[Code of Federal Regulations]
[Title 40, Volume 8]
[Revised as of July 1, 2001]
From the U.S. Government Printing Office via GPO Access
[CITE: 40CFR61]
[Page 81-115]
TITLE 40--PROTECTION OF ENVIRONMENT
CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY
PART 61--NATIONAL EMISSION STANDARDS FOR HAZARDOUS AIR POLLUTANTS--Table of Contents
Subpart M--National Emission Standard for Asbestos
Authority: 42 U.S.C. 7401, 7412, 7414, 7416, 7601.
Source: 49 FR 13661, Apr. 5, 1984, unless otherwise noted.
Sec. 61.140 Applicability.
The provisions of this subpart are applicable to those sources
specified in
[[Page 82]]
Sec. Sec. 61.142 through 61.151, 61.154, and 61.155.
[55 FR 48414, Nov. 20, 1990]
Sec. 61.141 Definitions.
All terms that are used in this subpart and are not defined below
are given the same meaning as in the Act and in subpart A of this part.
Active waste disposal site means any disposal site other than an
inactive site.
Adequately wet means sufficiently mix or penetrate with liquid to
prevent the release of particulates. If visible emissions are observed
coming from asbestos-containing material, then that material has not
been adequately wetted. However, the absence of visible emissions is not
sufficient evidence of being adequately wet.
Asbestos means the asbestiform varieties of serpentinite
(chrysotile), riebeckite (crocidolite), cummingtonite-grunerite,
anthophyllite, and actinolite-tremolite.
Asbestos-containing waste materials means mill tailings or any waste
that contains commercial asbestos and is generated by a source subject
to the provisions of this subpart. This term includes filters from
control devices, friable asbestos waste material, and bags or other
similar packaging contaminated with commercial asbestos. As applied to
demolition and renovation operations, this term also includes regulated
asbestos-containing material waste and materials contaminated with
asbestos including disposable equipment and clothing.
Asbestos mill means any facility engaged in converting, or in any
intermediate step in converting, asbestos ore into commercial asbestos.
Outside storage of asbestos material is not considered a part of the
asbestos mill.
Asbestos tailings means any solid waste that contains asbestos and
is a product of asbestos mining or milling operations.
Asbestos waste from control devices means any waste material that
contains asbestos and is collected by a pollution control device.
Category I nonfriable asbestos-containing material (ACM) means
asbestos-containing packings, gaskets, resilient floor covering, and
asphalt roofing products containing more than 1 percent asbestos as
determined using the method specified in appendix E, subpart E, 40 CFR
part 763, section 1, Polarized Light Microscopy.
Category II nonfriable ACM means any material, excluding Category I
nonfriable ACM, containing more than 1 percent asbestos as determined
using the methods specified in appendix E, subpart E, 40 CFR part 763,
section 1, Polarized Light Microscopy that, when dry, cannot be
crumbled, pulverized, or reduced to powder by hand pressure.
Commercial asbestos means any material containing asbestos that is
extracted from ore and has value because of its asbestos content.
Cutting means to penetrate with a sharp-edged instrument and
includes sawing, but does not include shearing, slicing, or punching.
Demolition means the wrecking or taking out of any load-supporting
structural member of a facility together with any related handling
operations or the intentional burning of any facility.
Emergency renovation operation means a renovation operation that was
not planned but results from a sudden, unexpected event that, if not
immediately attended to, presents a safety or public health hazard, is
necessary to protect equipment from damage, or is necessary to avoid
imposing an unreasonable financial burden. This term includes operations
necessitated by nonroutine failures of equipment.
Fabricating means any processing (e.g., cutting, sawing, drilling)
of a manufactured product that contains commercial asbestos, with the
exception of processing at temporary sites (field fabricating) for the
construction or restoration of facilities. In the case of friction
products, fabricating includes bonding, debonding, grinding, sawing,
drilling, or other similar operations performed as part of fabricating.
Facility means any institutional, commercial, public, industrial, or
residential structure, installation, or building (including any
structure, installation, or building containing condominiums or
individual dwelling units operated as a residential cooperative, but
excluding residential buildings having four or fewer dwelling units);
[[Page 83]]
any ship; and any active or inactive waste disposal site. For purposes
of this definition, any building, structure, or installation that
contains a loft used as a dwelling is not considered a residential
structure, installation, or building. Any structure, installation or
building that was previously subject to this subpart is not excluded,
regardless of its current use or function.
Facility component means any part of a facility including equipment.
Friable asbestos material means any material containing more than 1
percent asbestos as determined using the method specified in appendix E,
subpart E, 40 CFR part 763, section 1, Polarized Light Microscopy, that,
when dry, can be crumbled, pulverized, or reduced to powder by hand
pressure. If the asbestos content is less than 10 percent as determined
by a method other than point counting by polarized light microscopy
(PLM), verify the asbestos content by point counting using PLM.
Fugitive source means any source of emissions not controlled by an
air pollution control device.
Glove bag means a sealed compartment with attached inner gloves used
for the handling of asbestos-containing materials. Properly installed
and used, glove bags provide a small work area enclosure typically used
for small-scale asbestos stripping operations. Information on glove-bag
installation, equipment and supplies, and work practices is contained in
the Occupational Safety and Health Administration's (OSHA's) final rule
on occupational exposure to asbestos (appendix G to 29 CFR 1926.58).
Grinding means to reduce to powder or small fragments and includes
mechanical chipping or drilling.
In poor condition means the binding of the material is losing its
integrity as indicated by peeling, cracking, or crumbling of the
material.
Inactive waste disposal site means any disposal site or portion of
it where additional asbestos-containing waste material has not been
deposited within the past year.
Installation means any building or structure or any group of
buildings or structures at a single demolition or renovation site that
are under the control of the same owner or operator (or owner or
operator under common control).
Leak-tight means that solids or liquids cannot escape or spill out.
It also means dust-tight.
Malfunction means any sudden and unavoidable failure of air
pollution control equipment or process equipment or of a process to
operate in a normal or usual manner so that emissions of asbestos are
increased. Failures of equipment shall not be considered malfunctions if
they are caused in any way by poor maintenance, careless operation, or
any other preventable upset conditions, equipment breakdown, or process
failure.
Manufacturing means the combining of commercial asbestos--or, in the
case of woven friction products, the combining of textiles containing
commercial asbestos--with any other material(s), including commercial
asbestos, and the processing of this combination into a product.
Chlorine production is considered a part of manufacturing.
Natural barrier means a natural object that effectively precludes or
deters access. Natural barriers include physical obstacles such as
cliffs, lakes or other large bodies of water, deep and wide ravines, and
mountains. Remoteness by itself is not a natural barrier.
Nonfriable asbestos-containing material means any material
containing more than 1 percent asbestos as determined using the method
specified in appendix E, subpart E, 40 CFR part 763, section 1,
Polarized Light Microscopy, that, when dry, cannot be crumbled,
pulverized, or reduced to powder by hand pressure.
Nonscheduled renovation operation means a renovation operation
necessitated by the routine failure of equipment, which is expected to
occur within a given period based on past operating experience, but for
which an exact date cannot be predicted.
Outside air means the air outside buildings and structures,
including, but not limited to, the air under a bridge or in an open air
ferry dock.
Owner or operator of a demolition or renovation activity means any
person who owns, leases, operates, controls, or supervises the facility
being demolished or renovated or any person who
[[Page 84]]
owns, leases, operates, controls, or supervises the demolition or
renovation operation, or both.
Particulate asbestos material means finely divided particles of
asbestos or material containing asbestos.
Planned renovation operations means a renovation operation, or a
number of such operations, in which some RACM will be removed or
stripped within a given period of time and that can be predicted.
Individual nonscheduled operations are included if a number of such
operations can be predicted to occur during a given period of time based
on operating experience.
Regulated asbestos-containing material (RACM) means (a) Friable
asbestos material, (b) Category I nonfriable ACM that has become
friable, (c) Category I nonfriable ACM that will be or has been
subjected to sanding, grinding, cutting, or abrading, or (d) Category II
nonfriable ACM that has a high probability of becoming or has become
crumbled, pulverized, or reduced to powder by the forces expected to act
on the material in the course of demolition or renovation operations
regulated by this subpart.
Remove means to take out RACM or facility components that contain or
are covered with RACM from any facility.
Renovation means altering a facility or one or more facility
components in any way, including the stripping or removal of RACM from a
facility component. Operations in which load-supporting structural
members are wrecked or taken out are demolitions.
Resilient floor covering means asbestos-containing floor tile,
including asphalt and vinyl floor tile, and sheet vinyl floor covering
containing more than 1 percent asbestos as determined using polarized
light microscopy according to the method specified in appendix E,
subpart E, 40 CFR part 763, section 1, Polarized Light Microscopy.
Roadways means surfaces on which vehicles travel. This term includes
public and private highways, roads, streets, parking areas, and
driveways.
Strip means to take off RACM from any part of a facility or facility
components.
Structural member means any load-supporting member of a facility,
such as beams and load supporting walls; or any nonload-supporting
member, such as ceilings and nonload-supporting walls.
Visible emissions means any emissions, which are visually detectable
without the aid of instruments, coming from RACM or asbestos-containing
waste material, or from any asbestos milling, manufacturing, or
fabricating operation. This does not include condensed, uncombined water
vapor.
Waste generator means any owner or operator of a source covered by
this subpart whose act or process produces asbestos-containing waste
material.
Waste shipment record means the shipping document, required to be
originated and signed by the waste generator, used to track and
substantiate the disposition of asbestos-containing waste material.
Working day means Monday through Friday and includes holidays that
fall on any of the days Monday through Friday.
[49 FR 13661, Apr. 5, 1984; 49 FR 25453, June 21, 1984, as amended by 55
FR 48414, Nov. 20, 1990; 56 FR 1669, Jan. 16, 1991; 60 FR 31920, June
19, 1995]
Sec. 61.142 Standard for asbestos mills.
(a) Each owner or operator of an asbestos mill shall either
discharge no visible emissions to the outside air from that asbestos
mill, including fugitive sources, or use the methods specified by
Sec. 61.152 to clean emissions containing particulate asbestos material
before they escape to, or are vented to, the outside air.
(b) Each owner or operator of an asbestos mill shall meet the
following requirements:
(1) Monitor each potential source of asbestos emissions from any
part of the mill facility, including air cleaning devices, process
equipment, and buildings that house equipment for material processing
and handling, at least once each day, during daylight hours, for visible
emissions to the outside air during periods of operation. The monitoring
shall be by visual observation of at least 15 seconds duration per
source of emissions.
(2) Inspect each air cleaning device at least once each week for
proper operation and for changes that signal the potential for
malfunction, including, to
[[Page 85]]
the maximum extent possible without dismantling other than opening the
device, the presence of tears, holes, and abrasions in filter bags and
for dust deposits on the clean side of bags. For air cleaning devices
that cannot be inspected on a weekly basis according to this paragraph,
submit to the Administrator, and revise as necessary, a written
maintenance plan to include, at a minimum, the following:
(i) Maintenance schedule.
(ii) Recordkeeping plan.
(3) Maintain records of the results of visible emissions monitoring
and air cleaning device inspections using a format similar to that shown
in Figures 1 and 2 and include the following:
(i) Date and time of each inspection.
(ii) Presence or absence of visible emissions.
(iii) Condition of fabric filters, including presence of any tears,
holes, and abrasions.
(iv) Presence of dust deposits on clean side of fabric filters.
(v) Brief description of corrective actions taken, including date
and time.
(vi) Daily hours of operation for each air cleaning device.
(4) Furnish upon request, and make available at the affected
facility during normal business hours for inspection by the
Administrator, all records required under this section.
(5) Retain a copy of all monitoring and inspection records for at
least 2 years.
(6) Submit semiannually a copy of visible emission monitoring
records to the Administrator if visible emissions occurred during the
report period. Semiannual reports shall be postmarked by the 30th day
following the end of the six-month period.
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[GRAPHIC] [TIFF OMITTED] TC01MY92.000
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[GRAPHIC] [TIFF OMITTED] TC01MY92.001
[55 FR 48416, Nov. 20, 1990, as amended at 64 FR 7467, Feb. 12, 1999]
Sec. 61.143 Standard for roadways.
No person may construct or maintain a roadway with asbestos tailings
or asbestos-containing waste material on that roadway, unless, for
asbestos tailings.
[[Page 88]]
(a) It is a temporary roadway on an area of asbestos ore deposits
(asbestos mine): or
(b) It is a temporary roadway at an active asbestos mill site and is
encapsulated with a resinous or bituminous binder. The encapsulated road
surface must be maintained at a minimum frequency of once per year to
prevent dust emissions; or
(c) It is encapsulated in asphalt concrete meeting the
specifications contained in section 401 of Standard Specifications for
Construction of Roads and Bridges on Federal Highway Projects, FP-85,
1985, or their equivalent.
[55 FR 48419, Nov. 20, 1990; 56 FR 1669, Jan. 16, 1991]
Sec. 61.144 Standard for manufacturing.
(a) Applicability. This section applies to the following
manufacturing operations using commercial asbestos.
(1) The manufacture of cloth, cord, wicks, tubing, tape, twine,
rope, thread, yarn, roving, lap, or other textile materials.
(2) The manufacture of cement products.
(3) The manufacture of fireproofing and insulating materials.
(4) The manufacture of friction products.
(5) The manufacture of paper, millboard, and felt.
(6) The manufacture of floor tile.
(7) The manufacture of paints, coatings, caulks, adhesives, and
sealants.
(8) The manufacture of plastics and rubber materials.
(9) The manufacture of chlorine utilizing asbestos diaphragm
technology.
(10) The manufacture of shotgun shell wads.
(11) The manufacture of asphalt concrete.
(b) Standard. Each owner or operator of any of the manufacturing
operations to which this section applies shall either:
(1) Discharge no visible emissions to the outside air from these
operations or from any building or structure in which they are conducted
or from any other fugitive sources; or
(2) Use the methods specified by Sec. 61.152 to clean emissions from
these operations containing particulate asbestos material before they
escape to, or are vented to, the outside air.
(3) Monitor each potential source of asbestos emissions from any
part of the manufacturing facility, including air cleaning devices,
process equipment, and buildings housing material processing and
handling equipment, at least once each day during daylight hours for
visible emissions to the outside air during periods of operation. The
monitoring shall be by visual observation of at least 15 seconds
duration per source of emissions.
(4) Inspect each air cleaning device at least once each week for
proper operation and for changes that signal the potential for
malfunctions, including, to the maximum extent possible without
dismantling other than opening the device, the presence of tears, holes,
and abrasions in filter bags and for dust deposits on the clean side of
bags. For air cleaning devices that cannot be inspected on a weekly
basis according to this paragraph, submit to the Administrator, and
revise as necessary, a written maintenance plan to include, at a
minimum, the following:
(i) Maintenance schedule.
(ii) Recordkeeping plan.
(5) Maintain records of the results of visible emission monitoring
and air cleaning device inspections using a format similar to that shown
in Figures 1 and 2 and include the following.
(i) Date and time of each inspection.
(ii) Presence or absence of visible emissions.
(iii) Condition of fabric filters, including presence of any tears,
holes and abrasions.
(iv) Presence of dust deposits on clean side of fabric filters.
(v) Brief description of corrective actions taken, including date
and time.
(vi) Daily hours of operation for each air cleaning device.
(6) Furnish upon request, and make available at the affected
facility during normal business hours for inspection by the
Administrator, all records required under this section.
(7) Retain a copy of all monitoring and inspection records for at
least 2 years.
(8) Submit semiannually a copy of the visible emission monitoring
records to the Administrator if visible
[[Page 89]]
emission occurred during the report period. Semiannual reports shall be
postmarked by the 30th day following the end of the six-month period.
[49 FR 13661, Apr. 5, 1984, as amended at 55 FR 48419, Nov. 20, 1990; 56
FR 1669, Jan. 16, 1991; 64 FR 7467, Feb. 12, 1999]
Sec. 61.145 Standard for demolition and renovation.
(a) Applicability. To determine which requirements of paragraphs
(a), (b), and (c) of this section apply to the owner or operator of a
demolition or renovation activity and prior to the commencement of the
demolition or renovation, thoroughly inspect the affected facility or
part of the facility where the demolition or renovation operation will
occur for the presence of asbestos, including Category I and Category II
nonfriable ACM. The requirements of paragraphs (b) and (c) of this
section apply to each owner or operator of a demolition or renovation
activity, including the removal of RACM as follows:
(1) In a facility being demolished, all the requirements of
paragraphs (b) and (c) of this section apply, except as provided in
paragraph (a)(3) of this section, if the combined amount of RACM is
(i) At least 80 linear meters (260 linear feet) on pipes or at least
15 square meters (160 square feet) on other facility components, or
(ii) At least 1 cubic meter (35 cubic feet) off facility components
where the length or area could not be measured previously.
(2) In a facility being demolished, only the notification
requirements of paragraphs (b)(1), (2), (3)(i) and (iv), and (4)(i)
through (vii) and (4)(ix) and (xvi) of this section apply, if the
combined amount of RACM is
(i) Less than 80 linear meters (260 linear feet) on pipes and less
than 15 square meters (160 square feet) on other facility components,
and
(ii) Less than one cubic meter (35 cubic feet) off facility
components where the length or area could not be measured previously or
there is no asbestos.
(3) If the facility is being demolished under an order of a State or
local government agency, issued because the facility is structurally
unsound and in danger of imminent collapse, only the requirements of
paragraphs (b)(1), (b)(2), (b)(3)(iii), (b)(4) (except (b)(4)(viii)),
(b)(5), and (c)(4) through (c)(9) of this section apply.
(4) In a facility being renovated, including any individual
nonscheduled renovation operation, all the requirements of paragraphs
(b) and (c) of this section apply if the combined amount of RACM to be
stripped, removed, dislodged, cut, drilled, or similarly disturbed is
(i) At least 80 linear meters (260 linear feet) on pipes or at least
15 square meters (160 square feet) on other facility components, or
(ii) At least 1 cubic meter (35 cubic feet) off facility components
where the length or area could not be measured previously.
(iii) To determine whether paragraph (a)(4) of this section applies
to planned renovation operations involving individual nonscheduled
operations, predict the combined additive amount of RACM to be removed
or stripped during a calendar year of January 1 through December 31.
(iv) To determine whether paragraph (a)(4) of this section applies
to emergency renovation operations, estimate the combined amount of RACM
to be removed or stripped as a result of the sudden, unexpected event
that necessitated the renovation.
(5) Owners or operators of demolition and renovation operations are
exempt from the requirements of Secs. 61.05(a), 61.07, and 61.09.
(b) Notification requirements. Each owner or operator of a
demolition or renovation activity to which this section applies shall:
(1) Provide the Administrator with written notice of intention to
demolish or renovate. Delivery of the notice by U.S. Postal Service,
commercial delivery service, or hand delivery is acceptable.
(2) Update notice, as necessary, including when the amount of
asbestos affected changes by at least 20 percent.
(3) Postmark or deliver the notice as follows:
(i) At least 10 working days before asbestos stripping or removal
work or any other activity begins (such as site
[[Page 90]]
preparation that would break up, dislodge or similarly disturb asbestos
material), if the operation is described in paragraphs (a) (1) and (4)
(except (a)(4)(iii) and (a)(4)(iv)) of this section. If the operation is
as described in paragraph (a)(2) of this section, notification is
required 10 working days before demolition begins.
(ii) At least 10 working days before the end of the calendar year
preceding the year for which notice is being given for renovations
described in paragraph (a)(4)(iii) of this section.
(iii) As early as possible before, but not later than, the following
working day if the operation is a demolition ordered according to
paragraph (a)(3) of this section or, if the operation is a renovation
described in paragraph (a)(4)(iv) of this section.
(iv) For asbestos stripping or removal work in a demolition or
renovation operation, described in paragraphs (a) (1) and (4) (except
(a)(4)(iii) and (a)(4)(iv)) of this section, and for a demolition
described in paragraph (a)(2) of this section, that will begin on a date
other than the one contained in the original notice, notice of the new
start date must be provided to the Administrator as follows:
(A) When the asbestos stripping or removal operation or demolition
operation covered by this paragraph will begin after the date contained
in the notice,
(1) Notify the Administrator of the new start date by telephone as
soon as possible before the original start date, and
(2) Provide the Administrator with a written notice of the new start
date as soon as possible before, and no later than, the original start
date. Delivery of the updated notice by the U.S. Postal Service,
commercial delivery service, or hand delivery is acceptable.
(B) When the asbestos stripping or removal operation or demolition
operation covered by this paragraph will begin on a date earlier than
the original start date,
(1) Provide the Administrator with a written notice of the new start
date at least 10 working days before asbestos stripping or removal work
begins.
(2) For demolitions covered by paragraph (a)(2) of this section,
provide the Administrator written notice of a new start date at least 10
working days before commencement of demolition. Delivery of updated
notice by U.S. Postal Service, commercial delivery service, or hand
delivery is acceptable.
(C) In no event shall an operation covered by this paragraph begin
on a date other than the date contained in the written notice of the new
start date.
(4) Include the following in the notice:
(i) An indication of whether the notice is the original or a revised
notification.
(ii) Name, address, and telephone number of both the facility owner
and operator and the asbestos removal contractor owner or operator.
(iii) Type of operation: demolition or renovation.
(iv) Description of the facility or affected part of the facility
including the size (square meters [square feet] and number of floors),
age, and present and prior use of the facility.
(v) Procedure, including analytical methods, employed to detect the
presence of RACM and Category I and Category II nonfriable ACM.
(vi) Estimate of the approximate amount of RACM to be removed from
the facility in terms of length of pipe in linear meters (linear feet),
surface area in square meters (square feet) on other facility
components, or volume in cubic meters (cubic feet) if off the facility
components. Also, estimate the approximate amount of Category I and
Category II nonfriable ACM in the affected part of the facility that
will not be removed before demolition.
(vii) Location and street address (including building number or name
and floor or room number, if appropriate), city, county, and state, of
the facility being demolished or renovated.
(viii) Scheduled starting and completion dates of asbestos removal
work (or any other activity, such as site preparation that would break
up, dislodge, or similarly disturb asbestos material) in a demolition or
renovation; planned renovation operations involving individual
nonscheduled operations shall only include the beginning and ending
dates of the report period as described in paragraph (a)(4)(iii) of this
section.
[[Page 91]]
(ix) Scheduled starting and completion dates of demolition or
renovation.
(x) Description of planned demolition or renovation work to be
performed and method(s) to be employed, including demolition or
renovation techniques to be used and description of affected facility
components.
(xi) Description of work practices and engineering controls to be
used to comply with the requirements of this subpart, including asbestos
removal and waste-handling emission control procedures.
(xii) Name and location of the waste disposal site where the
asbestos-containing waste material will be deposited.
(xiii) A certification that at least one person trained as required
by paragraph (c)(8) of this section will supervise the stripping and
removal described by this notification. This requirement shall become
effective 1 year after promulgation of this regulation.
(xiv) For facilities described in paragraph (a)(3) of this section,
the name, title, and authority of the State or local government
representative who has ordered the demolition, the date that the order
was issued, and the date on which the demolition was ordered to begin. A
copy of the order shall be attached to the notification.
(xv) For emergency renovations described in paragraph (a)(4)(iv) of
this section, the date and hour that the emergency occurred, a
description of the sudden, unexpected event, and an explanation of how
the event caused an unsafe condition, or would cause equipment damage or
an unreasonable financial burden.
(xvi) Description of procedures to be followed in the event that
unexpected RACM is found or Category II nonfriable ACM becomes crumbled,
pulverized, or reduced to powder.
(xvii) Name, address, and telephone number of the waste transporter.
(5) The information required in paragraph (b)(4) of this section
must be reported using a form similiar to that shown in Figure 3.
(c) Procedures for asbestos emission control. Each owner or operator
of a demolition or renovation activity to whom this paragraph applies,
according to paragraph (a) of this section, shall comply with the
following procedures:
(1) Remove all RACM from a facility being demolished or renovated
before any activity begins that would break up, dislodge, or similarly
disturb the material or preclude access to the material for subsequent
removal. RACM need not be removed before demolition if:
(i) It is Category I nonfriable ACM that is not in poor condition
and is not friable.
(ii) It is on a facility component that is encased in concrete or
other similarly hard material and is adequately wet whenever exposed
during demolition; or
(iii) It was not accessible for testing and was, therefore, not
discovered until after demolition began and, as a result of the
demolition, the material cannot be safely removed. If not removed for
safety reasons, the exposed RACM and any asbestos-contaminated debris
must be treated as asbestos-containing waste material and adequately wet
at all times until disposed of.
(iv) They are Category II nonfriable ACM and the probability is low
that the materials will become crumbled, pulverized, or reduced to
powder during demolition.
(2) When a facility component that contains, is covered with, or is
coated with RACM is being taken out of the facility as a unit or in
sections:
(i) Adequately wet all RACM exposed during cutting or disjoining
operations; and
(ii) Carefully lower each unit or section to the floor and to ground
level, not dropping, throwing, sliding, or otherwise damaging or
disturbing the RACM.
(3) When RACM is stripped from a facility component while it remains
in place in the facility, adequately wet the RACM during the stripping
operation.
(i) In renovation operations, wetting is not required if:
(A) The owner or operator has obtained prior written approval from
the Administrator based on a written application that wetting to comply
with
[[Page 92]]
this paragraph would unavoidably damage equipment or present a safety
hazard; and
(B) The owner or operator uses of the following emission control
methods:
(1) A local exhaust ventilation and collection system designed and
operated to capture the particulate asbestos material produced by the
stripping and removal of the asbestos materials. The system must exhibit
no visible emissions to the outside air or be designed and operated in
accordance with the requirements in Sec. 61.152.
(2) A glove-bag system designed and operated to contain the
particulate asbestos material produced by the stripping of the asbestos
materials.
(3) Leak-tight wrapping to contain all RACM prior to dismantlement.
(ii) In renovation operations where wetting would result in
equipment damage or a safety hazard, and the methods allowed in
paragraph (c)(3)(i) of this section cannot be used, another method may
be used after obtaining written approval from the Administrator based
upon a determination that it is equivalent to wetting in controlling
emissions or to the methods allowed in paragraph (c)(3)(i) of this
section.
(iii) A copy of the Administrator's written approval shall be kept
at the worksite and made available for inspection.
(4) After a facility component covered with, coated with, or
containing RACM has been taken out of the facility as a unit or in
sections pursuant to paragraph (c)(2) of this section, it shall be
stripped or contained in leak-tight wrapping, except as described in
paragraph (c)(5) of this section. If stripped, either:
(i) Adequately wet the RACM during stripping; or
(ii) Use a local exhaust ventilation and collection system designed
and operated to capture the particulate asbestos material produced by
the stripping. The system must exhibit no visible emissions to the
outside air or be designed and operated in accordance with the
requirements in Sec. 61.152.
(5) For large facility components such as reactor vessels, large
tanks, and steam generators, but not beams (which must be handled in
accordance with paragraphs (c)(2), (3), and (4) of this section), the
RACM is not required to be stripped if the following requirements are
met:
(i) The component is removed, transported, stored, disposed of, or
reused without disturbing or damaging the RACM.
(ii) The component is encased in a leak-tight wrapping.
(iii) The leak-tight wrapping is labeled according to
Sec. 61.149(d)(1)(i), (ii), and (iii) during all loading and unloading
operations and during storage.
(6) For all RACM, including material that has been removed or
stripped:
(i) Adequately wet the material and ensure that it remains wet until
collected and contained or treated in preparation for disposal in
accordance with Sec. 61.150; and
(ii) Carefully lower the material to the ground and floor, not
dropping, throwing, sliding, or otherwise damaging or disturbing the
material.
(iii) Transport the material to the ground via leak-tight chutes or
containers if it has been removed or stripped more than 50 feet above
ground level and was not removed as units or in sections.
(iv) RACM contained in leak-tight wrapping that has been removed in
accordance with paragraphs (c)(4) and (c)(3)(i)(B)(3) of this section
need not be wetted.
(7) When the temperature at the point of wetting is below 0 deg.C
(32 deg.F):
(i) The owner or operator need not comply with paragraph (c)(2)(i)
and the wetting provisions of paragraph (c)(3) of this section.
(ii) The owner or operator shall remove facility components
containing, coated with, or covered with RACM as units or in sections to
the maximum extent possible.
(iii) During periods when wetting operations are suspended due to
freezing temperatures, the owner or operator must record the temperature
in the area containing the facility components at the beginning, middle,
and end of each workday and keep daily temperature records available for
inspection by the Administrator during normal business hours at the
demolition
[[Page 93]]
or renovation site. The owner or operator shall retain the temperature
records for at least 2 years.
(8) Effective 1 year after promulgation of this regulation, no RACM
shall be stripped, removed, or otherwise handled or disturbed at a
facility regulated by this section unless at least one on-site
representative, such as a foreman or management-level person or other
authorized representative, trained in the provisions of this regulation
and the means of complying with them, is present. Every 2 years, the
trained on-site individual shall receive refresher training in the
provisions of this regulation. The required training shall include as a
minimum: applicability; notifications; material identification; control
procedures for removals including, at least, wetting, local exhaust
ventilation, negative pressure enclosures, glove-bag procedures, and
High Efficiency Particulate Air (HEPA) filters; waste disposal work
practices; reporting and recordkeeping; and asbestos hazards and worker
protection. Evidence that the required training has been completed shall
be posted and made available for inspection by the Administrator at the
demolition or renovation site.
(9) For facilities described in paragraph (a)(3) of this section,
adequately wet the portion of the facility that contains RACM during the
wrecking operation.
(10) If a facility is demolished by intentional burning, all RACM
including Category I and Category II nonfriable ACM must be removed in
accordance with the NESHAP before burning.
[[Page 94]]
[GRAPHIC] [TIFF OMITTED] TC01MY92.002
[[Page 95]]
[GRAPHIC] [TIFF OMITTED] TC01MY92.003
[55 FR 48419, Nov. 20, 1990; 56 FR 1669, Jan. 16, 1991]
Sec. 61.146 Standard for spraying.
The owner or operator of an operation in which asbestos-containing
materials are spray applied shall comply with the following
requirements:
(a) For spray-on application on buildings, structures, pipes, and
conduits, do
[[Page 96]]
not use material containing more than 1 percent asbestos as determined
using the method specified in appendix E, subpart E, 40 CFR part 763,
section 1, Polarized Light Microscopy, except as provided in paragraph
(c) of this section.
(b) For spray-on application of materials that contain more than 1
percent asbestos as determined using the method specified in appendix E,
subpart E, 40 CFR part 763, section 1, Polarized Light Microscopy, on
equipment and machinery, except as provided in paragraph (c) of this
section:
(1) Notify the Administrator at least 20 days before beginning the
spraying operation. Include the following information in the notice:
(i) Name and address of owner or operator.
(ii) Location of spraying operation.
(iii) Procedures to be followed to meet the requirements of this
paragraph.
(2) Discharge no visible emissions to the outside air from spray-on
application of the asbestos-containing material or use the methods
specified by Sec. 61.152 to clean emissions containing particulate
asbestos material before they escape to, or are vented to, the outside
air.
(c) The requirements of paragraphs (a) and (b) of this section do
not apply to the spray-on application of materials where the asbestos
fibers in the materials are encapsulated with a bituminous or resinous
binder during spraying and the materials are not friable after drying.
(d) Owners or operators of sources subject to this paragraph are
exempt from the requirements of Secs. 61.05(a), 61.07 and 61.09.
[49 FR 13661, Apr. 5, 1984. Redesignated and amended at 55 FR 48424,
Nov. 20, 1990; 60 FR 31920, June 19, 1995]
Sec. 61.147 Standard for fabricating.
(a) Applicability. This section applies to the following fabricating
operations using commercial asbestos:
(1) The fabrication of cement building products.
(2) The fabrication of friction products, except those operations
that primarily install asbestos friction materials on motor vehicles.
(3) The fabrication of cement or silicate board for ventilation
hoods; ovens; electrical panels; laboratory furniture, bulkheads,
partitions, and ceilings for marine construction; and flow control
devices for the molten metal industry.
(b) Standard. Each owner or operator of any of the fabricating
operations to which this section applies shall either:
(1) Discharge no visible emissions to the outside air from any of
the operations or from any building or structure in which they are
conducted or from any other fugitive sources; or
(2) Use the methods specified by Sec. 61.152 to clean emissions
containing particulate asbestos material before they escape to, or are
vented to, the outside air.
(3) Monitor each potential source of asbestos emissions from any
part of the fabricating facility, including air cleaning devices,
process equipment, and buildings that house equipment for material
processing and handling, at least once each day, during daylight hours,
for visible emissions to the outside air during periods of operation.
The monitoring shall be by visual observation of at least 15 seconds
duration per source of emissions.
(4) Inspect each air cleaning device at least once each week for
proper operation and for changes that signal the potential for
malfunctions, including, to the maximum extent possible without
dismantling other than opening the device, the presence of tears, holes,
and abrasions in filter bags and for dust deposits on the clean side of
bags. For air cleaning devices that cannot be inspected on a weekly
basis according to this paragraph, submit to the Administrator, and
revise as necessary, a written maintenance plan to include, at a
minimum, the following:
(i) Maintenance schedule.
(ii) Recordkeeping plan.
(5) Maintain records of the results of visible emission monitoring
and air cleaning device inspections using a format similar to that shown
in Figures 1 and 2 and include the following:
(i) Date and time of each inspection.
(ii) Presence or absence of visible emissions.
(iii) Condition of fabric filters, including presence of any tears,
holes, and abrasions.
[[Page 97]]
(iv) Presence of dust deposits on clean side of fabric filters.
(v) Brief description of corrective actions taken, including date
and time.
(vi) Daily hours of operation for each air cleaning device.
(6) Furnish upon request and make available at the affected facility
during normal business hours for inspection by the Administrator, all
records required under this section.
(7) Retain a copy of all monitoring and inspection records for at
least 2 years.
(8) Submit semiannually a copy of the visible emission monitoring
records to the Administrator if visible emission occurred during the
report period. Semiannual reports shall be postmarked by the 30th day
following the end of the six-month period.
[49 FR 13661, Apr. 5, 1984. Redesignated and amended at 55 FR 48424,
Nov. 20, 1991; 64 FR 7467, Feb. 12, 1999]
Sec. 61.148 Standard for insulating materials.
No owner or operator of a facility may install or reinstall on a
facility component any insulating materials that contain commercial
asbestos if the materials are either molded and friable or wet-applied
and friable after drying. The provisions of this section do not apply to
spray-applied insulating materials regulated under Sec. 61.146.
[55 FR 48424, Nov. 20, 1990]
Sec. 61.149 Standard for waste disposal for asbestos mills.
Each owner or operator of any source covered under the provisions of
Sec. 61.142 shall:
(a) Deposit all asbestos-containing waste material at a waste
disposal site operated in accordance with the provisions of Sec. 61.154;
and
(b) Discharge no visible emissions to the outside air from the
transfer of control device asbestos waste to the tailings conveyor, or
use the methods specified by Sec. 61.152 to clean emissions containing
particulate asbestos material before they escape to, or are vented to,
the outside air. Dispose of the asbestos waste from control devices in
accordance with Sec. 61.150(a) or paragraph (c) of this section; and
(c) Discharge no visible emissions to the outside air during the
collection, processing, packaging, or on-site transporting of any
asbestos-containing waste material, or use one of the disposal methods
specified in paragraphs (c) (1) or (2) of this section, as follows:
(1) Use a wetting agent as follows:
(i) Adequately mix all asbestos-containing waste material with a
wetting agent recommended by the manufacturer of the agent to
effectively wet dust and tailings, before depositing the material at a
waste disposal site. Use the agent as recommended for the particular
dust by the manufacturer of the agent.
(ii) Discharge no visible emissions to the outside air from the
wetting operation or use the methods specified by Sec. 61.152 to clean
emissions containing particulate asbestos material before they escape
to, or are vented to, the outside air.
(iii) Wetting may be suspended when the ambient temperature at the
waste disposal site is less than -9.5 deg.C (15 deg.F), as determined
by an appropriate measurement method with an accuracy of <plus-minus>1
deg.C (<plus-minus>2 deg.F). During periods when wetting operations are
suspended, the temperature must be recorded at least at hourly
intervals, and records must be retained for at least 2 years in a form
suitable for inspection.
(2) Use an alternative emission control and waste treatment method
that has received prior written approval by the Administrator. To obtain
approval for an alternative method, a written application must be
submitted to the Administrator demonstrating that the following criteria
are met:
(i) The alternative method will control asbestos emissions
equivalent to currently required methods.
(ii) The suitability of the alternative method for the intended
application.
(iii) The alternative method will not violate other regulations.
(iv) The alternative method will not result in increased water
pollution, land pollution, or occupational hazards.
(d) When waste is transported by vehicle to a disposal site:
(1) Mark vehicles used to transport asbestos-containing waste
material during the loading and unloading of the
[[Page 98]]
waste so that the signs are visible. The markings must:
(i) Be displayed in such a manner and location that a person can
easily read the legend.
(ii) Conform to the requirements for 51 cm x 36 cm (20 in x 14
in) upright format signs specified in 29 CFR 1910.145(d)(4) and this
paragraph; and
(iii) Display the following legend in the lower panel with letter
sizes and styles of a visibility at least equal to those specified in
this paragraph.
Legend
DANGER
ASBESTOS DUST HAZARD
CANCER AND LUNG DISEASE HAZARD
Authorized Personnel Only
Notation
2.5 cm (1 inch) Sans Serif, Gothic or Block
2.5 cm (1 inch) Sans Serif, Gothic or Block
1.9 cm (\3/4\ inch) Sans Serif, Gothic or Block
14 Point Gothic
Spacing between any two lines must be a least equal to the height of the
upper of the two lines.
(2) For off-site disposal, provide a copy of the waste shipment
record, described in paragraph (e)(1) of this section, to the disposal
site owner or operator at the same time as the asbestos-containing waste
material is delivered to the disposal site.
(e) For all asbestos-containing waste material transported off the
facility site:
(1) Maintain asbestos waste shipment records, using a form similar
to that shown in Figure 4, and include the following information:
(i) The name, address, and telephone number of the waste generator.
(ii) The name and address of the local, State, or EPA Regional
agency responsible for administering the asbestos NESHAP program.
(iii) The quantity of the asbestos-containing waste material in
cubic meters (cubic yards).
(iv) The name and telephone number of the disposal site operator.
(v) The name and physical site location of the disposal site.
(vi) The date transported.
(vii) The name, address, and telephone number of the transporter(s).
(viii) A certification that the contents of this consignment are
fully and accurately described by proper shipping name and are
classified, packed, marked, and labeled, and are in all respects in
proper condition for transport by highway according to applicable
international and government regulations.
(2) For waste shipments where a copy of the waste shipment record,
signed by the owner or operator of the designated disposal site, is not
received by the waste generator within 35 days of the date the waste was
accepted by the initial transporter, contact the transporter and/or the
owner or operator of the designated disposal site to determine the
status of the waste shipment.
(3) Report in writing to the local, State, or EPA Regional office
responsible for administering the asbestos NESHAP program for the waste
generator if a copy of the waste shipment record, signed by the owner or
operator of the designated waste disposal site, is not received by the
waste generator within 45 days of the date the waste was accepted by the
initial transporter. Include in the report the following information:
(i) A copy of the waste shipment record for which a confirmation of
delivery was not received, and
(ii) A cover letter signed by the waste generator explaining the
efforts taken to locate the asbestos waste shipment and the results of
those efforts.
(4) Retain a copy of all waste shipment records, including a copy of
the waste shipment record signed by the owner or operator of the
designated waste disposal site, for at least 2 years.
(f) Furnish upon request, and make available for inspection by the
Administrator, all records required under this section.
[[Page 99]]
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[[Page 100]]
[GRAPHIC] [TIFF OMITTED] TC01MY92.005
[[Page 101]]
[GRAPHIC] [TIFF OMITTED] TC01MY92.006
Sec. 61.150 Standard for waste disposal for manufacturing, fabricating,
demolition, renovation, and spraying operations.
Each owner or operator of any source covered under the provisions of
Secs. 61.144, 61.145, 61.146, and 61.147 shall comply with the following
provisions:
(a) Discharge no visible emissions to the outside air during the
collection, processing (including incineration), packaging, or
transporting of any asbestos-containing waste material generated by the
source, or use one of the emission control and waste treatment methods
specified in paragraphs (a) (1) through (4) of this section.
(1) Adequately wet asbestos-containing waste material as follows:
(i) Mix control device asbestos waste to form a slurry; adequately
wet other asbestos-containing waste material; and
(ii) Discharge no visible emissions to the outside air from
collection, mixing, wetting, and handling operations, or use the methods
specified by Sec. 61.152 to clean emissions containing particulate
asbestos material before they escape to, or are vented to, the outside
air; and
(iii) After wetting, seal all asbestos-containing waste material in
leak-tight containers while wet; or, for materials that will not fit
into containers without additional breaking, put materials into leak-
tight wrapping; and
(iv) Label the containers or wrapped materials specified in
paragraph (a)(1)(iii) of this section using warning labels specified by
Occupational Safety and Health Standards of the Department of Labor,
Occupational Safety and Health Administration (OSHA) under 29 CFR
1910.1001(j)(2) or 1926.58(k)(2)(iii). The labels shall be printed in
letters of sufficient size and contrast so as to be readily visible and
legible.
(v) For asbestos-containing waste material to be transported off the
facility site, label containers or wrapped materials with the name of
the waste generator and the location at which the waste was generated.
[[Page 102]]
(2) Process asbestos-containing waste material into nonfriable forms
as follows:
(i) Form all asbestos-containing waste material into nonfriable
pellets or other shapes;
(ii) Discharge no visible emissions to the outside air from
collection and processing operations, including incineration, or use the
method specified by Sec. 61.152 to clean emissions containing
particulate asbestos material before they escape to, or are vented to,
the outside air.
(3) For facilities demolished where the RACM is not removed prior to
demolition according to Secs. 61.145(c)(1) (i), (ii), (iii), and (iv) or
for facilities demolished according to Sec. 61.145(c)(9), adequately wet
asbestos-containing waste material at all times after demolition and
keep wet during handling and loading for transport to a disposal site.
Asbestos-containing waste materials covered by this paragraph do not
have to be sealed in leak-tight containers or wrapping but may be
transported and disposed of in bulk.
(4) Use an alternative emission control and waste treatment method
that has received prior approval by the Administrator according to the
procedure described in Sec. 61.149(c)(2).
(5) As applied to demolition and renovation, the requirements of
paragraph (a) of this section do not apply to Category I nonfriable ACM
waste and Category II nonfriable ACM waste that did not become crumbled,
pulverized, or reduced to powder.
(b) All asbestos-containing waste material shall be deposited as
soon as is practical by the waste generator at:
(1) A waste disposal site operated in accordance with the provisions
of Sec. 61.154, or
(2) An EPA-approved site that converts RACM and asbestos-containing
waste material into nonasbestos (asbestos-free) material according to
the provisions of Sec. 61.155.
(3) The requirements of paragraph (b) of this section do not apply
to Category I nonfriable ACM that is not RACM.
(c) Mark vehicles used to transport asbestos-containing waste
material during the loading and unloading of waste so that the signs are
visible. The markings must conform to the requirements of
Secs. 61.149(d)(1) (i), (ii), and (iii).
(d) For all asbestos-containing waste material transported off the
facility site:
(1) Maintain waste shipment records, using a form similar to that
shown in Figure 4, and include the following information:
(i) The name, address, and telephone number of the waste generator.
(ii) The name and address of the local, State, or EPA Regional
office responsible for administering the asbestos NESHAP program.
(iii) The approximate quantity in cubic meters (cubic yards).
(iv) The name and telephone number of the disposal site operator.
(v) The name and physical site location of the disposal site.
(vi) The date transported.
(vii) The name, address, and telephone number of the transporter(s).
(viii) A certification that the contents of this consignment are
fully and accurately described by proper shipping name and are
classified, packed, marked, and labeled, and are in all respects in
proper condition for transport by highway according to applicable
international and government regulations.
(2) Provide a copy of the waste shipment record, described in
paragraph (d)(1) of this section, to the disposal site owners or
operators at the same time as the asbestos-containing waste material is
delivered to the disposal site.
(3) For waste shipments where a copy of the waste shipment record,
signed by the owner or operator of the designated disposal site, is not
received by the waste generator within 35 days of the date the waste was
accepted by the initial transporter, contact the transporter and/or the
owner or operator of the designated disposal site to determine the
status of the waste shipment.
(4) Report in writing to the local, State, or EPA Regional office
responsible for administering the asbestos NESHAP program for the waste
generator if a copy of the waste shipment record, signed by the owner or
operator of the designated waste disposal site, is not received by the
waste generator within 45 days of the date the waste
[[Page 103]]
was accepted by the initial transporter. Include in the report the
following information:
(i) A copy of the waste shipment record for which a confirmation of
delivery was not received, and
(ii) A cover letter signed by the waste generator explaining the
efforts taken to locate the asbestos waste shipment and the results of
those efforts.
(5) Retain a copy of all waste shipment records, including a copy of
the waste shipment record signed by the owner or operator of the
designated waste disposal site, for at least 2 years.
(e) Furnish upon request, and make available for inspection by the
Administrator, all records required under this section.
[55 FR 48429, Nov. 20, 1990; 56 FR 1669, Jan. 16, 1991]
Sec. 61.151 Standard for inactive waste disposal sites for asbestos
mills and manufacturing and fabricating operations.
Each owner or operator of any inactive waste disposal site that was
operated by sources covered under Sec. 61.142, 61.144, or 61.147 and
received deposits of asbestos-containing waste material generated by the
sources, shall:
(a) Comply with one of the following:
(1) Either discharge no visible emissions to the outside air from an
inactive waste disposal site subject to this paragraph; or
(2) Cover the asbestos-containing waste material with at least 15
centimeters (6 inches) of compacted nonasbestos-containing material, and
grow and maintain a cover of vegetation on the area adequate to prevent
exposure of the asbestos-containing waste material. In desert areas
where vegetation would be difficult to maintain, at least 8 additional
centimeters (3 inches) of well-graded, nonasbestos crushed rock may be
placed on top of the final cover instead of vegetation and maintained to
prevent emissions; or
(3) Cover the asbestos-containing waste material with at least 60
centimeters (2 feet) of compacted nonasbestos-containing material, and
maintain it to prevent exposure of the asbestos-containing waste; or
(4) For inactive waste disposal sites for asbestos tailings, a
resinous or petroleum-based dust suppression agent that effectively
binds dust to control surface air emissions may be used instead of the
methods in paragraphs (a) (1), (2), and (3) of this section. Use the
agent in the manner and frequency recommended for the particular
asbestos tailings by the manufacturer of the dust suppression agent to
achieve and maintain dust control. Obtain prior written approval of the
Administrator to use other equally effective dust suppression agents.
For purposes of this paragraph, any used, spent, or other waste oil is
not considered a dust suppression agent.
(b) Unless a natural barrier adequately deters access by the general
public, install and maintain warning signs and fencing as follows, or
comply with paragraph (a)(2) or (a)(3) of this section.
(1) Display warning signs at all entrances and at intervals of 100 m
(328 ft) or less along the property line of the site or along the
perimeter of the sections of the site where asbestos-containing waste
material was deposited. The warning signs must:
(i) Be posted in such a manner and location that a person can easily
read the legend; and
(ii) Conform to the requirements for 51 cm x 36 cm (20" x 14")
upright format signs specified in 29 CFR 1910.145(d)(4) and this
paragraph; and
(iii) Display the following legend in the lower panel with letter
sizes and styles of a visibility at least equal to those specified in
this paragraph.
------------------------------------------------------------------------
Legend Notation
------------------------------------------------------------------------
Asbestos Waste Disposal Site.............. 2.5 cm (1 inch) Sans Serif,
Gothic or Block
Do Not Create Dust........................ 1.9 cm (\3/4\ inch) Sans
Serif, Gothic or Block
Breathing Asbestos is Hazardous to Your 14 Point Gothic.
Health.
------------------------------------------------------------------------
Spacing between any two lines must be at least equal to the height of
the upper of the two lines.
(2) Fence the perimeter of the site in a manner adequate to deter
access by the general public.
(3) When requesting a determination on whether a natural barrier
adequately deters public access, supply information enabling the
Administrator
[[Page 104]]
to determine whether a fence or a natural barrier adequately deters
access by the general public.
(c) The owner or operator may use an alternative control method that
has received prior approval of the Administrator rather than comply with
the requirements of paragraph (a) or (b) of this section.
(d) Notify the Administrator in writing at least 45 days prior to
excavating or otherwise disturbing any asbestos-containing waste
material that has been deposited at a waste disposal site under this
section, and follow the procedures specified in the notification. If the
excavation will begin on a date other than the one contained in the
original notice, notice of the new start date must be provided to the
Administrator at least 10 working days before excavation begins and in
no event shall excavation begin earlier than the date specified in the
original notification. Include the following information in the notice:
(1) Scheduled starting and completion dates.
(2) Reason for disturbing the waste.
(3) Procedures to be used to control emissions during the
excavation, storage, transport, and ultimate disposal of the excavated
asbestos-containing waste material. If deemed necessary, the
Administrator may require changes in the emission control procedures to
be used.
(4) Location of any temporary storage site and the final disposal
site.
(e) Within 60 days of a site becoming inactive and after the
effective date of this subpart, record, in accordance with State law, a
notation on the deed to the facility property and on any other
instrument that would normally be examined during a title search; this
notation will in perpetuity notify any potential purchaser of the
property that:
(1) The land has been used for the disposal of asbestos-containing
waste material;
(2) The survey plot and record of the location and quantity of
asbestos-containing waste disposed of within the disposal site required
in Sec. 61.154(f) have been filed with the Administrator; and
(3) The site is subject to 40 CFR part 61, subpart M.
[49 FR 13661, Apr. 5, 1984, as amended at 53 FR 36972, Sept. 23, 1988.
Redesignated and amended at 55 FR 48429, Nov. 20, 1990]
Sec. 61.152 Air-cleaning.
(a) The owner or operator who uses air cleaning, as specified in
Secs. 61.142(a), 61.144(b)(2), 61.145(c)(3)(i)(B)(1), 61.145(c)(4)(ii),
61.145(c)(11)(i), 61.146(b)(2), 61.147(b)(2), 61.149(b),
61.149(c)(1)(ii), 61.150(a)(1)(ii), 61.150(a)(2)(ii), and 61.155(e)
shall:
(1) Use fabric filter collection devices, except as noted in
paragraph (b) of this section, doing all of the following:
(i) Ensuring that the airflow permeability, as determined by ASTM
Method D737-75, does not exceed 9 m\3\/min/m\2\ (30 ft\3\/min/ft\2\) for
woven fabrics or 11\3\/min/m\2\(35 ft\3\/min/ft\2\) for felted fabrics,
except that 12 m\3\/min/m\2\ (40 ft\3\min/ft\2\) for woven and 14 m\3\/
min/m\2\ (45 ft \3\min/ft\2\) for felted fabrics is allowed for
filtering air from asbestos ore dryers; and
(ii) Ensuring that felted fabric weighs at least 475 grams per
square meter (14 ounces per square yard) and is at least 1.6 millimeters
(one-sixteenth inch) thick throughout; and
(iii) Avoiding the use of synthetic fabrics that contain fill yarn
other than that which is spun.
(2) Properly install, use, operate, and maintain all air-cleaning
equipment authorized by this section. Bypass devices may be used only
during upset or emergency conditions and then only for so long as it
takes to shut down the operation generating the particulate asbestos
material.
(3) For fabric filter collection devices installed after January 10,
1989, provide for easy inspection for faulty bags.
(b) There are the following exceptions to paragraph (a)(1):
(1) After January 10, 1989, if the use of fabric creates a fire or
explosion hazard, or the Administrator determines that a fabric filter
is not feasible, the Administrator may authorize as a substitute the use
of wet collectors designed to operate with a unit contacting energy of
at least 9.95 kilopascals (40 inches water gage pressure).
[[Page 105]]
(2) Use a HEPA filter that is certified to be at least 99.97 percent
efficient for 0.3 micron particles.
(3) The Administrator may authorize the use of filtering equipment
other than described in paragraphs (a)(1) and (b)(1) and (2) of this
section if the owner or operator demonstrates to the Administrator's
satisfaction that it is equivalent to the described equipment in
filtering particulate asbestos material.
[49 FR 13661, Apr. 5, 1984; 49 FR 25453, June 21, 1984, as amended at 51
FR 8199, Mar. 10, 1986. Redesignated and amended at 55 FR 48430, Nov.
20, 1990]
Sec. 61.153 Reporting.
(a) Any new source to which this subpart applies (with the exception
of sources subject to Secs. 61.143, 61.145, 61.146, and 61.148), which
has an initial startup date preceding the effective date of this
revision, shall provide the following information to the Administrator
postmarked or delivered within 90 days of the effective date. In the
case of a new source that does not have an initial startup date
preceding the effective date, the information shall be provided,
postmarked or delivered, within 90 days of the initial startup date. Any
owner or operator of an existing source shall provide the following
information to the Administrator within 90 days of the effective date of
this subpart unless the owner or operator of the existing source has
previously provided this information to the Administrator. Any changes
in the information provided by any existing source shall be provided to
the Administrator, postmarked or delivered, within 30 days after the
change.
(1) A description of the emission control equipment used for each
process; and
(i) If the fabric device uses a woven fabric, the airflow
permeability in m\3\/min/m\2\ and; if the fabric is synthetic, whether
the fill yarn is spun or not spun; and
(ii) If the fabric filter device uses a felted fabric, the density
in g/m\2\, the minimum thickness in inches, and the airflow permeability
in m\3\/min/m\2\.
(2) If a fabric filter device is used to control emissions,
(i) The airflow permeability in m\3\/min/m\2\ (ft\3\/min/ft\2\) if
the fabric filter device uses a woven fabric, and, if the fabric is
synthetic, whether the fill yarn is spun or not spun; and
(ii) If the fabric filter device uses a felted fabric, the density
in g/m\2\ (oz/yd\2\), the minimum thickness in millimeters (inches), and
the airflow permeability in m\3\/min/m\2\ (ft\3\/min/ft\2\).
(3) If a HEPA filter is used to control emissions, the certified
efficiency.
(4) For sources subject to Secs. 61.149 and 61.150:
(i) A brief description of each process that generates asbestos-
containing waste material; and
(ii) The average volume of asbestos-containing waste material
disposed of, measured in m\3\/day (yd\3\/day); and
(iii) The emission control methods used in all stages of waste
disposal; and
(iv) The type of disposal site or incineration site used for
ultimate disposal, the name of the site operator, and the name and
location of the disposal site.
(5) For sources subject to Secs. 61.151 and 61.154:
(i) A brief description of the site; and
(ii) The method or methods used to comply with the standard, or
alternative procedures to be used.
(b) The information required by paragraph (a) of this section must
accompany the information required by Sec. 61.10. Active waste disposal
sites subject to Sec. 61.154 shall also comply with this provision.
Roadways, demolition and renovation, spraying, and insulating materials
are exempted from the requirements of Sec. 61.10(a). The information
described in this section must be reported using the format of appendix
A of this part as a guide.
(Sec. 114. Clean Air Act as amended (42 U.S.C. 7414))
[49 FR 13661, Apr. 5, 1984. Redesignated and amended at 55 FR 48430,
Nov. 20, 1990; 56 FR 1669, Jan. 16, 1991]
Sec. 61.154 Standard for active waste disposal sites.
Each owner or operator of an active waste disposal site that
receives asbestos-containing waste material from a source covered under
Sec. 61.149, 61.150, or 61.155 shall meet the requirements of this
section:
[[Page 106]]
(a) Either there must be no visible emissions to the outside air
from any active waste disposal site where asbestos-containing waste
material has been deposited, or the requirements of paragraph (c) or (d)
of this section must be met.
(b) Unless a natural barrier adequately deters access by the general
public, either warning signs and fencing must be installed and
maintained as follows, or the requirements of paragraph (c)(1) of this
section must be met.
(1) Warning signs must be displayed at all entrances and at
intervals of 100 m (330 ft) or less along the property line of the site
or along the perimeter of the sections of the site where asbestos-
containing waste material is deposited. The warning signs must:
(i) Be posted in such a manner and location that a person can easily
read the legend; and
(ii) Conform to the requirements of 51 cm x 36 cm (20" x 14")
upright format signs specified in 29 CFR 1910.145(d)(4) and this
paragraph; and
(iii) Display the following legend in the lower panel with letter
sizes and styles of a visibility at least equal to those specified in
this paragraph.
------------------------------------------------------------------------
Legend Notation
------------------------------------------------------------------------
Asbestos Waste Disposal Site.............. 2.5 cm (1 inch) Sans Serif,
Gothic or Block.
Do Not Create Dust........................ 1.9 cm (\3/4\ inch) Sans
Serif, Gothic or Block.
Breathing Asbestos is Hazardous to Your 14 Point Gothic.
Health.
------------------------------------------------------------------------
Spacing between any two lines must be at least equal to the height of
the upper of the two lines.
(2) The perimeter of the disposal site must be fenced in a manner
adequate to deter access by the general public.
(3) Upon request and supply of appropriate information, the
Administrator will determine whether a fence or a natural barrier
adequately deters access by the general public.
(c) Rather than meet the no visible emission requirement of
paragraph (a) of this section, at the end of each operating day, or at
least once every 24-hour period while the site is in continuous
operation, the asbestos-containing waste material that has been
deposited at the site during the operating day or previous 24-hour
period shall:
(1) Be covered with at least 15 centimeters (6 inches) of compacted
nonasbestos-containing material, or
(2) Be covered with a resinous or petroleum-based dust suppression
agent that effectively binds dust and controls wind erosion. Such an
agent shall be used in the manner and frequency recommended for the
particular dust by the dust suppression agent manufacturer to achieve
and maintain dust control. Other equally effective dust suppression
agents may be used upon prior approval by the Administrator. For
purposes of this paragraph, any used, spent, or other waste oil is not
considered a dust suppression agent.
(d) Rather than meet the no visible emission requirement of
paragraph (a) of this section, use an alternative emissions control
method that has received prior written approval by the Administrator
according to the procedures described in Sec. 61.149(c)(2).
(e) For all asbestos-containing waste material received, the owner
or operator of the active waste disposal site shall:
(1) Maintain waste shipment records, using a form similar to that
shown in Figure 4, and include the following information:
(i) The name, address, and telephone number of the waste generator.
(ii) The name, address, and telephone number of the transporter(s).
(iii) The quantity of the asbestos-containing waste material in
cubic meters (cubic yards).
(iv) The presence of improperly enclosed or uncovered waste, or any
asbestos-containing waste material not sealed in leak-tight containers.
Report in writing to the local, State, or EPA Regional office
responsible for administering the asbestos NESHAP program for the waste
generator (identified in the waste shipment record), and, if different,
the local, State, or EPA Regional office responsible for administering
the asbestos NESHAP program for the disposal site, by the following
working day, the presence of a significant amount of improperly enclosed
or uncovered waste. Submit a copy of the waste shipment record along
with the report.
[[Page 107]]
(v) The date of the receipt.
(2) As soon as possible and no longer than 30 days after receipt of
the waste, send a copy of the signed waste shipment record to the waste
generator.
(3) Upon discovering a discrepancy between the quantity of waste
designated on the waste shipment records and the quantity actually
received, attempt to reconcile the discrepancy with the waste generator.
If the discrepancy is not resolved within 15 days after receiving the
waste, immediately report in writing to the local, State, or EPA
Regional office responsible for administering the asbestos NESHAP
program for the waste generator (identified in the waste shipment
record), and, if different, the local, State, or EPA Regional office
responsible for administering the asbestos NESHAP program for the
disposal site. Describe the discrepancy and attempts to reconcile it,
and submit a copy of the waste shipment record along with the report.
(4) Retain a copy of all records and reports required by this
paragraph for at least 2 years.
(f) Maintain, until closure, records of the location, depth and
area, and quantity in cubic meters (cubic yards) of asbestos-containing
waste material within the disposal site on a map or diagram of the
disposal area.
(g) Upon closure, comply with all the provisions of Sec. 61.151.
(h) Submit to the Administrator, upon closure of the facility, a
copy of records of asbestos waste disposal locations and quantities.
(i) Furnish upon request, and make available during normal business
hours for inspection by the Administrator, all records required under
this section.
(j) Notify the Administrator in writing at least 45 days prior to
excavating or otherwise disturbing any asbestos-containing waste
material that has been deposited at a waste disposal site and is
covered. If the excavation will begin on a date other than the one
contained in the original notice, notice of the new start date must be
provided to the Administrator at least 10 working days before excavation
begins and in no event shall excavation begin earlier than the date
specified in the original notification. Include the following
information in the notice:
(1) Scheduled starting and completion dates.
(2) Reason for disturbing the waste.
(3) Procedures to be used to control emissions during the
excavation, storage, transport, and ultimate disposal of the excavated
asbestos-containing waste material. If deemed necessary, the
Administrator may require changes in the emission control procedures to
be used.
(4) Location of any temporary storage site and the final disposal
site.
(Secs. 112 and 301(a) of the Clean Air Act as amended (42 U.S.C. 7412,
7601(a))
[49 FR 13661, Apr. 5, 1990. Redesignated and amended at 55 FR 48431,
Nov. 20, 1990; 56 FR 1669, Jan. 16, 1991]
Sec. 61.155 Standard for operations that convert asbestos-containing
waste material into nonasbestos (asbestos-free) material.
Each owner or operator of an operation that converts RACM and
asbestos-containing waste material into nonasbestos (asbestos-free)
material shall:
(a) Obtain the prior written approval of the Administrator to
construct the facility. To obtain approval, the owner or operator shall
provide the Administrator with the following information:
(1) Application to construct pursuant to Sec. 61.07.
(2) In addition to the information requirements of Sec. 61.07(b)(3),
a
(i) Description of waste feed handling and temporary storage.
(ii) Description of process operating conditions.
(iii) Description of the handling and temporary storage of the end
product.
(iv) Description of the protocol to be followed when analyzing
output materials by transmission electron microscopy.
(3) Performance test protocol, including provisions for obtaining
information required under paragraph (b) of this section.
(4) The Administrator may require that a demonstration of the
process be performed prior to approval of the application to construct.
(b) Conduct a start-up performance test. Test results shall include:
(1) A detailed description of the types and quantities of
nonasbestos material,
[[Page 108]]
RACM, and asbestos-containing waste material processed, e.g., asbestos
cement products, friable asbestos insulation, plaster, wood, plastic,
wire, etc. Test feed is to include the full range of materials that will
be encountered in actual operation of the process.
(2) Results of analyses, using polarized light microscopy, that
document the asbestos content of the wastes processed.
(3) Results of analyses, using transmission electron microscopy,
that document that the output materials are free of asbestos. Samples
for analysis are to be collected as 8-hour composite samples (one 200-
gram (7-ounce) sample per hour), beginning with the initial introduction
of RACM or asbestos-containing waste material and continuing until the
end of the performance test.
(4) A description of operating parameters, such as temperature and
residence time, defining the full range over which the process is
expected to operate to produce nonasbestos (asbestos-free) materials.
Specify the limits for each operating parameter within which the process
will produce nonasbestos (asbestos-free) materials.
(5) The length of the test.
(c) During the initial 90 days of operation,
(1) Continuously monitor and log the operating parameters identified
during start-up performance tests that are intended to ensure the
production of nonasbestos (asbestos-free) output material.
(2) Monitor input materials to ensure that they are consistent with
the test feed materials described during start-up performance tests in
paragraph (b)(1) of this section.
(3) Collect and analyze samples, taken as 10-day composite samples
(one 200-gram (7-ounce) sample collected every 8 hours of operation) of
all output material for the presence of asbestos. Composite samples may
be for fewer than 10 days. Transmission electron microscopy (TEM) shall
be used to analyze the output material for the presence of asbestos.
During the initial 90-day period, all output materials must be stored
on-site until analysis shows the material to be asbestos-free or
disposed of as asbestos-containing waste material according to
Sec. 61.150.
(d) After the initial 90 days of operation,
(1) Continuously monitor and record the operating parameters
identified during start-up performance testing and any subsequent
performance testing. Any output produced during a period of deviation
from the range of operating conditions established to ensure the
production of nonasbestos (asbestos-free) output materials shall be:
(i) Disposed of as asbestos-containing waste material according to
Sec. 61.150, or
(ii) Recycled as waste feed during process operation within the
established range of operating conditions, or
(iii) Stored temporarily on-site in a leak-tight container until
analyzed for asbestos content. Any product material that is not
asbestos-free shall be either disposed of as asbestos-containing waste
material or recycled as waste feed to the process.
(2) Collect and analyze monthly composite samples (one 200-gram (7-
ounce) sample collected every 8 hours of operation) of the output
material. Transmission electron microscopy shall be used to analyze the
output material for the presence of asbestos.
(e) Discharge no visible emissions to the outside air from any part
of the operation, or use the methods specified by Sec. 61.152 to clean
emissions containing particulate asbestos material before they escape
to, or are vented to, the outside air.
(f) Maintain records on-site and include the following information:
(1) Results of start-up performance testing and all subsequent
performance testing, including operating parameters, feed
characteristic, and analyses of output materials.
(2) Results of the composite analyses required during the initial 90
days of operation under Sec. 61.155(c).
(3) Results of the monthly composite analyses required under
Sec. 61.155(d).
(4) Results of continuous monitoring and logs of process operating
parameters required under Sec. 61.155 (c) and (d).
(5) The information on waste shipments received as required in
Sec. 61.154(e).
(6) For output materials where no analyses were performed to
determine the presence of asbestos, record the name and location of the
purchaser or
[[Page 109]]
disposal site to which the output materials were sold or deposited, and
the date of sale or disposal.
(7) Retain records required by paragraph (f) of this section for at
least 2 years.
(g) Submit the following reports to the Administrator:
(1) A report for each analysis of product composite samples
performed during the initial 90 days of operation.
(2) A quarterly report, including the following information
concerning activities during each consecutive 3-month period:
(i) Results of analyses of monthly product composite samples.
(ii) A description of any deviation from the operating parameters
established during performance testing, the duration of the deviation,
and steps taken to correct the deviation.
(iii) Disposition of any product produced during a period of
deviation, including whether it was recycled, disposed of as asbestos-
containing waste material, or stored temporarily on-site until analyzed
for asbestos content.
(iv) The information on waste disposal activities as required in
Sec. 61.154(f).
(h) Nonasbestos (asbestos-free) output material is not subject to
any of the provisions of this subpart. Output materials in which
asbestos is detected, or output materials produced when the operating
parameters deviated from those established during the start-up
performance testing, unless shown by TEM analysis to be asbestos-free,
shall be considered to be asbestos-containing waste and shall be handled
and disposed of according to Secs. 61.150 and 61.154 or reprocessed
while all of the established operating parameters are being met.
[55 FR 48431, Nov. 20, 1990]
Sec. 61.156 Cross-reference to other asbestos regulations.
In addition to this subpart, the regulations referenced in Table 1
also apply to asbestos and may be applicable to those sources specified
in Secs. 61.142 through 61.151, 61.154, and 61.155 of this subpart.
These cross-references are presented for the reader's information and to
promote compliance with the cited regulations.
Table 1--Cross-reference to Other Asbestos Regulations
------------------------------------------------------------------------
Agency CFR citation Comment
------------------------------------------------------------------------
EPA 40 CFR part 763, Requires schools to inspect
subpart E. for asbestos and implement
response actions and
submit asbestos management
plans to States. Specifies
use of accredited
inspectors, air sampling
methods, and waste
disposal procedures.
40 CFR part 427........ Effluent standards for
asbestos manufacturing
source categories.
40 CFR part 763, Protects public employees
subpart G. performing asbestos
abatement work in States
not covered by OSHA
asbestos standard.
OSHA 29 CFR 1910.1001....... Worker protection measures--
engineering controls,
worker training, labeling,
respiratory protection,
bagging of waste, 0.2 f/cc
permissible exposure
level.
29 CFR 1926.58......... Worker protection measures
for all construction work
involving asbestos,
including demolition and
renovation--work
practices, worker
training, bagging of
waste, 0.2 f/cc
permissible exposure
level.
MSHA 30 part CFR 56, subpart Specifies exposures limits,
D. engineering controls, and
respiratory protection
measures for workers in
surface mines.
30 CFR part 57, subpart Specifies exposure limits,
D. engineering controls, and
respiratory protection
measures for workers in
underground mines.
DOT 49 CFR parts 171 and Regulates the
172. transportation of asbestos-
containing waste material.
Requires waste containment
and shipping papers.
------------------------------------------------------------------------
[55 FR 48432, Nov. 20, 1990, as amended at 60 FR 31920, June 19, 1995]
Sec. 61.157 Delegation of authority.
(a) In delegating implementation and enforcement authority to a
State under section 112(d) of the Act, the authorities contained in
paragraph (b) of this section shall be retained by the Administrator and
not transferred to a State.
(b) Authorities that will not be delegated to States:
(1) Section 61.149(c)(2)
(2) Section 61.150(a)(4)
(3) Section 61.151(c)
[[Page 110]]
(4) Section 61.152(b)(3)
(5) Section 61.154(d)
(6) Section 61.155(a).
[55 FR 48433, Nov. 20, 1990]
Appendix A to Subpart M--Interpretive Rule Governing Roof Removal
Operations
I. Applicability of the Asbestos NESHAP
1.1. Asbestos-containing material (ACM) is material containing more
than one percent asbestos as determined using the methods specified in
appendix E, subpart E, 40 CFR part 763, section 1, Polarized Light
Microscopy. The NESHAP classifies ACM as either ``friable'' or
``nonfriable''. Friable ACM is ACM that, when dry, can be crumbled,
pulverized or reduced to powder by hand pressure. Nonfriable ACM is ACM
that, when dry, cannot be crumbled, pulverized or reduced to powder by
hand pressure.
1.2. Nonfriable ACM is further classified as either Category I ACM
or Category II ACM. Category I ACM and Category II ACM are distinguished
from each other by their potential to release fibers when damaged.
Category I ACM includes asbestos-containing gaskets, packings, resilient
floor coverings, resilient floor covering mastic, and asphalt roofing
products containing more than one percent asbestos. Asphalt roofing
products which may contain asbestos include built-up roofing; asphalt-
containing single ply membrane systems; asphalt shingles; asphalt-
containing underlayment felts; asphalt-containing roof coatings and
mastics; and asphalt-containing base flashings. ACM roofing products
that use other bituminous or resinous binders (such as coal tars or
pitches) are also considered to be Category I ACM. Category II ACM
includes all other nonfriable ACM, for example, asbestos-cement (A/C)
shingles, A/C tiles, and transite boards or panels containing more than
one percent asbestos. Generally speaking, Category II ACM is more likely
to become friable when damaged than is Category I ACM. The applicability
of the NESHAP to Category I and II ACM depends on: (1) the condition of
the material at the time of demolition or renovation, (2) the nature of
the operation to which the material will be subjected, (3) the amount of
ACM involved.
1.3. Asbestos-containing material regulated under the NESHAP is
referred to as ``regulated asbestos-containing material'' (RACM). RACM
is defined in Sec. 61.141 of the NESHAP and includes: (1) friable
asbestos-containing material; (2) Category I nonfriable ACM that has
become friable; (3) Category I nonfriable ACM that has been or will be
sanded, ground, cut, or abraded; or (4) Category II nonfriable ACM that
has already been or is likely to become crumbled, pulverized, or reduced
to powder. If the coverage threshold for RACM is met or exceeded in a
renovation or demolition operation, then all friable ACM in the
operation, and in certain situations, nonfriable ACM in the operation,
are subject to the NESHAP.
A. Threshold Amounts of Asbestos-Containing Roofing Material
1.A.1. The NESHAP does not cover roofing projects on single family
homes or on residential buildings containing four or fewer dwelling
units. 40 CFR 61.141. For other roofing renovation projects, if the
total asbestos-containing roof area undergoing renovation is less than
160 ft <SUP>2</SUP>, the NESHAP does not apply, regardless of the
removal method to be used, the type of material (Category I or II), or
its condition (friable versus nonfriable). 40 CFR 61.145(a)(4). However,
EPA would recommend the use of methods that damage asbestos-containing
roofing material as little as possible. EPA has determined that where a
rotating blade (RB) roof cutter or equipment that similarly damages the
roofing material is used to remove Category I nonfriable asbestos-
containing roofing material, the removal of 5580 ft <SUP>2</SUP> of that
material will create 160 ft <SUP>2</SUP> of RACM. For the purposes of
this interpretive rule, ``RB roof cutter'' means an engine-powered roof
cutting machine with one or more rotating cutting blades the edges of
which are blunt. (Equipment with blades having sharp or tapered edges,
and/or which does not use a rotating blade, is used for ``slicing''
rather than ``cutting'' the roofing material; such equipment is not
included in the term ``RB roof cutter''.) Therefore, it is EPA's
interpretation that when an RB roof cutter or equipment that similarly
damages the roofing material is used to remove Category I nonfriable
asbestos-containing roofing material, any project that is 5580 ft
<SUP>2</SUP> or greater is subject to the NESHAP; conversely, it is
EPA's interpretation that when an RB roof cutter or equipment that
similarly damages the roofing material is used to remove Category I
nonfriable asbestos-containing roofing material in a roof removal
project that is less than 5580 ft <SUP>2</SUP>, the project is not
subject to the NESHAP, except that notification is always required for
demolitions. EPA further construes the NESHAP to mean that if slicing or
other methods that do not sand, grind, cut or abrade will be used on
Category I nonfriable ACM, the NESHAP does not apply, regardless of the
area of roof to be removed.
1.A.2. For asbestos cement (A/C) shingles (or other Category II
roofing material), if the area of the roofing material to be removed is
at least 160 ft <SUP>2</SUP> and the removal methods will crumble,
pulverize, reduce to powder, or contaminate with RACM (from other ACM
that has been crumbled, pulverized or reduced to
[[Page 111]]
powder) 160 ft <SUP>2</SUP> or more of such roofing material, the
removal is subject to the NESHAP. Conversely, if the area of the A/C
shingles (or other Category II roofing materials) to be removed is less
than 160 ft <SUP>2</SUP>, the removal is not subject to the NESHAP
regardless of the removal method used, except that notification is
always required for demolitions. 40 CFR 61.145(a). However, EPA would
recommend the use of methods that damage asbestos-containing roofing
material as little as possible. If A/C shingles (or other Category II
roofing materials) are removed without 160 ft <SUP>2</SUP> or more of
such roofing material being crumbled, pulverized, reduced to powder, or
contaminated with RACM (from other ACM that has been crumbled,
pulverized or reduced to powder), the operation is not subject to the
NESHAP, even where the total area of the roofing material to be removed
exceeds 160 ft <SUP>2</SUP>; provided, however, that if the renovation
includes other operations involving RACM, the roof removal operation is
covered if the total area of RACM from all renovation activities exceeds
160 ft <SUP>2</SUP>. See the definition of regulated asbestos-containing
material (RACM), 40 CFR 61.141.
1.A.3. Only roofing material that meets the definition of ACM can
qualify as RACM subject to the NESHAP. Therefore, to determine if a
removal operation that meets or exceeds the coverage threshold is
subject to the NESHAP, any suspect roofing material (i.e. roofing
material that may be ACM) should be tested for asbestos. If any such
roofing material contains more than one percent asbestos and if the
removal operation is covered by the NESHAP, then EPA must be notified
and the work practices in Sec. 61.145(c) must be followed. In EPA's
view, if a removal operation involves at least the threshold level of
suspect material, a roofing contractor may choose not to test for
asbestos if the contractor follows the notification and work practice
requirements of the NESHAP.
B. A/C Shingle Removal (Category II ACM Removal)
1.B.1. A/C shingles, which are Category II nonfriable ACM, become
regulated ACM if the material has a high probability of becoming or has
become crumbled, pulverized or reduced to powder by the forces expected
to act on the material in the course of demolition or renovation
operations. 40 CFR 61.141. However, merely breaking an A/C shingle (or
any other category II ACM) that is not friable may not necessarily cause
the material to become RACM. A/C shingles are typically nailed to
buildings on which they are attached. EPA believes that the extent of
breakage that will normally result from carefully removing A/C shingles
and lowering the shingles to the ground will not result in crumbling,
pulverizing or reducing the shingles to powder. Conversely, the extent
of breakage that will normally occur if the A/C shingles are dropped
from a building or scraped off of a building with heavy machinery would
cause the shingles to become RACM. EPA therefore construes the NESHAP to
mean that the removal of A/C shingles that are not friable, using
methods that do not crumble, pulverize, or reduce the A/C shingles to
powder (such as pry bars, spud bars and shovels to carefully pry the
material), is not subject to the NESHAP provided that the A/C shingles
are properly handled during and after removal, as discussed in this
paragraph and the asbestos NESHAP. This interpretation also applies to
other Category II nonfriable asbestos-containing roofing materials.
C. Cutting vs. Slicing and Manual Methods for Removal of Category I ACM
1.C.1. Because of damage to the roofing material, and the potential
for fiber release, roof removal operations using rotating blade (RB)
roof cutters or other equipment that sand, grind, cut or abrade the roof
material are subject to the NESHAP. As EPA interprets the NESHAP, the
use of certain manual methods (using equipment such as axes, hatchets,
or knives, spud bars, pry bars, and shovels, but not saws) or methods
that slice, shear, or punch (using equipment such as a power slicer or
power plow) does not constitute ``cutting, sanding, grinding or
abrading.'' This is because these methods do not destroy the structural
matrix or integrity of the material such that the material is crumbled,
pulverized or reduced to powder. Hence, it is EPA's interpretation that
when such methods are used, assuming the roof material is not friable,
the removal operation is not subject to the regulation.
1.C.2. Power removers or power tear-off machines are typically used
to pry the roofing material up from the deck after the roof membrane has
been cut. It is EPA's interpretation that when these machines are used
to pry roofing material up, their use is not regulated by the NESHAP.
1.C.3. As noted previously, the NESHAP only applies to the removal
of asbestos-containing roofing materials. Thus, the NESHAP does not
apply to the use of RB cutters to remove non-asbestos built up roofing
(BUR). On roofs containing some asbestos-containing and some non-
asbestos-containing materials, coverage under the NESHAP depends on the
methods used to remove each type of material in addition to other
coverage thresholds specified above. For example, it is not uncommon for
existing roofs to be made of non-asbestos BUR and base flashings that do
contain asbestos. In that situation, EPA construes the NESHAP to be
inapplicable to the removal of the non-asbestos BUR using an RB cutter
so long as the RB cutter is not used to cut 5580
[[Page 112]]
ft\2\ or more of the asbestos-containing base flashing or other
asbestos-containing material into sections. In addition, the use of
methods that slice, shear, punch or pry could then be used to remove the
asbestos flashings and not trigger coverage under the NESHAP.
II. Notification
2.1. Notification for a demolition is always required under the
NESHAP. However, EPA believes that few roof removal jobs constitute
``demolitions'' as defined in the NESHAP (Sec. 61.141). In particular,
it is EPA's view that the removal of roofing systems (i.e., the roof
membrane, insulation, surfacing, coatings, flashings, mastic, shingles,
and felt underlayment), when such removal is not a part of a demolition
project, constitutes a ``renovation'' under the NESHAP. If the operation
is a renovation, and Category I roofing material is being removed using
either manual methods or slicing, notification is not required by the
NESHAP. If Category II material is not friable and will be removed
without crumbling, pulverizing, or reducing it to powder, no
notification is required. Also, if the renovation involves less than the
threshold area for applicability as discussed above, then no
notification is required. However, if a roof removal meets the
applicability and threshold requirements under the NESHAP, then EPA (or
the delegated agency) must be notified in advance of the removal in
accordance with the requirements of Sec. 61.145(b), as follows:
<bullet> Notification must be given in writing at least 10 working
days in advance and must include the information in Sec. 61.145(b)(4),
except for emergency renovations as discussed below.
<bullet> The notice must be updated as necessary, including, for
example, when the amount of asbestos-containing roofing material
reported changes by 20 percent or more.
<bullet> EPA must be notified if the start date of the roof removal
changes. If the start date of a roof removal project is changed to an
earlier date, EPA must be provided with a written notice of the new
start date at least 10 working days in advance. If the start date
changes to a later date, EPA must be notified by telephone as soon as
possible before the original start date and a written notice must be
sent as soon as possible.
<bullet> For emergency renovations (as defined in Sec. 61.141),
where work must begin immediately to avoid safety or public health
hazards, equipment damage, or unreasonable financial burden, the
notification must be postmarked or delivered to EPA as soon as possible,
but no later than the following work day.
III. Emission Control Practices
A. Requirements to Adequately Wet and Discharge No Visible Emission
3.A.1. The principal controls contained in the NESHAP for removal
operations include requirements that the affected material be adequately
wetted, and that asbestos waste be handled, collected, and disposed of
properly. The requirements for disposal of waste materials are discussed
separately in section IV below. The emission control requirements
discussed in this section III apply only to roof removal operations that
are covered by the NESHAP as set forth in Section I above.
3.A.2. For any operation subject to the NESHAP, the regulation
(Secs. 61.145(c)(2)(i), (3), (6)(i)) requires that RACM be adequately
wet (as defined in Sec. 61.141) during the operation that damages or
disturbs the asbestos material until collected for disposal.
3.A.3. When using an RB roof cutter (or any other method that sands,
grinds, cuts or abrades the roofing material) to remove Category I
asbestos-containing roofing material, the emission control requirements
of Sec. 61.145(c) apply as discussed in Section I above. EPA will
consider a roof removal project to be in compliance with the
``adequately wet'' and ``discharge no visible emission'' requirements of
the NESHAP if the RB roof cutter is equipped and operated with the
following: (1) a blade guard that completely encloses the blade and
extends down close to the roof surface; and (2) a device for spraying a
fine mist of water inside the blade guard, and which device is in
operation during the cutting of the roof.
B. Exemptions From Wetting Requirements
3.B.1. The NESHAP provides that, in certain instances, wetting may
not be required during the cutting of Category I asbestos roofing
material with an RB roof cutter. If EPA determines in accordance with
Sec. 61.145(c)(3)(i), that wetting will unavoidably damage the building,
equipment inside the building, or will present a safety hazard while
stripping the ACM from a facility component that remains in place, the
roof removal operation will be exempted from the requirement to wet
during cutting. EPA must have sufficient written information on which to
base such a decision. Before proceeding with a dry removal, the
contractor must have received EPA's written approval. Such exemptions
will be made on a case-by-case basis.
3.B.2. It is EPA's view that, in most instances, exemptions from the
wetting requirements are not necessary. Where EPA grants an exemption
from wetting because of the potential for damage to the building, damage
to equipment within the building or a safety hazard, the NESHAP
specifies alternative control methods (Sec. 61.145(c)(3)(i)(B)).
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Alternative control methods include (a) the use of local exhaust
ventilation systems that capture the dust, and do not produce visible
emissions, or (b) methods that are designed and operated in accordance
with the requirements of Sec. 61.152, or (c) other methods that have
received the written approval of EPA. EPA will consider an alternative
emission control method in compliance with the NESHAP if the method has
received written approval from EPA and the method is being implemented
consistent with the approved procedures (Sec. 61.145(c)(3)(ii) or
Sec. 61.152(b)(3)).
3.B.3. An exemption from wetting is also allowed when the air or
roof surface temperature at the point of wetting is below freezing, as
specified in Sec. 61.145(c)(7). If freezing temperatures are indicated
as the reason for not wetting, records must be kept of the temperature
at the beginning, middle and end of the day on which wetting is not
performed and the records of temperature must be retained for at least 2
years. 42 CFR Sec. 61.145(c)(7)(iii). It is EPA's interpretation that in
such cases, no written application to, or written approval by the
Administrator is needed for using emission control methods listed in
Sec. 61.145(c)(3)(i)(B), or alternative emission control methods that
have been previously approved by the Administrator. However, such
written application or approval is required for alternative emission
control methods that have not been previously approved. Any dust and
debris collected from cutting must still be kept wet and placed in
containers. All of the other requirements for notification and waste
disposal would continue to apply as described elsewhere in this notice
and the Asbestos NESHAP.
C. Waste Collection and Handling
3.C.1. It is EPA's interpretation that waste resulting from slicing
and other methods that do not cut, grind, sand or abrade Category I
nonfriable asbestos-containing roofing material is not subject to the
NESHAP and can be disposed of as nonasbestos waste. EPA further
construes the NESHAP to provide that if Category II roofing material
(such as A/C shingles) is removed and disposed of without crumbling,
pulverizing, or reducing it to powder, the waste from the removal is not
subject to the NESHAP waste disposal requirements. EPA also interprets
the NESHAP to be inapplicable to waste resulting from roof removal
operations that do not meet or exceed the coverage thresholds described
in section I above. Of course, other State, local, or Federal
regulations may apply.
3.C.2. It is EPA's interpretation that when an RB roof cutter, or
other method that similarly damages the roofing material, is used to cut
Category I asbestos containing roofing material, the damaged material
from the cut (the sawdust or debris) is considered asbestos containing
waste subject to Sec. 61.150 of the NESHAP, provided the coverage
thresholds discussed above in section 1 are met or exceeded. This
sawdust or debris must be disposed of at a disposal site operated in
accordance with the NESHAP. It is also EPA's interpretation of the
NESHAP that if the remainder of the roof is free of the sawdust and
debris generated by the cutting, or if such sawdust or debris is
collected as discussed below in paragraphs 3.C.3, 3.C.4, 3.C.5 and
3.C.6, the remainder of the roof can be disposed of as nonasbestos waste
because it is considered to be Category I nonfriable material (as long
as the remainder of the roof is in fact nonasbestos material or if it is
Category I asbestos material and the removal methods do not further
sand, grind, cut or abrade the roof material). EPA further believes that
if the roof is not cleaned of such sawdust or debris, i.e., it is
contaminated, then it must be treated as asbestos-containing waste
material and be handled in accordance with Sec. 61.150.
3.C.3. In order to be in compliance with the NESHAP while using an
RB roof cutter (or device that similarly damages the roofing material)
to cut Category I asbestos containing roofing material, the dust and
debris resulting from the cutting of the roof should be collected as
soon as possible after the cutting operation, and kept wet until
collected and placed in leak-tight containers. EPA believes that where
the blade guard completely encloses the blade and extends down close to
the roof surface and is equipped with a device for spraying a fine mist
of water inside the blade guard, and the spraying device is in operation
during the cutting, most of the dust and debris from cutting will be
confined along the cut. The most efficient methods to collect the dust
and debris from cutting are to immediately collect or vacuum up the
damaged material where it lies along the cut using a filtered vacuum
cleaner or debris collector that meets the requirements of 40 CFR 61.152
to clean up as much of the debris as possible, or to gently sweep up the
bulk of the debris, and then use a filtered vacuum cleaner that meets
the requirements of 40 CFR 61.152 to clean up as much of the remainder
of the debris as possible. On smooth surfaced roofs (nonaggregate
roofs), sweeping up the debris and then wet wiping the surface may be
done in place of using a filtered vacuum cleaner. It is EPA's view that
if these decontamination procedures are followed, the remaining roofing
material does not have to be collected and disposed of as asbestos
waste. Additionally, it is EPA's view that where such decontamination
procedures are followed, if the remaining portions of the roof are non-
asbestos or Category I nonfriable asbestos material, and if the
remaining portions are removed using removal methods that slice, shear,
punch or
[[Page 114]]
pry, as discussed in section 1.C above, then the remaining portions do
not have to be collected and disposed of as asbestos waste and the
NESHAP's no visible emissions and adequately wet requirements are not
applicable to the removal of the remaining portions. In EPA's
interpretation, the failure of a filtered vacuum cleaner or debris
collector to collect larger chunks or pieces of damaged roofing material
created by the RB roof cutter does not require the remaining roofing
material to be handled and disposed of as asbestos waste, provided that
such visible chunks or pieces of roofing material are collected (e.g. by
gentle sweeping) and disposed of as asbestos waste. Other methods of
decontamination may not be adequate, and should be approved by the local
delegated agency.
3.C.4. In EPA's interpretation, if the debris from the cutting is
not collected immediately, it will be necessary to lightly mist the dust
or debris, until it is collected, as discussed above, and placed in
containers. The dust or debris should be lightly misted frequently
enough to prevent the material from drying, and to prevent airborne
emissions, prior to collection as described above. It is EPA's
interpretation of the NESHAP that if these procedures are followed, the
remaining roofing material does not have to be collected and disposed of
as asbestos waste, as long as the remaining roof material is in fact
nonasbestos material or if it is Category I asbestos material and the
removal methods do not further sand, grind, cut or abrade the roof
material.
3.C.5. It is EPA's interpretation that, provided the roofing
material is not friable prior to the cutting operation, and provided the
roofing material has not been made friable by the cutting operation, the
appearance of rough, jagged or damaged edges on the remaining roofing
material, due to the use of an RB roof cutter, does not require that
such remaining roofing material be handled and disposed of as asbestos
waste. In addition, it is also EPA's interpretation that if the sawdust
or debris generated by the use of an RB roof cutter has been collected
as discussed in paragraphs 3.C.3, 3.C.4 and 3.C.6, the presence of dust
along the edge of the remaining roof material does not render such
material ``friable'' for purposes of this interpretive rule or the
NESHAP, provided the roofing material is not friable prior to the
cutting operation, and provided that the remaining roofing material near
the cutline has not been made friable by the cutting operation. Where
roofing material near the cutline has been made friable by the use of
the RB cutter (i.e. where such remaining roofing material near the
cutline can be crumbled, pulverized or reduced to powder using hand
pressure), it is EPA's interpretation that the use of an encapsulant
will ensure that such friable material need not be treated or disposed
of as asbestos containing waste material. The encapsulant may be applied
to the friable material after the roofing material has been collected
into stacks for subsequent disposal as nonasbestos waste. It is EPA's
view that if the encapsulation procedure set forth in this paragraph is
followed in operations where roofing material near the cutline has been
rendered friable by the use of an RB roof cutter, and if the
decontamination procedures set forth in paragraph 3.C.3 have been
followed, the NESHAP's no visible emissions and adequately wet
requirements would be met for the removal, handling and disposal of the
remaining roofing material.
3.C.6. As one way to comply with the NESHAP, the dust and debris
from cutting can be placed in leak-tight containers, such as plastic
bags, and the containers labeled using warning labels required by OSHA
(29 CFR 1926.58). In addition, the containers must have labels that
identify the waste generator (such as the name of the roofing
contractor, abatement contractor, and/or building owner or operator) and
the location of the site at which the waste was generated.
IV. Waste Disposal
A. Disposal Requirements
4.A.1. Section 61.150(b) requires that, as soon as is practical, all
collected dust and debris from cutting as well as any contaminated
roofing squares, must be taken to a landfill that is operated in
accordance with Sec. 61.154 or to an EPA-approved site that converts
asbestos waste to nonasbestos material in accordance with Sec. 61.155.
During the loading and unloading of affected waste, asbestos warning
signs must be affixed to the vehicles.
B. Waste Shipment Record
4.B.1. For each load of asbestos waste that is regulated under the
NESHAP, a waste shipment record (WSR) must be maintained in accordance
with Sec. 61.150(d). Information that must be maintained for each waste
load includes the following:
<bullet> Name, address, and telephone number of the waste generator
<bullet> Name and address of the local, State, or EPA regional
office responsible for administering the asbestos NESHAP program
<bullet> Quantity of waste in cubic meters (or cubic yards)
<bullet> Name and telephone number of the disposal site operator
<bullet> Name and physical site location of the disposal site
<bullet> Date transported
<bullet> Name, address, and telephone number of the transporter(s)
<bullet> Certification that the contents meet all government
regulations for transport by highways.
[[Page 115]]
4.B.2. The waste generator is responsible for ensuring that a copy
of the WSR is delivered to the disposal site along with the waste
shipment. If a copy of the WSR signed by the disposal site operator is
not returned to the waste generator within 35 days, the waste generator
must contact the transporter and/or the disposal site to determine the
status of the waste shipment. 40 CFR 61.150(d)(3). If the signed WSR is
not received within 45 days, the waste generator must report, in
writing, to the responsible NESHAP program agency and send along a copy
of the WSR. 40 CFR 61.150(d)(4). Copies of WSRs, including those signed
by the disposal site operator, must be retained for at least 2 years. 40
CFR 61.150(d)(5).
V. Training
5.1. For those roof removals that are subject to the NESHAP, at
least one on-site supervisor trained in the provisions of the NESHAP
must be present during the removal of the asbestos roofing material. 40
CFR 61.145(c)(8). In EPA's view, this person can be a job foreman, a
hired consultant, or someone who can represent the building owner or
contractor responsible for the removal. In addition to the initial
training requirement, a refresher training course is required every 2
years. The NESHAP training requirements became effective on November 20,
1991.
5.2. Asbestos training courses developed specifically to address
compliance with the NESHAP in roofing work, as well as courses developed
for other purposes can satisfy this requirement of the NESHAP, as long
as the course covers the areas specified in the regulation. EPA believes
that Asbestos Hazard Emergency Response Act (AHERA) training courses
will, for example, satisfy the NESHAP training requirements. However,
nothing in this interpretive rule or in the NESHAP shall be deemed to
require that roofing contractors or roofing workers performing
operations covered by the NESHAP must be trained or accredited under
AHERA, as amended by the Asbestos School Hazard Abatement
Reauthorization Act (ASHARA). Likewise, state or local authorities may
independently impose additional training, licensing, or accreditation
requirements on roofing contractors performing operations covered by the
NESHAP, but such additional training, licensing or accreditation is not
called for by this interpretive rule or the federal NESHAP.
5.3. For removal of Category I asbestos containing roofing material
where RB roof cutters or equipment that similarly damages the asbestos-
containing roofing material are used, the NESHAP training requirements
(Sec. 61.145(c)(8)) apply as discussed in Section I above. It is EPA's
intention that removal of Category I asbestos-containing roofing
material using hatchets, axes, knives, and/or the use of spud bars, pry
bars and shovels to lift the roofing material, or similar removal
methods that slice, punch, or shear the roof membrane are not subject to
the training requirements, since these methods do not cause the roof
removal to be subject to the NESHAP. Likewise, it is EPA's intention
that roof removal operations involving Category II nonfriable ACM are
not subject to the training requirements where such operations are not
subject to the NESHAP as discussed in section I above.
[59 FR 31158, June 17, 1994, as amended at 60 FR 31920, June 19, 1995]