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          If phased renovation
          record  schedule:     J//L fleer

          If activity has not begun,  obtain work schedule  for asbestos removal
          (return at that time). Ltbroru  ni*4>t/- schedLufedL  <£a Tf-arf- 13 Tblu
          xVi/<5/tAz_-5 re,rur6iTA,s*^q  e^ajl'j,  C^ilii^a , /Y~

IV.   LOCATION  OF FRIABLE MATERIAL \Je.r*ifi   ofurf <->t-edL fc
           Unit or section removal  -
           Use of surfactant  -  y^ Sb/5© polao^e^l^^^efUer/e.^r-, 5%  bi  UscL DOM.DC.C^ fe.
           Water availability -                  f
           Local exhaust ventilation/          ,                  ,,
             collection system          ^Oi^e. 0-fK.er f^tdAa  O?e Cf-
             (no visible emissions or  corf-H HfPA p(/°(-«r f
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POST INSPECTION INTERVIEW

     •    Discuss Findings with  Responsible  Individuals--i.e., compliance
          status, sampling activity,  etc.

     •    Present Recommendations—which  might  include:
               improve waste handling methods;
               use a surfactant;
               more thorough job of stripping;  and
               keep waste FAM wet at all  times  prior  to  disposal.

     t    Delineate Followup Activities--such as  additional  sampling or
          analysis activity, or additional  inspections to  observe  operations.
                                       87
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SITE EXIT OBSERVATIONS

     •    Resurvey  Site  from  Outside--the  location/arrangement of certain
          aspects of the site may be more  clear  than was noted during the
          presurvey.

     •    Observe Waste  Storage Area—if it  was  not evident prior to entering.

     •    Note Changes  Since  Site Entry—sometimes good work  practices
          observed  during the formal inspection  will not continue after
          departure of  the EPA inspector.

INSPECTION OF LANDFILL  OR WASTE DISPOSAL SITE

     •    To complete an inspection  of a demolition or renovation site the  EPA
          inspector must also verify that the waste FAM  is  properly  disposed.

     t    The generator of FAM is responsible for any waste handling
          violations even at the  waste disposal  site.

Procedure

     •    Upon site entry the site  operator  should be  contacted  to  determine
          if the landfill is permitted to operate and  determine  the  expiration
          date of permit.
                                      88
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     •    Determine what requirements were met for the site operator to obtain
         a  permit and what regulatory agency permitted the site.

     t    Inspect site to  determine if there are any violations of the
         regulations  (discussed earlier); i.e.,
               no visible  emission; or
               cover with  6 inches of fill within 24 hours; or
               cover with  dust suppression agent within 24 hours.

DISPOSAL SITE FIELD DATA  COLLECTION CHECKLIST

     •    The 4-page waste disposal site inspection  checklist  (attached) was
         developed by GCA based on field inspection experience.

     •    A blank copy  is  provided  in Appendix B for your  use  if you choose to
         adopt the checklist.
                                    89
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                    LANDFILL FIELD DATA  COLLECTION CHECKLIST

SITE NAME:     ft "$ C
     Address:    \~L"$
                 WYvl^\fHcuA ,  MY.  \HO30

     Date and time:   ._.      _   _ _,,
     Weather Conditions:
     Investigator:
     Site Contact:  Name:    j"ot.
                    Affiliation:  ?


                    Phone:   (7 | fc) 3 4 5" -

     Confidentiality  Claim Asserted:   Yes   \ _ .No
     Permission to  take  photographs on site: Yes    X	No	

BACKGROUND INFORMATION:

     Operating Schedule:

          hr/d   ~] VL     d/wk   5       wk/yr  5 £•         d/yr  2.C Cj

     Scheduled shutdowns :	r^tovve^	

     Permitted Site:

     Yes  )(    No	,  if yes then permit number  and effective dates_

                 
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     Permitted by:    fOeuj  NwV  Vg o,z
     Requirements to obtain permit(s):

     _ £>  ' dici'ity
SITE DESCRIPTION;
     Years of operation _ (& _ ,  expected life span _ 3- 5
     Surrounding land use:*
     (*Note North,  South,  East,  and West Orientations)

                                          Tc^A  -TC,
                                                                        r'\ c
     Type of landfill  (area,  slope/ramp, trench, pit/quarry)  -  — r-    \


     Run-on /Run-off  control measures -
     ^vji^VvxlO W^tTi ^roin.vi«A  -h> on-5vfe
     Kerr^tH  U^C.li ar^^,
     Wind erosion  control  measures -          Tre^      a\t>A«i.  ^-Ve
SITE CONTACT INTERVIEW - ASBESTOS WASTE HANDLING;
     How was  it  deposited (e.g. manually off-loaded,  dumped semi-
     automatically)?
     How was  it  containerized? T^oo  :?>   f »cxi-ix<- t.

     Where was it actually deposited? (note  on sketch)  TA ^e iXA.wai-tn cv\
                              10   »  tUo

                                        91
     When was asbestos-containing waste last received?  TLo°  ciayi f-\or -V«  yft*- v/»5i"r
                                                                 Y
     Type of waste and  generator?                 _- \v   Q_V
                                                r^T^VV*  Rtr
     Over the previous  two months, how many asbestos-containing waste
     shipments have  been received?  £>\n.

     Where has the material been deposited?  _                           ^l  ^e^e -\K* U.

                                            of
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VISUAL OBSERVATIONS:

     Waste sufficiently  covered?  (depth of cover material)    v/W-V-^  A*pe*y "V
     ^^^il'^t^A  fc" ^ C'J* '«  "*** *KUou^
     Type of cbver material?   $v\\  .^te^ed  ^  si4e- .

     Is a dust  suppressant agent used? NJ o     Type?

     Signs or fences  present? e  -£<-.Attti •
      IcoV^^, 4^4^  VUA^ T *>$. ^et -K, tl\e -to^cU «^i \
     Any inactive (closed) portions?
      vi                     ^

     Is any asbestos-containing waste exposed?
       Mo
     If the material is exposed ---

          Was  it  deposited with the past 24 hours?

          Is  it sealed in leak-tight containers
            and are the containers intact?

          Are  the containers properly labeled?

          Are  visible emissions present?

 SAMPLING  (repeat for each sample taken);  Js/,

     Sample identification number(s) -

     Sample location(s) -

     Visible  emissions present?   IV]^
      (*Note:   take photographs)

 FOR INACTIVE  SITES OR PORTIONS THEREOF;

     Are  visible emissions present?  NJo

     Are  warning signs posted?  M0

      Does a fence or natural barrier surround the site? or   ^5

      Has  the  asbestos-containing waste  been covered by six Inches  of  material
      and  does a vegetative cover  exist?  or    v,
                                           —    7
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                                           SKETCH OF DISPOSAL SITE  (PLAN VIEW)
                       (Include Site  Entrance and Boundaries,  Roadways,  Active Cells, Closed Cells,

               Borrow Areas,  Direction of Prevailing Wind,  Location of Deposited Asbestos-Containing Waste)
                  MM"
                  'CVx/v
\   j
                 z
                                                                 D
                                      1V\.<+\KTt


                                      Em ?d,
';
                               11 c i /7ft
                                                            qoo^
                                                           J

                                                           /'s /



                                                          ^ /<_
                          K"  f;:
                                                                                               e «xc C-
-------
                          10.  ASBESTOS BULK SAMPLING

PURPOSE

     t    The purpose  of bulk sampling  is  to  determine if friable material
          contains regulated amounts of asbestos  (>1 percent by weight) and,
          therefore, whether the  owner  or  operator  is subject to the Asbestos
          NESHAP, and  which  friable materials must  be handled accordingly.

     •    There will  be no discussion of ambient  level sampling or analysis
          since there  is no  regulation  under  the  EPA NESHAPs program.

PROTECTIVE EQUIPMENT

     Since there are no specific  requirements for protective equipment  under
NESHAPs, it is recommended that the  OSHA safety requirements be followed  as
previously discussed in Sections  6 and  7.   The  following is a brief  summary:

     •    Respirator—asbestos-rated filter mask  or cartridge type respirator,
          or better if  the situation warrants it.

     t    Clothing—disposable Tyvek®!-piece suit with  booties and  hood, or
          equivalent, and PVC gloves are recommended if  a large number  of
          samples are taken, or if materials surrounding sample site must be
          disassembled for access (e.g., ceiling  tiles).
                                      94
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     t    Hardhat,  safety  glasses, safety shoes, and ear protection are
          recommended,  and may  be required by site owner or contractor.

SAMPLING EQUIPMENT

     Some items that may be  useful obtaining bulk samples from a demolition or
renovation site include the  following:

     •    Sample Containers—Any  dry,  clean container such as a 35mm film
          canister  or plastic bag.

     •    Mater Spray Bottle--For wetting a surface prior to sampling to
          prevent generation of dust.

     •    Adhesive  Tape--To  seal  the  sample container and repair a sampled
          area, such as a  pipe  lagging,  if necessary.

     §    Tools, Drop Cloth--Tools such  as metal tweezers, a pen knife, or
          scissors  may be  useful.  A  drop cloth would be used to avoid
          contamination of an area if necessary.

     t    Handiwipes or Paper Towels--To clean up a sampled area and tools
          following sampling to prevent  contamination of subsequent samples.

     •    Plastic Bags—To place waste material, if any, generated during the
          sampling  exercise. The bags should be properly sealed and disposed
          of as asbestos-containing material.
                                     95
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SITE SELECTION

     The NESHAPs regulation does not make  any  specific  recommendations  for
bulk sample site selections,  therefore,  we recommend that  the  guidelines
developed by TSCA for their "Asbestos in Schools"  program  will  be  considered.
The following lists the TSCA guidelines:

Establish Sampling Areas

     •    Each area should consist of homogenous friable material  applied in
          the same time period.

     •    Use building records,  history  of renovations  or  additions,  and
          visual inspection to determine homogeneity.

Identify Sites Within*Areas

     t    Identify at least 3 sample sites per sampling area.
               for large areal applications, use random number method
               contained in EPA-560/13-80-017 to assure random site selection,
               for line applications (i.e., pipes, ducts,  I-beams) GCA
               recommends a modified random number method to assure random
               site selection.
                                     96
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COLLECTION METHODS

     Again, as recommended by the TSCA rule,  the  following  guidance  is
suggested for collection of samples.

Prepare Sampling Area

     •    Spread a dropcloth under the sample activity area,  if necessary.

     •    Wet sample area with a light water mist to reduce fiber  release.

Collect Sample (TSCA Recommendations)

     •    Gently twist the open end of the sampling container into the
          material.  A core of the material should fall into the container.
          Or, a utensil can be used to scrap a sample into  a container.   A
          microscopist only needs about half of a full 35mm film canister to
          perform analysis by PLM.  Be sure to penetrate any paint or
          protective coating and all  the layers of the material.  If the
          sampling container or utensil cannot penetrate the material,
          consider whether the material is really friable or not.

     t    Tightly close the sampling container; wipe its exterior with  a damp
          cloth to remove any material which may have adhered to it during
          sampling.
                                     97
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     •    Tape the sampling container shut to prevent the  accidental  opening
          of the container during shipment or handling.

     •    Record the unique sample I.D.  number chosen at random on  a  label  and
          tape the label  to the corresponding sampling container.

CLEANUP PROCEDURES

     •    Photograph sample site, recording time,  date,  and exact  location.

     •    Clean sample tools,  if used, and discard dropcloth and cleanup  rags
          in plastic bags sealed with tape.   When  final  sample  is  taken,
          discard protective clothing in plastic  bags sealed with  tape.

     •    If necessary, repair sample site with tape and plastic to minimize
          fiber release prior  to the demolition or renovation activity.

QUALITY ASSURANCE

     The recommendations developed by TSCA for the "Asbestos in Schools"
program relative to sampling of asbestos materials consists of the following:

Sample I.D. Numbers

     Assign nonsystematic unique numbers for each sample and split sample to
prevent bias during analysis.
                                     98
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Chain of Custody Forms

     In order to assure that the samples  are  properly  identified and  tracked
throughout the analysis, the use of a  "Chain  of  Custody  Record" has been
recommended by EPA (attached).

Split Samples

     •    Establish a representative number of split  samples:
               based on guidance in EPA-560/13-80-017,
               QA program may encompass several  job sites.

     •    Collect consistent split samples:
               obtain identical  amounts of homogenous  material  for each split
               sample pair.

     •    Integrate split sample analysis with QA program:
               determine laboratory acceptability based  on  guidance in
               EPA-560/13-80-017,
               resolve split sample disagreements,
               reanalyze samples, if necessary.
                                     99
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                                                                   CHAIN OF CUSTODY  RECORD
  Projtct Codt
 Propel Name
SAMPLERS (Signature)
   I.D.
    NO.
DATE
                         TIME
LOCATION
                                                                                                                                                      REMARKS
   Relinquished by  (Signature)
                        Date/Time
                                         Received by (Signature!
                                                                                    Relinquished by  (Signature)
                                                                                                            Date/Time
                                                                                                                                              Received by  (Signature)
  Relinquished by  (Signature)
                                       Date/Time
                                         Received by (Signature)
                                                                                    Relinquished by  (Signature)
                                                                                                                           Date/Time
                                                                                                                               Received by  (Signature)
Relinquished by (Signature)
                                      Date /Time
                                         Received for Laboratory by
                                         (Signature)
                                                                                             Date/Time
                                                                                                          Remarks
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                            11.   LABORATORY ANALYSIS

INTRODUCTION

     •    The analysis of a bulk sample is intended to detect the
          quantity, as well as the specific type of asbestos for each
          sampling area.

     •    Following the collection of bulk samples  the EPA inspector or other
          EPA authority is responsible for the  following  steps:
               selection of analysis method,
               selection of qualified laboratory,
               statistical interpretation of  results.

ANALYSIS METHODS

     The NESHAPs program has no specific guidelines on analysis methods for
characterizing asbestos in bulk samples.  Therefore,  the  guidelines under the
TSCA "Asbestos In Schools" program published in 40 CFR Part 763 Appendix A are
used.

Polarized-Light Microscopy (PLM)

     •    Based on optical crystallographic properties, the PLM method must be
          performed by a microscopist with formal  training in Optical
          Mineralogy.
                                    101
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     t     PLM  gives a qualitative differentiation between asbestos and
          nonasbestos fibers along with a quantitative estimate of percent
          asbestos.

     •     Fiber identification requires determination of the following optical
          properties:
               morphology;
               color and pleochroism;
               refractive indices;
               birefringence;
               extinction characteristics; and
               sign of  elongation.

     •     PLM  specifications:
               detection limit = <1%,
               resolution limit = 1 um length (can identify fibers as small as
               a 0.1 ym diameter if length exceeds 1 ym),
               average  1980 cost = $43 per sample.

X-ray Diffraction (XRD)

     •     TSCA recommends XRD  to confirm  the  identity of asbestos  in samples
          analyzed by  PLM.

     •    XRD  is based on crystal  diffraction of  x-rays.   It is  subject to
          interferences from  nonasbestos  minerals.

                                    102
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     •    XRD specifications:
               detection  limit:   undetermined,
               resolution limit:  undetennined,
               average  1980 cost  =  $70  per  sample.

Electron Microscope (EM)  - Not approved for TSCA  rule.

     •    Two methods:
               transmission electron microscopy (TEM),
               scanning electron  microscopy (SEM).

     t    SEM and TEM give better resolution than PLM.

     •    TEM resolution is better  than SEM, but  also more  costly.

     •    EM average cost is $188 per sample (1980).

Other Techniques

     •    Infrared Absorption (IR)  and Differential  Thermal  Analysis  (DTA)  are
          only useful for high asbestos concentrations.

     t    Phase Contrast is only  used for analysis of air filter samples.
                                    103
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QA AND REPORTING

EPA QA Program

     •    Laboratory perfonnance based on correct identification  of  positive
          (asbestos) and negative (nonasbestos) samples.

     t    Four samples to each accepting laboratory  contain  different  types of
          asbestos and nonasbestos  (minerals,  fiberglass  or  mineral  wool,
          natural and synthetic fibers) material.

     •    Sample rounds available about twice  yearly.

     t    Updated list of participating labs available by calling RTI  at
          1-800-334-8571, extension 6741.

New Laboratory Evaluation

     •    TSCA has presented recommendations for evaluating  performance of new
          laboratories (EPA 560/13-80-017 Appendix B)  which  are based  on split
          sample evaluations and number of disagreements.

     •    GCA recommends contracting for complete characterization of  mineral
          matter; this requires an  experienced microscopist.
                                    104
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Analysis Report Contents

     •    Sample I.D.  number.

     •    Analytical  method:   PLM,  and XRD if applicable.

     t    Sample appearance:   homogeneity, identification  of subsamples  and
          number of slides.

     •    Sample pretreatment (grind,  wash and dry,  homogenize,  or other).

     •    Amount examined.

     •    Types of asbestos present, relative percentage of each,  and total
          percent asbestos in sample.

     •    Types of nonasbestos fibrous material,  relative  percentage of  each,
          and total percent of nonasbestos fibrous material  in  sample.

     •    Quantitation method:  point count or equivalent estimation.

     •    Quality control:  number of slides per sample and number of splits
          per set, QA/QC for equivalent estimation method (if used).
                                    105
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Statistical  Analysis of Results (EPA-560/13-80-017)

     t    Calculate confidence interval  for the average percent asbestos in a
          sampling area.

     •    Accounts for range of results  due to:
               analytical  techniques;
               heterogenous materials; and
               sampling errors.
                                     106
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                      12.  ASBESTOS INSPECTION EXPERIENCE
Notes
                                     107
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Notes
                                     108
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Notes
                                     109
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                               ASBESTOS  REFERENCES

U.S. Environmental  Protection Agency, Guidance for Controlling Friable
Asbestos-Containing Materials in Buildings.   Office of Pesticides and Toxic
Substances, Washington,  D.C.   EPA-560/5-83-002,  March 1983.

U.S. Department of  Commerce,  National Bureau of  Standards.   Guidelines for
Assessment and Abatement of Asbestos-Containing  Materials  in Buildings.
Center for Building Technology, Washington,  D.C.   NBSIR 83-2688,  May 1983.

U.S. Environmental  Protection Agency, Asbestos-Containing  Materials in School
riuildings:  A Guidance Document, Part 1  and  2.   Office of  Toxic Substances,
Washington, D.C.  EPA-450/2-78-014,  March 1979.

U.S. Department of  Labor,  Occupational  Safety and Health Administration.
Occupational  Exposure to Asbestos:   Proposed Rule and Notice of Hearing.
Federal  Register Vol. 49,  No.  70, Tuesday, April  10,  1984.

U.S. Environmental  Protection Agency, Asbestos-Containing  Materials in School
Buildings, Guidance for Asbestos Analytical  Programs.   Draft Report.
EPA-560/13-80-01 7,  June  1980.

U.S. Environmental  Protection Agency, Region VII.   Asbestos  Exposure
Assessment in Buildings...   Inspection Manual.   March 1980.
                                     110
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The Foundation of the Wall and Ceiling Industry, Washington,  D.C.   Guide
Specifications for the Abatement of Asbestos Release from Spray- or Trowel -
Applied Materials in Buildings and Other Structures.  December 1981.

U.S. Environmental Protection Agency,  Interim Method for the  Determination of
Asbestiform Minerals in Bulk Insulation Samples.  June 1980.

U.S. Environmental Protection Agency,  Evaluation of Encapsulants for
Sprayed-On Asbestos-Containing Materials in Buildings.   Office of  Research and
Development.  Cincinnati, OH, 1981.

U.S. Environmental Protection Agency,  Support Document/Asbestos-Containing
Materials in Schools/Health Effects and Magnitude of Exposure.  Office of
Pesticides and Toxic Substances, Washington, D.C.  EPA-560/12-80-003,
October 1980.

U.S. Environmental Protection Agency,  Support Document/Asbestos-Containing
Materials in Schools/Economic Impact Analysis of Identification and
Notification.  Office of Pesticides and Toxic Substances,  Washington,  D.C.
EPA-560/12-80-004, November 1980.

National  Bureau of Standards, Proceedings  of the Workshop  on Asbestos:
Definitions and Measurement Methods, held  at NBS, Gaithersburg,  MD,
18-20 July 1^77.   NBS Special Publication  506,  Issued November 1978.
                                     Ill
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U.S. General  Accounting Office,  Asbestos In Schools:   A Dilemma.
GAO/ttD-82-114, August 31,  iy82.

S.22 EPA Demolition and Renovation  Inspection Procedures Prepared  by
Kenneth B.  Malmberg (EPA),  SSCD,  Washington,  D.C.   October  1975.
                                     112
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         APPENDIX A








 NATIONAL EMISSION  STANDARDS



FOR HAZARDOUS AIR POLLUTANTS








    SUBPART M - ASBESTOS
            113
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1365&
Federal Register /  Vol. 49, No. 67 / Thursday, April 5, 1984 / Rules and Regulations
ENVIRONMENTAL PROTECTION
AGENCY

40 CFR Part 61

[AO-FRL 2515-4]

National Emission Standards for
Hazardous Air Pollutants;
Amendments to Asbestos Standard

AGENCY: Environmental Protection
Agency (EPA).
ACTION: Final rule.

SUMMARY: Amendments to the national
emission standard for asbestos were
proposed in the Federal Register on July
13,1983 (48 FR 32126). This action
promulgates the amendments under
Section 112 of the Clean Air Act as
amended in 1977. The intended effect of
the amendments is to reinstate work
practice and equipment provisions of the
standard that were held not to be
emission standards by the U.S. Supreme
Court in 1978. They also reword and
rearrange the standard for clarity.
EFFECTIVE DATE: April 5,1984. Under
Section 307(b)(l) of the Clean Air Act,
judicial review of these amendments is
available only by'the filing of a petition
for review in the U.S. Court of Appeals
for the District of Columbia Circuit
within 60 days of today's publication of
this rule. Under Section 307(b)(2) of the
Clean Air Act, the requirements that are
the subject of today's notice may not be
challenged later in civil or criminal
proceedings brought by EPA  to enforce
these requirements.
ADDRESSES: Docket. A docket, number
A-83-02, containing information
considered by EPA in development of
the promulgated amendments, is
available for public inspection between
8:00 a.m. and 4:00 p.m., Monday through
Friday, at EPA's Central Docket Section
(LE-131), West Tower Lobby, Gallery 1.
401 M Street, SW., Washington, D.C.
20460. A reasonable fee may  be charged
for copying.
FOR FURTHER INFORMATION CONTACT
Mr. Robert L Ajax. Standards
Development Branch, Emission
Standards and Engineering Division
(MD-13), U.S. Environmental Protection
Agency, Research Triangle Park, North
Carolina 27711, telephone (919) 541-
5578.
SUPPLEMENTARY INFORMATION:
The Amendments
  The amendments reinstate portions of
the asbestos NESHAP that were
equipment or work practice
requirements. The Supreme Court held
in Adamo  Wrecking Company v. United
States. 434 U.S. 275 (1978) that work
                       practice requirements of the NESHAP
                       were not authorized by the 1970
                       Amendments to the Clean Air Act under
                       which they were originally promulgated.
                       The 1977 Amendments to the Act
                       specifically authorize such
                       requirements. On June 19,1978 (43 FR
                       26372), EPA repromulgated many of the
                       requirements under authority of the 1977
                       Amendments, and today's action
                       repromulgates the following remaining
                       requirements in a new Subpart M of 40
                       CFR Part 61.
                         1. Section 61.143 reinstates a
                       prohibition of surfacing roadways with
                       asbestos tailings or asbestos containing
                       waste.
                         2. Sections 61.145(c) and 61.147{g)
                       reinstate a partial exemption for
                       demolition operations for structurally
                       unsound buildings.
                         3. Section 61.147(e) reinstates the
                       requirement that asbestos removed
                       during demolition or renovation be kept
                       wet until it is collected for disposal. It
                       also requires that the asbestos not  be
                       dropped or thrown to the ground or a
                       lower floor and that asbestos removed
                       more than 50 feet above ground level be
                       transported to the ground in dust-tight
                       chutes or containers (unless it is
                       removed in units or sections).
                         4. Section 61.147(f) reinstates
                       alternative work practices that may be
                       used for removal of asbestos prior to
                       demolition when there are freezing
                       temperature conditions at the point
                       where the asbestos is being wetted.
                         5. Section 61.150 reinstates the
                       prohibition of installation of certain
                       molded or wet-applied insulating
                       materials that contain commercial
                       asbestos.
                         6. Sections 61.151(a) and 61.152(a)
                       simply refer to the 'requirements of
                       Section 61.156T
                         7. Sections 61.151 (b) and (c);  61.152(b)
                       (1), (2), and (3); 61.153(a) (2). (3), and (4);
                       61.154; and 61.156 (c) and (d) reinstate
                       alternative work practices or equipment
                       that may be used in lieu of complying
                       with a no visible emission limit.
                         8. Sections 61.153(b) and 61.156(b)
                       reinstate the requirement for warning
                       signs and fencing around asbestos
                       waste disposal sites if (1) the owner or
                       operator chooses to comply with a  no
                       visible emission limit rather than follow
                       specified work practices, and (2) there is
                       no natural barrier to deter access by the
                       general public.
                         In addition to these requirements,
                       today's action clarifies the asbestos
                       NESHAP by rewording and rearranging
                       it into a new Subpart M of 40 CFR Part

                                   114
 Public Participation
   The amendments were proposed in
 the Federal Register on July 13,1983 (48
 FR 32126). To provide interested persons
 the opportunity for oral presentation of
 data, views, or arguments concerning
 the proposed amendments, a public
 hearing was held on August 9,1983, at
 Research Triangle Park, North Carolina.
 The hearing was open to the public and
 each attendee was given an opportunity
' to comment on the proposed
 amendments. The public comment
 period was from July 13,1983, to
 September 9,1983.
   Fifteen comment letters were received
 and two interested parties testified at
 the public hearing concerning issues
 relative to the proposed amendments.
 The comments have been carefully
 considered and, where determined to be
 appropriate by the Administrator,
 changes have been made to the
 proposed amendments.

 Summary of Comments  and Changes to
 the Proposed Amendments
   Comments on the proposed
 amendments were received from
 industry, Federal agencies, State and
 local air pollution control agencies, and
 private citizens. The following summary
 of comments and responses serves as
 the basis for the revisions that have
 been made to the proposed
 amendments. Most of the letters
 contained multiple comments, some of
 which were outside the scope of this
 rulemaking. Those comments have been
 summarized in Item No. IV-B-1 of
 Docket No. A-83-02. They are being
 evaluated in conjunction with the
 comprehensive review of the asbestos
 NESHAP that is currently underway.
   Most of the remaining comments
 pertain to the effect that rewording and
 rearranging the proposed amendments
 had on the original meaning and intent
 of the asbestos NESHAP. Some of them
 also pertain to the reasonableness of
 those requirements being repromulgated
 (see list in the section entitled "The
 Amendments"). The comments are
 discussed below and are organized
 according to the sections of the
 proposed amendments to which they
 pertain.

 Section 61.141
   One commenter noted that the
 proposed definition of "demolition"
 deletes the previous reference to "any
 related removing or stripping of friable
 asbestos materials" and recommended
 restoring the definition to the old
 wording. The commenter believes that
 the new wording may be interpreted to
 not  include removing  and stripping.
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              Federal Register  /  Vol. 49, No. 67  / Thursday, April 5, 1984  / Rules  and Regulations       13659
   EPA intended that the proposed
 definition of "demolition" describe the
 activities that occur when a facility is
 demolished as distinguished from
 "renovation," as the term* are used in
 the regulation. The primary
 distinguishing activity is that load-
 supporting structural members are
 wrecked or taken out in a demolition
 operation but not in a renovation.
 Asbestos stripping or removal may
 occur in either but should not be used to
 define the primary activity of demolition
 or renovation. Section 61.145 clearly
 states that when demolition or
 renovation operations meet certain
 specified criteria regarding asbestos
 materials in the facility, they are subject
 to the regulation. Also, 5 61.147 clearly
 specifies that stripping or removal of
 asbestos materials during demolition or
 renovation must be carried out in
 accordance with the standard. It is not
 necessary to repeat these provisions in
 the definition of "demolition."
   One commenter noted that the
 proposed definition of renovation would
 apply only to removal of asbestos and
 not to stripping and recommended that
 the new definition be as comprehensive
 as the old one.
   EPA did not intend to omit the word
 "stripping" from the definition of
 "renovation" at the time of proposal.
 However, EPA has reevaluated the
 definition to determine the wording that
 would be the most useful and
 informative for the regulation. As
 discussed in the response to the
 previous comment about the definition
 of "demolition," the terms should be
 defined to describe the type of activity
,that is being carried out at a facility,
 regardless of the presence or absence of
 asbestos material, and the definition of
 "renovation" has been revised
 accordingly.
   One commenter recommended
 restoring the phrase "based on operating
 experience" to the definition of
 "planned renovation" to clarify the
 basis for predicting future renovations
 involving asbestos removal. The phrase
 was in the old definition. The
 commenter's recommendation has been
 incorporated into the amendments.
   One commenter requested
 clarification of the definition of
 "emergency renovation operation." He
 asked whether'it would include
 malfunctions, such as leaking valves,
 that require the removal of asbestos-
 containing insulation. Although these
 malfunctions are expected to occur, they
 are not planned or scheduled.
   EPA considers the type of occurrence
 described by the commenter to be part
 of a planned renovation operation and
 not an emergency renovation operation.
 The commenter indicated that although
 the situations are "not planned or
 scheduled, they are expected to occur.
 They would, therefore, fit the definition
 of "planned renovation operation" in
 S 61.141 that says. "Individual
 nonscheduled operations are included if
 a number of such operations can be
 predicted to occur during a given period
 of time."
 Section 61.145
   One commenter noted that the word
 "or" between "operators" and
 "demolition" in § 61.145(e) should be
 changed to "of." He indicated that the
 proper wording would show what he
 believed to be the Agency's intent  to
> limit applicability of the regulations to
 only "wreckers and renovators" and not
 to include facility owners and operators.
   The commenter is correct that the
 word "or" should be changed to "of,"
 and this correction has been made.
 However, the commenter's
 interpretation that the regulations apply
 to only "wreckers and renovators" and
 not to facility owners and operators is
 incorrect. The general provisions of 40
 CFR Part 61 define "owner or operator"
 as any person who owns, leases,
 operates, controls, or supervises a
 stationary source (40  CFR 61.02(1)). The
 stationary source in this case is the
 demolition or renovation operation. The
 demolition or renovation contractor
 would clearly be considered an owner
 or operator by "operating" the
 stationary source. The facility owner or
 operator, by purchasing the services of
 the demolition or renovation contractor,
 acquires ownership and control of the
 operation and would, therefore, be the
 "owner" for purposes of this standard.
 Therefore, the standard applies to  both
 the contractor and the facility owner or
 operator.

 Sections 61.146 and 61.147
   One commenter believes that the
 wording in §§ 61.146 and 61.147 is vague
 with respect to identifying who is
 subject to the requirements, unlike the
 wording in §§81.142, 61.143. 61.144,
 61.148, and 61.149, which is restrictive in
 describing the regulated party.
   EPA believes that the applicability  of
 §§ 61.146 and 61.147 as  described in
 5 61.145 adequately identifies those
 subject to the requirements of the
 demolition and renovation standard.
   One commenter questioned the intent
 of § 61.147(e)(l). The  regulation requires
 that asbestos materials be adequately
 wetted to ensure that they remain  wet
 during all remaining stages of demolition
 or renovation and related handling
 operations. The commenter asked
 whether this requirement should be

             115
interpreted to mean that the asbestos
has to stay wet even after it is properly
bagged and sealed.
  The intent of the requirement to keep
friable asbestos materials wet during all
remaining stages of demolition was to
ensure that the asbestos materials that
have been removed or stripped but not
yet disposed of are not allowed to dry
out so that asbestos fibers become
airborne. If they are properly sealed in
leak-tight containers or bags while wet,
they should not dry out before they can
be transferred to an acceptable disposal
site. In any case, after they are bagged,
the waste disposal requirements in
i 61.152 (and not { 61.147) would apply
to the handling of the asbestos
materials. To^larify the meaning of this
portion of the standard, the wording of
§ 61.147(e)(l) has been revised to
indicate that the asbestos materials
must be kept wet until they are collected
for disposal in accordance with § 61.152.
They would be considered "collected"
when they are properly bagged.

Section 61.150

  One commenter asked for clarification
of the intent of § 61.150, which prohibits
the installation of certain»asbestos-
containing insulating materials. It was
not clear to him whether the prohibition
affects manufacturing operations that
use parts containing asbestos such as
grommets, gaskets, string,.etc. in their
products.
  The preamble of the Federal Register
notice that contained the original
standard for insulating materials (39 FR
38064; October 25,1974) discusses the
intended applicability of the prohibition.
It is clear fom  that discussion that the
prohibition was intended to apply to
field installation of such insulating
products as molded, asbestos-reinforced
blocks, sheets, and semicircular sections
for pipe insulation; and powdered
asbestos cement products mixed into a
slurry and used to insulate irregular
shapes. These installations would have
been associated  with construction
activities on buildings and other
facilities. Therefore, the prohibition
would not affect manufacturing
operations that use asbestos-containing
parts in their products. The regulation
has been reworded to reflect EPA's
intended effect of the prohibition.

Section 61.154

  One commenter pointed out that the
units in § 81.154(a)(l)(iii) do not properly
relate square meters to square yards,
resulting in a lowering of the weight of
the filter by about 20 percent from the
old requirement; i.e., 14 oz./sq. yd. is not
equal to 14 oz./sq. meter. In addition, he
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13660      Federal Register / Vol. 49, No. 67  /  Thursday, April 5,  1984 / Rules and  Regulations
pointed out that the use of V\t inch is
not in keeping with EPA'a metric
program. The errors noted by the
commenter have been corrected in the
final rule.
Section 81.155
  One commenter requested
clarification of the Agency's intent in
{ 61.155, which requires that existing
sources covered by the asbestos
NESHAP provide to the Agency within
90 days information regarding their
asbestos emission control methods. The
commenter asked if renotification and
resubmission would be required if they
had already complied with these same
requirements in the old designation
S 61.24.
  EPA does not intend that existing
sources of asbestos emissions resubmit
notifications that were originally
required by the standard  promulgated in
1973. The wording of } 61.155 has been
revised to accurately reflect EPA's
intent.

M/sce//aneous
  One commenter expressed the opinion
that the proposed amendments do not
sufficiently correct the weakness of the
NESHAP regulations and that they
represent a "crude slap in the face to
asbestos victims and will create health
hazards of such proportions  that new
generations of asbestos victims will be
guaranteed." He supported his opinion
with the following arguments:
  1. The no visible emission limit is not
adequate for regulating airborne
asbestos because it does not take into
account the substantial asbestos disease
risk when emissions that are not visible
are present.
  2. The proposed reinstatement of the
exemption from certain wetting
requirements during demolition
operations in freezing temperatures
should not be allowed. Weather
conditions that do not allow wetting
should also not allow asbestos to be
removed. Wetting requirements are
important because they can reduce dust
levels by a power of 10.
  3. Allowing exceptions when local
entities pronounce buildings structurally
unsound is tantamount to opening a way
for widespread violation of health
practices.
  4. Under no circumstances should
visible emissions be allowed.
  5. All references to the economic
impact should be dropped. EPA should
concern itself with the economic impact
on society, which ends up paying for
disease victims produced by inadequate
work regulations.
  The first four of the commenter's
statements concern issues that are
currently being investigated in the
review of the asbestos NESHAP: the no
visible emission limit, the exemption
from wetting requirements during
freezing weather, and the exemption for
structurally unsound buildings. EPA will
evaluate the effect of these provisions
and determine whether they need to be
revised. That evaluation is beyond the
scope of today's rulemaking, however.
The amendments are intended to
reinstate the provisions of the original
NESHAP and not to include new
provisions or delete any of the original
ones. Therefore, no changes are being
made to these portions of the proposed
amendments.
  In response to the commenter's
suggestion to drop all references to the
economic impact of the proposed
amendments, the Agency believes that
economic impact on the regulated
entities is one of many factors that
should be considered when setting
standards under Section 112 of the
Clean Air Act. Any adverse economic
impact on society resulting from
inadequate regulations for a hazardous
air pollutant would be of concern to EPA.
as it would be a consequence of adverse
public health effects. The current review
of the NESHAP will include an
evaluation of this aspect of regulating
asbestos to determine if more stringent
requirements are needed.
  One commenter said that the
requirement in § 61.146(c)(3) to explain
the techniques of estimation of the
amount of asbestos for certain
demolition jobs seems to be a  new
requirement because he could not locate
it in the old regulation. The requirement
was in § 61.22(d)(l)(ii) of the old
regulation.
  One commenter said that States that
are enforcing the asbestos NESHAP
sometimes have a different
interpretation of regulations than EPA
and suggested that EPA provide
clarification of intent for the States.
  Under the Clean Air Act. States  are
free to require more stringent asbestos
emission control measures than those in
the asbestos NESHAP. EPA does,
however*provide EPA enforcement
determinations to States that have been
delegated authority to enforce the
NESHAP. These determinations include
EPA's interpretations of portions of the
regulation as questions arise concerning
them, and they are very useful in
ensuring consistency of enforcement
among the States and EPA Regional
Offices.
  One commenter said that there is a
statement in the proposal preamble that
is not true. It says, "Demolition and
renovation contractors typically
transport the asbestos they remove from
               116
a facility to a waste disposal site on a
daily basis." The commenter stated that
the economics of doing this would be
astronomical. For example, the cost of
hauling a small number of bags to a
disposal site 40 miles away would be
very high, and the contractor would wait
until a full load had accumulated.
  The Agency has carefully considered
this comment and concluded that no
changes to the regulation are needed
since it refers to a discussion in the
preamble to the proposed amendments.
There are no requirements in the
NESHAP that asbestos waste be
transported to a disposal" site daily.
  Three commenters said that the
amendments improve the clarity and
readability of the asbestos NESHAP and
two indicated that the required work
practices are currently being used by
their companies. Two commenters noted
typographical errors, which have been
corrected in the final rule. Other minor
changes were made in the final rule to
ensure that the new wording accurately
reflects the intent of the original
regulation and to further clarify the
requirements.

Docket
  The docket is an organized and
complete file of all the information
submitted to or otherwise considered by
EPA in the development of this
rulemaking. The principal purposes of
the docket are: (1) To allow interested
parties to identify readily and locate
documents so that they can effectively
participate in the rulemaking process;
and (2) to serve as the record in case of
judicial review, except for interagency
review materials (§ 307(d)(7)(A)).

Miscellaneous
   A review of this regulation has begun.
This review will include an assessment
of such factors as the need for
integration with other programs, the
existence of alternative methods,
enforceability, improvements  in
emission control technology and health
data, and reporting requirements.
   Under E.0.12291. EPA must judge
whether a regulation is "major" and
therefore subject to the requirement of a
Regulatory Impact Analysis. This
regulation is not major because it does
not meet any of the criteria specified in
the Executive Ofder regarding the
annual effect on the economy; increase
in cost or prices; or adverse effects on
competition, employment, investment,
productivity, innovation, or the ability of
 U.S. enterprises  to compete with foreign
enterprises.
   Information collection requirements
 associated with this rule (40 CFR 61.07.
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             Federal Register  /  Vol. 49. No.  67 / Thursday.  April 5.  1984 / Rules and Regulations       13661
 61.09, 61.10, 61.146, 81.148, and 61.155)
 have been approved by the Office of
 Management and Budget (OMB) under
 the provisions of the Paperwork
 Reduction Act of 1980.44 U.S.C. 3501 et
 seq. and have been assigned OMB
 control number 2000-0264.
   This regulation was submitted to the
 Office of Management and Budget
 (OMB) for review as required by E.O.
 12291.
   Pursuant to the provisions of 5 U.S.C.
 605(b). I hereby certify that this rule, if
 promulgated, will not have a significant
 economic impact on any small entities.

 List of Subjects in 40 CFR Part 61

   Air pollution control, Asbestos,
 Beryllium, Hazardous materials,
 Mercury, Vinyl chloride.
  Dated; March 30.1984.
 William D. Ruckelshaui,
 Administrator.

 PART 61—[AMENDED]

  40 CFR Part 61 is amended by
 redesignating Subpart B (|§ 61.20-61.25j
 as Subpart M and revising the new
 Subpart M to read as follows:

 Subpart M—National Emission Standard for
 Asbestos

 Sec.
 61.140  Applicability.
 61.141  Definitions.
 61.142  Standard for asbestos mills.
 61.143  Standard for roadways.
 61.144  Standard for manufacturing.
 61.145  Standard for demolition and
    renovation: Applicability.
 61.146  Standard for demolition and
    renovation: Notification requirements.
 61.147  Standard for demolition and
    renovation: Procedures for asbestos
    emission control.
 61.148  Standard for spraying.
61.149  Standard for fabricating.
 61.150  Standard for insulating materials.
01.151  Standard for waste disposal for
    asbestos mills.
61.152  Standard for waste disposal for
    manufacturing, demolition, renovation,
    spraying, and fabricating operations.
61.153  Standard for inactive waste disposal
    si tea for asbestos mills and
    manufacturing and fabricating
    operations.
61.154  Air-cleaning.
81.155  Reporting..
61.156  Active waste disposal sites.
  Authority: Sees. 112 and 301(a) of the Clean
Air Act, as amended (42 U.S.C. 7412, 7601(a)),
and additional authority as noted below.

Subpart  M—National Emission
Standard for Asbestos

 §61.140   Applicability.
  The provisions of this subpart are
 applicable  to those sources specified in
 5§ 61.142 through 61.153.
§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 wetted means sufficiently
mixed or coated with water or an
aqueous solution to prevent dust
emissions.
  Asbestos means the asbes'tiform
varieties of serpentinite (chrysotile),
riebeckite (crocidolite), cummingtonite-
grunerite, anthophyllite, and actinolite-
tremolite.
  Asbestos-containing waste materials
means any waste that contains
commercial asbestos and is generated
by a source subject to the provisions of
this subpart. This term includes asbestos
mill tailings, asbestos waste from
control devices, friable asbestos waste
material, and bags or containers that
previously contained commercial
asbestos. However, as applied to
demolition and renovation operations,
this term includes only friable asbestos
waste and asbestos waste from control
devices.
  Asbestos material means asbestos or
any material containing asbestos.
  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 in a pollution
control device.
  Commercial asbestos means any
asbestos that is extracted from asbestos
ore.
  Demolition means the wrecking or
taking out of any load-supporting
structural member of a facility together
with any related handling operations.
  Emergency renovation operations
means a renovation operation that was
not planned but results from a sudden,
unexpected event. This term includes
operations necessitated by nonroutine
failures of equipment.
  Fabricating means any processing of a
manufactured product that contains
commercial asbestos, with the exception
of processing at temporary sites for the
construction or restoration of facilities.
  Facility means any institutional,
commercial, or industrial structure,
installation, or building (excluding

             117
apartment buildings having no more
than four dwelling units).
  Facility component means any pipe,
duct, boiler, tank, reactor, turbine, or
furnace at or in a facility; or any -
structural member of a facility.
  Friable asbestos material means any
material containing more than 1 percent
asbestos by weight that hand pressure
can crumble, pulverize, or reduce to
powder when dry.
  Inactive waste disposal site means
any disposal site or portion of it where
additional asbestos-containing waste
material will not be deposited and
where the surface is not disturbed by
vehicular traffic.
  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.
  Outside air means the air outside
buildings and structures.
  Particulate asbestos material means
finely divided particles of asbestos
material.
  Planned renovation operations means
a renovation operation, or a number of
such operations, in which the amount of
friable asbestos material that will be
removed or stripped within a given
period of time 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.
  Remove means to take out friable
asbestos materials from any facility.
  Renovation means altering in any  way
one or more facility components.
Operations in which load-supporting
structural members are wrecked or
taken out are excluded.
  Roadways means surfaces on which
motor vehicles travel. This term includes
highways, roads, streets, parking areas,
and driveways.
  Strip means to take off friable
asbestos materials from any part of
facility.
  Structural member means any load-
supporting member of a facility, such as
beams and loan supporting walls; or any
nonload-supporting member, such as
ceilings and nonload-supporting walls.
  Visible emissions means any
emissions containing particulate
asbestos material that are visually
detectable without the aid of
instruments. This does not include
condensed uncombined water vapor.
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13662       Federal Register  /  Vol. 49. No. 67  /  Thursday, April 5, 1984  / Rules  and Regulations
5 61.142 Standard for aabesto* mill*.
  Each owner or operator of an asbestos
mill shall either discharge no visible
emissions to the outside air from that
asbestos mill or use the methods
specified by § 61.154 to clean emissions
containing particulate asbestos material
before they escape to, or are vented to,
the outside air.

$61.143 Standard for roadway*.
  No owner or operator of a roadway
may deposit asbestos tailings or
asbestos-containing waste material on
that roadway, unless it is a temporary
roadway on an area of asbestos ore
deposits.

§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.
  (B) 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.
  (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
  (2) Use the methods specified by
5 61.154 to clean emissions from these
operations containing particulate
asbestos material before they  escape to,
or are vented to, the outside air.

§ 61.145 Standard for demolition and
renovation: Applicability.
  The requirements of 85 61.146 and'
61.147 apply to each owner or  operator
of a demolition or renovation operation
as follows:
  (a) If the  amount of friable asbestos
materials in a facility being demolished
is at least 80 linear meters (260 linear
feet) on pipes or at least 15 square
meters (180 square feet) on other facility
components, all the requirements of
55 61.146 and 61.147 apply, except as
provided in paragraph (c) of this section.
  (b) If the amount of friable asbestos
materials in a facility being demolished
is less than 80 linear meters (260 linear
feet) on pipes and less than 15 square
meters (100 square feet) on other facility
components, only the notification
requirements of paragraphs (a), (b), and
(c) (1), (2), (3), (4), and (5) of J 61.146
apply.
  (c) If the facility is being demolished
under an order of a State or local
governmental agency, issued because
the facility is structurally unsound and
in danger of imminent collapse, only the
requirements in 5 61.146 and in
paragraphs (d), (e), (f), and (g) of
I 61.147 apply.
  (d) If at least 80 linear meters (260
linear feet) of friable asbestos materials
on pipes or at least 15 square meters
(160 square feet) of friable asbestos
materials on other facility components
are stripped or removed at a facility
being renovated, all the requirements of
15 61.146 and 61.147 apply.
  (1) To determine whether paragraph
(d) of this section applies to planned
renovation operations involving
individual nonscheduled operations,
predict the additive amount of friable
asbestos materials to be removed or
stripped over the maximum period of
time a prediction can be made, not to
exceed 1 year.
  (2) To determine whether paragraph
(d) of this section applies to emergency
renovation operations, estimate the
amount of friable asbestos materials to
be removed or stripped as a result of the
sudden, unexpected event that
necessitated the renovation.
  (e) Owners or operators of demolition
and renovation operations are exempt
from the requirements of §5 61.05(a),
61.07, and 61.09.

§ 61.146  Standard for demolition and
renovation: Notification requirement*.
  Each owner or operator to which this
section applies shall:
  (a) Provide the Administrator with
written notice of intention to demolish
or renovate.
  (b) Postmark or deliver the notice as
follows:
  (1) At least 10 days before demolition
begins if the operation is described in
5 61.145(a);
  (2) At least 20 days before demolition
begins if the operation is described in
5 61.145(b):
  (3) As early as possible before
demolition begins if the operation is
described in 5 61.145(c);
  (4) As early as possible before
renovation begins.

             118
  (c) Include the following information
in the notice:
  (1) Name and address of owner or
operator.
  (2) Description of the facility being
demolished or renovated, including the
size, age, and prior use of the facility.
  (3) Estimate of the approximate
amount of friable asbestos material
present in the facility. For facilities
described in 5 61.145(b), explain
techniques of estimation.
  (4) Location of the facility being
demolished or renovated.
  (5) Scheduled starting and completion
dates of demolition or renovation.
  (6) Nature of planned demolition or
renovation and method(s) to be used.
  (7) Procedures to be used to comply
with the requirements of this Subpart.
  (8) Name and location of the waste
disposal site where the friable asbestos
waste material will be deposited.
  (9) For facilities described in
5 61.145(c), the name, title, and authority
of the State or local governmental
representative who has ordered the
demolition.
(Approved by the Office of Management and
Budget under control number 2000-0264)

§ 61.147  Standard for demolition and
renovation: Procedure* for asbecto*
emission control.
  Each owner or operator to whom this
section applies shall comply with the
following procedures to prevent
emissions of particulate asbestos
material to the outside air:
  (a),Remove friable asbestos materials
from a facility being demolished or
renovated before any wrecking or
dismantling that would break up the
materials or preclude access to the
materials for subsequent removal.
However, friable asbestos materials
need not be removed before demolition
if:
  (1) They are on a facility component
that is encased in concrete or other
similar material; and
  (2) These materials are adequately
weited whenever exposed during
demolition.
  (b) When a facility component
covered or coated with friable asbestos
materials is being taken out of the
facility as units or in sections:
  (1) Adequately wet any friable
asbestos materials exposed during
cutting or disjointing operations; and
  (2) Carefully lower the units or
sections to ground level, not dropping
them or throwing them.
  (c) Adequately wet friable asbestos
materials when they are being stripped
from facility components before the
members are removed from the facility.
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             Federal Register /  Vol. 49,  No. 67  /  Thursday, April 5, 1984  / Rules  and  Regulations
                                                                       13663
 In renovation operations, wetting that
 would unavoidably damage equipment
 is not required if the owner or operator:
   (1) Asks the Administrator to
 determine whether wetting to comply
 with this paragraph would unavoidably
 damage equipment, and, before
 beginning to strip, supplies the
 Administrator with adequate
 information to make this determination;
 and
   (2) When the Administrator does
 determine that equipment damage
 would be unavoidable, uses a local
 exhaust ventilation and collection
 system designed and operated to
 capture the particulate asbestos
 material produced by the-stripping and
 removal of the friable asbestos
 materials. The system must exhibit no
 visible emissions  to the outside air or be
 designed and operated in accordance
 with the requirements in § 61.154.
  (d) After a facility component has
 been taken out of the facility as units or
 in sections, either
  (1) Adequately wet friable asbestos
 materials during stripping; or
  (2) Use a local exhaust ventilation and
 collection system designed and operated
 to capture the particulate asbestos
 material produced by the stripping. The
 system must exhibit no visible emissions
 to the outside air or be designed and
 operated in accordance with the
 requirements in § 61.154.
  (e) For friable asbestos materials that
 have been removed or stripped:
  (1) Adequately wet the materials to
 ensure that they remain wet until they
 are collected for disposal in accordance
 with $ 61.152; and
  (2) Carefully lower the materials to
 the ground or a lower floor, not dropping
 or throwing them; and
  (3) Transport the materials to the
ground via dust-tight chutes or
 containers if they have been removed or
 stripped more than 50 feet above ground
 level and were not removed as units or
 in sections.
  (f) When the temperature at the point
of wetting is below 0"C (32*F):
  (1) Comply with the requirements of
 paragraphs (d) and (e) of this section.
The owner or operator need not comply
with the other wetting requirements in
this section; and
  (2) Remove facility components
coated or covered with friable asbestos
 materials as units or in sections to the
maximum extent possible.
  (g) For facilities described in
 § 61.145(c), adequately wet the portion
of the facility that contains friable
 asbestos materials during the wrecking
 operation.
§ 61.148  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) Use materials that contain 1
percent asbestos or less on a dry weight
basis for spray-on application on
buildings, structures, pipes, and
conduits, except as provided in
paragraph (c) of this section.
  (b) For spray-on application of
materials that contain more than 1
percent asbestos on a dry weight basis
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 the spray-on
application of the asbestos-containing
material or use the methods  specified by
i 61.154 to clean emissions containing
particulate asbestos material before
they escape to, or are vented to, the
outside air.
  (c) The requirements of paragraphs (a)
and (b) of this section do not apply to
the  spray-on application of materials
where the asbestos fibers in the
materials are encapsulated with a
bituminous or resinous binder during
spraying and the materials are not
friable after drying.
  (d) Owners and operators of sources
subject to this section are exempt from
the  requirements of §§ 61.05(a), 81.07.
and 61.09.
(Approved by the Office of Management and
Budget under control number 2000-0284)

§ 61.149 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

             119
  (1) Discharge no visible emissions to
the outside air from any of the
operations or from any building or
structure in which they are conducted;
or
  (2) Use the methods specified by
§ 61.154 to clean emissions containing
particulate asbestos material before
they escape to, or are vented to, the
outside air.

$61.150 Standard for Inaulatlng material*.
  After the effective date of this
regulation, no owner or operator of a
facility may install or reinstall on a
facility component any insulating
materials that contain commercial
asbestos if the materials are either
molded and friable or wet-applied and
friable after drying. The provisions of
this paragraph do not apply to spray-
applied insulating materials regulated
under \ 61.148.

§ 61.151 Standard for watte disposal for
asbestos mills.
  Each owner or operator of any source
covered under the provisions of § 61.142
shall:
  [a] Deposit all asbestos-containing
waste material at waste disposal sites
operated in accordance with the
provisions of § 61.156; and
  (b) Discharge no visible emissions to
the outside air from the transfer of
asbestos waste from control devices to
the tailings conveyor, or use the
methods specified by $ 61.154 to clean
emissions containing particulate
asbestos material before they escape to,
or are vented to, the outside air. Dispose
of the asbestos waste from control
devices in accordance with $ 61.152(b)
or paragraph (c) of this section; and
  (c) Discharge no visible emissions to
the outside air during the collection,
processing, packaging, transporting, or
deposition of any asbestos-containing
waste material, or use one of the
disposal methods specified in
paragraphs (c) (I) 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 § 61.154 to clean emissions
containing particulate asbestos material
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13664
Federal  Register / Vol. 49, No. 67 / Thursday, April 5, 1984  /  Rules and Regulations
before they escape to, or are vented to,
the outside air.
  (iii) Wetting may be suspended when
the ambient temperature at the waste
disposal site is less than — 9.5'C (15*F).
Determine the ambient air temperature
by an appropriate measurement method
with an accuracy of ±1*C(±2'F), and
record it at least hourly while the
wetting operation is suspended. Keep
the records for at least 2 years in a form
suitable for inspection.
  (2) Use an alternative disposal method
that has received prior approval by the
Administrator.

§ 91.152 Standard for rate disposal for
manufacturing demolition, renovation,
•praying, and fabricating operation*.
  Each owner or operator of any source
covered under the provisions of
§5 61.144-61.149 shall:
  (a) Deposit all asbestos-containing
waste material at waste disposal sites
operated in accordance with the
provisions of 9 61.156; and
  (b) Discharge no visible emissions to
the outside air during the collection,
processing (including incineration),
packaging, transporting, or deposition of
any asbestos-containing waste material
generated by the source, or use one of
the disposal methods specified in
paragraphs (b)(l). (2). or (3) of this
section, as follows:
  (1) Treat asbestos-containing waste
material with water
  (i) Mix asbestos waste from control
devices with water to form a slurry,
adequately wet other asbestos-
containing waste material; and
  (ii) Discharge no visible emissions to
the outside air from collection, mixing,
and wetting operations, or use the
methods specified by i 61.154 to clean
emissions containing particulate
asbestos material before they escape to,
or are vented to, the outside air, and
  (iii) After wetting, seal all asbestos-
containing waste material in leak-tight
containers while wet; and
  (iv) Label the containers specified in
paragraph (b)(l)(iii) as follows:
CAUTION
Contains Asbestos-
Avoid Opening or
Breaking Container
Breathing Asbestos is hazardous
to Your Health
  Alternatively, use warning labels
specified by Occupational Safety and
Health Standards of the Department of
Labor, Occupational Safety and Health
Administration (OSHA) under 29 CFR
  (2) Process asbestos-containing waste
material into nonfriable forms:
                            (i) Form all asbestos-containing waste
                          material into nonfriable pellets or other
                          shapes; and
                            (ii) Discharge no visible emissions to
                          the outside air from collection and
                          processing operations, or use the
                          methods specified by f 81.154 to clean
                          emissions containing particulate
                          asbestos material before they escape to,
                          or are vented to, the outside air.
                            (3) Use an alternative disposal method
                          that has received prior approval by the
                          Administrator.
                          {61.153  Standard for Inactive waste
                          disposal sites for asbestos mills and
                          manufacturing and fabricating operations.
                            Each owner or operator of any
                          inactive waste disposal site that was
                          operated by sources covered under
                          55 61.142,61.144, or 61.149 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; 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, apply a resinous or
                          petroleum-based dust suppression agent
                          that effectively binds dust and controls
                          wind erosion. Use the agent as
                          recommended for the particular
                          asbestos tailings by the manufacturer of
                          the dust suppression agent. Obtain prior
                          approval of the Administrator to use
                          other equally effective dust suppression
                          agents. For purposes of this paragraph,
                          waste crankcase 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 (330
                          feet) 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:
                                        120
  (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
cmX36 cm (20"X14") 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
ArfMsto* WMU DtopoMl Su .
Do Not Cr«*U OuM 	
Breathing Aib««toi 1* Haz-
ardous to Your Health.
Notahen
2.5 cm (1 inch) Sana Serif,
Gothic or Block
1.S cm (* men) Sana Sent,
Gothe or Stock
14 PoM Gothic.
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) 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) The owner or operator may use an
alternative control method that has
received prior approval of the
Administrator radier than comply with
the requirements of paragraph (a) or (b)
of this section.

§61.154  Air-cleaning.
  (a) The owner or operator  who elects
to use air-cleaning, as permitted by
§5 61.142, 61.144. 61.147(c)(2).
61.147(d)(2), 61.148(b)(2), 61.149(b),
61.152(b)(l)(ii). andei.l52(b)(2) shall
  (1) Use fabric filter collection devices,
except as noted in paragraph (b) of this
section, doing all of the following:
  (i) Operating the fabric filter
collection devices at a pressure drop of
no more than 4 inches water gage, as
measured across the filter fabric; and
  (ii) Ensuring that the airflow
permeability, as determined  by ASTM
Method D737-75, does not exceed 9 m*/
min/m» (30 ft»/min7fta) for woven
fabrics or lls/min/ma(35 fts/min/fta)
for felted fabrics, except that 12 m»/
min/ma (40 ft'min/ft1) for woven and 14
ma/min/ma (45 ft smin/fta) for felted
fabrics is allowed for filtering air from
asbestos ore dryers; and
  (iii) Ensuring that felted fabric weighs
at least 475 grams per square meter (14
ounces per square yard) and is at least
1.8 millimeters (one-sixteenth inch) thick
throughout; and
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             Federal  Register / Vol. 49, No. 67 / Thursday.  April 5.  1984  /  Rules and Regulations       13665
  (iv) Avoiding the use of synthetic
fabrics that contain fill yarn other than
that which is spun.
  (2) Properly install, use, operate, and
maintain ali 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.
  (b) There are the following exceptions
to paragraph (a)(l):
  (1) If the use of fabric creates a fire or
explosion hazard, the Administrator
may authorize as a substitute the use of
wet collectors designed to operate with
a unit contacting energy of at least 9.95
kilopascals (40 inches water gage
pressure).
  (2) The Administrator may authorize
the use of filtering equipment other than
that described in paragraphs (a)(l) and
(b)(l) 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.

§61.155  Reporting.
  (a) Within 90 days after the effective
date of this subpart, each owner or
operator of any existing source to which
this subpart applies shall provide the
following information to the
Administrator, except that any owner or
operator who provided this information
prior to April 5,1984 in order to comply
with 5 61.24 (which this section
replaces) is not required to resubmit it.
  (1) A description of the emission
control equipment used for each
process; and
  (2) If a fabric filter device is used to
control emissions, the pressure drop
across the fabric filter in inches water
gage; and
  (i) If the fabric device uses a woven
fabric, the airflow permeability in m3/
min/m2 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/m2, the
minimum thickness in inches, and the
airflow permeability in ms/min/m*.
  (3) For sources subject to §| 61.151
and 61.152:
  (i) A brief description of each process
that generates asbestos-containing
waste material; and
  (ii) The average weight of asbestos-
containing waste material disposed of,
measured in kg/day; and
  (iii) The emission control methods
used in all stages of water 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.
  (4) For sources subject to } 61.153:
  (i) A brief description of the site; and
  (ii) The method or methods used to
comply with the standard, or alternative
procedures to be used.
  (b) The information required by
paragraph (a) of this section must
accompany the information required by
§ 61.10. The information described in
this section must be reported using the
format of Appendix A of this part.
(Sec. 114. Clean Air Act at amended (42
U.S.C. 7414)).
(Approved by this Office of Management and
Budget under control number 2000-0264)

§61.15« Active w«*t« disposal site*.
  To be an acceptable site for disposal
of asbestos-containing waste material
under § § 61.151 and 61.152, an active
waste disposal site must meet the
requirements of this section.
  (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)(l) 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
Atbmto* Wist* DnpoMl
S /our H*attft.
Notation
2.5 cm (1 inch) Sana Sent.
Gothic or Block.
1 9 cm (* inch) Sana Sam,
GotNc or Block.
14 Ponl GotNc.
 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, an active waste disposal
 site would be an acceptable site if 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 which was
 deposited at the site during the
 operating day or previous 24-hour period
 is covered with either.
  (1) At least 15 centimeters (6 inches)
 of compacted nonasbestos-containing
 material,  or
  (2) A resinous or petroleum-based
 dust suppression agent that effectively
 binds dust and controls wind erosion.
 This agent must be used as
 recommended for the particular dust by
 the manufacturer of the dust
 suppression agent.  Other equally
 effective dust suppression agents may
 be used upon prior approval by the
 Administrator. For purposes of this
 paragraph, waste crankcase oil is not
 considered a dust suppression agent.
  (d) Rather than meet the no visible
 emission  requirement of paragraph (a) cf
 this section, an active waste disposal
 site would be an acceptable site if an
 alternative control method for emissions
 that has received prior approval by the
 Administrator is used.
 (Sees. 112 and 301(a) of the Clean Air Act as
 amended (42 U.S.C. 7412, 7601(a))
 |FR Doc M-MM Filed 4-4-M: 8:45 am]
 BILLmO COM U40-M-M
                                                 121
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                                  APPENDIX B
                               ASBESTOS  SOURCES
                        FIELD  DATA  COLLECTION CHECKLISTS
1.   Demolition  and Renovation  Site  Inspections







2.   Landfill  Site Inspections
                                   122
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                           DEMOLITION AND RENOVATION
                        FIELD DATA COLLECTION CHECKLIST
I.     BACKGROUND INFORMATION

          Site location (Address):
          Date and time of inspection:
          Weather conditions:
          (ambient temperature)
          Name of Inspector:

      Site owner or operator:

                     Name:
                  Address:
                    Phone:

      Prime contractor or
      subcontractor:

                     Name:
                  Address:
                    Phone:

      Site contact:

                     Name:
              Affiliation:
                    Title:

      Notification given:  Yes	  No	  If no, why	

II.   BUILDING/STRUCTURE INFORMATION

          Use (office, retail, industry):
          Type of Construction:
          Size (number floors, square footage):
          Age - Constructed:
                Renovated:
          Surrounding neighborhood:
          Operating schedule:
          (if in use)

III.  ACTIVITY DESCRIPTION

          Demolition: 	, Renovation, 	, Condemned

          Present status:
                                    123
-------
          If  phased  renovation
          record  schedule:

          If  activity has not begun,  obtain work schedule  for  asbestos  removal
          (return at that time).
IV.   LOCATION OF FRIABLE MATERIAL
      (Document with photographs)
          Record location in building (Blueprints  or sketch)

          Is suspect material exposed or concealed?

          Is suspect material friable?

          Estimate amount:  more than 260 ft
                            more than 160 ft2

          Sample as necessary.
V.    REMOVAL PROCEDURES IMPLEMENTED
      (Record violations if observed and take samples)
          Wetting and stripping -

          Unit or section removal -

          Use of surfactant -

          Water availability -

          Local exhaust ventilation/
            collection system
            (no visible emissions or
            air-cleaning) -

          Use of barriers -

          Other removal technique or procedures -
 VI.    WASTE  HANDLING
       (Record  violations  if  observed  and  take  samples)
           Wetting waste:    Yes	  No
           Record  waste
           transport throughout
           site (including containers)
                                     124
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                   LANDFILL FIELD DATA COLLECTION CHECKLIST
SITE NAME:
     Address:









     Date and time:










     Weather Conditions:










     Investigator:










     Site Contact:   Name:







                    Title:







                    Affiliation:







                    Phone:







     Confidentiality Claim Asserted:  Yes         No	







     Permission to take  photographs on site: Yes         No	







BACKGROUND  INFORMATION:




     Operating Schedule:




          hr/d            d/wk           wk/yr	       d/yr
     Scheduled shutdowns:
     Permitted  Site:




     Yes        No      ,  if  yes  then  permit  number  and  effective  dates_
                                    125
-------
     Permitted by:
     Requirements to obtain permit(s):
SITE DESCRIPTION:

     Years of operation	,  expected life span
     Surrounding land use:*	
     (*Note North,  South,  East,  and West Orientations)
     Type of landfill (area, slope/ramp, trench,  pit/quarry) -


     Run-on/Run-off control measures -


     Wind erosion control measures -


SITE CONTACT INTERVIEW - ASBESTOS WASTE HANDLING:

     When was asbestos-containing waste last received?

     Type of waste and generator?

     How was it deposited (e.g. manually off-loaded, dumped semi-
     automatically)?

     How was it containerized?

     Where was it actually deposited? (note on sketch)

     Over the previous two months, how many asbestos-containing waste
     shipments have been received?

     Where has the material been deposited?

                                    126
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VISUAL OBSERVATIONS:

     Waste sufficiently covered?  (depth of cover material)

     Type of cover material?

     Is a dust suppressant agent used?        Type?

     Signs or fences present?

     Accessible to public (natural barriers)?

     Special handling procedures for asbestos?

     Any inactive (closed) portions?

     Is any asbestos-containing waste exposed?

     If the material is exposed	

          Was it deposited with the past 24 hours?

          Is it sealed in leak-tight containers
            and are the containers intact?

          Are the containers properly labeled?

          Are visible emissions present?

SAMPLING (repeat for each sample taken);

     Sample identification number(s) -

     Sample location(s) -

     Visible emissions present?
     (*Note:  take photographs)

FOR INACTIVE SITES OR PORTIONS THEREOF:

     Are visible emissions present?

     Are warning signs posted?

     Does a fence or natural barrier surround the site? or

     Has the asbestos-containing waste been covered by six inches of material
     and does a vegetative cover exist?   or

     Has the asbestos-containing waste been covered by two feet  of compacted
     non-asbestos containing material?
                                    127
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                                       SKETCH OF DISPOSAL SITE (PLAN VIEW)


                   (Include  Site  Entrance and Boundaries, Roadways, Active Cells, Closed Cells,
           Borrow Areas,  Direction  of Prevailing Wind, Location of Deposited Asbestos-Containing Waste)
K>
00
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             APPENDIX C
              ASBESTOS
NESHAPs APPLICABILITY DETERMINATIONS
              129
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                             NESHAPS APPLICABILITY DETERMINATIONS—ASBESTOS
   Code*
Date of.
Response
Question
 Affected
Regulation
Determi-
nation
Discussion
   u-1    4/26/73
          Are  talo milling
          operations  con-
          sidered asbestos
          wills?
Co
o
                 $61.22(a)      No     The proposed regulation included
                                       a definition of Asbestos mill,
                                       meaning facilities engaged in con-
                                       version of asbestos ore into com-
                                       mercial asbestos thereby excluding
                                       talo milling which does not con-
                                       vert asbestos ore to commercial
                                       asbestos.  This definition was
                                       inadvertently left out of the
                                       final regulation.  We are taking
                                       steps to have this corrected in
                                       the regulations.  In the meantime
                                       it la our position that asbestos
                                       mills do not include talc milling
                                       Update r The definition was pro-
                                       mulgated in the Federal Register
                                       on May 3, 1974, 51^1721^An
                                       asbestos mill roust convert asbes-
                                       tos ore into Commercial asbestos.
   *B-2   5/25/73
           Is the maintenance
           of boilers and  pipes
           subject to the  asbes-
           tos standard  for
           demolition operations?
                 561.22(d)      No     Maintenance, including disassemb-
                                       ling or replacing of boilers and.
                                       pipes is not considered deroolltlo
                                       and, therefore,  is not subject to
                                       61.22(d).  Demolition roust
                                       include wrecking or removal of
                                       structural members.
   *D-i3   5/25/73
           Is the mixing of  an
           asbestos compound that
           is used to coat a
           steel  pipe for purposes
           of heat treating
           covered?
                 §61.22(o)      Y«s    This ia the manufacturing of an
                                       insulating material 6l,22(c)(3).
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                          NESHAPS APPLICABILITY DETERMINATIONS—ASBESTOS
                                          (continued)
'Code
       Date of.
       Response
        Question
                        Affected
                       Regulation
Peterml"
nation
Discussion
*B-4   5/25/73
Is the spraying of
insulation contain-
ing asbestos onto
cable covered?
                         S61.22(e)      Yes    It ia covered since cable is
                                               equipment and there must be no
                                               visible emissions to the outside
                                               air 1C the insulation contains
                           	                greater tha.n 1% asbestos.	
•D-5   5/25/73
Is the manufacturing
of asbestos paper and
Celt filters covered?
                         S61.22(c)  (5)   No
       The regulation is applicable to
       the manufacturing of felt and
       paper only, not felt and paper
       products.	
*D-6   5/25/73
If one purchases felt
containing asbestos
and cuts it for pur-
poses of making
roofing, is this opera-
tion covered?
                         $61.22(o)(5)    No
       As explained earlier, this ia
       fabrication.
•D-6.5 5/25/73
Is the manufacturing
of asbestos gaskets
covered?
                         $61.22(a)       Yes    It is the manufacturing of a
                                               sealant, 61.22(o)(7).
*B-7   5/25/73
If asbestos emissions
are visible only bo-
cause of the presence
of another pollutant,
is a source out of
compliance?
                         S61.22(a)(c)»
                          (a)
       It la out of compliance if the
       level of asbestos in the emission
       stream is above that which would
       be found in the background level
       of the atmosphere.  It is neces-
       sary in all cases to take a sampli
       of the gas stream to determine tin
       presence of asbestos.  Since
       background levels of asbestos are
       difficult if not Impossible to
       determine, a gas stream sample
       must be done in order to show
       compliance.	
-------
                            NESHAPS APPLICABILITY DETERMINATIONS—ASBESTOS
                                             (continued)
  Code
        Date ol|
        Response
Question
 Affected
Regulation
Determi-
nation
                                                                                    Discussion
  *B-B   5/25/73
        7/6/73
                  Is the cutting of
                  asbestos paper
                  covered?
                 S61.22(a)(5)   Yes


                 S61.22(otMo~~
                       It is covered  if  it  involves
                       cutting of paper  prior  to  initial
                       marketing.	              	
                       It is not covered if it Involves
                       cutting of paper  that lias  been
                       initially marketed.   This  would
                       be fabrication not manufacturing.
to
 *D-9   5/25/73    If one purchases an
       revised    asbestos board, which
       7/6/73     is an Insulating or
                  flreprooflng product,
                  and  then outs it, is
                  this source subject
                  to the asbestos
;                  standard Cor manu-
                  facturing of fire-
                  proofing and insula-
                  ting materials?
  B-10    5/26/73
                  Must demolition con-
                  tractors  report at
                  least  20  days  in ad-
                  vance  of  a demolition
                  operation?	
                                            $61,22(o)(3)   Ho
                 S61.a2(d)(l)
                       This  is ponsidered  a  fabrication
                       operation.  The  regulation
                       applies to manufacturing  opera-
                       tions (i.e./  the mixing of  com-
                       mercial asbestos with other
                       materials and the processing  of
                       this  mixture  into a marketable
                       product which is sold to  a  dis-
                       tributor or at retail if  no dis-
                       tribution la  involved).   Any  pro-
                       cessing after initial marketing is
                       considered fabrication.   However,
                       there IB one  exception to the
                       rule.  This includes  manufacturing
                       of woven friction products  which
                       can Involve the  processing  of
                       asbestos textiles purchaser' from
                       another source,	

                       Revised October  14, 1975, at
                       S61.22(d)(2)  requiring written
                       notice 10 days prior  to commence-
                       ment  of demolition.
-------
                             NESHAPS APPLICABILITY DETERMINATIONS—ASBESTOS
                                             (continued)
 Coda
Date o{
Response
Question
 Affected
Regulation
09 termi-
nation
Discussion
 D-ll   6/12/73
           Are concrete  and ce-
           ment manufacturing
           operations which have
           naturally occurring
           asbestos entrained
           In the Ingredients
           covered?
Co
                  §61.22(o)       No      The  regulations did not Intend to
                                        coyer  this  situation.   The regu-
                                        lations  were intended  to apply
                                        only when commercial asbestos is•
                                        used in  the manufacturing process.
                                        The  regulation will need to be
                                        amended  to  clarify this situation.
                                        In the meAntime, it is our posi-
                                        tion that only manufacturing of
                                        cement products which  invlove the J
                                        addition of commercial asbestos la*
                                        covered  by  61.22(c)(2).
                                        Update - Revision promulgated on  i
                                        May  3, 1974 at §61.2100 and (1)  .
                                        defined  commercial asbestos as    ;
                                        asbestos extracted from asbestos
                                        ore.  Manufacturing is defined    j
                 	as using commercial asbestos.	i
 B-12   6/13/73
           Are manufacturing
           operations using
           talc covered?
                  S61.22(o)       No     Talc is not commercial asbestos
                                        and only manufacturing involving
                                        commercial asbestos is covered by
                                        61.22(c).  Revision promulgated
                                        on May 3( 1974 at S61.21(h) t (i)
                                        defined commercial asbestos and
                 	manufacturing (see U-ll above),
 •D-13  6/22/73
           If a resin contain-
           ing commercial  asbes-
           tos is purchased  and
           further processed, is
           this operation  covered?
                  S61.22(o)(B)    No
                        This  is A fabrication operation,
-------
                            NESHAPS APPLICABILITY DETERMINATIONS—ASBESTOS
                                             (continued)
  Code '
Date of
Response
Question
 Affected
Regulation
                                                            Determl'
                                                            nation
Discussion
  *B-14  6/22/73
  *B-15  6/22/73
to
 U-15.5  0/8/73
           la  the spray-on appli-
           cation of  asbestos con-
           taining materials used
           for the purpose of
           decoration or of pro-
           viding a chemical
           resistant  surface
           subject to the regu-
           lations?
           Is the manufacturing
           of fireprooflng and
           insulating materials
           covered  if vermiculite
           containing naturally
           occurring asbestos is
           an ingredient?
                 §61.22(e)
                No     The regulation applies only  to  the
                       spraying of asbestos .for  purposes
                       of insulating and  fireprooflng.
                       However, the manufacturing of
                       these materials is regulated by
                       61.22(c)(7), the manufacturing of
                       a coating.  Ml spraying  applica-
                       tions containing over It  asbes-
                       tos will be covered by upcoming
                	revisions, to the regulations.	
                 S61.22(o)<3)   No
          Do demolition and
          renovation regulations
          apply to ships in dry
          dock?
                       The regulations were intended only
                       for manufacturing of fireproofing •
                       and insulating materials where
                       commercial asbestos is added.
                       Therefore, it la. our position
                       that thla operation la not covered
                       by the regulation.  An amendment
                       to the regulation will be needed
                       to clarify this.
                       Update - Revised on Hay 3, 1974
                       at §61.21(10 and (i)
                       (See B-jl above)	
                                Ves    See n-17.
                                       Since that determination the
                                       definition of "demolition" and
                                       "structural member" have been
                                       clarified by revisions on
                                       October 14, 1975, and March 2,
                                       1977.
-------
                             NESHAPS APPLICABILITY DETERMINATIONS—ASBESTOS
                                             (continued)
Code '
Date of.
Response
Question
 Affected
Regulation
Deterrai~
nation
Discussion
*B-16  8/8/73
           Is the spraying of
           asbestos  containing
           materials used for
           insulating or fire-
           proofing  buildings,
           structures,  pipes and
           conduits, if the pollu-
           tant would not be
           expelled  to the out-
           side atmosphere^covered
           under NESIIAPS?
                 S61,22(e)      Yes     Although  asbestos is not directly
                                        emitted to the air from these
                                        operations,  there is a potential
                                        emission  with future demolition.
                                        It was decided to cover these
                                        operations to reduce this poten-
                                        tial.
 B-17  8/8/73
Ln
           Are drydock  operations
           involving  ship refurb-
           ishment subject to  the
           asbestos regulations?
                  $61.22(4)
                       These operations are subject if
                       they involve the wrecking of load
                       supporting  structural members.
                       Operations  involving only refurb-
                       ishment of  boiler and pipes are
                       not subject.
                       Update -  Revised October 14, 1975
                       at §61.21(j),  defining demolition
                       as wrecking or taking out of any
                       load supporting structural member
                       or related  stripping or removing
                       of asbestos materials.
                       Revised March 2, 1977 - all
                       structural  members are subject  to
                       the regulations.	
                                                                                                   I
*B-18  8/8/73
           A manufacturer has  two    S61.22
           plants.   Plant A  pro-
           duces asbestos paper
           which is shipped  to
           Plant U.  Plant B makes
           roofing  tile from the
           asbestos paper and  treats
           it with  an asphalt  mix.   Is
           Plant I)  covered by  the
           standard?
                                 No     Standard covers the manufacturing
                                        of asbestos paper but does not
                                        cover fabrication of asbestos
                                        paper products.
                                                                                                   i
-------
                          NESHAPS APPLICABILITY DETERMINATIONS—ASBESTOS
                                           (continued)
Code
       Date ot|
       Keaponae
Question
 Affected
Regulation
Dotermi-
nation
                                                                                  Discussion
*B-19  10/23/73
                  Are the emissions of
                  asbestos from the
                  manufacturing of as-
                  phalt coating (not
                  asphalt paving but
                  coatings for asphalt
                  paving) applicable
                  to the regulation?
                  S6i.22(c)<7)    Yes
                        It  IB  the manufacturing of a
                        coating  6i.22(o)(7).
*B-20  10/23/73
                  Does NGSIIAPS apply to
                  the salvaging of pipes
                  with asbestos covering?
                  S61.22(d)       Yes     Procedures detailed in S61.22(d)
                                        (2)  must  be followed,  i.e., pipes
                                        must be wetted and removed prior
                                        to demolition of load-supporting
                                        structural members.  However,
                                        wetting ia only required where
                                        the asbestos insulation must be
                                        stripped  to remove the pipes
                                        (e.g. pipe joints.)  If insulation
                                        on the pipa remains undisturbed
                                        it will not create an emission
                 ^	   problem.	  	
D-21   3/26/74
                  If emissions containing
                  asbestos are visible
                  only because of the
                  presence of steam, is
                  a source out of com-
                  pliance?
                  S61.22(a)
                   
-------
Code
Date of,
Response
                              NESHAPS APPLICABILITY DETERMINATIONS—ASBESTOS
                                              (continued)
Question
 Affected
Regulation
Determi-
nation
Discussion
B-22   4/2/74
           When  commercial as-
           bestos  is  added to
           previously mixed con-
           crete at the con-
           struction  site, is
           this  considered manu-
           facturing  of cement
           prodyctp under NE3IIAP8?
                 S61.22(o)(2)   Yes
                       See definition of Manufacturing
                       $61.21(1).
B-2J   7/1/74
Co
           Can asbestos  tailings
           be used on  roadways
           wherei   (a) such
           material is used  in
           bituminous  mixes  t
           covered with  asphalt
           fc  sand, (b) such
           material is used  in
           liquid  seals  fc covered
           with asphalt  & sand
           or (a)  such material
           is used in  bases  and
           covered with  sand fc
           gravels?	
                 S61.22(b)      No      Surfacing  of  roadways with asbes-
                                        tos  tailings  is prohibited under  '
                                        all  circumstances except for
                                        temporary  roads located on an area
                                        of asbestos ore deposits.
B-24   7/11/74
           Does  the manufacturing
           standard apply only  to
           sources  using com-
           mercial  asbestos  &
           not to those receiving
           asbestos as lap,  roving
           yarn,  mat, or some such
           form?
                 S61.22(o)       Yes     In the case of woven friction pro-
                                 except   ducts,  where the operation
                                        begins with textiles containing
                                        commercial asbestos.  Regulations
                                        for some  fabrication operations
                                        will be proposed soon.
                                        Update -  Revisions were promul-
                                        gated 10/14/75, at $61.22
-------
                              NESHAPS APPLICABILITY DETERMINATIONS—ASBESTOS
                                              (continued)
  Code '  Date of,
  	Response
        Question
 Affected
Regulation
De termi-
nation
                 Discussion
  B-25   10/1/74
Can asbestos tailings
be used for purpose of
snow fc ice control on
driveways t parking
lots?
 S61.22(b)      No     Driveways and parking  lots  are
                       considered roadways under
                       61.22(b).
                       Update - Regulations were revised
                       October 14. 1975  to reflect this
 	determination at  S61.21(v).
  D-26   1/24/75
Are visible emissions
from asbestos block
ourlng ovens subject
to NESIIAP regulations?
 S61.22(a)      No     Visible emissions  from  these
                       sources are caused by resins
                       (hydrocarbons) and not  by  asbeat;oa
  •B-27  4/7/75
00
Are asbestos mine
tailings allowed for
use in base materials
for roadways?
 S61,22(b)      tlo     Use of asbestos mine  tailings  in
                       bituminous mixes,  liquid  seals
                       or bases covered with sand or
                       gravel is prohibited  in the
 	regulations.	
  *B-28  4/7/75
Are asbestos tailings
allowed for use in
concrete roadways?
 S61.22(b)      No     Use of asbestos  tailings  are  not
                       allowed in concrete roadway
                       construction.
  *n-*29  4/7/75
Are asbestos tailings
allowed for use as
backfill?
                Yes    Use of asbestos tailings  as a
                       backfill is not covered by the
                	regulations.	
  *D-30  6/13/75
Are asbestos mill
tailings allowed for
use in roadbed con-
struction?
 S61.22(b)
Ho
Use of asbestos mill tailings in  j
roadway construction is prohibited
  •IH31  6/26/75
Is an asbestos tex-
tile, plant subject
to the NESIIAP
regulations?	
 S61.22(o)(U
       Construction, of 12 textile
       winders approved, subject to
       40 CPU 61.
-------
                              NESHAPS APPLICABILITY DETERMINATIONS—ASBESTOS
                                              (continued)
 Code
Date of
Response
Question
 Affected
Regulation
Determi-
nation
                                                                                   Discussion
 B-32    10/19/75
           Is the demolition of an
           industrial  building
           which  contains  no fria-
           ble asbestos  material
           except a chemical re-
           actor  vessel  which is
           insulated with  friable
           asbestos material
           covered by  NES1IAPB?
                 S61.22(d)      Yes     Revised October  14,  1975,  at
                                        S6l.22(d)(  to  apply  to pipes,
                                        ducts, boilers,  tanks, reactors
                                        turbines,  furnaces,  or structural
                                        members.
 •B-33  11/10/75
Co
           Is the manufacturing
           of asphalt paving to
           which commercial
           asbestos la added
           covered?
                  S61.22(o)
                        It  is  the Administrator's judg-
                        ment that the manufacture of
                        asphalt concrete is a major source
                        of  asbestos emissions, therefore
                        regulations limiting emissions
                        from the manufacture of asphalt
                        concrete were promulgated in the
                        Federal Register on 10/14/75, at
                        $61.22(0(11).	|
 •B-34  5/6/76
           Are asbestos mine
           tailings used in
           asphalt mix subject
           to the NESIIAP regu-
           lations?
                  S61.22(b)       Yes    Use of asbestos tailings in an    I
                                        asphalt mix to be •'installed over j
                                        the undercoat" of an asphalt aur- j
                                        faced road is considered a road-  !
                                        way application which is prohi-   j
                 	bited by the regulations.	•
 *D-35  4/25/77
           What.is an acceptable
           method for identifying
           asbestos samples
           found in demolition/
           renovation inspections?
                           microscopy
                        EPA has relied on polarized mi-
                        croscopy in most enforcement
                        cases.  This method is used for
                        identification of hard samples
                        of asbestos as are found at
                        demolition and renovation sites,
                        as well as waste disposal sites.
-------
                           NESHAPS APPLICABILITY DETERMINATIONS—ASBESTOS
                                           (continued)
Code .  Date o^
    .   Response
       Qnastion
 Affooted
Regulation
Determi-
nation
                                                                                  Discussion
H-36   5/9/77
Do demolition and
renovation regula-
tions apply to ships
tied up at a dock?
  §61.22(d)       Yes     It  the aliip is undergoing any
                        operation involving wreckage or
                        removal of structural members
                        which contain asbestos material,
                        the operation must be in oom«
 	pliance with the regulations.
B-37   5/9/77
Is the ship owner or
dock owner responsible
for compliance with
demol11 ion/renova tion
regulations?
  S61.22(d)
       The owner of  the dock  is  respon-
       sible for compliance with the
       NBSHAP regulations  if  ha  is  also
       the owner/operator  of  the demoli-
       tion or renovation  operation.
       the ship owner  is always  respon-
       sible for compliance in each
       situation.  	
-------
                              NESHAPS APPLICABILITY DETERMINATIONS—ASBESTOS
                                               (continued)
Code
' Date of,
 Response
Question
 Affected
Regulation
Determi-
nation
Discussion
B -38  10/7/77
            Can the fencing re-
            quirement in $61.25(a)
            be satisfied by placing
            a fence along the pro-
            perty line of a plant
            containing an asbestos
            disposal site rather
            than around the peri-
            meter of the disposal
            site Itself?
                  §6l.25(a)
                  Yes      This question was resolved  in  '
                           40 gad. Reg. 48294, October 14,
                           1975 as a response to a com-
                           ment on the amendments proposed
                           October 25, 1974.  A fence
                           surrounding a plant property
                           which adequately deters public
                           access may substitute for a
                           fence around the perimeter  of
                           a disposal site located within •
                 __	the property fence.	
D -39  11/3/77
            Does the 1% limit on
            asbestos content of
            spray on materials
            apply to naturally-
            occurring as well as
            commercially added
            asbestos?
                  S61.22(o)
                  Yes
          The  1% limit on spraying of    J
          asbestos-containing materials
          in g61.22(e) does not specify
          commercial asbestos.  There-
          fore the limitation la applic- I
          able to naturally-occurring    •
          as well as commercial asbestos.'
D -40  2/9/78
            fs a wallboard manu-
            facturing facility
            which uses as filler
            material, tailing fines
            from an asbestos mine,
            subject to S61.22(c)7
            Is it subject to any
            other section of the
            asbestos regulations?
                  S61,22(o)
                 No
           Section 61.22(c) applies to    i
           manufacturing operations who   |
           use commercial asbestos.  Since
           tailing fines do not fall into {
           the category "commercial as-   |
           bestos" as defined in §&1.21(h),
           the operation is not subject to
           $61.22(c).  Since the source of. .
           the tailing fines is a mine,   i'
           the use of the tailings"~In the
           wallboar4 manufacturing pro-
           cess ia not covered by any
           section under Subpart fl.  How-
           ever,  were the source of the
           tailing  fines an asbestos mill, any
           operations involving the collection,
           processing, packaging, transporting,
           or deposition of the tailing fines
           would ba subject to the requirements
            e t«  i I ... r \ it ll < 'i \
-------
                               NESHAPS APPLICABILITY DETERMINATIONS—ASBESTOS
                                                (continued)
Code
Question
                                           Affected
                                            Regs
Determ.
Discussion
B-41         In reference to the
6/29/79      asbestos regulations,
             are subject inactive
             waste disposal sites
             prevented or restricted
             from future use as
             commercial or
             residential sites?
                 61.22U)
                                                          Condi-      Inactive disposal sites may be
                                                          tional      used  for commercial or residential
                                                                     develo[>ment provided that exposure
                                                                     of  the  asbestos is avoided in
                                                                     accordance with £61.22(e).
D-42         May the sub-base
9/10/79      layers of road-
             ways be paved with
             asphalt that contains
 H           asbestos tailings?
                                      61.22(b)
                                      61.25
                                    Condi-     The prohibition  in  61.22 does not
                                    tional     apply to  the  paving of  roads with
                                               asbestos  tailings that  are  well
                                               encapsulated  in  bituminous
                                               material  so that the  release of
                                               asbestos  fibers  will  not occur.

                                               EPA approval  is  necessary in order
                                               to dispose of asbestos  tailings  at
                                               an asphalt plant.   The  emission
                                               control proposed by the  asphalt
                                               plant would have to be  equal to  or
                                               exceed  the level of control
                                               required  by section 61.25.
-------
                                    NESHAPS APPLICABILITY DETERMINATIONS—ASBESTOS
                                                       (continued)
  OODC
Date of
Response
    QUESTION
 AFFPOTO
REGULATION
                     DISCUSSION
                                                                MINATION
  B-43
3/4/81
Is the "manufacture"    §6l.22(c)
of slot gun shells
subject to the asbestos
regulations, if no
commercial asbestos is
used at the facility?
                   Na      Although manufacturing of
                           shot gun shells is specifically
                           listed under the emission
                           standard in S61.22(c), the
                           Remington facility is not
                           subject to the regulations
                           because no catinercial asbestos
                           is used at the facility.
                           This facility assembles the
                           shells using a wad of asbestos
                           but the wads are produced from
                           ccmtercial asbestos at another
                           Remington facility.
  B-44
3/31/81
B-45
4/15/81
Is a waste disposal
site subject to the
asbestos standard
when the disposal
site is not owned or
operated by the
generator of the
asbestos waste?
 S61.22(j)
 S6l.22(k)
 S61.25
Is the Seagull          $61.23(a)
modified electrostatic  §61.23(c)
precipitator an accept-
able alternative for
the asbestos filtering
equipment described in
§61.23(a) and authorized
in §6l.23(c).
No      Only disposal sites operated
        by the generators of asbestos
        waste are subject to the regula-
        tions.  Otherwise, generators
        are responsible for disposing
        of their waste at an acceptable
        disposal site as defined in $61.25.
        Hie waste disposal requirements
        do not apply directly to the waste
        disposal sites; the exception  is
        the case where the owner or operator
        of an inactive disposal site previously
        operated by a generator is subject to
        to the regulations.

No      Seagull's portable precipitator has
        97 percent fractional efficiency  for
        total particulate with an aerodynamic
        diameter of approximately 1.0 micrometer.
        This efficiency is less than the  99.99
        percent particulate mass collection
        efficiency demonstrated at baghouse
        applications.  Therefore, it may  be
        expected that the asbestos collection
        efficiency is less than equivalent
        to the baghouse described in §61.23(a).
-------
 CODE
 Date of
 Response
B-46
~37l8/ti2
                                            NESHAPS APPLICABILITY DETERMINATIONS—ASBESTOS
                                                                    (continued)
    QUtSTIGN
 AFFECTED
MEDIATION
 nereu-
MlNATION
1.  Is a indhuCacturing
source's recycled
asbestos waste subject
to the waste lianJling
regulations or tlie
manufacturing regula-
tions?
                                                 2.  Is rail car
                                                 unloading of asbestos
                                                 at a subject source
                                                 covered by the regula-
                                                 tions?
                                                 3.  Does the wetting
                                                 of asbestos waste
                                                 materials from a
                                                 demolition or renova-
                                                 tion automatically
                                                 make Uio source
                                                 subject to
                                                                          $61.22(c)
                                                         S61.22(c)
                                         Yes
                                                         S6l.22(d)(4)
                                                                                                                      DISCUSSION
                                       If~a manufacturing source recycles  its
                                       asbestos waste by conveying  it  from a
                                       baghouse to a mixing  area for re-use, the
                                       recycling operation is considered one of
                                       tie processing operations referred  to in
                                       the definition of manufacturing.
                                       Therefore the operation  is subject  to
                                       S61.22(c).  Waste handling procedures in
                                       $61.22(j)  are inappropriate  for this
                                       operation.

                                       Based upon definitions in $61.21 and the
                                       description in S61.22(c), all operations
                                       at  the Manufacturing  site are subject to
                                       the regulations.   The operation of
                                       unloading bags of commercial asbestos
                                       received by rail  to be used  in  the
                                       manufacturing process are subject to
                                       S61.22(c).

                                       Since the source  in question is
                                       voluntarily complying with the work
                                       practice of wetting friable asbestos
                                       materials (J61.22(d)(4)), they should to
                                       encouraged to complete the process by
                                       disposing  of the  waste as outlined  in
B-4T"
                               Ts an operationf to
                                ranove friable
                                asljestoe roofing
                                material from an
                                industrial coni>lex
                                subject to Ute
                                regulations  for
                                dunolition and
                                renovation?
                                                            Tfcr the renovation operation to remove
                                                             roofing material to be subject to
                                                             $61.22(d), the roofing must be considered
                                                             a "structural member".  Based upon the
                                                             definition of "structural member" in
                                                             $61.21 as amended en March 2, 1977.  the
                                                             intent is to cover any non-load-supporting
                                                             munUiC, such as a roof.  Therefore the
                                                             removal of roofing material should be
                                                             subject to the requirements foe
                                                             renovation given in S61.22(d).
-------
                                NESHAPS APPLICABILITY DETERMINATIONS—ASBESTOS
                                                     (continued)
Code
Date of
Response
                      Question
                                            Affected
                                           Regulat ion
Determi-
nat ion
           Discussion
B-48     7/27/82      Does the asbestos     $61.22(e)
                      standard apply  to
                      the spraying  of  an
                      automotive  under-
                      coating that  contains
                      6% to 10% asbestos
                      fiber based on  a
                      bituminous  carrier.
                                                 No
                                                                      According  to 40  CFR  S61 .22(e)(3),  the
                                                                      spraying of material containing  asbestos
                                                                      encapsulated  in  a  bituminous  or  resinous
                                                                      binder  is  exempted from  the requirements
                                                                      of  the  standard.   Furthermore,  the spray-
                                                                      ing of  automotive  undercoating  is  speci-
                                                                      fically exempted  in  the  preamble dis-
                                                                      cussion of the June  19,  1978  asbestos
                                                                      revisions.   (See 43  Federal Register
                                                                      26372,  June  19,  1978.)	
 B-49      8/27/82       a)  Do  the  require-   $61.25
                       merits  for  waste
                       disposal sites apply
                       to  an  asbestos set-
                       tling  pond that has
                       a useful life of
                       twenty years?

                       b)  Do  they apply  to
                       a settling pond that
                       is  used for temporary
l                       storage of asbestos
                       waste  before  it is
1                       transferred to a
                       landfill?
                                                          yes
                                                          No
                                                            The  settling  pond  is considered an active
                                                            waste  disposal  site and must meet the
                                                            requirements  of $61.25.  That section
                                                            prohibits  visible  emissions from the
                                                            disposal  site and  requires that warning
                                                            signs  and  fencing  be installed.
                                                            In  this  case the landfill  is considered
                                                            the waste  disposal  site and iV required
                                                            to  comply  with SM.25.   The settling pond
                                                            is  subject to the requirements of 40 CPR
                                                            S61.22(j)  which govern  interim steps in
                                                            the collection of asbestos - containing
                                                            wastes  prior to deposition at an accept-
                                                            able waste disposal site.
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                                         NESHAPS APPLICABILITY DETERMINATIONS—ASBESTOS
                                                              (continued)
Code
B-50
      Reference
Memo (Reich to Kee),
10/26/82
                               Question
A company uses commercial asbestos
to manufacture caulks and
roofing sealants.   The company
wants to lower costs by disposing
of the hags, which previously
contained this commercial
asbestos, at an ordinary waste
landfill.  If these empty bags
are melted down into nonfriable
plastic rocks, roust they he
deposited at waste disposal  sites
operated in accordance with
40 CFR 61.25?
                                  (Affected
                                   Regulation
S61.21(w);
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                                       NESHAPS APPLICABILITY DETERMINATIONS—ASBESTOS
                                                            (continued)
CODE
          REFERENCE
                                 QUESTION
                                                               AFFECTED
                                                               REGULATION
                                                                            DETERMINATION
                                                                                            DISCUSSION
                                                                                            Fabricating is defined at
                                                                                           S61.21(s)  as "any processing
                                                                                           of a manufactured product  contain-
                                                                                           ing commercial  asbestos, with the
                                                                                           exception  of processing at
                                                                                           temporary  sites for the
                                                                                           construction or restoration of
                                                                                           buildings, structures,  facilities
                                                                                           or installations."  The stripping
                                                                                           or debonding of the old pads  and
                                                                                           the bonding of  new ones is
                                                                                           considered the  processing  of  a
                                                                                           manufactured product containing
                                                                                           commercial asbestos. The  Control
                                                                                           Techniques Document for Asbestos
                                                                                           Air Pollutants  (AP-117, February
                                                                                           1973, pp.  3-29  to 3-36), a  part
                                                                                           of the asbestos standard public
                                                                                           record,  makes clear that debonding
                                                                                           or stripping is considered  part of
                                                                                           friction product processing,  and
                                                                                           as such, its emissions  are  covered
                                                                                           under S61.22(h).  Although  the
                                                                                           bonding of asbestos friction
                                                                                           material on motor vehicles  is
                                                                                           exempted at S61.22(h)(2) from the
                                                                                           fabrication provisions, no
                                                                                           exemption  is allowed for the
                                                                                           debonding  or stripping  of  such
                                                                                           materials.
B-51
         Memo (Reich  to
         Davis),  10/26/82.
Worn asbestos pads  are  replaced
with new ones.  The worn  pads  are
stripped and the new ones riveted
into place.   Attaching  the new pads
involves no grinding, cutting, or
other altering;  they are  precut
and consist of 20%  encased asbestos,
Since stripping  the old pads
results in asbestos emissions, is
this operation considered
fabrication subject to  S61.22(h>?
S61.2l(s)
S61.22(h)
                                                 Yes
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                                        NESHAPS APPLICABILITY DETERMINATIONS—ASBESTOS
                                                             (continued)
 CODE
 R-52
   00
8-53
         REFERENCE
Memo (Reich to
Kee),  10/27/82.
Memo (Copeland
    to Thomson)
A/13/83
                       QUESTION
a) Adhesives are manufactured
using a raw material known  as
Hedmanite, which is a short-fiber
form of asbestos mined from a
naturally-occuring formation.
Is this operation subject to the
asbestos regulations, 40 CFR 61,
Ruhpart B?
                b)  Two  sources  receive dry resin
                mixtures  containing commercial
                asbestos.  The  mixtures are
                placed  in heated presses to form
                the cores for grinding wheels and
                abrasive  discs.  Are  the sources
                subject to the  asbestos standard?
 Are asbestos emissions from
 gold mining covered by the
 asbestos NESHAP?
                                                        AFFECTED
                                                        REGULATION
                                                        S61.22(c)
                                                        S61.22(c)
40 CFR 61,
Subpart B
                                                                      DETERMINATION
                                                                      Yes
                                                               No
                                                                      No
                                                                                       DISCUSSION
                              Hedmanite meets the definition of
                             commercial asbestos at S61.21(h) as
                             "any variety of asbestos produced by
                             extracting asbestos from asbestos ore."
                             Manufacturing of asbestos is defined at
                             461.21(1) as the combining of
                             commercial asbestos with any other
                             materials and the processing of this
                             combination into specified products.
                             Section 61.22 (c)(7) specifies one such
                             product as adhesives.  Since Hedmanite
                             is commercial asbestos combined with
                             other materials and processed into
                             adhesives, it is subject to the asbestos
                             regulations of 40 CFR 61, Subpart B.

                              Grinding wheels and abrasive discs are
                             not considered friction products, as
                             that term is intended.  EPA's "Back-
                             ground Information on NESHAPs-
                             Proposed Amendments to Standards for
                             Asbestos and Mercury," October 1974,
                             indicates that the term "friction
                             products" refers to those products
                             designed to create friction in order to
                             stop movement-brake linings and clutch
                             plates.  Products such as abrasive
                             discs and grinding wheels do not fall
                             under this category.  These sources are
                             not subject to the manufacturing or
                             fabricating provisions because the
                             products'they process do not fit into
                             any of the manufacturing or fabrication
                             categories listed at S61.22(c)  and (h) .
"L.e asbestos NESHAP does not apply
to any mining operation but does
cover milling of asbestos ore to
produce commercial asbestos.  Since
the gold mining operation does
not involve commercial asbestos
production, any mining operation
would not be covered by the
NESHAP.
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