United States
Environmental Protection
Agency
Air And Radiation
(EN-341W)
EPA 340/1 -90-007
Revised November 1990
EPA
Guidelines For
Asbestos NESHAP
Demolition And Renovation
Inspection Procedures
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EPA-340/1-90-007
Guidelines for
Asbestos NESHAP
Demolition and Renovation
Inspection Procedures
U.S. ENVIRONMENTAL PROTECTION AGENCY
Office of Air Quality Planning and Standards
Stationary Source Compliance Division
Washington, DC 20460
November 1990
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DISCLAIMER
The opinions, findings, and conclusions expressed are those of the authors and not*
necessarily those of the Environmental Protection Agency or the cooperating agencies.
Mention of company or product names is not to be considered as an endorsement by the
Environmental Protection Agency. The guidance provided in this manual does not create any
rights for defendants nor responsibilities for the Environmental Protection Agency. The
Agency reserves the right to act at variance with these procedures at, any time without
notice to the regulated community. Nothing contained in this manual can be used as a
defense in an enforcement action. The safety precautions set forth in this manual are general
in nature. The precise safety precautions required for any given situation depend upon and
must be tailored to the specific circumstance or situation. Alliance Technologies Corporation
expressly disclaims any liability for any personal health problems, death, or economic loss
arising from any actions taken in reliance upon this manual.
ACKNOWLEDGMENTS
This document was prepared for the U.S. Environmental Protection Agency (EPA) by
Alliance Technologies, Inc. under Contract No. 68-02-4465. Alliance appreciates the
support and input given by the EPA Project Manager, Ms. Omayra Salgado during the
preparation of this document. Review and comments were provided by legal and technical
staff of all Regional Offices along with Headquarters OAQPS (SSCD and ESD) OECM and
EHSD. Their input is gratefully acknowledged.
11
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Table of Contents
Section
TV i '
Disclaimer. ..................... .. ..... . ...... ........ ........ . ........................ • - . .
Acknowledgments .......... . .................... . .......... , .......... ..... • ,
Figures . ........ . ....................... .......................... ' ..... ' ......................... "' .................. ........................ .......... ,.,.,11
Tables ............................... ...... ' ........................................... • ........................ ' ............................ "••- ...... '•'••'•<" v?
• ....... •••"••" ........ ••-' ......... • .................... • ....... • ....... • .................... ..,.».......,...,., ..... .... ....... vi
1 INTRODUCTION.. .......... ........ ..... ....... ______ ................ ............................ ;...,.....,.,.. 4i t It
PURPOSE OF INSPECTIONS ......... . ...... ..... . •'""" " .......... ' ............ """"" """"•"""' ....... •• '
GLOSSARY OF TERMS ............... ..... ........ ' ....... ' ................ '"" ................... ' ..... ' .............. " ...... "' v"f
................................... '•••'• ........ '•" ...... ...... ...........i... ...... ., 1-2,
2 IDENTIFYING ASBESTOS CONTAINING MATERIALS.. ............... 21
IMPORTANT DEFINITIONS ................ ......... ...... ,....". k ««......,...., ...................... -
ASBESTOS USES AND CHARACTERISTICS .......... 7777.7777777777777 7777 ' 2-2
Typical Friable Asbestos Materials ........ ...... . ....... ..... ..... 7777777777777777 7 2-5
Typical Category I Nonfriable Asbestos Materials ............... .... ..... . ........ .... ...... ,...7.7 7 77 2-6
Typical Category II Nonfriable Asbestos Materials ...... ........................ '""" o ^
ASBESTOS SURFACING MATERIALS ..... .......... ......... .",. ..... ;...„.„.... ....... 7777777777777 ..... "2-6
Condensation Control .......................... . ...... .... ............. ,.,....„., ........ '.,""! . 1 ...... ""'"*""" .........
Fireproofing ...... . .................... t [[[ .'.!!!."..1'1..I.'!!!!!1'! " , ." ..... 2-7
^Vcon^sf ipfll ' " * ~'
"DERMAL SYSTEM" INSULAJlioNZ"!!
Pipe Insulation ......... •.; .......... . ..... „..„.. ........ .................. ...... .. """"."" '""'"'""" ............... -V?
Boilers and Hot Water Tanks ............. ..-;« ..... ..,.,.. ..... ,..,....,„,„...„. I...."]"!l"!!! ..... '"""" ......... „ «
Elbows, Valves and T-Fittings .................... . ...*..., ...!.!!."!.." 7 ......... 3-4
Other Medical/Physical Considerations in Respirator Usage ...... . .................. ..'l.".!]l.!"!.!.,.!.!! 3-9
Field Inspection and Checkout Procedures. .......... . ..... . ....... ........ ..... .,..,.. ..... ^...,.....".7!!"!. '. 3-10
Respirator Maintenance ................................... k ............ . t ..... "•«• '.""..u ...... » ..... ^
OPERATIONAL PRACTICES FOR ENTERING AND > EXTIWG ^TES 777777777777777 3-12
Entering and Exiting Site with a Three-Stage Decontamination System ...... .7.77777777 3-12
Entering and Exiting Sites Without a Three-Stage Decontamination System .. . ................. 3-1 s
DISPOSAL OF CONTAMINATED CLOTHING .................... ........ ' ........... 3 16
OTHER SAFETY CONSIDERATIONS IN ASBESTOS WORK.777777777777777777! 7 3-17
4 PRE-INSPECTION PROCEDURES [[[ t 4il
Review Notification [[[ ti ............ ^ t ^ "'""4-1
Identifying Non-Notifiers .................................... . ................... "7.777..7.77... 77,7 . ........ 4-1
Preparation of Inspection Equipment..... ...... . ....................... ..... ........ . ......... . ..... t.7777!7 7 4-2
5 ONSITE FACILITY INSPECTIONS ................. . .............................. ...... ..................... .;. 5^
PRE-ENTRY REMOTE OBSERVATIONS ... . ............................................. ' ..................... /,
INTERVIEW [[[ 77.777777777777777"77 ......... 5-2
Interview Questions .......................... . ............ ..... ....... . ....................... t ^ t '••••—> ..........
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Table of Contents
Section
Page
PRE-REMOVAL INSPECTION 5-5
Applicability • 5-5
Notification , • 5-5
Planned Emission Controls <— 5-6
Disposal Techniques. 5-6
Evidence Collection.... • • 5-6
ACTIVE REMOVAL INSPECTIONS , • - • 5-?
Removal Area Entry Preparation « 5-7
Applicability '5"°
Notification...................... ,. • • • —— 5-8
Emission Controls . • • • 5-9
Evidence Collection ...5-13
Disposal Techniques • • 5-13
Waste Shipment Records... • 5-14
TSCA Compliance... . • • - •—• 5-14
Exiting the Removal Area,... . • • • 5-14
POST-REMOVAL INSPECTION...... ; r • 5-15
Applicability .'. • • • ' 5-15
Notification - • 5-16
Emission Controls • • • • 5-16
Waste Disposal — 5-16
Evidence Collection • '•—• 5-17
POST-INSPECTION INTERVIEW 5-17
EXIT OBSERVATIONS 5"18
6 POST-INSPECTION • • 6^
INSPECTION FOLLOWUP • i6"1
DOCUMENTATION 6-1
Document Control • ^"2
Corrections to Documentation • 6-2
RECORDS MAINTENANCE 6'3
INSPECTION REPORTS 6"3
7 LANDFILL INSPECTIONS • 7"1
REVIEW PERMIT CONDITIONS • 7"1
EVALUATE WASTE SHIPMENT RECORDS -7-2
OTHER ACTIVE WASTE DISPOSAL SITE REQUIREMENTS 7-2
SURVEILLANCE 7"3
Off-loading of suspect ACWM unaccompanied by a waste manifest 7-3
Landfill inspection • 7'3
8 ASBESTOS BULK SAMPLING AND ANALYSIS 8-1
PROTECTIVE EQUIPMENT 8'1
SAMPLING EQUIPMENT 8"2
COLLECTION TECHNIQUES 8'2
Non-Abatement Inspections 8~3
Abatement Inspections 8"3
IV
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Table of Contents
Section
Page
BULK SAMPLE ANALYSIS -. 8-4
QUALITY ASSURANCE . 8-5
Sample I.D. Numbers .. ..... . 8-5
Chain-of-Custody Forms ...... , 8-5
Quality Control (QQ Samples 8-5
Accredited Laboratories . .. ...;...........„. 8^5
Appendices
A National Emission Standards for Hazardous Air Pollutants (NESHAP)
(SubpartM- Asbestos)
.A-l
. B Respiratory Protection Selection Checklist B-i
C Field Inspection Checklists C-l
C-l Asbestos NESHAP Demolition and Renovation Inspection Equipment Checklist C-3
C-2 Facility Inspection Checklist ......4................... C-5
C-3 Landfill Inspection Checklist C-23
C-4 AHERA Inspection Checklist C-35
C-5 Worker Protection Rule Checklist.... C-39
References : , R-l
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Figures
Number
8-1 Representative chain-of:custody record.
Page
8-6
Tables
Number
Page
1-2 Trade Names. .2-2
2-2 Summary of Asbestos-Containing Products .2-3
VI
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SECTION 1
INTRODUCTION
The EPA has identified a need for nationally consistent inspection guidelines to assist EPA,
State and local air agency personnel in conducting asbestos NESHAP inspections specific to
demolition and renovation (D/R) of buildings containing ACM. The primary purpose of this
manual is to present clear, concise inspection procedures which individuals who are involved
in enforcement of the asbestos NESHAP (40 CFR Part 61, Subpart M) may follow.
EPA first published guidance entitled EPA Demolition and Renovation Inspection
Procedures in 1975 following the original promulgation of the asbestos NESHAP in 1973.
Subsequently, EPA issued numerous policy memoranda providing additional guidance and
clarification on the asbestos NESHAP to agency staff charged with enforcing the regulation.
Additionally, EPA developed two workshops for asbestos inspectors, 1988 NESHAP
Asbestos Demolition and Renovation Inspection Workshop and Asbestos NESHAP Inspector
Safety Workshop, In 1989 these two workshops were consolidated to form the Demolition
and Renovation Inspection and Safety Procedures Workshop, and a field manual, Guidelines
for Asbestos NESHAP Demolition and Renovation Inspection Procedures, was produced.
This document is a revision of the 1989 field manual. It incorporates all pertinent information
cited in the repromulgated asbestos NESHAP regulation (September 1990) and also
includes revised health and safety recommendations detailed in the EHSD Health and Safety
Guidelines for EPA Asbestos Inspectors.
Since EPA, State and local agencies are beginning to implement coordinated asbestos
programs under the CAA and TSCA, asbestos NESHAP inspectors may be asked to
evaluate compliance with certain provisions of the AHERA and WPR regulations. To
support the integration programs, this manual includes basic guidelines for asbestos
NESHAP inspectors to follow to determine compliance with these regulations as well as
NESHAP.
Although the guidance in this manual is geared toward EPA asbestos NESHAP inspectors,
it is also appropriate guidance for State and local regulatory inspectors (either in lieu of, or as
a supplement to specific State and local program requirements).
l-l
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PURPOSE OF INSPECTIONS
Inspectors are assigned at the EPA, State and local agency level to visit facilities involved in
demolition and renovation activities. Where violations of the asbestos NESHAP are
detected, observations made and evidence collected by the inspector form the foundation of
subsequent compliance action.
The major objectives of a regulatory inspector are to:
• determine the need for immediate action in order to protect the public and the
asbestos abatement worker (This may necessitate obtaining a temporary
restraining order under Section 113 of the CAA or use of Section 303 of the
CAA "imminent and substantial endangerment to public health" to seek a
court order to stop work.);
• verify that the demolition and renovation operations are carried out according
to all requirements of the asbestos NESHAP regulation;
• gather evidence of any violations of the asbestos NESHAP;
• determine whether a potential AHERA or WPR violation exists; and
• .. create a regulatory presence as a deterrent to potential violators.
The overall asbestos NESHAP inspection and compliance program follows a national
strategy document entitled Asbestos Demolition and Renovation Enforcement Strategy
(March 1988). The guidance contained in this manual is consistent with the national
strategy document regarding inspector training, inspection criteria, and enforcement
procedures. This guidance is also consistent with EPA policy to coordinate all asbestos
program offices.
GLOSSARY OF TERMS
ACM
ACWM
AHERA
Air Lock
Asbestos-Containing Material.
Asbestos-Containing Waste Material
Asbestos Hazard Emergency Response Act. Requires
schools to inspect for asbestos, implement response
actions, submit asbestos management plans to states
and re-inspect every three years. Specifies use of
accredited inspectors, air sampling methods, and
waste disposal procedures. 40 CFR 763, Subpart E.
A system of enclosures consisting of two polyethylene
curtained doorways at least 3 feet apart that should
permit air movement from clean to contaminated
1-2
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Amended Water
Asbestos NESHAP
Atmosphere Supplying
Respirators
CAA
Category I Nonfriable ACM
Category n Nonfriable ACM
Clean Room/Area
areas. Air locks are usually part of a decontamination
chamber attached to an abatement area which is under
negative pressure. J ;
Water to which a chemical wetting agent (surfactant)
has been added to improve penetration into asbestos-
containing materials that are being removed.
The specific portion of Section 112 of the CAA that
addresses asbestos. Specific regulations are
contained in 40 CFR Part 61, Subpart M.
Respiratory protection devices which exclude
workplace air altogether and provide clean air from
some independent source. (i.e., SCB A and Type C
SAR).
Clean Air Act. The legislation that provides EPA with
authority for the regulation of sources of air pollution.
Asbestos-containing packings, gaskets, resilient floor
covering, and asphalt roofing products, containing more
than 1 percent asbestos as determined using polarized
light microscopy according to the method specified in
Appendix A, Subpart F, 40 CFR Part 763.
Any material, excluding Category I nonfriable ACM,
containing more than 1 percent asbestos as determined
using polarized light microscopy according to the
method specified in Appendix A, Subpart F, 40 CFR
Part 763 that, when dry, cannot be crumbled,
pulverized, or reduced to powder by hand pressure.
The first stage or room of the decontamination
enclosure system in which workers prepare to enter
the work area.
Decontamination .
Enclosure System
EHSD
A series of connected rooms with polyethylene
curtained doorways for the purpose of preventing
contamination of areas adjacent to the work area.
Usually comprised of a clean room, shower and
equipment (dirty) room.
Environmental Health and Safety Division (formerly
OHSS or Occupational Health and Safety Staff). The
group within EPA that is responsible for developing
health and safety guidance specific to EPA employees.
1-3
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EPA
Equipment/Dirty Room
Friable Asbestos
Material (FAM)
Full Facepiece
Respirator
Glovebag
Heat Cramps
Heat Exhaustion
Environmental Protection Agency. The organization
within the Federal government which is ultimately
responsible for enforcing the asbestos NESHAP in
order to protect people who work or live near potential
asbestos release areas such as buildings undergoing
demolition or renovation.
The last stage or room of the worker decontamination
system before entering the work area.
According to the Asbestos NESHAP, any material
containing more than 1 percent asbestos as determined
by the method specified in Section 1, Polarized Light
Microscopy (PLM) of Appendix A, Subpart F, 40 CFR
Part 763 that, when dry, can be crumbled, pulverized,
' or reduced to powder by hand pressure. If the
asbestos content is less than 10 percent as determined-
by a method other than point counting by PLM, verify
the asbestos content by point counting using PLM.
A respirator which covers the wearer's entire face
from across the forehead, around the temples, along
the cheek bones to below the chin.
A sealed compartment with attached inner gloves for
the handling of asbestos-containing materials.
Properly installed and used, glovebags provide a small
work area enclosure used typically for small-scale
asbestos stripping operations. Information on
glovebag installation, equipment and supplies, and
Work practices is contained in the OSHA final rule on
occupational exposure to asbestos (Appendix G to 29
CFR 1926.58).
A form of heat stress resulting in painful spasms of
heavily-used skeletal muscles such as hands, arms,
legs, and abdomen, sometimes accompanied by dilated
pupils and weak pulse resulting from depletion of the
salt content of the body.
A form of heat stress resulting from dehydration and/or
salt depletion, or lack of blood circulation usually
accompanied by fatigue, nausea, headache, giddiness,
clammy skin, and a pale appearance.
1-4
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Heat Stroke
HEPA
NIOSH
Nonfriable Asbestos-
containing Material
OPTS
OSHA
Owner/Operator
PAPR
Personal Protective
Equipment (PPE)
PF
The most severe form of heat stress disorders
resulting from the loss of the body's ability to sweat;
characterized by hot dry skin, dizziness, nausea,
severe headache, confusion, delirium, loss of
consciousness, convulsion, and possibly coma.
High Efficiency Paniculate Air filter rated capable of
trapping and retaining 99.97% of all particles larger . .
than 0.3 microns.
National Institute for Occupational Safety and Health.
The organization within the Federal government which,
is responsible for research and development of worker
safety equipment and work practices.
Any material containing more than 1 percent asbestos
as determined using the method specified in Appendix
A, Subpart F, 40 CFR Part 763, Section 1, Polarized
Light Microscopy, that, when dry, cannot be crumbled,
pulverized, or reduced to powder by hand pressure.
Office of Pesticides and Toxic Substances. The group
within EPA which is responsible for implementing and
carrying out programs to enforce the TSCA regulations.
Occupational Safety and Health Administration. The
Federal organization which is responsible for enforcing
regulations that protect the health of workers, including
those removing asbestos from buildings.
Any person who owns, leases, operates, controls, or
supervises any building, structure, facility, or
installation which emits or may emit any air pollutant.
Powered Air Purifying Respirator.
Any material or device worn to protect a worker
from exposure to, or contact with, any harmful material
or force. May include a respirator, coveralls, hard hat,
steel toed shoes, safety glasses, etc.
Protection factor as provided by a respirator;
determined by dividing the airborne fiber concentration
outside of the mask by the concentration inside the
mask.
1-5
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Phase Contrast
Microscopy (PCM)
Polarized Light
Microscopy (PLM)
Pressure Demand
Airline Devices
Regulated asbestos-
containing material (RACM)
Scanning Electron
Microscopy (SEM)
SCBA
SSCD
Transmission Electron
Microscopy (TEM)
An optical microscopic technique used for counting
fibers in air samples, but which does not distinguish
asbestos fibers.
An optical microscopic technique used to distinguish
between different types of fibers based on their shapes
and unique optical properties; commonly used to
determine the presence of asbestos in bulk samples of
suspected asbestos- containing materials.
A respiratory protection device which has a
regulator and valve designed to maintain positive
pressure in the facepiece at all times.
Means (a) friable asbestos material, (b) Category I
nonfriable ACM that has become friable, or (c)
Category II nonfriable ACM that has a high probability
of becoming or has become crumbled, pulverized, or
reduced to powder by the forces expected to act on,the
material in the course of demolition or renovation
operations regulated by the asbestos NESHAP.
A method of microscopic analysis which utilizes an
electron beam directed at the sample and then collects
the beams that are reflected to produce an image from
which fibers can be identified and counted.
Self Contained Breathing Apparatus. A respirator with
air provided by a tank worn by the user; provides the
highest level of protection. Can be used when a
contaminant's concentration is unknown.
Stationary Source Compliance Division. The group
within EPA that is responsible for implementing and
carrying out a program to assure that the regulated
community complies with the asbestos NESHAP.
A method of microscopic analysis which utilizes an
electron beam that is focused onto a thin sample. As
the beam penetrates (transmits) through the sample,
the difference in densities produces an image on a
fluorescent screen from which samples can be
identified and counted.
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TSCA
Visible Emissions
Wetting Agents
WPR
260/160/35
Toxic Substances Control Act. Asbestos is regulated ':
as a toxic substance under this legislation.
Any emissions (excluding condensed uncombined
water vapor) visually detectable without the aid of
instruments, coming from asbestos-containing material '
or asbestos-containing waste material or from any
asbestos milling, manufacturing or fabricating operation.
Materials (such as surfactants) that are added to
water which is used for wetting the asbestos-
containing material in order for the water to penetrate
more effectively.
Worker Protection Rule. TSCA regulation which
protects public employees performing asbestos
abatement work in states not covered by asbestos
standards. 40 CFR 763, Subpart G.
260 linear feet (80 linear meters) of ACM on pipes,
160 square feet (15 square meters) of ACM on other
facility components, or 35 cubic feet of ACM off facility
components where the amount of ACM previously on
pipes and other facility components is unknown. These
figures form the basis of applicability in the asbestos
NESHAP standard.
1-7
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1-8
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SECTION 2
IDENTIFYING ASBESTOS CONTAINING MATERIALS
In order to properly conduct NESHAP asbestos inspections, inspectors must be
knowledgeable of the various commercial uses and applications of asbestos products and
which of these are regulated under the asbestos NESHAP. Recognizing the various
appearances, compositions, uses, and application techniques can assist the inspector in
deciding if a violation has or has not occurred. The remainder of this section provides
information that should assist inspectors in recognizing ACM, both in the intact and
disturbed state.
IMPORTANT DEFINITIONS
Asbestos-containing Material (ACM)—friable asbestos material, Category I nonfriable
ACM that is in poor condition, or Category II nonfriable ACM that has a high probability of
becoming crumbled, pulverized, or reduced to powder by the forces expected to act on the
material in the course of demolition or renovation operations regulated by this subpart.
Asbestos-containing Waste Materials (ACWM)—any waste that contains commercial
asbestos and is generated by a source subject to the provisions of this subpart. This term
includes filters that control devices, friable asbestos waste material, and bags or other
similar packaging contaminated with commercial asbestos. As applied to demolition and
renovation operations, this term also includes friable asbestos waste and Category n
nonfriable ACM waste that becomes crumbled, pulverized, or reduced to powder by forces
that acted on the material during the course of demolition and renovation operations
regulated by this subpart, and materials contaminated with ACM including disposable
equipment and clothing.
Category I Nonfriable ACM—asbestos-containing packings, gaskets, resilient floor
covering, and asphalt roofing products, containing more than 1 percent asbestos as
determined using polarized light microscopy according to the method specified in
Appendix A, Subpart F, 40 CFR Part 763.
Category II Nonfriable ACM—any material, excluding Category I nonfriable ACM,
containing more than 1 percent asbestos as determined using polarized light microscopy
according to the method specified in Appendix A, Subpart F, 40 CFR part 763 that, when dry,
cannot be crumbled, pulverized, or reduced to powder by hand pressure.
Friable Asbestos Materials—any material containing more than 1 percent asbestos as
determined by the method specified in Section I, Polarized Light Microscopy (PLM) of
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Appendix A, Subpart F, 40 CFR Part 763 that, when dry, can be crumbled, pulverized, or
reduced to powder by hand pressure. If the asbestos is less than 10 percent as determined
by a method other than point counting by PLM, verify the asbestos content by point counting
using PLM.
In Poor Condition—Means that the binding of the material is losing its integrity as indicated
by peeling, cracking, or crumbling of the material.
ASBESTOS USES AND CHARACTERISTICS
Table 2-1 lists the types of application and associated trade names of asbestos products.
Asbestos cement products (flat sheets or sidings, tiles, corrugated roofing sheets, rainwater
pipers, gutters, and pressure piping) constitute approximately 66 percent of the total. These
products generally contain 10 to 15 percent asbestos, which functions as a fibrous
reinforcement in the cement. A list of specific uses of asbestos and associated binders in
building materials along with the average percent asbestos appears in Table 2-2.
TABLE 2-1. TRADE NAMES
Type of application
Trade names
Sprayed-on
Pipe and
Boiler Wrap
Asbestos - Spray
Monokote - MK III
Cafco - Soundshield
Audi - Cote
Cafco - Type I
Johns-Manville (JM) and
Hewells 85%
JM Suprex Blocks
JM Marinite
JM Asbestos Sponge
JM Thermobestos Blocks
JM Newtherm
Atlas 650, 660, 250, 280,
18 Cold Water Paste
Atlas Aircell and Finecell
"Newalls" Newtembelt
Limpet
Sabinite
Spraydpn
Cafco - Type D
Spraycraft
Kilnoise Plaster
Cafco -Blaze Shield
Cafco - Heat Shield
Magnesia Blocks, Pipe Coverings, and
Cement
JM and Atlas Sponge Felt Pipe Covering
JM Thermo-Wrap and Thermo Tape
JM 302 and 352 Insulating Cements
JM Asbestocell
JM Fibrofill
Atlasite, Caposite
JM and Atlas Rope Lagging
2-2
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TABLE 2-2. SUMMARY OF ASBESTOS-CONTAINING PRODUCTS
Subdivision
Surfacing material
Preformed thermal
insulating products
Textiles
Cementitious
concrete-like products
Paper products
Roofing felts
Generic name
sprayed- or
troweied-on
batts. blocks, and
pipe covering
85% magnesia
calcium silicate
cloth
blankets (fire)
felts:
blue stripe
red stripe
green stripe
sheets
cord/rope/yarn
tubing
tape/strip
curtains
(theatre, welding)
extrusion panels:
corrugated
flat
flexible
flexibly perforated
laminated
(outer surface)
roof tiles
clapboard and shingles:
clapboard
siding shingles
roofing shingles
pipe
corrugated:
high temperature
moderate temperature
indented
millboard .
smooth surface
mineral surface
shingles
pipeline
Asbestos (%)
1-95
15
6-8
100
90-95
80
90
95
50-95
80-100
80-85
90
60-65
8
20-45
40-50
30-50
30-50
35-50
2O-30
12-15
12-14
20-32
20-15
90
35-70
98
80-85
10-15
10-15
1
10
Dates of use
1935-1970
1926-1949
1949-1971
1910-present
1 920-present
1920-present
1 920-present
1 920-present
1 920-present
1 920-present
1 920-present
1 920-present
1 945-present
1965-1977
1 930-present
1 930-present
1 930-present
1 930-present
1 93O-present
1 93O-present
1944-1945
unknown-present
unknown-present
1 935-present
1 935-present
1910-present
1 935-present
1925-present
1910-present
1910-present
1971-1974
1920-present
Binder/sizing
sodium silicate,
Portland cement,
organic binders.
magnesium carbonate
calcium silicate
none
cotton/wool
cottpn
cotton ....
cotton
cotton/wool
cotton/wool
cotton/wool
cotton/wool
cotton
Portland cement
Portland cement
Portland cement
Portland cement
Portland cement
Portland cement
Portland cement
Portland cement
Portland cement
Portland cement
Portland cement
sodium silicate
starch
cotton and organic binder
starch, lime, clay
asphalt
asphalt
asphalt
asphalt
2-3
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TABLE 2-2 (Continued)
Subdivision
Asbestos-containing
compounds
Asbestos ebony products
Flooring tile and
Sheet Goods
Wallcovering
Paints and coatings
Generic name
caulking putties
adhesive (cold applied)
joint compound
roofing asphalt
mastics
asphalt tile cement
roof putty
plaster/stucco
spackles
sealants fire/ water
cement, insulation
cement, finishing
cement, magnesia
vinyl/asbestos tile
asphalt/asbestos tile
sheet goods/resilient
vinyl wallpaper
roof coating
air tight
Asbestos (%)
30
5-25
5
5-25
13-25
10-25
, 2-10
3-5
50-55
20-100
55
15
50
21
26-33
30
6-8 .
4-7
15
Dates of use
1 930-present
1 945-present
1945-1975
unknown-present
1 920-present
1959-present
unknown-present
unknown-present
1930-1975
1 935-present , ,
1900-1973
1920-1973
1926-1950
1 930-present
1 950-present
1 920-present
1 950-present
unknown-present
1 900-present
1 940-present
Binder/sizing
linseed oil
asphalt
asphalt
asphalt
asphalt
asphalt
asphalt
Portland cement
starch, casein, synthetic
1 resins
caster oil or polytsobutylene
clay
clay
magnesium carbonate
Portland cement
po!y(vinyl)chlonde ..
asphalt
dry oils
— . .
asphalt
asphalt
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Some forms of asbestos fibers have high tensile strength and thermal stability. In addition,
asbestos is non-combustible and a good acoustical and thermal insulator. Asbestos is
effective in condensate control and resistant to corrosion and friction.
Chrysotile use comprises approximately 93 percent of the total consumption of asbestos
fibers. The remaining 7 percent comes from the amosite and crocidolite groups. Each may be
used individually in asbestos products, but mixtures of chrysotile, crocidolite and amosite are
commonly found,
Chrysotile is used in asphalt flooring, vinyl floor tiles, pavings, and road surfaces. It is also
found in brake linings, clutch facings, gaskets, and reinforced plastics. .
Amosite is less flexible but more heat and acid resistant than chrysotile. It has often been
used in high temperature applications and may also be found in small amounts as filter aids
in pressure piping products.
Crocidolite is very resistant to acids and to the effects of outdoor exposure and may be found
in combination with chrysotile in asbestos cement pressure pipes, textiles, and filtration
products. ,
Anthophyllite, actinolite, and tremolite are used primarily in adhesives and cements. They
are too brittle for textile products or for use as fibrous reinforcement.
The following principle categories of asbestos use in buildings may be subject to the
asbestos NESHAP if the building is renovated or demolished.
Typical Friable Asbestos Materials
• Spray applied materials (fibrous, fluffy)
fireproofing
decorative coatings
condensation control
• Hand troweled insulation (granular, cementitious)
acoustical insulation
thermal insulation (such as pipe lagging)
» Molded Insulation
thermal insulation (such as pipe wraps)
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Typical Category I Nonfriable Asbestos Materials
• gaskets
• resilient floor covering
• asphalt roofing products
• packings
Typical Category II Nonfriable Asbestos Materials
• asbestos/cement sheet and piping
• coatings
• sealants
ASBESTOS SURFACING MATERIALS
Asbestos-containing surfacing materials are coatings which were spray-applied or troweled
onto steel I-beams, decks, concrete ceilings and walls, and other surfaces. They were
applied primarily as thermal insulation, fireproofing, soundproofing, and for decorative
purposes.
Sprayed coatings are typically rough and fluffy in appearance, while troweled coalings have a
smooth finish and may be covered with a layer of plaster or other non-asbestos material.
Both sprayed and troweled asbestos coatings are friable in most applications. Most spray-
applied asbestos coatings were banned for fireproofing/insulating in 1973 and for decorative
purposes in 1978.
In its 1986 standard OSHA banned all applications of asbestos-containing products through
spray techniques. However, the U.S. Court of Appeals for the District of Columbia reviewed
this ban and concluded that "the support for the ban plainly fails to meet the 'substantial
evidence' standard... (and stated that the) "ban cannot stand."
Effective January 19,1990, OSHA amended the regulatory text of the final asbestos standard
by deleting the prohibition regarding the spray application of asbestos-containing products.
It is believed that deleting this prohibition will not significantly increase the risk to
employees.
Condensation Control
Asbestos insulation was often applied to steel, concrete, or other building surfaces to
minimize condensation. The low thermal conductivity of the applied asbestos prevented the
cooling of such surfaces, thereby eliminating ceiling and wall "sweating" and reducing metal
corrosion and rotting of wood components.
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Fireproofing
Since high temperatures can result in a deterioration of ductility, tensile and compressive
strengths in building materials, asbestos has been widely used by the construction industry
to fireproof structural steel.
Acoustical
Since asbestos is fibrous in nature and thus lacks a reverberant surface, it has proved to be
an excellent soundproofing material. It was used extensively in schools (hallways,
stairwells, band rooms, gymnasiums), restaurants, hotels, and auditoriums for this purpose
prior to the 1970's.
THERMAL SYSTEM INSULATION
Thermal system insulation includes materials applied to pipes, fittings, boilers, breechings,
tanks, ducts, and other interior structural components to prevent heat transfer or water
condensation. These materials are present in a wide variety of forms. The following
examples of thermal insulation are based on product categories.
Pipe Insulation
Preformed pipe insulation with an asbestos content of about 50 percent has been used for
thermal insulation of steam pipes in industrial, commercial, institutional, and residential
applications. This product is usually white and chalky in appearance and typically was
applied as 3-foot long, half-round sections, held onto the pipe by a covering of plaster-
saturated canvas and metal bands. This insulation was applied on straight pipe sections,
while wet-applied coatings were used on elbows, flanges, and other irregular surfaces. The
installation of wet-applied and preformed asbestos insulations was banned in 1975.
Another type of pipe insulation is manufactured from asbestos-containing paper. Asbestos-
containing paper products are manufactured on conventional papermaking equipment using
asbestos fibers rather than cellulose. The raw asbestos paper produced in this process
contains up to 85 percent asbestos. The final product is typically coated or laminated with
other materials.
The typical asbestos-paper pipe covering, often referred to as air-cell insulation, looks and
feels like corrugated cardboard and is generally rolled onto the pipe in several layers. It is
medium gray in color and commcnly held in place with a canvas wrap and metal bands.
Boilers and Hot Water Tanks
Asbestos-containing preformed block insulation has been used as thermal insulation on
boilers, hot water tanks, and heat exchangers in industrial, commercial, institutional, and
residential applications. The blocks are commonly chalky white, 2 inches thick and from 1 to
3 feet square. They are often held in place around the boiler by metal wires or expanded
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metal lath. A plaster-saturated canvas was often applied as a final covering or wrap. The
installation of this type of asbestos insulation was banned by EPA in 1975. Asbestos-
containing fire brick and gaskets may also be found as heating system components.
Elbows, Valves and T-Fittings
Batch mixed ACM has been trowel-applied to irregular joints (elbows, valves, T-fittings,
etc.) on thermal systems. The insulation is often covered with a canvas wrap or other
covering similar to the adjacent pipe wrap which may make it difficult to distinguish from the
material in the straight runs. It is not uncommon to find asbestos-containing "elbow mud" or
"lagging" adjacent to straight-runs of non-asbestos pipe insulation. ACM may also be found
in valve packings
MISCELLANEOUS BUILDING MATERIALS
Both friable and non-friable forms of other asbestos-containing building materials exist.
Friable materials include ceiling viles (such as the 2 ft x 3 ft drop-in types and the. 1 ft x 1 ft
glue-in panels), asbestos-containing paper (commonly found underneath wooden floor
boards) and joint compound. It is estimated that 5 to 10 percent of currently installed ceiling
tiles contain asbestos.
Typical non-friable miscellaneous asbestos materials include resilient floor covering,
asbestos cement sheet (Transite), siding shingles, and asphalt roofing products. Generally,
the asbestos in these products is tightly bound and nonfriable. However, with age, or during
the course of demolition or renovation, such materials may become friable. Because of this,
inspectors must evaluate such materials for their potential to become friable on a case-by-
case basis. ,
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SECTIONS
ASBESTOS INSPECTOR SAFETY GUIDANCE
Safety requirements and/or guidelines for government employees involved in asbestos'
inspection activities are addressed in one form or another in regulations and policies
developed by four separate Federal government agencies/groups. Each approaches the
subject differently, not always citing asbestos inspectors specifically, but contributing to the
overall purpose.
The Occupational Safety and Health Administration (OSHA) and the U.S. Environmental
Protection Agency (EPA) have each promulgated regulations pertaining specifically to
workers involved in the asbestos industry. The OSHA standards (29 CFR 1910 and 1926)
apply to workers involved in the removal, demolition, installation, repair, maintenance,
transportation and disposal of asbestos-containing materials.
The National Institute for Occupational Safety arid Health (NIOSH) and EPA, as part of a
joint venture, were responsible for publishing respiratory protection safety guidance for
persons who work in the asbestos abatement industry. This 1986 document, A Guide to
Respiratory Protection for the Asbestos Abatement Industry, provides information on the
hazards associated with airborne asbestos, a model respiratory protection program and
recommendations concerning appropriate respirators for reducing asbestos exposure.
The EPA Worker Protection Rule (40 CFR 763) extends provisions of the OSHA asbestos
standard to state and local asbestos workers not covered by the Federal OSHA standard.
Most applicable to EPA inspectors assessing compliance with the asbestos NESHAP
regulation are the guidelines provided in the Health and Safety Guidelines for EPA Asbestos
Inspectors prepared by EPA's Environmental Health and Safety Division (EHSD),formerly
the Occupational Health and Safety Staff (OHSS). These guidelines are specific to EPA
asbestos inspectors and incorporate many of the procedures and practices recommended or
required by the previously mentioned regulations and policies.
PROTECTIVE CLOTHING
Protective clothing is necessary, and in most cases required, during asbestos inspections.
Protective clothing for the inspector of asbestos abatement projects usually consists of
disposable coveralls, foot and head coverings, and gloves. These items are available in
many styles and are made of several types of materials. The advantages of a particular style
depend on the type of inspection conducted.
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Inspectors should be prepared to wear the following protective clothing when entering a
removal, demolition, or renovation area:
* a disposable, full-body, hooded outer coverall (e.g., Tyvek® or equivalent). A
coverall with an expanded back should be worn with an SCBA. In certain
cases, an inspector may be required to use specialty coveralls such as
Saranex-coated Tyvek® (chemical resistance) or Nomex (fire retardant)-
• a bathing suit (or equivalent) or an inner disposable coverall. When possible,
particularly when a changing or decontamination area is available, all street
clothing should be removed before donning protective clothing. When clothing
is removed, the inspector may choose to wear a bathing suit under the
protective clothing. If it is not possible to remove street clothing, the inspector
should roll-up pant legs and sleeves and don an inner disposable coverall.
• disposable gloves (PVC or equivalent) taped to coverall.
• disposable inner booties (e.g., Tyvek® or equivalent may be part of coverall).
• disposable outer booties (water-resistant material) taped to outer coverall.
• hard hats, safety glasses, safety shoes, hearing protection, when required by
the situation or by the owner/operator. ,
The use of protective clothing during pre-removal, post-removal and outside inspection
situations will be a discretionary decision on the part of the inspector. In general, protective
clothing should be worn any time friable ACM is being disturbed or if there is any uncertainty
as to the adequacy of cleanup of an area. Protective clothing should be worn whenever
asbestos waste storage areas are inspected or if the inspector will be opening bags to
determine if the asbestos is adequately wet.
RESPIRATORY PROTECTION
Classes of Respirators
The two major types of respiratory protection equipment available for use by asbestos
inspectors are air-purifying respirators (APRs) and supplied-air respirators (S ARs). Air-
purifying respirators have filters through which air passes before it is breathed. APRs may
be classified as positive or negative pressure respirators depending on whether the user
creates the suction to draw air into the mask (negative pressure) or a fan propels filtered au-
to the facepiece (positive pressure). S ARs deliver air through a hose or airline from a tank
or compressor to the user. EPA's Environmental Health and Safety Division's (EHSD's)
Health and Safety Guidelines for EPA Asbestos Inspectors details when each should be used
at asbestos worksites. Specific information regarding the selection of appropriate respiratory
protection can be found later in this section.
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Air-Purifying Respirators
Negative-Pressure Respirators s.
Although several types of negative-pressure respirators exist (e.g., disposable, quarter-
face, half-face, full-face) the EHSD Health and Safety Guidelines for EPA Asbestos
Inspectors permits the use only of the full-face type which provides a protection factor of 50.
Full-face, air-purifying, negative-pressure respirators fit across the forehead, along the
temples, and cheeks and under the chin. These devices are held onto ones' face by a 5- or 6-
point suspension harness.
When a person wearing such a respirator inhales, the slight vacuum (negative pressure)
created in the facepiece causes ambient air to be drawn through the filtration medium (HEP A
filter) and into the facepiece. Expired air exits through an exhalation valve at the bottom of
the facepiece.
Powered Air-Purifying Respirators
Powered air-purifying respirators function like negative-pressure respirators except that a
battery-powered motor blows HEPA-filtered air into the facepiece. Since this creates a
slight positive pressure in the facepiece, any breach in the facepiece seal should permit only
the outward flow of air from the mask and thereby prevent inhalation of contaminated air.
PAPRs may have tight-fitting facepieces or loose-fitting hoods or helmets. However, the
EHSD Guidelines permit EPA inspectors to use only the tight-fitting variety. Tight-fitting
PAPRs must supply a minimum of 4 cubic feet of air per minute (4 CFM) to the facepiece.
Like full-face negative pressure respirators, tight-fitting PAPRs provide a protection factor
of 50 and may be chosen for use by inspectors where minimal respiratory protection is
required.
Supplied Air Respirators
Two types of supplied air respirators provide adequate protection for use in asbestos-
contaminated environments: air-line respirators and self-contained breathing apparatus
(SCBA).
Since agencies are unlikely to supply air-line equipment to inspectors because of its expense
and impracticality, and because EHSD prohibits the use of contractor-supplied equipment,
asbestos inspectors will typically use SCBAs instead of air-line respirators in situations
where a supplied air respirator is required.
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Self-Contained Breathing Apparatus (SCBA)
An SCBA consists of a full-facepiece, regulator, and a respirable compressed air supply.
The SCBA allows the user to carry the air supply, thus'-eliminating the need for a stationary
air supply. The SCBA must be operated in the pressure demand mode to be used in
asbestos atmosphere.
Selection of Respirators
The following presents the criteria for respirator selection provided in the EPA
Environmental Health and Safety Division (EHSD) Health and Safety Guidelines for EPA
Asbestos Inspectors, The EHSD document addresses the use of known or expected fiber
concentrations and the type of inspection activity as the principal criteria for determining
respirator usage. The entire EPA guidelines document should be reviewed by anyone
conducting asbestos inspections.
General Requirements
In general, inspectors should not wear respirators unless they have been deemed "medically
fit" to wear such protection. The determination of whether the individual is medically fit is
made by a physician relying on information obtained through a medical and work history
questionnaire, a physical examination including a chest x-ray, pulmonary function tests and
gastrointestinal exam, and other tests or information deemed necessary by the medical
monitoring provisions of EHSD and OSHA regulations.
Inspectors should use only agency-owned respiratory protection equipment that they have
been specifically trained and fit-tested to use. Inspectors should never use equipment
offered by the abatement contractor. Supplied air respirators other than SGBAs probably will
not be worn by inspectors since it is doubtful that their agencies will provide the equipment
necessary for this type of system.
Respirator Selection Criteria
Ideally, respirators should be selected according to the actual or potential airborne asbestos
concentrations present at the site. When an exposure level cannot be determined, an
unknown exposure condition exists. Such a situation requires the use of SCBA. SCBA
offers the maximum level of respiratory protection. The buddy system is required in ;
situations where the SCBA user is in an atmosphere that is either oxygen deficient or highly
toxic and would be life threatening in case of respirator failure. AH activities covered by
these guidelines which would not result in a life-threatening or permanent injury situation
would not require using the buddy system.
Fortunately, much is known about the exposure conditions encountered at various
worksites. In 1989, Alliance Technologies Corporation, under contract with EPA, reviewed
PCM analytical data for over 4,000 air monitoring samples taken during renovation activities
at schools, residential buildings, hospitals, offices and industrial buildings. The study
3-4
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concluded that, when the OSHA asbestos standards for renovations were followed, no
concentrations in excess of 0.82 f/cc were found in the removal areas during active abatement
95 percent of the time.
The OSHA permissible exposure limit (PEL) for asbestos is 0.2 f/cc and the NIOSH
recommended exposure limit is 0.1 f/cc. The EPA, on the other hand, recommends that
inspectors' exposures to asbestos be limited to below 0.01 f/cc as an 8 hour Time Weighted
Average (TWA). Respirator selection criteria found in the Health and Safety Guidelines are
based on this TWA.
If asbestos inspectors can make a determination of a project's OSHA compliance prior to
entering containment, they can choose to use the lowest acceptable level of respiratory
protection, a NIOSH-approved, full facepiece respirator with HEPA filtration or any
approved tight-fitting (i.e. having a tight face to facepiece seal) powered air-purifying
respirator (PAPR) with HEPA filtration. This conclusion is based on the following
assumptions: ......
• exposures in renovation sites in compliance with OSHA do not exceed 2.0
95% of the time;
• full facepiece air-purifying respirators (and tight-fitting PAPRs) provide a
protection factor of 50x;
• inspectors will not be in the asbestos enclosure envelope for more than two
hours per day.
A 50x protection at an exposure level of 2.0 f/cc for two hours would result in an exposure of
0.01 f/cc TWA. Actually, most exposures would be far less than 0.01 f/cc, for most ;
individuals attain greater than a 50x protection factor from full-face respirators and tight-
fitting PAPRs and rarely will be in the envelope for two hours.
Air-purifying respirators include powered air purifying respirators (PAPR). These guidelines
assume that PAPRs provide the same protection as other air-purifying respirators due to the
possibility that overbreathing (i.e. inhaling at a rate that is greater than the air supplied to
the facepiece, resulting in a negative pressure in the facepiece) can occur. This guideline is
consistent with the NIOSH Respiratory Decision Logic of 1987 with respect to the protection
offered by PAPRs. Additional PAPR studies are being planned by NIOSH; if PAPRs are
shown to have higher protection factors in the future, appropriate changes will be made
regarding selection of respiratory protection.
OSHA Asbestos Standard Compliance
An abatement project's compliance with the OSHA asbestos standards can be gauged by
findings that:
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1. Records on- or off-site show that all employees have been trained as required by
OSHA standards. When records are kept off-site, the inspector should ask the
supervisor to state that proper records exist and are available for later review.
(Passing an approved AHERA class is desirable but not required for buildings not
covered by the AHERA regulations. Compliance with state and local training
requirements should be checked on a case-by-case basis.);
2. Records, either on- or off-site, show that project employees have been given medical
exams, including a determination that they are fit to wear respirators;
3. Amended water is being used to wet the ACM. (Check to see that amended water is
on-site outside the envelope.);
4. No power tools are being used to remove ACM;
5. The envelope is secure and no dust or debris appears to be coming from the removal
area;
6. Warning signs are posted and adequately labeled containers are being used in the
removal of ACM;
7. A permit for disposal has been obtained from the State or local government;
8. Employees are carefully removing ACM and not dropping materials on the floor;
9. Decontamination accommodations, including shower facilities, are in place;
10. Existing monitoring data indicate that asbestos fibers in the work area do not exceed
2.0 f/cc as an 8-hour TWA;
11. There is a written respiratory protection program and respirators are being used; and
12. A removal plan has been (or can be) made available for review.
The asbestos NESHAP inspector must exercise proper judgment in determining that air-
purifying respirators will provide adequate protection. The capability to make such
determinations must be obtained through both classroom and on-the-job training.
EPA inspectors entering a removal, demolition or renovation area should select the
appropriate respiratory protection according to the following locations and conditions.
No Respiratory Protection Required
No respiratory protection is required outside of the asbestos area-enclosing envelope when:
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• inspecting office areas and other locations outside the barrier. All barrier
seals must be intact, and all envelope entrances must have at least a double
barrier. No visible airborne dust or debris that is potentially asbestos-
contaminated should be present on any surface in the area;
• secondary containment is in place during glove-bagging operations. The
secondary containment enclosure must be complete, and, for all but small-
scale, short-duration operations, must also be under negative pressure;
• materials removed from the envelope have been cleaned and the pathway for
removal of bags and equipment is clear and clean;
• all ventilation systems in the envelope are off and sealed (This excludes
negative pressure systems designed for the removal project.); and
• wet methods are being used.
No respiratory protection is required inside the envelope when:
• inspecting any restricted area has already passed an appropriate clearing test
(e.g., minimum of aggressive sampling demonstrating a concentration below
O.Olf/cc by PCM); or
• no removal work has begun and all ACM is intact, not disturbed, not damaged,
no debris is present, and the inspection will not disturb any ACM.
Respiratory Protection Required
Respiratory protection will be required in many situations encountered by inspection
personnel, both inside and outside the active removal area. For example, respiratory
protection and personal protective equipment are required for inspections conducted outside
the work area if all of the previously listed conditions have not been met. In addition,
respirators and personal protective equipment are required whenever an inspector enters a
work area that has not been cleared for reoccupancy.
To determine the type of respiratory protection required, an inspector must rely on available
information and observations of the conditions at the work site. As a minimum, the EHSD
document requires either a full-face, air-purifying, negative-pressure respirator with HEPA
filters or a powered air purifying respirator (PAPR) with HEPA filters. An inspector can
upgrade respirator selections at any time, but should never downgrade selection.
To determine the type of respirator to use, a number of conditions must be met. These
conditions can be identified through a records review, pre-entry observations and
interviewing site personnel. If adequate information is not available to document all of these
conditions, an inspector must use his/her judgment to determine the level of respiratory
protection to wear. If upon entering the work area enclosure the inspector determines that
the conditions have not been met, he/she should immediately leave the work area and
upgrade the level of respiratory protection.
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Air-purifying Respirators
Full facepiece air-purifying respirators or tight-fitting PAPRs shall be worn by inspectors
when:
• inspecting outside the barrier where workers outside the barrier are wearing
air-purifying respirators;
• inspecting outside the barrier where the barrier is not complete and/or
asbestos-containing debris is present;
• inspecting inside the envelope when an inspection of the operation shows it to
be in compliance with the OSHA asbestos standard. If upon entering the
envelope, visible emissions are seen or other evidence suggesting non-
compliance is apparent, the inspector will immediately leave the area. Prior to
returning to the removal area to document violations, the inspector shall don
SCBAgear;
• inspecting inside the barrier and no active removal or disturbances have
occurred in the past 24 hours and the inspection will not disturb any ACM.
Atmosphere-supplying Respirators
Atmosphere-supplying respirators are required when:
• performance of the asbestos abatement project is not in accordance with
OSHA standards;
• materials are being removed which are not being properly wetted, or removal
causes the generation of significant levels of dust;
• monitoring data at the site show levels in excess of 2.0 f/cc;
• the inspector will be spending more than 2 hours inside the containment
envelope; and . -.-•'--.
• others at the site are Wearing atmosphere-supplying respirators.
If the above conditions are not met, or if during the course of the inspection the conditions
change, a self-contained breathing apparatus (SCB A) will be required. Supplied air
respirators (SARs) may not be acceptable if this would require the inspector to use
contractor equipment.
A Respiratory Protection Selection Checklist is provided for the convenience of inspectors as
Appendix B of this inspection manual.
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Other Medical/Physical Considerations in Respirator Usage
Medical Monitoring .
• Wearing & respirator imposes a physical stress on the user. Air-purifying
respirators require some effort during inhalation and exhalation to overcome
the resistance of the filter media and valve seals. The physical weight of an
SCBA may create a problem especially if extended work time and strenuous
work are required. Air-line respirators impose some physical stress due to
the weight of the attached air-line hose. OSHA regulations state that a
person shall not be required to wear respiratory protective devices unless it
has been determined that he/she is physically capable of doing so. A
physician knowledgeable in the field of occupational health should assess
one's pulmonary and cardiovascular status relative to respirator usage.
• Pulmonary considerations: the wearer should be examined for any respiratory
impairment from disorders such as emphysema,;obstructive lung disease,
bronchial asthma, etc. Medical tests required are pulmonary function (PFT),
FEV, FVC, and chest x-rays. This testing is preceded by the completion of a
medical and work history questionnaire. ,....,, ,
• Cardiovascular: the wearer must be evaluated according to one's medical
history and current cardiovascular status. A stress test may be required for
certain individuals in order to determine the absolute risk.
. f.1, -.'... , , , . '• ~ „
Miscellaneous Considerations
Facial hair: OSHA standards prohibit the use of respirators if one has any
growth of facial hair. The effect of .facial hair on a respirator's performance
(half-mask and full-facepiece respirator) depends upon the degree to which
the hair interferes with the sealing surface of the respirator, the physical
characteristics of the facial hair, the type of respirator worn in relation to the
wearer's facial characteristics, etc. In all cases, however, the wearer cannot
expect to obtain a face seal as satisfactory as those obtained by persons who
are clean shaven.
• Scars, hollow temples, high cheekbones, deep skin creases, and the lack of ,
teeth or dentures may cause respirator sealing problems. Full dentures
should be worn when wearing a respirator, but partial dentures may or: may
not have to be removed. Full lower dentures may be a problem since the
lower edge of the mask may unseat the dentures.
• An inspector may be deemed medically fit to wear a respirator; however,
he/she may feel claustrophobic in one and therefore be considered
"psychologically" unfit. Prior to using personal protective clothing and a
respirator during an actual inspection, an inspector is advised to conduct a test
run.
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Field Inspection and Checkout Procedures
Immediately prior to use, a respirator must be thoroughly inspected by the individual who
will be using it. As a minimum, OSHA standards require that the respirators be inspected
for the following:
• tightness of all connections;
• integrity of the facepiece, valves, connecting tube, and canisters; and
• proper functioning of the regulator and warning devices on SCBA.
Specific to each respirator type, the following should be performed each time the respirator is
used.
Air Purifying Respirator
• Examine the facepiece for scratches, cracks, tears, holes, distortion, excessive
or residual lint, dirt, etc.
• Examine facepiece seal to ensure that it is flexible and that there are no cracks
or tears.
• Examine filter cartridge holders for cracks, badly worn threads or missing
gaskets.
• Check head straps and harness for breaks, loss of elasticity, broken or
malfunctioning buckles, or excessively worn serrations.
• Determine the existence of inhalation and exhalation valves and examine them
for wear, foreign particles, cracks, tears, improper seating or installation, or
breaks or cracks in the valve body seating surface.
• Ensure that cartridges are the correct type. Cartridges must be from the same
manufacturer as the respirator and must be approved for use in an asbestos
atmosphere (type H, high efficiency filter, magenta color code).
• If the device has a corrugated breathing tube, examine for broken or missing
end connectors, gaskets or o-rings, missing or loose hose clamps, or
deterioration of the tubing.
• If respirator is a PAPR, determine whether the battery is fully charged, the
cartridges are properly connected, the fan is functioning properly, and
appropriate amounts of air are being delivered to the facepiece.
• Conduct a negative pressure test. With the respirator on and adjusted, block
the flow into inhalation valves and inhale. The facepiece should collapse
inward with no noticeable leaks.
• Conduct a positive pressure test. With the respirator on and adjusted, block
the flow from the exhalation valve and exhale. The facepiece should balloon
outward slightly with no noticeable leakage.
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Self-Contained Breathing Apparatus (SCBA)
• Check the facepiecfe in a similar fashion as for air-purifying respirators.
• Check the air supply system for:
integrity and good condition of air supply lines and hoses, including
attachments and end fittings;
correct operation and condition of all regulators, valves, and alarms; and
sufficient air charge in the high pressure cylinder for the use period.
Preferably, the tank should be fully charged.
Respirator Maintenance
Cleaning and Disinfecting
Respirators should be cleaned after each use in accordance with the manufacturer's
instructions. This cleaning is usually done by the wearer if respirators are individually
assigned. If such is not the case, it is best to have one person responsible for daily cleaning
and inspection of respirators.
OSHA regulations specify that a respirator must be cleaned and disinfected as frequently as
necessary to insure that the wearer is provided proper protection. In asbestos abatement
operations, it is recommended that respirators be rinsed after each inspection and thoroughly
cleaned and inspected at the end of each days' use. Each worker should be briefed on the
cleaning procedure and be assured that a clean and disinfected respirator will always be
issued. This is of greatest significance when respirators are not individually assigned.
The following general instructions may be helpful in cleaning and disinfecting the respirator,
• Remove all cartridges, canister, filters and gaskets or seals not affixed to their
seats.
• Remove headband assembly, straps, exhalation valve Cover and cartridge
holders.
• Remove speaking diaphragm or speaking diaphragm-exhalation valve,
assembly.
• Remove inhalation and exhalation valves.
• Wash components separately from the facemask.
Wash facepiece and breathing tube in cleaner/sanitizer powder mixed with
warm water, preferably at 120° to 140°F. Most respirator manufacturers
market their own cleaners/sanitizers which are dry mixtures of a bactericidal
agent and a mild detergent. One-ounce packets for individual use and bulk
packages for quantity use are usually available. Remove heavy soil from
surfaces with a hand brush.
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Remove all parts from the wash water and rinse twice in clean warm water.
Air dry parts in a designated clean area.
Wipe facepieces, valves, and seats with a damp, lint-free cloth to remove any
remaining soap or other foreign materials. Reassemble respirator.
Storage
Follow the manufacturer's storage instructions. Instructions are always furnished with new
respirators or affixed to the lid of the carrying case. In addition, these general instructions
may be helpful:
• After inspection, cleaning and necessary repair, store respirators where they
will be protected from dust, sunlight, heat, extreme cold, excessive moisture,
or damaging chemicals. Note: Respirators should be thoroughly dried before
being sealed in any container for storage.
• Store respirators in a convenient, clean, and sanitary location. The purpose of
good respirator storage is to ensure that the respirator will function properly
when used.
• Do not store respirators in clothes lockers, bench drawers, or tool boxes.
Place them in wall compartments at work stations or in a work area
designated for emergency equipment. Store them in the original carton or
carrying case.
• Pack or store respirators so that the facepiece and exhalation valves will rest
in the normal position. Respirators should not be hung by their straps. This
will ensure that proper function is not impaired by distortion of the respirator
or its straps.
OPERATIONAL PRACTICES FOR ENTERING AND EXITING SITES
The procedures for entering and exiting sites described in this section are a summary of
those described in the Health and Safety Guidelines, and have been generalized to cover
both the use of an air-purifying respirator and SCBA.
Entering and Exiting Site with a Three-Stage Decontamination System
A three-stage decontamination system consists of a clean room, shower room, and
equipment room (sometimes referred to as a dirty room) contiguous with the active removal
area. The OSHA asbestos Construction Industry Standard (29 CFR 1926.58) requires the
use of this type of decontamination system for removal, demolition, and renovation projects
(detailed in Appendix F of the OSHA standard).
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Prior to Entering the Clean Room
Determine that the respirator is functioning properly.
Make sure that you have all materials and equipment necessary to
conduct the inspection safely (e.g., protective clothing, respirator, extra
plastic bags, spray bottle, disposable towels, flashlight, camera, etc.).
All materials carried into the contaminated, area should be sealed in a
plastic bag to minimize contamination.
If you take a camera into the contaminated area, precautions must be
taken to minimize contamination and to decontaminate the camera when
exiting. Use of a waterproof camera or sealing a conventional camera in
an impermeable clear camera box will facilitate a more complete
decontamination.
In the Clean Room
Remove all street clothing including socks and underwear. If desired,
wear a bathing suit (or equivalent), appropriate footwear (sneakers,
steel toed shoes, etc.) and inner disposable footcoverings. The inspector
should leave his/her clothes in a clean sealed plastic bag to protect
against accidental contamination by abatement workers. Any equipment
not taken into the contaminated area should also be placed in the plastic
bag.
If an SCBA will be used, close the air flow valve and don the SCBA; let
the respirator facepiece hang from the neck by the strap.
Don disposable, full-body, hooded coverall (e.g., Tyvek® or equivalent).
If using an SCBA, wear a coverall with an expandable back or oversize
(XXL) Tyvek® over the SCBA.
Don disposable outer boots and seal to outer suit with duct tape.
(Tyvek® booties will rip quite easily once they become wet. The
inspector may wear disposable rubber boots or reinforced rubber boots).
- Fit respirator facepiece to face. Perform negative and positive pressure
field checks for air-purifying respirator. For SCBA, open air valves and
adjust facepiece straps.
Fit the coverall hood snugly around the respirator facepiece and zip up • • •
coverall. Use duct tape to close gap at neck if desired.
Don disposable gloves; use duct tape to seal them to the coveralls.
Proceed through the shower area and equipment room and into the work
area; disposable towels and soap may be left behind in the shower area).
Conduct the inspection.
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Before Leaving the Contaminated Area
HEPA vacuum (if possible) any visible debris from protective clothing
and sample containers, sampling equipment, and any other items which
are being taken out of the work area. Proceed to the equipment room.
In the Equipment Room
If possible, decontaminate all non-disposable equipment including
footwear at the site. If not, seal all contaminated non-disposable
materials in a plastic bag and take them with you to decontaminate at a
later time.
While still wearing the respirator, carefully remove the outer booties and
gloves and take off the coveralls, rolling them inside out in the process.
Place all contaminated protective clothing in a properly labeled waste
disposal, container.
If a PAPR or an SCBA is worn, removal of protective clothing can be
awkward since the respirator must continue to function. For a PAPR,
remove the belt and harness on which the motor and filter mount and hold
while removing coveralls and proceed to the shower. For an SCBA,
carefully remove coveralls, lower the tank assembly to the ground or
, balance it between your legs and proceed to the shower.
In the Shower Area
For negative pressure respirators, take a deep breath and thoroughly
shower your head with the respirator on; remove respirator and clean it.
Dispose of HEPA filter cartridges as asbestos-containing waste.
For PAPRs or SCBA, hold battery and mechanical parts away from
shower water while rinsing your head and the respirator facepiece.
Remove the respirator facepiece and then wet-wipe the other
components of the PAPR or SCBA. Dispose of HEPA filters as
asbestos-containing waste.
If wearing a bathing suit, remove and thoroughly rinse it and place it in a
plastic bag. Finish showering, thoroughly washing the entire body with
soap and water.
Proceed to the clean room.
In the Clean Room
Dress in street clothes.
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Entering and Exiting Sites Without a Three-Stage Decontamination System
Often inspections are required at sites where a three-stage decontamination system is not
available. When confronted with such a site, the inspector must use his or her judgment
regarding the safest method of conducting the inspection.
Before Entering the Contaminated Area
Make sure the respirator is operating properly.
Make sure you have all materials and equipment necessary to conduct
the inspection safely (e.g., protective clothing, respirator, disposable
towels, extra plastic bags, spray bottle, flashlight, camera etc.).
Materials carried into the work area should be sealed in a plastic bag to
minimize contamination.
- If you take a camera into the contaminated area, precautions must be
taken to minimize contamination or to decontaminate the camera. Use of
a waterproof camera or sealing a conventional camera in an impermeable
clear camera box will enable more complete decontamination.
Leave all street clothing on. Short-sleeve shirts and short pants are
preferable. If you are wearing long pants or long sleeves, roll them up.
Don an inner disposable coverall and inner booties (e.g., Tyvek® or
equivalent) over street clothes.
If an SCBA will be used, close the air flow valve and don the SCBA; let
the respirator facepiece hang from the neck by the strap.
DonthePAPR.
Don outer disposable coverall. Wear coverall with an expandable back if
an SCBA is used, but do not zip it up. (An oversize (XXL) Tyvek® suit
may substitute for an expandable back suit).
Don disposable outer boots; use duct tape to attach the boots to the
outer coverall. (Tyvek® booties will rip quite easily once they become
wet. Disposable rubber boots or reinforced rubber boots may be used).
Fit the respirator facepiece to the face, open the air valve of the SCBA
and tighten the facepiece straps. If an air-purifying respirator is used,
conduct negative pressure and positive pressure field tests.
Fit the coverall hood snugly around the respirator facepiece arid zip up
the coverall.
Don disposable gloves; use duct tape to seal gloves to the outer coverall.
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Proceed into the work area.
Conduct the inspection.
Before Leaving the Contaminated Area
Standing near the exit, HEPA vacuum (if possible) and wet wipe all
visible debris from the outer protective clothing (use a spray bottle
containing water and disposable towels to wet wipe the suit; use plenty
of water). Standing at the doorway inside the work area, remove outer
protective clothing, role the coveralls inside out, and immediately step
outside the area. Place the suit in a labeled waste container.
Outside the Contaminated Area
Thoroughly wet wipe and mist spray the respirator and inner disposable
coverall. Move away from the doorway and remove the inner protective
clothing. Place the disposable coverall into a labeled waste container.
Wet and seal all contaminated non-disposable materials in a plastic bag
and take them with you to decontaminate later.
DISPOSAL OF CONTAMINATED CLOTHING
Contaminated or potentially contaminated protective clothing worn during asbestos
inspections should be discarded as asbestos-containing waste. These materials include the
coveralls, disposable boots, disposable gloves, respirator cartridges, and any other
miscellaneous materials such as paper towels or wet wipes. Usually, inspectors can discard
their contaminated clothing in labeled, scalable waste containers provided by the
owner/operator. Since the owner/operator must treat the waste disposed in this container as
asbestos-containing, the inspector can assume that the material he or she discards will be
disposed of properly. Although this procedure is generally acceptable, it is always a good
idea to obtain permission from the owner/operator before discarding contaminated clothing.
There will be cases, however, when disposal of contaminated clothing will present a problem
to the inspector. For example, the inspector may be conducting an inspection where the
owner/operator is not properly disposing of waste or where permission to discard inspector
waste is not granted. In such cases, proper handling and subsequent disposal of
contaminated clothing becomes the responsibility of the inspector. It is important, therefore,
that the inspector come to the site prepared for such instances and that policies exist within
his/her agency to deal with asbestos-containing waste.
Contaminated clothing must be placed in sealed plastic bags before leaving the site. The
inspector should carry disposal bags with him/her. Preferably, these bags should be pre-
labeled, scalable waste containers, but plastic trash bags will serve the purpose provided
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that they are eventually placed in labeled bags before final disposal. The exact procedures to
follow in handling the bagged waste and ultimately disposing of the material is up to the
policy of the regulatory agency. .
OTHER SAFETY CONSIDERATIONS IN ASBESTOS WORK
Because inspections are often conducted in a building undergoing demolition or renovation,
increased asbestos exposure is only one of the many hazards inspectors may encounter.
Heat Stress—Due to the protective clothing and equipment worn and the
often hot and humid conditions in which they work, inspectors are in jeopardy
of developing heat stress.
The loss of water via perspiration is the main factor responsible for various
forms of heat stress which include heat cramps, heat exhaustion, and heat
stroke.
Since dehydration is the main contributing factor, heat stress can be prevented
almost entirely by ensuring adequate fluid intake. Plain water is the best
liquid, but fruit juices and other drinks which do not contain excessive amounts
of salt, sugar, or caffeine may be drunk.
Use of a PAPR, increased local exhaust ventilation and gradual acclimatization
to the hot environment will also help prevent heat stress.
For any inspection lasting more than 15-minutes in an atmosphere of 70°F or
higher, inspectors should follow the recommendations found in the NIOSH
interagency document Health and Safety Guidelines for Hazardous Waste
Workers.
• Climbing Hazards—Inspectors may need to examine elevated surfaces during
an inspection. Since wearing a respirator may reduce an inspector's vision
and stairways, railings, scaffolding and ladders may not be in prime condition,
great care must be taken.
OSHA standards require that when free-standing mobile scaffolding is used,
the height must not exceed four times the minimum base dimension. For
mobile scaffolding, the base dimension must be one-half the height. Most
safety precautions involving ladders and stairways require common sense.
For example, inspectors should not stand on the top step of a ladder and
should ensure the ladder is on solid footing.
• Working Surfaces—Polyethylene sheeting will be on the floors at most
removal jobs. When wet, this floor covering is very slippery. Additionally, air
lines, water lines, bags of waste, electrical cords, stripped asbestos and ,
debris, and disposable boots worn by the inspector may present a tripping
hazard.
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Lighting—Lighting may be unavailable for pre-removal or post-removal
inspections. In these situations, an inspector must use a hand-held
flashlight. Hazards of poor lighting include risk of head injury from suspended
objects such as low hanging pipes, light fixtures, etc., and other injuries due to
tripping or falling over objects on the floor.
Electrical Safety—Due to the use of wet methods, electrical shock is a risk
in the vicinity of electrical panels, conduits, light fixtures, alarm systems,
junction boxes, computers, and transformers. Inspectors should ensure that
the electrical system is ground-faulted (as required by OSHA). Common
recommendations for electrical safety include use of non-conductive sample
collection devices (wood, plastic, rubber) and avoidance of puddles of water
near electrical wires or extension cords.
Falling/Fallen Objects—Where there is a possibility of head injury from
impact or from falling or flying objects, inspectors should wear head protection
which meets ANSI Z89.1-1969 safety requirements for industrial head
protection.
Biological Hazards—Wild animals in abandoned buildings, rats, snakes,
insects.
Chemical Hazards—PCBs, spray poly (intense ammonia smell), solvents,
dry ice.
Lack of Oxygen—Crawl spaces or other areas with little or no ventilation.
Unsafe Structures—Floors and stairs in old buildings may be unsafe and in
danger of collapse. The inspector should take care when conducting
inspections in old or partially demolished buildings.
Painted Skylights—Stepping on such an area can cause serious injury.
Claustrophobia—Panic induced by protective equipment and confined spaces
can cause serous injury.
Noise—Inspectors should carry hearing protection with them as standard
equipment and use it when necessary.
Machinery Hazards—Adequate safety precautions should be taken when
visiting sites where power washers, shredders, or high-powered vacuum
machines are in use.
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SECTION 4
PRE-INSPECTION PROCEDURES
In-office activities of a NESHAP inspector prior to onsite inspections ensure smooth field
inspections. Specific activities include reviewing notifications, tracking non-notifiers and
preparing inspection equipment. Specific details are presented below.
Review Notification
The notification should be reviewed for completeness relative to the requirements of
61.145(b). When scheduling an inspection, an inspector should focus particular attention on
the following details:
• Location of the facility;
Schedule for demolition or renovation; and
Quantity of friable, nonfriable having the potential to become friable, and
nonfriable ACM (to determine applicability of the asbestos NESHAP).
Asbestos removal operations at schools should be coordinated with the Regional Asbestos
Coordinator, if possible, to check for compliance with AHERA and WPR regulations.
Identifying Non-Notifiers
The worst-case violation of the notification requirements of 61.145(b) would be the complete
failure to notify. The following techniques can be used by inspectors to identify noh-notifiers;
Respond to complaints from the general public, employees, or competitors who
may have recognized a very low bid award. Also, use cross-referral
information from other Federal, State and" local agency inspectors.
• Drive by the site enroute to or from other inspections while the
demolition/renovation appears to be in progress. The presence of a roll box for
disposal of construction debris is strong evidence of demolition/renovation
activities.
Observe trucks entering a landfill and question their origin if suspected
asbestos debris is on board. Regularly conducting inspections at landfills to
review asbestos receiving records will also provide information on contractors
who have notified.
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• Review demolition or renovation permits written by the local building
department.
• Review trade journals, newspapers, etc., for ongoing or past projects.
Preparation of Inspection Equipment
In order to ensure the most efficient and complete inspection possible, an inspector must
gather and pack all equipment necessary for the inspection. A detailed list of equipment and
explanations of the purpose of each item follows. A checklist is provided in Appendix C for
the convenience of inspectors.
• Copy of Notification—-If notification has been provided, it should be available
to verify the accuracy of information required to be included under 61.145.
• Protective Equipment—The EHSD guidance recommends that the following
items be used by asbestos inspectors (refer to Section 3 for further details):
respirator(s)
disposable full-body, hooded coveralls
disposable gloves
disposable inner and outer booties
hard hat
safety shoes
duct tape
liquid soap
disposal towels
bathing suit (or equivalent)
• Employee Identification—Proper credentials to prove authority for performing
the inspection, and any certification cards of respiratory fit-testing or medical
monitoring.
• Copy of Asbestos NESHAP Regulation—Helps resolve disagreements if the
owner/operator is unfamiliar with regulations; it is advantageous to leave a
copy with the owner/operator.
• Bound Notebook and Writing Implements—Note that inspectors should take
notes and fill out checklists to every extent possible before entering the
removal area. (Note: in some situations, it may be critical to enter the work
area quickly to assess potential violations; in these cases the checklist and
notebooks can be filled out after the inspections). Where practical, leave the
notebook and checklist outside the contaminated area and fill out immediately
after decontamination. Alternatively, plastic clipboards, plastic transparency
sheets and waterproof pens or divers' underwater writing materials, all of
which can be decontaminated, may be used.
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Field Data Collection Checklists—Checklists are useful as a reminder of the
baseline information needed for all inspections. See Appendix C for a copy of a
representative checklist.
Camera (with flash)—Take photographs of sample locations and visible
emission sources. Waterproof cameras are convenient when wet removal is
occurring, and decontamination is required.
Flashlight—Work may be conducted in areas with inadequate lighting such as
basements, above drop ceilings, and buildings in which the electricity has been
turned off.
Binoculars—Necessary for offsite observations.
Tape Measure—Inspectors should carry tape measures so that they may
accurately quantify the amounts of friable ACM. As an alternative, an
inspector may pace off distances and estimate distance based on a previously
measured pace.
Chain-of-Custody Forms and Labels—These forms and labels allow
inspectors to properly distinguish each sample and to maintain a record of
sample possession and transfer.
Shipping Supplies—Samples may be sent to a laboratory from the field.
Sampling Equipment—The following equipment and materials are used for
bulk sample collection (refer to Section 8 for further details):
sample containers
water spray bottle
adhesive tape
tools (knife, tweezers, coring device, etc.)
drop cloth
wet wipes
plastic bags
glovebag (for those situations where bags are opened outside the
containment area)
disposable towels
Extra fresh batteries - for camera and flashlight
Business cards
Building diagrams (if available)
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SECTION 5
ONSITE FACILITY INSPECTIONS
Onsite facility inspections provide the foundation for all asbestos NESHAP enforcement
actions for substantive violations and therefore are critical to enforcing NESHAP. Onsite
inspections are also used to determine whether potential AHERA or WPR violations exist.
(Field Inspection Checklists are included as Appendix C to this document.)
In most cases it is necessary for the inspector to enter active removal areas to determine
compliance and to collect evidence of non-compliance. Due to irregularly scheduled asbestos
removal, inspectors may find themselves conducting a pre-removal inspection if a job is
delayed, or a post-removal inspection if a job is completed ahead of schedule. The following
provides step-by-step inspection procedures common to pre-removal, active removal, and
post-removal inspections. All inspections for the asbestos NESHAP are intended to be
unannounced.
PRE-ENTRY REMOTE OBSERVATIONS
The pre-entry observations (which may be conducted remotely using binoculars) enable the
inspector to determine the location and type of activities in progress. Additionally, pre-entry
observations provide the inspector with information regarding the appropriate safety
equipment to use. Upon arriving at the site, an asbestos inspector should do the following:
Look for visible emissions to the outside air (from window, doors, etc.).
• Look for suspected asbestos-containing debris outside the removal area.
• Observe waste storage areas (dumpsters) and evaluate the quantity and
condition of the waste created.
• Note land use surrounding the site in order to assess exposure liabilities. Are
there residences, schools, playgrounds, etc. nearby? (Draw a land-use
diagram in the field notes.)
Attempt to establish the magnitude and location of the asbestos project within
the facility.
Sketch the general site layout and areas to be inspected. Verify that all
pertinent locations are incorporated into the inspection plan.
Check safety equipment. TheEHSD Health and Safety Guidelines for EPA
Inspectors states that EPA employees should use only EPA- owned
respiratory equipment that they have been specially trained and fit-tested to
use.
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Observe trucks being used to haul suspect ACWM. Are they properly
marked?
PRE-ENTRY INTERVIEW
During the pre-entry interview, it is critical that discussions are properly documented. They
may later be considered admissions of guilt if violations are detected. The following steps
should be followed once an inspector arrives onsite:
• Request to see the owner/operator or site foreman.
• Show identification credentials and explain the authority and purpose of the
inspection. (State and local agency inspectors may need to carry specific
licenses or certifications.)
• Discuss the inspection procedure:
photographs
samples
• If denied entrance, do not be forceful. Simply explain that the authority for this
type of inspection is explicitly given in Section 114 (a)(2) of the Clean Air Act
which states that EPA inspectors shall:
"...have a right of entry to, upon, or through any premises in
which an emission source is located..."
Also state that:
the agency's regulatory attorney will be informed and, if necessary,
the agency will apply for a warrant to gain entry.
Show medical monitoring credentials. In some instances, a facility
owner/operator may demand to see proof that an inspector is meeting the
requirements of the OSHA medical monitoring program. Because this is a
reasonable request, inspectors are advised to carry an agency medical
monitoring credential. (Note: EPA personnel are not specifically subject to
the OSHA standard; however, they are subject to the EHSD guidelines which
stipulate similar requirements.)
Review the notification. •
Sign no waivers. It is EPA's policy that liability waivers never be signed.
Other inspectors should refer to the specific policies of their State or local
agencies.
Establish the identities of all responsible individuals, from the person being
interviewed to the building owner. Also document the name and title (and
address, if possible) of all parties interviewed during the inspection.
(Collecting business cards of these individuals is a good practice.)
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Determine a logical sequence for the site inspection to promote its overall
efficiency. Determine if there are any safety considerations in addition to
those already anticipated.
Interview Questions
During the interview inspectors should attempt to gain an understanding of the procedures.
being employed onsite to minimize asbestos fiber release. Inspectors should ask both
general and site- specific questions, examine on-site documents and observe work practice
procedures outside the work area in order to choose appropriate personal protective
equipment (pursuant to the EHSD Guidelines - see Section 3) and to determine preliminary
compliance with NESHAP, AHERA and the WPR. Answers to the following may become
valuable evidence in the event violations are detected.
General Questions
Has the owner/operator ever engaged in removal of asbestos before?
• What formal training has the owner/operator or his staff had regarding the
handling of asbestos?
What is the owner/operator' s understanding of the NESHAP requirements for
the handling of asbestos during removal?
Site-specific Questions
Has removal work begun? (If not, is all ACM intact, undisturbed and
undamaged, and no debris present?)
Is there a written respiratory protection program and are respirators being
used?
• Is the work area completely enclosed with plastic sheeting or equivalent?
• Have all the ventilation systems that have components in the envelope been
shut off? _ . .
Are all vents in the work area taped shut?
• Are decontamination means, including shower facilities, in place?
• If glove bags are being used: , ,
Is secondary containment which is under negative pressure in place?
(OSHA 29 CFR 1926.58 requires that "wherever feasible, the employer
shall establish negative pressure enclosures before commencing
removal, demolition and renovation operations.)
Are the glove bags themselves under negative pressure? (A special
attachment to a HEPA vacuum may be used to create a reduced pressure
atmosphere within the bag while the removal takes place. Secondary
containments most likely will not be used in this case.)
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What kind of asbestos is reing removed? (Is it capable of being adequately
wetted?
Are wet methods being used (i.e. no dry scraping, wire brushing of dry
materials, nor sweeping or other handling of dry debris)?
Is amended water being used to wet the ACM? (Check to see that amended
water is onsite outside the envelope.)
If wet methods are not being used, what emission control methods are being
used? .,..-..
Are power tools being used to remove ACM?
Are employees removing ACM appropriately (i.e., using dust-tight chutes, not
dropping materials to the floor, etc.)?
Has a waste disposal permit been received? (not required by NESHAP)
Document Examination
Do existing monitoring data indicate that asbestos fibers in the work area do
not exceed 2.0 f/cc?
Do records on site show that all employees have been trained as required by
OSHA, State and local authorities?
Do records show that project employees have been given medical exams,
including a determination that they are fit to wear respirators?
Has the area already passed an appropriate clearing test (minimum of
aggressive sampling with a concentration below 0.01 f/cc by PCM)?
Is there information posted and available for inspection documenting that at
least one on-site representative has received training in the provisions of the
NESHAP regulation? (This requirement is effective 1 year after promulgation
of the revised NESHAP.)
Pre^entry Worksite Observations
Are warning signs posted?
As a minimum, have all envelope entrances been constructed as a double
entry system (usually two or three sheets of plastic draped between each
stage of the entry system)?
Are all barrier seals intact with no dust or debris coming from the removal
area?
Is there any dust or debris that is potentially asbestos- contaminated present
on any surface in the area?
Are adequately labeled containers being used in the disposal of ACM?
Have materials removed from the envelope been cleaned?
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Is there a clear and clean pathway for the removal of bags and
equipment?
PRE-REMOVAL INSPECTION
Facility inspections conducted prior to commencement of asbestos removal do not enable the
inspector to fully evaluate the owner/operator's compliance with the asbestos NESHAP.
However, if an inspector does arrive onsite prior to removal, useful information can be
gathered. In this case, the principal objectives are to verify that the asbestos NESHAP is
applicable, and to gain a sense of the owner/operator's ability to remove the asbestos
appropriately.
As with any inspection, safety must be considered before the inspection begins. The specific
safety requirements will be left to the discretion of the inspector. As a general rule,
however, if any friable ACM or nonfriable ACM in poor condition is being disturbed, the
inspector should treat the inspection as an active removal situation and follow the suit-up
procedures in Section 3.
The following summarizes inspection activities relative to NESHAP requirements. The
entire NESHAP text can be found in this manual as Appendix A.,
Applicability (61.141,61.145)
Verify that the site meets the definition of a facility:
"any institutional, commercial, public, industrial, or residential
structure, installation, or building (residential buildings having
four or fewer dwelling units are excluded); any ship; and aiiy
active or inactive waste disposal site."
• Determine whether the activity is classified as a demolition or renovation.
Measure the amount of ACM that is scheduled to be disturbed to determine if
the minimum quantity of 260/160/35 is exceeded. , ^ •
Notification [61.145(b)]
• Determine whether a notification exists and, if it does, verify that the
information conveyed verbally during the inspection agrees with the
information provided in the notification. ,
Determine if the amount of ACM designated by the owner/operator for
removal is accurate relative to the amount that the inspector thinks will
potentially be disturbed during the demolition or renovation.
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Planned Emission Controls [61.145 (c)]
Observe equipment onsite and elicit verbal explanations of planned emission control
procedures to ascertain whether the owner/operator is sufficiently equipped and
knowledgeable to meet the wetting and handling requirements of 61.145 (c). Consider the
following:
• Will water and wetting agents be available for wetting ACM before removal and
maintaining it in a wet condition until it is collected for disposal?
• If wet methods will not be used, what emission control methods are planned?
• Will ACM be removed or stripped more than 50 feet above ground level? If so,
how will it be brought down?
Be aware that the asbestos NESHAP allows exemptions from removal, stripping, wetting,
and packaging of ACM in certain situations. A detailed description of these exemptions can
be found in "Emission Controls" of the ACTIVE REMOVAL INSPECTIONS portion of this
section. --,.,.•
Disposal Techniques (61.150)
Although several waste disposal options are delineated by the asbestos NESHAP, most
owner/operators choose to remove ACM and package it for off-site transport. Inspectors < '
should determine the following: ,
• Are leak-tight containers or wrapping available to package removed ACM?
• Do these containers or wrappings exhibit the required OSHA warning label?
• If the removed ACM is destined for off-site transport, are these containers or
wrapping materials labeled with the name of the waste generator and the
location at which the waste was generated?
Where will the ACWM be deposited and how often will it be removed from the
worksite?
• Has a permit for disposal been obtained? (not required by NESHAP)
• Are waste shipment record forms available for use?
• Is the owner/operator aware of the NESHAP requirements regarding their use?
Evidence Collection
In addition to the general information conveyed by the owner/operator, the following evidence
should be collected by an inspector during a pre-removal inspection:
• Measurements of area, linear footage or volume of suspect ACM that has
already been or will be removed during the project (Is 260/160/35 exceeded?)
Samples of material which were stated in the notification to be ACM.
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Collect these samples using techniques described in Section 8 and document
(using sketches and photographs) their specific locations within the facility. If
the owner/operator later states that the notification was misrepresentative
(i.e., that the material removed did not contain asbestos), these samples may
provide legal evidence to the contrary. (
Samples of suspect ACM (friable, nonfriable which has become friable during
, ..:.,. the demolition or renovation operation, and nonfriable ACM that the inspector
feels will be disturbed during the demolition or renovation) which were not
listed by the owner/operator in the notification
Collect these samples using techniques described in Section 8 and document
(using sketches and photographs) their specific locations within the facility.
ACTIVE REMOVAL INSPECTIONS
To fully evaluate compliance of the asbestos NESHAP, an inspector must be prepared to
enter the active removal area. The inspector will follow the procedures discussed previously
for pre-inspection observations and interview. The information gathered during pre-
inspection activities will enable the inspector to select appropriate safety equipment and
procedures to follow, as detailed in Section 3.
The inspector' s principal objectives in entering the active asbestos removal area are to:
(1) make first-hand observations of the adequacy,of wetting and maintaining wetness until
ACM is collected for disposal; (2) take samples of any suspect ACM to serve as evidence
that a violation involved asbestos-containing material; and (3) accurately determine whether
the quantity of suspect ACM exceeds the minimum regulated quantity of 260/160/35.
Removal Area Entry Preparation
Inspectors should prepare to enter the active site only after determining the safety
equipment needed. The following steps summarize the procedures detailed in Section 10:
• If a three-stage decontamination unit is available, the inspector will enter the
clean room, remove street clothes (except bathing suit), and suit-up in
accordance with the procedures in Section 3. Street clothes should be stored
in a plastic bag to ensure that no accidental contamination occurs.
If there is no 3-stage decontamination unit, the inspector will suit-up with
double disposable coveralls over his or her street clothes following the step-
by-step procedures listed in Section 3.
Inspection/Sampling Equipment
Only items that can be washed or showered should be taken into the active removal area; all
other items should be left outside. Critical inspection and sampling equipment to bring inside
include: . .. ,
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• Pre-labeled sample containers (as described in Section 8);
• Waterproof camera - automatic 35mm with flash;
• Waterproof clipboard with a plastic sheet on which to write (white paper
inside a zip-lock bag provides a good background);
• Indelible marker for taking notes on the plastic sheet; and
• Waterproof flashlight.
This equipment may be carried in a zip-lock bag taped to the side of the disposable coverall,
or through which a belt is strapped.
Applicability [61.145(a)]
Violations of the asbestos NESHAP cannot be validated unless the inspector has sufficient
evidence that the site of asbestos removal meets the applicability requirements of
[61.145(a)] The following specific criteria must be met:
• For renovations - if the amount of ACM that will be stripped or removed from
a facility exceeds 260/160/35, then all notification requirements of 61.145(b)
and emission control requirements of 61.145(c) apply.
• For demolitions - if the amount of ACM in the facility exceeds 260/160/35,
then all notification requirements of 61.145(b) and emission control
requirements of 61.145(c) apply.
• For demolitions - if the amount of ACM in a facility that will be disturbed is
less than 260/160/35 (even if no asbestos is present), only the notification
requirements of 61.145(b) apply.
The definition of demolitions and renovations differ in that a demolition specifies that a load-
supporting structural member is wrecked or removed. The term "demolition" also includes
any related handling operations which could be interpreted as any asbestos removal prior to
actual demolition, and intentional burning of a facility.
Notification [61.145(b)]
• Verify that a notification exists and, if so, verify that the information conveyed
verbally during the inspection agrees with the information provided in the
notification.
• Determine if the amount of ACM designated by the owner/operator for
removal is accurate relative to the amount that the inspector thinks will
potentially be disturbed during the demolition or renovation.
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Emission Controls [61.145 (c)]
Each owner/operator of a demolition or renovation activity must comply with the provisions
of 61.145 (c).
61.145 (c)(l)—Remove all ACM from a facility being demolished or renovated before any
activity begins that would break up, dislodge, or similarly disturb the material or preclude
access to the material for subsequent removal.
61.145 (c)(2)—When a facility component that contains, is covered with, or is coated with
ACM is being taken out of the facility as a unit or in sections, adequately wet all ACM
exposed during cutting or disjoining operations and carefully lower them to the floor or ground
level. Do not drop, throw, slide or otherwise damage or disturb the ACM.
61.145 (c)(3)—Adequately wet ACM while it is being stripped from in-place facility
components.
61.145 (c)(6)—For all ACM, including material that has been removed or stripped,
adequately wet the material and ensure that it remains wet until collected and contained or
treated in preparation for disposal. Carefully lower the material to the ground and floor
without dropping, throwing, sliding or otherwise damaging or disturbing it. If the ACM has
been removed or stripped more than 50 feet above ground level and it was not removed as
units or in sections, transport it to the ground in leak-tight chutes or containers .
61.145 (c)(8)—Effective 1 year after promulgation of this regulation, no ACM shall be
stripped, removed, or otherwise handled or disturbed at a facility unless at least one on-site
representative, such as a foreman or management-level person or other authorized
representative, trained in the provisions of this regulation and the means of complying with
them is present. Every 2 years this individual must receive refresher training in the
provisions of this regulation. Evidence that the required training has been completed must
be posted and made available for inspection by the Administrator at the demolition or
renovation site.
61.145 (c)(9)—When a facility is ordered to be demolished, keep the portion of it containing
ACM adequately wet during the wrecking operation.
61.145 (c)(10)—If the facility is demolished by intentional burning, remove all ACM,
including Categories I and n nonfriable ACM before burning.
61.145 (c)(ll)—If Category I nonfriable ACM is sanded, ground, sawed or abraded, the
owner or operator, discharge no visible emissions to the outside air during such operations;
and adequately wet the material or use a local exhaust and ventilation and collection system
designed and operated to capture the paniculate asbestos material generated during such an
operation.
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Emission Control Exemptions
If the owner/operator is not following standard work practices relating to removal, strippping,
wetting and packaging of ACM, the inspector must carefully evaluate whether activities seen
are justified by the following exemptions in the asbestos NESHAP:
Removal of ACM is not required before demolition if it:
• 61.145 (a)(3) - is located in a building which has been ordered by a
government authority to be demolished. Wetting of the portion of the facility
that contains ACM is required during the wrecking operation [61.145 (c)(9)]
and ACWM must be handled in accordance with waste disposal requirements
(61.150).
• 61.145 (c)(l)(i) - is Category I nonfriable ACM in good condition.
• 61.145 (c)(l)(ii) - is on a facility component encased in concrete or other
similarly hard material and is adequately wet whenever exposed during
demolition. (Doubled concrete-block walls with risers inside do not meet the
"encased in concrete" definition.)
• 61.145 (c)(l)(iii) - was not discovered until after demolition began and cannot
be safely removed. The ACM must be adequately wet whenever exposed
during demolition.
• 61.145 (c)(l)(iv) - is Category II nonfriable ACM and the probability is low
that the material will become friable during demolition.
Stripping of ACM from facility components is not required:
• 61.145 (c)(4) - if the components have been taken out of the facility as a unit
or in sections contained in leak-tight wrapping.
• 61.145 (c)(5) - if the ACM attached to certain large facility components
(excluding beams) which are handled without disturbing the ACM, are
appropriately labeled and wrapped leak-tight.
Wetting is not required in renovation operation's if
• 61.145 (3)(i) - it causes unavoidable equipment damage or presents a safety
hazard. Written approval from the Administrator must be obtained (and kept
at the worksite) and either a local exhaust ventilation and collection system,
glove-bag system or leak-tight wrapping prior to dismantlement must be
• employed.
• 61.145 (3)(ii) - the Administrator has given written approval to an alternate
equivalent method. This approval must be kept onsite.
• 61.145 (c)(7) - the temperature at the point of wetting is below freezing.
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Facility components must be removed as units or in sections to the maximum
extent possible.
Packaging of ACWM prior to disposal is not required if the ACWM results from a
government-ordered facility demolition (61.150). Wetting requirements still apply.
Determination of Adequately Wet
Adequately wet, as defined in 61.141 means to:
"sufficiently mix or penetrate with liquid to prevent the release of
particulates. If visible emissions are observed coming from asbestos-
containing material, then that material has not been adequately
wetted. However, the absence of visible emissions is not sufficient
evidence of being adequately wet."
The inspector is responsible for the overall determination of "adequately wet" relative to the
above listed citations from the asbestos NESHAP. It is important for an inspector to
document whether or not material has been adequately wetted and how this determination
was made. The following questions and procedures will help document compliance with this
provision of the asbestos NESHAP:
• Is there a water supply in place?
• Is water or a wetting agent observed being sprayed onto the suspect ACM or
ACWM both during stripping or removal and afterwards while the material
awaits proper disposal? If yes, carefully note the method of application used
(e.g., misting, fogging, spraying of surface area only or drenching to penetrate
the ACM throughout).
• Does the equipment used to apply the wetting agent appear to be operating
properly?
If an aqueous solution is not being used, determine why it is not and document
the reason. Possible (although not necessarily valid) reasons include:
prior permission obtained from the Administrator (safety hazard,
potential equipment damage);
no water source at the facility;
temperature at the point of wetting below 32 degrees F;
portable water supply ran out and contractor continued to work; or
contractor prepared the area earlier, etc.
Examine a stripped or removed piece of suspect ACWM or ACM which wets
readily. Does it appear to be wetted throughout? If it does not, adequately
wet the sample. Describe and photograph how the physical characteristics of
the material change upon wetting (e.g., color, weight, texture, etc.). Take
samples, as necessary, to document the presence of asbestos in the suspect
material.
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• When examining materials that do not readily absorb a wetting agent (e.g.,
premolded thermal system insulation, ceiling tiles, floor tiles) inspectors
should note whether all exposed surfaces of these materials have been wetted
as required.
» Is there visible dust (airborne or settled), or dry suspect AGWM debris in the
immediate vicinity of the operation? Inspectors should collect samples of such
materials for analysis of their possible asbestos content,
Inspection of Waste Containers
The presence of a regulatory inspector may often cause the owner/operator to quickly and
vastly improve wetting procedures. However, inspectors can determine typical wetting
procedures by evaluating the contents of waste containers found both inside containment and
in other waste storage areas. The following protocol should be followed:
• Randomly select bags or other containers for inspection.
• Lift the bag or container to assess its overall weight. A bag of dry ACWM
can generally be lifted easily with one hand whereas a bag filled with well-
wetted material is substantially heavier.
If waste material is contained in a transparent bag:
• Visually inspect the contents of the unopened bag for evidence of moisture
(e.g., water droplets, water in the bottom of the bag, change in cdlor of the
material due to the presence of water, etc.).
• Without opening the bag, squeeze chunks of debris to ascertain whether
moisture droplets are emitted.
Note: Squeezing cannot be used to determine adequate wetting of materials
(such as ceiling tiles, floor tiles, or premolded TSI, etc.) which do not readily
absorb a wetting agent. For these materials, determine whether exposed
surfaces have been adequately wetted, document information and take
samples as needed.
• If the material appears dry or not penetrated with water or a wetting agent,
open the bag using steps described below and collect a bulk sample (using the
procedures specified in Section 8) of each type of suspect material in the bag.
Note, and document in the log book, variations in size, patterns, colors, and
textures of adequately and inadequately wetted materials seen.
If the waste material is contained in an opaque bag or other container, or if the material in
a transparent bag appears to be inadequately wetted:
• Carefully open the bag or other container (in the containment area, if
possible). If there is no containment area, a glove bag may be used to enclose
the container prior to opening it. This will minimize the risk of fiber release.
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• Examine the contents of the container as noted above for evidence of moisture,
document findings, take samples as needed, and carefully reseal the opened
container.
• If inadequately wetted ACM stored outside is discovered upon arrival at a
worksite, don protective gear and take samples before continuing the on-site
inspection.
Evidence Collection
The following specific evidence should be collected by an inspector during an active removal
inspection:
• Measurements of area, linear footage or volume of suspect ACM to accurately
document that 260/160/35 is exceeded. (Document technique of
measurement - tape measure, premeasured pace, etc.)
* Samples of material which were stated in the notification to be ACM.
Collect these samples using techniques described in Section 8 and document (using sketches
and photographs) their specific locations within the facility. >
If the owner/operator later states that the notification was misrepresentative (i.e., that the
material removed did not contain asbestos), these samples may provide legal evidence to
the contrary.
• Samples of suspect ACM (collected using techniques described in Section 8)
to document violations of the work practice standards. Document specific
, sample location using photographs and sketches.
• Samples of suspect ACM (friable, nonfriable which has become friable during
the demolition or renovation operation, and nonfriable ACM that the inspector
feels will be disturbed during the demolition or renovation) which were not
listed by the owner/operator in the notification.
Collect these samples using techniques described in Section 8 and document (using sketches
and photographs) their specific locations within the facility.
Disposal Techniques (61.150)
Although several waste disposal options are delineated by the asbestos NESHAP, most
owner/operators choose to remove ACM and package it for off-site transport. During an
active removal inspection inspectors should determine whether:
• There are visible emissions to the outside air during the collection, packaging,
or on-site transport of any ACWM (The inspector must determine the source
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of the visible emission and sample the source to verify that the emission
contains asbestos material. It is not necessary to be a, certified visible
emission observer to legally document whether a visible emission exists. The
presence of asbestos in such dust constitutes a violation of 61.150.);
• ACWM is being adequately wetted;
• ACWM generated during ordered demolitions or demolitions where ACM is
not required to be removed is kept adequately wet at all times after demolition
and kept wet during handling and loading for transport to a disposal site.
(Sealing in leak-tight containers or wrapping is not required - may be
transported and disposed of in bulk)
• Leak-tight containers or wrapping are being used to package removed ACM;
• Containers or wrappings exhibit the required OSHA warning label;
• Containerized ACM destined for off-site transport is labeled with the name of
the waste generator and the location at which the waste was generated;
• Vehicles used to transport ACWM are appropriately marked during loading
and unloading; and
• The ACWM will be deposited at an appropriate waste disposal site as soon
as is practical (excluding removed or stripped Category I ACWM in good
condition). Inspectors should verify ACWM destination information reported
in the notification. This information can provide the inspector with an
opportunity to visit a disposal site and conduct an inspection while deposition
of ACWM is taking place.
Waste Shipment Records [61.150 (d)]
Asbestos inspectors should examine whatever on-site records exist to ensure that the
owner/operator is complying with the waste shipment recordkeeping requirements of the
asbestos NESHAP.
TSCA Compliance
During the inspection, the inspector can also check for any evidence of apparent violations of
the AHERA and WPR regulations. The appropriate asbestos program personnel should be
contacted and informed about the possible violations noted. AHERA regulations apply to
asbestos abatement work conducted at schools. WPR regulations apply to State and local
government employees who take part in asbestos abatement work and are not covered by
the OSHA asbestos standard. Abbreviated checklists for the AHERA and WPR regulations
are included in Appendix C.
Exiting the Removal Area
The inspector will leave the active removal area when satisfied that the operation complies
with the requirements of the asbestos NESHAP or has collected sufficient evidence
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(observations, samples, photographs, owner/operator admissions) if potential violations
exist. It is essential that the inspector properly decontaminate himself/herself and any items
taken into the active removal area that will not be disposed of as asbestos contaminated
waste. The following procedures summarize the detailed decontamination steps listed in
Section 3.
• If a 3-stage decontamination unit is available, enter the dirty room, remove
disposable clothes (keeping the respirator on), move into the shower area,
quickly rinse head region and remove respirator. Dispose of filter cartridges.
Finish showering and dry off using disposable towels. Move to clean room to
dress in street clothes (see Section 3 for more specific decontamination
procedures).
• If there is no three-stage decontamination unit, spray with water and then
remove the outer layer of the doubled disposable coveralls just prior to
exiting. Spray and remove the second layer just after exiting. Wet wipes can
be used to clean potential asbestos fibers from the respirator and face area
before removing the respirator and disposing of cartridges (see Section 3 for
more specific decontamination procedures).
Inspectors should record observations and fill out chain-of-custody forms immediately upon
departing from the contaminated area.
POST-REMOVAL INSPECTION
Inspection of a facility after asbestos removal has been completed is the least preferred
option; any improper removal would already have released fibers to the ambient air.
However, an inspector arriving onsite after removal is complete can still gather useful
information.
Decisions regarding protective clothing and respiratory protection will be left to the
discretion of the inspector. As a general rule, if an inspector has any doubt concerning
whether the area is cleared for reoccupancy, he/she should treat the inspection as an active
removal situation and follow the suit-up procedures in Section 3.
The following inspection procedures apply to most post-removal inspections relative to
enforceable paragraphs of the asbestos NESHAP.
Applicability [61.145(a)]
Interview the owner/operator to ascertain where ACM was removed from the
facility and establish (measure or pace off) that the minimum quantity of
260/160/35 was exceeded.
Verify that the site meets the definition of a facility under 61.141 "any
institutional, commercial or industrial structure, installation, or building
(excluding apartment buildings having no more than four dwelling units)."
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Determine whether the activity was classified as a demolition or renovation
based on the definitions under 61.141.
Notification [61.145(b)]
Verify that a notification was submitted and that the information conveyed
verbally during the inspection agrees with the information provided in the
notification.
Emission Controls [61.145 (c)]
Verify that all ACM [excluding ACM described 61.145 (c)(l)(i-iv)] has been
removed from a facility scheduled for complete demolition. Take samples as
needed.
Verify that all ACM, including Category I and Category II nonfriable ACM,
has been removed from a facility scheduled to be demolished by intentional
burning. Take samples as needed.
• Visually inspect all areas from which ACM is said to have been removed to
verify that it has been done. No dust or debris should be left behind. Take
samples as needed.
• Visually inspect other areas of the facility that will be disturbed during the
impending demolition or renovation to determine if any other suspect ACM
exists. Determine if 260/160/35 is exceeded and take samples as necessary,
in accordance with procedures described in Section 8.
Waste Disposal (61.150)
If waste is still stored onsite at the time of a post-removal inspection, the inspector should
inspect the containers to determine compliance with the 61.150. Use safety equipment and
procedures detailed in Section 3 for active removal situations.
• Inspect for leaking or ripped bags, or other evidence of asbestos contamination.
• Lift bags or containers to assess their overall weight. A bag of dry ACWM
can generally be lifted easily with one hand whereas a bag filled with well-
wetted material is substantially heavier.
If waste material is contained in a transparent bag:
• Visually inspect the contents of the unopened bag for evidence of moisture
(e.g., water droplets, water in the bottom of the bag, change in color of the
material due to the presence of water, etc.).
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• Without opening the bag, squeeze chunks of debris to ascertain whether
moisture droplets are emitted.
Note: Squeezing cannot be used to determine adequate wetting of materials
(such as ceiling tiles, floor tiles, or premolded TSI, etc.) which do not readily
absorb a wetting agent. For these materials, determine whether exposed
surfaces have been adequately wetted, document information and take
samples as needed.
• If the material appears dry or not penetrated with water or a wetting agent,
open the bag using steps described below and collect a bulk sample (using the
procedures specified in Section 8) of each type of suspect material in the bag.
Note, and document in the log book, variations is size, patterns, colors, and
textures of adequately and inadequately wetted materials seen.
If the waste material is contained in an opaque bag or other container, or if the material in
a transparent bag appears to be inadequately wetted:
• Carefully open the bag or other container (in the containment area, if
possible). If there is no containment area, a glove bag may be used to enclose
the container prior to opening it. This will minimize the risk of fiber release.
• Examine the contents of the container (as noted above) for evidence of
moisture, document findings, take samples as needed, and carefully reseal the
opened container.
Evidence Collection
In addition to the general information conveyed by the owner/operator, the following specific
evidence should be collected by an inspector during a post-removal inspection:
• Samples of any suspect ACM left behind as dust, debris or residue;
• Measurements of area, length, or volume where ACM was removed, in order
to establish that the facility met the applicability requirements; and
• Samples of any dry ACM from the storage area if still available. Sketches and
photographs are advisable to illustrate specific locations of samples.
POST-INSPECTION INTERVIEW
When the inspection is complete, the asbestos NESHAP inspector should conduct a quick,
concise wrap-up interview to obtain any additional information necessary to complete the
checklist and to convey to the owner/operator the findings of the inspection. However,
conclusive compliance determinations cannot be made by the inspector in the field. In
situations where potential violations are identified, it is important to document any response
actions of the owner/operator observed or verbally communicated. This information becomes
strong evidence in situations where a follow-up inspection is conducted and similar
violations are identified.
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If the inspection is of a school and subject to the AHERA regulations, the inspector should
ask if the workers are accredited and check the accreditation certificate of the supervisory
personnel onsite. If the workers are covered by the WPR, the inspector can ask if the
environmental monitoring records have been maintained and if the workers' medical records
have been maintained. Any apparent violations of AHERA or the WPR should be referred to
the appropriate Federal or state agency.
EXIT OBSERVATIONS
As the inspector departs a site^ he/she should resurvey the site and complete any site
drawings not completed prior to or during the inspection. If possible, the inspector should
observe the waste storage area and other areas to determine if any significant changes
occurred since the inspection began. Any changes should be noted as they help to assess ,
whether the inspection observations are representative of operations when a regulatory
inspector is not present. Finally, chain-of-custody forms for any samples collected should be
completed. • . .
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SECTION 6
POST-INSPECTION
No matter how blatant a violation or how thorough an inspection, a case cannot be supported
Without proper records and documentation. It is imperative that each delegated program
office set up and implement a system whereby supporting documentation is properly taken,
controlled, and maintained. Generated reports, checklists and sample analysis results must
be clear and concise and accurately support the dbservations of the inspector. Finally, all
records must be organized, properly maintained, and readily available for future access. The
purpose of this section is to outline inspection followup procedures and general guidance to
aid in the process of document control, report preparation, and record maintenance and
storage.
INSPECTION FOLLOWUP
Once an inspection is completed, a decision will be made regarding how many and how
quickly samples should be analyzed. When there are serious violations it may be necessary
to have analysis completed within a day or less. Arrangements should be made ahead of
time with an in-house laboratory or a commercial laboratory to facilitate such a request.
Those samples which will provide the greatest proof of asbestos NESHAP violations should
be analyzed; other samples taken need not be. However, samples should not be destroyed;
they should be stored in a locked facility pending future litigation.
When violations are suspected (Remember, a violation cannot be confirmed until samples
are analyzed.), the inspector should brief his/her supervisor and/or attorney to initiate the
decision-making process concerning the (1) need for reinspection; (2) need for information
request under Section 114 of the CAA; (3) enforcement options available, etc.
Another facility inspection followup item to be considered is a landfill inspection. Because
the asbestos NESHAP regulates friable ACM from "cradle to grave", an inspector may
consider inspecting a landfill to determine whether the waste from a facility was properly
disposed of as indicated in the notification. Inspection of landfills may also be conducted
independently of tracking waste from a specific facility. This will be discussed in Section 7.
DOCUMENTATION
Checklists and reports generated by an inspector may be the basis of affidavits for civil or
criminal enforcement actions. They must be precise and legible. NESHAP inspections
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ultimately involve the actions of several people: one or more inspectors, laboratory
personnel, administrative, legal and clerical staff. Information must be collected and
maintained within a system that allows for processing and expedient access. Additionally,
this system must protect all records or potential evidence that may be required for
enforcement actions. It is imperative that a comprehensive document control system be
implemented during all phases of an investigation.
Document Control
The purpose of document control is to make certain that all project documents issued or
generated during a NESHAP investigation are accounted for when the project is complete. A
system which accounts for all investigation documents should include serialized document
numbering, document inventory procedures, and an evidentiary filing system. Examples of
accountable documents include:
• inspection checklists;
• . field logbooks; • . . ..
• • sample data sheets;
• sample tags;
• chain-of-custody records and seals;
• laboratory notebook and reports; ,
• internal memoranda;
• phone memoranda;
• external written communications;
••'• photographs, drawings, maps; and
• quality assurance plans;.
Under ideal circumstances, each document is given a serialized number which is listed in a
Document Inventory Logbook.
Corrections to Documentation
All documents generated during the course of an inspection are considered part of the
permanent evidentiary file and should not be destroyed or thrown away> even if they become
illegible or if inaccuracies are discovered. This is particularly important if serialized
documents are used, for any gaps in the numbering system will be noted by legal staff.
Errors in documents should be noted. If a document requires replacement, it should be noted
or corrections made to the original document. Corrections may be made by simply crossing a
line through the error, entering the correct information, and initialing and dating it.
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If documents are lost or missing (a sample tag lost in shipment, or a chain-of-custody record
improperly prepared), a written statement should be prepared detailing the circumstances.
"The statement should include all pertinent available information that may be used to support
an observation or sample. This statement becomes part of the permanent case file.
RECORDS MAINTENANCE
Records need to be properly filed and maintained to allow for quick and easy access of all
case documents. Records also need to be retained under storage conditions which minimize
deterioration or loss of data files. With the current widespread use of micro-and personal
computers, data management capabilities have improved handling, tracking, and manipulation
of large quantities of information. However, these systems do not replace physical evidence
such as tags, forms, and checklists. They do alleviate tedious record searching and sorting
tasks and can provide quick and easy retrieval of information and cross-referencing capability.
Regardless of whether computer-based data management systems or manual procedures are
used, responsible individuals within a program office must be able to access and trace the
destination of project files. The inspector must be familiar with and use all filing procedures.
Files should be signed out in such a manner as to indicate to others that the file is in the
possession of an inspector. When returning the file to storage, the inspector should take
care to return it to its proper place for future easy access.
INSPECTION REPORTS
Inspection reports and checklists clearly and concisely document observations and physical
evidence from the inspection. A comprehensive and properly completed checklist can serve
as the inspection report. A recommended inspection checklist that serves this purpose is
included as Appendix C. An inspector may supplement the checklist with additional
information such as:
• Inspector observations;
• Owner/operator admissions;
• Description of evidence collected (including techniques used); and
• Owner/operator response actions.
In cases where violations are observed an inspector should supplement the inspection
checklist with an inspection report containing the above information. It may take several
years before a lawsuit is filed so a detailed narrative of the inspection will prove beneficial in
refreshing the inspector's memory and will provide strong evidence for the case.
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SECTION 7
LANDFILL INSPECTIONS
The asbestos NESHAP provides emission control and work practice requirements from the
time the asbestos is disturbed (potentially releasing airborne fibers) until it is interred in a
landfill or converted into asbestos-free materials. However, since no conversion operations
are currently licensed, demolition/renovation ACWM typically is transported to landfills for
disposal. Regulatory agents should be prepared to conduct inspections of such sites and
should follow the personal protective equipment and bulk sampling procedure
recommendations found in the EHSD Health and Safety Guidelines for EPA Asbestos
Inspectors and in Sections 3 and 8 of this manual.
It is important to recognize that both the owner or operator of a demolition or renovation
operation and the owner or operator of the active waste disposal site where ACWM is
brought are required to meet waste disposal provisions of the asbestos NESHAP.
Regulatory agents conducting inspections at demolition or renovation sites will determine
generator compliance with the Standard for waste disposal for..., demolition, renovation,
...operations, 61.150. These inspection activities have already been described in Section 5.
This section details the procedures an inspector should use to ascertain whether a landfill
owner or operator is in compliance with 61.154, Standard for active waste disposal sites. A
sample inspection form for landfills is included in Appendix C.
REVIEW PERMIT CONDITIONS
Upon entering the site, contact the site operator to determine whether the landfill has a
State-required permit to operate. If it does, check the expiration date of the permit and
record pertinent information on the inspection form. (Although permits are not specifically
required under NESHAP, most States have a permitting process for landfills.)
Verify that the landfill meets one of the following requirements of 61.154:
• No visible emissions are produced. Warning signs must be posted and fencing
is required unless a natural barrier adequately deters access by the public.
A 6-inch cover of compacted, non-asbestos material is provided within 24
hours of the time the waste is deposited. No sign posting or fencing is
required.
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• An effective resinous or petroleum-based (other than waste oil) dust
suppressant is provided within 24 hours of the time the waste was deposited.
Warning signs must be posted and fencing is required unless a natural barrier
adequately deters access by the public.
• An alternative method previously approved by the Administrator is used.
Warning signs must be posted and fencing is required unless a natural barrier
adequately deters access by the public.
EVALUATE WASTE SHIPMENT RECORDS
For all ACWM received, the owner or operator of the active waste disposal site must
comply with the following waste shipment recordkeeping provisions of 61. 154 (e) of the
asbestos NESHAP:
• Record and maintain the following information on forms similar to that noted in
the regulation [61.154 (e)(l)]:
waste generator's name, address and telephone number;
transporter's name, address and telephone number;
quantity of ACWM received (cubic yards or meters);
presence of improperly enclosed or uncovered waste, or any ACWM not
sealed in leak-tight containers; and
date of receipt
• Send a copy of the signed waste shipment record to the waste generator as
soon as possible but no longer than 30 days after receipt of the waste [61. 154
• Attempt to reconcile differences in the amounts of ACWM received and that
recorded on the waste manifest form brought by the transporter. If the
discrepancy is not resolved within 15 days after receiving the waste,
immediately submit a discrepancy report which details the discrepancy and
attempts made to reconcile it to the governmental agency responsible for
administering the asbestos NESHAP program for the waste generator
(identified in the waste shipment record), and, if different, the governmental
agency responsible for administering the asbestos NESHAP program for the
disposal site [61.154 (e)(3)].
• Retain a copy of all records and reports required by this paragraph for at least
2 years [61.154 (e)(4)].
OTHER ACTIVE WASTE DISPOSAL SITE REQUIREMENTS
Landfill owners or operators must also comply with the following provisions of 61 . 154:
• Maintain, until closure, a map or diagram which contains the location, depth,
area, and quantity of ACWM interred in the waste disposal site.
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• Obtain written approval from the Administrator prior to conducting any activity
that disturbs deposited ACWM.
• Furnish, upon request, and make available during normal business hours for
inspection by the Administrator, all records required in 61.154.
SURVEILLANCE
In addition to determining landfill owner/operator compliance with the requirements of 61.154,
Standard for active waste disposal sites, while at the site inspectors may note a number of
other potential violations of the asbestos NESHAP. By asking the right questions and
documenting appropriate information (photographs, samples, etc.) inspectors may be able to
identify non-notifiers or determine other generator non-compliance with certain provisions of
the NESHAP regulation.
Off-loading of Suspect ACWM Unaccompanied by a Waste Manifest
Inspectors should question the origin and determine the amount of any suspect ACWM
material being offloaded which is not accompanied by a waste manifest. Document all
information obtained from the transporter and landfill owner or operator and take photographs
and samples as needed.
Attempt to determine the following:
• Has the suspect ACWM come from one or multiple sites? (For the NESHAP
regulation to be applicable, ACWM must be generated at a site, which meets
the definition of a "facility" and meets the 260/160/35 quantity requirements.)
• Is the vehicle properly marked with an asbestos hazard warning sign?
•. Is the suspect ACWM in properly labeled leak-tight containers?
• Is the suspect ACWM adequately wet?
• If the suspect ACWM is not wrapped or contained in leak-tight containers,
has it come from a facility ordered demolished by a governmental agency?
Landfill Inspection
An inspector may notice improperly containerized, inadequately wetted or unlabeled suspect
ACWM at the landfill. If a regulated amount of ACWM (260/160/35) is present, an inspector
should attempt to determine the material's origin. Inspectors should note that the asbestos
NESHAP is applicable only if the materials were generated at a "facility", as defined in the
NESHAP asbestos standard. For example, if the ACWM seen had been removed from a
residential structure involving four or fewer dwelling units, the asbestos NESHAP would not
apply. However, the disposal site may be in violation of local or state asbestos waste
disposal regulations, so the inspector should notify the appropriate authority. Inspectors
should question the landfill operator, examine records, take photographs and samples as
needed and document all information obtained.
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SECTION 8
ASBESTOS BULK SAMPLING AND ANALYSIS
The purpose of bulk sampling is to determine and document if friable material contains
regulated amounts of asbestos. Samples should be collected whenever a violation is
suspected or an enforcement action is anticipated for the results obtained serve as critical
evidence that the material in question contains asbestos and is subject to regulation.
PROTECTIVE EQUIPMENT
The EHSD Health and Safety Guidelines for EPA Asbestos Inspectors specifies personal
protective equipment to be used by EPA inspectors required to collect bulk samples under
the Asbestos In Schools rule and the NESHAP. These recommendations are summarized
below. For further details, refer to earlier sections regarding Inspector Safety.
Protective Clothing—Inspection personnel should wear the following
protective clothing when collecting bulk samples in active abatement
environments.
bathing suit;
disposable, full-body, hooded coverall (e.g., Tyvek® or equivalent);
disposable inner and outer booties;
disposable gloves; and
hard hat, safety glasses, safety shoes, and ear protection, as needed.
Inspectors collecting bulk samples in non-contaminated areas should use their professional
judgment in determining whether or not to wear protective clothing. Inspectors may choose
not to wear protective clothing when samples can be taken without any significant chance of
releasing fibers or may decide to wear disposable coveralls and shoe coverings over their
street clothes.
• Respiratory Protection—At a minimum, inspectors collecting bulk samples
should wear full-face, air-purifying respirators with HEP A filter cartridges.
These include NIOSH-approved, tight-fitting PAPRs equipped with HEPA
filters. Cartridges must be NIOSH-approved for asbestos environments.
More stringent protection should be used if necessary.
• Disposable Towels—For use after showering.
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SAMPLING EQUIPMENT
The following items are recommended for use by asbestos NESHAP inspectors:
Lightweight Carrying Case—for storage and transport of sampling materials.
Sample Containers—any dry, scalable and clean container such as a 35mm
film canister, plastic vial, or whirlpak bag.
• Water Spray Bottle—for wetting a surface prior to sampling to prevent
generation of dust (may use a surfactant).
Adhesive (Duct) Tape—to temporarily repair a sampled area, such as pipe
wrap.
Postal Tape—to seal sample containers; can be written on to identify sample.
Tools—metal tweezers, pen knife, coring device, scissors, etc.
• Wet Wipes—to clean tools between samples as well as to decontaminate
equipment, sample containers, etc., when leaving the sampling area.
• Plastic Bags—to store contaminated waste generated during the sampling
exercise. The bags should be properly sealed and disposed of as ACM. Zip-
lock bags are useful for packaging sample containers for delivery or shipment
to the laboratory.
• Documentation Material—notebook or clipboard, inspection checklist, sample
labels, chain-of-custody forms, waterproof pens, plastic sheets (overhead
transparencies).
• Spray Paint—for identification of sample sites on photographs.
The above items are considered essential and should be included in every sampling kit.
Other items such as specialty corers, hammer and chisel, and vinyl tile knives may be helpful
during the inspection. Appendix C provides a comprehensive inspection equipment checklist.
COLLECTION TECHNIQUES
The asbestos NESHAP regulation does not provide any specific recommendations for
collecting bulk samples. Procedural guidelines for sample collection can be found in the
EHSD Health and Safety Guidelines for EPA Asbestos Inspectors and in the TSCA
publications entitled Guidance for Controlling Asbestos-Containing Materials in Buildings
(purple book) and Asbestos in Buildings: Simplified Sampling Scheme for Friable Surfacing
Material (pink book). The TSCA guidelines are geared towards environments which are
neither contaminated nor disturbed, such as those encountered during asbestos school
inspections, pre-abatement inspections, and pre-demolition inspections. Asbestos
NESHAP inspectors will inspect both non-abatement situations and abatement inspections.
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Non-Abatement Inspections
Non-abatement inspections are conducted less frequently than abatement inspections,
Extensive guidance is available through the TSCA Asbestos-in-Schools program. The most
direct sources of information on non-abatement inspections are the two references cited
above.
Abatement Inspections
The samples collected during active abatement inspections usually include materials which
have been stripped, removed or still in place. The environments in which these samples are
collected are usually not conducive to formal random sampling approaches such as those
used during pre-abatement and TSCA inspections. The representativeness of bulk samples
is usually based on the judgment of the inspector. Because the goal of collecting bulk
samples is to determine and document whether materials associated with a violation contain
greater than 1 percent asbestos, this subjective approach is warranted and appropriate. This
approach does not exempt the inspector from following some general rules when collecting
samples, including: . ,
• Identify homogeneous thermal system insulation, surfacing and miscellaneous
materials.
• Wear proper safety equipment, including disposable coveralls, overshoe boots,
gloves and a properly selected respirator. A hard hat, safety shoes, protective
glasses and ear protection may also be necessary.
• Collect samples of materials where a violation or suspected violation is
observed.
Understand that different types of friable ACM may be removed at the same
abatement project. Collect representative samples of each different type of
suspect material associated with a violation or suspected violation.
• Collect multiple samples if possible. A minimum of three samples should be
taken from each homogeneous area of suspect material encountered.
• Collect a complete core or cross-section of the material.
• Spray the area to be sampled with a water mist or encapsulant mist to
minimize fiber release. This is done primarily to reduce inspector exposure,
(If the material is dry and the inspector believes there is a wetting violation,
the field notes should reflect the dry sample and the inspector should note that
he/she wet the sample prior to collecting it).
Use sampling equipment listed in Appendix C checklist.
After sampling is completed, wipe the outside of the container with a wet wipe
or damp cloth. Wipe tools between sampling points.
• Record a unique I.D. number on a label and affix to the container. Tape the
label to prevent it from peeling off and tape the lid shut.
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• Never reuse sample containers.
• Photograph the sampling location(s). If necessary, take a second photograph
with a reference point. The inspector can also use bright spray paint to
indicate the sampling point. . ,
• Make a drawing of the inspection site, noting where samples and photographs
were taken. Indicate angles of photographs and written descriptions of
materials sampled.
• Complete all documentation including checklist entries and chain-of-rcustody
form. A sample chain-of-custody form is shown in Figure 8-1. Samples must
be secured if more than one inspection is planned.
• Dispose of all sampling waste as asbestos-containing material.
• Not all samples must be analyzed. It is advisable to collect extra samples and
only analyze enough to satisfy the evidence requirements. Samples may be
analyzed at a later time if necessary.
BULK SAMPLE ANALYSIS
Bulk sample analysis determines the quantity (percent by area/volume), as well as the
specific type of asbestos for each sampled area. The NESHAP standard contains no specific
method for the analysis of bulk samples for asbestos. However, in no case should asbestos
field test kits be used to confirm the presence or absence of asbestos. The solutions
deteriorate with age and may indicate false negative results.
EPA's policy has been to adopt the procedure published in 40 CFR Part 763 Appendix A to
Subpart F entitled Interim Method for the Determination of Asbestos in Bulk Insulation
Samples. In this document polarized light microscope (PLM) is recommended for the
analysis of bulk samples. Based on optical crystallographic properties, the PLM method
must be performed by a microscopist with formal training in optical mineralogy. PLM gives a
qualitative differentiation between asbestos and non-asbestos fibers along with a
quantitative estimate of percent asbestos by area/volume.
Results from PLM analysis are interpreted as follows:
• If one or more samples from a homogeneous suspect ACM contains greater
than 1 percent asbestos, the entire material is considered to contain asbestos.
• If a doubt exists, or if further information is needed, samples should be
reanalyzed or additional samples collected.
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QUALITY ASSURANCE
Sample I.D. Numbers
Assign a unique sample I.D. number to each sample. A non-systematic (random) numbering
scheme is recommended, for this helps eliminate a microscopist's potential bias.. For
example, if a numbering system indicates that seven samples are from the same room, a
microscopist may not be objective about each individual sample.
Chain-of-Custody Forms
In order to ensure that the samples are properly identified and tracked from the point of
sample collection through receipt by the analytical laboratory, EPA requires that a chain-of-
custody (COC) form be completed and accompany the samples. Figure 17-1 is a sample
chain-of-custody form. It contains essential items such as identification number, date, name
of sampler and signature of recipient. Some laboratories request that COC forms they supply
be used. These forms must be completed in the field and accompany the samples when they
leave possession of the inspector. Inspectors should fill in a new COC form if mistakes have
been made (i.e., incorrect information transferred from sample containers to GOC form).
Quality Control (QC) Samples
Collection of side-by-side duplicates are recommended at the rate of 1 QC sample/building :
or 1 QC sample/20 samples, whichever is larger. The laboratory should analyze duplicates -
without knowing which are the QC samples. The results of duplicates are compared to
determine sampling and analytical precision. For additional QC, split side-by-side
duplicates with a second laboratory to confirm the results of the first analyses. Any
disagreements generated by the QC effort must be investigated; samples should be
reanalyzed, or additional samples collected.
Accredited Laboratories
To diminish the likelihood of challenges to the accuracy of laboratory results during litigation,
it is suggested that only accredited laboratories be used for the analysis of bulk samples (per
AHERA 40 CFR Part 763, Subpart E). A listing of accredited laboratories published by EPA
twice a year is available through the EPA Regional Asbestos Coordinator or the TSCA
Hotline (202)-554-1404.
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u.
oo
8-5
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APPENDIX A
NATIONAL EMISSION STANDARDS FOR HAZARDOUS AIR
POLLUTANTS
(SUBPART M - NATIONAL EMISSION STANDARD FOR
ASBESTOS)
A-l
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A-2
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Tuesday
November 20, 1990
Part III
Environmental
Protection Agency
40 CFR Part 61
National Emission Standards for
Hazardous Air Pollutants; Asbestos
NESHAP Revision; Final Rule
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48406
Federal Register / Vol. 55. No. 224 / Tuesday. [ November20^1990 /Rules and Regulations
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 61
IAD-FRL-3814-7]
RIN 2060-AC57
National Emission Standards for
Hazardous Air Pollutants; Asbestos
NESHAP Revision
AGENCY: Environmental Protection
Agency.
ACTION: Final rule.
SUMMARY: This Federal Register notice
promulgates rules under section 112 of
the Clean Air Act (CAA) for asbestos
emissions and is based on the
Administrator's determination that
asbestos presents a significant risk to
human health as a result of air
emissions from one or more source
categories and is therefore a hazardous
air pollutant (see 36 FR 3031, March 31,
1971). The purpose of the revisions
promulgated today is to enhance
enforcement and promote compliance
with the current standard without
altering the stringency of existing
controls. On January 10,1989 the
Environmental Protection Agency (EPA
or the Agency) proposed amendments to
the asbestos National Emission
Standard for Hazardous Air Pollutants
(NESHAP) that would require control
device and fugitive emission monitoring,
recordkeeping. and reporting for
asbestos milling, manufacturing, and
fabricating operations. For planned
demolitions and renovations, revisions
to the notification requirements were
proposed, and safety was added as a
reason for exemption from the use of
wet removal methods. Recordkeeping
requirements were proposed for
asbestos waste disposal. Clarifying
revisions to several definitions and
provisions were also proposed.
Numerous comments were received on
the proposed revisions, and today's
notice responds to those comments, and
incorporates changes as a result of those
comments.
EFFECTIVE DATE: November 20,1990.
Under section 307(b)(l) of the Clean Air
Act, judicial review of the actions taken
by this notice is available only by filing
a petition for review in the United States
Court of Appeals for the District of
Columbia Circuit within 60 Days of
today's publication of these rules. 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: Background information
document The background information
document (BID) for the promulgated
revisions may be obtained from the U.S.
EPA Library (MD-35), Research Triangle
Park, North Carolina, 27711, telephone
no. (919) 541-2777. Please refer to
"Background Information for
Promulgated Asbestos NESHAP
Revisions," (Publication No. EPA 450/3-
90/017). The BID contains a summary of
all the public comments made on the
proposed revisions and the
Administrator's responses to the
comments.
Dockets. Docket No. A-88-28 contains
supporting information used in
developing the final revisions to the
asbestos NESHAP and is available for
public inspection and copying between
8:30 a.m. and 3:30 p.m., Monday through
Friday, at EPA's Air Docket (LE-131),
Room M-1500,1st Floor, Waterside
Mall, 401 M Street, SW., Washington,
DC 20460. A reasonable fee may be
charged for copying.
FOR FURTHER INFORMATION CONTACT:
For further information and official
interpretations of applicability,
compliance requirements, and reporting
aspects of the promulgated revisions,
contact the appropriate Regional, State
or local office contact as listed in 40
CFR 61.04. For further information on
the background of the regulatory
decisions in the promulated revisions,
contact Mr. Sims Roy, Standards
Development Branch, Emission
Standards Division (MD-13), U.S.
Environmental Protection Agency,
Research Triangle Park, North Carolina
27711. telephone no. (919) 541-5283. For
further information on the technical
aspects of the promulgated revisions,
contact Mr. Ronald Myers, Industrial
Studies Branch, U.S. Environmental
Protection Agency, Research Triangle
Park, North Carolina 27711, telephone
no. (919) 541-5407.
SUPPLEMENTARY INFORMATION:
I. The Standards
The promulgated revisions implement
section 112 of the Clean Air Act (CAA)
and are based on the Administrator's
determination that asbestos presents a
significant risk to human health u •
result of air emissions from one or more
source categories and is therefore a
hazardous air pollutant (see 36 FR 3031
(March 31,1971)). The revisions
promulgated today amend the asbestos
NESHAP to enhance enforcement and
promote compliance with the current
standard without altering the stringency
of existing controls.
MiUing. Manufacturing and Fabricating '
The revisions to the standards require j
asbestos milling, manufacturing and
fabricating sources to conduct daily
monitoring for visible emissions. While
the absence of visible emissions does
not mean there are no asbestos fibers
being emitted, the presence of visible
emissions does indicate a serious
control device malfunction. Because
visible emissions monitoring is intended
primarily to detect serious control
device malfunctions, weekly inspections
of air cleaning devices are also required.
In addition, the revisions promulgated
require these sources to maintain
records of the results of visible
emissions monitoring and control device
inspections, and to submit quarterly a
copy of visible emissions monitoring
records of visible emissions occurred
during the quarter. The revision requires
owners or operators who install fabric
filters after the effective date of this rule
to provide for easy inspection of the
bags.
Demolition and Renovation
The revisions require the owner or
operator of a demolition or renovation
activity to provide additional
information in notifications, and to
renotify EPA if the start date of a
demolition or renovation changes from
that given in the original notification.
Another revision requires owners or
operators to give a 10-day notice for
renovations. A person trained in the
• provisions of this rule and the means of
complying with them is required to be
on site when asbestos-containing
material (ACM) is stripped, removed or
disturbed. When wetting is suspended
due to freezing temperatures, owners or
operators are required to measure air
temperature in the work area three
times during the workday and keep
daily temperature records for at least 2
years. The revisions also clarify EPA's
position regarding the handling and
treatment of nonfriable asbestos
materials such as resilient floor
covering, including vinyl asbestos floor
tile, and roofing material.
Waste Disposal
The revisions require vehicles used to
transport asbestos-containing waste
material to be marked with the sign
prescribed by the Occupational Safety
and Health Administration during
loading and unloading to warn people of
the presence of asbestos. For all
asbestos-containing waste material
transported offsite, the revisions require
that a waste shipment record (WSR) be
provided to the waste site owner or
operator at the time that the waste is
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Federal Register / Vol. 5S. No. 224 / Tuesday. November 20. 1990 / Rules and Regulations 4S407
delivered to the waste disposal site. If a
copy of the WSR signed by the waste
Bite owner or operator is not received
within 35 days of the date the waste was
accepted by the initial transporter, the
revisions direct the waste generator to
contact the transporter and/or disposal
site owner or operator to determine the
status of the waste shipment. The
revisions further direct the waste
generator to submit an exception report
to EPA if a signed copy of the WSR is
not received within 45 days of the date
the waste was accepted by the initial
transporter. Labels are required on
containers of asbestos-containing waste
material from manufacturing,
fabricating, demolition and renovation
activities indicating the name of the
waste generator and the location where
the waste was generated.
Inactive Waste Disposal Sites
The revisions require the owner or
operator of an inactive waste disposal
site for a milling, manufacturing or
fabricating operation to notify the
Administrator in writing prior to
excavating or otherwise disturbing
asbestos-containing waste material that
has been deposited at the disposal site
and to record on the deed to the
property a notation that will inform
future purchasers of the property that it
has been used for the disposal of
asbestos-containing waste material and
that the survey plot and record of the
location and quantity of such waste
material are on file with the
Administrator.
Active Waste Disposal Sites
The revisions require the owner or
operator of an active waste disposal site
to maintain WSRs and report in writing
the receipt of a significant amount of
improperly enclosed or uncovered Waste
to EPA by the following working day.
The owner or operator of an active
waste disposal site is required by the
revisions promulgated today to send a
signed copy of the WSR back to the
waste generator no more than 30 days
after receipt of the waste, to attempt to
reconcile any discrepancy between the
quantity given on the WSR and the
quantity actually received and, failing to
do so within 15 days after receiving the
waste, to report the discrepancy- and
any attempts to reconcile it to the
Administrator. The revisions
promulgated today also require the
owner or operator of an active disposal
site to maintain records of the location,
depth and area, and volume of asbestos-
containing waste material within the
disposal site on a map or diagram of the
disposal area. Upon closure, the owner
or operator must comply with all the
rules promulgated for inactive waste
disposal sites. A revision requires the
owner or operator of an active waste
disposal site to notify the Administrator
in writing prior to excavating or
otherwise disturbing asbestos-
containing waste material that has been
deposited at the disposal site and
covered.
Asbestos Conversion Processes
A section is promulgated to clarify
that operations that convert asbestos-
containing waste material into
nonasbestos (asbestos-free) material are
covered by the NESHAP. The provisions
promulgated require the owner or
operator of such an operation to obtain
prior written approval of the
Administrator to construct the facility,
and conduct a start-up performance test
using specified analytical methods and
procedures. Requirements for
continuous monitoring during and after
the initial 90 days of operation,
emissions control, maintenance of
records of test results on site, and
reports to the Administrator are also
promulgated today.
II. Environmental, Energy and Economic
Impacts
The environmental, energy, and
economic impacts of the revisions for
demolition and renovation, including
waste disposal, were estimated from
two baselines. One is full compliance
with the NESHAP, and the other is
current use of engineering controls and
work practices. Enforcement experience
indicates that many asbestos removal
operations related to demolition and the
subsequent waste disposal operations
are performed out of compliance with
the NESHAP. The lack of compliance
with the NESHAP removal provisions
leads to the improper disposal of some
waste, especially demolition waste, with
the result that emissions from the
disposal of demolition waste greatly
exceed other emissions, including
process emissions from milling,
manufacturing, and fabricating. Liability
and other considerations generally tead
the owners of buildings being renovated
to follow or even exceed the
requirements of the NESHAP. Thus, the
appropriate baseline for demolition is
current use of work practices rather
than full compliance. At asbestos
milling, manufacturing, and fabricating
facilities, the required air pollution
control devices are generally in place.
Thus, for milling, manufacturing, and
fabricating, full compliance with the
NESHAP, including the waste disposal
requirements, is assumed for the
baseline.
Few emission .measurement data exit
for asbestos sources. Thus, emissions
were estimated using engineering
methods and assumptions, which ;.
resulted in substantial uncertainty. A
detailed description of the approaches
used to estimate emissions is found,in
"Asbestos Emission Estimates for
Milling, Manufacturing, Fabricating,
Demolition, Renovation, and Waste
Disposal," which is contained in Docket
A-88-28. Estimated process emissions
under the current NESHAP at full
compliance for milling, manufacturing,
and fabricating are approximately 7,400
kg/yr. Based on current practices,
estimated emissions from the removal
activities associated with demolition
and renovation are approximately 1,300
kg/yr and estimated waste disposal
emissions from all sources are 227,000
kg/yr. If demolition and renovation were
in full compliance, estimated emissions
from asbestos removal activities''
associated with demolition and
renovation would be about 700 kg/yr.
Estimated emissions from waste
disposal, assuming full compliance with
the NESHAP by all sources, would be
about 600 kg/yr..
The costs of the revisions are
expected to be small relative to normal
operating costs for these industries. The
revisions are intended to promote .
compliance and enhance enforceability.
Small additional costs are associated
with the recordkeeping and reporting
requirements of the, revisions. Economic
impacts of the promulgated alternatives
are expected to be minimal. Adverse
impacts of the promulgated revisions on
water, noise, and energy were
considered. Due to the nature of the;
revisions, no significant adveVse'impacts
on water, noise, or energy are
anticipated. . ,
m. Public Participation
The revisions were proposed and
published in the Federal Register on
January 10.1989 (54 FR 912). The
preamble to the proposed standards
revisions,noted the availability in the
docket of the supporting information
used in developing the proposed,,
revisions. Public comments were
solicited at the time of proposal.
To provide interested persons the
opportunity for oral presentation of
data, views,'or arguments concerning
the proposed revisions, a public hearing
was held on February 8,1989, at,
Research Triangle Park, North Carolina.
The hearing was open to the public, and
6 persons presented comments.
The public comment period specified
in the Federal Register notice was from
January 10,1989 to March 7,1939, Qne
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48408 Federal Register / Vol. 55. No. 224 / Tuesday. November 20. 1990 / Rules and Regulations
hundred comment letters were received
in response to the Federal Register
proposal. The comments have been
carefully considered and, where
determined to be appropriate by the
Administrator, changes have been made
to the proposed revisions.
IV. Significant Comments and Changes
to the Proposed Revisions
Comments on the proposed revisions
were received from industry, trade
associations and regulatory agencies. A
detailed discussion of these comments
and responses can be found in the
promulgation BID, which is referred to in
the ADDRESSES section of this
preamble. The comments and responses
summarized in the BID serve as the
basis for the changes that have been
made to the revisions between proposal
and promulgation. The major comments
and responses are summarized in this
preamble. Most of the comment letters
contained multiple comments.
Significant comments have been divided
into the following areas: demolition and
renovation, and waste disposal.
Demolition and Renovation
Nonfriable ACM
Comment: Several commenters argued
that the rule should be modified to
clarify that certain products are
nonfriable and. therefore, not regulated.
Asbestos cement (A/C) products,
including transits and exterior shingles,
should be included among nonfriable
products according to commenters IV-
D-49. IV-D-72. and IV-D-93. Asbestos-
containing flooring products, such as tile
and sheet vinyl flooring, were
considered by several commenters (IV-
D-15. IV-D-47. IV-D-48. IV-D-55, IV-
D-84. and IV-D-95) to always be
nonfriable and exempt from the rule,
with the exception of flooring that was
being sanded (IV-D-47, IV-D-48).
Another commenter, IV-D-48, in
reference to asbestos roofing products,
argued that there is no basis in the
record for saying that severely
weathered asphaltic material could
become brittle. Commenters IV-D-21,
IV-D-3I. IV-D-48. IV-D-49. and IV-D-
93 recommended that the rule be
clarified to exempt all nonfriable
materials as the rule is currently
understood. Commenter IV-D-93 argued
that in present day ACM, the asbestos
fibers are locked in cement or
bituminous or resinous binders and that
the materials can be removed and
disposed of without any significant
release to the environment.
Response: In 1973 when the asbestos
NESHAP rules were first promulgated
for the demolition of buildings. EPA's
intention was to distinguish between
materials that would readily release
asbestos Fibers when damaged or
disturbed and those materials that were
unlikely to result in the release of
significant amounts of asbestos fibers.
To accomplish this, EPA labeled as
"friable" those materials that were
likely to readily release fibers. Friable
materials, when dry, could easily be
crumbled, pulverized, or reduced to
powder using hand pressure. The term
"reduced to powder" is readily
understood to mean that the affected
material is changed to a dust or powder
that can become airborne. "Pulverized"
indicates that the resulting material will .
include dust as well as a large number
of small pieces of the original material.
The term "crumbled" indicates that the
affected material is easily (i.e., using
hand pressure) broken into a large
number of small pieces. Although dust is
likely to be produced as a result of
crumbling, it is possible that there are
some types of materials that can be
crumbled without producing dust. It is
also understood that crumbling refers to
an action that occurs essentially in one
effort and not to repeated attempts to
crumble the material. For example, floor
tile in good condition can be broken by
hand into a few large pieces, but it is not
easily broken in one effort into many
small pieces. On the other hand, floor
tile that has lost its structural matrix is
in poor condition and can be broken into
many small pieces in one effort.
Later, EPA realized that, in some
instances, nonfriable materials that
were subjected to intense forces, such
as the intense mechanical forces
encountered during demolition, could be
crumbled, pulverized, or reduced to
powder. In these instances, certain
materials which had been considered
nonfriable appeared capable of
releasing significant amounts of
asbestos fibers to the atmosphere.
Examples of practices that were
observed by EPA to reduce otherwise
nonfriable asbestos material to dust
capable of becoming airborne included
the breaking of nonfriable insulation
from steel beams by repeatedly running
over the beams with a crawler tractor.
In view of the damage done to these
otherwise nonfriable materials and the
resulting increased potential for fiber
release, these and other similar
practices involving nonfriable asbestos
material were considered to render
nonfriable ACM into dust capable of
becoming airborne.
As a result, EPA issued a policy
determination in 1985 regarding the
removal of nonfriable asbestos material
that was consistent with EPA's intent to
distinguish-between material that could
release significant amounts of asbestos
fibers during demolition and renovation
operations and those that would not.
This policy determination stated in
essence that any ACM, whether
originally friable or nonfriable that
become (or are likely to become)
crumbled, pulverized, or reduced to
powder are covered by the NESHAP.
Specifically, the determination stated
that
* ° * even though the regulations address
only material that is presently friable, it does
not limit itself to material that is friable at the
time of notification. Rather, if at any point
during the renovation or demolition,
additional friable asbestos material
is * * * created from nonfriable forms, then
this additional friable material becomes
subject to the regulations from the time of
creation * * *
The issuance of this determination did
not alter the intent of the NESHAP, but
was consistent with the intent of the
standard that was written to prevent
significant emissions of asbestos fibers,
The intent of the policy determination
was that it apply narrowly to specific
instances where otherwise nonfriable
materials would be damaged during
demolition or renovation to the extent
that significant amounts of asbestos
fibers would be released to the
atmosphere. A statement in the
determination to the effect that some
nonfriable materials may remain
nonfriable throughout demolition and
renovation is evidence that this
determination was intended to be
narrowly interpreted and not used to
require removal of all nonfriable
materials. For example, materials such
as resilient floor covering, asphalt
roofing products, packings, and gaskets
would rarely, if ever, need to be
removed because, even when broken or
damaged, they would not release
significant amounts of asbestos fibers.
But, just as it is important to recognize
that some nonfriable materials do not
have to be removed prior to demolition,
it is also important to recognize that
some nonfriable materials should be
removed prior to demolition if, as a
result of the forces of demolition,
nonfriable material is likely to become
crumbled, pulverized, or otherwise
reduced to powder. For example, the
A/C siding on a building that is to be
demolished using a wrecking ball is very
likely to be crumbled or pulverized with
increased potential for the release of
significant levels of asbestos fibers.
Such material in this instance should be
removed prior to demolition.
Since this policy determination was
made, there has been some confusion in
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Federal Register / Vol. 55, No. 224 / Tuesday. November 20.*g90 / jfejg3_ °nj^
its application. As a result, contractors
operating in more than one enforcement
jurisdiction have encountered different
•interpretations for similar demolition
operations. For example, theie havs
been instances in which contractors are
required, prior to demolition, to remove
floor tiie in one enforcement jurisdiction
but not in another. Contractors and/or
building owners and operators are
unsure as to what materials must be
removed and what materials can be left
in place and are often hesitant to
proceed without,a ruling from EPA,
which can involve significant delays.
As a consequence, EPA received a
number of requests from State and
regional enforcement agencies to clarify
what is required under the NESHAP in
dealing with nonfriabie materials since
the 1985 policy determination was
issued. In response to these requests, a
darification of the nonfriabie issue was
included in the revisions proposed on
January 10,1989. These revisions were
intended to clarify the intent of the
original rule. Basically, EPA stated in
the January 10,1989, Federal Register
notice that certain nonfriabie materials,
such cs floor tiie, roofing products, and
packings and gaskets that are in good
condition, can be left in buildings being
demolished because fiber release from
these materials, even if the materials are
damaged, is relatively small compared
to the fiber release from friable
materials. Other nonfriabie products
such as A/C products have e greater
potential to release asbestos fibers
when heavily damaged and may have to
be removed prior to demolition.
In response to the revisions proposed
on January 10,1989, numerous .
comments were submitted to EPA, Many
of the commenters argued that EPA was
attempting to regulate nonfriabie
materials, which were explicitly
exempted in previous asbestos NESHAP
rulemakings. Many comments stated
that the proposed revisions did not help
to clarify EPA's position on nonfriabie
material and may have made matters
more confusing.
In responding to the comments, a
literature survey was conducted to
determine if it was possible to quantify
the fiber release potential of nonfriabie
"materials when they are damaged
during demolition. All of the available
'data on fiber release from floor tile,
roofing products, gaskets, packings, and
A/C products was reviewed. In some
• instances,.the fiber release data were
measured during actual removal
operations, while other data were from
simulated removal activities in
laboratory settings. For the materials
evaluated, the potential for fiber release
appeared minimal and substantially
lower than for friable materials. These
findings, while uncertain, support EPA's
original argument that there is a basis
for making a distinction between
materials that readily release fibers and
those that do not.
As a result of the comments received
on this issue and the additional
information gathered in response to
comments, EPA has been able to
compile a list of nonfriabie ACM that,
under normal conditions, do not have to
be removed prior to demolition
operations. These ACM are not
expected to release significant amounts
of asbestos fibers to the outside air
during demolition and, consistent with
the intent of the existing standards, are
not being regulated. A definition of
"category I nonfriabie ACM" is added to
the final rule, which lists resilient Door
covering, roofing products, gaskets, and
packings. However, if these materials
are in poor condition and are friable or
they are subjected to sanding, grinding,
cutting, or abrading, they are to be
treated as friable asbestos material.
Category I nonfriabie ACM that is in
poor condition, but is not friable and
will not be subjected to sanding,
grinding, cutting, or abrading, is not
subject to the NESHAP. "In poor
condition" has been defined to mean
that the binding of the material is losing
its integrity as indicated by peeling,
cracking, or crumbling of the material.
Other nonfriabie materials are identified
as Category II nonfriabie ACM and have
to be evaluated on a case-by-case basis.
Category II materials that become
crumbled, pulverized, or reduced to
powder during removal or during
demolition are covered by the NESHAP.
Broken ACM
Comment- Commenters IV-D-47, IV-
D-69, IV-4J-S3, and IV-D-SS explained
that use of the term "broken" to
describe materials that are subject to
the rule is inconsistent with the current
NESHAP and expands coverage of the
NESHAP. These commenters stated that
merely breaking nonfriabie material
does not equate to fiber release. One
commenter, IV-D-TO, noted that
noncompliance may increase where
nonfriabie material is broken during
demolition or renovation, but Is not
controlled or reported according to the
NESHAP.
Response: After considering this issue,
EPA agrees with commenters that
retaining the word "broken" could be
interpreted as substantially increasing
the scope of the standard and. therefore,
has removed it from the definition. Most
nonfriabie materials can be broken
without releasing significant quantities
of airborne asbestos fibers. It is only
when the material is extensively
damaged, /.e., crumbled, pulverized, or
reduced to powder, that the potential for
significant fiber release is greatly
increased. Also, in the definitions of
"asbestos-containing waste material."
"friable asbestos material," and
elsewhere, the word "broken" is
deleted. The EPA is planning to issue
additional information in the future on
this and other aspects of the NESHAP to
help enforcement officials and the
regulated community interpret and
apply the NESHAP provisions.
Inspections
Comment Three commenters argued
that EPA should include mandatory
asbestos surveys in the rule. Commenter
IV-D-4 stated that EPA should require
surveys for all buildings prior to and
separate from any demolition or
renovation activity. Commenter IV-D-4
stated that such building surveys could
become part of a public record, making
the absence of a survey a violation.
Commenter IV-D-4 noted that, if the
survey indicated that a structure was
asbestos free, all notification and
enforcement costs would be eliminated.
Also, commenter IV-D-4 explained that
a demolition without proper notification
could be easily established later.
Commenters IV-D-57 and IV-D-84
stated that EPA's requirement to survey
buildings prior to demolition and
renovation is implicit and should be
made explicit and require that surveys
be performed by an accredited asbestos
inspector. Commenter IV-D-57 also
noted that OSHA requires a building
survey by a competent person and
stated that EPA should similarly require
a she-specific survey before demolition,
with details on how the building will be
demolished and how the asbestos will
be controlled.
Response: The EPA currently requires
that« facility be inspected for asbestos
prior to demolition or renovation. As a
result of the survey, information on the
asbestos material present, the nature of
the demolition or renovation, and
measures that will be taken to control
emissions of asbestos must be reported
to EPA. Commenters IV-D-57 and IV-
D-84 are correct in saying that it is an
implicit requirement am} that it is not
stated explicitly in the rule. The final
role expressly requires a facility survey
for asbestos prior to demolition or
renovation. Although previously
implied, this revision clarifies EPA's
position on the requirement to perform
building surveys.
The EPA also considered the
suggestion to require that surveys be
-------
performed by an "accredited" inspector
or by a "competent" person as required
by OSHA. OSHA's requirement to have
a competent person perform an
engineering survey prior to demolition
(29 CFR 1926.850} is to ensure that the
structural integrity of a structure is
sufficient to prevent worker injury
caused by the unplanned collapse of any
portion of the structure; a search for
asbestos is not required. An accredited
inspector or competent person can
perform the survey although using such
individuals is not required. Using an
accredited inspector and following the
AHERA requirements for building
inspections would help ensure a
thorough inspection of the facility as
required by the NESHAP. However, EPA
has not had this requirement before and
did not propose such a requirement. The
EPA will consider a requirement to use
accredited inspectors in future
amendments to the rule.
Commenter IV-D-4's suggestion to
require the survey of all buildings in
advance of demolition or renovation
would increase the stringency of the
regulation by requiring all owners and
operators to survey their fa'cilities for
asbestos even when no demolition or
renovation operations were planned.
The revisions proposed on January 10,
1989, are intended to clarify the rule and
promote compliance. The need for a
revision that would affect stringency
may be considered at a later date.
However, such a requirement would
require a substantial commitment of
resources to perform surveys of all
existing buildings. In addition, it is not
clear that it would always negate the
need for pre-demolition inspections in
the future.
Friable Asbestos Material—Analytical
Method
Comment: Commenters IV-D-17, IV-
D-35. and IV-D-70 supported the
proposed changes to the definition of
"friable asbestos material," specifically
the change to percent by area.
Commenter IV-D-69 argued that to go
from percent weight to percent area may
ha\*e a major impact on coverage
because there may be wide
discrepancies in the results reported by
the two methods. Commenter IV-D-69
provided an example of this, stating that
a cement-based fireproofing that
contained 30 percent asbestos by area
contained less than 1 percent by weight.
Commenter IV-D-70 felt that the
definition of "friable asbestos material"
was appropriate; however, the method
referenced should not be limited to point
counting in view of 47 FR 1982, p. 38535,
which clarifies the acceptability of "an
equivalent estimation method."
Commenter IV-D-78 stated that the
definition would require asbestos
content to be determined by
transmission electron microscopy (TEM)
analysis, and that the high cost of TEM
should be considered. Commenter IV-D-
78 recommended that the current
method continue to be accepted with
TEM specified over other methods.
Response: The revisions to the
asbestos NESHAP proposed on January
10,1989 would have changed the
definition of "friable asbestos material"
from "greater than 1 percent weight" to
"greater than 1 percent area" and
referenced a method for the analysis.
Because the method referenced actually
contains two analytical methods—
polarized light microscopy (PLM) which
currently measures area, and x-ray
diffraction (XRD) which measures
weight—EPA has modified the definition
to specify the PLM method to avoid
possible confusion as to which method
is referenced. Because the PLM point
counting method measures percent area,
the phrase "by area" is not necessary
and has been taken out of the definition.
The difference between percent area
and percent weight depends on the
density and volume of materials in the
sample. These relationships are
described in Asbestos Content in Bulk
Insulation Samples: Visual Estimates
and Weight Composition (EPA-560/5-
88-011, September 1988). However, the
fact remains that the PLM procedure
used to determine the amount of
asbestos in building materials (Interim
Method for the Determination of
Asbestos in Bulk Insulation Samples
(EPA-600/M4-82-020, December 1982)
measures percent area and not percent
weight. PLM laboratories polled at
meetings of the National Asbestos
Council admitted that percent area is
what they measure and report.
Accordingly, there should be no impact
on the standard from the proposed
change.
Point counting is not required for the
PLM procedure. An equivalent visual
estimation technique may be used.
Visual estimation may be made during
macroscopic examination with a
stereobinocular microscope, resulting in
a volumetric estimation of components.
For most samples, quantitation by
macroscopic examination is preferred.
Visual estimation may also be made
during polarized light microscopy (PLM)
examination, resulting in a projected
area estimation of components.
However, if the asbestos content is
estimated to be less than 10 percent by a
method other than point counting, such
as visual estimation, EPA has revised
the definition to require that the
determination be repeated using the
point counting technique with PLM.
Point counting, a systematic technique
for estimating concentration, may also
be useful in quality assurance activities. ]
especially in establishing a relationship
between point counts and visual
estimation procedures.
The accuracy of quantitative data
from either technique of estimation is
dependent upon several factors,
including: sample homogeneity, asbestos
content, asbestos fiber size, the
presence of interfering matrix/binder
material, and the skill of the
microsccpist. It is suggested that the
quantitation skill of the microscopis!
may be improved and concurrently
verified through the use of calibration
standards. These standards may include
well-characterized bulk materials or in-
house calibration standards formulated
by mixing known weights of commonly
available fibrous (asbestos, cellulose,
glass, etc.) and nonfibrous (plaster, clay,
vermiculite, calcium carbonate, etc.)
materials.
For some materials, experience has
shown that gravimetry (gravimetric
sample reduction) is a viable technique
to aid in the determination of asbestos
content. The technique involves the
systematic removal (and determination
of the resulting weight loss) of
interfering components, and the
concentration of asbestos in a residue,
the components of which are identified
by PLM. EPA is currently conducting
research to develop procedures that will
help determine the appropriate
analytical procedure to use based on the
type of material, the level of asbestos
present in the material, as well as other
factors.
TEM is not recommended for routine
analysis of bulk samples. TEM may be
useful in the analysis of special
materials containing finely divided
asbestos particles. The EPA is currently
reviewing procedures for analyzing bulk
samples for asbestos. Under
investigation are procedures that would
determine what analytical techniques
are appropriate for bulk samples of
different materials and different
asbestos contents. For example, a •
simple visual estimation technique may
be appropriate for the initial screening
of bulk samples of friable material. If the
visual estimation technique indicates
that the asbestos content is less than 10
percent, additional quantitation by point
counting would be required. If the
material to be analyzed contains
asbestos fibers below the limit of
resolution for PLM, which is often true
of floor tile, then analysis by TEM is
appropriate.
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Federal Register / Vol. 55, No. 224 / Tuesday. November 20. 1990 / Rules and Regulations 48411
Method of Notification
Comment: Several comments were
received on the requirement to use
certified mail for notifying EPA. Most of
the commenters objected to the use of
certified mail to the exclusion of other
methods.
Commenters IV-D-23, IV-D-24, IV-D-
25, IV-D-42, IV-D-78, IV-D-59, and IV-
D-65 considered the certified mail
requirement to be unnecessary for EPA
to achieve the intended purpose of the
notification process. It was stated that
certified mail would require a trip to a
post office, which is a deterrent to
timely notification. Commenters IV-D-
23, IV-D-24, IV-D-41. and IV-D-78
argued that notification by telefax
machine may be more practical than
certified mail. Commenters FV-D-25, IV-
D-65. and IV-D-63 suggested that
notification by telephone or telefax be
allowed, followed by a written
notification. Commenters IV-D-24, IV-
D-25, IV-D-42, and IV-D-65 observed
that regular mailing of notices works
satisfactorily and should be allowed.
Commenters IV-D-28 and IV-D-66
favored allowing the use of overnight
mail.
Commenter IV-D-59 argued that, if a
State agency has jurisdiction, the
method of notification should be left up
to the State agency.
Commenter IV-D-32 argued that all
notifications should be in writing
because telephone notification does not
result in a legally enforceable written
record. Also, commenter IV-D-32 stated
that allowing the use of telephones
would promote schedule changes for
minor reasons that would not otherwise
be considered.
Response: Several of the commenters
objected to the required use of certified
mail even though EPA proposed the use
of certified mail as a way of ensuring
that owners/operators had proof of
notification. In view of the negative
comments and after reconsidering the
issue, the EPA has decided not to
require certified mail although its use
would be allowed. The use of the regular
mail system, i.e., U.S. Postal Service, has
worked satisfactorily in the past and
will continue to be allowed. Also.
because the rule specifies postmark
"* * * or deliver * * *," private
overnight mail delivery is permitted.
Regarding the use of telephone
facsimile (fax) machines to transmit
notices, EPA does not consider these
systems to be sufficiently reliable, at
this time, to allow their use. Often, it is
difficult to know whether a transmission
was successful. Disadvantages
associated with their use include
occasional incomplete transmissions
and transmissions of poor quality
requiring faxed messages to be followed
by telephone contact to confirm proper
transmission. More than one
transmission may be required. In some
instances, quality cannot be improved.
Also, because of competing messages, it
often requires a long time before a fax
can be properly transmitted and
verified. The EPA may consider the use
of facsimile machines in the future when
their reliability has been improved.
The EPA does not consider it
necessary to allow the use of the
telephone for the original notification of
a demolition or renovation activity
covered by this standard. The
notification must be in writing.
Where States or local authorities
enforce their own asbestos regulations,
they may choose the notification
procedures. But if a State is delegated
authority for enforcing the NESHAP,
then they must adhere to the NESHAFs
requirements.
. The EPA is in agreement with the
commenter who favors written
notifications over telephone
notifications and the final rule continues
to require the former.
It should be noted that OSHA has
recently proposed notification
requirements (55 FR 29712, July 20,1990)
similar to those in the NESHAP. The
EPA is coordinating with OSHA during
their rulemaking to determine the most
efficient mechanism to avoid duplication
and ensure that both EPA and OSHA
receive adequate notice without unduly
burdening industry.
Renotification
Comment: Numerous comments were
received on the proposed renotification
requirements. Although a few favored
the requirements as proposed and a few
thought the requirements should be
more stringent, most of the commenters
favored the use of telephone
renotification. The comments were as
follows:
Commenter IV-D-28 disagreed with
the NADC comment in the proposal
preamble that renotification by
telephone should be allowed;
commenter IV-D-28 recommended a 10-
day written notice for all projects. ;-
Commenter IV-D-21 suggested that
the renotification provisions be made
more flexible by allowing the actual
start date to vary by a couple of days for
projects lasting longer than 5 days
before requiring the owner/operator to
renotify.
Commenters IV-D-21, IV-D-25, IV-D-
26, FV-D-36, FV-D-37, IV-D-41, IV-D-
42, IV-D-45, FV-D-46, rV-D-49, IV-D-
50, IV-D-58, IV-D-59, IV-D-60. IV-D-
61, FV-D-82, IV-D-65, IV-D-69, FV-D-
71, IV-D-73. IV-D-74, IV-D-76, IV-D-
87. IV-D-88. and IV-D-94 suggested that
EPA allow the use of some other means
besides certified mail for renotification,
such as same day telephone or telefax
messages, when a 5-day written notice
would further delay the project. This
would be simpler and less time-
consuming. Commenter IV-D-41 also
suggested that, when it is feasible to
provide a 5-day written notice, i.e.,
delays are known at least 5 days in
advance, then such notice would be
provided. Also, as commenters IV-D-46,
IV-D-49, IV-D-50, IV-D-58, IV-D-60,
FV-D-62, IV-D-69, and IV-D-73
suggested, a telephone notice could be
followed by a written notice.
According to commenters IV-D-23,
IV-D-24, FV-D-36. IV-D-37, IV-D-41,
IV-D-42, IV-D-43, IV-D-45, IV-D-46,
IV-D-49. IV-D-50, IV-D-51, IV-D-58,
IV-D-59, IV-D-63, IV-D-64, IV-D-73,
IV-D-75, IV-D-76, IV-D-78, IV-D-87,
IV-D-88, and IV-D-94, there are
numerous unforeseen factors, such as
equipment mobilization problems,
personnel availability, weather, or other
project difficulties, that can cause a
removal project to start on a date other
than the one submitted in the original
notification. These commenters
explained that the proposed
renotification requirements, with their
additional waiting requirements, could
result in unreasonable project delays
and significantly increased project costs.
Several of these commenters and
commenter IV-D-84 suggested that EPA
allow a project to start within some
reasonable period of time, such as a
couple of days, of the original start date
without having to renotify EPA in
writing. The EPA should provide for
some flexibility in predicting the exact
start date. In the experience of one of
the commenters, jobs usually start
within a day or two of the scheduled
date.
Response: The EPA agrees that a 10-
day advance notice is appropriate for
demolitions and renovations that can be
planned for and scheduled. In some
situations, however, such as emergency
renovations or government-ordered
demolition of buildings that are in
danger of imminent collapse, EPA
considers shorter notification periods
appropriate. For renotification, a 10-day
additional waiting period would be
- excessively burdensome.
The EPA has considered the
suggestion that telephone renotification
be permitted and has determined that
providing for the use of the telephone,
followed by a written notice, would
provide the necessary flexibility and
would be in the best interests of both
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48412
Federal Register / Vol. 55. N^. 224 / Tuesday, November 20, 1990 / Rules and Regulations
the regulated community and EPA. The
EPA does not want to interfere with
commerce by requiring a 5-day waiting
period for a written renotification when
a telephone call followed by a written
renotification would suffice. Nor does
EPA wish to make useless visits to jobs
that have been rescheduled because a
written renotification of a change in
start date was not received in time.
Emergency Renovation
Comment: Commenters IV-D-Q, IV-D-
14. IV-D-41. IV-D-42. and IV-D-49
stated that the scope of the term
"emergency renovation operation"
should not be limited to events resulting
in "unsafe conditions." but should
include events such as fires, ruptured
pipes, boiler failures, and other
situations that could present potential
public health or safety hazards if not
immediately attended to. Commenter
IV-D-18 asked if the definition would
include the release of asbestos into the
air. Commenter IV-D-63 recommended
that the definition include operations
necessary to protect equipment from
significant damage.
Response: Events that would
necessitate an emergency renovation
include those that may produce
immediately unsafe conditions as well
as those that, if not quickly remedied,
could reasonably be foreseen to result in
an unsafe or detrimental effect on
health. For example, a boiler in an
apartment building that suddenly
malfunctions during the winter would
need to be repaired immediately. To
protect equipment from significant
damage and to avoid imposing an
unreasonable financial burden by
requiring sources that experience a
sudden unexpected equipment failure to
wait 10 days, the final rule includes
equipment damage and financial burden
as additional reasons for emergency
renovations, and the definition of
emergency renovation is revised
accordingly.
Definition of Facility
Comment: Several commenters argued
that the exclusion of residential
facilities having four or fewer dwelling
units should be eliminated. Commenter
IV-D-89 asserted that residential
demolition and renovation and
associated waste disposal involve
significant quantities of asbestos and
should be regulated. Commenter IV-D-
54 argued that residential buildings
having four or fewer units should not be
exempt from the work practices
provisions even if they are exempt from
the notification requirements.
Commenter tV-D-94 recommended that
only facilities with one dwelling unit be
excluded because renters of apartments
are frequently exposed as a result of
asbestos work performed by untrained
workers.
Response: The recommendation to
remove the exemption for residential
facilities having four or fewer dwelling
units would expand the scope of the
rule. Revisions that alter stringency may
be considered during a later rulemaking.
However, EPA does not consider
residential structures that are
demolished or renovated as part of a
commercial or public project to be
exempt from this rule. For example, the
demolition of one or more houses as part
of an urban renewal project a highway
construction project or a project to
develop a shopping mall, industrial
facility, or other private development,
would be subject to the NESHAP. Nor
would the conversion of a hotel or large
apartment building to a condominium, a
cooperative, or a loft exempt the
structure from the NESHAP. To clarify
that condominiums, cooperatives, and
-lofts which exceed four dwelling units
are subject to the NESHAP, the
definition of facility has been modified
accordingly. The owner of a home that
renovates his house or demolishes it to
construct another house is not to be
•ubject to the NESHAP.
Definition of Installation
Comment: Commenter IV-D-83
argued that the definition of
"installation" needs clarification and
asks whether a group of residential
buildings would be excluded. The
commenter argued that a group of
residential buildings at one location
being demolished or renovated by one
developer should be covered.
Response: A group of residential
buildings under the control of the same
owner or operator is considered an
installation according to the definition
of "installation" and is, therefore,
covered by the rule. As an example,
several houses located on highway
right-of-way that are all demolished as
part of the same highway project would
be considered an "testaHathm,*' even
when the houses are not proximate to
each other. In this example, the houses
are under the control of the same owner
or operator, i*., the highway agency
responsible for the highway project
Training
Comment: Commenters IV-D-18 and
IV-D-68 recommended that a refresher
course be attended every 2 years.
Response: Regarding the commenters
who recommended that refresher
courses be taken every 2 years, EPA
agrees and has modified the rule to
require refresher courses. The EPA
considers such additional training
important to maintain familiarity with
the NESHAP as well as to keep abreast
of any changes in the standards.
Sanding. Grinding, or Abrading
Nonfriable ACM
Comment- Commenters IV-D-15, IV-
D-47, IV-D-48, IV-D-55, IV-D-84, and
IV-D-95 considered asbestos-containing |
flooring products, such as tile and sheet
vinyl flooring, to always be nonfriable
and exempt from the rule, with the
exception of flooring that was being
sanded (Commenters IV-O-47 and IV-
D-ML)
Response: The EPA considers the
deliberate sanding, grinding, or abrading
(including drilling, cutting, and chipping)
•of all nonfriable materials, including
resilient floor covering, asphalt roofing
material, packings, and gaskets to be
sources of asbestos emissions and the
revisions require otherwise nonfriable
ACM to be treated as if it were friable
when it is sanded, ground or abraded.
Also, a definition of "grinding" is
added to clarify the types of activities,
especially those involving nonfriable
asbestos materials, that are subject to
the regulation. For example, typical floor
tile removal methods, such as
mechanical chipping, result in the floor
tile being broken up into numerous small
fragments. This removal method is
subject to the NESHAP provisions.
Other floor tile removal methods are
available that do not result in the
material being so severely damaged.
Such methods include the use of heat
from heat guns or electric heat
machines, the use of infrared machines,
flooding with water or amended water,
and the use of dry ice or liquid nitrogen.
These methods when properly utilized
aliovr the tiles to be removed with a
minimum of damage to the tiles and
would not be subject to the NESHAP.
Definition of Nonfriable Asbestos
Material
Comment Commenters IV-D-15 and
IV-D-89 asserted that the meaning of
"nonfrisble" is unclear because it was
not defined in the revisions proposed on
January 18,1989. A problem may result
if it is considered the opposite of friable.
Commenter IV-O-39 also argued for a
definition of "nonfriable" and asserted
that likefriaWe," the threshold of at
least 1 percent by area should apply.
.Response.-The EPA agrees that the
meaning of "nonfriable" needs to be
clarified. A definition of "nonfriable
asbestos material" has been added to
the final rule. The EPA considers
nonfriable asbestos material to be
material containing more than 1 percent
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IFederal Register /Vol. 55, No. 224 / Tuesday, November 20, 1990 / Rules and Regulations
asbestos by area that cannot be
crumbled, pulverized, or reduced to
power by hand pressure. However, some
nonfriable asbestos materials can be
crumbled, pulverized, etc., in the course
of demolition/renovation operations
leading to asbestos emissions and are,
therefore, subject to control under the
NESHAP.
Waste Disposal
Marking
Comment: Cbmmenters IV-D-61 and
IV-D-S8 asserted that the term
"placard" is inappropriate because it
has a specific application under DOT
regulations for hazardous waste
transport, and that the proposal should
be revised to maintain the distinction
between "marking" and "placarding" as
was done in RCRA and TSCA
rulemakings.
Response: The EPA has modified the
final rule to replace the term "placard,"
a term used by the DOT in its regulation
• of the transportation of hazardous
materials, with the term "mark" as
suggested by the commenters. This
should help avoid confusing DOT
requirements with requirements under
the NESHAP.
Labeling
Comment: Commenters IV-D-18, IV-
D-28, IV-D-11, and FV-D-84
recommended that EPA in Section
61.150, and perhaps elsewhere, cite only
OSHA labels and delete references to
other labels because OSHA requires the
use of their labels in all cases.
Response: The EPA agrees with the
commenters who suggest that only
, OSHA labels be required on containers
and has revised the final rule
accordingly.
Offsite Disposal
Comment: Two commenters were
concerned with placarding and other
requirements of § 61.149(d). Commenter
FV-D-22 stated that his company moves
tailings from the mill by dump truck or
earth-moving equipment to a disposal
site on company property and would
like the requirements for placards, etc.,
in § 61.149(d) changed so that they
would apply only to transport to an
offsite disposal facility.
Commenter IV-D-93 also suggested
that the requirements of § 61.149{d)
should apply only to vehicles
transferring waste offsite.
Response: Although company
personnel may not require a warning
that asbestos waste is being
transported, others who are on site and
who are not company employees, e.g.,
vendor and construction personnel,
clearly do. Further, OSHA requires that
workers be informed of hazards to
which they are exposed. Accordingly,
EPA believes the provisions of
§ 61.149(d) are appropriate as proposed
and should not be changed as suggested.
EPA Identification Number
Comment: Several comments
addressed the proposal to assign
identification numbers to generators of
asbestos waste. Most of the commenters
found the requirement confusing.
Commenters IV-D-9 and IV-D-49 stated
that the system of using EPA
identification numbers is confusing and
misleading and should be subject to
public comment rather than tacked onto
the final version of the amendments.
Commenter IV-D-25 wondered how the
system is to operate and whether they
would use the number they already have
for hazardous waste. Commenter IV-D-
26 was unclear as to who the generator
would be and suggested that the
abatement contractor be considered the
generator. Commenter IV-D-28 thought
that this requirement would generate a
list of one-time generators, and that it
should be deferred for further study.
Commenter IV-D-41 asked if RCRA
hazardous waste identification numbers
were going to be assigned to asbestos
waste generators. As explained by
commenter IV-D-81, not all generators
will have an EPA identification number
as required in § 61.150(d) fl)(i) and (4)(i).
Commenters IV-D-62 and IV-D-63
expressed confusion over the proposed
identification number and urged that a
single number be assigned to an entire
company, rather than to each building or
facility. Commenter IV-D-18 asked how
the identification numbers are to be
determined and assigned; is it to be
done now; and, if the program is
delegated to a State or local program,
would this require a State identification
number?
Response: Because of the confusion
expressed by all the commenters over
how a system of assigning identification
numbers to asbestos waste generators
would work, EPA has reconsidered this
revision and has decided to delete the
requirement for an identification
number. The EPA is confident that, even
without such a unique numbering
system, it will be possible to track waste
shipments for the purpose of pursuing
enforcement actions.
Semiannual Reports
Comment: Commenter IV-D-4
opposed semiannual reporting by
generators or disposal sites but
recommended exception reporting by
both. Commenter IV-D-9 noted that
semiannual reporting is also redundant
in view of the Superfund Amendments
and Reauthorization Act (SARA) Title
HI regulations. Commenters IV-D-28,
IV-D-39, IV-D-41. IV-D-75, and IV-D-
83 asserted that EPA should delete the
semiannual reporting requirement in
I 61.150(d)(4) because it is redundant
since the information is also provided
on the waste tracking form and will just
add more paperwork. Commenter IV-D-
84 was concerned that small, rural
landfills will use the proposed
recordkeeping requirements as an
excuse to refuse to accept asbestos
waste, which could increase illegal
dumping. Commenter FV-D-Q4 stated
that the regulation in effect prior to the
January 10,1989, proposal should be
retained.
Commenters IV-D-24, IV-D-61, and
IV-D-62 noted that most waste
shipment reporting now occurs on an
annual basis and that they preferred
annual to semiannual reporting.
Commenter IV-D-41 recommended that
EPA adopt the biennial reporting used
by EPA's Office of Solid Waste (OSW).
Commenter FV-D-65 stated that, if
necessary, EPA should supplement the
existing biennial RCRA report.
Commenter IV-D-63 asserted that it is
unnecessary for the generator to submit
semiannual waste disposal reports.
Commenter IV-D-81 stated that the
proposal imposes redundant reporting
requirements on owners/operators due
to § 61.150(c)(4).
Commenter IV-D-51 argued that
industrial landfills on site that are
subject to RCRA and State statutes
should be exempt from the reporting and
recordkeeping requirements of
§ 61.150(d). Commenter FV-D-55 stated
that § 61.150(d) does not define
adequately who keeps disposal records
•and who submits semiannual reports.
Commenter FV-D-55 felt that building
owners are unfamiliar with the report
called for in § 61.150(d)(4).
Response: Upon additional
consideration of this provision, EPA has
decided to omit the requirement for
semiannual reporting from today's rule.
This decision is based in part on several
comments opposing semiannual
reporting as unnecessary. In addition,
because of the large commitment of
enforcement resources that would be
required for such a system to properly
function, EPA believes that the proposal
is overly ambitious at this time. The
EPA believes, however, that
enforcement can use the available
information and adequately identify
violators by comparing the waste
records that are required to be kept by
waste generators and waste disposal
siter.. At this time, a more workable
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48414 F«^eral 3^egfter / Vo1- 55' No- 224 / Tuesday. November 20, 1990 /Rules and Regulations
solution will be to require disposal sites
to report to EPA whenever there is a
discrepancy between the amount of
waste received and the amount reported
on the waste shipment papers. The
discrepancy report should be submitted
to the same agency that was notified of
the demolition or renovation and. if
different, to the agency responsible for
administering the NESHAP program for
the disposal site. In addition, new and
existing disposal sites will be required
to comply with the general reporting
provisions of 40 CFR part 61.
Specifically, new disposal sites will be
required to comply with the requirement
to apply for approval to construct
(§ 61.07), and the requirements to notify
EPA of startup dates (§ 61.09). Existing
disposal sites that will accept asbestos
waste after the effective date of the rule
will be required to supply EPA with
certain information concerning their
operations (§ 61.10). This information
will assist enforcement in tracking
asbestos waste.
Excepled Waste Shipment Report
The proposed revisions included a
requirement for waste generators to
indicate, as part of a semiannual report
to the Administrator, waste shipments
for which 35 days or more have elapsed
since the waste was snipped without the
waste generator having received a copy
of the WSR signed and dated by the
disposal site owner or operator. While
EPA has determined that semiannual
reports are not necessary, it considers
this requirement a vital part of the
asbestos waste tracking system and a
provisions for excepted waste shipment
reports is included in the final rule.
Waste Conversion Processes
Comment: Commenter IV-D-21 asked
that procedures for sample preparation
for TEM be clarified; that comminution
size of particle reduction be specified;
that the standard or interim method of
analysis that is acceptable be identified;
and that laboratory qualifications
meeting requirements of the National
Institute of Standards and Technology
(MIST) and AHERA be identified.
Response: Currently EPA has no
protocol for TEM analysis of output
materials. The final rule requires the
owner or operator of waste conversion
processes to submit a protocol for
sampling and analysis by TEM for
approval by EPA.
V. Administrative
The docket is an organized and
complete file of all the information
considered by EPA in the development
of this rulemaking. The docket is a
dynamic file, since material is added
throughout the rulemaking development
The docketing system is intended to
allow members of the public and
industries involved to readily identify
and locate documents so that they can
effectively participate in the rulemaking
process. Along with die statement of
basis and purpose of the proposed and
promulgated revisions and EPA
responses to significant comments, the
contents of the docket, except for
interagency review materials, will serve
as the record in case of judicial review
(section 307(d)(7)(A)).
The effective date of this regulation is
November 20,1990. Section 112 of the
Clean Air Act provides that standards of
performance or revisions thereof
become effective upon promulgation
except that in the case of an existing
source, the standard shall not apply
until 90 days after its effective date.
As prescribed by section 112, the
promulgation of these standards was
preceded by the Administrator's
determination that asbestos presents a
significant risk to human health as a
result of air emissions from one or more
source categories and is therefore a
hazardous air pollutant (36 FR 3031,
dated March 31,1971). In accordance
with section 117 of the Act, publication
of these promulgated standards was
preceded by consultation with
appropriate advisory committees,
independent experts, and Federal
departments and agencies.
Section 317 of the Clean Air Act
requires the Administrator to prepare an
economic impact assessment for any
new standard promulgated under
section 112 of the Act. Since the costs of
the revision will be small, an economic
impact assessment was not considered
necessary for this regulation.
Information collection requirements
associated with this regulation (those
included in 40 CFR part 60, subpart A
and subpart XXX) 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 eeq. and have been
assigned OMB control number (2060-
0101).
Under Executive Order 12291, EPA is
required to judge whether a regulation is
a "major role" and therefore lubject to
the requirements of * regulatory impact
analysis (RIA). The Agency has
determined that this regulation would
result in none of the adverse economic
effects set forth in section 1 of the Order
as grounds for finding a regulation to be
a "major rule." The Agency has,
therefore, concluded that this regulation
is not a "major rule" under Executive
Order 12291.
The Regulatory Flexibility Act of 1980
requires the identification of potentially
adverse impacts of Federal regulations
upon small business °ntities. The Act
specifically requires the completion of al
Regulatory Flexibility Analysis in those |
instances where small business impacts \
are possible. Because these standards
impose no adverse economic impacts, a '
Regulatory Flexibility Analysis has not
been conducted.
Pursuant to the provisions of 5 U.S.C.
605(b), I hereby certify that this rule will |
not have a significant economic impact
on a substantial number of small
entities.
List of Subjects in 40 CFR Part 61
Asbestos, Beryllium, Benzene,
Hazardous substances, Mercury,
Reporting and recordkeeping
requirements. Vinyl chloride, Blast
furnaces, Steel mills.
Dated: October 29,1990.
William K. Reilly,
Administrator.
40 CFR part 61 is amended as follows:
PART SI—[AMENDED]
1. The authority citation for 40 CFR
part 61, subpart M, is revised to read as
follows:
Authority: 42 U.S.C 7401, 7412. 7414. 7416.
7601.
2.-3. Section 61.140 is revised to read
as follows:
§61.140 Applicability.
The provisions of this subpart are
applicable to those sources specified in
§ 61.142 through 61.151, 61.154, and
61.155.
4. In i 61.141, the following definitions
are revised: "Asbestos-containing waste
materials," "Commercial asbestos,"
"Demolition," "Emergency renovation
operation," "Fabricating," "Facility,"
"Facility component," "Friable asbestos
materials," "Inactive waste disposal
site," "Manufacturing." "Outside air,"
"Particulate asbestos material,"
"Planned renovation operation,"
"Remove," "Renovation," "Roadways;1
"Strip," and "Visible emissions."
The following definitions are added:
"Adequately wet" "Category I
nonfriabJe ACM." "Cutting," "Category
II nonfriable ACM," "Fugitive sources,"
"Glove bag," "Grinding," "In poor
•condition," "Installation," "Leak-tight,"
"Malfunction," "Natural barrier,"
"Nonfriable asbestos-containing
material," "Nonscheduled renovation
operation," "Owner or operator of a
demolition or a renovation activity,"
"Regulated asbestos-containing
material," "Resilient floor covering,"
"Waste generator," "Waste shipment
record," and "Working day."
The definitions, "Adequately wetted"
and "Asbestos material," are removed.
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Federal Register / Vol. 55, No. 224 / Tuesday, November 20. 1990 / Rules and Regulations 48415
§61.141 Definitions.
*****
Adequately wet means sufficiently
mix or penetrate with liquid to prevent
the release of particulates. If visible
emissions are observed coming from
asbestos-containing material, then that
material has not been adequately
wetted. However, the absence of visible
emissions is not sufficient evidence of
being adequately wet.
*****
Asbestos-containing waste materials
means mill tailings or any waste that
contains commercial asbestos and is
generated by a source subject to the
provisions of this subpart. This term
includes filters from control devices,
friable asbestos waste material, and
bags or other similar packaging
contaminated with commercial
asbestos. As applied to demolition and
renovations operations, this term also
includes regulated asbestos-containing
material waste and materials
contaminated with asbestos including
disposable equipment and clothing.
*****
Category I nor,friable asbestos-
containing material (ACM) means
asbestos-containing packings, gaskets.
resilient floor covering, and asphalt
roofing products containing more than 1
percent asbestos as determined using
the method specified in appendix A,
subpart F, 4O CFR part 763, section 1.
Polarized Light Microscopy.
Category II nonfriable ACM means
any material, excluding Category 1
nonfriable ACM, containing more than 1
percent asbestos as determined using
the methods specified in appendix A,
subpart F, 40 CFR part 763, section 1,
Polarized Light Microscopy that, when
dry, cannot be crumbled, pulverized, or
reduced to powder by hand pressure.
Commercial asbestos means any
material containing asbestos that is
extracted from ore and has value
because of its asbestos content.
Cutting means to penetrate with a
sharp-edged instrument and includes
sawing, but does not include shearing,
slicing, or punching.
Demolition means the wrecking or
taking out of any load-supporting
structural member of a facility together
with any related handling operations or
the intentional burning of any facility.
Emergency renovation operation
means a renovation operation that was
not planned but results from a sudden,
unexpected event that, if not
immediately attended to, presents a
safety or public health hazard, is
necessary to protect equipment from
damage, or is necessary to avoid
imposing an unreasonable financial
burden. This term includes operations
necessitated by nonrourine failures of
equipment.
Fabricating means any processing
(e.g., cutting, sawing, drilling) of a
manufactured product that contains
commercial asbestos, with the exception
of processing at temporary sites (field
fabricating) for the construction or
restoration of facilities. In the case of
friction products, fabricating includes
bonding, debonding, grinding, sawing.
drilling, or other similar operations
performed as part of fabricating.
Facility means any institutional,
commercial, public, industrial, or
residential structure, installation, or
building (including any structure,
installation, or building containing
condominiums or individual dwelling
units operated as a residential
cooperative, but excluding residential
buildings having four or fewer dwelling
units); any ship; and any active or
inactive waste disposal site. For
purposes of this definition, any building,
structure, or installation that contains a
loft used as a dwelling is not considered
a residential structure, installation, or
building. Any structure, installation or
building that was previously subject to
this subpart is not excluded, regardless
of its current use or function.
Facility component means any part of
a facility including equipment.
Friable asbestos material means any
material containing more than 1 percent
asbestos as determined using the
method specified in appendix A, subpart
F, 40 CFR part 763 section 1, Polarized
Light Microscopy, that, when dry, can be
crumbled, pulverized, or reduced to
powder by hand pressure. If the
asbestos content is less than 10 percent
as determined by a method other than
point counting by polarized light
microscopy [PLM), verify the asbestos
content by point counting using PLM.
Fugitive source means any source of
emissions not controlled by an air
pollution control device.
Glove bag means a sealed
compartment with attached inner gloves
used for the handling of asbestos-
containing materials, properly installed
and used, glove bags provide a small
work area enclosure typically used for
small-scale asbestos stripping
operations. Information on glove-bag
installation, equipment and supplies,
and work practices is contained in the
Occupational Safety and Health
Administration's (OSHA's) final rule on
occupational exposure to asbestos
(appendix G to 29 CFR 1926.58).
Grinding means to reduce to powder
or small fragments and includes
mechanical chipping or drilling.
In poor condition means the binding
of the material is losing its integrity as
indicated by peeling, cracking, or
crumbling of the material.
Inactive waste disposal site means
any disposal site or portion of it where
additional asbestos-containing waste
material has not been deposited within
the past year.
Installation means any building or
structure or any group of buildings or
structures at a single demolition or
renovation site that are under the
control of the same owner or operator
(or owner or operator under common
control).
Leak-tight means that solids or liquids
cannot escape or spill out It also means
dust-tight.
Malfunction means any sudden and
unavoidable failure of air pollution
control equipment or process equipment
or of a process to operate in a normal or
usual manner so that emissions of
asbestos are increased. Failures of
equipment shall not be considered
malfunctions if they are caused in any
way by poor maintenance, careless
operation, or any other preventable
upset conditions, equipment breakdown,
or process failure.
Manufacturing means the combining
of commercial asbestos—or, in the case
of woven friction products, the
combining of textiles containing
commercial asbestos—with any other
material(s). including commercial
asbestos, and the processing of this
combination into a product. Chlorine
production is considered a part of
manufacturing.
Natural barrier means a natural
object that effectively precludes or
deters access. Natural barriers include
physical obstacles such as cliffs, lakes
or other large bodies of water, deep and
wide ravines, and mountains.
Remoteness by itself is not a natural
barrier.
Nonfriable asbestos-containing
material means any material containing
more than 1 percent asbestos as
determined using the method specified
. in appendix A, subpart F, 40 CFR part
763, section 1, Polarized Light
Microscopy, that, when dry, cannot be
crumbled, pulverized, or reduced to
powder by hand pressure.
Nonscheduled renovation operation
means a renovation operation
necessitated by the routine failure of
equipment, which is expected to occur
within a given period based on past
operating experience, but for which an
exact date cannot be predicted.
Outside air means the air outside
buildings and structures, including, but
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48416 Federal Register / Vol. 55,, No. 224 / Tuesday,.November' 20. '1990 / Rules and Regulations
not limited to, the air under a bridgs or
in an open air ferry dock.
Owner or operator of a demolition or
renovation activity means any person
who owns, leases, operates, controls, or
supervises the facility being demolished
or renovated or any person who owns,
leases, operates, controls, or supervises
the demolition or renovation operation,
or both.
Particulate asbestos material means
finely divided particles of asbestos or
material containing asbestos.
Planned renovation operations means
a renovation operation, or a number of
such operations, in which some RACM
will be removed or stripped within a
given period of time and that can be
predicted. Individual nonscheduled
operations are included if a number of
such operations can be predicted to
occur during a given period of time
based on operating experience.
Regulated asbestos-containing
material (RACM) means (a) Friable
asbestos material, (b) Category I
nonfriable ACM that has become
friable, (c) Category I nonfriable ACM
that will be or has been subjected to
sanding, grinding, cutting, or abrading,
or (d) Category II nonfriabla ACM that
has a high probability of becoming or
has become crumbled, pulverized, or
reduced to powder by the forces
expected to act on the material in the
course of demolition or renovation
operations regulated by this subpart.
Remove means to take out RACM or
facility components that contain or are
covered with RACM from any facility.
Renovation means altering a facility
or one or more facility components in
any way, including the stripping or
removal of RACM from a facility
component. Operations in which load-
supporting structural members are
wrecked or taken out are demolitions.
Resilient floor covering means
asbestos-containing floor tile, including
asphalt and vinyl floor tile, and sheet
vinyl floor covering containing more
than 1 percent asbestos as determined
using polarized light microscopy
according to the method specified in
appendix A, subpart F, 40 CFR part 763,
Section 1, Polarized Light Microscopy.
Roadways means surfaces on which
vehicles travel. This term includes
public and private highways, roads,
streets, parking areas, and driveways.
Strip means to take off RACM from
any part of a facility or facility
components.
*****
Visible emissions means any
emissions, which are visually detectable
without the aid of instruments, coming
from RACM or asbestos-containing
waste material, or from any asbestos
milling, manufacturing, or fabricating
operation. This does not include
condensed, uncombined water vapor.
Waste generator means any owner or
operator of a source covered by this
subpart whose act or process produces
asbestos-containing waste material.
Waste shipment record means the
shipping document, required to be
originated and signed by the waste
generator, used to track and
substantiate the disposition of asbestos-
containing waste material.
Working day means Monday through
Friday and includes holidays that fall on
any of the days Monday through Friday.
5. Section 61.142 is revised to read as
follows:
§61.142 Standard for asbestos mills.
(a) Each owner or operator of an
asbestos mill shall either discharge no
visible emissions to the outside air from
that asbestos mill, including fugitive
sources, or use the methods specified by
§ 61.152 to clean emissions containing
particulate asbestos material before
they escape to, or are vented to, the
outside air.
(b) Each owner or operator of an
asbestos mill shall meet the following
requirements:
(1) Monitor each potential source of
asbestos emissions from any part of the
mill facility, including air cleaning
devices, process equipment, and
buildings that house equipment for
material processing and handling, at
least once each day, during daylight
hours, for visible emissions to the
outside air during periods of operation.
The monitoring shall be by visual
observation of at least 15 seconds
duration per source of emissions.
(2} Inspect each air cleaning device at j
least once each week for proper
operation and for changes that signal
the potential for malfunction, including,
to the maximum extent possible without |
dismantling other than opening the
device, the presence of tears, holes, and
abrasions in filter bags and for dust
deposits on the clean side of bags. For
air cleaning devices that cannot be
inspected on a weekly basis according
to this paragraph, submit to the
Administrator, and revise as necessary,
a written maintenance plan to include,
at a minimum, the following:
(i) Maintenance schedule.
(ii) Recordkeeping plan.
(3) Maintain records of the results of
visible emissions monitoring and air
cleaning device inspections using a
format similar to that shown in Figures 1
and 2 and include the following:
(i) Date and time of each inspection.
(ii) Presence or absence of visible
emissions.
(iii) Condition of fabric filters,
including presence of any tears, holes,
and abrasions.
(iv) Presence of dust deposits on clean
side of fabric filters.
(v) Brief description of corrective
actions taken, including date and time.
(vi) Daily hours of operation for each
air cleaning device.
(4) Furnish upon request, and make
available at the affected facility during
normal business hours for inspection by
the Administrator, all records required
under this section.
(5) Retain a copy of all monitoring and
inspection records for at least 2 years.
(6) Submit quarterly a copy of visible
emission monitoring records to the
Administrator if visible emissions
occurred during the report period.
Quarterly reports shall be postmarked
by the 30th day following the end of the
calendar quarter.
BfLUNO CODE CS60-60-M
-------
Federal Register / Vol. 55, No. 224 / Tuesday, November 20,1990 / Rules and Regulations 48417
Date of
inspection
(mo/day/yr)
Time of
inspection
(a.m. /p.m. )
Air
cleaning
device or
fugitive
source
designation
or number
Visible
emissions
observed
(yes/no),
corrective
action
taken
Daily
operating
hours
•|
i
Inspector's
initials
Figure 1. Record of Visible Emission Monitoring
-------
48418 Federal Register / Vol. 55. No. 224 / Tuesday. November 20,1990 / Rules and Regulations
1. Air cleaning aevice designation or number
2. Date of inspection
3. Time of inspection
4. Is air cleaning device operating
properly (yes/no)
5. Tears, holes, or abrasions
in fabric filter (yes/no)
6. Dust on clean side of fabric filters
(yes/no)
7. Other signs of malfunctions or
potential malfunctions (yes/no)
8. Describe other malfunctions or signs of potential malfunctions.
9. Describe corrective action(s) taken.
10. Date and time corrective
action taken
11. Inspected by
(Print/Type Name)
(Title)
(Signature)
(Date)
(Print/Type Name)
(Title)-
(Signature)
(Date)
Figure 2. Air Cleaning Device Inspection Checklist
Biuma CODE tsso-so-c
-------
Federal Register / Vol. 55. No. 224 / Tuesday. November 20, 1990 / Rules and Regulations 4&41S
6. Section 61.143 is revised to read as
follows:
§61.143 Standard for roadways.
No person may construct or maintain
a roadway with asbestos tailings or
asbestos-containing waste material on
that roadway, unless, for asbestos
tailings.
(a) It is a temporary roadway on an
area of asbestos ore deposits (asbestos
mine):.or
(b) It is a temporary roadway at an
active asbestos mill site and is
encapsulated with a resinous or
bituminous binder. The encapsulated
road surface must be maintained at a
minimum frequency of one per year to
prevent dust emissions; or
(c) It is encapsulated in asphalt
concrete meeting the specifications
contained in section 401 of Standard
Specifications for Construction of Roads
and Bridges on Federal Highway
Projects. FP-85,1985. or their equivalent.
7. In § 61.144, paragraph (a)(9) and
paragraphs (b) (1) and (2) are revised.
and paragraphs (b)(3) through (b}(8j are
added to read as follows:
§ 61.144 Standards for manufacturing.
(a)
(9) The manufacture of chlorine
utilizing asbestos diaphragm technology.
*****
(b)
(1) Discharge no visible emissions to
the outside air from these operations or
from any building or structure in which
they are conducted or from any other
fugitive sources; or
(2) Use the methods specified by
§ 61.152 to clean emissions from these
operations containing particulate
asbestos material before they escape to,
or are vented to, the outside air.
(3) Monitor each potential source of
asbestos emissions from any part of the
manufacturing facility, including air
cleaning devices, process equipment,
and buildings housing material
processing and handling equipment, at
least once each day during daylight
hours for visible emissions to the
outside air during periods of operation.
The monitoring shall be visual
observation of at least 15 seconds
duration per source of emissions.
(4) Inspect each air cleaning device at
least once each week for proper
operation and for changes that signal
the potential for malfunctions, including,
to the maximum extent possible without
dismantling other than opening the
device, the presence of tears, holes, and
abrasions in filter bags and for dust
deposits on the clean side of bags. For
air cleaning devices that cannot be
inspected on a weekly basis according
to this paragraph, submit to the
Administrator, and revise as necessary,
a written maintenance plan to include,
at a minimum, the following:
(i) Maintenance schedule.
(ii) Recordkeeping plan.
(5) Maintain records of the results of
visible emission monitoring and air
cleaning device inspections using a
format similar to that shown in Figures 1
and 2 and include the following.
(i) Date and time of each inspection.
(ii) Presence or absence of visible
emissions.
(iii) Condition of fabric filters,
including presence of any tears, holes
and abrasions.
(iv) Presence of dust deposits on clean
side of fabric filters.
(v) Brief description of corrective
actions taken, including date and time.
(vi) Daily hours of operation for each
air cleaning device.
(6) Furnish upon request, and make
available at the affected facility during
normal business hours for inspection by
the Administrator, all records required
under this section.
(7) Retain a copy of all monitoring and
inspection records for at least 2 years.
(8) Submit quarterly a copy of the
visible emission monitoring records to
the Administrator if visible emissions
occurred during the report period.
Quarterly reports shall be postmarked
by the 30th day following the end of the
calendar quarter.
8. Sections 61.146 and 61.147 are
removed, and § 61.145 is revised to read
as follows:
§61.145 Standard for demolition and
renovation.
(a) Applicability. To determine which
requirements of paragraphs (a), (b), and
(c) of this section apply to the owner or
operator of a demolition or renovation
activity and prior to the commencement
of the demolition or renovation,
thoroughly inspect the affected facility
or part of the facility where the
demolition or renovation operation will
occur for the presence of asbestos,
including Category I and Category n
nonfnable ACM. The requirements of
paragraphs (b) and (c) of this section
apply to each owner or operator of a. .
demolition or renovation activity,
including the removal of RACM as
follows:
(1) In a facility being demolished, all
the requirements of paragraphs (b) and
(c) of this section apply, except as
provided in paragraph (a)(3) of this
section, if the combined amount of
RACM is
(i) At least 80 linear meters (260 linear
feet) on pipes or at least 15 square
meters (160 square feet) on other facility
components, or
(ii) At least 1 cubic meter (35 cubic
feet) off facility components where the
length or area could not be measured
previously.
(2) In a facility being demolished, or.ly
the notification requirements of
paragraphs (b)(l), (2), (3)(i) and (iv), and
(4)(i) through (viij and (4)(ix) and (xvi) oi
this section apply, if the combined
amount of RACM is
(i) Less than 80 linear meters (260
linear feet) on pipes less than 15 square?
meters (160 square feet) on other facility
components, and
(ii) Less than one cubic meter (35
cubic feet) off facility components
where the length or area could not be
measured previously or there is no
asbestos.
(3) If the facility is being demolished
under an order of a State or local
government agency, issued because the
facility is structurally unsound and in
danger of imminent collapse, only the
requirements of paragraphs (b)(l), (b)(2).
(b)(3)(iii), (b)(4) (except (b)(4)(viii)),
(b)(5), and (c)(4) through (c)(9) of this
section apply.
(4) In a facility being renovated,
including any individual nonscheduled
renovation operation, all the
requirements of paragraphs (b) and (c)
of this section apply if the combined
amount of RACM to be stripped,
removed, dislodged, cut, drilled, or
similarly disturbed is
(i) At least 80 linear meters (260 linear
feet) on pipes or at least 15 square
meters (160 square feet) on other facility
components, or
(ii) At least I cubic meter (35 cubic
feet) off facility components where the
length or area could not be measured
previously.
(iii) To determine whether paragraph
(a)(4) of this section applies to planned
renovation operations involving
individual nonscheduled operations, *
predict the combined additive amount of
RACM to be removed or stripped during
a calendar year of January 1 through
December 31.
(iv) To determine whether paragraph
(a)(4) of this section applies to
emergency renovation operations,
estimate the combined amount of RACM
to be removed or stripped as a result of
the sudden, unexpected event that
necessitated the renovation.
(5)'Ownere or operators of demolition
and renovation operations are exempt
from the requirements of §§ 61.05(a),
61.07, and 61.09.
(b) Notification requirements. Each
owner or operator of a demolition or
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48420 Federal Register / Vol. 55. No. 224 / Tuesday. November 20, 1990 / Rules and Regulations
renovation activity to which this section
applies shall:
(1) Provide the Administrator with
written notice of intention to demolish
or renovate. Delivery of the notice by
U.S. Postal Service, commercial delivery
service, or hand delivery is acceptable.
(2) Update notice, as necessary,
including when the amount of asbestos
affected changes by at least 20 percent.
(3} Postmark or deliver the notice as
follows:
(i) At least 10 working da>s before
asbestos stripping or removal work or
any other activity begins (such as site
preparation that would break up,
dislodge or similarly disturb asbestos
material), if the operation is described in
paragraphs (a) (1) and (4j (except
(a)(4)(iii) and (a)(4)(iv)} of this section. If
the operation is as described in
paragraph (a)(2) of this section,
notification is required 10 working days
before demolition begins.
(ii) At least 10 working days before
the end of the calendar year preceding
the year for which notice is being given
for renovations described in paragraph
(a)(4)(iii) of this section.
(iii) As early as possible before, but
not later tnan. the following working
day if the operation is a demolition
ordered according to paragraph (e)(3) of
this section or, if the operation is a
re-novation described in paragraph
(a)(4)(iv) of this section.
(iv) For asbestos stripping or removal
work in a demolition or renovation
operation, described in paragraphs (a)
(1) and (4) {except (a)(4}(iii} and
(a)(4}{iv)} of this section, and for a
demolition described in paragraph (a)(2)
of this section, that will begin on a date
other than the one contained in the
original notice, notice of the new start
date must be provided to the
Administrator as follows:
(A) When the asbestos stripping or
removal operation or demolition
operation covered by this paragraph will
begin after the date contained in the
notice,
(7) Notify the Administrator of the
new start date by telephone as soon as
possible before the original start date,
and
(2) Provide the Administrator with a
written notice of the new start date as
soon as possible before, and no later
than, the original start date. Delivery of
the updated notice by the U.S. Postal
Service, commercial delivery service, or
hand delivery is acceptable.
(B) When the asbestos stripping or
removal operation or demolition
operation covered by this paragraph will
begin on a date earlier than the original
start date,
(j) Provide the Administrator with a
written notice of the new start date at
least 10 working days before asbestos
stripping or removal work begins.
(2) For demolitions covered by
paragraph (a)(2) of this section, provide
the Administrator written notice of a
new start date at least 10 working days
before commencement of demolition.
Delivery of updated notice by U.S.
Postal Service, commercial delivery
. service, or hand delivery is acceptable.
(C) In no event shall an operation
covered by this paragraph begin on a
date other than the date contained in the
written notice of the new start date.
(4) Include the following in the notice:
(i) An indication of whether the notice
is the original or a revised notification.
(ii) Name, address, and telephone
number of both the facility owner and
operator and the asbestos removal
contractor owner or operator.
(iii) Type of operation: demolition or
renovation.
(iv) Description of the facility or
affected part of the facility including the
size (square meters [square feet] and
number of floors), age, and present and
prior use of the facility.
(v) Procedure, including analytical
methods, employed to detect the
presence of RACM and Category 1 and
Category II nonfriable ACM.
(vi) Estimate of the approximate
amount of RACM to be removed from
the facility in terms of length of pipe in
linear meters (linear feet), surface area
in square meters (square feet) on other
facility components, or volume in cubic
meters (cubic feet) if off the facility
components. Also, estimate the
approximate amount of Category I and
Category II ncnfriable ACM in die
affected part of the facility that will not
be removed before demolition.
{vi)) Location and street address
(including building number or name and
floor or room number, if appropriate),
city, county, and state, of the facility
being demolished or renovated
(viii) Scheduled starting and
completion dates of asbestos removal
work (or any other activity, such as site
preparation that would break up,
dislodge, or similarly disturb asbestos
material) in a demolition or renovation;'
planned renovation operations involving
individual nonscheduled operations
shall only include the beginning and
ending dates of the report period as
described in paragraph (a)(4)(iii) of this
section.
(ix) Scheduled starting and
completion dates of demolition or
renovation.
(x) Description of planned demolition
or renovation work to be performed and
method(s) to be employee! including
demolition or renovation techniques to
be used and description of affected
facility components.
(xi) Description of work practices'and
engineering controls to be used to
comply with the requirements of this
subpart, including asbestos removal and
waste-handling emission control
procedures.
(xii) Name and location of the waste
disposal site where the asbestos-
containing waste material will be
deposited.
(xiii) A certification that at least one
person trained as required by paragraph
(c)(8) of this section will supervise the
stripping and removal described by this
notification. This requirement shall
become effective 1 year after
promulgation of this regulation.
(xiv) For facilities described in
paragraph (a)(3) of this section, the
name, title, and authority of the State or
local government representative who
has ordered the demolition, the date that
the order was issued, and the date on •
which the demolition was ordered to
begin. A copy of the order shall be
attached to the notification.
(xv) For emergency renovations
described in paragraph (a)(4)(iv) of this
section, the date and hour that the
emergency occurred, a description of the
sudden, unexpected event, and an
explanation of how the event caused an
unsafe condition, or would cause
equipment damage or an unreasonable
financial burden.
(xvi) Description of procedures to be
followed in the event that unexpected
RACM is found or Category II nonfriable
ACM becomes crumbled, pulverized, or
reduced to powder.
(xvii) Name, address, and telephone
number of the waste transporter.
(5) The information required in
paragraph (b)(4) of this section must be
reported using a form similiar to that
shown in Figure 3.
(c) Procedures for asbestos emission
control. Each owner or operator of a
demolition or renovation activity to
whom this paragraph applies, according
to paragraph (a) of this section, shall
comply with die following procedures:
(1) Remove all RACM from a facility
being demolished or renovated before
any activity begins that would break up,
dislodge, or similarly disturb the
material or preclude access to the
material for subsequent removal. RACM
need not be removed before demolition
if: . ' .. '
(i) It is Category I nonfriable ACM
that is not in poor condition and is not
friable.
(ii) It is on a facility component that is
encased in concrete or other similarly
-------
Federal Register / Vol. 55, No. 224 / Tuesday. November 20, 1990 / Rules and Regulations 48421
hard material and is adequately wet
whenever exposed during demolition; or
(iii) It was not accessible for testing
and was, therefore, not discovered until
after demolition began and, as a result
of the demolition, the material cannot be
safely removed. If not removed for
safety reasons, the exposed RACM and
any asbestos-contaminated debris must
be treated as asbestos-containing waste
material and adequately wet at all times
until disposed of.
(iv) They are Category II nonfriable
ACM and the probability is low that the
materials will become crumbled,
pulverized, or reduced to powder during
demolition.
(2) When a facility component that
contains, is covered with, or is coated
with RACM is~being taken out of the
facility as a unit or in sections:
(i) Adequately wet all RACM exposed
during cutting or disjoining operations;
and
(ii) Carefully lower each unit or
section to the floor and to ground level,
not dropping, throwing, sliding, or
otherwise damaging or disturbing the
RACM.
(3) When RACM is stripped from a
facility component while it remains in
place in the facility, adequately wet the
RACM during the stripping operation.
(i) In renovation operations, wetting is
not required if:
(A) The owner or operator has
obtained prior written approval from the
Administrator based on a written
application that wetting to comply with
this paragraph would unavoidably
damage equipment or present a safety
hazard; and
(B) The owner or operator uses of the
following emission control methods: '
(1) A local exhaust ventilation and
collection system designed and operated
to capture the particulate asbestos
material produced by the stripping and
removal of the asbestos materials. The
system must exhibit no visible emissions
to the outside air or be designed and
operated in accordance with the
requirements in § 61.152.
(2) A glove-bag system designed and
operated to contain the particulate .
asbestos material produced by the
stripping of the asbestos materials.
(3) Leak-tight wrapping to contain all
RACM prior to dismantlement.
(ii) In renovation operations where
wetting would result in equipment
damage or a safety hazard, and the
methods allowed in paragraph (c)(3)(i)
of this section cannot be used, another
method may be used after obtaining
written approval from the Administrator
based upon a determination that it is
equivalent to wetting in controlling
emissions or to the methods allowed in
paragraph (c)(3)(i) of this section.
{iii) A copy of the Administrator's
written approval shall be kept at the
worksite and made available for
inspection.
(4) After a facility component covered
with, coated with, or containing RACM
has been taken out of the facility as a
unit or in sections pursuant to paragraph
(c)(2) of this section, it shall be stripped
or contained in leak-tight wrapping,
except as described in paragraph (c)(5)
of this section. If stripped, either:
(i) Adequately wet the RACM during
stripping; or
(ii) Use a local exhaust ventilation
and collection system designed and
operated to capture the particulate
asbestos material produced by the
stripping. The system must exhibit no
visible emissions to the outside air or be
designed and operated in accordance
with the requirements in 5 61.152.
(5) For large facility components such
as reactor vessels, large tanks, and
steam generators, but not beams (which
must be handled in accordance with
paragraphs (c)(2), (3), and (4) of this
section), the RACM is not required to be
stripped if the following requirements
are met:
(i) The component is removed,
transported, stored, disposed of, or
reused without disturbing or damaging
the RACM.
(ii) The component is encased in a
leak-tight wrapping.
(iii) The leak-tight wrapping is labeled
according to § 61.149(d)(l)(i), (ii), and
(iii) during all loading and unloading
operations and during storage.
(6) For all RACM, including material
that has been removed or stripped:
(i) Adequately wet the material and
ensure that it remains wet until
collected and contained or treated in
preparation for disposal in accordance
with § 61.150; and
(ii) Carefully lower the material to the
ground and floor, not dropping,
throwing, sliding, or otherwise damaging
or disturbing the material.
(iii) Transport the material to the
ground via leak-tight chutes or
containers if it has been removed or
stripped more than 50 feet above ground
level and was not removed as units or in
sections.
(iv) RACM contained in leak-tight
wrapping that has been removed in
accordance with paragraphs (c)(4) and
(c)(3)(i)(B)(3) of this section need not be
wetted.
(7) When the temperature at the point
of wetting is below 0 °C (32 °F):
(i) The owner or operator need not
comply with paragraph (c)(2)(i) and the
wetting provisions of paragraph (c)(3) of
this section.
(ii) The owner or operator shall
remove facility components containing.
coated with, or covered with RACM as
units or in sections to the maximum
extent possible.
(iii) During periods when wetting
operations are suspended due to
freezing temperatures, the owner or
operator must record the temperature in
the area containing the facility
components at the beginning, middle,
and end of each workday and keep daily
temperature records available for
inspection by the Administrator during
normal business hours at the demolition
or renovation site. The owner or
operator shall retain the temperature
records for at least 2 years.
(8) Effective 1 year after promulgation
of this regulation, no RACM shall be
stripped, removed, or otherwise handled
or disturbed at a facility regulated by
this section unless at least one on-site
representative, such as a foreman or
management-level person or other
authorized representative, trained in the
provisions of this regulation and the
means of complying with them, is
present. Every 2 years, the trained on-
site individual shall receive refresher
training in the provisions of this
regulation. The required training shall
include as a minimum: applicability;
notifications; material identification:
control procedures for removals
including, at least, wetting, local exhausl
ventilation, negative pressure
enclosures, glove-bag procedures, and
High Efficiency Particulate Air (HEPA)
filters; waste disposal work practices;
reporting and recordkeeping; and
asbestos hazards and worker protection.
Evidence that the required training has
been completed shall be posted and
made available for inspection by the
Administrator at the demolition or
renovation site.
(9) For facilities described in
paragraph (a)(3) of this section,
adequately wet the portion of the
facility that contains RACM during the
wrecking operation.
(10) If a facility is demolished by
intentional burning, all RACM including
Category I and Category II nonfriable
ACM must be removed in accordance
with the NESHAP before burning.
BILLING CODE 6560-50-M
-------
48422 Federal Register / Vol. 55, No. 224 / Tuesday, November 20,1990 / Rules and Regulations
HOTIFICATION OF DEMOLITION AND RENOVATION
Operator Project *
Postmark
Date Received
Notification t
TYPE OF NOTIFICATION < O-Originsi ft-Revised C-Cancelled
II. FACILITY INFORMATION ( Identify owner, removal contractor, and other operator
OWNER NAME:
Addressi
Cityi
Statet
Zip i
Contact t
Tell
REMOVAL CONTRACTOR:
AOdrecsi
City:
Statet
Cor, t art.
Zipi
Tell
OTHER OPERATOR:
Addressi
CitV!
Statei
Com act i
Zipi
Tell
III. TYPE OF OPERATION c D-D-iao 0-Crdered Demo R-Renovation B-Kroer.Renovation li
IV. IS ASBESTOS PRESENT? ( ¥es/Ho
V. FACILITY DESCRIPTION ( Include building name, number and floor or TOOK muter )
Bldg Has*:
Addresci
City i
Statei
Countyi
Site Locationi
Building S^zei
t of Floorsi
Age in Yearni
Present Usei
Prior Usei
VI*
INCI
-------
Federal Register / Vol. 55. No. 224 / Tuesday, November 20,1990 / Rules and Regulations 48423
<~mm"^m~m l~~m~~malmm~~l~*~*-—™*->*-*B-~m^mi^^m^mmmMm^^mmmi^mllailmls,
NOTIFICATION OF DEMOLITIOH AMD HEMOVATION
-------
48424 Federal Register / Vol. 55, No. 224 / Tuesday. November 20. 1990 / Rules and Regulations
9. Section 61.148 is redesignated as
§ 61.146 and is amended by revising
paragraphs (a), the introductory text of
(b), paragraph (b)(2), and paragraph (d)
to read as follows:
§61.146 Standard for spraying.
*****
(a) For spray-on application on
buildings, structures, pipes, and
conduits, do not use material containing
more than 1 percent asbestos as
determined using the method specified
in appendix A, subpart F, 40 CFR part
763, section 1, Polarized Light
Microscopy, except as provided in
paragraph (c) of this section.
(b) For spray-on application of
materials that contain more than 1
percent asbestos as determined using
the method specified in appendix A,
subpart F, 40 CFR part 763, section 1,
Polarized Light Microscopy, on
equipment and machinery, except as
provided in paragraph (c) of this section:
*****
(2) Discharge no visible emissions to
the outside air from spray-on
application of the asbestos-containing
material or use the methods specified by
§ 61.152 to clean emissions containing
particulate asbestos material before
they escape to, or are vented to, the
outside air.
« * * * * L ..
(d] Owners or operators of sources
subject to this paragraph are exempt
from the requirements of §§ 61.05(a),
61.07 and 61.09.
10. Section 61.149 is redesignated as
§ 61,147, paragraphs (b) (1) and (2) are
revised, and paragraphs (b)(3) through
(b)(8) are added to read as follows:
§61.147 Standard for fabricating.
•***•*
(b) * * *
(1] Discharge no visible emissions to
the outside air from any of the
operations or from any building or
structure in which they are conducted or
from any other fugitive sources; or
(2) Use the methods specified by
§ 61.152 to clean emissions containing
particulate asbestos material before
they escape to, or are vented to, the
outside air.
(3) Monitor each potential source of
asbestos emissions from any part of the
fabricating facility, including air
cleaning devices, process equipment,
and buildings that house equipment for
material processing and handling, at
least once each day, during daylight
hours, for visible emissions to the
outside air during periods of operation.
The monitoring shall be by visual
observation of at least 15 seconds-
duration per source of emissions.
(4) Inspect each air cleaning device at
least once each week for proper
operation and for changes that signal
the potential for malfunctions, including,
to the maximum extent possible without
dismantling other than opening the
device, the presence of tears, holes, and
abrasions in filter bags and for dust
deposits on the clean side of bags. For
air cleaning devices that cannot be
inspected on a weekly basis according
to this paragraph, submit to the
Administrator, and revise as necessary,
a written maintenance plan to include,
at a minimum, the following:
(i) Maintenance schedule.
(ii) Recordkeeping plan.
(5) Maintain records of the results of
visible emission monitoring and air
cleaning device inspections using a
format similar to that shown in Figures 1
and 2 and include the following:
(i) Date and time of each inspection.
(ii) Presence or absence of visible
emissions. .
(iii) Condition of fabric filters,
including presence of any tears, holes,
and abrasions.'
(iv) Presence of dust deposits on clean
side of fabric filters.
(v) Brief description of corrective
actions taken, including date and time.
(vi) Daily hours of operation for each
air cleaning device.
(6) Furnish upon request and make
available at the affected facility during
normal business hours for inspection by
the Administrator, all records required
under this section.
(7) Retain a copy of all monitoring and
inspection records for at least 2 years.
(8) Submit quarterly a copy of the
visible emission monitoring records to
the Administrator if visible emissions
occurred during the report period.
Quarterly reports shall be postmarked
by the 30th day following the end of the
calendar quarter.
11. Section 61.150 is redesignated as
§ 61.148 and revised to read as follows:
§61.148 Standard for Insulating materials.
No owner or operator of a facility may
install or reinstall on a facility
component any insulating materials that
contain commercial asbestos if the
materials are either molded and friable
or wet-applied and friable after drying.
The provisions of this section do not
apply to spray-applied insulating
materials regulated under § 61,146.
12. Section 61.151 is redesignated as
§ 61.149 and is amended by revising
paragraphs (a), (b), introductory text of
(c), (c)(l) (ii) and (iii), and (c)(2), and
adding new paragraphs (d) through (f) to
read as follows:
{61.149 Standard for waste disposal for
asbestos mills.
* * * . * * \. •
(a) Deposit all asbestos-containing
waste material at a waste disposal site
operated in accordance with the
provisions of ,§ 61.154; and , . •.
(b) Discharge no visible emissions to
the outside air from the transfer of
control device asbestos waste to the
tailings conveyor, or use the methods
specified by § 61.152 to clean emissions
containing particulate asbestos material
before they escape to, or are vented to,
the outside air. Dispose of the asbestos
waste from control devices in
accordance with § 61.150(a) or
paragraph (c) of this section; and
(c) Discharge no visible emissions to
the outside air during the collection,
processing, packaging, or on-site
transporting of any asbe'stos-containing
waste material, or use one of the
disposal methods specified in
paragraphs (c) (1) or (2) of this section,
as follows:
(I)*''
(ii) Discharge no visible emissions,to
the outside air from the wetting
operation or use the methods specified
by § 61.152 to clean emissions
containing particulate asbestos material
before they escape to. or are vented to,
the outside air.
*****
(iii) Wetting may be suspended when
. the ambient temperature at the waste
disposal site is less than -9.5 "C (15 °F),
as determined by an appropriate
measurement method with an accuracy
of ± 1*C (± 2 *F). During periods when
wetting operations are suspended, the
temperature must be recorded at least at
hourly intervals, and records must be
retained for at least 2 years in a form
suitable for inspection.
(2) Use an alternative emission
control and waste treatment method
that has received prior written approval
by the Administrator. To obtain
approval for an alternative method, a
written application must be submitted to
the Administrator demonstrating that
the following criteria are met:
(i) The alternative method will control
asbestos emissions equivalent to
currently required methods.
(ii) The suitability of the alternative
method for the intended application.
(iii) The alternative method will not
violate other regulations.
(iv) The alternative method will not
result in increased water pollution, land
pollution, or occupational hazards.
(d) When waste is transported by
vehicle to a disposal site:
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Federal Register / Vol. 55, No. 224 / Tuesday. November 20. 1990 / Rules and Regulations 4S425
{1} Mark vehicles used to transport
asbestos-containing waste material
during the loading and unloading of the
waste so that the signs are visible. The
markings must:
(i) Be displayed in such a manner and
location that a person can easily read
the legend.
(ii) Conform to the requirements for 51
cm X 36 cm (20 in X 14 in) upright
format signs specified in 29 CFR
1910.145[d)(4) and this paragraph; and
(iii) Display the following legend in
the lower panel with letter sizes and
styles of a visibility at least equal to
those specified in this paragraph.
Legend
DANGER
ASBESTOS DUST HAZARD
CANCER AND LUNG DISEASE HAZARD
Authorized Personnel Only
Notation
2.5 cm (1 inch) Sans Serif, Gothic or Block
2.5 cm (1 inch) Sans Serif, Gothic or Block
1.9 cm (% inch) Sans Serif. Gothic or Block
14 Point Gothic
Spacing between any two lines must
be a least equal to the height of the
upper of the two lines,
(2) For off-site disposal, provide a
copy of the waste shipment record.
described in paragraph (e){l) of this
section, to the disposal site owner or
operator at the same time as the
asbestos-containing waste material is
delivered to the disposal site.
(e) For all asbestos-containing waste
material transported off the facility site:
(1) Maintain asbestos waste shipment
records, using a form similar to that
shown in Figure 4, and include the
following information:
(i) The name, address, and telephone
number of the waste generator.
(ii) The name and address of the local.
State, or EPA Regional agency
responsible for administering the
asbestos NESHAP program.
(iii) The quantity of the asbestos-
containing waste material in cubic
meters (cubic yards).
(iv) The name and telephone number
of the disposal site operator.
(v) The name and physical site
location of the disposal site.
(vi) The date transported.
(vii) The name, address, and
telephone number of the transporterfsj.
(viii) A certification that the contents
of this consignment are fully and
accurately described by proper shipping
name and are classified, packed,
marked, and labeled, and are in all
respects in proper condition for
transport by highway according to
applicable international and government
regulations.
(2) For waste shipments where a copy
of the waste shipment record, signed by
the owner or operator of the designated
disposal site, is not received by the
waste generator within 35 days of the
date the waste was accepted by the
initial transporter, contact the
transporter and/or the owner or
operator of the designated disposal site
to determine the status of the waste
shipment.
(3) Report in writing to the local.
State, or EPA Regional office
responsible for administering the
asbestos NESHAP program for the
waste generator if a copy of the waste
shipment record, signed by the owner or
operator of the designated waste
disposal site, is not received by the
waste generator within 45 days of the
date the waste was accepted by the
initial transporter. Include in the report
the following information:
(i) A copy of the waste shipment
record for which a confirmation of
delivery was not received, and
(ii) A cover letter signed by the waste
generator explaining the efforts taken to
locate the asbestos waste shipment and
the results of those efforts.
(4) Retain a copy of all waste
shipment records, including a copy of
the waste shipment record signed by the
owner or operator of the designated
waste disposal site, for at least 2 years.
(f) Furnish upon request, and make
available for inspection fay the
Administrator, all records required
under this section.
WLUNG CODE CMfr-SMI
-------
48426 Federal Register / Vol. 55, No. 224 / Tuesday, November 20. 1990 / Rules and Regulations
Generator
Transporter |
O)
*->
•r*
I/O
to
to
0
Q.
(O
o
1. WorK site name ana mailing address Owner's name
2. Operator's name and address
3. Waste disposal site (WDS) name,
mailing address, and physical site
location
4. Name, and address of responsible
5. Description of materials
Owner's
telephone no*
Operator's
telephone no.
• • WDS
phone no.
agency
6. Containers
No. Type
7. Total quantity
m3 (yd3)
8. Special handling instructions and additional information
9. OPERATOR'S CERTIFICATION: I hereby declare that the contents of this
consignment are fully and accurately described above by proper shipping
name and are classified, packed, marked, and labeled, and are in all
respects in proper condition for transport by highway according to
applicable international and government regulations.
Printed/typed name & title
10. Transporter 1 .(Acknowledgment of
printed/typed name & title
Address and telephone no.
11. Transporter 2 (Acknowledgment of
Printed/typeo name & title
Address and telephone no.
12. Discrepancy Indication space
Signature
Month Day Year
receipt of materials)
Signature
Month Day Year
receipt of materials)
- Signature
Month Day Year
13. Waste disposal site
owner or operator: Certification of receipt of asbestos materials
covered bv this manifest exceot as noted 1n item 12.
Printed/typed name & title
Signature
Month Day Year
(Continued)
Figure 4. Waste Shipment Record
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Federal Register /Vol. 55, No. 224 / Tuesday, November 20,1990 / Rules and Regulations &64Z7
INSTRUCTIONS
Waste Generator Section (Items 1-9) '•'"...
1. Enter the name of the facility at which asbestos waste is generated and
the address where the facility is located. In the appropriate spaces,
also enter the name of the owner of the facility and the owner's phone
number.
2. If a demolition or renovation, enter the name and address of the company
and authorized agent responsible for performing the asbestos removal.
In the appropriate spaces, also enter the phone number of the operator.
3. Enter the name, address, and physical site location of the waste
disposal site (WDS) that will be receiving the asbestos materials. In
the appropriate spaces, also enter the phone number of the WDS. Enter j
"on-site" if the waste will be disposed of on the generator's property.
4. Provide the name and address of the local, State, or EPA Regional office
responsible for administering the asbestos NESHAP program.
•5. Indicate the types of asbestos waste materials generated. If from a
demolition or renovation, Indicate the amount of asbestos that is
- Friable asbestos material
- Nonfriable asbestos material
6. Enter the number of containers used to transport the asbestos materials
listed in item 5. Also enter one of the following container codes used
in transporting each type of asbestos material (specify any other type
of container used if not listed below):
DM - Metal drums, barrels
DP - Plastic drums, barrels
BA - 6 mil plastic bags or wrapping .
7. Enter the quantities of each type of asbestos material removed .in-units
of cubic meters (cubic yards).
8. Use this space to indicate special transportation, treatment, storage
or disposal or Bill of Lading information. If an alternate waste
disposal site is designated, note it here. Emergency response
telephone numbers or similar information may be included here.
9. The authorized agent of the waste generator must read and then sign
and date this certification. The date is the date of receipt by
transporter.
NOTE: The waste generator must retain a copy of this form.
-(continued)
Figure 4. Waste Shipment Record
-------
48428 Federal Register / Vol. 55. No. 224 / Tuesday, November 20,1990 / Rules and Regulations
— —• ———__^_^^___^^^_^^^^^ff^ff^M^^m^m^^^^lffm^lmm^^^^^^
I Transporter Section (Items 10 & 11)
I
10. & 11. Enter name, address, and telephone number of each transporter
used, if applicable. Print or type the full name and title of
person accepting responsibility and acknowledging receipt of
materials as listed on this waste shipment record for transport.
Enter date of receipt and signature.
NOTE: The transporter must retain a copy of this form.
Disposal Site Section {Items 12 & 13)
12. The authorized representative of the WOS must note in this space any
discrepancy between waste described on this manifest and waste actually
received as well as any improperly enclosed or contained waste, Any
rejected materials should be listed and destination of those materials
provided. A site that converts asbestos-containing waste material to
nonasbestos material is considered a WDS.
13. .The signature (by hand) of the authorized WOS agent indicates
acceptance and agreement with statements on this manifest except as
noted in Item 12. The date is the date of signature and receipt of
shipment.
NOTE: The WDS must retain a completed copy of this forra. The WDS ir.jst
also send a completed copy to the operator listed in itera 2.
Figure 4. Waste Shipment Record
BIUJNQ CODE «5*0-50-C
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Federal Register / Vol. 55. No. 224 / Tuesday. November 20. 1990 / Rules and Regulations
4842G
13. Section 61.152 is redesignated as
§ 61.150 and is revised to read as
follows:
§ 61.150 Standard for waste disposal for
manufacturing, fabricating, demolition,
renovation, and spraying operations.
Each owner or operator of any source
covered under the provisions .of
§§61.144, 61.145, 61.146, and 61.147 shall
comply with the following provisions:
(a) Discharge no visible emissions to
the outside air during the collection,
processing (in'cluding incineration),
packaging, or transporting of any
asbestos-containing waste material
generated by the source, or use one of
the emission control and waste
treatment methods specified in
paragraphs (a) (!) through (4) of this
section.
(1) Adequately wet asbestos-
containing waste material as follows:
(i) Mix control device asbestos waste
to form a slurry; adequately wet other
asbestos-containing waste material; and
(ii) Discharge no visible emissions to
the outside air from collection, mixing,
wetting, and handling operations, or use
the methods specified by § 61.152 to
clean emissions containing particulate
asbestos material before they escape to,
or are vented to, the outside air; and
(iii) After wetting, seal all asbestos-
containing waste material in leak-tight
containers while wet; or, for materials
that will not fit into containers without
additional breaking, put materials into
leak-tight wrapping: and
(iv) Label the containers or wrapped
materials specified in paragraph
(a)(l)(iii) of this section using warning
labels specified by Occupational Safety
and Health Standards of the Department
of Labor, Occupational Safety and
Health Administration (OSHA) under 29
CFR 1910.1001 (j){2) or 1926.58(k)(2)(iii).
The labels shall be printed in letters of
sufficient size and contrast so as to be
readily visible and legible.
(v) For asbestos-containing waste
material to be transported off the facility
site, label containers or wrapped
materials with the name of the waste
generator and the location at which the
waste was generated.
(2) Process asbestos-containing waste
material into nonfriable forms as
follows:
(i) Form all asbestos-containing waste
material into nonfriable pellets or other
shapes;
(ii) Discharge no visible emissions to
the outside air from collection and
processing operations, including
incineration, or use the method specified
by § 61.152 to clean emissions
containing particulate asbestos material
before they escape to, or are vented to,
the outside air.
(3) For facilities demolished where the
RACM is not removed prior to
demolition according to §§ 61.145(c)(l)
(i), (ii), (iii), and (iv) or for facilities
demolished according to § 61.145(c){9),
adequately wet asbestos-containing
waste material at all times after '
demolition and keep wet during
handling and loading for transport to a
disposal site. Asbestos-containing waste
materials covered by this paragraph do
not have to be sealed in leak-tight
containers or wrapping but may be
transported and disposed of in bulk.
(4) Use an alternative emission
control and waste treatment method
that has received prior approval by the
Administrator according to the
procedure described in § 61.149(c)(2).
(5) As applied to demolition and
renovation, the requirements of
paragraph (a) of this section do not
apply to Category I nonfriable ACM
waste and Category n nonfriable ACM
waste that did not become crumbled,
pulverized, or reduced to powder.
(b) All asbestos-containing waste
material shall be desposited as soon as
is practical by the waste generator at:
(1) A waste disposal site operated in
accordance with the provisions of
§ 61.154, or
(2) An EPA-approved site that
converts RACM and asbestos-
containing waste material into
nonasbestos (asbestos-free) material
according to the provisions of § 61.155.
(3) The requirements of paragraph (b)
of this section do not apply to Category I
nonfriable ACM that is not RACM.
(c) Mark vehicles used to transport
asbestos-containing waste material
during the loading and unloading of
waste so that the signs are visible. The
markings must conform to the
requirements of f § 61.149(d)(l) (i), (ii), ,
and (iii).
(d) For all asbestos-containing waste
material transported off the facility site:
(1) Maintain waste shipment records,
using a form similar to that shown hi
Figure 4, and include the following
information:
(i) The name, address, and telephone
number of the waste generator.
(ii) The name and address of the local,
State, or EPA Regional office
responsible for administering the
asbestos NESHAP program.
(iii) The approximate quantity in cubic
meters (cubic yards).
(iv) The name and telephone number
of the disposal site operator.
(v) The name and physical site
location of the disposal site.
(vi) The date transported.
(vii) The name, address, and
telephone number of the transporter(s).
(viii) A certification that the contents
of this consignment are fully and
accurately described by proper shipping
name and are classified, packed,
marked, and labeled, and are in all
respects in proper condition for
transport by highway according to
applicable international and government
regulations.
(2) Provide a copy of the waste
shipment record, described in paragraph
(d)(l) of this section, to the disposal site
owners or operators at ,the same time as
the asbestos-containing waste material
is delivered to the disposal site.
(3) For waste shipments where a copy
• of the waste shipment record, signed by
the owner or operator of the designated
disposal site, is not received by the
waste genera tor'within 35 days of the
date the waste-was accepted by the
initial transporter, contact the
transporter and/or the owner or
operator of the designated disposal site
to determine the status of the waste
shipment.
(4) Report in writing to the local,.
State, or EPA Regional office
responsible for administering the
asbestos NESHAP program for the
waste generator if a copy of the waste
shipment record, signed by the owner or
operator of the designated waste
disposal site, is not received by the
waste generator within 45 days of the
date the waste was accepted by the
.initial transporter. Include in the report
the following information:
(i) A copy of the waste shipment
record for which a confirmation of
delivery was not received, and
(ii) A cover letter signed by the waste
generator explaining the efforts taken to
locate the asbestos waste shipment and
the results of those efforts.
(5) Retain a copy of all waste
shipment records, including a copy of
the waste shipment record signed by the
owner or operator of the designated
waste disposal site, for at least 2 years.
(e) Furnish upon request, and make
available for inspection by the
Administrator, all records required
under this section.
14. Section 61.153 is redesignated as
S 61.151 and is amended by revising the
introductory text, paragraphs (a)(2),
(a)(4), and (b)(3), and adding paragraphs
(d) and (e) to read as follows:
§61.151 Standard for inactive waste
disposal sites for asbestos mills and
manufacturing and fabricating operations.
Each owner or operator of any
inactive waste disposal site that was
operated by sources covered under
-------
Federal Register /
224
199° / Rules and Regulations
§§ 61.142.61.144, or 61.147 and received
deposits of asbestos-containing waste
material generated by the sources, shall:
(a) • • •
(2) Cover the asbestos-containing
waste material with at least IS
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-containdpg
waste material In desert areas where
vegetation would be difficult to
maintain, at least 6 additional
centimeters (3 inches) of well-graded,
nonasbestofi crushed rock may be
placed on top of the final cover instead
of vegetation and maintained to prevent
emissions; or
*****
(4) For inactive waste disposal sites
for asbestos tailings, a resinous or
petroleum-based duit suppression agent
that effectively binds dust to control
surface air emissions may be used
instead of the methods in paragraphs (a)
(1), (2), and (3) of this section. Use the
agent in the manner and frequency
recommended for the particular
asbestos tailings by the manufacturer of
the dust suppression agent to achieve
and maintain dust control. Obtain prior
written approval of the Administrator to
use other equally effective dust
suppression agents. For purposes of this
paragraph, any used, spent, or other
waste oil is not considered a dust
suppression agent.
(b) • • •
(3) When requesting a determination
on whether a natural barrier adequately
deters public access, supply information
enabling the Administrator to determine
whether a fence or a natural barrier
adequately deters access by the general
public.
• • • » : *
(d) Notify the Administrator in writing
at least 45 days prior to excavating or
otherwise disturbing any asbestos-
containing waste material that has been
deposited at a waste disposal site under
this section, and follow the procedures
specified in the notification. If the
excavation will begin on a date other
than the one contained in the original
notice, notice of the new start date must
be provided to the Administrator at
least 10 working days before excavation
begins and in no event shall excavation
"begin earlier than the date specified in
the original notification. Include the
following information in the notice:
(1) Scheduled starting and completion
dates.
1 (2) Reason for disturbing the waste.
(3) Procedures to be nsed to control
emissions during the excavation.
storage, transport, and ultimate disposal
of the excavated asbestos-containing
waste material. If deemed necessary, the
Administrator may require changes in
the emission control procedures to be
used.
(4) Location of any temporary storage
site and the final disposal site.
(e) Within 60 days of a eke becoming
inactive and after the effective date of
this subpart, record, in accordance with
State law, a notation on the deed to the
facility property and on any other
instrument that would normally be
examined during a title search; this
notation will in perpetuity notify any
potential purchaser of the property that:
(1) The land has been used for the
disposal of asbestos-containing waste
material;
(2) The survey plot and record of the
location and quantity of asbestos-
containing waste disposed of within the
disposal site required in § 61.154(1) have
been filed with the Administrator; and
(3} The site is subject to 40 CFR part
61, fiuhpart M.
15. Section 61.154 is redeslgnated as
§ 61.152 and amended by removing
paragraph (a)(l){i), redesignating
paragraphs (aj(l)[HH»v) as paragraphs
(a)(l)(iHiii), redesignating paragraph
(b)(2) as paragraph fb){3), revising the
introductory text of paragraph (a) and
paragraphs (b)(l) and (b)[3), and adding
paragraphs (a)(3) and {bjl2) to read as
follows:
§61.152 AJrctearang.
(a) The owner or operator who uses
eir cleaning, as specified in §§ 61.142(3),
61.144fb){2), 81 345(cH3XiXB}(2j,
61.145{cK4Kii). 61-145(cHllKi).
61.148(b)(2), 81.147(bM2),
61.150(aX2Hii), and 61J55{e) shall:
* * * * *
(3) For fabric filter collection devices
installed after January 10, 1989, provide
for easy inspection for faulty bags.
{b) - * * ^
(1) After January 10, 1988. if the use of
fabric creates « fire or explosion hazard,
or the Administrator determines thai a
fabric fitter is not feasible, the
Administrator may authorize as e
substitute the use of wet collectors
designed to operate vrith a unit
contacting energy of at least fl.55
kilopascals (40 inches water gage
pressure).
(2) Use a HEP A fitter that n certified
to be at least 99.97 percent efficient for
0.3 micron particles.
(3) The Administrator may authorize
the use of filtering equipment other than
described in paragraphs (a Hi 5 and (b)(l)
and (2) of this section if the owner or
operator demonstrates to the
Administrator's satisfaction thai it is
equivalent to the described equipment in ]
filtering particulate asbestos material.
16. Section 61.155 is redesignated as
§ 61.153 and amended by redesignating
paragraphs {a)(3) and (a)(4) as
paragraphs (a)[4) and (a)(5),
respectively, revising the introductory
text of paragraphs (a), (a){4), and (a)(5)
and revising paragraphs {a)I2). (a)[4)[ii)
and (iii), and (b), and adding paragraph
(a)(3j to read as follows:
§<51.iS3 flvpfflrting-
(a) Any new source to which this
subpart applies (with the exception of
sources subject to iS 61.143, 61.146, and
61.148), which has an initial startup date
preceding the effective date of this
revision, shall provide the following
information to the Administrator
postmarked or delivered within 90 days
of the effective date. In the case of a
new source that does not have an initial
startup date preceding the effective
date, the information shall be provided,
postmarked or delivered, within 90 days
of the initial startup date. Any owner or
operator of an existing source shall
provide the following information to the
Administrator within 90 days of the
effective date of this subpart unless the
owner or operator of the existing source
h&8 previously 'provided this information
to the Administrator. Any changes in the
information provided by any existing
source shall be provided to the
Administrator, postmarked or delivered,
within 30 days after the change.
*****
(2) If a fabric filter device is used to
control emissions,
(i) The airflow permeability in m8/
unn/m* (rV/min/ft1) if the fabric filter
device uses a woven fabric, and, if the
fabric is synthetic, whether the Till yam
is span or not spun; and
(ii) If the fabric filter device uses a
felted fabric, the density in g/m* (oz/
yd2), the minimum thickness in
millimeters (inches), and the airflow
permeability hrm'/min/m2 (tV/min/
ft2).
f3) If a HEPA filter is used to control
emissions, the certified efficiency.
{4) For sources subject to IS 61.149
and 61.150:
• * * » *
(ii) The average volume of asbestos-
coataining waste material disposed of,
measured in ms/day (yds/day); and
(in) The emission control methods
used in all stages of waste disposal; and
* * * * *
{5} For sources subject to §§ 61.151
and 61.154:
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Register / Vol. 55, No. 224 / Tuesday, November 20, 1990 / Rules and Regulations 4Q431
(b) The information required by
paragraph (a) of this section must
accompany the information required by
I 61.10. Active waste disposal sites
subject to § 61.154 shall also comply
with this provision. Roadways,
demolition and renovation, spraying,
end insulating materials are exempted
fiom the requirements of § 61.10(a). The
information described in this section
must be reported using the format of
Appendix A of this part as a guide.
17. Section 61.156 is redesignated as
§ 61.154 and amended by revising the
introductory text of § 61.154. paragraphs
(r) and (d), and adding paragraphs (e)
through (j} to read as follows:
§61.154 Standard for active waste
disposal sites.
Each owner or operator of an active
w aste disposal site that receives
asbestos-containing waste material from
a source covered under § § 61.149, 61.150.
or 61.155 shall meet the requirements of
thfs section:
> * * * *
{(.•} Rather than meet the no visible
emission requirement of paragraph fa) cf
this section, at the end of each operating
d<;. cr at least once even- 24-hcar
period while the site is in continuous
opero'.ion. the asbesios-contairjng
VNaste material that has been deposited
at the site daring the operating day or
previous 24-hour period shall:
(1) Be covered with at least 15
centimeters (6 inches) of compacted
nonasbestos-containing material, or
(2) Be covered with a resinous or
petroleum-based dust suppression agent
that effectively binds dust and controls
wind erosion. Such an agent shall be
t.sed in the manner and frequency
recommended for the particular dust by
the dust suppression agenf manufacturer
to achieve and maintain dust control.
Other equally effective dust suppression
pgents may be used upon prior approval
bv the Administrator. For purposes of
this paragraph, any used, spent, or other
waste oil is not considered a dust
suppression agent.
(d) Rather than meet the no visible
emission requirement of paragraph {a} of
this section, use an alternative
emissions control method that has
received prior written approval by the
Administrator according to the
procedures described in § 61.149(c)(2).
(e) For all asbestos-containing waste
niaterial received, the owner or operator
of the active waste disposal site shall:
(1) Maintain waste shipment records.
using a form similar to that shown in
Figure 4, and include the following
information:
('} The name, address, and telephone
ruimber of the waste generator.
(ii) The name, address, and telephone
number of the transporters).
(iii) The quantity of the asbestos-
containing waste material in cubic
meters (cubic yards).
(iv) The presence of improperly
enclosed or uncovered waste, or any
asbestos-containing waste material not
sealed in lead-tight containers. Report in
writing to the local. State, or EPA
Regional office responsible for
administering the asbestos NESHAP
program for the waste generator
(identified in the waste shipment
record}, and, if different, the local. State,
or EPA Regional office responsible for
administering the asbestos NESHAP
program for the disposal site, by the
following working day, the presence of a
significant amount of improperly
enclosed or uncovered waste. Submit a
copy of the waste shipment record along
with the report
(v) The date of the receipt
(2) As soon as possible and no longer
than 30 days after receipt of the waste,
send a copy of the signed waste
shipment record to the waste generator.
(3) Upon discovering a discrepancy
between the quantity of waste
designated on the waste shipment
records and the quantity actually
received, attempt to reconcile the
discrepancy with the waste generator, if
the discrepancy is not resolved within
15 days after receiving the waste,
immediately report in writing to the
local State, or EPA Regional office
responsible for administering the
asbestos NESHAP program for the
waste generator (identified in the waste
shipment record), and, if different, the
local, State, or EPA Regional office
responsible for administering the
asbestos NESHAP program for the
disposal site. Describe the discrepancy
and attempts to reconcile it and submit
a copy of the waste shipment record
along with the report
(4) Retain a copy of all records and
reports required by this paragraph for at
least 2 years.
(f) Maintain, until closure, records of
the location, depth and area, and
quantity in cubic meters (cubic yards) of
asbestos-containing waste material
within the disposal site on a map or
diagram of the disposal area.
(g) Upon closure, comply with all the
provisions of § 61.151.
(h) Submit to the Administrator, opon
closure of the facility, a copy of records
of asbestos waste disposal locations
and quantities.
(i) Furnish upon request, and make
available during normal business hours
for inspection by the Administrator, all
records required under this section.
(j) Notify the Administrator in writing
at least 45 days prior to excavating or
otherwise disturbing any asbestos-
containing waste material that has been
deposited at a waste disposal site and is
covered, if the excavation will begin on
a date other than the one contained in
the original notice, notice of the new
start date must be provided to the
Administrator at least 10 working days
before excavation begins and in no
event shall excavation begin earlier than
the date specified in the original
notification. Include the following
information in the notice:
(1) Scheduled starting and completion
dates.
(2) Reason for disturbing the waste.
(3) Procedures to be used to control
emissions during the excavation,
storage, transport, and ultimate disposal
of the excavated asbestos-containing
waste material. If deemed necessary, tha
Administrator may require changes in
the emission control procedures to be
used.
(4) Location of any temporary storage
site and the final disposal site.
18. Section 61.155 is added to s-ubpart
M to read as follows:
§61.155 Standard for operations thai
convert asbesto-coniaining waste material
into nonasbestos (asbestos-free) material.
Each owner or operator of an
operation that converts RACM and
asbestos-containing waste material into
nonasbestos (asbestos-free) material
shall:
(a) Obtain the prior written approval
of the Administrator to construct the
facility. To obtain approval, the owner
or operator shall provide the
Administrator with the following
information:
(1) Application to construct pursuant
to f 61.07.
(2) In addition to the information
requirements of 5 61.07(b)(3). a
(0 Description of waste feed handling
and temporary storage.
(ii) Description of process operating
conditions.
(iii) Description of the handling and
temporary storage of the end product.
(iv) Description of the protocol to be
followed when analyzing output
materials by transmission electron
microscopy.
(3) Performance test protocol,
including provisions for obtaining
information required under paragraph
(b) of this section.
(4) The Administrator may require
that a demonstration of the process be
performed prior to approval of the
application to construct.
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48432 Federal Register /Vol. 55, No. 224 /Tuesday, November 20, 1990 / Rules and Regulations
(b) Conduct a start-up performance
test. Test results shall include:
(1) A detailed description of the types
and quantities of nonasbestos material,
RACM, and asbestos-containing waste
material processed, e.g., asbestos
cement products, friable asbestos
insulation, plaster, wood, plastic, wire.
etc. Test feed is to include the full range
of materials that will be encountered in
actual operation of the process.
(2) Results of analyses, using
polarized light microscopy, that
document the asbestos content of the
wastes processed.
(3) Results of analyses, using
transmission electron microscopy, that
document that the output materials are
free of asbestos. Samples for analysis
are to be collected as 8-hour composite
samples (one 200-gram (7-ounce) sample
per hour), beginning with the initial
introduction of RACM or asbestos-
containing waste material and
continuing until the end of the
performance test.
(4) A description of operating
parameters, such as temperature and
residence time, defining the full range
over which the process is expected to
operate to produce nonasbestos
(asbestos-free) materials. Specify the
limits for each operating parameter
within which the process will produce
nonasbestos (asbestos-free) materials.
(S) The length of the test.
(c) During the initial 90 days of
operation,
(1) Continuously monitor and log the
operating parameters identified during
start-up performance tests that are
intended to ensure the production of
nonasbestos (asbestos-free) output
material.
(2) Monitor input materials to ensure
that they are-consistent with the test
feed materials described during start-up
performance tests in paragraph (b)(l) of
this section.
(3) Collect and analyze samples, taken
as 10-day composite samples (one 200-
gram (7-ounce) sample collected every 8
hours of operation) of all output material
for the presence of asbestos. Composite
samples may be for fewer than 10 days.
Transmission electron microscopy
(TEM) shall be used to analyze the
output material for the presence of
asbestos. During the initial 90-day
period, all output materials must be
stored on-site until analysis shows the
material to be asbestos-free or disposed
of as asbestos-containing waste
material according to § 61.150.
(d) After the initial 90 days of
operation,
(1) Continuously monitor and record
the operating parameters identified
during start-up performance testing and
any subsequent performance testing.
Any output produced during a period of
deviation from the range of operating
conditions established to ensure the
production of nonasbestos (asbestos-
free) output materials shall be:
(i) Disposed of as asbestos-containing
waste material according to § 61.150, or
(ii) Recycled as waste feed during
process operation within the established
range of operating conditions, or
(iiij Stored temporarily on-site in a
leak-tight container until analyzed for
asbestos content. Any product material
that is not asbestos-free shall be either
disposed of as asbestos-containing
waste material or recycled as waste
feed to the process.
(2) Collect and analyze monthly
.composite samples (one 200-gram (7-
ounce) sample collected every 8 hours of
operation) of the output material.
Transmission electron microscopy shall
be used to analyze the output material
for the presence of asbestos.
(e) Discharge no visible emissions to
the outside air from any part of the
operation, or use the methods specified
by § 61.152 to clean emissions
containing particulate asbestos material
before they escape to, or are vented to,
the outside air.
(f) Maintain records on-site and
include the following information:
(1) Results of start-up performance
testing and all subsequent performance
testing, including operating parameters,
feed characteristic, and analyses of
output materials.
(2) Results of the composite analyses
required during the initial 90 days of
operation under § 61.155(c).
(3) Results of the monthly composite
analyses required under § 61.155(d).
(4) Results of continuous monitoring
and logs of process operating
parameters required under § 61.155 (c)
and (d).
(5) The information on waste
shipments received as required in
§ 61.154(e).
(6) For output materials where no
analyses were performed to determine
the presence of asbestos, record the
name and location of the purchaser or
disposal site to which the output
materials were sold or deposited,, and
the date of sale or disposal.
(7) Retain records required by
paragraph (f) of this section for at least 2
years. •
(g) Submit the following reports to the
Administrator:
(1) A report for each analysis of
product composite samples performed
during the initial 90 days of operation.
(2) A quarterly report, including, the
following information concerning
activities during each consecutive 3-
month period:
(i) Results of analyses of monthly
product composite samples.
(ii) A description of any deviation
from the operating parameters
established during performance testing
the duration of the deviation, and steps
taken to correct the deviation.
(iii) Disposition of any product
produced during a period of deviation,
including whether it was recycled,
disposed of as asbestos-containing
waste material, or stored temporarilj
on-site until analyzed for asbestos
content.
(iv) The information on waste
disposal activities as required in
§ 61.154(f).
(h) Nonasbestos (asbestos-free) output
material is not subject to any of the
provisions of this subpart. Output
materials in which asbestos is detected.
or output materials produced when the
operating parameters deviated from
those established during the start-up
performance testing, unless shown by
TEM analysis to be asbestos-free, shall
be considered to be asbestos-containing
waste and shall be handled and
disposed of according to §§ 61.150 and
61.154 or reprocessed while all of the
established operating parameters are
being met. '
19. Section 61.156 is added to subpart
M to read as follows:
§61.156 Crow-reference to other
ttbmtos regulations.
In addition to this subpart, the
regulations referenced in Table 1 also
apply to asbestos and may be applicable
to those sources specified in §§ 61.142
through 61.151, 61.154, and 61.155 of this
subpart These cross-references are
presented for the reader's information
and to promote compliance with the
cited regulations.
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Federal Register / Vol. 55. No. 224 / Tuesday. November 20. 1990 / Rules and Regulations 46433
20. Section 61.157 is added to subpari
M to read as follows:
§ 61.157 Delegation of authority.
(a) In delegating implementation and
enforcement authority to a State under
section 112(d) of the Act, the authorities
contained in paragraph (b) of this
section shall be retained by the
Administrator and not transferred to a
State.
(b) Authorities that will not be
delegated to States:
(1) Section 61.149(c}(2)
(2) Section 6l.150(a)(4)
(3) Section 61.151(c)
(4) Section 61.152(b}(3)
(5) Section 61.154(d)
(6) Section 61.155(a).
|FR Doc. 90-26835 Filed 11-19-90; 8:45 «m]
BILUNO CODE «560-SO-M
TABLE 1.—CROSS-REFERENCE TO OTHER ASBESTOS REGULATIONS
Agency
CFR citation
Comment
EPA
OSHA
WSHA
DOT
40 CFR 763, Subpart E. F..
40 CFR 427
40 CFR 763, Subpart G..
29 CFR 1910.1001
29 CFR 1926.58
30 CFR 66, Subpart D..
30 CFR 57, Subpart D..
49 CFR 171 and 172....
Requires schools to inspect lor asbestos and Implement response actions and
submit asbestos management plans to States. Specifies use ot accredited
inspectors, air sampling methods, and waste disposal procedures.
Effluent standard* (or asbestos manufacturing source categories.
Protects public employees performing asbestos abatement work in States not
covered by OSHA asbestos standard.
Worker protection measures—engineering controls, worker training, labeling, respi-
ratory protection, bagging of waste, 0.2 f/cc permissible exposure level.
Worker protection measures for all construction work Involving asbestos, Including
demolition and renovation—work practices, worker training, bagging oi waste, 0.2
f/cc perraissfcle exposure level.
Specifies exposures limits, engineering controls, and respiratory protection meas-
ures for workers in surface mines.
Specifies exposure brats, engineering controls, and respiratory protection measutes
for workers in underground mines.
Regulates the transportation of asbestos-containing waste material. Requires waste
containment and sWpping papers.
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APPENDIX B
RESPIRATORY PROTECTION SELECTION CHECKLIST
B-l
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B-2
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RESPIRATORY PROTECTION SELECTION CHECKLIST
NO RESPIRATORY PROTECTION REQUIRED:
Outside Containment*
Inspection is taking place in office areas or other areas outside the
barrier. All barrier seals are intact and all envelope entrances must
have at least a double barrier. No potentially asbestos-containing dust
or debris is present on any surface in the area.
Secondary containment is in place when glove-bagging is used. The
secondary containment enclosure must be complete.
Materials removed from the envelope have been cleaned and the
pathway for removal of bags and equipment is clear and clean.
All ventilation systems in the envelope are off and sealed.
• Wet methods are being used.
*If all applicable conditions above are affirmed, inspectors need not use respiratory
protection.
Inside Containment
The restricted area has already passed an appropriate clearing test
(minimum of aggressive sampling with a concentration below 0.01 f/cc
by PCM); or
No removal work has begun and all ACM is intact, undisturbed,
undamaged and no debris is present.
RESPIRATORY PROTECTION REQUIRED
Air Purifying Respirators (Full-face air-purifying or PAPR) Required
Outside Containment
Workers are wearing air-purifying respirators; or
The barrier is not complete; or
Asbestos-containing debris is present.
B-3
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Inside Containment
• The work operation is in compliance with the OSHA asbestos
standard; or
• No active removal or disturbances have occurred in the previous 24-
hour and the inspection will not disturb ACM.
Supplied Air Respirators (SCBA operated in the pressure-demand mode)
The work operation is not in compliance with the OSHA asbestos
standard; or
• Materials being removed cannot be properly wetted or removal
generates significant amounts of dust; or
Monitoring data show levels in excess of 2.0 f/cc and the inspection
may last more than 2-hours; or
Others at the site are wearing supplied-air respirators.
B-4
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APPENDIX C
FIELD INSPECTION CHECKLISTS
C-l
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C-2
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APPENDIX C-l
ASBESTOS NESHAP
DEMOLITION AND RENOVATION
INSPECTION EQUIPMENT CHECKLIST
General Inspection Equipment
Employee I.D.
Copy of regulation
Field notebook
Pens/pencils
Inspection checklist
Camera/flash (preferably waterproof)
Waterproof flashlight
Tape measure
Plastic clipboard
Duct tape
Disposable towels
Plastic sheets
Safety Equipment
Full-facepiece air-purifying negative pressure respirator
PAPR (tight-fitting)
SCBA (pressure demand type)
Respirator cartridges
Disposable full-body coveralls
Disposable boots
Hard hat
Safety glasses
Safety shoes
Ear protection
Asbestos waste bags (preferably 6 mil)
Bathing suit
Disposable towels
C-3
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Sampling Equipment
Sample containers
Water spray bottle
Duct tape
Tamperproof tape
Tools (locking blade pen knife, slotted screwdriver,
needle-nose pliers)
Plastic drop cloths
Wet wipes
Reclosable quart- and gallon-size plastic bags
Sample labels
Spray paint
Shipping supplies
Chain-of-custody forms
Waterproof markers
Glove bags
Surfactant
Bathroom caulking
C-4
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APPENDIX C-2
FACILITY INSPECTION CHECKLIST
C-5
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C-6
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I.
ASBESTOS DEMOLITION AND RENOVATION (D/R)
FIELD DATA COLLECTION CHECKLIST
GENERAL INFORMATION
Site Name:_
Location:
Date of inspection:.
Weather conditions:
Inspector(s):_
Time of inspection:
Notification Received?
Reason for Inspection^
Yes (date):_
No:
Routine Compliance Inspection Citizen complaint
Suspected Non-notifier State Oversight/Joint
Other (explain
II.
REMOTE OBSERVATIONS
Using the space provided, draw a sketch of the suspected abatement area. Draw the building
or other source of suspect ACM, waste storage area(s), location(s) of debris, land use
surrounding site, vehicles of importance, etc. Estimate and indicate dimensions and distances
as accurately as possible on the drawing.
C-7
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REMOTE OBSERVATION SKETCH
Yes No
1. Visible emissions to the outside air?
If yes, describe specific location (e.g., door, window,
waste storage area, etc.) referring to remote observation
sketch.
Yes No
2. Suspect ACM debris observed outside removal area?
If yes, describe [e.g., location, estimated quantity,
condition (intact? crushed? wet? dry?)]
C-8
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3. Are vehicles being used to haul suspect ACWM
properly marked? [61.150(c)]
4. Land use surrounding site (i.e., residential,
schools, businesses, etc.):
Yes No
a. Distance to the closest residence/public
building from the D/R site:
b. Number of residences or occupied buildings
on adjacent properties or lots:
c. Distance to pedestrian walkway, street, or
thoroughfare from site:
d. Additional information indicating potential
public exposure:
5. Building/Structure Information
Use (office, retail, industry, school, etc.):
a.
b.
Brief physical description of building involved in D/R (number of floors,
dimensions, etc.):
c.
Year constructed:
Year(s) renovated:
C-9
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PRE-INSPECTION INTERVIEW
1. Credentials shown:
Yes No
agency identification
medical monitoring certification ,
Name and position of person being interviewed (include company name):
3. Establish identity of owner/operator(s):
a. Owner name:
b. Main contact person and title:,
c. Mailing address:
City
d. Telephone number:_
State
Zip Code
(area code)
4. Describe any changes/modifications/discrepancies to the information provided in the
notification:
5. Prime Contractor (provide the following information for each contractor related to the
D/R job):
i -
a. Company name:
b. Main contact person and title:
C-10
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c.
Mailing address:.
City
d. Telephone number:
e.
State
(area code)
Contractor's responsibilities at job:
Zip Code
f. Number of employees involved in job: _._
g-
h.
Number of on-site employees trained in asbestos removal:
Name of Supervisor (if different from 5b.):
i. What type of asbestos training has the supervisor had?_
6. On-site Representative
a.
If applicable, name of on-site representative who has had required training in
the provisions of the NESHAP regulation (effective 1 year after promulgation
of the revised NESHAP):
b. Is evidence regarding this individual's training posted and available for
inspection at the demo/reno site? Yes No N/A
7. Subcontractors [Provide the following information for each subcontractor or any other
party onsite (e.g., hygienist, consultant, etc.) who controls or supervises the D/R
project.]
a.
b.
Company name:
Main contact person and title:
C-ll
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c. Mailing address:
City
d. Telephone number:
State
Zip Code
(Area Code)
e.
f.
g-
Responsibilities at job:
Number of employees involved in job:
Number of on-site employees trained in asbestos removal:
h. Name of supervisor: ; •__
i. What type of asbestos training has the supervisor had?
8. Activity Description:
Yes No
a. Is more than one project occurring at the facility? ;
(If yes, complete a separate checklist for each or differentiate accordingly.)
b. Type of activity:
Demolition Ordered Demolition Planned renovation
Nonscheduled Operation Emergency Renovation
c. Describe the project and indicate its current phase:
C-12
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d. Describe type of abatement occurring (e.g., removal, encapsulation, etc.):
e. Abatement starting date:
IV. SITE INSPECTION OBSERVATIONS
A. Types of Suspect ACM
Insulation
Pipe insulation (felt, air cell, premolded, asbestos cement)
Block insulation
Surfacing Materials
Plaster Spackling compound
Stucco
Joint compound Sprayed-on (acoustical, decorative or insulative)
Miscellaneous
Ceiling tiles Acoustical tiles
Category I Nonfriable ACM
Packings Gaskets Asphalt roofing products
Resilient floor coverings (vinyl/asbestos tile, asphalt/asbestos tile, linoleum
Category II Nonfriable ACM
Extrusion panels Clapboards/shingles Millboard
Vinyl wallpaper Pegboard Putties
Sealants Adhesives (mastics) Concrete/asbestos pipe
Paints and coatings
C-13
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B.
Textiles (fire blankets, laboratory aprons, theater and welding curtains, gloves)
Laboratory benchtops
Other (Specify)
Quantity Determination [61.145(a)]
Complete Attachment A (Quantification of ACM) and the following:
1. Linear footage of ACM present on pipes:
2. Square footage of ACM present on other facility components:
3. Amount of ACM off facility components where the amount of ACM previously
on pipes and other facility components is unknown:
4. Method of measuring or estimating amount of ACM present:
Yes No N/A
C. Emission Control Procedures [61.145(c)]
1. Facility ordered demolished (removal not required):
If "yes",
a. Governmental agency ordering demolition:
b. Portion of facility containing ACM adequately wet during
wrecking?
C-14
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Yes No N/A
c.
Visible dust emissions:
2. Category I nonfriable ACM not in poor condition and
not friable? (removal not required)
3. Encased in concrete (removal not required):
If "yes", adequately wetted whenever exposed during
demolition?
4. ACM not discovered until after demolition began and
cannot be safely removed (removal not required)
If "yes", adequately wet at time of inspection?
5. Category II nonfriable with low probability of becoming
crumbled, pulverized or reduced to a powder during
demolition? (removal not required)
6. Unit/section removal:
If "yes",
a. ACM adequately wet whenever exposed?
b. Lowered to floor and ground level without disturbing
ACM? _
7. Stripping in place?
If "yes",
a.
b.
c.
ACM adequately wet while being stripped and until
collected and contained or treated in preparation for
disposal?
Carefully lowered to floor or ground? _
Transported to ground via leak-tight chutes or
containers if removed or stripped >50 feet above
ground level and not removed as units or in
sections?
C-15
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Yes No N/A
Temperature at point of wetting below 32°F?
If "yes",
a. Regulated facility components being removed as units
or sections? ^_
b. Visible emissions to the outside air? _
c. Required records kept regarding cessation of
wetting? __
d. Records available for inspection:
Has the owner/operator been granted an exemption
from wetting?
a. Reason for exemption • ..
b. Who granted the exemption?
c. Is one of the following emission control techniques
in use? .
Local exhaust ventilation and collection system
Glove-bag system
Leak-tight wrapping
Equivalent approved method (with approval kept at
the worksite)
d. Are there visible emissions to the outside air?
C-16
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Yes No N/A
10. Is the facility being demolished by intentional
burning?
If "yes", has all ACM (including Categories I and II) been
removed before burning?
11. Is Category I nonfriable ACM being sanded, ground or
abraded?
If "yes",
a. Are visible emissions produced?
b. Is the ACM adequately wet?
c. Is a local exhaust and ventilation and collection
system being used?
12. Are large facility components being removed without
the ACM being stripped?
If "yes",
a.
Is the ACM being disturbed or damaged in
any way?
b. Is the component encased in a leak-tight
wrapping labeled appropriately during all
loading and unloading operations and
during storage?
D. Evaluation of Wetting
1. Is there a water or wetting agent supply?
2. What equipment is used to apply it?
C-17
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Yes No N/A
Is water or a wetting agent observed being sprayed on
suspect ACM during:
a.
removal of units or sections?
b. stripping?
c. government-ordered demolitions?
Is there visible dust (airborne or settled), or dry
suspect ACM or ACWM debris in the immediate vicinity
of the operation?
Upon examination of some removed ACM, does the full
depth of the ACM appear to have been wetted?
Describe how the ACM changes when it is wetted (e.g.,
color, texture, weight, etc.):
7. Is ACM awaiting containerization adequately wet
throughout?
If not, describe:
Is ACM in bags or other containers adequately wet? (follow sampling
procedures detailed in "Asbestos NESHAP Demolition and Renovation
Inspection Procedures Field Manual")
If not, describe:
9. Are there any open or ripped waste bags in the waste
storage area?
How many?
Are the contents of these bags adequately wet?
C-18
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Yes No N/A
E. Waste Disposal (61.150)
1. Are there visible emissions to the outside air? __
2. Is there any suspect ACM dust or debris on the
ground?
If yes, describe the quantity and location of the material and collect samples
for analysis (sketch and photograph as necessary): ' • .•
3. Is the owner/operator choosing an alternative to the
"no visible emission" standard?
If yes, which of the following options is in use?
Treat with water and put into leak-tight,
labeled containers:
Is the ACM adequately wet?
Are the containers leak-tight?
Are the containers properly labeled?
; Process into nonfriable forms
. Alternative method approved by Administrator
Description of alternative method:
C-19
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Yes No N/A
Approving agency:
Name and title of approving official:
6.
7.
8.
Is ACWM being generated during an ordered demolition or
demolition where ACM is not required to be removed?
If "yes", is the ACWM kept:
a. adequately wet after demolition?
b. wet during handling and loading for transport to a
disposal site? __
(sealing in leak-tight containers or wrapping not
required - may be transported and disposed of in bulk)
Are containers of ACWM destined for off-site transport
labeled with the name of the waste generator and the
location of its generation? _•
Is all ACWM (excluding Category I Nonfriable in good
condition) disposed of properly as soon as is practical?
Are vehicles used in the transport of ACWM marked
appropriately during loading and unloading?
Waste Shipment Records
The following information may not be available onsite:
a. Are appropriate waste shipment records
maintained?
b. Has a signed copy of the waste shipment record
been received by the generator from the waste
disposal facility within 35 days?
C-20
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Yes No N/A
c.
e.
f.
If such a signed copy has not been receiveds has
the status of the ACWM been determined? _^
Has the generator notified EPA in writing within 45
days if a signed copy of the waste shipment record
has not been received from the disposal facility? ^
Are copies of all waste shipment records (including
the signed copy sent by the disposal facility)
maintained for 2 years? ^_
Comments:
Whenever a violation of the asbestos NESHAP is suspected, document occurrence in field
notes and with photographs and take samples as needed to prove ACM was involved. Use
Attachment B for documenting sample information and Attachment C for documenting
photograph information.
V. OSHA REQUIREMENTS
Containment Barrier? __ __
Respiratory Protection?
Glove Bag? _
Secondary containment in place where glove bags are used?
Decontamination unit? __
Signs posted? ^_
Estimated size of containment area:
Number and cfm rating of local exhaust ventilation units:
C-21
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Hygienist company:
On-site representative:
VI. POST INSPECTION INTERVIEW
Summary of Recommendations/Discussion with Owner/Operator:
VII. ADDITIONAL COMMENTS
Inspector Signature
Date
C-22
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APPENDIX C-3 •••--•
LANDFILL INSPECTION CHECKLIST
C-23
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C-24
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ASBESTOS DISPOSAL LANDFILL
INSPECTION CHECKLIST
Site Name:
Site Address:
Inspector(s):
Date of Inspection:
I. PRELIMINARY INTERVIEW
1. Site Contact: '
Time of Inspection:
2.
3.
Title:
Affiliation:
4. Telephone number:
YES NO
Is the landfill approved by the State?
If yes, Operating Permit No.:
Effective date:
through
Is the disposal site operated in compliance with one of the following
site requirements? (61.154)
a. No visible emissions [61.154(a)] and
warning signs and fencing, or natural barrier [61.154(b)]
b. 6-inch cover within 24 hours [61.154(c)(l)]
c. Dust suppressant within 24 hours [61.154(c)(2)] and
warning signs and fencing, or natural barrier [61.154(b)]
C-25
-------
d. Administrator approved alternative method [61.154(c)]
If yes, explain: - • • '
YES NO N/A
7.
8.
Are waste shipment records maintained onsite? [61.154(e)(l)]
Do these records contain the following information?
a. Waste generator's information [6L154(e)(l)(i)]:
1) name
2) address
3) telephone number
b. Transporter's information [61.154(e)'(l)(ii)]:
1) name
2) address
3) telephone number
c. Quantity of ACWM (cubic yards or meters)
d.
[Has the landfill operator reported to the EPA, in writing,
by the following day, the presence of a significant
amount of improperly enclosed or uncovered waste?]
e. Date of receipt [61.154(e)(l)(v)]r
Have signed copies of waste shipment records been sent to
the waste generator as soon as possible, but no longer than
30 days after receipt of the waste? [61.154(e)(2)]
Presence of improperly enclosed or uncovered waste, or
any ACWM not sealed in leak-tight containers
C-26
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YES NO N/A
9. Has the landfill operator, attempted to reconcile differences
between the quantity of waste designated on the waste shipment
record and the quantity actually received? [61.154(e)(3)3
Explain:
If the discrepancy is not resolved within 15 days after receiving
the waste, has a report been filed with the government agency
responsible for administering the asbestos NESHAP program for
the waste generator
and
if different, the government agency responsible for . ,
administering the asbestos NESHAP program for the
disposal site!
10. Are copies of all records and reports retained for 2 years? - , ,
[61.154(e)(4)]
11. Is a map or diagram of the disposal area being maintained?
[61.154(f)]
Does the map or diagram contain the following ACWM information?
location
depth • .
area
quantity
cubic yards or meters
12. Are records available for inspection? [61.154(i)]
13. Has written approval from the Administrator been obtained prior
to excavating or otherwise disturbing any ACWM already
deposited and covered? [61.154(j)]
C-27
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14. When was waste last received?
15. What was the method of containerization?
16. How was it deposited (e.g., manually off-loaded, dumped semiautomatically)?
17. Where was it actually deposited? (Note on sketch below.)
SKETCH OF DISPOSAL SITE (PLAN VIEW)
(Include Site Entrance and Boundaries, Roadways, Active cells, Closed cells, Borrow Areas,
Direction of Prevailing Wind, and Location of Deposited Asbestos-Containing Waste.
C-28
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YES NO
18. Are there any special provisions for handling ACWM at this
landfill? .....'••-
If yes, describe:
III. VISUAL OBSERVATIONS
Determine the following at the disposal site. Collect samples and take photographs as
necessary to document non-compliance with the provisions of the asbestos NESHAP. Use
Attachment A for documenting sample information and Attachment B for documenting
photograph information.
1. Are there visible emissions? [61.154(a)]
If yes, describe location, magnitude and activity causing the
emissions: •--
2. If barriers (fencing, natural) exist, describe them in detail. [61.154(b)(l)]
Can the barriers keep out intruders?
Explain. '
3. Are warning signs posted? [61.154(b)(l)j
4. Is the waste sufficiently covered? [61.154(c)(l)]
Depth of cover material (inches, feet): : . ,-
C-29
-------
YES NO
5.
6.
7.
Is the waste covered daily? [61.154(c)(l)]
Type of cover material:
Is a dust suppressant agent used? [61.154(c)(2)]
Type of suppressant used: '
Is any ACWM exposed?
a. Was it deposited within the past 24 hours?
[61.154(c)(2)] .
b. Is it sealed in leak-tight containers? [61.150(a)(l)(iii)]
c. Are the containers intact?
If no, explain:
d. Are the containers or wrapped materials labeled with
the following? [61.150(l)(v)]
asbestos hazard warning
name of waste generator
location where waste was generated
(If not, examine records and attempt to determine who
generated the ACWM.)
e. If ACWM seen is not contained or wrapped, was it generated
during a governmentaUy-ordered demolition? [61.145(a)(3)]
8. Are vehicles seen unloading ACWM marked with the following
information? [61.150(c)(3)]
easy to read legend
20" x 14" upright format sign
asbestos hazard warning
C-30
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YES NO
Does the transporter possess a properly completed waste manifest?
If not, determine as many of the following as possible:
transporter company name
address
telephone no.
generator's name
address
telephone no.
location where ACWM is being collected
IV. POST INSPECTION INTERVIEW
Summary of Recommendations/Discussions with Site Operator.
V.
ADDITIONAL COMMENTS
Date
Inspector signature(s):
C-31
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Attachment A
Sample Collection Log
1
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C-32
-------
Name/Address of Facility-
Attachment B
Photo Identification Log Sheet
Date:
Inspector (photographer):
Frame No. Time Sample No.
Description
Remarks:
Inspector Signature:
C-33
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ATTACHMENT C
ASBESTOS D/R CHECKLIST
QUANTIFICATION OF ACM
Facility
Component"
Quantity1"
Area Length
ft2 ft
Measurement/
Estimation
Technique6
Friable"
Total
"Examples of facility components: pipe, duct, boiler, I-Beam, ceiling, steel deck, etc.
"Quantity of suspect ACM that will be disturbed during demo/reno.
"Measurement Technique: Measured or estimated - if estimated, explain technique.
dFriable rating: yes, no, or potentially during demolition or renovation.
C-34
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APPENDIX C-4
AHERA INSPECTION CHECKLIST
' C-35
-------
C-36
-------
ABBREVIATED CHECKLIST FOR AHERA COMPLIANCE
FOR USE ON NESHAP INSPECTIONS
Local Education
Agency (LEA)
Address
School
Address
Designated Person
Phone Number
Abatement Project Description (including size of project):
Was Project Supervisor Accredited?
Accreditation Number ._
Yes_
Date
No
Each worker, state/number of accreditation, date of accreditation
Was Air Clearance in progress? Yes
Name of Person Conducting Clearance
Affiliation
No
Laboratory contracted to analyze samples:
Name
Type of Analysis:
TEM
Address/Phone Number
PCM
Was the Management Plan available to look at?
Yes No Location of Plan LEA
Was the abatement project included in the Plan? Yes _
Inspector Date
School
No
C-37
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C-38
-------
APPENDIX C-5
WORKER PROTECTION RULE CHECKLIST
C-39
-------
C-40
-------
WORKER PROTECTION RULE CHECKLIST
Date of Inspection:
Inspection Site: . ,
1. Is asbestos abatement work being done? (Abatement means activity involving the removal,
enclosure or encapsulation of friable asbestos material.)
Yes
No
2.
Is abatement work performed by State and local government employees not covered by the
OSHA Rule (29 CFR 1926.58)?
Yes
No
3. Does the work involve more than 3 linear feet or 3 square feet?
Yes No
Notes:
Inspector's Signature
Telephone Number
Date
C-41
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LIST OF AVAILABLE REFERENCES
The following is a list of publications that deal with asbestos. These publications may be
available from the EPA Regional Offices or from the Asbestos and Small Business
Ombudsman, OSDBU A-149-C, Washington, D.C. 20460. Telephone: (800) 368-5888; for
D.C and VA: (703-557-1938). Information may also be obtained by calling the TSCA
Hotline (202) 554-1404.
1.
2.
3.
4.
5.
6.
7.
8.
Malmberg, K.B. EPA Demolition & Renovation Inspection Procedures. Stationary
Source Enforcement Division, Washington, D.C. October 1975. (S.22 Document).
Piper, S.G., and P. Ford. 1988 NESHAPs Asbestos Demolition and Renovation
Inspection Workshop - Final Report. Alliance Technologies Corporation. EPA
Contract No. 68-02-4465, Work Assignment No. 21. March 1988.
Piper, S.G., et al. Asbestos NESHAP Inspector Safety Workshop - Draft Final
Report. Alliance Technologies Corporation. EPA Contract No. 68-02-4465, Work
Assignment No. 40. June 1988.
U.S. Environmental Protection Agency. Asbestos Demolition and Renovation
Enforcement Strategy (Revised). Stationary Source Compliance Division.
Washington, D.C. March 31, 1988.
U.S. Environmental Protection Agency. Draft Health and Safety Guidelines for EPA
Asbestos Inspectors (Revised). Environmental Health and Safety Division, Office of
Administration and Resource Management, Washington, D.C. June 1990. (Attached
as Appendix C).
Piper, S.G. and N. Lebedzinski. 1989 Demolition and Renovation Inspection and
Safety Procedures Workshop - Final Report. Alliance Technologies Corporation.
EPA Contract No. 68-02-4465, Work Assignment No. 89-112. July 1989.
U.S. Environmental Protection Agency. Asbestos-Containing Materials in School
Buildings: A Guidance Document, Parts 1 and 2. Office of Toxic Substances,
Washington, D.C. C00090, March 1979. (Orange Books).
American Industrial Hygiene Association. Respiratory Protection, a Manual and
Guideline. Prepared by L.R. Binkner, Department of Environmental Health and
Safety Affairs, NY, 1980.
R-l
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9.
10.
11.
12.
13.
14.
15.
16.
17.
18.
19.
20.
21.
U.S. Department of Health and Human Services. Workplace Exposure to Asbestos
National Institute for Occupational Safety and Health Publication N. 81-103 April
1980.
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. Asbestos-Containing Materials in School
Buildings, Guidance for Asbestos Analytical Programs. EPA-560/13-80-017A,
December 1980.
U.S. Environmental Protection Agency. Solid Waste Landfill Design and Operation
Practices. Contract No. 68-01-3915, Washington, D.C. April 1981.
U.S. Environmental Protection Agency. Evaluation of Encapsulants for Sprayed-On
Asbestos-Containing Materials in Buildings. Office of Research and Development,
Cincinnati, OH. 1981.
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, Region VII. Asbestos Exposure Assessment
in Buildings. Inspection Manual. October 1982.
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, Marchl983. (Blue Book).
U.S. Environmental Protection Agency. Airborne Asbestos Levels in Schools.
Washington, D.C. EPA-560/5-83-003, June 1983.
U.S. Environmental Protection Agency. Evaluation of the Asbestos-in-Schools
Identification and Notification Rule. EPA-560/5-84-005, October 1984.
U.S. Environmental Protection Agency. Asbestos in Buildings: A National Survey of
Asbestos-Containing Friable Materials. EPA-560/5-84-006, October 1984.
U.S. Environmental Protection Agency. Asbestos Waste Management Guidance.
EPA-530-SW-85-007, May 1985. (Little Blue Book).
U.S. Environmental Protection Agency. Guidance for Controlling Asbestos-
Containing Materials in Buildings. EPA-560/5-85-024, June 1985. (Purple Book).
R-2
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22. U.S. Environmental Protection Agency. Evaluation of Asbestos Abatement
Techniques, Phase 1: Removal. EPA-560/5-85-019, October 1985.
23. U.S. Environmental Protection Agency. Asbestos in Buildings: Simplified Sampling
Scheme for Friable Surfacing Materials. Office of Pesticides and Toxic Substances,
Washington, D.C. EPA-560/5-85-030A, October 1985. (Pink Book).
24. U.S. Environmental Protection Agency. Measuring Airborne Asbestos Following an
Abatement Action. Washington, D.C. EPA-600/4-85-049, November 1985. (Silver
Book).
25. U.S. Environmental Protection Agency. A Guide to Respiratory Protection for the
Asbestos Abatement Industry. Office of Pesticides and Toxic Substances
Washington, D.C. EPA-560-OPTS-86-001, April 1986. (White Book).
26. U.S. Department of Labor, Occupational Safety & Health Administration.
Occupational Exposure to Asbestos: Tremolite, Anthophyllite, and Actinolite; Final
Rules. 29 CFR Parts 1910 and 1926. (51 FR 22733) June 1986.
27. U.S. Environmental Protection Agency. Guidance for Presenting Asbestos Disease
Among Auto Mechanics. Office of Pesticides and Toxic Substances, Washington,
D.C. June 1986. (Yellow Book).
28. U.S. Environmental Protection Agency. Evaluation of Asbestos Abatement
Techniques, Phase Z: Encapsulation with Latex Paint EPA 560/5-86-016, July 1986.
29. U.S. Environmental Protection Agency. Electron Microscope Measurement of
Airborne Asbestos Concentrations: A Provisional Methodology Manual. EPA-
600/2-77-178, Revised June 1978. .
30. U.S. Environmental Protection Agency. Methodology for the Measurement of
Airborne Asbestos by Electron Microscopy (Draft Report), July 1984.
31. Asbestos: A Perspective To An Overview. Huff, J.E. Toxicology Information
Response Center, Oak Ridge, Tennessee, March 1978.
32. Natale, A. and Levins, HJ. "Asbestos Removal and Control," An Insider's Guide to
the Business. Levins Design, Inc. ISBN 0-917097-00-9. 1984.
33. Controlling Asbestos Contamination with Negative Air Filtration Systems. Source
Finders, Voorhees, NJ. ISBN 0-917097-01-7. 1984.
34. Recommended Contract Specifications for Asbestos Abatement Projects. Maryland
Department of Health and Mental Hygiene, April 1985.
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35. Project Protocol for Control Technology Assessment of Asbestos Removal
Processes. National Institute for Occupational Safety and Health, February 1985.
36. National Institute of Building Sciences. Asbestos Abatement and Management in
Buildings-Guide Specifications. NIBS, Washington, D.C. 1988.
37. U.S. Environmental Protection Agency. Asbestos NESHAP Demolition and
Renovation Inspection Procedures Field Manual. Office of Air Quality Planning and
Standards, Washington, D.C. July 1990.
38. U.S. Environmental Protection Agency. Asbestos Content in Bulk Insulation
Samples: Visual Estimates and Weight Composition. Office of Pesticides and Toxic
Substances. Washington, D.C. EPA-560/5-88-011. September 1988.
39. Asbestos: Manufacture, Importation, Processing and Distribution in Commerce
Prohibitions; Final Rule. EPA 40 CFR Part 763 Subpart I. (54 FR 29460) July 12,
1989.
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TECHNICAL REPORT DATA
-(Please read Instructions on the reverse before completing)
REPORT NO.
340/1-90-007
2.
3. RECIPIENT'S ACCESSION NO.
TITLE AND SUBTITLE
Asbestos NESHAP Demolition and
Renovation Inspection Procedures
Field Manual •
5. REPORT DATE
November 1990
6. PERFORMING ORGANIZATION CODE
. AUTHOR(S)
8. PERFORMING ORGANIZATION REPORT NO.
Stephen G. Piper and Nancy Lebedzinski
. PERFORMING ORGANIZATION NAME AND ADDRESS
Alliance Technologies Corporation^
Boott Mills South
Foot of John Street
TnwHI MA
10. PROGRAM ELEMENT NO.
11. CONTRACT/GRANT NO.
68-02-4465
2. SPONSORING AGENCY NAME AND ADDRESS
Environmental Protection Agency
Office of Air Quality Planning and Standards
Stationary Source Compliance Division
Washington, DC 20460 * •
13. TYPE OF REPORT AND PERIOD COVERED
14. SPONSORING AGENCY CODE
5. SUPPLEMENTARY NOTES
6.
3TRACT
ABS~t .
This document provides EPA guidance on procedures for conducting
regulatory compliance inspections at asbestos demolition and
renovation worksites and waste disposal facilities. Detailed
information concerning the following is included: 1) identification of
asbestos-containing materials, 2) safety procedures, 3) pre-inspection
activities, 4) facility inspection procedures, 5) post-inspection
activities. 6) landfill inspections and 7) bulk sampling and analysis.
Inspection checklists designed for facility inspection and landfill
inspections are appended. The material presented is a summary of
information and experience gained by EPA through the inspection and case
development experiences of a nationwide representation of regulatory staff
responsible for enforcing the asbestos NESHAP.
KEY WORDS AND DOCUMENT ANALYSIS
DESCRIPTORS
b.IDENTIFIERS/OPEN ENDED TERMS
c. COSATI Field/Group
Asbestos Abatement
Asbestos Inspection
Asbestos Waste Disposal
Asbestos Waste Handling
NESHAP
18. DISTRIBUTION STATEMENT
Available to the Public
19. SECURITY CLASS (This Report}
UNCLASSIFIED
21. NO. OF PAGES
158
2O. SECURITY CLASS (This page)
UNCLASSIFIED
22. PRICE
EPA Form 2220-1 (Rev. 4-77) PREVIOUS EDITION is OBSOLETE
•fr U.S. GOVERNMENT PRINTING OFFICE: 1991 — 281" 72 if' if 3 5 7 9
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