ASBESTOS ABATEMENT PROJECTS
    WORKER PROTECTION RULE

     (This rule establishes requirements which must be followed
        by public employers to protect public employees
           engaged in asbestos abatement work).
        EMPLOYER RESPONSIBILITIES
                 PRESENTED BY
        U. S. ENVIRONMENTAL PROTECTION AGENCY
                   REGION VII
             ASBESTOS CONTROL SECTION
               726 MINNESOTA AVENUE
               KANSAS CITY, KANSAS
                   April 1992

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                  'Environmental Protection Agency

                    WORKER PROTECTION RULE

                      40 C.F.R. 763.121 - 763.126
                          February 25, 1987
                          Triggering Events
                        General Requirements

                         Notifications [763.124]
                      Initial Monitoring [763.121(fl]
                         Labels [763.12l(k)(2)]
                       Housekeeping [763.121(1)]
                   Respiratory Protection [763.121(h)l
    Above Action Level
 [0.1 fibers/cubic centimeter
         (f/cc) ]

Employee Information and
Training [763.12l(k)(3)]
Above Action Level 30
davs or more per year, or
negative-pressure respirators

Medical Surveillance
   [763.12 l(m)]
 Above Permissible Exposure
         Level fPELl
          (0.2 f/cc)

Regulated Area [763.121(e)]
Periodic Monitoring [763.121(f)(3)]
Engineering Controls and
Work Practices [763.121(g)]
Respiratory Protection
              [763.121(h)]
Protective Clothing [763.121(0]
Hygiene Facilities and Practices

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      ASBESTOS ABATEMENT PROJECTS -
           WORKER  PROTECTION RULE
                      EMPLOYER RESPONSIBILITIES
Section A
           General Requirements :
               • Notifications
               • Exposure Monitoring (Initial)
          Notifications
            Exceptions:
Initial Air Monitoring to
   Determine Employee
             Exposure
           Exemptions:
• Notify Regional Asbestos Coordinator 10 days prior to
 protect start
 Include: employer's name and address
        project location, street address
        scheduled start and completion dates

• In emergencies, notify ASAP or within 48 hours of
 start
• Notification to Regional Asbestos Coordinator is not
  required ifNESHAP notification specifically states that
  public employees will be used on the project

• No notification required on projects less than 3 square or
  3 linear feet
• must be performed at beginning of each asbestos
 abatement project to determine airborne asbestos
 concentration to which employees are exposed.

• sampling shall be from breathing zone of employee;

• sampling must be representative of fullshift exposure
 of employees in each work area.
> Employer can demonstrate exposure is less than action
 level (0.1 f/cc) by objective data

 Objective data demonstrate that a material cannot release
 asbestos fibers in concentrations greater than action level  .
 (0.1 f/cc) under work conditions with the greatest potential
 to cause fiber release.

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                  > Employer has previously monitored similar jobs

                   Data collected from work conditions closely
                   resembling present conditions:

                          type of material
                          control methods
                          work practices
                          environmental conditions
Recordkeeping
1 Employer shall establish and maintain the following
 records:

 - Objective data (if used in lieu of initial air monitoring)

    product qualifying for exemption
    source of objective data
    testing protocol/analytical results
    description of operation exempted and how data
       support the exemption
    maintain for duration of employer's reliance upon
       such objective data

 - all measurements taken to monitor employee exposure

    date of measurement
    operation involving exposure being monitored
    sampling and analytical methods used
    number, duration, results of samples taken
    type of protective devices worn, if any
    name, social security number, and exposure of
       employee whose exposures are represented.

    maintain for at least 30 years

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      ASBESTOS ABATEMENT PROJECTS -
           WORKER PROTECTION RULE
                     EMPLOYER RESPONSIBILITIES
Section B
                      Regardless of Exposure Level
          In addition to responsibilities described under Section A
                           • Housekeeping
                           •Labels
                           • Respiratory Protection
        Housekeeping
               Labels
 Respiratory Protection
    If using vacuuming methods, must use HEPA filtered
    equipment. Empty in manner that minimizes fiber
    release.

    Collect and dispose of asbestos waste, scrap, debris,
    containers, equipment, and contaminated clothing in
    sealed, labeled, impermeable bags or containers.
  • Label all waste containers

  • Use large, bold letters on contrasting background

  • Label must read:

                    DANGER
           CONTAINS ASBESTOS FIBERS
             AVOID CREATING DUST
        CANCER AND LUNG DISEASE HAZARD


Must be used:

  - during the interval necessary to install feasible
    engineering/work practice controls

  - in maintenance, repair, or other activities where
    engineering/work practice controls are not feasible

  - in emergencies

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NOTE #1:
NOTE #2:
If negative-pressure respirators are used, employer must
institute medical surveillance program as described in
Section C.

If negative-pressure respirators are used, employer must
also maintain records required for the medical surveillance
program.

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      ASBESTOS ABA 1JEMENT PROJECTS
           WORKER PROTECTION RULE
                      EMPLOYER RESPONSIBILITIES
Section C
 At or Above the Action Level
	(0.1 f/cc)	
   In addition to responsibilities
  described under Sections A and B

  • Employee Information and Training
  • Recordkeeping
                       Above the Action Level
                     30 Days or More Per Year, or
                Negative-Pressure Respirators are Used
                        • Medical Surveillance
                        • Recordkeeping
  Employee Information
          and Training
       Recordkeeping -
  Employee Information
          and Training
  • Must be provided to all employees who are exposed to
    greater than action level (0.1 f/cc).

  • Provided prior to or at time of assignment; annually
    thereafter.

  • Make training materials available at no cost.

  • Make training materials available to EPA upon request.

  • Training shall include:

     - methods of recognizing asbestos
     - health effects associated with asbestos exposure
     - relationship between smoking, asbestos, lung cancer
     - operations that result in exposure
     - ways to minimize exposure
     - purpose, proper use, limitations, fittings of respirators
     - appropriate work practices
     - medical surveillance programs
     - review of Worker Protection Rule
   • Maintain all employee training records for 1 year beyond
    the last date of employment.

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Medical Surveillance
Must be instituted for all employees

   • engaged in work involving levels of asbestos at or above
    action level (0. 1 f/cc) for 30 or more days per year or,
   • who aic required to wear negative-pressure respirators.
                     Medical examination must be provided at no cost to
                     employee as follows:
                         • prior to use of negative-pressure respirator, or
                         • within 10 days of the 30th exposure day at greater
                          than the action level (0.1 f/cc)
                         • annually thereafter

                     Emolover must provide to examining Dhvsician:
                         • Copy of Worker Protection Rule and Appendices
                          D, E. and I
                         • Description of employee's asbestos duties
                         • Employee's representative/anticipated exposure
                         • Description of protective/respiratory equipment
                         • Information on previous examinations

                      Medical examination shall consist of:
                         • medical/work history - pulmonary, cardiovascular,
                          GI systems
                         • completed questionnaire (Appendix D)
                         • physical exam - chest x-ray optional
                         • any other tests directed by physician

                      Physician's written opinion:
                         • results of examination
                         • medical conditions that put employee at increased
                          risk from exposure
                         • recommended limitations
                         • statement that employee has been informed of
                          results

                      Physician's opinion shall not include any findings
                      unrelated to occupational exposure to asbestos
                      Employer must provide employee a copy of written opinion
                      within 30 days of its receipt.

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Recordkeeping - Medical
            Surveillance
Maintain a record for each employee subject to medical
monitoring, including:

    • name and social security number of employee
    • copy of employee's medical examination results,
     medical history, questionnaire responses,
     results of any tests, physician's recommendation
    • physician's written opinions
    • any employee medical complaints related to
     exposure
    • copy of information provided to physician

Maintain for 30 years

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      ASBESTOS ABATEMENT PROJECTS  -
           WORKER PROTECTION  RULE
                      EMPLOYER RESPONSIBILITIES
SectlonD
             Above the Permissible Exposure Limit (PEL)
                               (0.2 f/cc)
                        i
        In addition to responsibilities described under Sections A, B, C

    • Regulated Areas • Signs • Informing Other Employers On Site of Asbestos
    • Exposure Monitoring (Periodic) • Engineering Controls and Work Practices
    • Respiratory Protection » Protective Clothing • Hygiene Facilities/Practices
       Regulated Areas
• must be established where airborne concentrations of
 asbestos exceed or can reasonably be expected to
 exceed the permissible exposure level (0.2 f/cc)

• demarcate in any manner that minimizes number of
 persons within the area and protects persons outside the
 area

• limit access to authorized personnel

• all who enter must be supplied respirator

• employees shall not eat, drink,  smoke, chew, or apply
 cosmetics

Regulated Areas for removal, demolition, renovation
operations.

• when feasible, establish negative-pressure enclosure
 before beginning operations;

• designate a competent person to supervise operation

• COMPETENT PERSON shall:
 - set up and ensure integrity of enclosure
 - control entry and exit
 - supervise exposure monitoring
 - ensure protective equipment is used
 - ensure employees are trained
 - ensure proper use of hygiene facilities
 - ensure engineering controls are functioning properly
                                   8

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   Exemptionjrom
  Regulated Areas:
             Signs
   Informing Other
 Employers On Site
        of Asbestos
Periodic Monitoring
For small-scale, short-duratton operations, employer is not
required to comply with requirements listed under
"Regulated Areas for removal, demolition, and renovation
operations."
• Place signs to demarcate the regulated area at each
 location where airborne concentrations of asbestos may
 be in excess of 0.2 f/cc.

• Place signs at a distance from location so persons may
 take necessary protective steps before entering.

• Signs shall read:

                      DANGER
                      ASBESTOS
         CANCER AND LUNG DISEASE HAZARD
            AUTHORIZED PERSONNEL ONLY
            RESPIRATORS AND PROTECTIVE
          CLOTHING ARE REQUIRED IN THIS
                        AREA
Where multi-employers are on the worksite performing
asbestos work requiring establishment of a regulated area,
employer must inform other employers of the nature of
asbestos work and existence of the regulated area.
• Employer shall conduct daily monitoring representative
  of exposure of each employee assigned to work in a
  regulated area.

• When all employees within a regulated area are wearing
  supplied-air respirators operated in positive-pressure
  mode, daily monitoring is not required.

• If periodic monitoring reveals employee exposures are
  below the action level, employer may discontinue
  monitoring for those employees whose exposures are
  represented by the monitoring.

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  Engineering Controls
   and Work Practices
Respiratory Protection
• Use one or any combination of the following to achieve
 compliance with the permissible exposure limit:

 - local exhaust ventilation equipped with HEPA filter
 - general ventilation system
 - vacuum cleaners equipped with HEPA filers
 - enclosure/isolation of dust-producing processes
 - use of wet methods, wetting agents, or removal
  encapsulants
 - prompt disposal of wastes in leak-tight containers
 - other feasible controls/practices

The employer shall use .controls and work practices to
attain the lowest exposure level possible and supplement
them by use of respiratory protection.

• Work Practice Prohibitions

 - high-speed abrasive disc saws without engineering
  controls
 - compressed air without enclosed ventilation to capture
  dust

• Employer shall not use employee rotation as a means of
 compliance with exposure limit
• Must be used:

 - during the interval necessary to install feasible
  engineering/work practice controls

 - in maintenance, repair, or other activities where
  engineering/work practice controls are not feasible

 - in work situations where feasible engineering and work
  practice controls are not yet sufficient to reduce exposure
  to or below the exposure limit

 - in emergencies
                                     10

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Respiratory Protection -
         Recordkeeping
                          • Selection of Respiratory Protection

                           Employer will:
                           - select and provide at no cost to employee
                           - ensure employees use respirator
                           - ensure respirator is approved by MSHA and NIOSH
                           - provide powered, air-purifying respirator (PAPR) in lieu
                            of negative pressure respirator IF
                                    it is requested by employee, or
                                    is required by regulation

                          > Respirator Program

                          - Where respirators are used, institute a respirator
                           program

                          - Include information on proper selection, use, care, and
                           emergency use

                          - Employees shall be permitted to change filters when
                           increased breathing resistance is experienced

                          - Employees shall be permitted to leave worksite to wash
                           face and respirator facepiece

                          - Employees shall not be assigned task requiring use of
                           respirators if the examining physician determines
                           employee will not be able to function normally or health
                           and safety of worker will be impaired

                          - For negative-pressure respirator, employer shall perform
                           quantitative or qualitative face fit test at time of initial
                           respirator fitting and at least each 6 months thereafter.
 Employer shall maintain the following records pursuant to
 qualitative and quantitative fit tests (Appendix C):

• name of test subject
- date of testing
- name of test conductor
• respirators selected (indicate manufacturer, model, size,
 and approval number)
- testing agent
                                       11

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  Protective Clothing | Employer snail:
                     i • Provide and require use of protective clothing for any
                     i   employee exposed to greater than PEL (0.2 f/cc).

                            coveralls (or similar whole-body clothing)
                                       head coverings
                                       gloves
                                       foot coverings

                      • Ensure laundering of contaminated clothing is done to
                        prevent release of fibers in excess of PEL (0.2 f/cc).

                      • Inform person responsible for laundering of the
                        requirements

                     I • Transport contaminated clothing in sealed and labeled
                        bags
                       • In negative-pressure enclosures, a "Competent Person"
                        shall inspect worksuits for rips and tears; rips and tears
                        shall be mended immediately or suits replaced
  Hygiene Facilities -
              General
For small-scale, short
  duration activities:
Employer shall:

• provide clean change areas for employees required to wor:
 in regulated areas (exceeding PEL)

• equip change area with separate storage for work and
 street clothes

• provide eating area separate from regulated area
• in lieu of clean area, employer may permit employee to
  clean clothing with HEPA vacuum prior to leaving area
  where maintenance activity occurred
                                     12

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Hygiene Facilities for
Removal, Demolition,
     and Renovation
          Operations
Employer shall establish and ensure use of decontamina-
tion area adjacent and connected to regulated area (small-
scale, short-duration activities exempted).

• Decontamination area shall be comprised of:

 - clean room
 - shower room
 - equipment room
                                   13

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                        Asbestos-Related
                     Statutes and Regulations


AHERA (Asbestos Hazard Emergency Response Act)   [EPA]

          [Also known as Title II of the Toxic Substances Control
          Act (TSCA), 15 U.S.C, 2641 et sea.]

          Purpose:  generally,  provides for establishment of
                    Federal regulations requiring inspection of
                    asbestos-containing material in the nation's
                    schools/ and implementation of response
                    actions in a safe and complete manner.


Asbestos-Containing Materials in Schools Final Rule  [EPA]

          [Codified at 40 C.F.R. Part 763, Subpart E]

          This AHERA regulation requires the identification of
          all suspected asbestos-containing building material
          (ACBM); sampling and analysis of the material to
          determine whether it is asbestos-containing; and
          development of a plan to manage the material, which
          includes operations and maintenance activities and
          response actions.  These requirements are to carried
          out by trained and accredited persons.  The regulation
          also requires 2-hour training for all custodial and
          maintenance persons who may work in a building where
          known or assumed ACBM is present; and an additional 14
          hours training for custodial and maintenance personnel
          who disturb ACBM.
NESHAP (National Emission Standard for Hazardous Air Pollutants)
          [EPA]

          [Codified at 40 C.F.R. Part 761]

          Generally, NESHAP's asbestos regulation establishes
          requirements for notification to EPA of removal of
          regulated asbestos-containing material (RACM) during
          demolition and renovation; emission control procedures
          to prevent release of fibers to outside air; and
          disposal of the waste.

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Asbestos Abatement Projects; Worker Protection Final Rule [EPA]

          [Codified at 40 C.F.R. Part 763, Subpart G]

          Establishes requirements which must be followed during
          asbestos abatement projects by employers of State and
          local government employees not covered by the Asbestos
          Standard of the Occupational Safety and Health
          Administration (OSHA).
Occupational Exposure to Asbestos...Final Rule [OSHA]
Industry Standard and General Construction Standard

          [Codified at 29 C.F.R. Parts 1910 and 1926]

          Industry Standard - Establishes requirements
          which must be followed by employers for all
          occupational exposures to asbestos in all industries,
          except for construction work.  Occupational exposures
          may include manufacturing,  processing,  and general
          office environments.

          Construction Standard - Establishes requirements
          which must be followed by employers for all
          construction work, which may include demolition,
          salvage, removal or encapsulation, construction,
          alteration, repair, renovation, maintenance,
          installation.

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       Work Practices and Engineering Controls

                       for
       SMALL-SCALE, SHORT - DURATION
Operations and Maintenance (O&M) and Repair Activities

        Involving Asbestos-Containing Material
        (Appendix B to Subpart E of AHERA
        is identical to Appendix G of OSHA)

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41894      Federal Register / Vol. 52. No.  210 / Friday. October  30. 1987 / Rules  and Regulations
he comparable with contamination/
background levels of blank filters. The
decision is based, in part, on Poisson
statistics which indicate that four
structures must be counted on a filter
before the fiber count is statistically
distinguishable from the count for one
structure. As more information on the
performance of the method is collected,
this criterion may be modified. Since
different combinations of the number
and size of grid openings are permitted
under the TEM protocol, the criterion is
expressed  in structures per square
millimeter of filter to be consistent
across all combinations. Four structures
per 10 grid openings corresponds to
approximately 70 a/mm2.
B. Sample Collection and Analysis
  1. A minimum of 13 samples is
required: five samples collected inside
the abatement area, five samples
collected outside the abatement area,
two field blanks, and one sealed blank.
  2. Sampling and TEM analysis must
be done according to either the
mandatory or nonmandatory protocols
in Appendix A. At least 0.057 mm2 of
filter  must be examined on blank filters.
C. Interpretation of  Results
  1. The response action shall be
considered complete if either:
  a. Each sample collected inside the
abatement area consists of at least 1,199
L of air for a 25 mm filter, or 2,799 L of
air for a 37 mm filter, and the arithmetic
mean of their asbestos structure
concentrations per square millimeter of
filter  is less than or equal to 70 s/mm2;
or
  b. The three blank samples have an
arithmetic mean of  the asbestos
structure concentration on the blank
filters that is less than or equal to 70
s/mm2and the average airborne
asbestos concentration measured inside
the abatement area is  not statistically
higher than the average airborne
asbestos concentration measured
outside the abatement area as
determined by the Z-test. The Z-test is
carried out by calculating
z  =
 where Y, is the average of the natural_
 logarithms of the inside samples and Y0
 is the average of the natural logarithms
 of the outside samples, n, is the number
 of inside samples and n0 is the number
 of outside samples. The response action
is considered complete if Z is less than
or equal to 1.65.
  (Note.—When no fibers are counted, the
calculated detection limit for that analysis is
inserted for the concentration.)
  2. if the abatement site does not
satisfy either (I) or (2) above, the site
must be recleaned and a new set of
samples collected.

D. Sequence for Analyzing Samples
  It is possible to determine completion
of the response action without analyzing
all samples. Also, at any point in the
process, a decision may be made to
terminate the analysis of existing
samples, reclean the abatement site, anc
collect a new set of samples. The
following sequence is outlined to
minimize  the number of analyses
needed to reach a decision.
  1. Analyze the inside samples.
  2. If at least 1,199 L of air for a 25 mm
filter or 2,799 L of air for a 37 mm filter is
collected for each inside sample and the
arithmetic mean concentration of
structures per square millimeter of filter
is less  than or equal to 70 s/mm2, the
response action  is complete and no
further analysis is needed.
  3. If less than 1.199 L of air for a 25
mm filter  or 2,799 L of air for a  37 mm
filter is collected for any of the inside
samples, or the arithmetic mean
concentration of structures per square
millimeter of filter is greater than 70
s/mm3, analyze the three blanks.
  4. If the arithmetic mean
concentration of structures per square
millimeter on the blank filters is greater
than 70 s/mm*, terminate the analysis,
identify and correct the source of blank
contamination, and collect a new set of
samples.
  5. If  the arithmetic mean
concentration of structures per square
millimeter on the blank filters is less
than or equal to 70 s/mm2, analyze the
outside samples and perform the Z-test.
  6. If  the Z-statistic is less than or
equal to 1.65, the response action is
complete. If the Z-statistic is greater
than 1.65, reclean the abatement site
and collect a new set of samples.	
 Appendix B to Subpart E—Work
 Practices and Engineering Controls for
 Small-Scale, Short-Duration Operations
 Maintenance and Repair (O&M)
 Activities Involving ACM
  This appendix is not mandatory, in
 that LEAs may choose to comply with
 all the requirements of 40 CFR 763.121.
 Section 763.91(b) extends the protection
 provided by EPA in its 40 CFR 763.121
 for worker protection during asbestos
 abatement projects to employees of
 local education agencies who perform
small-scale, short-duration operations,
maintenance and repair (O&M)
activities involving asbestos-containing
materials and are not covered by the
OSHA asbestos construction standard
at 29 CFR 1926.58 or an asbestos worker
protection standard adopted by a State
as part of a State plan approved by
OSHA under section 18 of the
Occupational Safety and Health Act.
Employers wishing to be exempt from
the requirements of § 763.121 (e)(6) and
(f)(2)(i) may instead comply with the
provisions of this appendix when
performing small-scale, short-duration
O&M activities.

Definition of Small-Scale. Short-
Duration Activities
  For the purposes of this appendix,
small-scale, short-duration maintenance
activities are tasks su-;h as, but not
limited to:
  1. Removal of asbestos-containing
insulation on pipes.
  2. Removal of small quantities of
asbestos-containing insulation on beams
or above ceilings.
  3. Replacement of an asbestos-
containing gasket on a valve.
  4. Installation or removal of a small
section of drywall.
  5. Installation of electrical conduits
through or proximate to asbestos-
containing materials.
  Small-scale, short-duration
maintenance activities can be further
defined,  for the purposes of this subpart.
by the following considerations:
   1. Removal of sm ill quantities of
asbestos-containin. materials (ACM)
only if rt quired in the performance of
another maintenance activity not
intended as asbestos abatement.
   2. Removal of asbestos-containing
thermal system insulation not to exceed
amounts greater than those which can
be contained in a single glove bag.
   3. Minor repairs to damaged thermal
system insulation which do not require
removal.
  4. Repairs to a piece of asbestos-
containing wallboard.
   5. Repairs, involving encapsulation,
enclosure or removal, to small amounts
of friable asbestos-containing material
only if required in the performance of
emergency or routine maintenance
activity and not intended solely as
asbestos abatement. Such work may not
exceed amounts greater than those
which can be contained in a single
prefabricated minienclosure. Such an
enclosure shall conform spatially and
geometrically to the localized work area.
in order  to perform its intended
containment function.

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            Federal Register / Vol.  52. No. 210 / Friday. October  30. 1987 / Rules  and Regulations     41895
  OSHA concluded that the use of
certain engineering and work practice
controls is capable of reducing employee
exposures to asbestos to levels below
the final standard's action level (0.1
f/cms). (See 51 FR 22714, June 20.1986.)
Several controls and work practices,
used either singly or in combination, can
be employed effectively to reduce
asbestos exposures during small
maintenance and renovation operations.
These include:
  1. Wet methods.
  2. Removal methods.
  i. Use of glove bags.
  ii. Removal of entire asbestos
insulated pipes or structures.
  iii. Use of minienclosures.
  3. Enclosure  of asbestos materials.
  4. Maintenance programs.
  This appendix describes these
controls and work practices in detail.
Preparation of the Area Before
Renovation or Maintenance Activities
  The first  step in preparing to perform
a small-scale, short-duration asbestos
renovation or maintenance task,
regardless of the abatement method that
will be used, is the removal from the
work area of all objects that are
movable to protect them from asbestos
contamination. Objects that cannot be
removed must be covered completely
with 8-mil-thick polyethylene plastic
sheeting before the task begins. If
objects have already been
contaminated,  they should be
thoroughly  cleaned with a High
Efficiency Paniculate Air (HEPA)
filtered vacuum or be wet-wiped before
they are removed from the work area or
completely encased in the plastic.
  Wet methods. Whenever feasible, and
regardless of the abatement method to
be used (e.g., removal, enclosure, use of
glove bags), wet methods must be used
during small-scale, short-duration
maintenance and renovation activities
that involve disturbing asbestos-
containing materials. Handling asbestos
materials wet is one of the most reliable
methods of ensuring that asbestos fibers
do not become airborne, and this
practice should therefore be used
whenever feasible. Wet methods can be
used in the  great majority of workplace
situations. Only in  cases where asbestos
work must be performed on live
electrical equipment, on live steam lines,
or in other areas where water will
seriously damage materials or
equipment may dry removal be
performed.  Amended water or another
wetting agent should be applied by
means of an airless sprayer to minimize
the extent to which the asbestos-
containing material is disturbed.
  Asbestos-containing material should
be wetted from the initiation of the
maintenance or renovation operation
and wetting agents should be used
continually throughout the work period
to ensure that any dry asbestos-
containing material exposed in the
course of the work is wet and remains
wet until final disposal.
  Removai of small amount of asbestos-
containing materials. Several methods
can be used to remove small amounts of
asbestos-containing materials during
small-scale, short-duration renovation or
maintenance tasks. These include the
use of glove bags, the removal of an
entire asbestos-covered pipe  or
structure, and the construction of
minienclosures. The procedures that
employers must use for each  of these
operations if they wish to avail
themselves of the rule's exemptions are
described in the following sections.
  Glove bags. OSHA found that the use
of glove bags to enclose the work area
during small-scale, short-duration
maintenance or renovation activities
will result in employee exposure to
asbestos that are below the rule's action
level of 0.1 f/cm 8. This appendix
provides requirements for glove-bag
procedures to be followed by employers
wishing to avail themselves of the rule's
exemption for each activity. OSHA has
determined that the use of these
procedures will reduce the 8-hour time
weighted average (TWA) exposure of
employees involved in these  work
operations to levels below the action
level and will thus provide a  degree of
employee protection equivalent to that
provided by compliance with all
provisions of the rule.
  Glove bag installation. Glove bags are
approximately 40-inch-wide times 64-
inch-long bags fitted with arms through
which the work can be performed.
When properly installed and used, they
permit workers to remain completely
isolated from the asbestos material
removed or replaced inside the bag.
Glove bags can thus provide  a flexible,
easily installed, and quickly dismantled
temporary small work area enclosure
that is ideal for small-scale asbestos
renovation  or maintenance jobs. These
bags are single-use control devices that
are disposed of at the end of each job.
The bags are made of transparent 6-mil-
thick polyethylene plastic with areas of
Tyvek * material (the same material
  1 Mention of trade names or commercial products
does not constitute endorsement or
recommendation for me.
 used to make the disposal prptective
 suits used in major asbestos removal,
 renovation, and demolition operations
 and in protective gloves). Glove bags are
 readily available from safety supply
 stores or specialty asbestos removal
 supply houses. Glpve bags come pre-
 labelled with the asbestos warning label
 prescribed Sy QSHA and EPA for bags
 used to dispose of asbestos waste.
   Glove bag equipment and supplies.
 Supplies and materials that ate"
 necessary to ijse glove bags effectively
 include:
   1. Tape to seal glove bag tp the area
 from which asbestos is to be renipved.
   2. Amended water or other wetting
 agents'.
   3. An airless sprayer for tjie
 application of the wetting agent.
   4. Bridging encapsufant (a paste-like
 substance for coating asbestos) to seal
 the rough edges of any asbes^qs-
 containing materials that remain within
 the glove bag at the point,? of attachment
 after the rest of the asbestpu has been
 removed.
   5. Tools such a? razor knjye.8.  nips,
 and wife brushes (or other tpp(s suitable
 for cutting vyiresi etc.).
   6. A HEPA filter-equipped vacuum fpr
 evacuating the glove bag (to minimize
 the release of asbesto? fibers) during
 removal of the bag from the work area
 and for cleaning any material that may
 have escaped during the installation pf
 the glove bag.
   7. HEPA-equipped dual-cartridge pr
 more protective respiratprs for use by
 the employees involved in the removal
 of asbestos with the glove bag.
   Glove bag work practices. The proper
 use pf glove bags requires th,e following
 steps:
   i. Glove bags must be installed so that
 they completely cover the pipe or pther
 structure where asbestps work is to be
1 done. GJove bags are installed by
 cutting the sides of the glove bag tp fit
 the size of the pipe frqrri which asbestos
 is to be removed, the gipye bag is
 attached to the pipe by folding the open
 edges together and securely sealing
 them with tape. All openings in the
 glove bag must be s.ealed vyith duct tape
 or equivalent material, the bpttpm seam
 of the glove bag must also be sealed
 with duct tape br equivalent to prevent
 any leakage from th^e bag that may
 result from a defect in the bp.ttpm seam.
   2. The employee who (9 performing
 the asbestos removal with the glove bag
 must don at least a half mask dual-
 cartridge HEPA-equipped respiretQn
 respirators should be wprn by
 employees who are in close contact with
 the glove bag and who may thus be
 exposed as a result of small gaps in the

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41896      Federal Register / Vol. 52. No. 210 / Friday. October 30, 1987  /  Rules and Regulations
seams of the bag or holes punched
through the bag by a razor knife or a
piece of wire mesh.
  3. The removed asbestos material
from the pipe or other surface that has
fallen into the enclosed bag must be
thoroughly wetted with a wetting agent
(applied with an airless sprayer through
the precut port provided in most gloves
bags or applied through a small hole in
the bag).
  4. Once the asbestos material has
been thoroughly wetted, it can be
removed from the pipe, beam, or other
surface. The choice of tool to use to
remove the asbestos-containing material
depends on the type of material to be
removed. Asbestos-containing materials
are generally covered with painted
canvas and/or wire mesh. Painted
canvas can be cut with a razor knife and
peeled away from the asbestos-
containing material underneath. Once
the canvas has been peeled away, the
asbestos-containing material
underneath may be dry, in which case it
should be resprayed with a wetting
agent to ensure that it generates as little
dust as possible when removed. If the
asbestos-containing material is covered
with wire mesh, the mesh should be cut
with nips, tin snips, or other appropriate
tool and removed.
  A wetting agent must then be used to
spray any layer of dry material that is
exposed beneath the mesh, the surface
of the stripped underlying structure, and
the inside of the glove bag.
  5. After removal of the layer of
asbestos-containing material, the pipe or
surface from which asbestos has been
removed must be thoroughly cleaned
with a wire brush and wet-wiped with a
wetting agent until no traces of the
asbestos-containing material can be
seen.
  6. Any asbestos-containing insulation
edges that have been exposed as a
result of the removal or maintenance
activity must be encapsulated with
bridging encapsulant to ensure that the
edges do not release asbestos fibers to
the atmosphere after the glove bag has
been removed.
  7. When the asbestos removal and
encapsulation have been completed, a
vacuum hose from a HEP A filtered
vacuum must be inserted into the glove
bag through the port to remove any air
in the bag that may contain asbestos
fibers. When the air has been removed
from the bag, the bag should be
squeezed tightly (as close to the top as
possible), twisted, and sealed with tape,
to keep the asbestos materials safely in
the bottom of the bag. The HEP A
vacuum can then be removed from the
bag and the glove bag itself can be
removed from the work area to be
disposed of properly.
  Minienclosures. In some instances.
such as removal of asbestos from a
small ventilation system or from a short
length of duct, a glove bag may not be
either large enough or of the proper
shape to enclose the work area. In such
cases, a minienclosure can be built
around the area where small-scale,
short-duration asbestos maintenance or
renovation work is to be performed.
Such enclosures should be constructed
of 6-mil-thick polyethylene plastic
sheeting and can be small enough to
restrict entry to the asbestos work area
to one  worker.
  For example, a minienclosure can be
built in a small utility closet when
asbestos-containing duct covering is to
be removed. The enclosure is
constructed by:
  1. Affixing plastic sheeting to the
walls with spray adhesive and tape.
  2. Covering the floor with plastic and
sealing the plastic covering the floor to
the plastic on the walls.
  3. Sealing any penetrations  such as
pipes or electrical conducts with tape.
  4. Constructing a small  change room
(approximately 3 feet square] made of 6-
mil-thick polyethylene plastic supported
by 2-inch by 4-inch lumber (the plastic
should be attached to the lumber
supports with staples or spray adhesive
and tape).
  The change room should be
contiguous to the minienclosure, and is
necessary to allow .the worker to
vacuum off his protective coveralls and
remove them before leaving the work
area. While inside minienclosure, the
worker should wear Tyvek ' disposable
coveralls and use the appropriate
HEPA-filtered dual-cartridge or more
protective respiratory protection.
  The  advantages of minienclosures are
that they limit the spread of asbestos
contamination, reduce the potential
exposure of bystanders and other
workers who may be working in
adjacent areas, and are quick and easy
to install. The disadvantage of
minienclosures is that they may be too
small to contain the equipment
necessary to create a negative pressure
within the enclosure; however the
double layer of plastic sheeting will
serve to restrict the release of asbestos
fibers to the area outside the enclosure.
  Removal of entire structures. When
pipes are insulated with asbestos-
containing materials, removal of the
entire pipe may be more protective,
easier, and more cost-effective than
stripping the asbestos insulation from
the pipe. Before such a pipe is cut, the
asbestos-containing insulation must be
wrapped with 6-mil polyethylene plastic
and securely sealed with duct tape or
equivalent. This plastic covering will
prevent asbestos fibers from becoming
airborne as a result of the vibration
created by the power saws used to cut
the pipe. If possible, the pipes should be
cut at locations that are not insulated to
avoid disturbing the asbestos. If a pipe
is completely insulated with asbestos-
containing materials, small sections
should be stripped using the glove-bag
method described above before the pipe
is cut at the stripped sections.
  Enclosure, The decision to enclose
rather than remove asbestos-containing
material from an area depends on the
building owner's preference, i.e., for
removal or containment. Owners
consider such factors as cost
effectiveness, the physical configuration
of the work area, and the amount of
traffic in the area when determining
which abatement method to use.
  If the owner chooses to enclose the
structure rather than to remove the
asbestos-containing material insulating
it, a solid structure (airtight walls and
ceilings) must be built around the
asbestos covered pipe or structure to
prevent the release of asbestos-
containing materials into the area
beyond the enclosure and to prevent
disturbing these materials by casual
contact during future maintenance
operations.
  Such a permanent (i.e., for the life of
the building) enclosure should  be built
of new construction materials and
should be impact resistant and airtight.
Enclosure walls should be made of
tongue-and-groove boards, boards with
spine joints, or gypsum boards having
taped seams. The underlying structure
must be able to support  the weight of the
enclosure. (Suspended ceilings with
laid-in panels do not provide airtight
enclosures and should not be used to
enclose structures covered with
asbestos-containing materials.) All
joints between the walls and ceiling of
the enclosure should be caulked to
prevent the escape of asbestos fibers.
During the installation of enclosures,
tools that are used (such as drills or
rivet tools) should be equipped with
HEPA-filtered vacuums. Before
constructing the enclosure, all  electrical
conduits, telephone lines, recessed
lights, and pipes in the area to be
enclosed should be moved to ensure that
the enclosure will  not have to be re-
opened later for routine or emergency
maintenance. If such lights or other
equipment cannot be moved to a new
location for logistic reasons, or if moving
them will disturb the asbestos-
containing materials, removal  rather
than enclosure of the asbestos-

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            Federal  Register / Vol. 52, No. 210 / Friday, October 30, 1987 /  Rules and Regulations     41897
containing materials is the appropriate
control method to use.
  Maintenance program. An asbestos
maintenance program must be initiated
in all facilities that have friable
asbestos-containing materials. Such a
program should include:
  1. Development of an inventory of all
asbestos-containing materials in the
facility.
  2. Periodic examination of all
asbestos-containing materials to detect
deterioration.
  3. Written procedures for handling
asbestos materials during the
performance of small-scale, short-
duration maintenance and renovation
activities.
  4. Written procedures for asbestos
disposal.
  5. Written procedures for dealing with
asbestos-related emergencies.
  Members of the building's
maintenance engineering staff
(electricians, heating/air conditioning
engineers, plumbers, etc.) who may be
required to handle asbestos-containing
materials should be trained in safe
procedures. Such training should include
at a minimum:
  1. Information regarding  types of ACM
and its various uses and forms.
  2. Information on the health effects
associated with asbestos exposure.
  3. Descriptions of the proper methods
of handling asbestos-containing
materials.
  4. Information on the use of HEPA-
equipped dual-cartridge  respirators and
other personal protection during
maintenance activities.
  Prohibited activities. The training
program for the maintenance
engineering staff should  describe
methods of handling asbestos-
containing materials as well as routine
maintenance activities that are
prohibited when asbestos-containing
materials are involved. For example,
maintenance staff employees should be
instructed:
  1. Not to drill holes in asbestos-
containing materials.
  2. Not to hang plants or pictures on
structures covered with asbestos-
containing materials.
  3. Not to sand asbestos-containing
floor tile.
  4. Not to damage asbestos-containing
materials while moving furniture or
other objects.
  5. Not to install curtains, drapes, or
dividers in such a way that they  damage
asbestos-containing materials.
  6. Not to dust floors, ceilings, moldings
or other surfaces in asbestos-
contaminated environments with a dry
brush or sweep with a dry broom.
  7. Not to use an ordinary vacuum to
clean up asbestos-containing debris.
  8. Not to remove ceiling tiles below
asbestos-containing materials without
wearing the proper respiratory
protection, clearing the area of other
people, and observing asbestos removal
waste disposal procedures.
  9. Not to remove ventilation system
filters dry.
  10. Not to shake ventilation system
filters.
Appendix D to Subpart E—Transport
and Disposal of Asbestos Waste
  For the purposes of this appendix,
transport is defined as all activities from
receipt of the containerized asbestos
waste at the generation site until it has
been unloaded at the disposal site.
Current EPA regulations state that there
must be no visible emissions to the
outside air during waste transport.
However, recognizing the potential
hazards and subsequent liabilities
associated with exposure, the following
additional precautions are
recommended.
  Recordkeeping. Before accepting
wastes, a transporter should  determine
if the waste is properly wetted and
containerized. The  transporter should
then require a chain-of-custody form
signed by the generator. A chain-of-
custody form may include the name and
address of the generator, the  name and
address of the pickup site, the estimated
quantity of asbestos waste, types of
containers used, and the destination of
the waste. The chain-of-custody form
should then be signed over to a disposal
site operator to transfer responsibility
for the asbestos waste. A copy of the
form signed by the  disposal site operator
should be maintained by the  transporter
as evidence of receipt at the disposal
site.
  Waste handling.  A transporter should
ensure that the asbestos waste is
properly contained in leak-tight
containers with appropriate labels, and
that the outside surfaces of the
containers are not contaminated with
asbestos debris adhering to the
containers. If there  is reason  to believe
that the condition of the asbestos  waste
may allow significant fiber release, the
transporter should not accept the waste.
Improper containerization of  wastes is a
violation of the NESHAPs regulation
and should be reported to the
appropriate EPA Regional Asbestos
NESHAPs contact below:
Region I
  Asbestos NESHAPs Contact, Air
Management Division, USEPA, Region I,
[FK Federal Building, Boston. MA  02203,
;617) 223-3266.
Region II

  Asbestos NESHAPs Contact, Air &
Waste Management Division, USEPA,
Region II, 26 Federal Plaza, New York,
NY 10007, (212) 264-6770.

Regfon III

  Asbestos NESHAPs Contact, Air
Management Division, USEPA, Region
III, 841 Chestnut Street, Philadelphia, PA
19107, (215) 597-9325.

Region IV

  Asbestos NESHAPs Contact, Air,
Pesticide & Toxic Management, USEPA,
Region IV, 345 Courtland Street, NE.,
Atlanta,  GA 30365, (404) 347-4298.

Region V

  Asbestos NESHAPs Contact, Air
Management Division, USEPA, Region
V, 230 S. Dearborn Street, Chicago, 1L
60604, (312) 353-6793.

Region VI

  Asbestos NESHAPs Contact, Air &
Waste Management Division, USEPA,
Region VI, 1445 Ross Avenue, Dallas,
TX 75202, (214) 655-7229.

Region VII
  Asbestos NESHAPs Contact. Air &
Waste Management Division, USEPA,
Region VII, 726 Minnesota Avenue,
Kansas City, KS 66101, (913) 236-2896.

Region VIII
  Asbestos NESHAPs Contact, Air &
Waste Management Division, USEPA,
Region VIII, 99918th Street, Suite 500,
Denver, CO 80202,  (303) 293-1814.

Region IX
  Asbestos NESHAPs Contact, Air
Management Division, USEPA, Region
IX, 215 Fremont Street, San Francisco,
CA 94105, (415) 974-7633.

Region X
  Asbestos NESHAPs Contact, Air &
Toxics Management Division, USEPA,
Region X, 1200 Sixth Avenue, Seattle,
WA 98101, (206) 442-2724.
  Once the transporter is satisfied with
the condition of the asbestos waste and
agrees to handle it, the containers
should be loaded into the transport
vehicle in a careful manner to prevent
breaking of the containers. Similarly, at
the disposal site, the asbestos waste
containers should be transferred
carefully to avoid fiber release.
  Waste transport. Although there are
no regulatory specifications regarding
the transport vehicle, it is recommended
that vehicles used for transport of
containerized asbestos waste have an
enclosed carrying compartment or

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                                         COMPARISON OF
                                  AHERA TRAINING REQUIREMENTS
      Designated
        Person
         2-Hour
    General Awareness
       16-Hour for Persons
       Who Disturb Asbestos
 0 health effects of asbestos

 0 detection, identification,
  and assessment of ACM

 0 options for controlling ACBM

 0 asbestos management programs

 0 relevant Federal/State
  regulations
          - AHERA
          - OSHA
'.—--        - Labor
          - D.O.T.
          - E.P.A.
information re asbestos and
its forms and uses

health effects associated
with asbestos exposure

locations of ACBM identified
in each building in which
they work

recognition of damage,
deterioration, delamination
of ACBM

name and telephone number
of designated person, and
availability and location of
management plan
2-hour general awareness
            PLUS

0 descriptions of proper methods
  of handling ACBM

0 information on use of respira-
  tory protection as in EPA/
  OSHA document named in
  40 C.F.R. 763.92(a)(2)(ii)

° AHERA rule provisions
  763.91 - O&M
  763.92 - Training & periodic
           surveillance
             Interim TEM Methods
             Work Practices, SS, SD
             Model Accreditation
              Plan
Appendix D - Transport and Disposal
              of Waste
763. Subpart G - (Worker Protection)
40 C.F.R.  Part 61 Subpart M-NESHAP
OSHA regulations at 29 C.F.R. 1926.58

0 hands-on training in use of
  respiratory protection,  other
  personal protection measures, and
  good work practices
Appendix A
Appendix B
Appendix C

-------
Wednesday
February 25, 1987
Part II


Environmental

Protection Agency

40 CFR Part 763
Asbestos Abatement Projects; Worker
Protection; Final Rule

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5618  Federal Register / Vol. 52. No. 36-37 / Wednesday,  February  25, 1987 / Rules  and Regulations
ENVIRONMENTAL PROTECTION
AGENCY

40 CFR Part 763

IOPTS-62050; FRL 3104-1 ]

Asbestos Abatement Projects; Worker
Protection

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

SUMMARY: This rule, under section 6(a)
of the Toxic Substances Control Act
(TSCA). 15 L'.S.C. 2605(a). extends
additional protections to State and local
government employees covered by the
EPA asbestos abatement worker
protection rule published in the Federal
Register of April 25.1986. This
additional protection is provided by
incorporating in the EPA rule the new
asbestos workplace standard issued by
the Occupational Safety and Health
Administration (OSHA) in June 1986.
F.PA's worker protection rule of April
1980 had extended  the protection of
OSI iA's previous asbestos workplace
standard to employees in States that do
not have either worker protection plans
approved by OSHA or asbestos
abat^rnnn! regulations which EPA
decided were comparable to or more
stringent  than EPA's worker protection
rulo.
DATES: In accordance with 40 CKR 23.5  .
(50 FR 7271). this rule shall be.   '
promulgated for purposes of judicial
review at 1 p.m. eastern time on March
11.1987. This rule is effective on March
27. 1967.
FOR FURTHER INFORMATION CONTACT:
Edward A. Klein. Director. TSCA
Assistance Office (TS-799). Office of
Toxic. Substances. Environmental
Protection Agency. Rm. E-543. 401 M St.
SW . Washington, DC 204GO, (202-554-
14.'i4j.
SUPPLEMENTARY INFORMATION:

I. Authority
  Section 6[a< of TSCA authorizes EPA
to impose a number of specific
regulatory requirements concerning a
chemical substance or mixture if the
Agency finds that the manufacturing.
processing, distribution in commerce.
use. or disposal of the substance or
mixture, or any combination of these
activities presents or will present an
unreasonable risk of injury to health or
the environn.ent. Among the
requirements that EPA may impose are
those, in section 6(a) (5) and (6). Section
6!«),.r<) of TSCA authorizes EPA to
prohibit or otherwise regulate any
manner or method of commercial use of
a chemical substance or mixture.
Section 6[a)(6) of TSCA authorizes EPA  .
to prohibit or otherwise regulate any
manner or method of disposal of a
chemical substance or mixture, or any
article containing that substance or
mixture, by any person who uses or
disposes of it for commercial purposes.
  These subsections provide authority
for EPA to issue this rule, which
establishes requirements to protect
State and local public employees
engaged in abating the hazards of
asbestos in public buildings. The
asbestos present in such buildings ha«
been sold as a commercial product, and
therefore abatement activities affecting
the use of asbestos in these buildings is
commercial activity, subject to section
6(a)i5) of TSCA. The removal of
asbestos, a disposal activity, will  affect
commercial activities occurring in the
public buildings, and, therefore, is
considered disposal for commercial
purposes subject to section 6(a)(6).
II. Background
  This rule replaces a final rule
published in the Federal Register  of
April 25.1986 (51 FR 15722). That  rule
was  promulgated after EPA received
and considered public comments  on an
immediately effective proposed rule
published in the Federal Register  of July
12.1985 (50 FR 28530). In the previous
final rule. EPA extended provisions of
the then existing Asbestos Standard of
the Occupational Safety and Health  '•
Administration (OSHA) to State and
local government employees who were
not covered by asbestos standards
issued under State plans approved by-
OSHA, or other State regulations in
Idaho, Kansas. Oklahoma, and .
Wisconsin that EPA had determined are
comparable to or more stringent than
the EPA rule. In that rule EPA
announced that it would issue a revised
rule  when the OSHA standard was
revised to ensure that all public and
private sector employees who
participate in asbestos abatement
projects enjoy similar levels of,
protection. OSHA issued such a revised
rule  with detailed requirements for
construction activities, including
asbestos abatement projects, in the  •
Federal Register of June 20.1986 (51 FR
22612).
  EPA also announced in the previous
rule  that it would issue the revised rule
as a final rule with no additional
comment period because EPA and
OSHA had already received extensive
comments on the topic of protection of
workers engaged in abatement work (51
FR 15723). EPA is incorporating changes
in this rule which have been suggested
in comments to both agencies. In this .
 rale. EPA is lowering the permissible
 exposure limit (PEL) to asbestos to 0.2
 fiber per cubic centimeter of air (f/cc)
 and is instituting new requirements for
 engineering and work practice controls.
 and new requirements to train workers
 engaged in asbestos abatement.

 HI. The Relationship of This Rule to the
 OSHA Asbestos Standard

   In general, this rule applies  the major
 provisions of OSHA's new Asbestos
 Standard for construction work to
 asbestos abatement projects. This rule.
 however, differs from OSHA's because
 it retains certain features of EPA's
 previous final rule. It applies solely to
 activities involved in asbestos
 abatement projects, in contrast to the
 standard promulgated by OSHA. which
 applies generally to any construction
 activity involving exposure to asbestos.
 This rule also retains the definition of
 asbestos EPA has used in the  previous
 final rule and, unlike OSHA's standard.
 does not cover non-asbestifonn fibers.
   This rule also differs from OSHA in
 retaining the reporting requirements
. published in  the previous final EPA rule.
 EPA considers these requirements
 necessary to monitor compliance with
 the general provisions of the rule. Under
' 8 763.124. employers, with certain
 exceptions, must notify EPA that they
 intend to undertake an abatement
 project covered by the rule at least 10
 days before they begin abatement. The
. exceptions include all asbestos
 abatement projects involving  less than 3
 linear feet or 3 square feet of  friable
 asbestos material, which employers
 need not report to EPA. and emergency
 projects which need not be reported in
 advance, but. instead, "as soon as
 possible but  in no case more than 48
 hours after the project begins."
   Employers engaged in small-scale
 abatement projects should note thai this
 rule imposes requirements which differ
 from those in the previous final rule.
 These requirements differ because EPA
 is incorporating OSHA's new provisions
 for small-scale, short-duration projects.
 Thus, under the new rule, employers
 whose workers are engaged in sampling
 or repair projects of less than 3 linear
 feet or 3 square feet are no longer
 excluded from all requirements as they
 were in EPA's previous final rule.
 instead, consistent with OSHA. the new
 rule defines "small-scale", "short
 duration" projects in a qualitative way
 and generally imposes requirements
 different from, and less burdensome
 than, projects characterized as large-
._ scale  and long-duration (see Units  V.C
' and'G). Examples of typical small-scale.

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       Federal Register / Vol. 52. No. 36-37 / Wednesday.  February 25.  1987 / Rules and Regulations   5619
short-duration projects are listed in Unit
V.C.
  EPA also wishes to clarify the reasons
why it defines the term "fiber" in the
same way as OSHA, i.e., as a
"participate form of asbestos 5
micrometers or longer, with a lenpth to
diameter ratio of at least 3 to 1." This
definition is consistent with OSHA and
avoids technical difficulties in
measuring concentrations of smaller
fibers. The definition does not result
from a finding that small fibers  are less
harmful than other fibers. EPA refers
readers  to its previous discussion of
fiber length in the preamble to the notice
published in the Federal Register of
lanuary 29.1986 entitled "Asbestos;
Proposed Mining and Import
Restrictions and Proposed
Manufacturing.  Importation and
Processing Prohibitions" (51 FR 3742) for
an analysis of this issue.

IV. Provisions

  EPA has retained in §§  763.120,
763.124. 763.125. and 763.126 the same
language concerning the scope of the
rule, reporting requirements,
enforcement and inspections as in the
rule published in April 1986. Those
sections are republished in this rule for
the convenience of the reader. Section
763.121 of this rule establishes new
regulatory requirements for the
protection of State and local asbestos
abatement workers. These requirements
replace  the requirements of the rule
published in April 1986. The major new
provisions are discusstd below. Section
763.122 of this rule establishes the
criteria  for States to be excluded from
this rule and the procedures for the
submission and review of the
regulations adopted by States which
request  exclusion. These criteria and
procedures are  summarized in Unit V.
This document  also corrects the
authority citation for 40 CFR Part 763.
  This rule is effective March 27.1987.
EPA is making this rule effective at this
relatively early date so that protections
for asbestos abatement workers in the
public sector will be introduced at the
same time as. or soon after, the lower
permissible exposure level, work
practices and engineering controls
required by OSHA's  standard for the
construction industry.

A. Exposure Limits
  In this rule. FPA establishes  a new
Permissible Exposure Limit (PEL) for
workers exposed to airborne asbestos.
In S 763.121(0.  it  sets the PEL as 0.2
fiber per cubic  centimeter of air (f/cc),
averaged over an 8-hour day. Employers
(defined in this rule as the public
department, agency or entity which
hires an employee) must determine the
PEL by means of the methods prescribed
in Appendix A, the "EPA/OSHA
Reference Method," or by an equivalent
method, as described in Appendix B,
"Detailed Procedures for Asbestos
Sampling Analyses, Non-Mandatory."
EPA will treat Transmission Electron
Microscopy as an equivalent method for
the purposes of this rule.
  In { 763.121(b) the rule establishes the
action level as 0.1 f/cc averaged over 8
hours. The action  level is that level at
which employers must begin activities
such as air monitoring, employee
training, and medical surveillance.

B. Air Monitoring
  This rule establishes new
requirements for initial and periodic air
monitoring of workplaces where
asbestos abatement projects take place.
Section 763.121(0  requires that
employers who have a workplace or
work operation covered by this standard
must generally perform initial
monitoring to determine the airborne
concentrations of asbestos to which
employees may be exposed. If
employers can demonstrate that
employee exposures are below the
action  level by means of objective data,
then initial monitoring is not required. If
initial monitoring indicates that
employee exposures are below the PEL,
daily monitoring is not required. In
certain areas designated as regulated
areas (discussed in Unit V.C) the
employer must conduct daily monitoring
unless all workers are equipped with
supplied-air respirators operated in the
positive pressure  mode. If daily
monitoring within the regulated area
indicates by statistically reliable
measurements that employee exposures
are below the action level, no further
monitoring is required for those
employees whose exposures are
represented by such monitoring.
Employees must be given the chance to
observe monitoring, and affected
employees must be notified as soon as
possible following the employers'
receipt of the results.
C. Regulated Areas      *•
   Where airborne concentrations of
asbestos exceed the PEL. the employer
must establish special areas, called
regulated areas, to demarcate those
places. Only authorized personnel may
enter regulated areas. All persons
entering a regulated area must be
supplied with an  approved respirator,
and employers must ensure that these
respirators are worn. No smoking,
eating, drinking, or applying cosmetics is
permitted in regulated areas. Warning
signs stipulated in { 763.121(k) must be
displayed at each regulated area and
must be posted at all approaches to
regulated areas.
  Wherever feasible (i.e.. wherever
permitted by the physical characteristics
of the space where asbestos abatement
takes place), { 763.121(e)(6) requires that
the employer establish negative-
pressure enclosures before commencing
asbestos removal, demolition, and
renovation operations. In these
enclosures, a competent person
(described in Section H) must be
designated to set up the enclosure and
ensure its integrity and supervise
employee activity within the enclosure.
In addition, the employer must conduct
daily monitoring that is representative
of the exposure of each employee who is
assigned to work within a regulated
area unless all employees are equipped
with supplied-air respirators.
  Section 763.121 (e)(6](iv) establishes an
exemption from the requirement to
maintain negative-pressure enclosures
in regulated areas for small-scale, short-
duration operations, such as pipe repair,
valve replacement, installing dry wall
and other general building maintenance
and repair activities.
D. Methods of Compliance
  EPA stipulates in { 763.121(g)(l) the
engineering and work practice controls
which must be used to reduce employee
exposure to within the PEL The
employer must use one or any
combination of the following control
methods to achieve compliance: (1)
Local exhaust ventilation equipped with
High Efficiency Particulete Air (HEPA)
filter dust collection systems; (2) general
ventilation systems; (3) asbestos
vacuum cleaners equipped with HEPA
filters; (4) enclosure or isolation of
asbestos dust-producing processes: (5)
wet methods,  wetting agents, or removal
encapsulants  used during asbestos
handling, mixing, removal, cutting,
application, and clean-up; and (6) prompt
disposal of asbestos-containing wastes
in leak-tight containers. Respiratory
protection must be used where
engineering and work practice controls
have been instituted but are insufficient
to reduce employee exposure to or
below the  PEL
   Section 763.121(g)(2) states that
 certain work practices are prohibited.
These include: (1) The use of high speed
 abrasive disc saws that are not
 equipped with appropriate engineering
 controls; (2) the use of compressed air to
 remove asbestos-containing materials.
 unless the compressed air is used in
 conjunction with an enclosed ventilation
 system; and (3)  the spray application of
 asbestos-containing materials.

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5620  Federal Register / Vol. 52. No. 36-37 / Wednesday. February 25. 1987  / Rules and Regulation*
£1 Respiratory Protection
  EPA requires in { 763.121(h) that
employers provide respirators and have
their employees use them in the
following circumstances: (1) While
feasible engineering and work practice
controls are being installed or
implemented; (2) during activities where
engineering and work practice controls
are not feasible; (3) if feasible
engineering and work practice controls
are insufficient to reduce employee
exposure to or below the exposure limit;
and (4) in emergencies. Respirators must
be selected according to the provisions
of 30 CFR Part 11. The employers must
develop a respirator program, and EPA
suggests that they develop one that
follows the OSHA General Industry
Standards (29 CFR 1910.134). Based on
available data. EPA believes that this
rule would require the wearing of
respirators during many asbestos
abatement projects.
  The rule also requires in
{ 763.121(h)(3) that employees who use a
filter respirator must change filters
whenever an increase in breathing
resistance is detected. Employees who
wear respirators must be allowed to
wash their faces and respirator
facepieces whenever necessary to
prevent skin irritation associated with
respirator use. An employee must not be
assigned to tasks requiring the use of
respirators if a physician determines
that the employee is unable to function
normally wearing a respirator or that the
employee's safety and health or that of
others would be  affected by the
employee's use of a respirator. In this
case, the employer must assign the
employee  to another job which does not
require the use of a respirator. The job
should be with the same employer in the
same geographical area, and with the
same seniority, status, and rate of pay, if
such a position is available.
  Section 763.121(h)(4) requires that the
employer must assure that a respirator
issued to an employee fits properly and
exhibits minimum facepiece leakage.
Employers must perform quantitative or
qualitative fit tests at the time of initial
fitting and at least every 6 months for
each  employee wearing negative-
pressure respirators. Appendix C
describes mandatory quantitative and
qualitative procedures for testing
respirators.

F. Protective Clothing
  Section 763.121(1) of this rule
establishes the general  requirement that
employers must provide and  require the
use of protective clothing such as
coveralls or similar full body clothing,
head coverings,  gloves, and foot
coverings for any employee exposed to
airborne concentrations of asbestos that
exceed the PEL
  The section also stipulates that
asbestos-contaminated work clothing
must be removed in change rooms and
placed and stored in closed, labeled
containers which prevent dispersion of
the asbestos into the ambient
environment. Protective clothing and
equipment must be cleaned, laundered
repaired, or replaced to maintain their
effectiveness. EPA recommends the use
of disposable protective clothing, but if
nondisposable clothing is worn, the
employer must inform any person who
launders or cleans such asbestos-
contaminated clothing of the potentially
harmful effects of exposure to asbestos.
Contaminated clothing and equipment
taken out of change rooms or the
workplace for cleaning, maintenance, or
disposal must be transported in sealed
impermeable bags, or other closed
impermeable containers and be
appropriately labeled.
C. Hygiene Facilities and Practices
  In { 763.121(j), EPA requires that the
employer provide clean change areas for
employees required to work in regulated
areas who wear respirators and
protective clothing. Change areas are to
be equipped with separate storage
facilities for protective clothing and
street clothing. Section 763.121(j)(2)
requires that for asbestos removal,
demolition, and renovation operations,
the employer must establish a
decontamination area for the
decontamination of asbestos-
contaminated employees. This area
must be adjacent and connected to the
regulated area. The section describes in
detail the requirements for the
decontamination area which  must
consist of an equipment room, shower
area, and clean room in series.
   Section 763.121(j) also provides an
exclusion for employers  of workers
engaged in small-scale, short-duration
projects. In lieu of the clean change area
requirement the employer may permit
employees engaged in the operations to
clean their protective clothing with a
portable HEPA-equipped vacuum before
employees leave the area where
maintenance was performed.
H. Information and Training
   Section 763.121(k)(3) requires that the
employer develop a training program for
all employees who are exposed to
airborne concentrations of asbestos at
or above the action level. Training must
be provided prior to the  time of initial
assignment and at least  yearly
thereafter. The training program must
inform employees about the methods of
recognizing asbestos and the health
hazards of asbestos exposure; the
relationship between asbestos and
smoking in producing lung cancer
operations which could result in
asbestos exposure; the importance of
necessary protective control* to
minimize exposure including, as
applicable,  engineering controls, work
practices, respirators, housekeeping
procedure*, hygiene facilities, protective
clothing, decontamination procedures.
emergency procedures, and waste
disposal procedures; the purpose, proper
use. and limitation* of respirators; and
the medical surveillance program. All
training material* must be available to
the employee* without cost and, upon
request to the EPA. The competent
person who supervises activities in the
regulated area must attend a
comprehensive course on asbestos
hazards and proper method* of
abatement such as the courses offered
by EPA-approved Information Centers
and Satellite Centers, or courses of
similar length and content.

/. Housekeeping

  Section 763.121(1) requires that
vacuuming equipment, when used, must
have HEPA filters. It also stipulates that
asbestos waste, scrap, debris, bags,
containers, equipment, and asbestos-
contaminated clothing consigned for
disposal must be collected and disposed
of in sealed, labeled, .impermeable bags
or other closed, labeled, impermeable
container*.
/. Medical Surveillance
  Section 763.121(m) requires that the
employer establish a medical
surveillance program,  prior to
assignment for all employees who will
be required to wear respirators or who
will be exposed to airborne
concentrations of asbestos at or above
the action level for 30 or more days per
year. All examinations must be
performed  under the supervision of a
licensed physician and shall be
provided without cost to the employee
and at a reasonable time and place.
Examinations must include: A medical
and work history and physical
examination with special emphasis
directed to the respiratory,
cardiovascular, and gastrointestinal
systems; completion of a respiratory
disease questionnaire; a chest X-ray
administered at the discretion of the
physician;  and pulmonary function tests.
These examinations must be made
 available annually, and Appendix E, a
mandatory "Medical Questionnaire,"
 must be used.

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       Federal Register / Vol. 52. No. 36-37 / Wednesday, February  25. 1987 / Rules and Regulations  5621
  The employer must give the examining
physician: A copy of this rule and its
Appendix E; a description of the
employee's duties relating to the
employees's asbestos exposure; the
exposure level or anticipated exposure
level; a description of any personal
protective and respiratory equipment
used or to be used; and information from
previous medical examinations. The
employer must obtain a written signed
opinion from the physician as to
whether the employee has any detected
medical condition that would place the
employee at an increased risk from
exposure to asbestos, any recommended
limitations on the employee or upon the
use of personal protective equipment
such as clothing or respirators, and a
statement that the employee has been
informed by the physician of the results
of the medical examination. The
physician is not to reveal in the written
opinion given to the employer specific
findings or diagnoses unrelated to
occupational exposure to asbestos. The
employer must provide a copy of the
physician's written opinion to the
affected employee within 30 days from
its receipt.

K. Recordkeeping
  According to S 783.121(n). the
employer must keep an accurate record
of all measurements taken to monitor
employee exposure to asbestos. This
record should include: The date of
measurement; operation involving
exposure; sampling and analytical
methods used, and evidence of their
accuracy; number, duration and results
of samples taken; type of respiratory
protective devices worn; and name.
social security number, and the results
of all employee exposure measurements.
This record must be kept for 30 years.
  The employer must also maintain an
accurate record for each employee
subject to medical surveillance. The
record must include: The name and
social security number of the employee;
a copy of the employee's medical
complaints related to exposure to
asbestos; and information provided to
the examining physician as described
under medical surveillance. This record
must be maintained for the duration of
employment plus 30 years. The employer
must maintain all employee training
records for 1 year beyond the last date
of employment by that employee.
  AH records must  be made available
on request to the EPA, as well as to
affected employees, former employees,
and designated representatives. When
the employer ceases to operate (e.g.,
because of consolidation of a school
district or abolition of a special purpose
district) and there is no successor
employer to receive the records for the
prescribed period, the employer must
notify the Administrator of EPA at least
90 days prior to disposal of records.

V. Future Revisions and Exclusions for
States
  EPA realizes that it may be necessary
to revise this rule in the future. Several
parties have brought suit against OSHA
challenging provisions of its Asbestos
Standard. Should that litigation cause
the need to revise the OSHA rale, EPA
would revise the present rule to be
consistent with any such revisions to the
OSHA rule.
  In { 763.122 EPA gives the four States
which were exempt from the previous
final rule 6 months, or such other
reasonable time as suggested by the
particular State and approved by EPA's
Director of the Office of Toxic
Substances, to revise their regulations to
conform to the new standard. These
States must submit any new regulations
to the Agency for review. The Agency
will review each submission to decide
whether to continue excluding the State
from coverage under the rule, or to
amend the rule to cover the public
employees in the State who are engaged
in abatement work. Section 763.122(a)(l)
of the rule establishes procedures for
this review process.
  If any other State now has or in the
future adopts a regulation which is
comparable to or more stringent than
this rule and wishes to be excluded from
this rule, that State should send a copy
of the regulation to EPA's Office of
Toxic Substances and request to be
excluded from the rule. EPA  will review
the regulation, and, if it finds the
regulation to be comparable  to or more
stringent than this rule, will propose an
amendment excluding that State from
coverage. Interested persons may then
comment on the proposed exclusion
during a period for public comment.
After considering any comments, EPA
could then promulgate a final
amendment to the rule. These
procedures are outlined in §  763.122(hj
of the rule.
VI. Regulatory Assessment
  EPA, in developing this final rule, has
considered the requirements imposed by
section 6(c)(l) of TSCA in order to
determine whether asbestos or mixtures
containing asbestos present  an
unreasonable risk. Specifically, it has
considered the effects of the substance,
or mixtureo containing the substance, on
health and the environment, and the
magnitude of human and environmental
exposure to the substance or mixture. It
has also considered the benefits of the
substance and the availability of
substitutes and the reasonably
ascertainabie economic consequences of
the rule. EPA incorporates the regulatory
assessment made for the previous final
rule (51 FR15724), and assesses in this
document only the incremental changes
introduced by this rule.

A. Health Effects and Magnitude of
Exposure to Asbestos

  In the rule published in April, EPA
reviewed the serious advene human
health effects associated with the use of
asbestos. No additional analysis is
needed for this rule. EPA's conclusions
as to the health effects of asbestos were
supported by the "Report to the United
States Consumer Product Safety
Commission (CPSC) by the Chronic
Hazard Advisory Panel on Asbestos,"
(CHAP) (Ref. 1), "Health Effects and
Magnitude of Exposure" in EPA's
"Support Document for Final Rule of
Friable Asbestos-Containing Materials
in School Buildings" (Ref. 2). and the
"Report of the (National Research
Council) Committee on Nonoccupational
Health Risks of Asbestiform Fibers"
(Ref. 3), and were summarized more
recently in the preambles to EPA's
proposal entitled "Asbestos; Proposed
Mining and Import Restrictions and
Proposed Manufacturing, Importation
and Processing Prohibitions" (51 FR
3738) and OSHA's final rule.
"Occupational Exposure to Asbestos,
Tremolite, Anthophyllite and Actinolite"
(51 FR 22612).
   The final rule published in April 1966
considered the nature of exposures to
asbestos which occur in the course of
abatement work, and this rule
incorporates that analysis. This rule will
lower the exposures due to asbestos
abatement experienced by State and
local public employees who take part in
asbestos abatement work, State and
local public employees, and building
occupants, such as school children,
hospital patients and visitors. It will do
so because the rule lowers the PEL from
2.0 f/cc, the level set by the final rule
published in August, to 0.2 f/cc, and it
requires employers to provide
respirators, and to establish engineering
and work practice controls to reduce
exposures to asbestos to this level.
B. Environmental Effects

   Section 6(c) of TSCA requires that
EPA state the relevant environmental
factors and key considerations which
form the basis for regulatory action
under section 6(a). The unreasonable
risk finding of this rule is based solely
on risks to human health since these
risks are by far the most serious
consequence of unregulated removal,

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5622  Federal  Register / Vol. 52.  No. 36-37  /  Wednesday. February 25.  1987 / Rules  and Regulations
enclosure, or encapsulations of friable
asbestos material and are sufficient to
support this rule.

C. Benefits of Asbestos Products and
A variability of Substitutes
  As in the previous final rule. EPA
finds that the benefits of the asbestos-
containing products affected by this  rule
are minimal. This rule applies only when
persons have already decided to
remove, enclose, or encapsulate friable
asbestos material. These people
presumably will have already
determined that there are no benefits in
using the asbestos-containing material
in its present condition. In addition.
there are adequate substitutes for the
asbestos products that are being
removed from buildings.
D. Economic Effects of the Rule

  This portion of the preamble presents
EPA's determination of the "reasonably
ascertainable economic consequences of
the rule, after consideration of the effect
on the national economy, small
business, technological innovation, the
environment, and public health" as
required by section 6(c)(l)(D) of TSCA.
  EPA estimates that this rule will
increase the cost of asbestos abatement
to some extent beyond the costs stated
in the preamble to the rule published in
April (51 FR 15727). In its analysis of the
costs of this rule (Ref. 5), EPA estimates
that the rule would increase the cost of
asbestos removal projects as follows:






School
OttlCM
Ho»pil*l» 	 	 	 	 „.„; 	
Boiler
Boiler /Pipes 	 „ 	 	 	 _ 	 	
Total 	 _


COM/
proiect
under
old
rule

15.000
21.000
81.000
SOOO
3.000


Incre-
mental
Increase
in cost/
protect
under
new rule
113.930
17.702
45.160
5.237
1.965




Protect*/
year


48
3
2
a
8



Incre-
mental
tncrene
in COM/
year

MU.640
S3 1M
90.320
47,133
17,685




No.
01
yean


4
>5
IS
15
15




Prmm
value

abated. Although this rule may double
the costs of some projects, the costs
nonetheless are low, compared to
benefits. If a State or local government
has decided it can afford a project under
the original final rule, the incremental
cost under this amended rule should not
be substantial. EPA believes that the
possibility of reducing releases of
asbestos during abatement under the
new requirements justifies the increased
costs.
  EPA has concluded that the additional
protection provided by this new rule
outweighs the incremental costs of the
control measures required, and that
public employees engaged in asbestos
abatement work should receive the
same standard of protection as that set
by OSHA for workers in the private
sector. Therefore. EPA finds it is
necessary to require that certain
measures be taken to reduce the risk
faced by asbestos abatement workers
and persons using and visiting buildings
during and after asbestos abatement
activities.
VIII. Enforcement

   Section 15 of TSCA makes it unlawful
to fail or refuse to comply with any
provision of a rule promulgated under
section 6 of TSCA. Therefore, failure to
comply with this rule would be a
violation of section 15 of TSCA. In

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       Federal  Register / Vol. 52. No. 36-37  /  Wednesday. February 25. 1987 / Rules and Regulations   5623
addition, section 15 of TSCA makes it
unlawful for any person to: (1) Fail or
refuse to establish and maintain records
as required by this rule; (2) W or refuse
to permit access to or copying of
records, as required by TSCA: or (3) fail
or refuse to permit entry or inspection as
required by section 11  of TSCA.
  Violators may be subject to both civil
and criminal liability. Under the penalty
provision of section 16 of TSCA. any
person who violates section 15 could be
subject to  a civil penalty of uplo $25,000
for each violation. Each day of operation
in violation of this rule could  constitute
a separate violation. Knowing or willful
violations of this rule could lead to the
imposition of criminal penalties of up to
$25.000 for each day of violation and
imprisonment for up to 1 year. In
addition, other remedies are available to
EPA under sections 7 and 17 of TSCA,
such as seeking an injunction to restrain
violations of this rule.
K. Rulemaking Record
  EPA has established a record for this
rulemaking under document control
number OPTS-62050. A public version of
the record and an index of documents in
the record are available to the public in
the Office of Toxic Substances Public
Information Office from 8 a.m. to 4 p.m.,
Monday through Friday, except legal
holidays. The Public Information Office
is located  in Rm. NE-004,401 M St.,  SW.,
Washington. DC.
  The record includes  information
considered by EPA in developing this
rule. The record now includes the
following categories of information: (1)
Federal Register notices, (2) support
documents. (3) reports, and (4)
memoranda and letters.
   The record also includes by reference
the rulemaking record compiled by
OSHA as  part of the revision of the
OSHA Asbestos Standard and the
rulemaking record for  EPA's  final rule
published in April 1986.
X. References
  (1) USCPSC. Reports to the U.S. Consumer
Product Safety Commission by the Chronic
Hazard Advisory on Asbestos. July 1963.
   (Z) USEPA. OPTS. OTS. Support Document
for Final Rule on Friable Asbestos-Containing
Materials in School Building*—Health Effects
•nd Magnitude of Exposure, January 1982.
   (3) National  Research Council.
"Nonoccupational Health Risks  of
Asbestiform Fibers". National Academy
Press. Washington. DC. 1964.
   (4) USDOL OSHA. "Occupational
Exposure to Asbestos. Tremolite.
Anthophyllile. and Actinolite." [June 20.1966:
SI FR 22612).
   (5) USEPA. OPTS. OTS. Revision to
Asbestos Abatement Worker Protection Rule:
Summery of Cost-Effectiveness  Analysis.
December  1986.
XI. Regulatory Assessment
Requirements

A. Executive Order 12291

  Under Executive Order 12291. EPA
prepared a Regulatory Impact Analysis.
The Analysis estimated that this rule,
would cost about $4.2 over IS years.
EPA believes that these costs are
reasonable. Under Executive Order
12291. EPA must judge whether a
regulation is "major" and therefore
requires a Regulatory Impact Analysis.
EPA has determined that this rule is not
a "Major Rule" because it will not have
an effect on the economy of $100 million
or more and it will not have a significant
effect on competition, costs, or prices.
  This rule was submitted to the Office
of Management and Budget (OMB) for
review as required by Executive Order
12291.

B. Regulatory Flexibility Act

  EPA has analyzed the economic
impact of this rule on small businesses.
Reference, to EPA's analysis appears in
Unit V1J).

C. Paperwork Reduction Act

  The information collection
requirements contained in this rule have
been approved by OMB under the
provisions of the Paperwork Reduction
Act of 1980.44 U.S.C 3501 et seq. and
have been assigned OMB control
number 2070-0072.

List of Subjects in 40 CFR Part 763

   Asbestos, Environmental protection.
Hazardous substances. Reporting and
recordkeeping requirements.
  Dated: February 6.1987.
Lee M. Thomas,
Administrator.

PART 763-{ AMENDED]

   Therefore. 40 CFR Part 763 is
amended as follows:
   1. The authority citation for Part 763 is
revised to read as follows, and all of the
section or aubpart authorities are
removed:
   Authority: IS U.S.C. 2805 and 2807(a).

   2. Subpart G consisting of §§ 763.120
 through 763.126 is revised to read as
 follows:
 Subpart G—Aoboato* Abatement Projacto

 Sec.
 763.120  Scope.
 763.121  Regulatory requirements.
 763.122  Exclusions for States.
 763.124  Reporting.
 763.125  Enforcement.
 763.126  Inspections.
Subpart G—Asbestos Abatement
Project*

S 783.120 8cop«.
  (a) This part establishes requirements
which must be followed during asbestos
abatement projects by employers of
State and local government employees
not covered by the Asbestos Standard
of the Occupational Safety and Health
Administration (OSHA). 29 CFR 1026.58,
an Asbestos Standard adopted by e
State as part of a State plan approved
by OSHA under section 18 of the
Occupational Safety and Health Act. or
a State asbestos regulation which EPA
has determined to be comparable to or
more stringent than this part. The rule
covers those employees who take part in
asbestos abatement work.
  (b) (Reserved]

§763.121 Regulatory raqutrwmmts.
  (a) (Reserved]
  (b) Definitions. "Action level" means
an  airborne concentration of asbestos of
0.1  fiber per cubic centimeter (f/cc) of
air calculated as an 8-hour time-
weighted average.
  "Administrator" means the
Administrator. U.S. Environmental
Protection Agency, or designee.
  "Asbestos" means the asbestiform
varieties of chrysotile (serpentine);
crocidolite (riebeckite); amosite
 (cummingtonit—grunerite); tremolite;
 anthophyllite, and actinolite.
  "Asbestos abatement project" means
 any activity involving the removal,
 enclosure,  or encapsulation of friable
 asbestos material.
  "Authorized person" means any
 person authorized by the employer and
 required by work duties to be present in
 regulated areas.
   "Clean room" means an
 uncontaminated room having facilities
 for the storage of employees' street
 clothing and uncontaminated materials
 and equipment
   "Competent person" means one who
 is capable of identifying existing
 asbestos hazards in the workplace and
 who has the authority to take prompt
 corrective measures to eliminate them.
 The duties of the competent person
 include at least the following:
 Establishing the negative-pressure
 enclosure, ensuring its integrity, and
 controlling entry to and exit from the
 enclosure; supervising any employee
 exposure monitoring required by this
 subpart ensuring that all employees
 working within such an enclosure wear
 the appropriate personal protective
 equipment, are trained in the use of
 appropriate methods of exposure
 control, and use the hygiene facilities

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5624  Federal Register / Vol. 52. No. 36-37 / Wednesday.  February 25. 1987 / Rules  and Regulations
and decontamination procedures
specified in this subpart: and ensuring
that engineering controls in use are in
proper operating condition and are
functioning properly.
  "Decontamination area" means an
enclosed area adjacent and connected
to the regulated area and consisting of
an equipment room, shower area, and
clean room, which is used for the
decontamination of workers, materials.
and equipment contaminated with
asbestos.
  "Demolition" means the wrecking or
taking out of any load-supporting
structural member and any related
razing, removing, or stripping of
asbestos products.
  "Emergency project" means a project
involving the removal, enclosure, or
encapsulation of friable asbestos-
containing material that was not
planr.ed but results from a sudden
unexpected event
  "Employee exposure" means that
exposure to airborne asbestos would
occur if the employee were not using
respiratory protective equipment.
  "Employer" means the public
department, agency, or entity which
hires an employee. The term includes.
but is not limited to. any State. County.
City, or other local governmental entity
which operates or administers schools, a
department of health or human sen-ices.
a library, a police department, a fire
department, or similar public service
agencies or offices.
  "Equipment room (change room}"
means a contaminated room located
within the decontamination area that is
supplied with impermeable bags or
containers for the disposal of
contaminated protective clothing and
equipment.
  "Fiber" means a paniculate form of
asbestos. S micrometers or longer, with
a iength-to-diameter ratio of at least 3 to
1.
  "Friable asbestos material" means
any material containing more than 1
percent asbestos by weight which, when
dry, may be crumbled, pulverized, or
reduced to powder by hand pressure.
  "High-efficiency particulate air
fHEPA) filter" means a filter capable of
trapping and retaining at least 99.97
percent of all monodispersed particles of
0.3 micrometer in diameter or larger.
  "Regulated area" means an area
established by the employer to
demarcate areas where airborne
concentrations of asbestos exceed  or
can reasonably be expected to exceed
 the permissible exposure limit. The
regulated area  may take the form of: (1)
 A temporary enclosure, as required by
 paragraph (e)(6) of this section, or (2) an
 area demarcated in any manner that
minimizes the number of employees
exposed to asbestos.
  "Removal" means the taking out or
stripping of asbestos or materials
containing asbestos.
  "Renovation" means the modifying of
any existing structure, or portion
thereof, where exposure  to airborne
asbestos may result.
  "Repair" means overhauling.
rebuilding, reconstructing, or
reconditioning of structures or
substrates where asbestos is present.  .
  (c) Permissible exposure limit (PEL).
The employer shall ensure that no
employee is exposed  to an airborne
concentration of asbestos in excess of
0.2 fiber per cubic centimeter of air as
an 8-hour time-weighted average
(TWA), as determined by the method
prescribed in Appendix A of this
section, or by an equivalent method.
  (d) Communication among employers.
On multi-employer worksites, an
employer performing asbestos work
requiring the establishment of a
regulated area shall inform other
employers (as defined by this subpart
and by 29 U.S.C. section 652(5)) on the
site of the nature of the employer's work
with asbestos and of the existence of
and requirements pertaining to regulated
areas.
  (e) Regulated areas—(1) General. The
employer shall establish a regulated
area in work areas where airborne
concentrations of asbestos exceed or
can reasonably be expected to exceed
the permissible exposure limit
prescribed in paragraph (c) of this
section.
   (2) Demarcation. The regulated area
shall be demarcated  in any manner that
minimizes the number of persons within
the area and protects persons outside
the area from exposure to airborne
concentrations of asbestos in excess of
the permissible exposure limit.
   (3) Access. Access to regulated areas
shall be limited to authorized persons.
   (4) Respirators. All persons entering a
regulated area shall be supplied with a
respirator, selected in accordance with
paragraph (h)l2) of this section.
   (5) Prohibited activities. The employer
shall ensure that employees do not eat
drink, smoke, chew tobacco or gum, or
apply cosmetics in the regulated area.
   (6) Requirements for asbestos
removal, demolition, and renovation
operations, (i) Wherever feasible, the
employer shall establish negative-
pressure enclosures  before commencing
 removal, demolition, and renovation
 operations.
   (ii) The employer shall designate a
 competent person to perform or
 supervise the following duties:
   (A) Set up the enclosure.
  (B) Ensure the integrity of the
enclosure.
  (C) Control entry to and exit from the
enclosure.
  (D) Supervise all employee exposure
monitoring required by this section.
  (E) Ensure that employees working
within the enclosure wear respirators
and protective clothing as required by
paragraphs (h) and (i) of this section.
  (F) Ensure that employees are trained
in the use of engineering controls, work
practices, and personal protective
equipment. ', '  '"
  (G) Ensure that employees use the
hygiene facilities and observe the
decontamination procedures specified in
paragraph (j) of this section.
  (H) Ensure that engineering controls
are functioning properly.
  (iii)(AJ In addition to the
qualifications opeciBed in paragraph (b)
of this section, the competent person
shall be trained in all aspects  of
asbestos abatement the contents of this
subpart, the identification of asbestos
and its removal procedures, and other
practices for reducing the hazard. Such
training shall be obtained in a
comprehensive course, such as a course
conducted by an JEPA Asbestos Training
Center, or an equivalent course.
  (B) For small-scale, shprt-rduratipn
operations, such as pipe repair, valve'
replacement, installing electrical
conduits, uistallmg or removing dry^-all.
roofing, and other general building
maintenance or renovation, the
employer is not required to comply with
the requirements of paragraph (e)(6) of
this section.
  (f) Exposure monitoring-r-{\} General.
 (i) Each employer who has a workplace
or work operation covered by this
 subpart shall perform monitoring to  '
determine accurately the airborne
 concentrations of asbestos to which
 employees may be exposed.
   (iij Determinations of employee
 exposure 111811 be made from breathing
 zone air samples that are representative
 of the 8-hour TWA pf *9,ch employee.
   (iii) Representative £hour TWA
 employee exposure shall be determined
 on the basis of one or more samples
 representing fullshift exposure for
 employees in each work area.
   (2) Initial monitoring, (i) Each
 employer who has a workplace or work
 operation covered by this subpart.
 except as provided for in paragraphs
 (f)(2)(ii) and (ill) of this section, shall
 perform initial monitoring at  the
 initiation of eacjii asbestos job to
 determine accurately the airborne
 concentrations of asbestos to which
 employees may be exposed.

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       Federal Register  /  Vol.  52. No. 36-37 / Wednesday. February 25. 1987  /  Rules and Regulations   5625
  (ii) The employer may demonstrate
that employee exposures are below the
action level by means of objective data
demonstrating that the product or
material containing asbestos cannot
release airborne fibers in concentrations
exceeding the action level under those
work conditions having the greatest
potential for releasing asbestos.
  (iii) Where the employer has
monitored each asbestos job, and the
data were obtained during work
operations conducted under workplace
conditions closely resembling the
processes, type of material, control
methods, work practices, and
environmental conditions used and
prevailing in the employer's current
operations, the employer may rely on
such earlier monitoring results to satisfy
the requirements of paragraph (f)(2)(i) of
this section. .
  (3) Periodic monitoring within
regulated areas, (i) The employer shall
conduct daily monitoring that is
representative of the exposure of each
employee who is assigned to work
within a regulated area.
  (ii) When all employees within a
regulated area are equipped with
supplied-air respirators operated in the
positive-pressure mode, the employer
may dispense with the daily monitoring
required by this  paragraph.
  (4) Termination  of monitoring.  If the
periodic monitoring required by
paragraph (f)(3)(i)  of this section reveals
that employee exposures, as indicated
by statistically reliable measurements,
are below the action level, the employer
may discontinue monitoring for those
employees whose  exposures are
represented by such  monitoring.
  (5) Method of monitoring, (i) All
samples taken to satisfy the monitoring
requirements of paragraph (f) of this
section shall be  personal samples
collected following the procedures
specified in Appendix A of this section.
  (ii) All samples taken to satisfy the
monitoring  requirements of paragraph (f)
of this section shall be evaluated using
the EPA/OSHA Reference Method
(ORM) specified in Appendix A,  or an
equivalent counting method.
  (iii) If an  equivalent method to the
ORM is used, the employer shall ensure
that the method meets the following
criteria:
  (A) Replicate  exposure data used to
establish equivalency are collected in
side-by-side field and laboratory
comparisons.
  (B) The comparison indicates that 90
percent of the samples collected  in  the
range 0.5 to 2.0 times the permissible
limit have an accuracy range of plus or
minus 25 percent of the ORM results
with a 95 percent confidence level as
demonstrated by a statistically valid
protocol.
  (C) The equivalent method is
documented and the results of the
comparison testing are maintained.
  (iv) To satisfy the monitoring
requirements of paragraph (f) of this
section, employers shall rely on the
results of monitoring analysis performed
by laboratories that have instituted
quality assurance programs that include
the elements prescribed in Appendix A
of this section.
  (6) Employee notification of
monitoring results, (i) The employer
shall notify affected employees of the
monitoring results that represent the
employees' exposure as soon as possible
following receipt of monitoring results.
  (ii) The employer shall notify affected
employees of the results of monitoring
representing the employees' exposure in
writing either individually or by posting
at a centrally located place that is
accessible to affected employees.
  (7) Observation of monitoring,  (i) The
employer shall provide affected
employees or their designated
representatives  an opportunity to
observe any monitoring of employee
exposure to asbestos conducted in
accordance with this section
  (ii) When observation of the
monitoring of employee exposure to
asbestos requires entry into an area
where the use of protective clothing or
equipment is required, the observer shall
be provided with and be required to use
such clothing and equipment and shall
comply with all other applicable safety
and health procedures.
  (g) Methods of compliance—(I)
Engineering controls and work
practices, (i) The employer shell use one
or any combination of the following
control methods to achieve compliance
with the permissible exposure limit
prescribed by paragraph (c) of this
section:
  (A) Local exhaust ventilation
equipped with HEP A filter dust
collection systems.
  (B) General ventilation systems.
  (C) Vacuum cleaners equipped with
HEPA filters.
  (D) Enclosure or isolation of processes
producing asbestos dust.
  (E) Use of wet methods, wetting
agents, or removal encapsulants to
control employee exposures during
asbestos handling, mixing, removal,
cutting, application, and cleanup.
  (F) Prompt disposal of wastes
contaminated with asbestos in leak-tight
containers.
  (G) Use of work practices or other
engineering controls that the
Administrator can show to be feasible.
  (ii) Wherever the feasible engineering
and work practice controls described in
this paragraph are not sufficient to
reduce employee exposure to or below
the limit prescribed in paragraph (c) of
this section, the employer shall use them
to reduce employee exposure to the
lowest levels attainable by these
controls and shall supplement them by
the use of respiratory protection that
complies with the requirements of
paragraph (h) of this section.
  (2) Prohibitions, (i) High-speed
abrasive disc saws that are not
equipped with appropriate engineering
controls shall not be used for work
related to asbestos.
  (ii) Compressed air shall not be used
to remove asbestos materials containing
asbestos unless the compressed air is
used in conjunction with an enclosed
ventilation system designed to capture
the dust cloud created by the
compressed air.
  (iii) Materials containing asbestos
shall not be applied by spray methods.
  (3) Employee rotation. The employer
shall not use employee rotation as a
means of compliance with the exposure
limit prescribed in paragraph (c) of this
section.
   (h) Respiratory protection—(1)
General. The employer shall provide
respirators, and ensure that they are
used, where required by this section.
Respirators shall be used in the
following circumstances:
   (i) During the interval necessary to
install or implement feasible engineering
and work practice controls.
   (ii) In work operations such as
maintenance and repair activities, or
other activities for which engineering
and work practice controls are not
feasible.
   (iii) In work situations where feasible
engineering and work practice controls
are not yet sufficient to reduce exposure
to or below the exposure limit.
   (iv) In emergencies.
   (2) Respirator selection, (i) Where
respirators are used, the employer shall
select and provide, at no cost to the
employee, the appropriate respirator as
specified in Table 1 in paragraph (iv),
and shall ensure that the employee uses
the respirator provided.
   (ii) The employer shall select
respirators from  among those jointly
approved as being acceptable for
protection by the Mine Safety and
Health Administration (MSHA) and the
National Institute for Occupational
Safety and Health (N1OSH) under the
provisions of 30 CFR Part 11.
   (iii) The employer shall provide a
powered, air-purifying respirator in lieu

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5626  Federal Register  /  Vol. 52. No. 36-37 / Wednesday. February 25. 1967 / Rules  and Regulations
of any negative-pressure respirator
specified in Table 1 whenever:
  (A) An employee chooses to use this
type of respirator and
  (B) This respirator will provide
adequate protection to the employee.
  (iv) Table 1—Respiratory Protection
for Asbestos Fibers.

  TABLE 1 .—RESPIRATORY PROTECTION FOR
            ASBESTOS FIBERS
    Artxyne
  ccnceotntiofl of
    msoeitos
Not m erc«s of 2
  l/cc(10xPEU.
Not n eicess ot 10
  fee (50 « PEL).

Not in eicett of 20
  t/cc(100>.PEL).
Not n (ions ot
  200t/oc
  (t.000 «: PEL).
Qrea:a> man 200 I/
  ec
  (> 1.000:-PEL) or
  unknown
      Requrad respraKx
1. HeM-meik  nr-purtfyiog  rotxitor
 equpped w*i fcgtvethoency Nlenj
1. Full tecepiece •rountymg re*o»»-
 lor equipped witn hign-efticiency II-
 tart
1. Any pow«r»d air-purilying fewwitor
 •quipped with hign-ethaency filtora.
2. Any tuppbed-ejr nnpiritor operated
 In continuous no* mode.
1. Fun f*c*p«ce euppue*e> rwpraux
 operated in preuure demand mode

1. Fun teepiec* tupolied lir respire-
 tor operated  In preisure demand
 mode equipped witn en eurtutry
 pontive  preuure   seNoontaned
 breething ippartun
  Note—a. Respirators assigned for higher
 environmental concentrations may be used at
 lower concentrations.
  b. A high-efficiency filter means a filter
 that is at least 99.97 percent efficient against
 mono-dispersed particles of 0.3 micrometers
 in diameter or larger.

  (3) Respirator program, (i) Where
 respiratory protection is used, the
 employee shall institute a respirator
 program. This should include all
 information and guidance necessary for
 their proper selection, use, and care.
 Possible emergency uses of respirators
 should be anticipated and planned for.
  (ii) The employer shall permit each
 employee who uses a filter respirator to
 change the filter elements whenever an
 increase in breathing resistance is
 detected and shall maintain an adequate
 supply of filter elements for this
 purpose.
  (iii) Employees who wear respirators
 shall be permitted to leave work areas
 to wash their faces and respirator
 facepieces whenever necessary to
 prevent skin irritation associated with
 respirator use.
   (iv) No employee shall be assigned to
 tasks requiring the use of respirators if.
 based on his or her most recent
 examination, an examining physician
 determines that the employee will be
 unable to function normally wearing a
 respirator, or that the safety or health of
 the employee or of other employees will
 be impaired by the use of a respirator.
 Such employee shall be assigned to
 another job or given the  opportunity to
 transfer to a different position, the
 duties of which he or she is able to
perform, with the same employer, in the
same geographical area, and with the
same seniority, status, and rate of pay
he or she bad jut prior to inch transfer,
if such a different position is available.
  (4) Respirator fit testing, (i) The
employer shall ensure that the respirator
issued to the employee exhibits the least
possible facepiece leakage and that the
respirator is fitted properly.
  (ii) Employers shall perform either
quantitative or qualitative face fit tests
at the time of initial fitting and at least
every 6 months thereafter for each
employee wearing a negative-pressure
respirator. The qualitative fit tests may
be used only for testing the fit of half-
mask respirators where they are
permitted to be worn, and shall be
conducted in accordance with Appendix
C of this section. The tests shall be used
to select facepieces that provide the
required protection as prescribed in
Table 1.
  (i) Protective clothing—(!) General.
The employer shall provide and require
the use of protective clothing, such as
coveralls or similar whole-body
clothing, head coverings, gloves, and
foot coverings for any employee
exposed to airborne concentrations of
asbestos that exceed the permissible
exposure limit prescribed in paragraph
(c) of this section.
   (2) Laundering, (i) The employer shall
ensure that laundering of contaminated
clothing is done so as to prevent the
release of airborne asbestos in excess of
the exposure limit prescribed in
paragraph (c)  of this section.
   (ii) Any employer who gives
contaminated clothing to another person
for laundering shall inform such person
of the requirement in paragraph (i)(2)(i)
of this section effectively to prevent the
release of airborne asbestos in excess of
the exposure limit prescribed in
paragraph (c)  of this section.
   (3) Contaminated clothing.
Contaminated clothing shall be
transported in sealed impermeable bags,
or other closed, impermeable containers,
and be labeled in accordance with
paragraph (k) of this section.
   (4) Protective clothing for removal
demolition, and renovation  operations.
 (i) The competent person shall
 periodically examine worksuits worn by
 employees for rips  or tears that may
 occur during performance of work.
   (ii) When rips or tears are detected
 while an employee is working within a
 negative-pressure enclosure, rips and
 tears shall be immediately mended, or
 the worksuit shall be immediately
 replaced.
   (j) Hygiene facilities and practices—
 (1) General. (i)(A) The employer shall
 provide clean change areas for
employees required to work in regulated
areas or required by paragraph (i)(l) of
this section to wear protective clothing.
  (B) In lieu of the change area
requirement specified in paragraph
(j)(l)(i), the employer may permit
employees engaged in small-scale, short-
duration operations, as described in
paragraph (e)(6) of this section, to clean
their protective clothing with a portable
HEPA-equipped vacuum before such
employees leave the area where
maintenance  was performed.
  (ii) The employer shall ensure that
change areas are equipped with
separate storage facilities for protective
clothing and street clothing.
  (iii) Whenever food or beverages are
consumed at  the worksite and
employees are exposed to airborne
concentrations of asbestos in excess of
the permissible exposure limit, the
employer shall provide lunch areas in
which the airborne concentrations of
asbestos are  below the action level.
  (2) Requirements for removal,
demolition, and renovation operations—
(i) Decontamination area. Except for
small-scale, short-duration operations,
as described  in paragraph (ej(6) of this
section, the employer shall establish a
decontamination area that is  adjacent
and connected to the regulated area for
the decontamination of employees
contaminated with asbestos. The
decontamination area shall consist of  an
equipment room, shower area, and clean
room in series. The employer shall
ensure that employees enter and exit the
regulated area through the
decontamination area.
   (ii) Clean room.  The clean room shall
be equipped  with a locker or
appropriate storage container for each
employee's use.
   (iii) Shower area. Where feasible.
shower facilities shall be provided. The
showers shall be contiguous both to the
equipment room and the clean change
room, unless the employer can
demonstrate that this location is not
feasible. Where the employer can
demonstrate that it is not feasible to
locate the shower  between the
equipment room and the clean change
room, the employer shall ensure that
employees:
   (A) Remove asbestos contamination
 from their worksuits using a HEP A
vacuum before proceeding to a shower
 that is not contiguous to the work area:
 or
   (B) Remove their contaminated
 worksuits. don clean worksuits,  and
 proceed to a shower that is not
 contiguous to the work area.
   (iv) Equipment room. The equipment
 room shall be supplied with

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       Federal Register / Vol  52. No. 3&-37 / Wednesday. February 25. 1987  /  Rules and Regulations   5627
impermeable, labeled bags and
containers for the containment and
disposal of contaminated protective
clothing and equipment.
  (v) Decontamination area entry
procedures. (A) the employer shall
ensure that employees:
  (1) Enter the decontamination area
through the clean room.
  (2) Remove and deposit street clothing
within a locker provided for their use.
  (3) Put on protective clothing and
respiratory protection before  leaving the
clean room.
  (B) The employer shall ensure that
employees pass through the equipment
room before entering the enclosure.
  (vi) Decontamination area exit
procedures. (A) The employer shall
ensure that employees remove all gross
contamination and debris from their
protective clothing before leaving the
regulated area.
  (B) The employer shall ensure that
employees remove  their protective
clothing in the equipment room and
deposit the clothing in labeled
impermeable bags or containers.
  (C) The employer shall ensure  that
employees do not remove their
respirators in the equipment room
  (D) The  employer shall ensure  that
employees shower  prior to entering  the
clean  room.
  (Ej The employer shell ensure that.
after showering,  employees enter the
clean  room before changing into  street
clothes.
  (k) Communication of hazards to
employees—{\) Signs, (i) Warning signs
that demarcate the regulated  area shall
be provided and displayed at each
location where airborne concentrations
of asbestos may  be in excess of the
exposure limit prescribed in paragraph
(c) of this section. Signs shall be  posted
at such a distance from such a location
that an employee may read the signs
and take necessary protective steps
before entering the area marked  by  the
signs.
  (ii) The warning  signs required by
paragraph (k)(l)(i)  of this section shall
bear the following  information:
DANCER
ASBESTOS
CANCER AND LUNG DISEASE HAZARD
AUTHORIZED PERSONNEL ONLY
RFSF1RATORS AND PROTECTIVE
  CLOTHING ARE REQUIRED IN THIS
  AREA

  C) Labels, (i) Labels shall be affixed
to all products containing asbestos and
to all containers containing such
products, including waste containers.
Where feasible, installed asbestos
products shall contain a visible label.
  (ii) Labels shall be printed in large.
bold letters on a contrasting
background.
  (iii) Labels shall be used and shall
contain the following information:
DANCER
CONTAINS ASBESTOS FIBERS
AVOID CREATING DUST
CANCER AND LUNG DISEASE HAZARD
  (iv) [Reserved]
  (v) Labels shall contain a warning
statement against breathing airborne
asbestos fibers.
  (vi) the provisions for labels required
by paragraph (kj(2)(i) of this section do
not apply where:
  (A) Asbestos fibers have been
modified by a bonding agent, coating.
binder, or other material, provided that
the manufacturer can demonstrate that.
during any reasonably foreseeable use,
handling, storage, disposal, processing.
or transportation, no airborne
concentrations of asbestos fibers in
excess of the  action level will be
released  or
  (B) Asbestos is present in a product in
concentrations less than q.l percent by
weight.
  (3) Employee information and
training,  (i) The employer shall institute
a training program for  all employees
exposed  to airborne concentrations  of
asbestos in excess of the action level
and shall ensure their participation in
the program.!
  (ii) training shall be provided prior to
or at the  time of initial assignment,
unless the employee has received
equivalent training within the previous
12 months, and at least annually
thereafter.
  (iii) The training program shall be
conducted in  a manner that the
employee is able to understand. The
employer shall ensure  that each
employee is informed of the following:
  (A) Methods of recognizing asbestos.
  (B) The health effects associated with
asbestos exposure.
  (C) The relationship between smoking
and asbestos in producing lung cancer.
  (D) The nature of operations that
could result in exposure to asbestos, the
importance of necessary protective
controls  to minimize exposure including.
as applicable, engineering controls.
work practices, respirators.
housekeeping procedures, hygiene
facilities, protective clothing.
decontamination procedures, emergency
procedures, and waste disposal
procedures, and any necessary
instruction in the use of these controls
and procedures.
  (E) The purpose, proper use, fitting
instructions, and limitations of
respirators.
  (F) The appropriate work practices for
performing the asbestos job: and
  (G) Medical surveillance program
requirements.
  (H) A review of this subpart. including
appendices.
  (4) Access to training materials, (i)
The employer shall make readily
available to all affected employees
without cost all written materials
relating to the employee training
program, including a copy of this
regulation.
  (ii) the employer shall provide to the
Administrator upon request, all
information and training materials
relating to the employee information and
training program.
  (i) Housekeeping—{1} Vacuuming.
Where vacuuming methods are selected.
HEPA filtered  vacuuming equipment
must be used. The equipment shall be
used and emptied in a manner that
minimizes the  reentry of asbestos into
the workplace.
  (2) Waste disposal. Asbestos waste.
scrap, debris, bags, containers,
equipment, and contaminated clothing
consigned for disposal shall be collected
and  disposed of in sealed, labeled.
impermeable bags or other closed,
labeled, impermeable containers.
  (hi) Medical Burveillance-r[\)
General-rji)—Employees covered. The
employer shall institute a medical
surveillance program for all employees
engaged  in work involving levels of
asbestos at or above the action level for
30 or more days per year, or who are
required by  this section to wear
negative-pressure respirators.
  (ii) Examination by a physician. (A)
The employer shall ensure that all
medical examinations and procedures
are performed by or under the
supervision of a licensed physician, and
are provided at no cost to the employee
and at a  reasonable time and place.
  (B) Persons  other than such licensed
physicians who administer the
pulmonary function testing required by
this section shall complete a training
course in spirometry sponsored by an
appropriate academic or professional
institution.
  (2) Medical examinations and
consultation—(i) Frequency. The
employer shall make available medics!
examinations and consultations to each
employee covered under paragraph
(m)(l)(i) of this section on the following
schedules:
  (A) Prior to assignment of the
 employee to an area where negative-
pressure respirators are worn. .
  (B)U) When the employee is assigned
 to an area where exposure to asbestos
 may be at or above the action level for

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5628  Federal  Register / Vol. 52.  No. 36-37  / Wednesday. February 25. 1987  /  Rules and Regulations
30 or more days per year, a medical
examination must be given within 10
working days following the thirtieth day
of exposure.
  (2) No medical  examination is
required of any employee if adequate
records show that the employee has
been examined in accordance with this
paragraph within the past 1-year period.
  (C) At least annually thereafter.
  (D) If the examining physician
determines that any of the examinations
should be provided more frequently than
specified, the employer shall provide
such examinations to affected
employees at the frequencies specified
by the physician.
  (ii) Content. Medical examinations
made available pursuant to paragraphs
(m)(2)(i) (A), (B),  and (C) of this section
shall include:
  (A) A medical and work history with
special emphasis directed to the
pulmonary, cardiovascular, and
gastrointestinal systems.
  (8) On initial examination, the
standardized questionnaire contained in
Appendix D, Part 1 of this section and,
on annual examination, the abbreviated
standardized questionnaire contained in
Appendix D, Part 2 of this section.
   (C) A physical examination directed
to the pulmonary and gastrointestinal
systems, including a chest
roentgenogram to be administered at the
discretion of the  physician, and
pulmonary function tests of forced vital
capacity (FVC) and forced expiratory
volume at one second (FEVi).
Interpretation and classification of chest
roentgenograms shall be conducted in
accordance with Appendix E of this
section.
   (D) Any other examinations or tests
deemed necessary by the examining
physician.
   (3) Information provided to the
physician. The employer shall provide
the following information to the
examining physician:
   (i) A copy of this rule and Appendices
D. E, and 1 of this section.
   (ii) A description of the affected
employee's duties as  they relate to the
employee's exposure.
   (iii) The employee's representative
exposure level or anticipated exposure
level.
   (iv) A description of any personal
protective and respiratory equipment
used or to be used.
   (v) Information from previous medical
examinations of the affected employee
that is not otherwise  available to the
examining physician.
   (4) Physician's written opinion, (i) The
employer shall obtain a written opinion
from the examining physician. This
written opinion shall contain the results
of the medical examination and shall
include:
  (A) The physician's opinion as to
whether the employee has any detected
medical conditions that would place the
employee at an increased risk of
material health impairment from
exposure to asbestos.
  (B) Any recommended limitations on
the employee or on the use of personal
protective equipment such as
respirators.
  (C) A statement that the employee has
been informed by the physician of the
results of the medical examinations and
of any medical conditions that may
result from asbestos exposure.
  (ii) The employer shall instruct the
physician not to reveal in the written
opinion given to the employer specific
findings or diagnoses unrelated to
occupational exposure to asbestos.
  (iii) The employer shall provide a
copy of the physician's written opinion
to the affected employee within 30 days
from its receipt.
  (n) Recordkeeping—(1) Objective data
for exempted operations, (i) Where the
employer has relied on objective data
that demonstrate that products made
from or containing asbestos are not
capable of releasing fibers of asbestos in
concentrations at or above the action
level under the expected conditions of
processing, use, or handling to exempt
such operations from the initial
monitoring requirements under
paragraph (f)(2) of this section, the
employer shall establish and maintain
an  accurate record of objective data
reasonably relied upon in support of the
exemption.
  (ii) The record shall include at least
the following information:
  (A) The product qualifying for
exemption.
  (B) The source of the objective data.
  (C) The testing protocol, results of
testing, and/or analysis of the material
for the release of asbestos.
  (D) A description of the operation
exempted and how the data support the
exemption.
  (E) Other data relevant to the
operations, materials, processing, or
employee exposures covered by the
exemption.
  (iii) The employer shall maintain this
record for the duration of the employer's
reliance upon such objective data.
   (2) Exposure measurements. (i)(A) The
employer shall keep an accurate record
of  all measurements taken to monitor
employee exposure to asbestos as
prescribed in paragraph (f) of this
section.
   (B) The employer may utilize the
services of competent organizations
such as employee associations to
maintain the records required by this
section.
  (ii) This, record shall include at least
the following information:
  (A) The date of measurement.
  (B) The operation involving exposure
to asbestos that is being monitored.
  (C) Sampling and analytical methods
used and evidence of their accuracy.
  (D) Number, duration, and results of
samples taken.
  (E) Type of protective devices worn, if
any.
  (F) Name, social security number, and
exposure of the employees whose
exposures are represented.
  (iii) The employer shall maintain this
record for at least 30 yean.
  (3) Medical surveillance, (i) The
employer shall establish and maintain
an accurate record for each employee
subject to medical surveillance by
paragraph (m) of this section.
  (ii) The record shall include at least
the following information:
  (A) The name and social security
number of the employee.
   (B) A copy of the employee's medical
examination results, including the
medical history, questionnaire
responses, results of any tests, and
physician's recommendations.
   (C) Physician's written opinions.
   (D) Any employee medical complaints
related to exposure to asbestos.
   (E) A copy of the information
provided to the physician as required by
paragraph (m) of this section.
   (iii) The employer shall ensure that
this record is maintained for the
duration of employment plus 30 years.
   (4) Training records. The employer
shall maintain all employee training
records for 1 year beyond the last date
of employment by that employer.
   (5) Availability, (i) The employer,
upon request shall make all records
required to be maintained by this
section available to the Administrator
for examination and copying.
   (ii) The employer, upon request, shall
make any exposure records required by
paragraphs (f) and (n) of this section
available for examination and copying
to affected employees, former
employees, designated representatives,
and the Administrator.
   (iii) The employer, upon request, shall
make employee medical records
required by paragraphs (m) and (n) of
this section available for examination
and copying to the subject employee,
anyone having the specific written
consent of the subject employee, and the
Administrator.
   (6) Transfer of records. Whenever the
 employer ceases to operate and there is
no successor employer to receive and

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        Federal  RegUter / Vol. 52. No. 38-37  /  Wednesday.  February 25. 1987 /  Rules and Regulations   5629
retain the records for the prescribed
period, the employer shall notify the
Administrator at least 90 days prior to
disposal and, upon request, transmit
them to the Administrator.
  (o) Effective date. This section shall
become effective March 27.1987.
  (p) Appendices.  (1) Appendices A. C
D, and  E to this section are incorporated
as part of this section and the contents
of these appendices are mandatory.
  (2) Appendix B to this section is
informational and is not intended to
create any additional obligations not
otherwise imposed or to detract from
any existing obligations.

Appendix A To • 783.121—EPA/OSHA
Reference Method—Mandatory
  This mandatory appendix specifies the
procedure for analyzing air samples for
asbestos and specifies quality control
procedures that must be implemented by
laboratories performing the analysis. The
sampling and analytical methods described
below represent the elements of the available
monitoring methods essential to achieve
adequate employee exposure monitoring
while allowing employers to use methods that
are already established within their
organizations. All employers  who are
required to conduct air monitoring under
{ 763.121(0 are required to utilize analytical
laboratories that use this procedure, or an
equivalent method for collecting and
analyzing samples.

Sampling and Analytical Pivcedure
  1. The sampling medium for air samples
shall be mixed cellulose ester filter
membranes. These shall be designated by the
manufacturer as suitable for arbestos
counting. See below for rejection of blanks.
  2. The preferred collection device shall be
the 25-mm diameter cassette  with an open-
faced SO-mm extension cowl The 37-mm
cassette may be used if necessary, but only if
written  justification for the need to use the
37-mm filter cassette accompanies the sample
results in the employee's exposure monitoring
record.
  3. An air flow rate between 0.5 liter/min
and 2.5  liten/mtn shall be selected for the 25-
mm cassette. If the 37-mm cassette is used, an
air flow rate between 1 liter/min and 2.5
liters/min shall be selected.
  4. Where possible. • sufficient air volume
for each air sample shall be collected to yield
between 100 and 1.300 fibers per square
millimeter on the membrane filter. If a filter
darkens in appearance or if loose dust is seen
on the filter, a second sample shall be
started.
   5. Ship the samples in a rigid container
with sufficient packing material to prevent
dislodging the collected fibers. Packing
material that has a high electrostatic charge
on its surface (e.g.. expanded polystyrene)
cannot  be used because such material can
cause loss of fibers to the sides of the
cassette.
   0. Calibrate each personal  sampling pump
before and after use with a representative
filter cassette installed between the pump
and the calibration devices.
  7. Personal samples shall be taken la the
"breathing xone" of the employee (it..
attached to or near the collar or lapel near
the worker's face).
  & Fiber countn shall be made by positive
phase contrast using a microscope with an 8
to 10 X eyepiece and a 40 to 45 X objective
for a total magnification of approximately 400
X and a numerical aperture of 0.65 to 0.75.
The microscope shall also be fitted with a
green or blue filter.
  9. The microscope shaU be fitted with a
Walton-Beckett eyepiece graticule calibrated
for a field diameter of 100 micrometers (± 2
micrometers).
  10. The phase-shift detection limit of the
microscope shall be about 3 degrees
measured using the HSE phase shift test slide
as outlined below.
  a. Place the Uist slide on the microscope
stage and center it under the phase objective.
  b. Bring the blocks of grooved line* Into
focus.
  Note.—The slide consist* of seven sets of
grooved lines (ca. 20 grooves to each block)
in descending order of visibility from sets 1 to
7. seven being the least visible. The
requirements for asbestos counting are that
the microscope optics must resolve the
grooved lines in set 3 completely, although
they may appear somewhat faint, and that
the grooved lines in sets B and 7 must be
invisible. Sets 4 and 5 must be at least
partially visible but may vary slightly in
visibility between microscopes. A microscope
that fails to meet these requirements has
either too low or too high a resolution to be
used for asbestos counting.
  c. If the image deteriorates, dean and
adjust the microscope optics. If the problem
persists, consult the microscope
manufacturer.
  11. Each set of samples taken will include
10 percent blanks or a minimum of 2 blanks.
The blank results shall be averaged and
subtracted from the analytical results before
reporting. Any samples represented by a
blank having a fiber count in excess of 7
fibers/100 fields shall be rejected.
   12. The samples shall be mounted by the
acetone/triacetin method or a method with
an equivalent index of refraction and similar
clarity.
   13. Observe the following counting rules.
   a. Count only fiber equal to or longer than 5
micrometers. Measure the length of curved
fibers along the curve.
   b. Count all particles  as asbestos that have
a length-tc-widlh ratio (aspect ratio) of 3:1 or
greater.
   c. Fibers lying entirely within the boundary
of the Walton-Beckett graticule field shall
receive a count of 1. Fiber* crossing the
boundary once, having one end within the
circle, shall receive the count of one-half (H).
Do not count any fiber that crosses the
graticule boundary more than once. Reject
and do not count any other fibers even
though they may be visible outside the
graticule area.
   d. Count bundles of fibers as one fiber
unless individual  fibers can be  identified by
observing both ends of an individual fiber.
   e. Count enough graticule field* to yield 100
fibers. Count a minimum of 20 fields: stop
counting at 100 fields regardless of fiber
count.
  14. Blind recounts shall be conducted at the
rate of 10 percent

Quality Control Procedures
  1. Intralaboratory program. Each
laboratory and/or each company with more
than one microscoplst counting slides shall
establish a statistically designed quality
assurance program involving blind recounts
and comparisons between microscopists to
monitor the variability of counting by each
microscopist and between micmcopists. In a
company with more than one laboratory, the
program shall include all laboratories and
shall also evaluate the laboratory-to-
laboratory variability.
  2. Interlaboratory program. Each
laboratory analyzing asbestos samples for
compliance determination shall implement an
interlaboratory quality assurance  program
that a* a minimum includes participation of
at least two other independent laboratories.
Each laboratory shall participate in round
robin testing at least once every 6 months
with at least all the other laboratories in its
interlaboratory quality assurance group. Each
laboratory shall submit slides  typical of its
own work load for UM in this program. The
round robin shall be designed  and results
analyzed using appropriate statistical
methodology.
   3. All individuals performing asbestos
analysis must have taken the NIOSH course
for sampling and evaluating airborne
asbestos dust or an equivalent course.
   4. When the use of different microscopes
contributes to differences between counters
and laboratories, the effect of  the  different
microscope shall be evaluated and the
microscope shall be replaced,  as necessary.
   5. Current results of these quality
assurance programs shall be posted in each
laboratory to keep the microscopists
informed

Appendix B to 8 763.121—Detailed Procedure
for Asbestos Sampling and Analysis—Non-
Mandatory
   This appendix contains a detailed
procedure for sampling and analysis and
includes those critical element* specified in
Appendix A of this section. Employers are
not required to use this procedure, but they
are required to use Appendix  A of this
section. The purpose of Appendix B of this
section Is to provide a detailed step-by-step
sampling and analysis procedure  that
conforms to the elements specified in
Appendix A of this section. Since this
procedure may also standardize the analysis
and reduce variability. EPA encourages
employers to use this appendix.
   Technique: Microscopy. Phase  Contrast
   Analyty Fiber* (manual count).
   Sample Preparation: Acetone/triacetin
method.
   Calibration: Phase-shift detection limit
about 3 degrees.
   Range: 100 to 1.300 fibers/mm • filter area.
   Estimated Limit of Detection: 7 fiber*/
mm * filter area.
   Sampler Filter (OJ-1.2 pm  mixed cellulose
 etter membrane. 25-mm diameter).

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5630
Federal Register  / Vol.  52. No. 36-37 /  Wednesday.  February 25. 1987  /  Rules and  Regulations
  Flow Rate: 0.5 l/min to 2.5 l/min (25-mm
cassette): 1.0 l/min to 2.5 l/min (37-mm
cassette).
  Sample  Volume: Adjust to obtain 100 to
1.300 fibers/mm 2.
  Shipment: Routine.
  Sample Stability: Indefinite.
  Blanks: 10% of samples (minimum 2).
  Standard Analytical Error 0.25.
  Applicability: The working range is 0.02 f/
cc (192O-L air sample) to 1.25 f/cc (400-L
sample). The method gives an index of
airborne asbestos fibers but may be used for
other materials such as fibrous glass by
inserting suitable parameters into the
counting rules. The method doei not
differentiate between asbestos and other
fibers. Asbestos fibers let* than ca. 0.25 pm
diameter will not be detected by this method.
  Interferences: Any other airborne fiber
may interfere since all particles meeting the
counting criteria are counted. Chain-like
particles may appear fibrous. High levels of
nonfibrous dust particles may obscure fibers
in the field of view and raise the detection
limit.
  Reagents:
  1. Acetone.
  2. Triacetin (glycerol triacetate), reagent
grade.
  Special Precautions: Acetone is an
extremely flammable liquid and precautions
must be taken not to ignite it. Heating of
acetone must be done in a ventilated
laboratory fume hood using a flameless.
spark-free heat source.
  Equipment:
  1. Collection device: 25-mm cassette with
50-mm extension cowl with cellulose ester
filter, 0.8 to 1.2 mm pore size and backup pad.
  Note.—Analyze representative filters for
fiber background before use and discard the
filter lot if more than S fibers/100 fields are
found.
   2. Personal sampling pump, greater than or
equal to 0.5 l/min, with flexible connecting
tubing.
  3. Microscope, phase contrast, with green
or blue filter. 8 to  10X eyepiece, and 40 to45X
phase objective (total magnification ca.
400X); numerical aperture=0.65 to 0.75.
  4. Slides, glass,  single-frosted, pre-cleaned.
25 x 75 mm.
  5. Cover slips, 25 x 25 mm. No. 1% unless
otherwise specified by microscope
manufacturer.
  8. Knife. *l surgical steel, curved blade.
  7. Tweezers.
  8. Flask. Cuth-type. insulated neck, 250 to
500 mL (with single-holed rubber stopper and
elbow-jointed glass tubing. 18 to 22 cm long).
   8. Hotplate, spark-free, stirring type;
heating mantle; or infrared lamp and
magnetic stirrer.
   10. Syringe, hypodermic, with 22-gauge
needle.
   11. Graticule. Walton-Beckett type with 100
pm diameter circular field at  the specimen
plane (area=0.00785 mm '). (Type G-22).
   Note.—The graticule is custom-made for
each microscope.
   12. HSE/NPL phase contrast test slide.
Mark II.
   13. Telescope, ocular phase-ring centering.
   14. Stage micrometer (0.01 mm divisions).
                                   Sampling
                                     1. Calibrate each personal sampling pump
                                   with a representative sampler in line.
                                     2. Fasten the sampler to the worker's lapel
                                   as close as possible to the worker's mouth.
                                   Remove the top cover from the end of the
                                   cowl extension (open face) and orient face
                                   down. Wrap the joint between the extender
                                   and the monitor's body with shrink tape to
                                   prevent air leaks.
                                     3. Submit at least two blanks (or 10 percent
                                   of the total samples, whichever is greater) for
                                   each set of samples. Remove the caps from
                                   the field blank cassettes and store the caps
                                   and cassettes in a clean area (bag or box)
                                   during the sampling period. Replace the caps
                                   in the cassettes when sampling is completed.
                                     4. Sample at 0.5 L/min or greater. Do not
                                   exceed 1 mg total duit loading on the filter.
                                   Adjust sampling flow rate. Q (L/min), and
                                   time to produce a fiber density, E (fibers/
                                   mm*), of 100 to 1,300 fibers/m* (3.85 x 104 to
                                   5 x 10* fibers per  25-mm filter with effective
                                   collection area (A,=385 nun*)] for optimum
                                   counting precision (see step 21 below).
                                   Calculate the minimum sampling time.
                                   •minimum (min) at the action level (one-half
                                   of the current standard), L (f/cc) of the
                                   fibrous aerosol being sampled:
                                               "rain--
 (AJfE)

(QWJlO*
                                      5. Remove the field monitor at the end of
                                    sampling, replace the plastic top cover and
                                    small end caps, and store the monitor.
                                      6. Snip the samples in a rigid container
                                    with sufficient packing material to prevent
                                    jostling or damage.
                                      Note.—Do not use polystyrene foam in the
                                    shipping container because of electrostatic
                                    forces which may cause fiber loss from the
                                    sampler filter.

                                    Sample Preparation
                                      Note.—The object is to produce samples
                                    with a smooth (nongrainy) background in a
                                    medium with a refractive index equal to or
                                    less than 1.48. The method below collapses
                                    the filter for easier focusing and produces
                                    permanent mounts which are useful for
                                    quality control and Intel-laboratory
                                    comparison. Other mounting techniques
                                    meeting the above criteria may also be used,
                                    e.g.. the nonpermanent field mounting-
                                    technique used In P ft CAM 239.
                                      7. Ensure that the glass slides and cover
                                    slips are free of dust and fibers.
                                      8. Place 40 to 80 ml of acetone into a Cuth-
                                    type flask. Stopper the flask with a single-
                                    hole rubber stopper through which a glass
                                    tube extends 5 to 8 cm into the flask. The
                                    portion of the glass tube that exits the top of
                                    the stopper (8 to 10 cm) is bent downward in
                                    an elbow that makes an angle of 20 to 30
                                    degrees with the horizontal.
                                      9. Place the flask in a stirring hotplate or
                                    wrap in a heating mantle. Heat the acetone
                                    gradually to its boiling temperature (ca.
                                    58 'Q.
                                      Caution. The acetone vapor must be
                                    generated in a ventilated fume hood away
                                    from all open flames and spark sources.
Alternate heating methods can be used.
providing no open flame or sparks are
present
  10. Mount either the whole sample filter or
a wedge cut from the sample filter on a clean
glass slide.
  a. Cut wedges of ca. 25 percent of the filter
area with a curved-blade steel surgical knife
using a rocking motion to prevent tearing.
  b. Place the filter or wedge, dust side up. on
the slide. Static electricity will usually keep
the filter on the slide until'it is cleared.
  c. Hold the glass slide supporting the filter
approximately 1 to 2 cm from the glass tube
port where the acetone vapor is escaping
from the heated flask. The acetone vapor
stream should cause a condensation spot on
the glass slide ca. 2 to 3 cm in diameter. Move
the glass slide gently in the vapor stream. The
filter should clear in 2 to 6 sec. If the filter
curls, distorts, or is otherwise rendered
unusable, the vapor  stream is probably not
strong enough. Periodically wipe the outlet
port with tissue to prevent liquid acetone
dripping onto the filter.
  d. Using the hypodermic syringe with a 22-
gauge needle, place 1 to 2 drops of triacetin
on the filter. Gently lower a clean 25-mm
square cover slip down onto the filter at a
slight angle to reduce the possibility of
forming bubbles. If too many bubbles form or
the amount of triacetin is insufficient the
cover slip may become detached within a few
hours.
  e. Glue the edges of the cover slip to the
glass slide using  a lacquer or nail polish.
  Note.—If clearing is slow, the slide
preparation may be  heated on a hotplate
(surface temperature SOT) for 15 min. to
hasten clearing. Counting may proceed
immediately after clearing and mounting are
completed.                          '  .
Calibration and Quality Control
   11. Calibration of the Walton-Beckett
graticule. The diameter, d, (mm), of the
circular counting area and the disc diameter
must be specified when ordering the
graticule.
   a. Insert any available graticule into the
eyepiece and focus so that the graticule lines
are sharp and clear.
   b. Set the appropriate interpupillary
distance and. if applicable, reset the
binocular head adjustment to that the
magnification remains constant
   c. Install the 40 to 45 X phase objective.
   d. Place a stage micrometer on the
microscope object stage and focus the
microscope on the graduated lines.
   e. Measure the magnified grid length, L.
(urn), using the stage micrometer.
   f. Remove the  graticule from the
microscope and  measure its actual grid
length. L, (mm). This can best be
accomplished by using a stage fitted with
verniers.
   g. Calculate the circle diameter, d, (mm),
for the Walton-Beckett graticule:

                      L.XD

                    "  U

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        Federal Register  /  Vol.  52, No. 36-37  / Wednesday. February 25. 1987  / Rules  and Regulations   5631
  Example: If L, = 10B urn. U = 2.93 mm and
D= 100 urn. then d, = 2.71 mm.
  h. Check (he field  diameter. Dlacceptable
range 100 mm ±2 mm) with a stage
micrometer upon receipt of the graticule from
the manufacturer. Determine field area
(mm2).
  12. Microscope adjustments. Follow the
manufacturer's instructions and also the
following:
  a. Adjust the light source  for even
illumination across the field of view at the
condenser iris.
  Note.—Kohler illumination is preferred.
where available.
  b. Focus on the paniculate material to be
examined.
  c. Make sure that  the Held iris is in focus.
centered on the sample, and open only
enough to fully illuminate the field of view.
  d. Use the telescope ocular supplied by the
manufacturer to ensure that the phase rings
(annular diaphragm and phase-shifting
elements) are concentric.
  13. Check the phase-shift  detection limit of
the microscope periodically.
  a. Remove the HSE/NPL phase-contrast
test slide from its shipping container and
center it under the phase objective.
  b. Bring the blocks of grooved lines into
focus.
  Note.—The slide consists of seven sets of
grooves (ca. 20 grooves to each block) in
descending order of visibility from sets 1 to 7.
The requirements for counting are that the
microscope optics must resolve the grooved
lines in set 3 completely, although they may
appear somewhat faint, and that the grooved
lines in sets 6 to 7 must be invisible. Sets 4
and 5 must be at least partially visible but
may vary slightly in visibility between
microscopes. A microscope which fails to
meet these requirements has either too low or
too high a resolution to be used for asbestos
counting.
  c. If the image quality deteriorates, clean
the microscope optics and. if the problem
persists, consult the microscope
manufacturer.
  14. Quality control of fiber counts.
  a.  Prepare and count field blanks along
with the field samples. Report the counts on
each blank. Calculate the mean of the field
blank counts and subtract this value from
each sample count before reporting the
results.
  Note.—The identity of the blank Tillers
should be unknown to the counter until all
counts have been completed.
  Note.—If a field blank yields fiber counts
greater than 7 fibers/100 fields, report
possible contamination of the samples.
   b. Perform blind recounts by the same
counter on 10 percent of filters counted
(slides relabeled by a person other than the
counter).
   15. Use the following test to determine
whether a pair of counts on the same filter
should be rejected because of possible bias.
This statistic estimates the counting
repeatability at the  95 percent confidence
level. Discard the sample if the difference
between the two counts exceeds 2.77 (F)s,
where F = average of the two fiber counts and
s, = relative standard deviation, which should
be derived by each laboratory based on
historical in-house data.
  Note.—If a pair of counts is rejected as a
result of this test, recount the remaining
samples in the set and test the new counts
against the first counts. Discard all rejected
paired counts.
  16. Enroll each new counter in a training
course that compares performance of
counters on a variety of samples using this
procedure.
  Note.—To ensure good reproducibility. all
laboratories engaged in asbestos counting are
required to participate in the Proficiency
Analytical Testing (PAT) Program and should
routinely participate  with other asbestos fiber
counting laboratories in the exchange of field
samples to compare performance of counters.

Measurement
  17. Place the elide on the mechanical stage
of the calibrated microscope with  the center
of the filter under the objective lens. Focus
the microscope on the plane of the filter.
  IB. Regularly check phase-ring alignment
and Kohler illumination.
  19. The following are the counting rules:
  a. Count only fibers longer than 5 um.
Measure the length of curved fibers along the
curve.
  b. Count only fibers with a length-to-width
ratio equal to or greater than 3:1.
  c. For fibers that cross  the boundary of the
graticule field, do the following:
  (1) Count any fiber longer than S um that
lies entirely within the  graticule area.
  (2) Count as % fiber any fiber with only
one end lying within the graticule  area.
  (3) Do not count any fiber that crosses the
graticule boundary more  than once.
  (4) Reject and do not count all other fibers.
  d. Count bundles of fibers as one fiber
unless individual fibers can be identified by
observing both ends  of a fiber.
  e. Count enough graticule fields to yield 100
fibers. Count a minimum of 20 fields. Stop at
100 fields regardless of fiber count.
  20. Start counting from one end  of the filter
and progress along a radial line to the other
end. shift either up or down on the filter, and
continue in the reverse direction. Select fields
randomly by looking away from the eyepiece
briefly while advancing the mechanical stage.
When an agglomerate covers ca. % or more
of the field of view, reject the field and select
another. Do not report  rejected fields in the
number of total fields counted.
   Note.—When counting a field, continuously
scan a range of focal planes by moving the
fine focus knob to detect very fine fibers
which have become  embedded in the filter.
The small-diameter fibers will be  very faint
but are an important contribution to the total
count.

Calculations
   21. Calculate and report fiber density on
the filter. E (fibers/mm1): by dividing the total
fiber count, F: minus the mean field blank
count. B. by the number of fields,  n: and the
field area. A, (0.00785 mm' for a properly
calibrated Walton-Beckett graticule):
                F-B.
                       fibers/mm*
  22. Calculate the concentration. C (f/cc). of
fibers in the air volume sampled. V (L). using
the effective collection area of the filter. A,
(385 mm: for a 25-mm filter):
                    V(101


  Note.—Periodically check and adjust the
value of A., if necessary.
Appendix C to B 763.121—Qualitative and
Quantitative Fit Testing Procedures—
Mandatory

Qualitative Fit Test Protocols
I. Isoamyl Acetate Protocol
  A. Odor Threshold Screening. 1. Three 1-
liter glass jars with metal lids (e.g. Mason or
Bell jars) are required.
  2. Odor-free water (e.g. distilled or spring
water) at approximately 25 *C shall be used
for the solutions.
  3. The isoamyl acetate (IAA) (also known
as isopentyl acetate) stock solution is
prepared by adding 1 cc of pure IAA to 800 cc
of odor-free water in a 1-liter jar and shaking
for 30 seconds. This solution shall be
prepared new at least weekly.
  4. The screening test  shall be conducted in
a room separate from the room used for
actual fit testing. The two rooms shall be well
ventilated but shall  not be connected to the
same recirculating ventilation system.
  5. The odor test solution is prepared in a
second jar by placing 0.4 cc of the stock
solution into 500 cc of odor-free water using a
clean dropper or pipette. Shake for 30
seconds and allow to stand for two to three
minutes so that the IAA concentration above
the liquid may reach equilibrium. This
solution may be used for only one day.
  6. A test blank is prepared in a third jar by
adding 500 cc of odor-free water.
  7. The odor test and test blank jars shall be
labeled 1 and 2 for jar identification. If the
labels are put on the lids they can be
periodically peeled, dried off and switched to
maintain the integrity of the test.
  8. The following instructions shall be typed
on a card and placed on the table in front of
the two test jars (i.e. and 2): 'The purpose of
this test is to determine if you can smell
banana oil at a low concentration. The two
bottles in front of you contain water. One of
these bottles also contains a small amount of
banana oil. Be sure the covers  are on tight.
then shake each bottle for two seconds.
Unscrew the lid of each bottle, one at a time,
and sniff at the mouth of the bottle. Indicate
to the test conductor which bottle contains
banana oil."
   9. The mixtures used in the IAA odor
detection test shall  be prepared in an area
separate from where the test is performed, in
order to prevent olfactory fatigue in the
subject.
   10. If the test subject is unable to identify
correctly the jar containing the odor test

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5632   Federal Register /  Vol. 52.  No.  36-37 /  Wednesday, -February 25,  1967  / Rules  and Regulations
solution, the 1AA qualitative fit test may not
be used.
  11. If the test subject correctly identifies the
jar containing the odor test solution, the test
subject may proceed to respirator selection
and fit testing.
  B. Respirator selection. l.The test subject
shall be allowed to pick the most comfortable
respirator from a selection including
respirators of various sizes from different
manufacturers. The selection shall include at
least five sizes of elastomeric half facepieces.
from at least two manufacturers.
  2. The selection process shall be conducted
in a room separate from the fit-test chamber
to prevent odor fatigue. Prior to the selection
process, the test subject shall be shown how
to put on a respirator, how it  should be
positioned on the face, how to set strap
tension  and how to determine a
"comfortable" respirator. A mirror shall be
available to assist the subject in evaluating
the fit and positioning of the respirator. This
instruction may not constitute the subject's
formal training on respirator  use. as it is only
a review.
  3. The test subject should understand that
the employee is being asked to select the
respirator which provides the most
comfortable fit. Each respirator represents a
different size and shape and. if fitted properly
and used  properly, will provide adequate
protection.
  4. The test subject holds each facepiece up
to the face and eliminates those which
obviously do not give a comfortable fit.
Normally, selection will begin with a half-
mask and if a good fit cannot be found, the
subject  will be asked to test the full facepiece
respirators. (A small percentage of users will
not be able  to wear any half-mack.)
  S. The more comfortable facepieces are
noted: the most comfortable mask is donned
and worn at least five minutes to assess
comfort All donning and adjustments of the
facepieces shall be performed by the test
subject  without assistance from the test
conductor or other person. Assistance, in
assessing comfort can be given by discussing
the points of *6 below. It the test subject is
not familiar with using a particular respirator.
the test subject shall be directed to don the
mask several times and to adjust the straps
each time to become adept at setting proper
tension on the straps.
  6. Assessment of comfort shall include
reviewing the following points with the test
subject and allowing the test subject
adequate time to determine the comfort of the
respirator.
   • Positioning of mask on nose.
   • Room for eye protection.
   • Room to talk
   • Positioning mask on face and cheeks.
   7. The following criteria shall be used to
help determine the adequacy of the respirator
fit:
   • Chin properly placed.
   • Strap tension.
   • Fit across nose bridge.
   • Distance from nose, to chin.
   • Tendency to slip.
   • Self-observation in mirror.
   8. The test subject shall conduct the
conventional negative and positive-pressure
fit checks (e.g see ANSI Z88.2-1B80). Before
conducting the negative- or positive-pressure
test, the subject shall be told to "seat" the
mask by rapidly moving the head from side-
to-side and up and down, while taking a few
deep breaths.
  9. The test subject is now ready for fit
testing.
  10. After passing the fit test the test subject
shall be questioned again regarding the
comfort of the respirator. If it has become
uncomfortable, another model of respirator
shall be tried.   ~
  11. The employee shall be given the
opportunity to select • different facepiece
and be retested if the choaen facepiece
becomes increasingly uncomfortable at any
time.
  C. Fit test. 1. The fit test chamber shall be
similar to a dear 55 gallon drum liner
suspended inverted over a 2 foot diameter
frame, so that the top of the chamber is about
0 inches above the test subject's head. The
inside  top center of the chamber shall have a
small hook attached.
  2. Each respirator used for the fitting and fit
testing shall be equipped with organic vapor
cartridges or offer protection against organic
vapors..The cartridges or masks shall be
changed at least weekly.
  3. After selection,  donning, and properly
adjusting a respirator,  the test subject shall
wear it to  the fit testing room. This room shall
be separate from the room used for odor
threshold screening  and respirator selection.
and shall be well ventilated, as by an exhaust
fan or  lab  hood, to prevent general room
contamination.
  4. A copy of the following test exercises
and rainbow passage shall be taped to the
inside of the test chamber

Test Exercises
  i. Breathe normally.
  ii. Breathe deeply. Be certain breaths are
deep and regular.
  iii. Turn head all the way from one side to
the other. Inhale on  each side. Be certain
movement is complete. Do not bump the
respirator against the shoulders.
  iv. Nod  head up-and-down. Inhale when
head is in the full up position (looking toward
ceiling). Be certain motions are complete end
made  about every second. Do not bump the
respirator on the chest.
  v. Talking. Talk aloud and slowly for
several minutes. The following paragraph is
called the Rainbow Passage. Reading it will
result  in a wide range of facial movements.
and thus be useful to satisfy this requirement.
Alternative  passages which serve  the same
purpose may also be used.
  vi. Jogging in place.
  vii. Breathe normally.
  Rainbow Passage. When the sunlight
strikes raindrops in the air, they act like a
prism and form a rainbow. The rainbow is a
division of white light into many beautiful
colors. These take the shape of a long round
arch, with its path high above, and its two
ends apparently beyond the horizon. There is.
according to legend, a boiling pot of gold at
one end. People look,  but no one ever finds it.
When a man looks for something beyond
reach, his friends say  he is looking for the pot
of gold at the end of the rainbow.
•  5. Each test subject shall wear the
respirator for at least 10 minutes before
starting the fit test.
  6. Upon entering the test chamber, the test
subject shall be given a 6 inch by 5 inch piece
of paper towel or other porous absorbent
single ply material, folded in half and wetted
with three-quarters of one cc of pure 1AA.
The test subject shall hang the wet towel on
the hook at the top of the chamber.
  7. Allow two minutes for the IAA test
concentration to be reached before starting
the fit-test exercises. This would be an
appropriate time to talk with the test subject,
to explain the fit test, the importance of
cooperation, the purpose for the head
exercises, or to demonstrate some of the
exercises.
  a Each exercise described in #4 above
shall be performed for at least one minute.
  9. If at any time during the test, the subject
detects the banana-like odor of IAA. the test
has failed. The subject shall quickly exit from
the test chamber and leave the test area to
avoid olfactory  fatigue.
  10. If the test is  failed,  the subject shall
return to the selection room and remove the
respirator, repeat  the odor sensitivity test,
•elect and put on  another respirator, return to
the test chamber,  and again begin the
procedure described in the c(4) through c(8)
above. The process continues until a
respirator that fits well has been found.
Should the odor sensitivity test be failed, the
subject shall wait about  5 minutes before
retelling. Odor  sensitivity will usually have
returned by this time.
  11. If a person cannot pass the fit test
described above wearing a half-mask
respirator from  the available selection, full
facepiece models  must be used.
  12. When a respirator  is found that passes
the test the subject breaks the faceseal and
takes a breath before exiting the chamber.
This is to assure that the reason the test
subject is not smelling the IAA is the good fit
of the respirator facepiece seal and not
olfactory fatigue.
  13. When the test subject leaves the
chamber, the subject shall remove the
saturated towel and return it to the person
conducting the  test. To keep the area from
becoming contaminated, the used towels
shall be kept in a self-sealing bag so there is
no significant IAA concentration buildup in
the test chamber  during  subsequent tests.
   14. At least two facepieces snail be
selected for the IAA test protocol The test
subject shall be given the opportunity to wear
them for one week to choose the one which is
more comfortable to wear.
   15. Persons who have successfully passed
this fit test with a half-mask respirator may
be assigned the use of the test respirator in
atmospheres with up to  10 times the PEL of
airborne asbestos. In atmospheres greater
than 10 times, and less than 100 times the PEL
(up to 100 ppm), the subject must pass the
IAA test using  a full face negative pressure
respirator. (The concentration of the IAA
inside the test chamber must be Increased by
 ten times for QLFT of the full facepiece.)
   16. The test shall not be conducted if there
 is any hair growth between the skin and the
 facepiece sealing surface.

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        Federal Register  / Vol.  52. No. 36-37  / Wednesday,  February 25.  1987  / Rules  and Regulations   5633
  17. If hair growth or apparel interfere with
a satisfactory fit. then they shall be altered or
removed go as to eliminate interference and
allow a satisfactory Tit. If a satisfactory fit is
still not attained, the test subject must use a
positive-pressure respirator such as powered
air-purifying respirators, supplied air
respirator, or self-contained breathing
apparatus.
  16. If a test subject exhibits difficulty in
breathing during the tests, she or he shall be
referred to a physician  trained in respirator
diseases or pulmonary  medicine to determine
whether the test subject can wear a
respirator while performing her or his duties.
  19. Qualitative fit testing shall be repeated
at least every six months.
  20. In addition, because the sealing of the
respirator may be affected, qualitative fit
testing shall be repeated immediately when
the test subject has a:
  (1) Weight change of 20 pounds or more.
  (2) Significant facial scarring in the area of
the facepiece seal.
  (3) Significant dental changes: i.e.. multiple
extractions without prothesis, or acquiring
dentures.
  (4) Reconstructive or cosmetic surgery, or
  (5) Any other condition that may interfere
with facepiece sealing.
  D. Recordkeeping. A summary of all test
results shall be maintained in each office for
3 years. The summary shall include:
  (1) Name of  test subject.
  (2) Date of testing.
  (3) Name of the test conductor.
  (4) Respirators selected (indicate
manufacturer, model, size and approval
number).
  (5) Testing agent.
II. Saccharin Solution Aerosol Protocol
  A. Respirator selection. Respirators shall
be selected as described in section IB
(respirator selection) above, except that each
respirator shall be equipped with a
paniculate filter.
  B. Taste threshold screening.  1. An
enclosure about head and shoulders shall be
used for threshold screening (to determine if
the individual can taste saccharin) and for fit
testing. The enclosure shall be approximately
12 inches in diameter by 14 inches tall with at
least the front clear to allow free movement
of the head when a respirator is worn.
  2. The test enclosure shall have a three-
quarter inch hole in front of the test subject's
nose and mouth area to accommodate the
nebulizer nozzle.
  3. The entire screening and testing
procedure shall be explained to the test
subject prior to conducting the screening test.
  4. During the threshold screening test, the
test subject shall don the test enclosure and
breathe with mouth open with tongue
extended.
  S. Using a DeVilbiss Model 40 Inhalation
Medication Nebulizer or equivalent, the test
conductor shall spray the threshold check
solution into the enclosure. This nebulizer
shall be clearly marked to distinguish it from
the fit test solution nebulizer.
   B. The threshold check solution consists of
0 83 gram of sodium saccharin.  USP in water.
 It can be prepared by putting 1  cc of the test
 solution (see C.7.below) in 100 cc of water.
  7. To produce the aerosol, the nebulizer
bulb is firmly squeezed 10 that it collapses
completely, then is released and allowed to
expand fully.
  8. Ten squeezes of the nebulizer bulb are
repeated rapidly and then the test subject is
asked whether the saccharin can be tasted.
  9. If the first response is negative, ten more
squeezes of the nebulizer bulb are repeated
rapidly and the test subject is again asked
whether the saccharin can be tasted.
  10. If the second response is negative, ten
more squeezes are repeated rapidly and the
test subject is again asked whether the
saccharin can be tasted.
  11. The test conductor will take note of the
number of squeezes required to elicit a taste
response.
  12. If the saccharin is not tasted after 30
squeezes (Step 10), the saccharin fit test
cannot be performed on the test subject.
  13. If a taste response is elicited, the test
subject shall be asked to take note of the
taste for reference in the fit test.
  14. Correct une of the nebulizer means that
approximately 1 cc of liquid is used at a time
in the nebulizer body.
  IS. The nebulizer shall be thoroughly rinsed
in water, shaken dry, and refilled at least
every four hours.
  C. Fit Test. 1. The test subject shall don
and adjust the respirator without assistance
from any person.
  2. The fit test uses the same enclosure
described in 1IB above.
  3. Each test subject  shall wear the
respirator for at least 10 minutes before
starting the fit test.
  4. The test subject shall don the enclosure
while wearing the respirator selected in
section IB above. This respirator shall be
properly adjusted and equipped with a
paniculate filter.
  5. The test subject may not eat drink
(except plain water), or chew gum for 15
minutes before the test
  6.  A second DeVilbiss Model 40 Inhalation
Medication Nebulizer is used to spray the fit
test solution into  the enclosure. This
nebulizer shall  be clearly marked to
distinquish it from the screening test solution
nebulizer.
  7. The fit test solution is prepared by
adding 83 grams of sodium saccharin to 100
cc of warm water.
  8. As before, the test subject shall breathe
with mouth open and tongue extended.
  9. The nebulizer is inserted Into the hole in
the front of the enclosure and the fit test
solution is sprayed into the enclosure using
the same technique as for the taste threshold
screening and (he same number of squeezes
required to elicit a taste response in the
screening. (See B.8 through B.10 above).
   10. After generation of the aerosol, read the
following instructions to the test subject. The
test subject shall perform the exercises for
one minute each.
   I. Breathe normally.
   ii. Breathe deeply. Be certain breaths are
deep and regular.
   iii. Turn head all the way from one side to
the other. Be certain movement is complete.
 Inhale on each side. Do not bump the
 respirator against the shoulders.
   iv. Nod head up-and-down. Be certain
 motions are complete. Inhale when head ii in
the full up position (when looking toward the
ceiling). Do not bump the respirator on the
chest.
  v. Talking. Talk aloud and slowly for
several minutes. The following paragraph is
called the Rainbow Passage. Reading it will
result in a wide range of facial movements.
and thus be useful to satisfy this requirement.
Alternative passages which serve the same
purpose may also be used.
  vi. logging in place.
  vii. Breathe normally.
  Rainbow Passage. When the sunlight
strikes raindrops in the air. they act like •
prism and form • rainbow. The rainbow is •
division of white light into many beautiful
colors. These take the shape of a long round
arch, with its path high above, and its two
ends apparently beyond the horizon. There is,
according to legend, a boiling pot of gold at
one end. People look, but no one ever finds it.
When a man looks for something beyond his
reach, his friends say he is looking for the pot
of gold at the end of the rainbow.
  11. At the beginning of each exercise, the
aerosol concentration shall be replenished
using one-half the number of squeezes as
initially described in C.9.
  12. The test subject shall indicate to the
test conductor. If at any time during the fit
test the taste of saccharin is detected.
  13. If the saccharin is detected, the fit ii
deemed unsatisfactory and a different
respirator shall be tried.
   14. At least two facepieces shall be
selected by the IAA test protocol. The test
subject shall be given the opportunity to wear
them for one week to choose the one which is
more comfortable to wear.
   15. Successful completion of the test
protocol shall allow the use of the half mask
tested respirator in contaminated
atmospheres up to 10 times the PEL of
asbestos. In other words this protocol may be
used to assign protection factors no higher
than ten.
   16. The test shall not be conducted if there
is any hair growth between the skin and the
facepiece sealing surface.
   17. If hair growth or apparel interfere with
a satisfactory fit then they shall be altered or
removed so as to eliminate interference and
allow a satisfactory fit. If a satisfactory fit is
still not attained, the test subject must use a
positive-pressure respirator such as powered
air-purifying respirator*, supplied air
respirator, or self-contained breathing
 apparatus.
   18. If a test subject exhibits difficulty in
breathing during the tests, she or he shall be
 referred to a physician trained in respirator
 diseases or pulmonary medicine to determine
 whether the test subject can wear a
 respirator while performing her or his duties.
   19. Qualitative fit testing shall be repeated
 at least every six months.
   20. In addition, because the sealing of the
 respirator may be affected, qualitative fit
 testing shall be repeated immediately when
 the  test subject has a:
   (1) Weight change of 20 pounds or more.
   (2) Significant facial scarring in the area of
 the  facepiece seal.

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5634
Federal  Register / Vol. 52. No. 36-37  / Wednesday, February 25. 1987 /  Rules and  Regulations
  (3) Significant dental changes; i.e.. multiple
extraction! without prothesis, or acquiring
dentures,
  (4) Reconstructive or cosmetic surgery, or
  (5) Any other condition that may interfere
with facepiece sealing.
  D. Recordkeeping. A summary of all test
results shall be maintained in each office for
3 years. The summary shall include:
  (1) Name of test subject
  (2) Date of testing.
  (3) Name of test conductor.
  (4) Respirators selected (indicate
manufacturer, model, size and approval
number).
  (5) Testing agent.
01. Irritant Fume Protocol
  A. Respirator selection. Respirators shall
be selected as described in section IB above,
except that each respirator shall be equipped
with a combination of high-efficiency and
acid-gas cartridges.
  B. Fit test. I. The test subject shall be
allowed to smell a weak concentration of the
irritant smoke to familiarize the subject with
the characteristic odor.
  2. The test subject shall properly don the
respirator selected as above, and wear it for
at least 10 minutes before starting the Tit test.
  3. The test conductor shall review this
protocol with the test subject before testing.
  4. The test subject shall perform the
conventional positive pressure and negative
pressure fit checks (see ANSI Z88.21980).
Failure of either check shall be cause to
select an alternate respirator.
  5. Break both ends of a ventilation smoke
tube containing stannic oxychloride. such as
the MSA part #5645, or equivalent. Attach a
short length of tubing to one end of the smoke
tube. Attach the other end  of the smoke tube
to a low pressure air pump set to deliver 200
milliliters per minute.
  6. Advise the test subject that the smoke
can be irritating to the eyes and instruct the
subject to keep the eyes closed while the test
is performed.
   7. The  test conductor shall direct the
stream of irritant smoke from the tube
towards the faceseal area of the test subject.
The person conducting the test shall begin
with the tube at least 12 inches from the
facepiece and gradually move to within one
inch, moving around the whole perimeter of
the mask.
  8. The  test subject shall be instructed to do
the following exercises while the respirator is
being challenged by the tmoke. Each exercise
shall be performed for one minute.
   I. Breathe normally.
   ii. Breathe deeply. Be certain breaths are
deep and regular.
   Ui. Turn head all the way from one side to
the other. Be certain movement is complete.
Inhale on each side. Do not bump the
respirator against the shoulders.
   Iv. Nod head up-and-down. Be certain
motions are complete and  made every
second. Inhale when head  is in the full up
position  (looking toward ceiling). Do not
bump the respirator against the chest.
   v. Talking. Talk aloud and slowly for
several minutes. The following paragraph is
called the Rainbow Passage. Reading it will
result in a wide range of facial movements,
and thus be useful to satisfy this requirement.
                                    Alternative passages which serve the same
                                    purpose may also be used.
                                      Rainbow Passage. When the sunlight
                                    strikes raindrops in the air, they act like a
                                    prism and form a rainbow. The rainbow is a
                                    division of white light into many beautiful
                                    colors. These take the shape of a long round
                                    arch, with Its path high above, and its two
                                    ends apparently beyond the horizon. There is,
                                    according to legend, a boiling pot of gold at
                                    one end. People look, but no one ever finds it.
                                    When a man looks for something beyond his
                                    reach, his friends say he is looking for the pot
                                    of gold at the end of the rainbow.
                                      vi. Jogging in place.
                                      vii. Breathe normally.
                                      9. The test subject shall indicate to the test
                                    conductor if the irritant smoke is detected. If
                                    smoke is  detected, the test conductor shall
                                    stop the test. In this case, the tested
                                    respirator is rejected and another respirator
                                    shall be selected.
                                      10. Each test subject passing the smoke test
                                    (i.e. without detecting the smoke) shall be
                                    given a sensitivity check of smoke from the
                                    same tube to determine if the test subject
                                    reacts to  the smoke. Failure to evoke a
                                    response shall void the fit test
                                      11. Steps B4. B9. BIO of this fit test protocol
                                    shall be performed in a location with exhaust
                                    ventilation sufficient to prevent general
                                    contamination of the testing area by the test
                                    agents.
                                      12. At least two facepieces shall be
                                    selected by the IAA test protocol. The test
                                    subject shall be given the opportunity to wear
                                    them for one week to choose the one which is
                                    more comfortable to wear.
                                      13. Respirators successfully tested by the
                                    protocol may be used in contaminated
                                    atmospheres up to ten times the PEL of
                                    asbestos.
                                      14. The test shall not be conducted if there
                                    is any hair  growth between the skin and the
                                    facepiece sealing surface.
                                      15. If hair growth or apparel interfere with
                                    a satisfactory fit then they shall be altered or
                                    removed  so as to eliminate interference and
                                    allow a satisfactory fit. If a satisfactory fit is
                                    still not attained, the test subject must use a
                                    positive-pressure respirator such as powered
                                    air-purifying respirators, supplied air
                                    respirator,  or self-contained breathing
                                    apparatus.
                                      16. If a test subject exhibits difficulty in
                                    breathing during the tests, she or be shall be
                                    referred to a physician trained in respirator
                                    diseases or pulmonary medicine to determine
                                    whether  the test subject can wear a
                                    respirator while performing her or his duties.
                                      17. Qualitative fit testing shall be repeated
                                    at least every six months.
                                      IB. In addition, because the sealing of the
                                    respirator may be effected, qualitative fit
                                    testing shall be repeated immediately when
                                    the test subject has a:
                                      (1) Weight change of 20 pounds  or more,
                                      (2) Significant facial scarring in  the area of
                                    the facepiece seal,
                                      (3) Significant dental changes: i.e.. multiple
                                    extractions without prosthesis, or acquiring
                                    dentures,
                                      (4) Reconstructive or cosmetic surgery, or
                                      (5) Any other condition that may interfere
                                    with facepiece sealing.
  C. Recordkeeping. A summary of all test
results shall be maintained in each office for
3 years. The summary shall include:
  (1) Name of test subject.
  (2) Date of testing.
  (3) Name of test conductor.
  (4) Respirators selected (indicate
manufacturer, model, size and approval
number).
  (5) Testing agent:

Quantitative Fit Test Procedures
1. General
  a. The method applies to the negative-
pressure nonpowercd air-purifying
respirators  only.
  b. The employer shall assign one individual
who shall assume the full responsibility for
implementing the respirator quantitative fit
test program.
2. Definitions
  a. "Quantitative Fit Test" means the
measurement of the effectiveness of a
respirator seal in excluding the ambient
atmosphere. The test is performed by
dividing the measured concentration of
challenge agent in a test chamber by the
measured concentration of the challenge
agent inside the respirator facepiece when
the normal air pwifying element has been
replaced by an essentially perfect purifying
element.
  b. "Challenge Agent" means the air
contaminant introduced into a test chamber
so that its concentration inside and outside
the respirator may be compared.
  c. 'Test Subject" means the person wearing
the respirator for quantitative fit testing.
  d. "Normal Standing Position" means
standing erect and straight with arms down
•long the sides and looking straight ahead.
  e. "Fit Factor" means the ratio of challenge
agent concentration outside with respect to
the inside of a respirator inlet covering
(facepiece or enclosure).
3. Apparatus
  a. Instrumentation. Com oil, sodium
chloride or other appropriate aerosol
generation, dilution, and measurement
systems shall be used for quantitative fit test.
  b. Test chamber. The test chamber shall be
large enough to permit all test subjects to
perform freely all required exercises without
distributing the challenge agent  concentration
or the  measurement apparatus. The test
chamber shall be equipped and constructed
so that the challenge agent is effectively
isolated from the ambient air yet uniform in
concentration throughout the chamber.
  c. When  testing air-purifying respirators.
the normal filter or cartridge element shall be
replaced with a high-efficiency particular
filter supplied by the same manufacturer.
  d. The sampling instrument shall be
selected so that a strip chart record may be
made of the test showing the rise and fall of
challenge agent concentration with each
inspiration and expiration at fit  factors of at
least 2.000.
  e. The combination of substitute air-
purifying elements (if any), challenge agent.
 and challenge agent concentration in the test
chamber shall be such that the test subject is

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        Federal Register  / Vol. 52, No. 36-37  / Wednesday,  February 25.  1987 /  Rules and Regulations   5635
not exposed in excess of PEL to the challenge
Bfcent at any time during the testing process
  f. The sampling port on the test specimen
respirator shall be placed and constructed so
thcl there is no detectable leak around thi:
port, a free air flow is allowed into tht
sampling line at all limes and so there is no
interference with the fit or performance of the
respirator.
  g. The test chamber and test  set-up shall
permit the person administering the test to
observe one test subject inside the chamber
during the test.
  h. The equipment generating the challenge.
atmosphere shell maintain the concentration
of challenge agent constant within a 10
percent variation for the duration of the test.
  i. The time lag (interval between an event
and its being recorded on the strip chart) of
the instrumentation may not exceed 2
seconds.
  j. The tubing for the test chamber
atmosphere and for the respirator sampling
port  shall be the same diameter, length  and
material, it shall be kept as short as possible.
The smallest diameter tubing recommended
by the manufacturer  shall be used.
  k. The exhaust flow from the test chamber
shall  pass through a high-efficiency filter
before release to the room.
  I. When sodium chloride aerosol is used.
the relative humidity inside the test chamber
sh;ili  nut exceed 50 percent.
4. Procedural Requirements
  a. The fitting of half-mask respirators
should be started wild thosr having multiple
sizes and a variety of interchangeable
cartridges and canisters such as the MSA
Comfo II-M, Norton M, Survivair M. A-O M.
or Sr.oit-M. Use either of the tests outlined
below to assure that  the facepiece is properly
adjusted.
   (1| Positive pressure test. With the exhaust
port|s| blocked, the negative pressure of
slight inhalation should remain constant for
several seconds.
   (C) Creative pressure lest. With the intake
port|sj blocked, the negative pressure sliphl
i:i:.;il.ition should remain constant for Severn!
seconds
   b  After H facepipce is adjusted, the test
siii'irrt fhull wear the facepiece for at least 5
minutes before conducting a qualitative test
by using either of '.lie methods described
belciw and using the  exercise regime
described in 5.a.. b.. c.. d. and e.
   (1) Isocmyl acetate tent. When usir.j;
urgjnic vapor cartridges, the lest subject who
can smell the odor should be unable to detect
the odor of isoamyl acetate squirted into tl;e
air near the most vulnerable portions of (he
facepiece seal. Ir. a location which is
separated from the test area, the test subject
shall be instructed to close her/his eyes
•Jurirp. (he test period. A combination
..artnoge or canister with organic vapor end
high-ffliciency filters shall be used when
available for the particular mask being
tested. The test subject shall be given an
opportunity to smell the odor of isoamyl
ecetale before the test is conducted.
   (2) Irritant ''jme left. When using hich-
efficier.cy filters, the test subject should be
ur.dlle to detect the  odor of irritant fame
(stannic chloride or titanium tctrachloride
vrn!i!.:tion  smoke tubes) squirted into  the air
near the most vulnerable portions of the
facepiece seal. The test subject shall be
instructed to close her/his eyes during the
test period.
  c. The test subject may enter the
quantitative testing chamber only if she or he
has obtained a satisfactory Tit as stated in
4.b. of this Appendix.
  d  Before the subject enters the test
chamber, a reasonably stable challenge agent
concentration shall be measured in the test
chamber.
  e.  Immediately after the subject enters the
test chamber, the challenge agent
concentration inside the respirator thai) be
measured to ensure that the peak penetration
does not exceed 5 percent for a half-mask
and 1 percent for a full facepiece.
  f. A stable challenge agent concentration
shall be obtained prior to the actual start of
testing.
  g.  Respirator restraining straps may not be
overtightened for testing. The straps shall be
adjusted by the wearer to give a reasonably
comfortable fit typical of normal use.
5. Exercise Regime.
  Prior to entering the test chamber, the test
subject shall be given complete instructions
as to her/his part in the test procedures. The
test subject shall perform the following
exercises, in the order given, for each
independent test.
  a. Normal Breathing (NB). In the normal
standing position, without talking, the subject
shall breathe normally for at least one
minute.
  b. Deep Breathing (DBJ. In the normal
standing position the subject shall do deep
breathing for at least one minute pausing so
as not to hyperventilate.
  c.  Turning head side to side (SSJ. Standing
in place the subject shall slowly turn his/her
head from side between the extreme
positions to each side. The head shall be held
at each extreme position for at least 5
seconds. Perform for at least three complete
cycles.
  d. Moving head up and down (UD).
Standing in place, the subject shall slowly
move his/her head up and down between the
extreme position straight up and the extreme
position, st-aipht down. The head shall be
held at inch extreme position for at least 5
seconds. Perform for at  least three complete
cycles.
  e. Reuding IR). The subject shall read out
slowly and loudly so as to be heard clearly
by the test conductor or monitor. The test
subject shall read the "rainbow passage" at
the end of this section.
   f.  G:imace (C). The test subject shall
grimace, smile, frown, and generally contort
the face using the facial muscles. Continue
for at least 15 seconds.
   g. Bcrid over and touch toes (B). The test
 subject shall bend at the waist and touch toes
 and return to upright position. Repeat for at
 least 30 seconds.
   h. logging in place (I). The test subject shall
 perform jog in place for at least 30 seconds.
   i. No'inal Breathing (NB). Same as exercise
 a.
   Rainbav.- Passage. When the sunlight
 strikes raindrops in the air. they act like a
 prism and form a rainbow. The rainbow is a
 division of white light into many beautiful
colors. These take the shape of a long round
arch, with its path high above, and its two
ends apparently beyond the horizon. There Is.
according to legend, a boiling pot of gold at
one end. People look, but no one ever finds it.
When a man looks for something beyond
reach, his friends say he is looking for the pot
of gold at  the end of the rainbow.
6. Termination of Test  •
  The test shall be terminated whenever any
single peak penetration exceeds 5 percent for
halfmasks and 1 percent for full facepieces.
The test subject may be refitted und retesled.
If two of the three required tests are
terminated, the Tit shall be deemed
inadequate. (See paragraph 4.h.)
7. Calculation of Fit Factors
  a. The fit factor determined by the
quantitative Tit test equals the average
concentration inside the respirator.
  b. The average test chamber concentration
is the arithmetic average of the  test chamber
concentration at the beginning and the end of
the test.
  c. The average peak concentration of the
challenge agent inside the respirator shall be
the arithmetic average peak concentrations
for each of the nine exercises of the test
which are computed as the arithmetic
average of the peak concentrations found for
each breath during the exercise.
  d. The average peak concentration for an
exercise may be determined graphically if
there is not a great variation in  the peak
concentrations during a single exercise.
8. Interpretation of Test Results
  The fit  factor measured by the quantitative
fit testing shall be  the lowest of the three
protection factors  resulting from three
independent tests.
9. Other Requirements
  a. The test subject shall not be permitted to
wear a  helfmask or full facepiece mask if the
minimum fit factor of 100 or 1.000.
respectively, cannot be obtained. If hair
growth or apparel interfere with a
satisfactory fit. then they shall  be altered or
removed  so as to eliminate inlerfetence and
allow a satisfactory fit. If a satisfactory fit is
still not attained, the test subject rr.ust  use a
positive-pressure respirator such us powered
air-purifying respirators, supplied air
respirator, or self-contained breathing
apparatus.
   b. The  test shall not be conducted if there
is any hair growth between the skin and the
 facepiece sealing surface.
   c. If a test subject exhibits difficulty in
 breathing during the tests, she or he shall be
 referred to a physician trained  in respirator
 diseases  or pulmonary medicine to determine
 whether  the test subject can wear a
 respirator while performing her or his duties.
   d. The  test subject shall be given the
 opportunity to wear the assigned respirator
 for one week. If the respirator does not
 provide a satisfactory fit during actual use.
 the test subject may request another QN'FT
 which  shall be performed immediately
   e. A  respirator fit factor card shell be
 issued  to the test subject with the following
 information:
   (1| Name.

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5636   Federal  Register / Vol. 52, No. 36-37  / Wednesday, February  25.  198?  / Rules  and Regulations
  (2) Date of fit lest.
  (3) Protection factors obtained through
each manufacturer, model and approval
number of respirator tested.
  (4) Name and signature of the person that
conducted the test.
  f. Filters used for qualitative or quantitative
Tit testing shall be replaced weekly, whenever
increased breathing resistance is
encountered, or when the test agent has
altered the integrity of the filter media.
Organic vapor cartridges/canisters shall be
replaced daily or sooner if there is any
indication of breakthrough by the test agent.
10. Retesting
  In addition, because the sealing of the
respirator may be affected, quantitative fit
testing shall be repeated immediately when
the test subject has a:
  a. Weight change of 20 pounds or more,
  b. Significant facial scarring in the area of
the facepiece seal.
  c. Significant dental changes: i.e.. multiple
extractions without prosthesis, or acquiring
dentures,
  d. Reconstructive or cosmetic surgery, or
  e. Any other condition that may interfere
with facepiece sealing.
11. Recordkeeping
  A summary of all test results shall be
maintained for 3 yean. The summary shall
include:
  a. Name of test subject.
  b. Date of testing.
  c. Name of the test conductor.
  d. Fit factors obtained from every
respirator tested (indicate manufacturer.
model, size and  approval number).
Appendix 0 to 0 763.121—Medical
Questionnaires  Mandatory
  This mandatory appendix contains the
medical questionnaires that must be
administered to all employees who are
exposed to asbestos above the action level.
and who will therefore be included in their
employer's medical surveillance program.
Part 1 of the appendix contains the Initial
Medical Questionnaire, which must be
obtained for all new hires who will be
covered by the medical surveillance
requirements. Part 2 includes the abbreviated
Periodical Medical Questionnaire, which
must be administered to all employees who
are provided periodic medical examinations
under the medical surveillance provisions of
the standard.
       coot i
               -W-tl

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       Federal Register / Vol. 52, No. 36-37 / Wednesday. February 25,1987 / Rules and Regulations   5637
                                   Part  1
                        INITIAL MEDICAL QUESTIONNAIRE
1.  NAME
2.  SOCIAL SECURITY  I   	  		  	  	  	 	 	 	
                          1234567   ~~8~~ ~T~

3.  CLOCK NUMBER                         	  	  		 	 	

                                         10   11   12   13    14    15

4.  PRESENT OCCUPATION	__

5.  PLANT      •	

6.  ADDRESS	

7.	;	
                                          (Zip Code)

8.  TELEPHONE NUMBER	

9.  INTERVIEWER	

10. DATE	  	  	  	   	  	  	
                              '              TF~  TT"  Te~   TT~  70"  7T~

11. Date cf Birth	   _^^  _^___  	   	  	  	
                  Month    Day   Year       "5T~  TT~  TT~   25    26    27

12. Place of Birth	

13. Sex                             1.   Male    	
                                    2.   Female  ___

14. What is your marital  status?   1.   Sinale  	    4.  Separated/
                                    2.   Married 	        Divorced  	
                                    3.   Widowed 	

15. Race                            1.   White   	    4.   Hispanic 	
                                    2.   Black   	    5.   Indian    	
                                    3.   Asian   	    6.   Other    	

16.  What is the highest  grade  completed in school? _____________
     (For example 12 years  is completion of high  school)

OCCUPATIONAL HISTORY

17A.  Have you ever  worked  full time (30 hours        1. Yes 	   2. No 	
      per week or more) for 6 months or more?

      IF YES TO 17A:

  B.  Have you ever  worked  for  a year or more in      1. Yes 	   2. No 	
      any dusty job?                                  3. Does  Not  Apply 	

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5638    Federal Register / Vol. 52. No. 36-37 / Wednesday. February 25.1987 / Rules and Regulations


      Specify job/industry 	   Total Years Worked 	

      Was dust exposure:  1.  Mild	   2.  Moderate"       3. Severe 	

  C.  Have you even  been  exposed  to gas or            1. Yes 	   2.  No 	
      chemical funes  in your work?    	...
      Specify job/industry                          Total Years  Worked _____

      Was exposure:       1.  Mild 	   2.  Moderate ____   3. Severe ^^

  D.  What has been  your  usual  occupation or job—the one you have
      worked at the  longest?
      1.  Job occupation
      2.  Number of  years  employed in this occupation

      3.  Position/job  title __________________________
      4.  Business,  field  or industry
(Record on lines  the  years in which you have worked  in any  of  these
industries, e.g.,  1960-1969).
Have you ever worked:   ,.
                                                       YES       NO
  E.   In a mine? ..............................         _

  F.   In a quarry?... .........................         | _ |    |

  G.   In a foundry? ........ .............. ........... |.    [..   |

  H.   In a pottery? ...........................         |    |    |

  I.   In a cotton,  flax or hemp mill? .........         |    |    |    |

  J.   with asbestos,  tremoli te, .anthophyllite,         |    |    |    |
        or actinolite? ........................
18.  PAST  MEDICAL  HISTORY
                                                          YES         NO

  A.  Do you  consider  yourself to be in good health?   |	|    |	

           If  "NO"  state reason         '                '       ::

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       Federal Register / Vol. 52. No. 36-37 / Wednesday. February 25.1987 / Rules and Regulations    5639
  B.   Have  you  any defect of vision?	

          If  "YES" state nature of defect
  C.   Have you  any  hearing defect?	

          If  "YES"  state  nature of defect
  D-   Are you suffering  from or have you ever suffered front

      a.   Epilepsy (or  fits* seizures, convulsions)?

      b.   Rheumatic  fever?

      c.   Kidney disease?

      d.   Bladder disease?

      e.   Diabetes?

      f.   Jaundice?

19.   CHEST COLDS AND CHEST  ILLNESSES

19A.
                                                      I—I    1=
                                                      mi    c
                                                      izn    iizi
                                                      mi    1=1
                                                      iEi    \~\
If you get a  cold, does  it usually go to your
chest?  (Usually neans more  then 1/2 the time)
1.  Yes 	   2.  No	
3.  Don't get colds	
20A.   During the past  3  years,  have you had any chest  1. Yes
      illnesses that have  kept  you off. work, indoors at
      home,  or in bed?
                                                            2.  Mo
          IF YES TO 20A:
  B.   Did you produce  phlegm with  any of these chest
      illness?

  C.   In the last 3 years,  how many  illnesses
      with (increased) phlegm did  you have which
      lasted a week or more?

21.   Did you have any  lung  trouble before the age of
     16?

22.   Have you ever had any  of the  following?

     1A.  Attacks of bronchitis?
                                                1. Yes 	   2. No	
                                                3. Does not apply 	

                                              Number of illnesses ___
                                              No such illnesses   	
                                                1. Yes
                                                 1. Yes
            2. No
            2. No

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5640    Federal Register / Vol. 52. No. 38-37 /Wednesday, February 25.1987 / Rules and Regulations
          IF YES TO 1A:
      B.  Was it confirmed  by  a  doctor?
      C.  At what age was  your  first attack?
     2A.  Pneumonia  (including bronchopneur*onia)?

          IF YES TO  2A:
      B.  Was  it confirmed  by  a doctor?
      C.  At what  age  did  you first have it?
      3A.  Hay  Fever?

           IF YES  TO 3A:
       B.  Was  it  confirmed by a doctor?
       C.  At what  age  did it start?
23A.   Have  you  ever  had chronic bronchitis?

            IF  YES  TO 23A:
  B.   Do  you still have it?
  C.  Was  it  confirmed by a doctor?
  D.  At what  age  did it start?
24A.   Have  you  ever had emphysema?

           IF  YES TO 24A:
  B.   Do  you  still have it?
  C.   Was  it  confirmed by a doctor?
   D.   At  what age did it start?
25A.   Have  you ever had asthma?

            IF YES TO 25A:
  B.   Do you still have it?
   C.   V.'as  it confirmed by a doctor?
   D.   At  what aoe did it start?
1. Yes 	   2. No
3. Does not apply

   Age in Years
   Does not apply
1. Yes
2. No
1. Yes 	   2. No
3. Does Not Apply

   Age in Years
   Does Not Apply
1. Yes
2. No
1. Yes	   2.  No
3. Does  Not  Apply

   Age  in Years
   Does  Not  Apply
 1.  Yes
2. No
1. Yes m	   2.  No
3. Does  Not  Apply

1. Yes _____   2.  No
3. Does  Not  Apply

   Age  in Years
   Does  Not  Apply
 1.  Yes
                                                                     2.' No
 1.  Yes ___   2. No
 3.  Does  Not Apply

 1.  Yes 	   2. No
 3.  Does  Not Apply

    Age in Years
    Does  Not Apply
 1.  Yes
                                                                     2. No
 1.  Yes 	   2. No
 3.  Does Not Apply

 1.  Yes 	   2. No
 3.  Does Not Apply

    Age in Years
    Does Not Apply

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        Federal Register / Vol. 52. No. 3&-37 / Wednesday. February 25,1987 / Rules and Regulations    5641
  E.   Tf  yen  ••••>  lonoer nave  it, at what  aoe did it         Aae  Stopped    	
       stop?                                                  Does Not Apply 	

26.  have  you  »ver had:

  A.   Any  other  chest illness?                           1.  Yes	   2. No	
           if  yes,  please specify 	
  B.   Any  chc-Pt  operations?                              1.  Yes 	   2. No
           If  yes,  please specify 	
  C.   Any  chest  injuries?                                1.  Yes ___   2. No
           If  yes,  please specify	.
27A.   Has  a  doctor ever told you  that  you had heart     1.  Yes 	   2. No ___
       trouble?

            IF  YES TO 27A:
  '}.   Have you  ever had treatment  for  heart trouble     1.  Yes ___   2. No
       in  the past 10 years?                              3.  Does  Not Apply 	

28A.   Has  a  doctor ever told you  that  you had high      ).  Yes	   2. No
       blood  pressure?

            IF  YES TO 28A:
  H.   Have you  had any treatment  for high blood         1.  Yes 	   2. No
       pressure  (hypertension)  in  the past 10 years?     3.  Does  Not Apply ___

29.    i-.hf-n did  you last have your  chest X-rayed?   (Year)
                                                              T5"   7F  TT  "21T

30.    i.ht-r«»  did you last have  your chest X-rayed  (if  known)  	

       What was  ttie outcome?  __________________________________________________

FAMIL.Y HISTORY
31.   Were  either  of your natural  parents ever told by  a  doctor that they
      had a  chronic lunn conditions  such as:

                             Father                          Mother
                  1.  Yes   2.  No    3.   Don't   1.  Yes   2.   No   3. Don't
                                          Know                           Know
A.  Chrcnic
    Bronchitis'5       	       ___         _____        ___        	      _____

R.  Emphysema?        _____                  	        	        	      _____

C.  Asthma?                                                               	

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5642    Federal Register / Vol. 52, No. 36-37 / Wednesday. February 25.1987 / Rules and Regulations
                               Father
                    1.  Yes   2.  No   3,
   D.   Lunq cancer?     	

   E.   Other chest
       conditions       	

   F.   Is parent currently alive?
       Please Specify
                       Ape  if Livina
                       Age  at Death
                       Don't Know
       Please specify cause of death
                                                      Mother
                                  Don't    1.   Yes    2.   No   3.  Don't
                                  Know                           Know
  _ Aqe if Living
  __ Age at Death
    Don't Know
   D.
Do you usually have a cough?   (Count            1.  Yes
a couqh with first smoke or on  first  qoinq
out of doors.  Exclude clearing  of
throat.)   [If no, skip to question  32C.]

Do you  usually cough as much as 4  to          1.  Yes
6 tines a day 4 or more days out of
the week?

Do you usually cough at all on  getting          1,
up or first thing in the morning?

Do you usually couqh at all during  the          1.
rest of the day or at night?
                                                            Yes
Yes
   IF YES TO AMY OF ABOVE  (32A,  B, C,  OR  D),  ANSWER THE FOLLOWING.
   ALL,  CHECK DOES NOT APPLY AND SKIP  TO  NEXT PAGE
         Do you usually couqh  like  this  on  most          1. Yes
         days for 3 consecutive  months or more
         during the year?

         For how many years  have you  had the couqh?
2. No 	




2. No 	



2. No 	


2. No 	


IF NO TO


2. No
                                                3. Does not apply 	


                                                Number of Years 	
                                                Does not apply  	
33A.     Do you usually bring  up  phlegm from your       1. Yes
         chest?
         (Count phleqm with  the first  snoke or
         on first going out  of doors.   Exclude
         phlegn from the nose.  Count  swalloweq
         phlegm.)   (If no, skip to  33C)

   B.    Do you usually bring  up  phlegm like this       ]. Yes
         as much as twice a  day 4 or more days
         out of the week?

   C.    Do you usually bring  up  phlegn at all .on       1. .Yes
         getting up or first thing  in  the morning?
                                                               No
                                                            2. No
                                                            2. No

-------
       Federal Register / Vol. 52. No. 36-37 / Wednesday. February 25,1987 / Rules and Regulations    5643
  D.     Do you usually bring up phlegm at all
        durinq the rest of the day or at night?
1.  Yes
2.  No
  IF YES TO ANY OF THL ABOVE (33A, B. C, OR D), ANSWRR THE  FOLLOWING:
  IF NO TO ALL, CHECK DOES NOT APPLY AND SKIP  TO  34A.
  E.     Do you brinq up phlegm  like  this on most
        days for 3 consecutive  nonths  or nore
        during the year?

  F.     For how many years have you  had trouble
        with phlegm?

  EPISODES OF COUGH AND PHLEGM

  34A.  Have you had periods of episodes of  (in-
        creased*) cough and phleqm lasting  for 3
        weeks or nore each year?
        *(For persons who usually have cough and/or
        phlegm)

        If YES to 34A
  b.     For how long have you had at least  1 sucn
        episode per year?

  WHEEZING
1. Yes 	   2. No
3. Ooes not apply
Nunber of years
Does not apply
1. Yes
2. No
Number of years
Does not apply
  35A.  Does your chest ever  sound  wheezy  or
        whistlina
                1.  When you  have a cold?
                2.  Occasionally apart  fron coids?
                3.  Host days or niqhts?

          IF YES TO 1, 2, OR  3  IN 35A
  B.    For how many years has  this been present?
36A.     Have you ever had an  attack  of  wheezing
        that has nade you feel  short of  breath?

          IF YES TO 36A
  B.     How old were you when  you  had your first
        such attack?

  C.     Have you had 2 or nore  such  episodes?
  D.    Have you ever required  medicine or
        treatment for the(se) attack(s)?
1. Yes
1. Yes
1. Yes
2. No
2. No
2. No
Nunber of years
Does  not apply
 I. Yes
 2.  No
Age  in years
Does  not  apply

1. Yes 	   2.  No
3. Does  not  apply

1. Yes 	   2.  No
3. Does  not  apply

-------
5644    Federal Register / Vol. 52, No. 3&-37 / Wednesday. February 25.1987 / Rules and Regulations
  BREATHLESSNESS
  37
38A.
  B.
  E.
If disabled from walking by any condition
other than heart or lunq disease* please
describe and proceed to question  39A.
Nature of condition(s)   	
Are you troubled by shortness of breath
when hurrying on the level or walking  up
a slight hill?

  IF YES TO 38 A

Do you have to walk slower than people
of your age on the level because of
breathlessness?

Do you ever have to step for breath
when walking at your own pace on the  level?

Do you ever have to stop for breath
after walking about 100 yards  (or
after a few minutes) on the level?

Are you too breathless to leave the
house or breathless on dressing or
climbing one flight of stairs?
  TOBACCO SMOKING

39A.    Have you ever smoked cigarettes?   (No
        neans less than 20 packs  of  cigarettes
        or 12 02. of tobacco in a lifetime or
        less than 1 cigarette a day  for  1  year)

        IF VES TO 39A
     1.  Yes
2. No
     1.  Yes	   2. No
     3.  Does  hot apply
                                                        1.  Yes 	   2. No
                                                        3.  Does not apply

                                                        1.  Yes 	   2. No
                                                        3.  Does not apply
     1. Yes 	   2. No
     3. Does not apply
                                                1. Yes
                 2. No
  B.



  C.


  D.




  E.



  F.
Do you now smoke cigarettes  (as  of
one months aao)

How old were you when you  first  started
regular cigarette smoking?

If you have stopped  smoking  cigarettes
completely, how old  were  you when you
stopped?

How many cigarettes  do  you  smoke per
day now?

On the average of the entire tine you
snoked, how nany cigarettes  did  you
smoke per day?
     1. Yes 	   2. No
     3. Does hot apply

     Age in years
     Does not apply

Age stopped
Check  if still smoking
Does not apply

Cigarettes per day
Does not apply

Cigarettes per day
Does not apply

-------
       Federal Register / Vol. 52. No. 36-37 / Wednesday. February 25.1987 / Rules and Regulations    5645
        Ho or did you inhale the cioarette  smoke?
40.A.
  FOR
  nave you ever smoked a pipe regularly?
  (Yes means more than 12 oz. of tobacco
  inalifetine.)                       :

  IF YES TO 40A:
PERSONS WHO HAVE EVER SMOKED A PIPE
1.   Does not apply
2.   Not at all
3.   Slightly
4.   Moderately
5.   Deeply

    1. Yes      2.
  B.
  C.
  I.   How old were you when you started  to
      smoke a pipe regularly?

  2.   It" you have stopped smoking a pipe
      completely, how old were you when  you
      stopped?
  On the average over the entire  time  you
  smoked a pipe, how much pipe  tobacco did
  you smoke per week?
        How much pipe tobacco  are  you  smoking now?
        Do you or did you  inhale  the  pipe smoke?
  Age  '

  Age stopped     _ _
  Check if still
  smoking a pipe  _
  Does not apply  _ _

  oz. per week  (a standard
  pouch of tobacco contain*
  I 1/2 oz.)
  Does not apply

  02. per week        _
  Not currently
          a pipe
  1.
  2.
  3.
  4.
  5.
                                                    Never smoked
                                                    Not at all
                                                    Slightly
                                                    Moderately
                                                    Deeply
41 A.
  FOR
  Have you ever smoked cigars  regularly?
  (Yes means more than 1 cigar a week  for
  a ye a r)

  IF YES TO 41A
PERSON'S WHO HAVE EVER SMOKED CIGARS
  1. Yes
2.  No
  B.    1.  How old were you  when  you  started
            smoking cigars  regularly?

        2.  If you have stopped  smoking cigars
            completely, how old  were  you when you
            stopped?
  C.     On the average over  the  entire time you
        smoked cigars, how many  cigars did you
        smoke per week?
                                                Age 	

                                                Age stopped
                                                Check if still
                                                smoking cigars
                                                Does not aoply

                                                Cigars per week
                                                Does not apply

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5646    Federal Register / Vol. 52, No. 36-37 / Wednesday, February 25.1987 / Rules and Regulations
D.     How nany  ciaars are  you  smoking per  week     Ciqars  per week
      now?                                            Check  if not
                                                      snokina ciaars
                                                      currently

E.     Do or  did you inhale the cigar  smoke?        1.   Never snoked
                                                      2.   Not at all
                                                      3.   Sliohtly
                                                      4.   Moderately
                                                      5.   Deeply

Signature   	          	  Date  	

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       Federal Register / Vol. 52, No. 3&-37 / Wednesday, February 25,1987 / Rules and Regulations   5647
                                          Part 2
                              PERIODIC MEDICAL QUESTIONNAIRE
1.

2.


3.




5.

6.

7.


8.

9.

10.
        NAME
        SOCIAL SECURITY JC _



        CLOCK NUMBER



        PRESENT OCCUPATION

        PLANT
                    T — 2  —
                                       — 5
                                                       ~~nr
        ADDRESS
                                            (Zip code}
        TELEPHONE NUMBER

        INTERVIEWER  	

        DATE
                                            "16   17   18   19   20    21"
  11.   What Is your marital  status?
  12.

  12A.




  12B.

In the


  12C.

  12D.



  12E.

  12F.
                                    1.   Single
                                    2.   Married
                                    3.   Widowed
                                    1.  Yes
                                                          Separated/
                                                          Divorced
                                               2. No
      OCCUPATIONAL HISTORY

      In the past year, did  you  work
      full time  (30 hours per  week
      or more) for 6 months  or more?

      IP YES TO  12A:
past year, did you work     1.  Yes      2. No  	
 In a dusty Job?                  T.   Does not apply 	
 Was dust exposure:   1.   Mild

 In the past year, were  you
 exposed to gas or chemical
 fumes In your work?
                                    2.  Moderate  	

                                   1. Yes2. No
                                                              3.   Severe
Was exposure:        1.   Mild	   2.  Moderate

In the past year,
                                                         3.   Severe
        what was your:
                      1.   Job/occupation?
                      2.   Position/Job titl'eT

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5648    Federal Register / Vol. 52, No. 36-37 / Wednesday, February 25,1987 / Rules and Regulations
13.

13A.





13B.
14.

MA.
ISA.
15C
16.
     RECENT MEDICAL HISTORY

      Do you consider yourself  to
      be in qoori health?
                                           Yes
                                                           NO
      If NO, state reason
      In the past  year,  have  you
      developed:
                                           Epilepsy?
                                           Rheumatic tever?
                                           Kidney disease?
                                           Bladder disease?
                                           Diabetes?
                                           Jaundice?
                                           Cancer?
                                                             Yes
                                                                         No
      CHEST COLDS AND CHEST  ILLNESSES
      If you get a cold, does  it  usual ly qo to your chest?
      (Usually neans nore  than 1/2 the  time)

                                           1.'  Yes  	     No  	
                                           3.  Don't qet colds

      Durinq the past  year,  have  you had  1. Yes __   2. No 	
      any che.st illnesses  that have kept  3. Does not apply   	
      you off work, indoors  at home, or
      in bed?
      IF YES TO J5A:

      Did you produce  phlegm with any
      of these chest  illnesses

      In the past year,  how  many such
      illnesses with  (increased)
      phlegm did you  have  which lasted
      a week or more?

      RESPIRATORY SYSTEM

      In the past year have  you -had:

                             Yes or No
      Asthma

      Bronchi tis

      Hay Fever

      Other Allergies
                                           1. Yes 	   2. No 	
                                           3. Does not apply

                                           Number of  illnesses
                                           No such illnesses
                                          Further Comment on  Positive
                                                       Answers

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       Federal Register / Vol. 52, No. 36-37 / Wednesday, February 25,1987 / Rules and Regulations    6649
                             Yes or No     Further Comment on  Positive
                                                        Answers
      Pneumonia
      Tuberculosis
      Chest  Surgery
      Other  Lung  Problems
      Heart  Disease
      Do you have:
      Frequent  colds
      Chronic cough
      Shortness of breath
      when walking or
      climbing  one flight of
      stairs
      Do you:
      Wheeze
      Cough up phlegm
      Smoke  cigarettes      	    Packs per  day  	How many years 	
Date ___________________    Signature
KUJNO COOC U60-W-C

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6650   Federal Register  /  Vol. 52. No. 36-37 /Wednesday. February 25, 1967  / Rulet  and Regulation*
Appendix E to 8 763.121—latttpreUUon and
Classification of Chest Rontgenograins—
Mandatory                      :  '
  (a) Chest roentgenograms shall be
interpreted and classified in accnrdunce with
a professionally accepted classification
system and recorded on a Roentgenographic
Interpretation Form. Form CSD/N1OSH (M)
2.8.
  (b) Roentgenograms shall be interpreted
and classified only by a B-reader, a bonrd
eligible/certified radiologist, or an
experienced physician with known expertise
in pneumoconioses.
  (c) All interpreters, whenever interpreting
chest roentgenograms made under this
section, shall have immediately available for
reference a complete set of the ILO-U/C
International Classification of Radiographs
for Pneumoconioses. 1980.

8 763.122   Exclusion* for States.
  (a) The States of Idaho. Kansas.
Oklahoma, and Wisconsin have 6
months or such other reasonable time as
suggested by the particular State and
approved by the Director of the Office of
Toxic Substances to make their
regulations comparable to or more
stringent than  this part, and to submit
their regulations to EPA's Office of
Toxic Substances for review. If in such
reasonable time after March 27,1987.
any of these States have not so revised
their regulations and submitted them to
EPA. State and local government
employees in such States shall be
covered by the requirements of this part.
  (b) Any other Stale that wishes to be
excluded from this rule shall send a
copy of a regulation which it considers
to be comparable to or more stringent   •
than this part to EPA's Office of Toxic
Substances for review. EPA will review
the regulation and tentatively determine
whether the regulation is comparable to
or more stringent than this part. If EPA
makes a positive tentative         '
determination. EPA will propose an
amendment to this rule excluding that
State from coverage. Interested persons
may comment on the proposed
exclusion during the period for public
comment. After considering any
comments, EPA may promulgate the
final amendment to the rule. .

{763.124  Reporting.
  (a) Employers subject to this rule must
report to the Regional Asbestos
Coordinator for the EPA Region in
which the asbestos abatement project is
located at least 10 days before they
begin any asbestos abatement project.
except one that involves less than either
3 linear feet or 3 square feet of finable
asbestos material, and an emergency
project. Employers must report any
emergency project covered by this  rule
as soon as possible but in no case more
than 48 hours after the project begins. A
list of the EPA Regional Office* it given
under 8 1.7(b) of this chapter.
  (b) The report must include:
  (1) The employer's name and address.
  (2) The location, including street
address, of the asbestos abatement
project.
  (3) The scheduled starting and
completion dates for the asbestos
abatement project.         '       '
  (c) If a report is mailed to EPA, the
report must be postmarked at least 10
days before the asbestos abatement
project begins unless the report is for an
emergency project. In such a case,  the
report must be postmarked as soon as
possible but in no case more than 48
hours after the project begins.
  (d) Employers do not have to report
under this section if they submit a notice
to EPA under the National Emission
Standard for Asbestos. 161.146 of this
chapter, at least 16 days before they
begin the asbestos abatement project
and that notice clearly indicates that
employees covered by this rule will
perform some or all of the asbestos
abatement work.
(Approved by the Office of Management and
Budget under control number 2070-0072)

1763.125  Entorotffrwnt
  (a) Failure to comply with any
provision of this pail is a violation of
section 15 of the Act (15 U.S.C. 2614).
  (b) Failure or refusal to establish and
maintain records or to permit access to
or copying of records, as required by the
Act is a violation of section 15 of the
Act (15 U&C. 2614).
  (c) Failure or refusal to permit entry or
inspection as required by section 11 of
the Act (15 U.S.C. 2610) is a violation of
section 15 of  the Act (15 U.S.C. 2814).
  (d) Violators may be subject to the
civil and criminal penalties in section 16
of the Act (15 U.S.C. 2615) for each
violation.
  (e) EPA (nay »eek to enjoin an
asbestos abatement project in violation
of this part or take other actions under
the authority of section 7 or 17 of the Act
(15 U.S.C. 2606 or 2616).

1763.126  Inspections,
  EPA will conduct inspections under
section 11 of the Act (15 UJ5.C. 2610) to
ensure compliance with this part.
[FR Doc. 87-3645 Filed 2-24-37; 8:45 am] .
MUNIO COM (Sie-fO-W

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