.6(b). 6(c). and 8(g) of the Occupational Safety and Health Act of 1970 (29 U.S.C. 653.655. 657); Sec. X07, Contract Work Hours and Safety Standards Act (Construction Safety Act. 40 U.S.C 333): Sec. 41. Longshore and Harbor Workers' Compensation Act (33 U.S.C 941): and 29 CFR Part 1911. Correction ofPublication The following corrections are made in the final rule for Occupational Exposure to Asbestos published in the Federal Register on August 10,1994 (59 FR 40964). 1. On page 40964, in the first column, in the first paragraph entitled "Summary," line 23 is corrected by removing the words "high hazard". 2. On page 40972, line li of the first column, the word "informing" is . corrected to read "inform". 3. On page 40972, in the first column, in the second full paragraph, line 14. the words "after 1979" are corrected to read "no later than i960". 4. On page 40975, In the first column. In the last paragraph, line 10 is corrected by adding the words "perform housekeeping" after the word "who". 5. On page 40977. line 17 of the second column, the words "Class 11" are corrected to read "Class 11T*. 6. On page 40977, in the second'to third column, in the paragraph under the heading entitled "Distumance." lines 4 through 7 are corrected to reed "definition, disturbance means activities that disrupt the matrix of ACM or PACM. crumble or pulverize ACM or PACM, or generate visible debris Grom ACM or PACM. It also includes". 7. On page 40976, in the first column, the paragraph under the heading entitled "Presumed Asbestos-Containing Material (PACMT' is corrected to read: * In all three standards, "presumed asbestos containing material." "PACM" means thermal system insulation and sprayed on and/or troweled on. or otherwise applied surfacing material in buildings constructed no later than 1980. In many places in the Preamble, OSHA refers to "high risk" ACM and PACM. These terms are not used in the regulatory text The term "high risk" refers to the possibility or potential far injury and does not mean injury will necessarily occur. OSHA uses these 33984 Federal Register / Vol. 60. No. 125 / Thursday. June 29, 1995 / Rules and Regulations terms in the Preamble in a relative sense to describe its Findings that TSl and surfacing material are more prevalent and can be more friable than many other asbestos-containing materials in buildings. As discussed elsewhere in the Preamble. OSHA finds that the OSHA-required provisions involving all types of ACM should result in low exposure levels that would protect employees from significant risk. Although these materials may have been installed in small quantities after 1980. OSHA finds that their installation is unlikely after that date. 8. On page 40986, in the first column, in the first paragraph, line 21. the word "a'* is corrected to read "an". 9. On page 40986. line 5 of the third column is corrected by removing the word "listing". 10. On page 40987. in the third column, under the heading entitled "Floor Maintenance," in the first paragraph, line 17. the word "speed" is corrected to read "speeds". 11. On page 40988, in the second column, in the second full paragraph, line IS. the word "Method" is corrected to read "Methods". 12. On page 40988, in the third column, in the third full paragraph, line 4 is corrected by removing the comma after the word "prior". 13. On page 40988, in the third column, in the third lull paragraph, line 11. the word "if is corrected to read "is". 14. On page 40988, in the third column, in the last paragraph, line 4 is ' corrected by adding the word "the" after the word "of. 15. On page 40989, in the second column, under the beading entitled " Other Basic Controls." in the first paragraph, line 13, the number "(2)" Is corrected to read "131". 16. On page 40990, in the first column, in the second full paragraph, the last line, the words "see (gX4KF)" are corrected to read"see paragraph (gl(4)(vi)". 17. On page 40990, in the second column, in the third full paragraph, line 7. the wards "paragraph 8" are corrected to read "paragraph (b)". 18. On page 40991. line 12 of the first column is cohected to read "asbestos panel: 9 square feet; pipe". 19. On page 41000. in the first column, in the first full paragraph, the last line is corrected by removing the words "In a". 20. On page 41000, in the third column, in the first paragraph, line S. the words "paragraph (g](U)(a)" are corrected to read "paragraph (g)(8)(i)". 21. On page 41004. in the second custodial staff as set forth at 40 CFR column, under the heading entitled 763.92(a)(2).". "Roofing Operations," in the first 36. On page 41023. in the second paragraph, line 19 is corrected by column, in the first full paragraph. lin adding the word "the" after the word 11 is corrected by adding the word "to". "school" after the word "asbestos- 22. On page 41009, in the second containing". column, in the last paragraph, line 3. the 37. On page 41023. in the third number "(91" is corrected to read "(10)". column, in the second paragraph, lines 23. On page 41009. in the second 8 through 11 ate corrected to read column, in the last paragraph, lina 18. "trained in a course consistent with tha word "contained" is corrected to EPA requirements for training of local read "containing". education agency maintenance and 24. On pcge 41009, in the second custodial staff as set forth at 40 CFR column, in the last paragraph, line 20. 763.92(a)(2). If clean-up work is done the words "Paragraph (g)(9)" are within".. corrected tc read "Paragraph (gj(10)". 38. On page 41044, in Table 7, in the 25. On page 41009. in the third last column entitled "Total annual column, in the first paragraph, lina t. incremental control costs." the figure the words "paragraph (gf are corrected "24,787.345" is corrected to read to read "paragraph (g)(l0)(i)". "14.787.345". 26. On page 41009, in the third column, in the first paragraph, lina 11, the words "(gKgKiv)" are corrected to read "(g)(lO)(i)". 27. On page 41010, in the first column, in the third full paragraph. Una 3, the wards "enginoeromg cpmtrp" are 11910.1001 [Corrected) 39. On page 41057, in the third column, in $ 1910.1001, paragraph (a)(2). Une S, the number "1926.58" la corrected to reed "1926.1101". 40. On page 41057, in the third corrected to read "engineering column, in $ 1910.1001, paragraph controla". 28. On page 41014, in the third column, in the last paragraph, lina 16, the words "before 1980" are corrected to read "no later than 1980". 29. On page 4101S, in the first column, in tho third full paragraph, lina (a)(3), line 7, the number "1915.191" Is corrected to read "1915.1001". 41. On page 410S8, in the first column, in 1910.1001, paragraph (b), a definition of "Certified industrial hygienist* Is added before the definition of "Director'" to read: 1 is corrected by removing the word "the". (b)* * 30. On page 41018. in the first Certified industrial hygienist (C1H) column, in the last paragraph, lines 8, means one certified in the practice of 9,10. and 15, the words "high hszartf industrial hygiene by the American are corrected to read "high risk". 31. On page 41018. in the second B oardof Ind ustrial Hyg iene. column, in the last paragraph, line 8 is 42. On page 41058, in the first corrected by removing the word "a". column, in $ 1910.1001, paragraph (b). a 32. On page 4101.6, Una 28 of tha third definition of "Homogeneous area" is column, the words "high hazard" era added before the definition of corrected to retd "potentially high "Industrial hygienist* to read: risk". 33. On page 41017, in tha first column, in tho first full paragraph, Una 18, the words "before 1980" era corrected to read "no later than 1980". 34. On page 41017, in the second column, beginning in line 6. the (b)* * * Homogeneous area means an area of surfacing material or thermal system insulation that is uniform in color and texture. sentence "Neither EFA's revised MAP nor OSHA requires specific training or tccreditatloa of persons who only visually inspect the condition of AQA/ PACM." is removed. 35. On page 41020, in the first 43. On page 41058. in the first column, in $ 1910.1001, paragraph (b), the definition of "PACM" is corrected to read: * column, under the heading entitled "Training Requirementsfor Employees Performing Class HI and IV Work." in (!>) PACMmeans "presumed asbestos containing material." the first paragraph, lines 25 through 28 are corrected to read "consistent with 44. On page 41058, in the first EPA requirements for training of tocal column, in $ 1910.1001. paragraph (b). education agency maintenance and definition of "Presumed asbestos Federal Register / Vol. 60. So. 125 > T lursday. ,'une 29. 1995 / Rules and Regu.at.ans 33985 containing material" is added before the definition of "Regulated area" to read: ***** J (bj* * * Presumed asbestos containing material means thermal system insulation and surfacing material found in buildings constructed no later than 1980. The designation of a material as "PACM" may be rebutted pursuant to paragraph (j)(8) of this section. 45--t8. On page 41058. in the first column, in $ 1910.1001, paragraph (b), the following definitions are added in alphabetical order after the definition of "Regulated area" to read: * (b)* * * Surfacing ACM means surfacing material which contains more than 1% asbestos. Surfacing material means material that is sprayed, troweled-on or otherwise applied to surfaces (such as acoustical plaster on ceilings and fireproofing materials on structural members, or other materials on surfaces for acoustical, fireproofing, and other purposes). Thermal System Insulation (TSlI means ACM applied to pipes, fittings, boilers, breeching, tanks, ducts or other structural components to prevent heat toss or gain. Thermal System Insulation ACM means thermal system insulation which contains more than 1% asbestos. * 49. On page 41058, in the first column, in $ 1910.1001. paragraph (c)(1), line 4 is corrected by adding the word "in" after the word "asbestos". 50. On page 41058. in the first column, in 1910.1001, paragraph (c)(1). line 8. the word "of* is corrected to read "tS'\ 51. On page 41058. in the first column, in $ 1910.1001, paragraph (c)(2). line 7 is corrected by adding the words "as determined by the method prescribed in Appendix A to this section, or by an equivalent method" after the word "minutes". 52. On page 41058. in S 1910.1001. paragraph (d)(5). line 3 ofthe third column, the words "action level" are corrected to read "PEL". 53. On page 41059, in the second column, in $ 1910.1001, paragraph (f)(l)(viii) is corrected by removing the word "of` on the last line of the paragraph. 54. On page 41059, in the third column, in $ 1910.1001, paragraph (f)(3)(i). line 24. the words "Appendix F of' are corrected to read "Appendix F to". 55. On page 41063, in the third column above Table 1, in 1910.1001, paragraph (g)(2)iii) Introductory text, line 2 is correcte d by adding the words "tight-fittir.g" before the word "powered". 56. On'page 41063. in 1910.1001, paragraph (g)(2) in Table 1. under the heading "Airborne concentration of asbestos or conditions of use." lines 1 through 3 are corrected to read "Not in excess of 1 f/cc (10 X PEL)." 57. On page 41060. in the first column below Table 1, i:t 1910.1001, paragraph (g)(3)!iii). line 2 is corrected by removing the comma after the word "shall". 56-59. On pa^e 41060. in the first column below Table 1. in $ 1910.1001. paragraph (g)(3)(iv). line 10. the word "employee" is corrected to read "employees". 60. On page 41060, in the second column below Table l, in $ 1910.1001, paragraph (g](4)lii). line 11, the word "of is corrected to read "to". 61. On page 41060, in the second column below Table 1, in $ 1910.1001, paragraph (g)(4)(ii). the last line, the number "(ii)" is corrected to reed "(i)". 62. On page 41060. in the third column below Table 1, in $ 1910.1001, paragraph (h)(2)(iv). the last line, the number "(2)" is corrected to read "(4)". 63. On page 41061, in the first column, in $ 1910.1001. paragraph (>)(2)(i). line 4 is corrected by adding a comma after the word "limit". 64. On page 41061. in the second column, in 1910.1001. paragraph (j) introductory text, line 30 is corrected by removing a closed parenthesis after the number "1926.53". 65. On page 41061, in the second column, in $ 1910.1001, paragraph (i)(l). line S is corrected by adding the words "in buildings constructed no later than 1980" after the word "ACM". 66. On page 41061. in the second column, in 1910.1001. paragraph (j)(l), line 8, the word "(D)" is corrected to read "(b)". 67. On page 41061. in the second column, in $ 1910.1001, paragraph (j)(l). line 9. the word "standard" is corrected to toad "section". 68. On page 41061. in $ 1910.1001, paragraph (j)(l). line 1 of the third column, the words "paragraph (j)(6)" are corrected to read "paragraph (j)(8)(iii)". 69. On page 41061. in the third column, in 1910.1001, paragraph (j)(2)(i) is corrected to read: (1) * * * (2) * * * (i) Building and facility owners shall determine the presence. location, and quantity of ACM and/or PACM at the work site. Employers and building and facility owners shall exercise due diligence in complying with these requirements to inform employers and employees about the presence and location of ACM and P ACM*. 70. On page 41061. in the third column, in 1910.1001. paragraph (j)(2)(iii) is corrected to read: (1) * * * (2)* * * (iii) Building and facility owners shall inform employers of employees, and employers shall inform employees who will perform housekeeping activities in areas which contain ACM and/or PACM of the presence and location of ACM and/or PACM in such areas which may be contacte*d during such activities. 71. On page 41061, in the third column, in $ 1910.1001, paragraph (j)(3)(ii) is corrected to read: * * (i) * * * (3)* * * (ii) Sign specifications. (A) The' warning signs required by paragraph (j)(3) of this section shall bear the. following information: DANGER ASBESTOS CANCER AND LUNG DISEASE HAZARD AUTHORIZED PERSONNEL ONLY (B) In addition, where the use of respirators and protective clothing is required in the regulated area under this section, the warning signs shall include the following: RESPIRATORS AND PROTECTIVE CLOTHING ARE REQUIRED IN THIS AREA 72. On page 41061. in the third column, in $ 1910.1001. paragraph (j](3)(iv). tine 5, the number "(1)" is corrected to read "(3)". 73. On page 41061. in the third column, in 1910.1001. a new paragraph (j)(3](v) is added to read: * (j) * * * (3)* * * (v) At the entrance to mechanical rooms/areas in which employees reasonably can be expected to enter and which contain ACM and/or PACM. the building owner shall post signs which identify the material which is present. 33986 Federal Register / Vol. 60, No. 125 / Thursday, June 29. 1995 / Rules and Regulations its location, and appropriate work practices which, if followed, will ensure that ACM and/or PACM will not be disturbed. * 74. On pagers 1061, in the third ` column, in 1910.1001. paragraph 84. On page 41062, in the third column, in 1910.1001. paragraph lj)(8)(ii)(B). line 17. the word "of" is corrected to read "or". 85. On page 41062, in the third column, in j 1910.1001, paragraph (j) (8)(ii)(B). line 19, the word "of' is (m)(5)(iii). Una 3. the number "(2)" is corrected to read "(3)". 98. On page 41064, in the third column, in $ 1910.1001. paragraph tp)(2), line 1 is corrected by removing the letter "F.". (i)(4](il, line 5 is corrected by adding corrected to reed "or". Appendix Btog t910.t00l [Corrected] three sentences after the word '`containers." to read: **00 (i) When a building owner or employer identifies previously installed ACM and/or PACM, labels or signs shall be affixed or posted so that employees will be notified of what materials contain ACM and/or PACM. The employer shall attach such labels in areas where they will clearly be noticed by employees who are likely to be exposed, such as at the entrance to mechanical room/areas. Signs required 86. On page 41062, in the third column, in i 1910.1001, paragraph (i)(8)(iii). the last line, the words "asbestos fr'>e" are corrected to read "not ACM". 87. On page 41062. in the third column, in $ 1910.1001, paragraph (kill), lines 3 and 4 are corrected to read "practicable of ACM waste and debris and accompanying dust.". 88. On page 41062. in the third column, in $ 1910.1001, paragraph (k) (4l, line-3 is corrected by adding the words "asbestos containing waste and debris" after the word "vacuuming". 89. On page 41063, in the first column 99. On page 41065. in the first and second columns, in 1910.1001. in Appendix B, the table is corrected so that the word "Air" is removed from between the double lines both placas it appears and added following the word "Matrix". 100. On page 41065, in the second column, in $ 1910.1001. in Appendix B, under the heading enUtied " 1. introduction," in the definition of "Asbestos," the chemical formula for CroddoUte is corrected to read "NajFej* * F<n> *Si,0M(0H|J". 101. On page 41065, in the third by paragraph (j}(3) of this section may above Table 2. in $ 1910.1001, column, in $ I910.l00t, in Appendix B. be posted in lieu of labels so long as paragraph (k)(71(:i), tine 3/ the word in the definition of "Waiton-Beckett they contain information required for labelling. "speed" is corrected to read "speeds". Graticule;" line 4. the "I" sign is 90. On paga 41083, in the first column corrected to read " above Table 2. i.i $ 1910.1001. 102. On page 41065, in the third 75. On page 41062, in the first paragraph (ki(7)(iv) is correctly column, in $ 1910.1001, in Appendix B, column, in 1910.1001, paragraph (j](5). designated as paragraph (k)(8), and is in the definition of " Waiton-Beckett line 9. the number "(4)'* is corrected to corrected to read: Graticule " line 11, the number"2" Is read "(6)''. corrected to read "1". 76. On page 41062. in the first 103. On page 41065. in the third column, in $ 1910.1001, paragraph (})(6), line 2. the number "(2)" is corrected to read "(4)". 77. On page 41062. in the second column, in $ 1910.1001, paragraph (j)(7)(iv), line 3. the words "a facility" are corrected to read "an area". 78. On page 41062, in the second column, in $ 1910.1001, paragraph (j)(7)(iv). lines 14 and 15. the words "are or will" are corrected to read "perform housekeeping". 79. On page 41062, in $ 1910.1001. paragraph (j](8)(i). line ll of the third column, the word "(n)" is corrected to read "[m)". 80. On page 41062. in the third column, in $ 1910.1001,`paragraph (j](8)(ii)(A). line 4. the word "asbestos" (S) Waste and debris and accompanying dust in an area containing accessible ACM and/or PACM or visibly deteriorated ACM. shall not be dusted or swept dry, or v*acuumed w ithout using a HEPA filter. 91. On page 41063, in the first column above Table 2. in $ 1910.1001. paragraph (1) entitled "Medical surveillance" is correctly designated as paragraph (1) entitled "Medical surveillance". 92. On page 41063, in $ 1910.1001, paragraph (l)(2Kii). line 6 in the third column is corrected by adding the words "to this section" after the words "Appendix D". column, in $ 1910.1001. in Appendix B. in the paragraph under the heading entitled "1.2 Principle," line 6 is corrected by removing the word "a". 104. On page 41066, in the second column, in $ 1910.1001. in Appendix B, under the heading entitled "4. Interferences" in the second paragraph, the list of common fibers is corrected to read: 4. interferences 0*0*0 fiberglass anhydrite plant fibers perlite veins gypsum. . is corrected to read "ACM". 93. On page 41063, in $ 1910.1001. lame synthetic fibers - 81. On page 41062. in the third paragraph (l}(3)(ii). in Table 2, in the membrane structuiee column, in $1910.1001, paragraph (i)(8)(ii)(A). line 5 is corrected by adding the word "or" after the word "material:". 82. On page 41062, in the third second column beading under the heading of "Age of employee" the number "io" is corrected to read "45". 94. On page 41363. in the third column below Table 2. in $ 1910.1001, ipange ipicuiee dietoms microorganisms wollsitonite * * column, in 1910.1001, paragraph paragraph (l)(7)(i,(B), line 4 is corrected 105. On page 41066, in the second (i) (8}(it)(B), line 3. the word "asbestos" by removing the word "and". column, in $ 1910.1001. in Appendix B. is corrected to read "ACM". 95. On page 41063, in the third under the heading entitled "5.1.1 83. On page 41062, in the third column below Table 2, in $ 1910.1001, Sempling assembly." in the first column, in 1910.1001. paragraph paragraph (l](7)(i)(C), Una 6 is corrected paragraph, line 8. the number "0.8*" is (j] (8)(ii)(8). lines 5 through 7 are by removing the period and by adding corrected to read "0.4". corrected to read "analysis of bulk **: and" after the word "treatment". 106. On page 41066, in the second samples collected in the manner 96-97. On page 41064, in the second column, in $ 1910.1001, in Appendix B, described in 40 CFR 763.86. The". column, in $ 1910.1001. paragraph under the heading entitled "5.1.1 Federal Register / Vol. 60. N'o. 125 / T.iuriday. June 29. 1995 / Rules and Regulations 33987 Sampling assembly," a new note (e) is .added to read: S.t.l ' * * Soles: * * * (e) Other cassettes, such as the Bell-mouth, may be used within the limits of their validation. * * 107. On page 41066, in 1910.1001. in Appendix B, under the.heading entitled "5.1.3 Sampling pump." lines 3 and 4 of the third column, the words "2.5 liters per minute [L/min)" are corrected to read "the collection rate". 108. On page 41066; in the third column, in 1910.1001, in Appendix B, in the paragraph entitled "5.2.1," line 2 is corrected by removing the words "(see Figure 3)". 109. On page 41066. in the third column, in 1910.1001. in Appendix B. under the heading entitled "5.2.5." lines 8 and 9 of the "Note" are corrected to read "pressure changes, correct the flow rate using the formula shown in the section "Sampling Pump Flow Rate Corrections" at the end of this appendix.". 110. On page 41067, in the first column, in $ 1910.1001. in Appendix B. the paragraph entitled "5.2.11" is corrected to read: * s. * * S.2 * * * 5.2.11 Attach and secure a sample seal around each sample cassette in such a way as to assure that the end cap and basa plugs cannot be removed without destroying the seal. Tapa tha ends of the seat together since the seel is not long enough to be wrapped end-to-end. Also wrap tape around tha cassatte at each joint to keep tha saai secure. 111. On page 41067. in the first column, in $ 1910.1001. in Appendix B, in the paragraph entitled "5.3.2," the last line, the words "without rattling" are corrected to read "in such a manner that they will not rattle". 112. On page 41067. In the second column, in 1910.1001. in Appendix B, under the heading entitled "8.5 Sample Mounting." the paragraph following tha Note is corrected by removing tha sentence. "A drawing is shown in Figure 4.". 113. On page 41068. in tha first column, in 1910.1001. in Appendix B. under the heading entitled "6.6.2 Counting Fibers." paragraph (9). the last line, the number "2" is collected to read "1". 114. On page 41068. in the third column, in $ 1910.1001. in Appendix B. under the heading entitled "7.3. Recount Calculations." the formula in the third paragraph is corrected to read: e a 7.3 Recount Cilculat.ons |^AC7-Vac7|>2.78 * AVG ) X the words "the standard" are corrected to read "this section". 124. On page 41071. in the first column, in $ 1910.1001. in Appendix F. under the heading entitled "(Dl Wet Method." paragraph (3). line 4, the words "the standard" are corrected to read "this section". 115. On page 41069. in the second Appendix G to $ 1910.1001 column, in 1910.1301. in Appendix 8, [Corrected] under the heading entitled "Quality Control." in the firs: paragraph, lines 6 and 7 are corrected by removing the- words "for the CV curve shown below". 116. On page 41069. in the third column, in 1910.1901, in Appendix B. under the heading entitled "Walton- 125. On page 41071. in the second column, in 1910.1001, in Appendix C, paragraph UI.B., line 3. the word "to" is corrected to read "the". Appendix J to 1910.1001 [Corrected] Beckett Graticule," paragraph (7), lino 126. On page 41071. in the second 12 is corrected to read "Field Area * column, in 1910.1001. in Appendix). x(D/2)J". line 3 of the title is corrected by Appendix F to 1910.1001 [Corrected] 117. On page 41070, in the first column, in 1910.1001. in Appendix F, in the introductory paragraph, line 7 is corrected by addrng the words "by trained employees" after the word "practices". 118. On page 41070, in the third column, in 1910.1001. in Appendix F. removing a closed parenthesis after the word "Non-Mandatory". 127. On page 41073. in the second column, in $ 1910.1001, in Appendix J, under the heading entitled "1.8 Toxicology," the last line in the paragraph is corrected by adding the words "and 29 CFR 1915.1001" aftar the number "1928.1101". 128. On page 41073. in the thirdcolumn. in $ 1910.1001, in Appendix J. under the heading entitled "(Al Negative Pressure Enclosure/HEPA under the heading entitled "2.4 Shipment." paragraph (a), line 2 is' Vacuum System Method" paragraph corrected by removing the words "(such (6) , line S. the words "paragraph as the OSHA 21)". (j)(2)(ii)'' are corrected to read 129. On page 41078. In the first "paragraph (j)(4)'\ column, in 1910.1001. in Appendix J. 119. On paga 41070, in the third the heading entitled "Auxiliary column, in 1910.1001. in Appendix F. Information" is correctly designated as under the heading entitled "(AJ "4. Auxiliary Information". Negative Pressure Enclosure/HEPA 130. On page 41078. in tha second Vacuum System Method." paragraph column, in $ 1910.1001. in AppendixJ, (7) . line 5. the word "the" is corrected the paragraph under the heading to read "this". entitled "4.3 Polarized Light 120. On page 41071. in the first Technique." beginning on line 10. is column, in S 1910.1001. in Appendix F, corrected by removing the sentence. "A under the heading entitled "IBl Low compensator is a piece of mineral with Pressure/Wet Cleaning Method," known properties that "compensates" paragraph (6), line 5. the words for some deficiency in the optical "paragraph (jj(2)(ii)" are corrected to train.". read "paragraph (j)(4)". 121. On page 41071, in the first {1915.1001 [CorTactad] column, in $ 1910.1001. in Appendix F, 131. On page 41080, in the first under the heading entitled "(Cl column, in $ 1915.1001. the Authority Equivalent Methods.'' line 12. the citation, line 7. the word "(41FR number "0.004" is corrected to reed 35736)" is corrected to read "(41 FR "0.016". 122. On'page 41071. in the first 25059), 9-83 (48 FR 35736),'*. 132. On page 41080, in the second column, in i9ic.icoi, in Appendix F, column, in $ 1915.1001. paragraph (b). under the heading entitled "IDJ Wet the definition of"Building/facility Method." paragraph (2). line 3, the words "paragraph (j;(2)(ii} of the o wner'' is c*orrected to read: standard" are corrected to read (b) * * * "paragraph (j)(4) of this section". Building/facility/vessel owner is the 123. On paga 41071, in the first legal entity, including a lessee, which column, in 1910.1C01. in Appendix F, exercises control over management and under the heading entitled "[DJ Wet record keeping functions relating to a Method." paragraph (2), lines 4 and 5, building, facility, and/or vessel in  33988 Federal Register / Vol. 60. No. t25 / Thursday, June 29. 1995 / Rules and Regulations which activities covered by this standard take place. 133. On page 41080. in the second column, in 1915.1001, paragraph fb). the definition of "Certified Industrial Hygienist." line 3 is corrected by removing the word "comprehensive". 134. On page 41080, in the third column, in 1915.1001, paragraph (b). the definition of "Class IV asbestos work' is corrected to read: (b)* * Class IV asbestos work means maintenance and custodial activities during which employees contact but do not disturb ACM or PACM and activities to clean up dust, waste and debris resulting Grom Class I. II. and ID activities. * 135. On page 41080, in the third column, in $ 1915.1001. paragraph (b). the definition of "Disturbance," the first sentence is corrected to read: ** CbJ* * ' Disturbance means activities that disrupt the matrix of ACM or PACM, crumble or pulverize ACM or PACM. or generate visible debris from ACM or PACM.* * * * 138. On page 41081. in the first column, in $ 1915.1001. paragraph (b), the definition of "Glovebag," line 1. the word "an" is corrected to read "not more than a 60 x 60 inch". 137. On page 41081, in the first column, in S 1915.1001, paragraph (b). the definition oC"tntact." line 3. the word "it" is corrected to read "the asbestos". 138. On page 41081, in the first column, in 1915.1001, paragraph (b). the definition of"Modification." line 2. the words "paragraph (g](6)(2)" are corrected to read "paragraph (g](6)(ii) of this section". 139. On page-41081, in the first column, in $ 1915.1001, paragraph (b). the definition of"Modification" Una 12. is corrected by removing the number "(ii)". 140. On page 41081, in the first column, in 1915.1001, paragraph (b), the definition of"Negative Initial Exposure Assessment," line 4, the words "paragraph (fl(iii)" are corrected to read "paragraph (f)(2)(iii)". 141. On page 41081, in the first column, in $ 1915.1001. paragraph (b). the definition of "Presumed Asbestos Containing Material," line 7, the number "(4)" is corrected to read "(5)". 142. On page 41081, in tha first column, in $ 1915.1001, paragraph (b). the definition of " Qualified person" is corrected to read: *a* (b) * * * Qualified person means, in"addition to the definition ir. 29 CFR 1926.32(0. one who is capable of identifying existing asbestos hazards in the workplace and selecting the appropriate control strategy for asbestos exposure, who has the authority to take prompt corrective measures to eliminate them, as specified in 29 CFR 1926.32(0; in addition, for Class I and Class ii work who is specially trained in a training course which meets the criteria of EPA's Model Accreditation Plan (40 CFR part 763) for supervisor, or its equivalent, and for Class 111 and Class IV work, who is trained" in a manner consistent with EPA requirements for training of local education agency maintenance and custodial staff as set forth at 40 CFR 763.92(a)(2). 143. On page 41081. in the second column, in $ 1915.1001. paragraph (b), the definition of "Hegulated area," line 12 is corrected by .-amoving the number "(6)". 144. On page 41381, in the second column, in $ 1915.1001, paragraph (c) (1). line 8, the word "of* is corrected to read "to". 145. On page 41081. in S 1915.1001, paragraph (c)(2). Une 5 of the third column, tha werd "of* is corrected to read "to". 148. On page 41081, in the third column, in $ 1915.1001, paragraph (d) (3), Una 13 is corrected by removing the number "(lj". 147. On page 41082, in the first column, in 5 1915.1001. paragraph (e) (2), Une 6 is corrected by removing the words "concentrations of'. 148. On page 41082, in the first column, in S 1915.1001, paragraph (e)(2), line 12. the number "(6)" is corrected to read "(7)". 149. On page 41082, in the first column, in $1915.1001. paragraph (e) (4). Une 3, the number "(2)" is corrected to read "(1)". 150. On page 41082, in the first column, in $ 1915.1001, paragraph (f) (lHD. Unq 2, the word "of* is corrected to read "or". 151-154. On page 41082, in tha second column, in $ 1915.1001, paragraph (l)(2)(ii) is corrected to read: t8 8 8 (0* (2) * * (ii) Basis of Initial Exposure Assessment: Unless a negative exposure assessment has been made pursuant to paragraph (f)(2)(iii) of this section, the initial exposure assessment shall, if feasible, be based on monitoring conducted pursuant to paragraph (f)(l)(iii) of this section. The assessment shall take into consideration both the monitoring results and aU observations, information or calculations which indicate employee exposure to asbestos, including any previous monitoring conducted in the workplace, or of the operations of the employer which indicate the levels of airborne asbestos likely to be encountered on the job. For Class l asbestos work, until the employer conducts exposure monitoring and documents that employees on that job will not be exposed in excess of the PELs, or otherwise makes a negative exposure assessment pursuant to paragraph (f)(2)(iU) of this section, the employer shall presume that employees are exposed in excess of the TWA and excursion limit (iii) * * * * 155. On page 41082. in the third column, in $ 1915.1001, paragraph (0(31(iii), line 4 is corrected to read, "operated in the pressure demand mode, or other positive pressure diode respirator,". 156. On page 41082, in the third column, in $ 1915.1001, paragraph (0(4), line 1 is corrected to read. "(4) Termination ofmonitoring, (i) If*. 157. On page 41083, in $ 1915.1001. paragraph (Q(4)(i), line 3 of the first column, the word "measurement" is corrected to read "measurements". 158. On page 41083, in tha first column, in $ 1915.1001, paragraph (0(5) is redesignated as paragraph (0(6) and a new paragraph (0(5) is added to read: (0 * * * (5) Employee notification of monitoring results, (i) The employer shall notify affected employees of the monitoring results that represent that employee's exposure as soon as possible following receipt of monitoring results. (ii) The employer shall notify affected employees of tha results of monitoring representing tha employee's exposure In writing either individually or by posting at a centrally located placa that is accessible to affected employees. 159. On page 41083, in tha first column, in $ 1915.1001, paragraph (g)(l)(l) is corrected to read: 888 (g)* (1J* * * (i) Vacuum cleaners equipped with HEPA filters to collect all debris and dust containing ACM and PACM, except Federal Register / Vol. 60. No. 125 / Thursday. June 29. 1995 / Rules and Regulations 33989 as provided in paragraph (g](8)(ii) of this 168. On page 41084, in the first 179. On page 41084. in the third section in the case of roofing material: t II 160. On page 41063. in the first column, in 1915.1001. paragraph (g)(5)(ii)(A)(2) is corrected to read: column, newly designated paragraph (g)(S)(vi)(8)(l) is corrected to read: *e e t column, in 1915.1001. paragraph (g)(l)(ii). lines 9 and 10, the words "slipping hazards;'' are corrected to read "except as provided in paragraph (g)(B)(ii) of this section;'*. 161. On page 41083. in the first column, in 191S.1001, paragraph (g}(l)(ii>). line 3 is corrected by adding the words "except in roofing operations, (g)* * * (SI* * * (ii)' ' * (A)* * * (2) Glovebag* used on elbows and other connections must be designed for that purpose and used without modifications. * (g)* ' * (5)* * * (vi) * * (BJ* (1) Before use. the mini-enclosure shall be inspected for leaks and smoketested to detect breaches, and any breaches sealed. where the procedures specified in paragraph (g)(8)(ii) of this section apply" after the word "containers'*. 162. On page 41083, in the third column, in 1915.1001, paragraph (g)(4)(ii)(A) is corrected to read: m m (g)* * * (4)* * ' (it)* * * (A) Critical barriers shall be placed over all the openings to the regulated area, except where activities are performed outdoors: or * 163. On page 41083, in the third column, in 1915.1001. paragraph (g)(4)(ii}(B). line 13 is corrected by adding the words "Phase Contrast Microscopy" before the word "(PCM)". 164. On page 41083, in the third column, in S 1915.1001. paragraph 169. On page 41084, in the first column, in 1915.1001, paragraph (g)(S)(ii)(B)(4), line 3. the number "150*" is corrected to read "150*F". 170. On page 41084, in tha first column, in 1915.1001, paragraph (g)(S)(ii)(B)(9). line 2. tha word "removals" is corrected to read "removal operations". 171. On page 41084, in the second column, in $ 1915.1001, paragraph (g)(S)(iii) introductory text,line 3, the word "shall" is corrected to read "may". 172. On page 41984, in the second column, in 1915.1001. paragraph (g)(5)(iii)(A). line 2. the word "bags" is corrected to read "bag". 180. On page 41084, in the third column, in $ 1915.1001, newly designated paragraph (g)(5)(vi)(B)(3). line 1 is corrected by adding a comma after the word "use'" 181-182. On page 41084. in the third column, in $ 1915.1001, newly designated paragraph (g](SJ(vi)(BK3). line 4, the word "minienclosure" is corrected to read "mini-enclosure". 183. On page 41085, in the first column, in S 1915.1001, paragraph (g)(6)(ii) introductory text, line 20. the words "(gH4)(i)(B)(2)" are corrected to read "(g)(4)(U)(B)". 184. On page 41085, in the first column, in $ 1915.1001. paragraph (g)(6)(iii], line 0 is corrected by adding 173. On page 41084, in the second the words "of this section" after the column, in 1915.1001, paragraph words "paragraph (g](6)`*. (g)(5)(iii)(B)(l). lino 3. the number "(2)" - 185. On page 41085. in the first is corrected to read "(4)'*. column, in $ 1915.1001. paragraph, 174. On page 41084, in the second (g)(6)(iii). line 10, the word "Supportm" (gX4)(ii)(B) is corrected by adding the following sentence to the end of the paragraph, "Exception: For work column, in 1915.1001, paragraph (g)(S)(til)(B)(2). line 4 is corrected by adding the.words "until it is completed is corrected to read "Support". 188. On page 41085. in the first column, in S 1915.1001. paragraph . completed outdoors where employees at which time the bag shall be collapsed (g)(6)(iii) is corrected by adding a are not working in areas adjacent to the prior to removal of the bag from the sentence to the end of the paragraph to regulated areas, this paragraph (g)(4)(ii) pipe" after tha word "operation". read, "The submission shall not is satisfied when the specific control 175. On pago 41084, in the second constitute approval by OSHA." methods in paragraph (g)(5) of this column, in $ 1915.1001, paragraph 187. On page 41085, in the first 'section are used.". (g)(5)(iv) introductory text, line 3, the column, in 1915.1001. paragraph 165. On page 41083. in the third word "shall" is corrected to read "may". (g)(7)(i), line 1 is corrected by removing column, in 1915.1001. paragraph 176. On page 41084, in the second the comma after the word "work". (g)(5)(i) introductory text, line 2. the column, in $ 1915.1001, paragraph word "shall" is corrected to read "may". (gK5](iv)(A)(2). line 2 is corrected by 188. On page 41085, in the first column, in 1915.1001, paragraph 166. On page 41084. in tha first column, in $ 1915,1001, paragraph (g)(5)(i)(BHl), line 3 iscorrecUMiby adding the word "be" after the word shall". 167. On page 41084. in the first column, in 1915.1001, paragraph (g)(S)(ii) introductory text is corrected to read: (g)* ' * (5) * * * (ii) Glove bag systems may be used to remove PACM and/or ACM from adding the word "the" after the word "in". 177. On page 41084. in the second column, in 1915.1001. paragraph (g)(S)(lv)(B)(2) is corrected to read: m m (g) *: n (5)* * * (iv) * * (B) * * * (2) The box shall be smoke-tested for leaks and any leaks sealed prior to each use. (g)(7)(ii) introductory text, line 4. the number "(4)" is corrected to read "(2)**. 189. On page 41085, in the first column, iti 1915.1001. paragraph (g)(7)(ii) introductory-text, line 5 is corrected by adding a comma after the word "Job". 190. On page 41085, in the second column, in 1915.1001. paragraph (g)(7)(U)(B). line 8. the words "(g)(4)(i)(B)(2)" are corrected to read "(g)(4)(ii)(B)". 191. On page 41085, in the second column, in 1915.1001. paragraph (g)(7)(iv), line 4. the words "(g](3](i) straight runs of piping and elbows and other connections with the following specifications and work practices: - 178. On page 41084. in tha third column, in 1915.1001. paragraph (g)(S)(vi)(C) is correctly designated as through (v)" are corrected to read- "(gKl)(i) through (g)(l)(iii)". 192. On page 41085. in the second paragraph (g)(5)(v:)(B). column, in 1915.1001, paragraph 33990 Federal Register / Vol. 60. No. 125 / Thursday. June 29. 1995 / Rules and Regulations (g)(3)(i) introductory text, line It. the number "(81" is corrected to read "(9)". 193. On page 41085. in the second column, in 1915.1001, paragraph (g)(8](i)(F), line 4. the number "(iv)" is corrected to read "(i)" 194. On page 4108S. in the third impermeable waste bag, or wrapped in plastic sheeting. (2) Intact ACM shall be lowered to the ground as soon as is practicable, but in any event no later than the end of the work shift. column, in $ 1915.1001. paragraph (g)(8)(ii)(B) is corrected to read: 197. On page 41085, in the third column, in 1915.1001, a new paragraph (g)(3)(ii)(K) is added to read*. (g) * * * (81* * ' (til* * * (B) Wet methods shall be used to remove roofing materials that are not intact, or that will be rendered not intact during removal, unless such wet methods are not feasible or will create safety hazards. 195. On page 41085. in the third column, in 1915.1001. paragraph (g)(8)(ii)(D) is corrected to read: (g)* * * (81* * * (iil* * * (H) Notwithstanding any other provision of this section, removal or repair of sections of intact roofing less than 25 square fee: in area does not require use of wet methods or HEPA vacuuming as long as manual methods which do not render the material non intact are used to remove tba material and no visible dust is created by the removal method used. In determining (g) (8) () (0) When removing built-uprroofs whether a job involves less than 25 square feet, the employer shall include all removal and repair work performed on the same roof on the same day. with asbestos-containing roofing felts and an aggregate surface using a power roofcutter, all dust resulting from the cutting operation shall be collected by a HEPA dust collector, or shall be HEPA 198. On page 41085, in the third column, in $ 1915.1001, paragraph (g)(8)(iu) introductory text is corrected to read: vacuumed by vacuuming along the cut line. When removing built-up roofs with asbestos-containing roofing felts and a smooth surface using a power roof cutter, the dust resulting from the' cutting operation shall be collected either by a HEPA dust collector or HEPA vacuuming along the cut line, or by gently sweeping and then carefully and completely wiping up the still-wet dust and debris left along the cut line. The dust and debris shall be immediately bagged or placed in covered containers. 196. On page 41085, in the third column, in 1915.1001. paragraph (Rj(0)(ii)(E) is corrected to read: (iii) When removing cementitious asbestos-containing siding and shingles or transits panels containing ACM on building exteriors (other than roofs, where paragraph (g)(8)(H) of this section applies) the employer shall ensure that the following work' practices are followed: * 199. On page 41086. in the first column, in $ 1915.1001, paragraph (g)(8)(v)(A). line-2 is corrected by adding the word "to" after the word "prior". 200. On page 41038, in the second cotumn. in $ 1915.1001, paragraph (g)(9](iii), line 9 is corrected by adding (8)* * * (ill* * * (E) Asbestos-containing material that has been removed from a roof shall not be dropped or thrown to the ground. Unless the material is carried or. passed to the ground by hand, it shall be lowered to the ground via covered, dusttight chute, crane or hoist: (1 j Any ACM that is not intact shall be towered to the ground as soon as is practicable, but in any event no later than the end of the work shift While the material remains on the roof it shall either be kept wet, placed in an the words "or another isolation method" after tbo word "section". 201. On page 41086, in the second * column, in $1915.1001, paragraph (g)(9)(iv). line 4. the number "(4)" is corrected to read "(2)". 202. On page 4t086. in the second column, in $ 1915.1901, paragraph (g)(9)(v). tine 7. the words "paragraph (e](4)(iii)" are corrected to read "paragraph (f)(2J(iiir. 203. On page 4108S. in the second column, in 1915.1001, paragraph (g)(10) introductory text, line 5. the number "(8)" is corrected to read "(9)". 204. On page 41086, in the third column, in $ 1915.1001. paragraph (g)(ll)(ii), line 19 is corrected by adding the words "to this section" after the words "Appendix L". 205. On page 41088. in the third column, in $ 1915.1001, a new p aragraph (g)(12)is added to mad: (g) * * * (12) Alternative methods of compliance for installation, removal, repair, and maintenance of certain roofing materials. Notwithstanding any other provision of this section, an employer who complies with all provisions of this paragraph (g)(12) when installing, removing, repairing, or maintaining intact roof cements, mastics, coatings, or flashings which contain asbestos fibers encapsulated or coated by bituminous or resinous compounds shall be deemed to be in compliance with this section. If an employer does not comply with all provisions of this paragraph (g)(12). or if during the course of the job the material does not remain intact, the provisions of paragraph (g)(8) of this section apply instead of this paragraph (g)(12). (i) Before work begins and as (reeded during the job, a qualified person who is capable of identifying asbestos, hazards in the workplace and selecting the appropriate control strategy for asbestos exposure, and who hoi the authority to take prompt corrective measures to eliminate such hazards, shall conduct an inspection of the worksite and determine that the roofing material is intact and will Uksfy remain intact (ii) All employees performing work covered by this paragraph (gj(12) shall be trained in a training program that meets the requirements of paragraph (k)(9)(viti) of this section. (iii) The material shall not be sanded, abraded, or ground. Manual methods which do not render the material non intact shall be used. (iv) Material that has been removed from a roof shall not be dropped or thrown to the ground. Unless the material is carried or passed to the. ground by hand, it shall be lowered to the ground via covered, dust-tight chute, crane or hoist. All such material shall be removed from the roof as soon as is practicable, but in any event no later than the end of the work shift. (v) Where roofing products which have been labeled as containing asbestos pursuant to paragraph (k)(8) of this section are installed on non-residential roofs during operations covered by this paragraph (g)(12), the employer shall notify the building owner of the Federal Register / Vol. 60. No. 125 / Thursday. June 29. 1995 / Rules and Regulations 33991 presence and location of such materials no later than the end of the job. , 206. On page 410B6. in the third column, in 1915.1001. paragraph (h)(l)(iii) is corrected to read: (Hi) During all Class II and III work which is not performed using wet methods, provided, however, that respirators need not be worn during removal of ACM from sloped roofs when a negative exposure assessment has been made and the ACM is removed in an intact state. a * 207. On page 41087. in the first column above Table t, in 1915.1001, paragraph (h)(2)(f). line 5 is corrected by adding the words "or in paragraph (h)(2)(iii) of this section." after the word "Table 1.". 208. On page 41087. in the third column above Table 1. in 1915.1001. paragraph (h](2)(iii)(A) is corrected to read: * (A) An employee chooses to use this type of respirator, and * 209. On page 41087. in $ 1915.1001. paragraph (h)(2). in Table 1, lines 1 through 3 under the heading "Airborne concentration of asbestos or conditions of use" are corrected to read "Not in excess of l ffee (10 X PEL), or otherwise as required independent of exposure pursuant to paragraph (h)(2)(iv) of this section.". 210. On page 41087, in the first column below Table 1. in 1915.1001, paragraph (h)(2)(v), line 5, the word "auxiliar76y" is corrected to read "auxiliary". 211. On page 41087, in the second column below Table 1. in 1915.1001. paragraph (h)(3)(iv). line 10, the word "employee" is corrected to reed "employees". 212. On page 41087, in the second column below Table 1. in 1915.1001. paragraph (h)(3)(iv). line 12 is corrected by adding a comma after the word "position". 213. On page 41087. in 51915.1001. paragraph (h)(4)(H). line 2 of the third column below Table 1, the word "or* is corrected to read "to". 214. On page 41087. in 1915.1001. paragraph (h)(4)(H). line 6 of the third column below Table L the number "(iii)" is corrected to read "(i)". 215. On page 41087. in the third column below Table 1. in 1915.1001. paragraph (i)(i), line 12. the word "and" is corrected to read "or". 216. On page 41088. in the first column, in 1915.1901. paragraph (j)(l) introductqry text, line 3 is corrected by adding the words "involving over 25 linear or 10 square fset of TSl or surfacing ACM and ?ACM" after the word "jobs'*. 217. On page 41008. in 1915.1001, paragraph (j)(l)(i)(G, line 9 of the second column is corrected by removing the word "Such" and adding the words `Following showering, such" in its place. 218. On page 41088. in the third column, in 1915.1001, paragraph (j)(2)(iii). line 1. the word "VVorkclothing" is corrected to read "Work clothing". 219. On page 41088, in the third column, in 1915.1901. paragraph (k), line 2, the word "Note:" is removed and the text is correctly designated as paragraph (k)(l). 220. On page 41088. in the third column, in 51915.1001. newly designated paragraph (k)(t). lines 15 and 16. the wares "are required to treat" are corrected to read "shall Identify". 221. On page 41088. in the third column, in $ 1915.1901. newly designated paragraph (k)(l). line 19, the number "(4)" is corrected to read "(5)*'. 222. On page 41088, in the third column, in $ 1915.1001, newly designated paragraph (k)(l), tine 25, the words "paragraph (g). of this section" are corrected to read "paragraph (g)(8)(i)(!) of this section.*'. . 223. On page 41089.. 8 lines from the top of the ftrst column, in $ 1915.1001, paragraph (k)(l) is redesignated as paragraph (k)(2). 224. On page 41089, in the ftrst column, in $ 1915.1001. newly redesignated paragraph (k)(2)(i) is corrected to read: (k) - - * (21* * * (i) Before work subject to ibis standard is begun, building/vessel and faciUty owners shall determine the presence, location, ind quantity of ACM and/or P^lCM *t the work site pursuant to paragraph (k)(l) of this section. 4 225. On page 41089.23 lines from the bottom of the ftrst column, in S 1915.1001. paragraph (k)(2) is redesignated as paragraph (k)(3). 226. On page 41C89. in the ftrst column, in $ 1915.'.001. newly redesignated paragraph (k)(3)(i). line 5 is corrected by adding the words "pursuant to paragraph (k)(l) of this section" after the word "therein". 227. On page 41089. IS lines from the top of the second column, in S 1915.1001. paragraph (k](3) is redesignated as paragraph (k)(4). 228. On page 41089. 25 lines from the top of the second column, in S 1915.1001, peragrapb (k)(4) is redesignated es paragraph (k)(S). 229. On page 41089, in the second column, in $ 1915.1001. newly redesignated paragraph (k)(S)(i), line 11, the number "(4)" is corrected to read "(5)**. 230. On page 41089, in the second column, in $ 1915.1001. newly redesignated paragraph (k)(S)(ii) introductory text, line 3 is corrected by adding the words "more than 1%" after the word "contain". 231. On page 41089. in the second column, in $ 1915.1001, newly redesignated paragraph (k)(5)(ii)(A). line 5 is corrected by adding the word "or" after the word "ACM:". 232. On page 41089, in the second column, in S 1915.1001, newly redesignated paragraph (k](5](il)(B), line 3. the ward "asbestos" is corrected to reed "ACM". 233. On page 41089, in the second column, in $ 1915.1001, newly redesignated paragraph (k)(5)(H)(B), lines 5 through 7 are corrected to read, "analysis of bulk samples collected in the manner described in 40 CFR 763.86. The". 234. On page 41089, in the second column, in $ 1915.1001, newly redesignated paragraph (k)(5)(ii)(B), line 17. the word "of* is corrected to read "or". 235. On page 41089, in the second column, in $ 1915.1001, newly redesignated paragraph (k)(S)(ii)(B). line 19, the word "of* is corrected to read "or". 238. On page 41089, in the third column, in S 1915.1001. a new paragraph (k)(S)(iU) is added to read: (iii) The employer and/or building/ vassal owner may demonstrate that flooring material including associated mastic and backing does not contain asbestos, by a determination of an industrial hygienist based upon recognized analytical techniques showing that tha material is not ACM. 237. On page 41089. 5 lines from the top of the third column, in 1915.1001. paragraph (k)(5) Is redesignated as paragraph (kj(8). 238. On page 41089. in the third column, in $ 1915.1001. newly redesignated paragraph (k)(6), lines 4 33992 Federal Register / Vol. 60. No. 125 . Thursday. June 29. 1995 / Rules and Regulations and 5. the words "TSI or surfacing ACM 12. the number "(S)" is corrected to read (vi) Training for employees and PACM" are corrected to read "ACM and/or PACM". 239. On page 41099,15 lines from the top of the third column, in $ 1915.1001, paragraph (V)(6) is redesignated as "(6)". 246. On page 41090. in the first column. :n 1915.1001, paragraph (k)(8) is redesignated as paragraph (k)(9) and is corrected to read: performing Class IV operations shall be consistent with EPA requirements for training of local education agency maintenance and custodial staff as set forth at 40 CFR 763.92(a)(1). Such a paragraph (k)(7). course shall include available 240. On page 41089. in the third column, in $ 1915.1001, newly redesignated paragraph (k)(7)(ii) is corrected to read: (ii)(A) The warning signs required by paragraph (10(7) of this section shall bear the following information: DANGER ASBESTOS CANCER AND LUNG DISEASE HAZARD AUTHORIZED PERSONNEL ONLY (B) In addition, where the use of respirators and protective clothing is required in the regulated area under this section, the warning signs shall include the following: RESPIRATORS AND PROTECTIVE CLOTHING ARE REQUIRED IN THIS AREA * 241. On page 41089. in the third column, in 1915.1001. a new paragraph (k)(7](iii] is added to read: (iii) The employer shall ensure that employees working in and contiguous to regulated areas comprehend the warning signs required to be posted by paragraph (k)(7)(i) of this section. Means to ensure employee comprehension may include the use of foreign languages, pietographs and graphics. (9) Employee Information and Training, (i) The employer shall, at no cost to the employee, institute a training program for all employees who are likely to be exposed in excess of a PEL and for all employees who' perform Class 1 through IV asbestos operations, and shall ensure their participation in the program. (ii) Training shall be provided prior to or at the time of initial assignment and at least annually thereafter. (iii) Training for Class t operations shall be the equivalent in curriculum, training method and length to the EPA Model Accreditation Plan (MAP) asbestos abatement workers training (40 CFR part 763. subpart E. appendix C). (iv) Training for Class II work. For work with asbestos containing material involving roofing materials, flooring materials, siding materials, ceiling tiles, or transits panels, training shall include at a minimum all the elements included in paragraph (k)(9)(viii) of this section and in addition, the specific work practices and engineering controls set forth in paragraph (g) of this section which specifically relate to that category. Such course shall include "hands-on" training and shall take at least 8 hours. Exception: For other Class It operations, training shall be provided which shall include at a minimum all the elements included in paragraph (k)(9)(viii) of this section and in addition, the specific work practices and engineering controls set forth in paragraph (g) of this section which specifically relate to that category, and shall include "hands-on" training. information concerning the locations of thermal system insulation and surfacing ACM/PACM. and asbestos-containing flooring material, or flooring material where the absence of asbestos has not yet been certified: and instruction in recognition of damage, deterioration, and delamination of asbestos containing building materials. Such course shall take at least 2 hours. (vii) Training for employees who are likely to be exposed in excess of the PEL and who are not otherwise required to be trained under paragraph (k)(9) (iii) through (vi) of this section, shall meet the requirements of paragraph (k)(9)(viii) of this section. (viii) The training program shall be conducted in a manner that the employee is able to understand. In addition to the content requited by provisions in paragraphs (k)(9) (iii) through (vi) of this section, the employer shall ensure that each such employee is informed of the following: (A) Methods of recognizing asbestos, including the requirement in paragraph (k)(t) of this section to presume that certain building materials contain asbestos; (8) The health effects associated with asbestos exposure; (C) The relationship between smoking and asbestos in producing lung cancer; (D) The nature of operations that could result in exposure to asbestos, the importance of necessary protective controls to minimize exposure including, as applicable, engineering controls, work practices, respirators, housekeeping procedures, hygiene (v) Training for Class III employees facilities, protective clothing, 242. On page 41099.32 lines Grom the shall be consistent with EPA decontamination procedures, emergency bottom of the third column, in requirements for training of local procedures, and waste disposal. 1915.1001. paragraph (k)(7) is education agency maintenance and procedures, and any necessary redesignated as paragraph (k)(8). custodial staff as set forth at 40 CFR instruction in the..use of these controls 243. On page 41099, in the third 763.92(a)(2). Such a course shall also and procedures; where Class m and IV column, in $ 1919.1001, newly include "hands-on" training and shall work will be or is performed, the redesignated paragraph (k)(8)(vi) take ft least 16 hours. Exception: For contents of EPA 20T-2003, "Managing introductory text, lines 2 and 3. the Class III operations for which the Asbestos In-Place" July 1990 or its words "paragraphs (k)(2)(t) through qualified person determines that the equivalent in content; (k)(2}(iii)" are corrected to read EPA curriculum does not adequately (E) The purpose, proper use, fitting "paragraphs (k)(S)(i) through (k|(8)(iii)". cover the training needed to perform instructions, and limitations of 244. On page 41090. in the first that activity, training shall include as a ' respirators as required by 29 CFR column, in 1915.1001. newly minimum all the elements included in 1910.134; redesignated paragraph (k)(8)(vi](B). paragraph (k)(9)(viii) of this section and (F) The appropriate work practices for lines 2 and 3 are corrected by removing - in addition, the specific work practices performing the asbestos job; the words "by weight". and engineering controls set forth in (G) Medical surveillance program 245. On page 41090, in the first paragraph (g) of this section which requirements; column, in $ 1915.1001, newly specifically relate to that activity, and (H) The content of this standard redesignated paragraph (k)(8)(vii), line shall include "hands-on" training. including appendices; r Federal Register / Vol. 60, No. 125 / Thursday, June 29. 1995 / Rales and Regulations 33993 I (!) Th names, addresses and phone (l) (4)(ii). line 2 is corrected by adding 263. On page 41092. in the first I numb*" of Public beallb organizations the word "or* after the word column, in 1915.1001. paragraph ' I ybich provide information, materials "disposed". (n) (4). line 3. the number "1" is I 'd/0r conduct programs concerning 257. On page 41091; in the first corrected by enclosing it in parenthesis smoking cessation. The employer may column, in 1315.1001. paragraph to read "(i)". distribute the list of such organizations (m) (l)(i). is corrected to read: 264. On page 41092, in the second contained in Appendix) to this section, t column, in 1915.1001. paragraph (o}(3) r, to comply with this requirement: and (m)* * * introductory text, lines S and 6. the (J) The requirements for posting signs 01* * * words "in paragraph (p)(3)(i) and (ii)" and affixing labels and the meaning of (1) Employees covered. (A) The are corrected to read "in paragraph the required legends for such signs and employer shat! institute a program for (o) (3)(i)". labels. all employees who, for a combined total 265. On page 41092. in the second of 30 or more days per year, are engaged column, in 1915.1001. paragraph (o)(3) 247. On page 41090,8 lines from the in Class l, II. or III work or are exposed introductory text, lines 9 and 10, the top of the third column, paragraph (h)(9) is redesignated as paragraph (k)(l0). 248. On page 41090. in the third column, in 1915.1001, newly redesignated paragraph (lc)(10J(i), line 4 at or above the permissible exposure limit for a combined 30 days or more per year. For purposes of this subparagraph, any day in which a worker engages in Class II or Class III words "Gass II and 111" are corrected to read "Gass II. in.andfV". 266. On page 41092. in the second column, in 1915.1001, paragraph (o)(3)(i) introductory text, line 4. the is corrected by adding a comma after the work or a combination thereof for one words "paragraph (g)(1)" are corrected word "cost". hour or less and. while doing so, to read "paragraph (e)(6)". 249. On page 41090. in the third adheres fully to the work practices 267. On page 41092. in the second column, in 51915.1001. newly specified in this standard, shall not be column, in 1915.1001, paragraph redesignated paragraph (k)(10)(iii), line counted. (o)(3)(i)(E). line 3. the words "protective 10 is corrected by adding the words "to (B) For employees otherwise required clothing" are corrected to read this section" after the words "Appendix by this standard to wear a negative pressure respirator, employers shall "respirators". 268. On page 41092, in the second ' 250. On page 41090. in the third ensure employees are physically able to column, in 1915.1001, paragraph column, in S 1915.1001. paragraph (l] perform the work and use the (o)(3)(i)(E), line 4. the word entitled "Housekeeping" is correctly equipment This determination shall be "respirators" is corrected to read designated as paragraph (l) entitled made under the supervision of a "protective clothing". "Housekeeping'. physician. 269. On page 41092. in the second 251. On page 41090, in the third ft column, in 1915.1001, paragraph column, in 1915.1001. paragraph (1)(2). 258. On page 41091. in the first (o)(3)(i)(F). line 2. the words "set up" line 7 is corrected by adding the words column, in 1915.1001. paragraph are corrected to read "set up, use,". "except in roofing operations, where the (m)(l)(ii). line 1 is corrected by 270. On page 41092. in the third procedures specified in paragraph removing the words "by a physician". column, in 1915.1001, paragraph lg)l8)(ii) of this section apply" after the 259. On page 41091. in tne first (o)(3)(i)(H). line 1. the word "though" is word "containers". column, in 1915.1001. paragraph corrected to read "through". 252. On page 41090, in the third (m](2)(i)(B) is corrected to read: 271. On page 41092. in the third column, in 1915.1001, paragraph ft ft ft ft column, in 1915.1001, paragraph (!](3)(i), line 6. the words "paragraph (g)" are corrected to read "paragraph (g)(8)(i](t) of this section". 253. On page 41090, in the third (m)* ** (2) * * * (U* * * (B) When the employee is assigned to (o)(3)(i)(H), line 2 is corrected by adding a comma after the word "inspection". 272. On page 41092. in the third column, in 1915.1001. paragraph column, in $ 1915.1001, the three an area where exposure to asbestos may (o)(3)(i)(I), line 2. the words "paragraph paragraphs following the first paragraph be at or above the permissible exposure (f)(6)" are corrected to read "paragraph (l)(3)(i) are redesignated as paragraphs limit for 30 or more days per year, or (k)". (l)(3)(H). (l)(3)(iii). and (l)(3)(iv), respectively.- engage in Class I. II. or 111 work for a combined totnl of 30 or more days per 273. On page 41092, in the third column, in 1915.1001, paragraph 254. On page 41090. in the third column, in $ 1915.1001. in newly redesignated paragraph (lH3)(Ui), tine 3, the word "speed*-' is corrected to read year, a medical examination must be given within 10 working days following the thirtieth day of exposure: ft ft ft ft ft (o)(4)(i), tines 12 through 16 are corrected to read "that meets the criteria of EPA's Model Accredited Plan (40 CFR pah 763) or a course equivalent in "speeds". 255. On page 41090. in the third column, in $ 1915.1001. paragraph (l)(4) introductory text is corrected to read: 260. On page 41091, in the second stringency, content, and length." column. In 1915.1001, paragraph 274-276. On page 41092. in the (m) (3)(i), line 2 is corrected by removing second column, in 1915.1001, the letter "G.**. 261. On page 41091. in the third paragraph (o)(4)(ii) is corrected to read: ft ft ft ft ft (4) Waste and debris and accompanying dust in an area column, in 1915.1001. paragraph (n) (l)(i}. line 3. the word "demonstrate" is corrected to read "demonstrates". (o)* * * (4)* * * (ii) For Gass HI and IV asbestos work, containing accessible thermal system 262. On page 41091, in the third the qualified person shall be trained in insulation or surfacing ACM/PACM or column, in 1915.1001. paragraph aspects of asbestos handling appropriate visibly deteriorated ACM:. (n](l)(i), line 4 is corrected by adding the words "or the activity involving for the nature of the work, to include procedures for setting up glove bags and 256. On page 41091, in the first such products or material" after the mini-enclosures, practices for reducing column, in 1915.1001. paragraph words "containing asbestos". asbestos exposures, use of wet methods. 33994 Federal Register / Vol. 60. No. 125 / Thursday. June 29. 1995 / Rules and Regulations the contents of this standard, and the identification of asbestos. Such training shall include successful completion of a course that is consistent with EPA requirements for training of local education agency maintenance and custodial staff as set forth at 40 CFR 763.92(a)(2). or its equivalent in stringency, content, and length. Qualified persons for Class 111 and Class IV work may also be trained pursuant to the requirements of paragraph (o)(4)(i) of this section. * Appendix Ato 1915.1001 (Corrected} 277. On page 41093. in the first column, the heading for Appendix A to 1915.1001 is corrected to read: Appendix A to 51915.1001--OSHA Reference Method (Mandatory)" 278. On page 41093, in the first column, in 1915.1001. in Appendix A, in the introductory paragraph, lines 3 and 4 are corrected by removing the words "tremolite. anthophyllite, and actinolite". 279. On page 41093. in the first column, in 1915.1001. in Appendix A, in the introductory paragraph, line 11. the word "10-60" is corrected to read "tD-160". 280. On page 41093, in the first column, in $ 1915.1001, in Appendix A, in the introductory paragraph, line 12, the words "NIOSH 7400 method" are corrected to read "NIOSH Method 7400". 281. On page 41093. in the first column, in $ 1915.1001, in Appendix A, under the heading entitled "Sampling and Analytical Procedure," paragraph 1. line 5 is corrected by removing the words "tremolite. anthophyllite, and actinolite". 282. On page 41093, in $ 1915.1001, in Appendix A. under the heading entitled "Sampling and Analytical Procedure." paragraph 2. line 6 of the second column is corrected by adding a sentence "Othercassettes such as the Bell-mouth may be used within the limits of their validation." after the word "record.". 283. On page .41093, in the second column, in S 1915.1001, in Appendix A. under the heading entitled "Sampling and Analytical Procedureparagraph 3. line 2. the number "2.5" is corrected to read "5". 284. On page 41093, in the second column, in 1915.1001, in Appendix A, under the heading "Sampling and Analytical Procedure," paragraph 3, line S. the number "2.S" is corrected to read "5". 285. On page 41093, in the second to third column, in 1915.1001, in Appendix A. under the heading entitled "Sampling and Analytical Procedure," paragraph 11 is corrected to read: 11. Each set of sair.plas taksn will include 10% field blanks or s minimum of 2 field blinks. These blanks must come from the plant fibers partita vtias gypsum soma synthetic fibers mambnna structures sponge spicules diatoms microorganisms w ollas*tonite * same lot as the filtan used for sample collection. The field blank results shalt be averaged and subtracted from the analytical results before reporting. A set consists of any sample or group of samples for which an evaluation for th.s standard must be made. Any samples represented by a field blank having a fiber count in excess of the detection limit of the method being used shall be rejected. * * * 292. On page 41095. in the second column, in $ 1915.1001, in Appendix B. under the heading entitled "S.l.l Sample assembly," in the first paragraph, line 8, the number "0.8-" is corrected to tead "0.4". 293. On page 41095, in the second column, in $ 1915.1001, in Appendix B. under the heading entitled "S.l.l Sample assembly," a new note (e) is 286. On page 41393, in the third column, in 1915.1001, in Appendix A. under the heading entitled "Sampling and Analytical Procedure," paragraph 13.b. is corrected to read: ** * 13. b. In the absence of other information, count all particles as asbestos that have a length-to-width ratio (aspect ratio) of 3 to 1 orgraatsr. added* to read: j.i.r* Notes:* * * (a) Other cassettes, such as tha Ball-mouth, may be used within the limits of their validation. * 294. On page 41095, in the second column, in $ 1915.1001, in Appendix B, under the heeding entitled "S.U Sampling pump," lines 5 and 8, tha words "2.5 litsrs par minute (L/mln)" Appendix B to 1915.1001 (Corrected) ora corrected to read "the collection 287. On page 41094, in $ 1915.1001. rata". in Appendix B. the table is corrected so 295. On page 41095, in the second that the word "Air" is removed from column, in $1915.1001. in Appendix 8, between the double lines at the in tha paragraph entitled "5.2.1" line 2 beginning and added following the word "Matrix". 288. On page 41094, in the first column below the `.able, in $1915.1001, in Appendix B. under the heading entitled "1. introduction." In the definition of "Asbestos," the chemical formula for Crocidolite is corrected to read "NaiFojJ ``Fa?-* "SiiOsstOHh". 289. On page 41094; in the second column below the table, in 51915.1001, is corrected by removing the words "(see Figure 3)". 296. On page 41095, in tha third column, in $ 1915.1001, in Appendix B. under the heading antitied "5.2.5" lines 8 through 10 of the "Nate" are corrected to read, "pressure changes, correct the (low rata using tha formula shown in the section "Sampling Pump Flow Rate Corrections" at tha and of this appendix." 297. On page 41098, in the first in Appendix B, in the definition of column, in $ 1915.1001. in Appendix B, " Walton-Beckett Graticule," line 11, the the paragraph entitled "5.2.11" is number "2" is corrected to road "1". 290. On page 41094. in the third . corrected to read: a a column below the table, in 1915.1001. in Appendix 8. in the paragraph under J.* "*. 5.2* * * the heading entitled "1.2 Principle." 5J.11 Attach and secure a sample sael line 6 is corrected by removing the word around each sample cassette in such s way as to assure that the and cap and base plugs 291. On page 41C95, in the second column, in $ 191S.'.0Q1. in Appendix B, under the heading entitled "4. interferences," in the second paragraph, the list of common fibers is corrected to read: cannot be removed without destroying the seal. Tape the ends ofthe seal togethar since the seel is not long enough to be wrapped nd-to-end. Also wrap tape around the cassette at each joint to keep tha teal secure. 298. On page 41096, in the first column, in $ 1915.1001. in Appendix B, 4. interferences in tha paragraph entitled "5.3.2," line 8, * the words "without rattling" era fiberglass anhydrite corrected to read "la such a maimer that thay will not rattle". Federal Register / Vol. 60. No. 125 / Thursday. June 29. 1995 / Rules and Regulations 33995 >99. On page 41097, in the First line 1. the word 'if' is corrected to read under the heading entitled M/ column, in 1915.1001. in Appendix B. "is". Negative Pressure Enclosure/HEPA under the heading entitled "5.6.2 Counting Fibers." paragraph (9). line 5. the number "2" is corrected to read "1". 300. On page 41097. in the third 307. On page -urn, in the third column, in 1915.1001, in Appendix H, under the heading entitled "V. Access to Information." p.xagraph B. Une 5. the Vacuum System Method, paragraph (7). Une 5. the words "paragraph (k) are corrected to read "paragraph (1)". 317. On page 41131. in the second & column, in 191S.1001, in Appendix B. word "trowlod-on" is corrected to read column, in 51915.1001. in Appendix L. under the heading entitled "7.3. "trowe!ed-oti'\ under the heading entitled "IB} Low Recount Calculations." the formula in Appendix K to 1915.1001 Pressure/Wet Cleaning Method." the third paragraph is corrected to read: [Corrected] f* * 308. On page 41123, in the first paragraph (6). line 5. the words "paragraph (j)(2Hii)" are corrected to 7.3. Recount Calculations L/acT - -JAC7 >2.78 column, in 1915.1001. in Appendix K, line 3 of the title is corrected by removing a dosed parenthesis after the word "Non-Mandstory". 309. On page 41125. in the Bret read "paragraph (k)(6)". 316. On page 41131, in the second column, in 1915.1001, in Appendix L. under the heading entitled "/B/ Low Pressure/Wet Cleaning Method," * (i/ACaVG ) x CVpg column, in 1915.1001, in Appendix K, under the heading entitled "1.8 Toxicology," line 9 is corrected by 301. On page 41096. in the second column, in S 1915.1001, in Appendix B. under the heading entitled "Quality. Control" in the first paragraph, lines 6 and 7 are corrected by removing the words "for the CV curve shown below". 302. On page 41096. in the third column, in 1915.1001. in Appendix B. under the heading entitled " WaltonBeckett Graticule," paragraph (7). line 12 is corrected to read "Field Area * a(D/2) Appendix E to $ 1915.1001 [Corrected] 303. On page 41119. in the Bret column, in $ 1915.1001, in Appendix E. paragraph (a) is corrected to reach (a) Chest roentgenograms shall be interpreted end classified in accordance with a professionally accepted classification system and recorded on tn interpretation form following the foimet of the CDC/NIOSH adding the words "and 29 CFR 1915.1001" after the number "1926.1101''. 310. On page 4tl2S, in the second column, in 1915.1001. in Appendix K, under the heading entitled "2.4 Shipment." paragraph (a), line 2 is corrected bv removing the words "(such as the OSHA 21)". 311. On page 41129. in the Bret column, in $1915.1001. in Appendix K, the heading entitled "Auxiliary Information" is correctly designated as "4. Auxiliary information". . 312. On page 41129. in the second column, in 1915.1001, in Appendix K. the pangraph under the heading entitled "4:3 Polarized Light Technique." beginning on Una 10. is corrected by removing the sentence, "A compensator is a piece of mineral with known properties that "compensates" for some deficiency in the optical (M| 2.8 form. As a minimum, the content train.". within the bold lines of this form (items 1 through 4) shall be included. This form is not to be submitted to NIOSH. Appendix L to 1915.1001 [Corrected] 313. On page 41131. in the Bret paragraph (6), Une 7. the words "paragraph (k)" are corrected to read "paragraph (1)". 319. On page 41131. in the second column, in 1915.1001, in Appendix L, under the heading entitled "IB] Law Pressure/Wet Cleaning Method." paragraph (7). Une S. the words "paragraph (k)" are corrected to read "paragraph (l)'*. 320. On page 41131. in the third column, in 1915.1001, in Appendix L. under the heading entitled "ICf Equivalent Methods." Une 12. the number "0.004" is corrected to read "0.016". . 321. On page 41131. in the third column, in 1915.1001. in Appendix L. under the heeding "[DJ Wet Methods." pengreph (2), Une 3. the words "paragraph (i](2](ii)" are corrected to read "paragraph (k)(8)'\ 322. On page 41131. in the third column, in 1915.1001, in Appendix L. under the heading "IDJ Wet Method paragraph (2). Une 4. the words "paragraph (It)*' are corrected to read "paragraph ((]". 323. On page 41131. in the third column, in 1915.1001, in Appendix L, under the heading "(Dl Wet Method." Appendix F to 1915.1001 [Corrected] 304. On page 41121. in the Bret column, in 1915.1001. in Appendix F. under the heading entitled "Cleaning the Work Area." in the second paragraph, line 4. the word "encapsulate" is corrected to retd column, in 1915.1001. Appendix L. in paragraph (3). Une 3. the words the introductory pangraph. Une 7 is "paragraph (k)" are corrected to read contacted by adding the words "by "paragraph (H". trained employees" alter the word "practices". 314. On page 41131, in the second 11426.1101 '[Corrected] 324. On page 41132. in 1926.1101. column, in 1915.1001. in Appendix L. paragraph (b). the definition of under the heading entitled "(A] "Certified industrial Hygienist (OH)," Negative Pressure Enclosure/HEPA the firrt Une of the second column is "encapsulant". Appendix H.to 1915.1001 [Corrected] 305. On page 41121. in 1915.1001. in Appendix H. under the heading entitled "III. Respirators and Protective Vacpum System Method." paragraph (6), line 5. the words "paragraph (j}(2)(ii)" ore corrected to read "paragraph (kK6)". 315. On page 41131, in the second column, in 1915.1001. in Appendix L. corrected by removing the word "comprehensive". 325. On page 41132, in the second column, in 1926.1101, pengreph (b), the definition of "Class ill asbestos wort' is corrected to read: Clothing," paragraph A. line 6 of the third column is corrected by adding the word "a" after the word "conduct". 306. On page 41121. in the third column, in 1915.1001. in Appendix H, under the heading entitled "IV. Disposal under the heading entitled "/A/ Negative Pressure Enclosure/HEPA Vacuum System Method" paragraph (6). Une 6, the words "paragraph (k)" are corrected to read "paragraph (l)". 316. On page 41131. in the second W** Class ill asbestos work means repair and maintenance operations, where "ACM." including TSI end surfacing ACM and PACM, may be disturbed. Procedures and Clean-up." paragraph E, column, in 1915.1001. in Appendix U 33996 Federal Register / Voi. 60. No. 125 < Thursday. June 29, 1995 / Rules and Regulations 326. On page 41132. in the second 335. On page 41133. in the second "operated in the pressure demand column, in S 1926.1101. paragraph (b). column. :n 1926.1101, paragraph mode, or other positive pressure mode the definition of "Class IV asbestos work1' is corrected to read: am * (c) (2), lino fl. the word "or' is corrected respirator.". to read "to". 346. On page 41134. in the third 336. Of. page 41133. in the second column in $ 1926.1101. paragraph (0(4), fb) - * - column, in 1926.1101. paragraph tine 1 is corrected to read, "(4) Class IV-asbestos work means (d) (3). line 13 is corrected by removing Termination ofmonitoring, (i) if. maintenance and custodial activities the number "(1)". 347. On page 41134. in the third during which employees contact but do 337. Or. page 41133. in the third column, in 1926.1101. paragraph not disturb ACM or PACM and activities column, in 1926.1101, paragraph (n(4)(i). line 5, the word "measurement" to clean up dust, waste and debris (e) (2), line 6 is corrected by removing is corrected to read "measurements". resulting from Class 1.11. and 111 the words "concentrations of. 348. On page 41134, in the third activities. 338. On page 41133. in the third column, in 1926.1101. paragraph column, in 1926.H01. paragraph (f)(5) is redesignated as paragraph (0(6) and a 327. On page 41132. in the second column, in 1926.1101, paragraph (b), the definition of "Competent Person." lines 12 through 19 are corrected to read "course which meets the criteria of EPA's Modal Accreditation Plan (40 CFR part 763) for supervisor, or its equivalent and, for Class III and Class IV work, who is trained in a manner consistent with EPA requirements for training of local education agency maintenance and custodial staff as set forth at 40 CFR 763.92 (a)(2).". 326. On page 41132. in the third column, in $ 1926.1101. paragraph (b), the definition of "Disturbance." the first sentence is corrected to read: (e)(2), tine 12. the number "(6)" is corrected :o read "(7)". 339. On page 41133, in the third column, in '.926.1101, paragraph (e) (4), line 3. the number "(2)" is corrected to read "(1)". 340. On page 41133, in the third column, in 1926.1101, paragraph I0ll)(i). line 2..the word "of is corrected to read "or". 340a. On page 41133. in the first column, in 1926.1101. paragraph (f) (2)(i). the undesignated paragraph beginning on line 10 is correctly moved to line 9 as tho second sentence of paragraph (f)(2)(i). v. 341-344. On page 41134. in the first column, in $ 1926.1101. paragraph new paragraph (f)(5) is added to read: * (0* * * (5) Employee notification of monitoring results. (i) The employer shall notify affected employees of the monitoring results that represent that employee's exposure as soon as possible following receipt of monitoring results. (U) The employer shall notify affected employees of the results of monitoring representing the employee's exposure in writing either individually or by posting at e centrally located place that is accessible to affected employees. * ' * 349. On page 41135. in the-first (0(2)(ii) is corrected to read: column, in $ 1928.1101. paragraph Disturbance means activities that (g)(1)(f) is corrected to read: disrupt the matrix of ACM or PACM. crumble or pulverize ACM or PACM. or generate visible debris from ACM or PACM.* * * * (n* * (2)* * (ii) Basis of Initial Exposure Assessment: Unless a negativa exposure assessment has been made pursuant to (1) Vacuum cleaners equipped with HEPA fillers to collect all debris and 329. On page 41132. in the third column, in 1926.1101. paragraph (b). the definition of "Glavebag." line 1. the word "an" is corrected to read "not more than a 60 x 60 inch". 330. On page 41132, in the third column, in 1926.1101, paragraph (b), the definition of "Intact." line 3, the word "it" is corrected to read "the asbestos". 331. On page 41133, in 51926.1101. paragraph (b). in the definition of "Modification." line 6 Cram the top of the first column is corrected by removing the number "(ii)*\ 332. On pagp.4ll33,in the first paragraph (Q(2)(iii) of this section, the initial exposure assessment shall, if feasible, be based on monitoring conducted pursuant to paragraph (f)(l](iii) of this section. The assessment shall take into consideration both the monitoring results and all observations, information orcalculations which indicate employee exposure to asbestos, including any previous monitoring conducted in the. workplace, or of the operations of the employer which indicate the levels of airborne asbestos likely to be ancounterad on the job. For . Class I asbestos work, until the employer conducts exposure monitoring dust containing ACM and PACM. except as provided in paragraph (g)(8)(ii) of this section in the case of roofing material. * 350. On page 41135. in the first column, in $ 1926.1101, paragraph (g)(l)(ii). lines 9 and 10. the words "slipping hazards:" are corrected to read "except as provided in paragraph (g)(8)(ii) of this section;". 351. On page 41135. in the first column, in $ 1926.1101. paragraph (g)(l)(iii), line 3 is corrected by adding thewords "except in roofing operations, where the procedures specified in paragraph (g](8)(ii) of this section column, in $1926.110t; paragraph (b). and documents that employeos on that apply" after the word "containers". the definition of"Presumed Asbestos Containing Material." line 7, the job will hot be exposed in excess of the 352. On page 41135, in the second PELs. or otherwise makes a negativa column, in 1926.1101, paragraph number "(4)" is corrected to read "(5)". exposure assessment pursuant to 333. On page 41133. in the first paragraph (f/(2)(iii) of this section, the (g](4](ii)(A) is corrected to read: column, in 1926.1101. paragraph (b), the definition of "Regulated area." tine 12 is corrected by removing the number employer shall presume that employees are exposed in excess of the TWA and excursion limit. fg)* (<)* (UJ* "(6)". 334. On page 41133. in the second (iii)* * * **# (A) Critical barriers shall be placed over all the openings to the regulated column, in 1926.1101. paragraph 345. On page 41134. in the third area, except where activities are (c)(1), line 8 the word "of* is corrected column, in 1926.1101, paragraph performed outdoors: or to read "to". (f)(3)(iii). linn 4 is corrected to reed. Federal Register / Voi. 60, No. 125 / Thursday. June 29. 1995 I Rules and Regulations 33997 353. On page 4113S. in the second column, in 1926.1101. paragraph (gj(4)(ii)(8), line 13 is corrected by adding the words "Phase Contrast Microscopy" before the word "(PCM)". 354. On page 41135, in the second column, in 1926.1101, paragraph (g)(4)(ii)(B) is corrected by adding the following sentence to the end of the paragraph. "Exception: For work ' completed outdoors where employees are not working in areas.adjacent to the regulated areas, this paragraph (g](4)(ii) is satisfied when the specific control methods in paragraph (g)(5) of this section are used." 355. On page 41135, in the third column, in $ 1920.1101, paragraph (g)(5)(i) introductory text, line 2, the word "shall" is corrected to read "may". 356. On page 41135. in the third column, in $ 1926.1101. paragraph (g)(5)(U) introductory text is corrected to read: (ii) Glove bag systems may be used to remove PACM and/or ACM bom straight runs of piping and elbows and othar connections with the following specifications and work practices: m 3S7. On page 41135, in the third column, in $ 1926.1101. paragraph (g)(5)(ii)(A)(2) is corrected to read: (ii)* * * (A)* * * (2) Glovebags used on elbows and other connections must be designed for that-purpose and used without modifications. * 358. On page 41135, in the third column, in 1926.1101. paragraph (fi)(5)(iil(B)H|. line 3, the number "ISO*" is corrected to read "150*F". 359. On page 41136, in the Brat column, in S 1926.1101. paragraph (g)(5HiiUB](9). line 2, the word "removals" is corrected to reed "removal operations". 360. On page 41136, in the first column, in S 1926.1101. paragraph (g)(S](iii) introductory text, line 3. the word "shall" is corrected to retd "may". 361. On page 41136, in the first column, in 1926.1101, paragraph (g)(5)(iii)(B)(l). line 2 is corrected by adding the word "for" after the word "practices". 362. On page 41136. in the first column, in 1926.1101. paragraph (g)(5)(iii)(B)(l), line 4. the number'"(2)" is corrected to read "(4)". 363. On page 41136, in the first column, in 1926.1101, paragraph (g)(5)(iii)(B)(2), line 4 is corrected by adding the words "until it is completed at which time the bag shall be collapsed prior to removal of the bag bom the pipe" after the word "operation". 364. On page 41126. in the first column, in $ 1926.1101. paragraph (g)(S)(iv) introductory text, line 3. the word "shall" is corrected to read "may". 365. On page 41136. in the first column, in 1925.1101. paragraph (g)(S)(iv)(A)(2), line 2 is corrected by adding the word "the" after the word "in". 366. On page 41136, in the second column, in 1923.1101. paragraph (g)(S)(iv)(B)(2) is corrected to read: (iv). (B) - * * (2) The box shull be smoke-tested for leaks and any leaks sealed prior to each use. 367. On page 41136, In the second column, in 51926.1101, paragraph.. (g)(5)(vi)(B)(!) is corrected to read: (g)* * * (5) * * * (vi) * * * (B) * * * (1) Before use. the mini-enclosure shall be inspected for leaks and smoketested to detect breaches, and any breaches sealed. 368. On page 41136. in the second column, in $ 1928.1 tot, paragraph (g)(S)(vi)(B)(J), line 1 is corrected by adding a comma after the ward "use". 369-370. On page 41136, in S 1926.1101, paragraph (g)(5)(vi)(B)(3), line 2 of the third column, the word "minienclosure" is corrected to read "mini-enclosure". 371. On page 41136. in the third column, in 1926.1101. paragraph (gK6)(ii). line 19. the words "paragraph (g)(4)(i)(B)(2)" are corrected to read "paragraph (g)(4)(ii)(B)". 372. Ot\page 41136. in the third column, in 1925.1101. paragraph (g)(6)(iii), line 6 is corrected by adding the words "of this section" after the words "paragraph (g)(6)". 373. On page 41136, in the third column, in $ 1925.1101. paragraph (gj(6)(iii) is corrected by adding a sentence to the end of the paragraph to read. "The submission shall not constitute approval by OSHA.". 374. On page 41137. in the first column, in $ 1926.1101. paragraph (g)(7)(i). line 1 is corrected by removing the comma after the word "work". 375. On page 41137. in the first column, in 51926.1101. paragraph (g)(7)(ii) introductory text, line 4, the number "(4)" is corrected to read "(2)". 376. On page 41137. in the first column, in $ 1926.1101, paragraph (g)(7)(H) introductory text, line 5 is corrected by adding a comma after the word "job". 377. On page 41137. in the first column, in $ 1926.1101. paragraph (g)(7)(ii)(B). line a. the words "paragraph (g)(4)(i)(B)(2)" are corrected to read "paragraph (g)(4Kii)(B)". 378. On page 41137. in the first column, in $ 1926.1101. paragraph' (g)(7)(iv), lint 4. the words "(g)(3)(i) through (v)" are corrected to read "(g)(l)(l) through (g)(l)(iu)". 379. On page 41137, in the first column, in $ 1928.1101, paragraph (g)(8)(i) introductory text, line 11. the word "(k)(8)" is corrected to retd "(k)(9) of this section". 360. On page 41137. in the second column, in $ 1926.1101. paragraph (g)(8)(i)(F). line 4. the number "(iv)" is corrected to read "(i)". 381. On page 41137. in the second column, in S 1926.1101, paragraph (g)(8)(U)(B) is corrected to read: (8) ()* * * (B) Wet methods shall be used to remove roofing materials that are not intact, or that will be rendered not intact during removal, unless such wet methods an not feasible or will create ,safety hazards. 382. On page 41137. in the second column, in S 1926.1101. paragraph (g)(6)(ii)(D) is corrected to read: (g)* * * (8)* * * (ii)* * * (0) When removing built-up roofs with asbestos-containing roofing felts and an aggregate surface using a power roof cutter, all dust resulting bom the cutting operation shall be collected by a HEPA dust collector, or shall be HEPA vacuumed by vacuuming along the cut line. When removing built-up roofs with asbestos-containing roofing felts and a smooth surface using a power roof cutter, the dust resulting bom the cutting operation shall be collected either by a HEPA dust collector or HEPA vacuuming along tha cut line, or by gently sweeping and then carefully and completely wiping up the still-wet dust and debris left along the cut line. 33998 Federal Register t Vol. 60. No. 125 / Thursday, June 29, 1995 / Rules and Regulation^ The dust and debris shall be immediately bagged or placed in the following work practices are followed: the ground via covered, dust-tight chut* crane or hoist. All such material shall b covered containers. * * * * 386. On page 41137. in the third removed from the roof as soon as is practicable, but in any event no later 383. On page 41137, in the second column, in $ 1926.1101. paragraph (g)(8)(ii)(E) is corrected to read: column, in 4 1926.1101. paragraph (g)(8)(v)(A). line 2 is corrected by adding the word "to" after the word "prior". 387. On page 41138. in the first than the and of the work shift. (v) Where roofing products which have been labeled as containing asbastot pursuant to paragraph (k)(8) of this (g)* * * (8)* * * (iil* * * (E) Asbestos-containing material that has been removed Grom a roof shall not be dropped or thrown to the ground. Unless die material is carried or passed to the ground by hand, it shall be lowered to the ground via covered, dusttight chute, crane or hoist: (1) Any ACM that is not intact shall be lowered to the ground as soon as is practicable, but in any event no later than the end of the work shift While the material remains on the roof it shall either be kept wet, placed in an impermeable waste bag, or wrapped in plastic sheeting. (2) Intact ACM shall be lowered to the ground as soon as is practicable, but In any event no later than the end of the w* ork s* hift 384. On page 41137, in the second column, in $ 1926.1101, a new paragraph (g)(8)(ii)(H) is added to read: column, in 41926.1101, paragraph (gl(9)(iii). line 9 is corrected by adding the words "or another isolation method" after the word "section". 388. On page 41138. in the first column, in 1926.1101. paragraph (g)(10) introductory text, line 5, the number "(8)" is corrected to read "(9)". 389. On page 41138, in the second column, in 4 1926.1101. a new paragraph (g)(ll) is-added to read: (g)` * * (11) Alternative methods of compliance for installation, removal, repair, and maintenance of certain roofing materials. Notwithstanding any other provision of this section, an employer who complies with all provisions of this paragraph (g)(ll) whan installing, removing, repairing, or maintaining intact roofcements, mastics, coatings, or flashings which contain asbestos fibers encapsulated or coated by bituminous or resinous compounds shall be deemed to be in compliance with this section, if an employer does not comply with all section are installed an nan-residential roofs during operations covered by this paragraph (g)(U). the employer shall notify the building owner of the presence and location of such materials no latar than the end of the job. 390. On page 41138, in the second column, in $-1926.1101. paragraph (h)(l)(iii) is corrected to read: (h) * * * (1) * * * (iii) During all Class II and m work which is not performed using wet methods, provided, however, that respirators need not be worn during removal of ACM from sloped roofs when a negative exposure assessment has been made and the ACM is removed in an intact state. ** 391. On page 41138, inthe second column, in $ 1926.1101, paragraph (h)(2)(i). line S is corrected by adding tha word "or" after the word "Table 1". 392. On page 41138, in the third column, in $ 1926.1101, paragraph (g)* * ' ' provisions of this paragraph (gHll). or (hK2UiU), Tabta 1. lines 5 and 6 under (8P * * if during the course of the job the tha heading "Airborne concentration of (ii) * * * (H) Notwithstanding any other provision of this section, removal or material does not remain intact the provisions of paragraph (g)(8) of this section apply instead of this paragraph asbestos or conditions of use" era corrected to read, "of exposure pursuant to paragraph (h)(2)(iv) of this section.". repair of sections of intact roofing less than 25 square feet in area does not require use of wet methods or HEPA vacuuming as long as manual methods which do not render the material non intact are used to remove the material and no visible dust is created by the removal method used. In determining whether a job involves less than 2S square feer, the employer shall include all removal and repair work performed on the same roof on the same day. (g)(ll). (i) Before work begins and as needed during the job. a competent parson who is capable of identifying asbestos hazards in the workplace and selecting the appropriate control strategy for asbestos exposure, and who has the authority to take prompt corrective measures to eliminate such hazards, shall conduct an inspection of the worksite aiid determine that the roofing material is intact and will likely remain intact. 393. On page 41139, in the first column, in $ 1926.1101, paragraph (h)(3)(iv), line 10. the word "employee" is corrected to read "employees". 394. On page 41139, in the first column, in $ 1926.1101. paragraph (h)(3)(iv),.line 12 is corrected by adding a comma after the word "position'*. 395. On page 41139, in tha first column, in $ 1920.1101. paragraph (h)(4)(ii), line IS is corrected by adding the words "to this section" after tha words "Appendix C\ 385. On page41137, in the second column. in.$ 1926.1101, paragraph (g)(81(iii) introductory text is corrected to read: (ii) All employees performing work covered by this paragraph (g)(ll) shall be trained in a training program that meets the requirements of paragraph (k)(9)(viii) of this section. 396. On page 41139, in the first column, in $ 1926.1101, pangraph (h)(4)(U), line 19. the number "(iii)" is corrected to read "(i)'\ 397. On page 41139, in $ 1926.1101, (iii) The material shall not be sanded, paragraph (i)(l), line 1 of the second (a) * - - abraded, or ground. Manual methods which do not render the material non column, the word "and" is corrected to read "or". (iii) When removing cementitious intact shall be used. 398. On page 41139, in the second asbestos-containing siding and shingles (iv) Material that has bean removed column, in $ 1926.1101, paragraph (j)(l) or transite panels containing ACM on ' from a roof shall not be dropped or introductory text, tine 4. the ward "Tsi" building exteriors (other than roofs, thrown to the ground. Unless the is corrected to read "TSI". where paragraph (g](8)(ii) of this section material is carried or passed to the 399. On page 41139. in tha second applies) the employer shall ensure that ground by band, it shall be lowered to column, in $1926.1101. paragraph d jy a flftrru f rtfti Federal Register / Vol. 60. No. 123 / Thursday, June 29, 1995 / Rules and Regulations 33999 (j)(l)(iKB) introductory text, the 412. On page 41140. in the third undesignated paragraph beginning on column, newly redesignated paragraph line 10 is correctly moved to line 9 as (k)(5)(i). line 10. the number "(4)" is the third sentence of paragraph (i)(t)(i)(B) introductory text. 400. On page 41139, in the third corrected to read "(5)". 413. On page 41140. in the third column, in 1926.1101. newly column, paragraph (i](t)(i)(C). tine 14. redesignated paragraph (kj(5)(ii) the word "Such" is corrected to read introductory text, line 3 is corrected by "Following showering, such". adding the words "more than 1%" after 401. On page 41140, in the first the word "contain". column, in $ 1926.1101, paragraph 414. On page 41140. in the third (jl(2J(iii), line 1. the word column, in 51926.: 101, newly "Workclothing" is corrected to read redesignated paragraph (k)(S)(ii)(A). line "Work clothing". 1. the word "an" is corrected to read 402. On page 41140. in the first "a". column, in S 1926.1101. paragraph (k). 415. On page 41140, in the third line 1. the word "Note:" is removed and column, in $ 1926.1101. newly the text beginning on line 2 is correctly redesignated paragraph (k)(5)(ii)(A), line designated as paragraph (k)(l). 403. On page 41140, in 1926.1101. newly designated paragraph (k)(l). lines 4 and S of the second column, the words "are required to treat" are corrected to 5 is corrected by adding the word "or" after the word "ACM:". 416. On page 41141. in the first column, in 1926.1101, newly redesignated paragraph (k)(S)(ii](B), line read "shall identify". 3. the word "asbestos" is corrected to 404. On page 41140, in S 1926.1101. read "ACM". newly designated paragraph (kl(l), line 417. On page 41141. in th* first 9 of the second column, the number column, in S 1926.1101, newly "(4)" is corrected to read "(5)". redesignated paragraph (kX5)(ii)(B). 405. On page 41140. in S 1926.1101. lines 5 through 7 are corrected to read, newly designated paragraph (k](l), line "analysis of bulk samplas collected in 15 of the second column, the words "paragraph (g]" are corrected to read the manner described in 40 CFR 763.86. The". "paragraph (g)(8)(lKI)". 418. On page 41141. in the first 406. On page 41140,30 lines horn the . column, in 5 1928.1101. newly top of the second column, in redesignated paragraph (k)(5)(U)(B). lint 1926.1101, paragraph (k)(l) is 17, the word "oi" is corrected to reed redesignated as paragraph (k)(2J. 407. On page 41140, in the second column, in 1926.1101. newly redesignated paragraph (k)(2)(i) is corrected to read: "or". 419. On page 41141. in the first column, in S 1926.1101, newly redesignated paragraph (k)(5XU)(B). line 19, the word "of' is corrected to read (kl* * * 12) * * * (i) Before work subject to this standard is begun, building and facility "or". 420. On page 41141. in the first column, in 1926.1101, a new paragraph (k)(5)(iii) is added to read: owners shall determine the presence, location, and quantity of ACM and/or PACM at the work site pursuant to paragraph (k)(l) of this section. tea 406. On page 41140,2 lines from the bottom of the second column, la 1926.1101, paragraph (kH2) Is redesignated as pf^mh (kK3). 409. On page efJfO, w the third column, in $ 19244101. newly redesignated paragraph (k}f3)(i). line 5 is corrected by adding die words "pursuant to paragraph (k](t) of this section" after the word "therein". 410. On page 41140.35 lines from the (iii) The employer and/or building owner may demonstrate that flooring material including associated mastic and backing dons not contain asbestos, by a determination of an industrial hygienist based upon recognized analytical techniques showing that the material is not ACM. *** 421. On page 41141.24 lines from the top of the first column, in 1926.1101, paragraph (k)(5) is redesignated as paragraph (k){6). top of the third column, in $ 1926.1101.' 422. On page 41141, in the first paragraph (k)(3) is redesignated as column, in S 1926.1101. newly paragraph (k)(4). redesignated paragraph (k)(6). lines 4 411. On page 41140,25 lines from the and 5. the words "thermal system bottom of the third column, in insulation and surfacing ACM/PACM" 1926.1101. paragraph (k)(4) is are corrected to read "ACM and/or redesignated as paragraph (k)(5}. PACM". 423. On page 41141. 35 lines from the top of the first column, in 1926.1101. paragraph (k)(6) is redesignated as paragraph (k)(7). 424. On page 41141. in the first column, in 1926.1101. newly redesignated paragraph (k)(7)(ii) is corrected to read: * (kl* * * (7) * * * (ii) (A) The warning signs required by paragraph (k}(7) of this section shall bear the following information: DANGER ASBESTOS CANCER AND LUNG DISEASE HAZARD AUTHORIZED PERSONNEL ONLY (BJ. In addition, where the use of respirators and protective clothing is required in the regulated am under this section, the warning signs shall include the following: RESPIRATORS AND PROTECTIVE CLOTHING ARE REQUIRED IN THIS AREA 425. On page 41141. In the first column, in 1926.1101, e new paragraph [k)(7]{iU) is addad to read: (iii) Tha employer shall ensure that employees working in and contiguous to regulated areas comprehend the warning signs required to be posted by paragraph (k)(7)(i) of this section. Means to ensure employee comprehension mty include the use of foreign languages, p ictog*rsphsand graphics. 426. On page 41141.12 lines from the bottom of the first column, in 1926.1101. paragraph (k)(7) is redesignated as paragraph (k)(8). 427. On page 41141. in the second column, in 1926.1101, newly redesignated paragraph (k)(6Kvi) introductory text, line 2. the words "paragraphs (k)(2)(i) through (k)(2)(iu)" are corrected to read "paragraphs (k)(8)(i) through (k)(8)(iii) of this section". 428. On page 41141. in the second column, in 1926.1101. newly redesignated paragraph (k)(8)(vi)(B), lines 2 and 3 an corrected by removing the words "by weight". 429. On page 41141. in the second column, in $ 1926.1101, newly redesignated paragnph (k)(8](vii). line 12. tha number "(5)" is corrected to read "(6)". 34000 Federal Register / Voi. 60, No. 125 / Thursday, June 29. 1995 / Rules and Regulations 430. On page 41141.26 lines from the (vi) Training for employees (I) The names, addresses and phone bottom of the second column, in performing Class IV operations shall be numbers of public health organizations 1926.1101. paragraph (k)(8) is consistent wit.a EPA requirements for which provide information, materials redesignated as paragraph (k)(9) and is training of local education agency and/or conduct programs concerning corrected to read: maintenance and custodial staff as set smoking cessation. The employer m5y forth at 40 CFR 763.92(a)(1). Such a distribute the list of such organizations course shall include available contained in Appendix J to this section, (9) Employee Information and Training, (i) The employer shall, at no cost to the employee, institute a training program for all employees who are likely to be exposed in excess of a PEL and for all employees who perform Class I through IV asbestos operations, and shall ensure their participation in the program. (ii) Training shall be provided prior to or at the time of initial assignment and at least annually thereafter. (iii) Training for Class I operations shall be the equivalent in curriculum, training method and length to the EPA Model Accreditation Plan (MAP) asbestos abatement workers'training (40 CFR part 763, subpart E. appendix C). (ivj Training for Class II work. For information concerning the locations of to comply with this requirement: and thermal system insulation and surfacing ()) The requirements for posting signs ACM/PACM, and asbestos-containing and affixing labels and the meaning of flooring material, or flooring material the required legends for such signs and where the absence of asbestos has not labels. yet been certified: and instruction in recognition of damage, deterioration, 431. On page 41142. in the first and delamination of asbestos containing column, in 1926.1101, paragraph (k)(9) building materials. Such course shall' is redesignated as paragraph (k)(10). take at least 2 hours. 432. On page 41142. in the first (vii) Training for employees who are column, in 1928.1101, paragraph (1)(2). likely to be exposed in excess of the PEL line 7 is corrected by adding "except in and who are not otherwise required to roofing operations, where the be trained under paragraph (k)(9)(iii) procedures specified in paragraph through (vi) of this section, shall meet - (g)(8)(ii) of this section apply" after the the requirements of paragraph word "containers". (k)(9)(viii) of this section. 433. On page 41142. in $ 1926.1101, (viii) The training program shall be paragraph (l)(3)(i), line 1 of the second conducted in a manner that the column, the words "paragraph (g)" are work with asbestos containing material involving roofing materials, flooring materials, siding materials, ceiling tiles, employee is able to understand. In addition to the content required by provisions in paragraphs (k)(9)(iii) corrected to read "paragraph (g)(8)(i)(I)". 434. On page 41142. in the second column, in $ 1928.1101, the three _ or transits panels, training shall include through (vi) of this section, the paragraphs following the first paragraph at a minimum all the elements included employer shall ensure that each such (!)(3](i) are redesignated as paragraphs in paragraph (k)(9)(viii) of this section employee is informed of the following: (1)(3)(U), (l)(3)(iii), and (l)(3)(iv), and in addition, the specific work practices and engineering controls set (A) Methods of recognizing asbestos, respectively. including the requirement in paragraph 435. On page 41142. in the second forth in paragraph (g) of this section (k)(l) of this section to presume that column, in newly redesignated which specifically relate to that category. Such course shall include certain building materials contain asbestos: paragraph (l](3)(iii). line 3. the word "speed" is corrected to read, "speeds". "hands-on" training and shall take at (B) The health effects associated with 436. On page 41142, in the second least 8 hours. Exception: For other Class asbestos exposure: column, in $ 1928.1101, paragraph (1)(4) n operations, training shall be provided (C) The relationship between smoking introductory text is corrected to read: which shall include at a minimum all and asbestos in producing lung cancer: the elements included in paragraph (0) The nature of operations that (k)(9)(viii) of this section and in could result in exposure to asbestos, the (4) Waste and debris and addition, the specific work practices importance of necessary protective accompanying dust in an area and engineering controls set forth in controls to minimize exposure containing accessible thermal system paragraph (g) of this section which including, as applicable, engineering insulation or surfacing ACM/PACM or specifically relate to that category, and controls, work practices, respirators, shall include "hands-on" training. housekeeping procedures, hygiene visibly deteriorated ACM: m* (v) Training for Class in employees facilities, protective clothing, 437. On page 41142. in the second shall be consistent with EPA decontamination procedures, emergency column, in $ 1926.1101. paragraph requirements for training of local procedures, and waste disposal (l)(4)(ii). line 1. the word "clean" is education agency maintenance and procedures, and any necessary corrected to read "cleaned". custodial staff as set forth at 40 CFR instruction in the use of these controls 438. On page 41142, in the second 763.92(a)(2). Such a course shall also and procedures: where Class IQ and IV column, in 1926.1101, paragraph include "hands-on" training and shall work will be or is performed, the (l) (4)(H). line 2 is corrected by adding take at least 16 hours. Exception: For contqit*of EPA 20T-2003. "Managing the word "of after the word Class lit operations for which the Asbestos ln-?laca" July 1990 or its "disposed". competent person determines that the equivalent in content: 439. On page 41142. in the second EPA curriculum does not adequately (E) The purpose, proper use. fitting column, in $ 1926.1101, paragraph cover the training needed to perform instructions, ar.d limitations of that activity, training shall include as a respirators as required by 29 CFR (m) (l)(i) is corrected to read: * minimum all the elements included in 1910.134: (m)* paragraph (k)(9)(viii) of this section and (F) The appropriate work practices for in addition, the specific work practices performing the asbestos job; (1) * * * (i) Employees covered. (A) The and engineering controls set forth in (C) Medical surveillance program employer shall institute a program for paragraph (g) of this section which requirements: all employees who. for a combined total specifically relate to that activity, and (H) The content of this standard of 30 or more days per year, are engaged shall include "hands-on" training. including appendices; in Class I, II. or III work or are exposed Federal Register / Vol. 60. No. 125 / Thursday.. June 29. 1995 / Rules and Regulations 34001 ai or above the permissible exposure 448. On page 41143, in the `bird limit for a combined 30 days or more column, in 1926.1101. paragraph (o)(3) per year. For purposes of this introductory text, line 10, the words subparagraph, any day in which a "Class II and 111" are corrected to read worker engages in Class II or Class III "Class II. III. and IV". work or a combination thereof for one 449. On page 41143, in the third hour or less and. while doing so. column, in 1926.1101, paragraph adheres fully to the work practices (o)(3)(i) introductory text, line 4. the specified in this standard, shall not be words "paragraph (g)(1)" are corrected counted. to read "paragraph (e)(6)". (B) For employees otherwise required 450. On page 41144. in the firqt by this standard to wear a negative column, in 1926.1101, paragraph pressure respirator, employers shall (o](3)(i](E). line 3. the words "protective ensure employees are physically able to clothing" are corrected to reed perform the work and use the equipment. This determination shall be made under the supervision of a physician. ft * "respirators". 451. On page 41144, in the first column, in 1926.1101, paragraph (o)(3)(i)(E), line 4. the word "respirators" is corrected to read 440. On page 41142. in the second column, in 1926.1101. paragraph (m)(l)(ii) heading, line 1 is corrected by removing the words "by a physician". 441. On page 41142, in the second column, in 1926.1101. paragraph (m)(2)(i)(B) is corrected to read: * * (ml* * * (2)* * * (i)* * * (B) When the employee is assigned to an area where exposure to asbestos may be at or above the permissible exposure limit for 30 or more days per year, or engage in Class I. II. or III work for a combined total of 30 or more days per year, a medical examination must be given within 10 working days following the thirtieth day of exposure: ft "protective clothing". 452. On page 41144. in the first column, in 1926.1101, paragraph (o)(3)(i)(F), line 2, the words "set up" are corrected to read "set up, use.", 453. On page 41144, in the first column, in 1926.1101. paragraph (o)(3)(i](H). line 1, the word "though" is corrected to read "through". 454. On page 41144, in the first column, in 1926.1101, paragraph (o)(3)(i)(H). line 2 is corrected by adding a comma alter tha word "inspection". 455. On page 41144. in the first column, in 1926.1101, pangnph (o)(3](i](Q, line 2, tha words "paragraph (f)(6)" are corrected to read "paragraph fk)". 456. On page 41144, in the first column, in $ 1926.1101. pangnph (o)(3)(ii) is added and reserved. 457. On page 41144, in the first 442. On page 41142. in the third column, in 1926.1101. pangnph column, in 1926.1101. paragraph (o)(4)(i), lines 12 through IS an (m) (3)(ij, line 2 is corrected by removing corrected to read, "that meets the the letter "G,". criteria of EPA's Model Accredited Plan 443. On page 41143. in the first (40 CFR part 763) or a course equivalent column, in $ 1926.1101. paragraph in stringency, content, and length." (n) (l)(i). line 3. the word "demonstrate" 458. On page 41144. in the first to is corrected to read "demonstrates". ` second column, in 1926.1101, 444. On page 41143. in the first paragraph (o)(4)(ii). lines 11 through 17 column, in $ 1926.1101, pangraph are corrected to read, "course that is (n)(l](i), tine 4 is corrected by adding consistent with EPA requirements for the words "or the activity involving- training of local education agency such products or material" after the maintenance and custodial staff as set words "containing asbeatos". forth at 40 CFR 763.92(a)(2), or its 445. On page 41143, in the second equivalent in stringency, content, and column, in $1926.1101. pangnph length.". (n)(4), line 3, the number "1" is corrected by enclosing it in pannthesis to read "(l)". 446. On page 41143. in the second column, in 1926.1101. paragraph (n)(5). line 5, the word "far" is corrected to read "for". 447. On page 41143. in the third column, in 1926.1101. paragraph (o)(3) Appendix 3 to 1928.1101 [Corrected] 458a. On page 41144, in the third column, the heading for Appendix B to $ 1926.1101 is corrected to read: Appendix B to 1926.1101--Sampling and Analysis (Non-Mandatory) eat# introductory text, line 6. the words 459. On page 41145. in 1926.1101. "(p)(3) ft) and (ii)" are corrected to read in Appendix B. the table is corrected so (oK3)(i)". that the word "Air" is removed from between the double lines at the beginning and added following the word "Matrix". 460. On page 41145. in the second column, in 1926.1101. in Appendix B. under "1. Introduction." in the definition of " Walton-Beckett Graticule," line 11. the number "2" is corrected to read "1". 461. On page 41145. in the second column, in 1926.1101. in Appendix B. in the paragraph under the heading entitled "1.2 Principle." tine 6 is corrected by removing the word "a". 462. On page 41146. in the second column, in $ 1926.1101, In Appendix B, under the heading entitled "4. Interferences." in the second paragraph, the list of common fibers is corrected to read: ft ft ft ft ft 4. Interferences ft* * ft ft fiberglass anhydrite plant fibers perlite veins gypsum some synthetic fibers ' membrane structures sponge spicults diatoms microorganisms wollastonite ft ft ft ft 463. On page 41146, in the second column, in $ 1926.1101, in Appendix B. under the heading entitled "S.l.l Sample assembly." in the first paragraph, tine 8. the number "0.8-" is corrected to read "0.4". 464. On page 41146. in the second column, in $ 1926.1101. in Appendix B. under the heading entitled "5.2.2 Sample assembly," a new note (e) is addmi to read: * * * J.i.l * * Notts: (t) Other cassattts, such as tht Ball-mouth, may be usad within tha limits of thair validation. ft ftft ft 466. On page 41146, in the second column, in $ 1926.1101, in Appendix B. under the heading entitled "5.1.3 Sampling pump," Unas 5 and 6. the words "2.5 liters per minute (l/min)" are corrected to read "the collection rate". 466. On page 41146. in the second column, in $ 1926.1101, in Appendix B. in the paragraph entitled "SJ.1." line 2 is corrected by removing the words "(see Figure 3)". 467. On page 41146. in the third column, in $ 1926.1101. in Appendix B. under the heading entitled "5.2.5." lines 8 and 9 of the "Note" are corrected to 34002 Federal Register / Vol. 60. No. 125 / Thursday. June 29, 1995 / Rules and Regulations reed. "pressure changes, correct the flow rate using the formula shown in the section "Sampling Pump Flow Rate Corrections" at the and of this appendix". 468. On page 41147. in the first column, in 1926.1101. in Appendix B. the paragraph entitled "5.2.11" is corrected to read: .* 5. * * * 5.2* * * 5.2.11 Attach and secure a sample seal around each sample cassette in such a way as to assure that the end cap and base plugs cannot be removed without destroying the seal. Tape the ends of the seal together since the seal is not long enough to be wrapped endto-end. Abo wrap tape around the cassette at each joint to keep the seal secure. 469. On page 41147. in the first column, in $ 1926.1101, in Appendix B, in the paragraph entitled "5.5.2." line B, the words "without rattling" are corrected to read "in such a manner that they will not rattle". 470. On page 41148, in the first column, in S 1926.1101. in Appendix B. under the heading entitled "6.5.2 Counting Fibers." paragraph (9). line 5. the number "2" is corrected to read "1". 471. On page 41146, in the third column, in 1926.1101, in Appendix B, under the heading entitled "7.3. Recount Calculations." the formula in the third paragraph is corrected to read: 7.3. Recount Calculation* l^/AC^ - > 2.78 x (VACAvc) * CVra 472. On page 41149. in the first column, in $ 1926.1101. in Appendix B, under the heading entitled "Quality Control." in the first paragraph, lines 6 and 7 are corrected by removing the words "for the CV curve shown below". Appendix F to 1926.1101 [Corrected] 472a. On page 41150, in the second column, the heading of Appendix F to S 1926.1101 is corrected to read: Appendix F to $ 1928.1101--Work Practices and Engineering Controls for Class t Asbestos Operations (NonMandatary) * 473. On page 411S2. in the third column, in 1926.1101, in Appendix F. under the heeding entitled "Cleaning the Work Area," in the second paragraph, line 4. the word "encapsulate" is corrected to read "encapsulant". Appendix H to s 1926.1101 [Corrected) 474. On page 411S3. in the first column, in 1926.1101, in Appendix H, under the heeding entitled "in. Respirators and Protective Clothing." paragraph A, line 17 is corrected by adding the word "a" after the word "conduct". 475. On page 41153. in the first column, in $ l926.U0t. in Appendix H. under the beading entitled "IV. Disposal Procedures and Clean-ap." paragraph E. line 1. the word "if' is corrected to read "is". 476. On page 41153, in the second column, in $ 1926.1101, in Appendix H. under the heading entitled "V. Access to Information" paragraph B. line 5. the word "trowled-on" is corrected to read "troweled-on". Appendix K to 1926.1101 [Corrected] 477. On page 41155, in the second column, in 1926.1101, in Appendix K, under the heading entitled "1.8 Toxicology," line 9 Is corrected by adding the words "and 29 CFR 1915.1001" tfter the number "1926.1101". 478. On page 41155. In the third column, in $ 1926.1101, in Appendix K. under the heeding entitled "2.4 Shipment," paragraph (a). line 2 is corrected by removing the words "(such as the QSHA 21)". Signed st Washington, D.C this 20th day of)ubs, 1995. loesph A. Otar, Assistant Secretary, Occupational Safetyand Health Administration. (FR Doc. 95-15489 Filed 6-25-95; 8:45 ami eajjM ooo< ata-ts-r Vi