United States Office of Air Quality EPA - 340/1 -90-003a
Environmental Protection Planning and Standards November 1990
Agency Washington, DC 20460
Stationary Source Compliance Series
Asbestos NESHAP
Demolition and Renovation
Inspection and Safety
Procedures Workshop
Student Manual
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DISCLAIMER
The opinions, findings, and conclusions expressed are those of the authors and not
necessarily those of the Environmental Protection Agency or the cooperating agencies.
Mention of company or product names is not to be considered as an endorsement by the
Environmental Protection Agency. The guidance provided in this manual does not create any
rights for defendants nor responsibilities for the Environmental Protection Agency. The
Agency reserves the right to act at variance with these procedures at any time without
notice to the regulated community. Nothing contained in this manual can be used as a
defense in an enforcement action. The safety precautions set forth in this manual are general
in nature. The precise safety precautions required for any given situation depend upon and
must be tailored to the specific circumstance or situation. Alliance Technologies Corporation
expressly disclaims any liability for any personal health problems, death, or economic loss
arising from any actions taken in reliance upon this manual.
ACKNOWLEDGMENTS
This document was prepared for the U.S. Environmental Protection Agency (EPA) by
Alliance Technologies, Inc. under Contract No. 68-02-4465. Alliance appreciates the
support and input given by the EPA Project Manager, Ms. Omayra Salgado during the
preparation of this document. Review and comments were provided by legal and technical
staff of all Regional Offices along with Headquarters OAQPS (SSCD and ESD) OECM and
EHSD. Their input is gratefully acknowledged.
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Table of Contents
Section Page
To the Instructor . iii
Recommended Topic Sequence and Time Allotment iv
Figures , xii
Tables xii
1 BACKGROUND INFORMATION AND DEFINITIONS
PURPOSE OF INSPECnONS , : 1-1
REGULATORY OVERVIEW 1-2
Clean Air Act (CAA) 1-3
Toxic Substances Control Act (TSCA) 1-5
Asbestos School Hazard Abatement Act (ASHAA) (40 CFR Part 763) 1-5
Worker Protection Rule (WPR) (40 CFR Part 763 Subpart G) 1-6
Asbestos Hazard Emergency Response Act (AHERA) (40 CFR Part 763 Subpart E) 1-6
Asbestos Ban and Phase-out Rule 1-6
Resource Conservation Recovery Act (RCRA) 1-7
Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) 1-7
GLOSSARY OF TERMS 1-7
ASBESTOS HISTORY 1-16
GEOLOGICAL TERMS 1-16
FIBER SIZES 1-17
COMMERCIAL PRODUCTS 1-18
2 NATIONAL REGULATORY STRATEGY/INSPECTOR GENERAL AUDIT 2-1
OBJECTIVES 2-2
BACKGROUND 2-2
STRATEGY 2-2
Informal action 2-3
Administrative action 2-4
Judicial action 2-4
3 HEALTH EFFECTS OF EXPOSURE TO ASBESTOS
HEALTH EFFECTS ASSOCIATED WITH INHALATION 3-1
The Respiratory System 3-2
Routes of Inhalation Exposure 3-3
Occupational Exposure 3-3
Para-occupational Exposure 3-4
Neighborhood Exposure 3-4
Ambient Background Exposure 3-5
Diseases Associated with Asbestos Inhalation............................... 3-5
Asbestosis 3-5
Lung Cancer 3-5
Mesothelioma 3-6
Other Diseases — 3-6
Other Abnormalities 3-7
HEALTH EFFECTS ASSOCIATED WITH INGESTION 3-7
HEALTH EFFECTS ASSOCIATED WITH SKIN CONTACT 3-7
THEORIES ON HAZARD RELATIONSHIPS 3-8
Asbestos Fiber Type 3-8
Asbestos Fiber Size 3-8
Age at Exposure : 3-8
Individual Susceptibility 3-8
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Table of Contents
Section Page
4 IDENTIFYING ASBESTOS CONTAINING MATERIALS 4-1
IMPORTANT DEFINITIONS 4-1
ASBESTOS USES AND CHARACTERISTICS 4-2
Typical Friable Asbestos Materials 4-5
Typical Category I Nonfriable Asbestos Materials 4-6
Typical Category II Nonfriable Asbestos Materials 4-6
ASBESTOS SURFACING MATERIALS 4-6
Condensation Control 4-6
Fireproofing 4-7
Acoustical 4-7
THERMAL SYSTEM INSULATION 4-7
Pipe Insulation 4-7
Boilers and Hot Water Tanks 4-7
Elbows, Valves and T-Fittings 4-8
MISCELLANEOUS BUILDING MATERIALS 4-8
5 . ABATEMENT TECHNIQUES
AREA PREPARATION 5-1
EQUIPMENT 5-3
WORK PRACTICES 5-4
OTHER TECHNIQUES * 5-5
Floor Tile Removal ^ 5-5
Pipe Lagging Removal 5-5
6 DEMOLITION AND RENOVATION REGULATIONS 6-1
SOURCES UNDER SUBPART M 6-1
REGULATORY HISTORY OF THE ASBESTOS NESHAP 6-2
DEFINITIONS 6-3
APPLICABILITY OF STANDARD 6-6
Demolitions (Above Cutoff) 6-6
Demolitions (Below Cutoff) 6-7
Demolitions (Ordered) 6-7
Renovations (Above Cutoff) 6-7
Renovations (Below Cutoff) 6-7
Renovations (Planned) 6-7
NOTIFICATION REQUIREMENTS 6-8
Important Terms 6-8
Notifying Responsibility 6-8
Notification Submittal 6-8
Updated Notifications 6-9
Contents of Notification 6-10
PROCEDURES FOR ASBESTOS EMISSION CONTROL 6-11
Removal of ACM 6-11
Exceptions From Removal 6-11
Removal of Units or Sections 6-12
Techniques for Wetting 6-12
Stripping erf ACM from an In-place Facility Component 6-13
Wetting Exemptions 6-13
Stripping of Facility Components Taken Out as Units or Sections 6-14
Exemptions from Stripping 6-14
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Table of Contents
Section Page
Handling of ACM 6-14
NESHAP Training Requirements ! 6-14
Demolition Operations 6-15
Disturbance of Category I Nonfriable ACM 6-15
WASTE DISPOSAL REQUIREMENTS 6-15
Visible Emissions 6-16
Deposition of ACWM 6-16
Vehicle Marking 6-17
Off-site Transport of ACWM . 6-17
Record Availability 6-17
AIR CLEANING 6-17
Fabric Filters 6-17
HEPA Filters 6-18
Other Filtration Devices 6-18
ACTIVE WASTE DISPOSAL SITES 6-18
7 RESPIRATORY PROTECTION EQUIPMENT 7-1
CLASSES OF RESPIRATORS 7-1
Air-Purifying Negative Pressure Respirators 7-1
Powered Air-Purifying Respirators (PAPRs) - Equipped with HEPA Filters 7-2
Air-Line (Type C) Supplied-Air Respirators 7-3
Air-Line Respirator with Self-Contained Auxiliary Air Supply , 7-4
Supplied-Air (Type C) Respirator with HEPA Filter... 7-4
Self-Contained Breathing Apparatus (SCBA) ....7-5
SELECTION OF RESPIRATORS 7-5
General Requirements . 7-5
Respirator Selection Criteria 7-6
OTHER MEDICAL/PHYSICAL CONSIDERATIONS IN RESPIRATOR USAGE 7-10
Medical Monitoring 7-10
Miscellaneous Considerations 7-10
8 ASBESTOS INSPECTOR SAFETY GUIDANCE 8-1
OSHA ASBESTOS STANDARDS : 8-1
Scope and Application (Construction Industry Standard) 8-2
Definitions 8-2
Communication Among Employers 8-3
Regulated Areas 8-3
Exposure Monitoring 8-4
Methods of Compliance 8-4
Employee Rotation — 8-5
Respiratory Protection 8-5
Protective Clothing 8-5
Hygiene Facilities and Practices........... 8-5
Requirements for Removal, Demolition and Renovation Operations 8-5
Communication of Hazards to Employees 8-5
Employee Information and Training 8-6
Housekeeping 8-6
Medical Surveillance. 8-6
Recordkeeping 8-6
Excursion Limit 8-6
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Table of Contents
Section Page
EPA WORKER PROTECTION RULE 8-6
EPA/NIOSH GUIDANCE 8-7
EHSD GUIDELINES 8-7
Health and Safety Plan 8-8
Evaluation 8-8
Incident Reporting and Response 8-8
Training 8-9
Medical Monitoring 8-9
Protective Clothing 8-9
Respiratory Protective Equipment 8-9
Other Personal Protection Equipment 8-10
Forbidden Practices 8-10
Personal Hygiene 8-10
9 RESPIRATORY PROTECTION PROGRAM ELEMENTS 9-1
RESPIRATOR PROTECTION FACTORS 9-1
Protection Factors 9-2
Fit Factors 9-3
RESPIRATOR FIT TESTING 9-3
Qualitative Fit Testing 9-3
Quantitative Fit Test Procedure 9-6
Fit Factor Determination 9-7
ROUTINE INSPECTION AND MAINTENANCE 9-8
Routine Inspection Requirements 9-8
Cleaning and Disinfecting 9-9
Storage 9-10
FIELD INSPECTION AND CHECKOUT PROCEDURES 9-10
Air Purifying Respirator 1 9-11
Self-Contained Breathing Apparatus (SCBA) 9-11
10 PROTECTIVE CLOTHING 10-1
RECOMMENDED PROTECTIVE CLOTHING FOR ASBESTOS INSPECTIONS 10-2
OPERATIONAL PRACTICES FOR ENTERING AND EXITING SITES 10-3
Entering and Exiting Site with a Three-Stage Decontamination System 10-3
Entering and Exiting Sites Without a Three-Stage Decontamination System 10-S
DISPOSAL OF CONTAMINATED CLOTHING 10-7
11 ASBESTOS NESHAP INSPECTIONS LEGAL PERSPECTIVES 11-1
GENERAL 11-1
Owner or Operator : l l-l
Authority for Inspections 11 -2
Enforcement Options 11-2
TYPES OF EVIDENCE 11-3
Bulk Samples 11-3
Admissions 11-3
Photographs 11-4
Observations 11-4
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Table of Contents
Section Page
12 OTHER SAFETY CONSIDERATIONS IN ASBESTOS WORK 12-1
HEAT STRESS 12-1
CLIMBING HAZARDS 112-2
Scaffolding 12-2
Ladders 12-2
WORKING SURFACES 12-3
ILLUMINATION (LIGHTING) 12-3
ELECTRICAL SAFETY 12-3 •
FALLING/FALLEN OBJECTS 12-4
STRUCTURALLY UNSOUND BUILDINGS 12-4
MISCELLANEOUS HAZARDS 12-4
Chemical Hazards 12-4
Biological Hazards 12-4
Lack of Oxygen 12-5
Painted Skylights 12-5
Claustrophobia 12-5
Noise 12-5
Machinery Hazards 12-5
13 PRE-INSPECTION PROCEDURES 13-1
Review Notification ; 13-1
Identifying Non-Notifiers 13-1
Preparation of Inspection Equipment 13-2
14 ONSITE FACILITY INSPECTIONS 14-1
PRE-ENTRY REMOTE OBSERVATIONS 14-1
PRE-ENTRY INTERVIEW ; 14-2
Interview Questions 14-3
Document Examination 14-4
Pre-entry Worksite Obsevations 14-4
PRE-REMOVAL INSPECTION 14-5
Applicability : 14-5
Notification 14-5
Planned Emission Controls 14-6
Disposal Techniques 14-6
Evidence Collection ;. 14-6
ACTIVE REMOVAL INSPECTIONS 14-7
Removal Area Entry Preparation . 14-7
Applicability 14-8
Notification 14-8
Emission Controls 14-9
Evidence Collection 14-13
Disposal Techniques 14-13
Waste Shipment Records 14-14
TSCA Compliance 14-14
Exiting the Removal Area 14-14
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Table of Contents
Section Page
POST-REMOVAL INSPECTION 14-15
Applicability 14-15
Notification 14-16
Emission Controls 14-16
Waste Disposal 14-16
Evidence Collection 14-17
POST-INSPECTION INTERVIEW 14-17
EXIT OBSERVATIONS 14-18
15 POST-INSPECTION 15-1
INSPECTION FOLLOWUP 15-1
DOCUMENTATION 15-1
Document Control 15-2
Corrections to Documentation 15-2
RECORDS MAINTENANCE 15-3
INSPECTION REPORTS 15-3
16 LANDFILL INSPECTIONS 16-1
REVIEW PERMIT CONDITIONS - 16-1
EVALUATE WASTE SHIPMENT RECORDS 16-2
OTHER ACTIVE WASTE DISPOSAL SITE REQUIREMENTS 16-2
SURVEILLANCE 16-3
Off-loading of Suspect ACWM Unaccompanied by a Waste Manifest 16-3
Landfill Inspection 16-3
17 ASBESTOS BULK SAMPLING AND ANALYSIS 17-1
PROTECTIVE EQUIPMENT 17-1
SAMPLING EQUIPMENT 17-2
COLLECTION TECHNIQUES 17-2
Non-Abatement Inspections 17-3
Abatement Inspections 17-3
BULK SAMPLE ANALYSIS 17-4
QUALITY ASSURANCE 17-5
Sample I.D. Numbers 17-5
Chain-of-Custody Forms 17-5
Quality Control (QC) Samples 17-5
Accredited Laboratories 17-5
18 ASBESTOS AIR MONITORING 18-1
MEASUREMENT STRATEGIES 18-1
MEASUREMENT APPROACH 18-2
Personal Sampling 18-2
Area Sampling 18-2
Aggressive Sampling 18-2
SAMPLING EQUIPMENT 18-2
Sampling Pumps 18-2
Low Volume 18-2
High Volume 18-2
Filters and Cassettes ...» 18-3
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Table of Contents
Section Page
ANALYTICAL TECHNIQUES 18-3
Phase Contrast Microscopy (PCM) 18-3
Scanning Electron Microscopy (SEM) 18-3
Transmission Electron Microscopy 18-4
CONTINUOUS MONITORS 18-4
Appendices
A National Emission Standards for Hazardous Air Pollutants (Subpart M • National Emission
Standard for Asbestos A-l
B SCB A Proficiency Tests and Checkout Procedures B-l
C Environmental Health and Safety Division (EHSD). Health and Safety Guidelines for EPA
Asbestos Inspectors C-l
D Field Inspection Checklists D-1
E Model Consent Decree E-1
F Asbestos NES HAP Inspection Scenario F-1
R References R-l
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Figures
Number Page
1-1 Size comparisons 1-18
3-1 The respiratory system 3-2
5 -1 Negative air filtration system 5-3
5-2 Illustration of a glove bag 5-5
9-1 Qualitative fit test chamber 9-4
9-2 Quantitative fit test 9-6
17-1 Representative chain-of-custody record 17-6
Tables
Number Page
1 -1 Asbestos B^n and Phase-out Rule 1 -7
1-2 The Asbestos Minerals 1-17
1-3 Summary of Asbestos-Containing Products 1-19
3 -1 Asbestos Abatement Fiber Levels 3-4
3-2 Ambient Asbestos Fiber Levels 3-4
4-1 Trade Names 4-2
4-2 Summary of Asbestos-Containing Products 4-3
10-1 Cost Range 10-2
18-1 Comparison of Methods for Measuring Airborne Asbestos 18-5
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SECTION 1
BACKGROUND INFORMATION AND DEFINITIONS
The Environmental Protection Agency (EPA) has identified the need for nationally
consistent inspection guidelines to assist EPA, state and local air agency personnel in
conducting asbestos NESHAP (National Emission Standards for Hazardous Air Pollutants)
inspections specific to demolition and renovation of buildings containing asbestos containing
material (ACM). The primary purpose of this workshop is to present clear, concise
inspection procedures and detailed interpretation of the regulation (supplemented by EPA
issued policy memoranda providing additional guidance and clarification) to agency and
delegated State and local staff charged with enforcing the regulation.
The guidance provided in this workshop is geared toward EPA NESHAP inspectors.
However, it is also appropriate for state and local regulatory inspectors either in lieu of or as
a supplement to specific state and local program requirements.
EPA, state and local agencies are beginning to implement coordinated asbestos programs
under the Clean Air Act (CAA) and the Toxic Substances Control Act (TSCA). EPA, state,
and local inspectors may also evaluate compliance with certain requirements under the
Asbestos Hazard Emergency Response Act (AHERA) and the Worker Protection Rule
(WPR) regulations. This workshop includes basic guidelines for inspectors to follow to
determine compliance with certain provisions of AHERA and WPR, in order to refer any
potential violations to the appropriate asbestos program office for followup.
PURPOSE OF INSPECTIONS
In order to ensure that the regulated community adheres to the requirements of the asbestos
NESHAP, inspectors are assigned at the EPA, state and local agency levels to visit
facilities involved in demolition and renovation activities. Observations made and evidence
collected onsite by the inspectors are the foundations of any compliance actions where
violations of the asbestos NESHAP are detected. The overall objectives of a regulatory
inspector can be broken into the following categories:
• Determine the need for immediate action in order to protect the public and the
asbestos abatement worker (may necessitate obtaining a Temporary
Restraining Order under Section 113 of the CAA or use of Section 303 of the
CAA "imminent and substantial endangerment to public health" to seek a
court order to stop work).
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• Verify that the demo/reno operations are earned out according to all
requirements of the asbestos NESHAP regulation.
• Gather evidence of any violations of the asbestos NESHAP.
• Determine whether a potential AHERA or WPR violation exists.
• Create a regulatory presence as a deterrent to potential violators.
The overall asbestos NESHAP inspection and compliance program follows a national
strategy document entitled Asbestos Demolition and Renovation Enforcement Strategy
dated March 1988. The guidance contained herein is consistent with the national strategy
document regarding inspector training, inspection criteria, and enforcement procedures. This
guidance is also consistent with EPA policy to coordinate all asbestos program offices.
REGULATORY OVERVIEW
Over the past two decades, the regulatory community has become acutely aware of the
potential hazards of inhaled asbestos fibers. Regulations have been developed by Federal,
state, and local agencies to protect workers and the general public living near sources that
have a potential to release asbestos fibers. The overall configuration of the U.S. Federal
government relative to the regulation of asbestos is illustrated below.
FEDERAL GOVERNMENT
DOL
DHHS
DOT
EPA
• OSHA
• NIOSH
• OAR
• OPTS
• OSW
Within the DOL (Department of Labor), OSHA (Occupational Safety and Health
Administration) has developed two standards designed to protect employees at their
worksites: Asbestos Regulations for General Industry (29 CFR 1910.1001) and Asbestos
Regulations for the Construction Industry (29 CFR 1926.58).
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NIOSH (National Institute of Occupational Safety and Health), a branch of the DHHS
(Department of Health and Human Services), tests respirators ai>d acts as the research arm
ofOSHA.
DOT (Department of Transportation) regulates the transport of commercial asbestos and
asbestos waste and dictates the labeling of waste bags and transport vehicles.
OAR (Office of Air and Radiation), OPTS (Office of Pesticides and Toxic Substances), and
OSW (Office of Solid Waste) are three branches of the EPA which help regulate asbestos.
Within EPA, the regulation of asbestos has been incorporated into several legislative acts,
illustrated below. Each of these categories will be explained in detail.
EPA Asbestos Regulations
RCRA
CERCLA
TSCA
CAA
Clean Air Act (CAA)
The pathway of CAA authority to demolition/renovation activities is illustrated below.
NESHAP
CAA
Demolition/
Renovation
Waste
Handling
Watte
Disposal
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• The EPA regulates asbestos under the National Emission Standards for
Hazardous Air Pollutants (NESHAP) which is listed as Section 112 of the
Clean Air Act (CAA).
• A hazardous pollutant has been defined as "an air pollutant to which no
ambient air quality standard is applicable and which, in the judgment of the
Administrator, causes or contributes to air pollution which may reasonably be
anticipated to result in an increase in mortality or an increase in serious
irreversible or incapacitating reversible illness."
• The NESHAP program currently regulates arsenic, benzene, beryllium,
mercury, radionuclides, and vinyl chloride along with asbestos.
• The purpose of the asbestos NESHAP is to protect the public from exposure
to asbestos in the ambient air. The asbestos NESHAP program is examined
in this manual as it pertains to demolition and renovation of buildings
containing asbestos building materials. (The asbestos NESHAP also
regulates manufacturing and fabricating operations, spray application of
asbestos, waste disposal for asbestos mills, inactive waste disposal sites,
and establishes standards for asbestos mills and roadways.)
The demolition/renovation provisions of NESHAP are broken down into four basic categories.
Demolition/
Renovation
—
• Notification
I
• Work Practices
I
• Waste Handling
• Waste Disposal
Non-compliance with the provisions of the CAA is considered a misdemeanor.
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Toxic Substances Control Act (TSCA)
TSCA
AIS Rule
1982
AHERA
(1986)
Worker
Protection
Rule
(1986)
Asbestos
Ban & Phase-
out Rule
(1989)
• inspect Schools • Notification • Inspect Schools • Manufacture
• Analyze for ACM . Management Plans • Import
• Notification • Response Actions • Processing
Recordkeeping . Training/Accreditation • Distribution
The original TSCA Asbestos in Schools Rule (40 CFR Part 763), proposed in 1979 and
enacted in 1982, set up requirements for inspection of public and private schools (grades
kindergarten through 12) for friable material. These inspections involved sampling and
analyzing such material to determine the presence of asbestos. The TSCA program also
required the schools to provide notification to school workers and parents concerning the
presence of asbestos, to post warning signs if friable ACM was found and to maintain
records accessible to the public regarding the inspections. There were no requirements for
abatement; however, the TSCA program did provide guidance for abatement (i.e., removal,
encapsulation, enclosure or maintenance programs). The requirements of this regulation
were to have been met by June 1983.
Asbestos School Hazard Abatement Act (ASHAA) (40 CFR Part 763)
In 1984, ASHAA was Written to provide a source of special funding for the Asbestos in
Schools program. The act provided a $600 million grant and loan program to assist financially
needy schools with asbestos abatement projects. Since ASHAA funding began in fiscal
1985, a total of over $245 million has been awarded to over 1500 schools.
Additionally, the ASHAA program provided for compilation and distribution of information
concerning asbestos and funded the start-up of training institutions. The original training
institutes funded were Tufts University, Georgia Institute of Technology, and University of
Kansas.
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Worker Protection Rule (WPR) (40 CFR Part 763 Subpart G)
In 1986, EPA published the WPR which extended the provisions of the OSHA asbestos
workplace standards to state and public employees (who were not specifically covered by
OSHA) who conduct asbestos abatement work. The WPR essentially duplicates the
OSHA requirements with an additional notification requirement for emergency projects and
projects involving more than 3 linear feet or 3 square feet of friable asbestos containing
material.
Asbestos Hazard Emergency Response Act (AHERA) (40 CFR Part 763 Subpart E)
In 1986, Congress passed AHERA as a major extension of the original Asbestos in Schools
program. The legislation set up a framework for addressing asbestos hazards which might
exist in schools. AHERA requires that inspections of public and private schools grades
kindergarten through 12 for friable and non-friable asbestos-containing building materials
(ACBM) and determinations of ACBM conditions and hazards be made. Based on the
inspections, the schools are required under AHERA to develop management plans. Under
AHERA, the states must develop accreditation programs and review management plans.
Finally, AHERA mandates that the schools implement their management plans and re-
inspect the schools every 3 years.
Asbestos Ban and Phase-out Rule
In 1989 EPA published an asbestos ban and phase-out rule to prohibit, at staged intervals
(see Table 1-1), the future manufacture, importation, processing, and distribution in
commerce of almost all asbestos-containing products. The rule requires that products
subject to the bans be labeled to promote compliance with and enforcement of the rule. Upon
application, and in very limited circumstances, EPA may allow exemptions from the rule's
bans.
CERCLA
RCRA
• Disposal Site * Reports Releases
Location
Resource Conservation Recovery Act (RCRA)
The disposal of asbestos was originally listed by RCRA in 1976. However, in that same
year asbestos, because it does not migrate in the soil or pose any threat to ground water,
was delisted by RCRA and the authority transferred to NESHAP. Therefore, the current
RCRA regulations pertain only to facility siting and general landfill operations.
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TABLE 1-1. ASBESTOS BAN AND PHASE-OUT RULE
Stage
Regulated ACM
Manufacture, Import
and Processing Ban
Distribution in
Commerce Ban
1
Flooring & roofing felt, pipeline
wrap, A/C flat & corrugated sheet.
VAT, clothing
August 27, 1990
August 25, 1992
2
Beater-add & sheet gaskets, clutch facings,
auto.transmission components, friction
products, drum brake linings (OEM)1 and
disc brake pads (LMVftOEM)
August 25, 1993
August 25, 1994
3
A/C pipe, commercial & corrugated paper,
roof & non-roof coatings, brake blocks,
drum brake linings (AM)3, disc brake pads
(LMVXAM). disc brake pads (HV)4(AM)
August 26, 1996
August 25, 1997
1 Original Equipment Market
2Light- and Medium-weight Vehicle
3Aftermarket
4Heavy-weight Vehicle
Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA)
This act is most commonly referred to as "Superfund." The authority of CERCLA, as clarified
in the Superfund Amendments Reauthorization Act (SARA), regulates asbestos as a
hazardous substance. Reportable quantities have been established to deal with releases or
threats of releases of hazardous substances from vessels and from facilities including trucks
and landfills. The trigger reportable quantity (RQ) for a release or threat or release of
asbestos is one pound. Non-compliance with the provisions of this act may result in
prosecution for a felony offense and the assessment of heavy fines.
GLOSSARY OF TERMS
A new "asbestos abatement" industry has developed over the past two decades in response
to the EPA and OSHA regulations concerning demolition and renovation of buildings
containing asbestos. With this industry come many unique or unusual terms and acronyms,
some derived from the field of medicine, others from equipment names, etc. The following
provides an alphabetical listing of the more common terms encountered.
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Asbestos-Containing Material.
Asbestos-Containing Waste Material
Air sampling which takes place after final cleanup
while the air is being physically agitated with leaf
blowers and fans to produce a "worst case" situation.
Asbestos Hazard Emergency Response Act. Requires
schools to inspect for asbestos, implement response
actions, submit asbestos management plans to states
and re-inspect every three years. Specifies use of
accredited inspectors, air sampling methods, and
waste disposal procedures. 40 CFR 763, Subpart E.
A type of insulation that looks like corrugated paper. It
is usually light to medium gray in color.
A system of enclosures consisting of two polyethylene
curtained doorways at least 3 feet apart that should
permit air movement from clean to contaminated
areas. Air locks are usually part of a decontamination
chamber attached to an abatement area which is under
negative pressure.
The process of measuring the airborne fiber
concentration in a specific quantity of air over a given
amount of time.
Highly specialized mobile cells in the lungs that
attempt to engulf and digest such lung intruders as
dusts or fibers.
Microscopic sacs in the lungs where the exchange of
oxygen and carbon dioxide occurs.
Water to which a chemical wetting agent (surfactant)
has been added to improve penetration into asbestos-
containing materials that are being removed.
Fibrous minerals which, due to their crystalline
structures and chemical composition, can be classified
as a form of asbestos.
A generic name given to a number of naturally
occurring, hydrated mineral silicates that possess a
unique crystalline structure, are incombustible in air,
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Asbestos Abatement
Asbestos Fibers
Asbestos NESHAP
Asbestosis
ASHAA
and are separable into fibers. Asbestos includes the
asbestiform varieties of chrysotile (serpentine),
crocidolite (riebeckite), amosite (cummingtonite-
granerite), anthophyllite, and actinolite.
Procedures to control fiber release from asbestos-
containing materials in buildings. Includes removal,
encapsulation, enclosure or repair of ACM.
Fibers with a length greater than 5 microns and a
minimal length to width ratio of 3:1 generated from an
asbestos-containing material.
The specific portion of Section 112 of the CAA that
addresses asbestos. Specific regulations are
contained in 40 CFR Part 61, Subpart M.
A non-malignant, progressive, irreversible lung
disease caused by the inhalation of asbestos dust and
characterized by diffuse fibrosis and rales.
Asbestos School Hazard Abatement Act. Provides
funding for schools having justifiable need for asbestos
abatement
Atmosphere Supplying
Respirators
Respiratory protection devices which exclude
workplace air altogether and provide clean air from
some independent source, (i.e., SCBA and Type C
SAR).
CAA
Cancer
Clean Air Act. The legislation that provides EPA with
authority for the regulation of sources of air pollution.
A cellular tumor which normally leads to premature
death of its host unless controlled.
Category I Nonfriable ACM
Category n Nonfriable ACM
Asbestos-containing packings, gaskets, resilient floor
covering, and asphalt roofing products, containing more
than 1 percent asbestos as determined using the
method specified in Appendix A, Subpart Ft 40 CFR
Part 763, Section 1, Polarized Light Microscopy.
Any material, excluding Category I nonfriable ACM,
containing more than 1 percent asbestos as determined
using the methods specified in Appendix A, Subpart F,
40 CFR Part 763, Section 1, Polarized Light
Microscopy, that, when dry, cannot be crumbled,
pulverized, or reduced to powder by hand pressure.
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Chrysotile
(white asbestos)
Cilia
Clean Room/Area
Continuous Flow
Airline Device
Decontamination
Enclosure System
Demand Airline
Device
EHSD
EPA
Equipment/Dirty Room
F/CC
FEVi
The only asbestiform mineral of the serpentine
variety which contains approximately 40 percent each
of silica and magnesium oxide. It is the most common
form of asbestos used in buildings.
Tiny, hair-like, mucus-coated structures in the
windpipe and bronchi of the lung passages that help
force undesirable particles up and out of the lungs.
The first stage or room of the decontamination
enclosure system in which workers prepare to enter
the work area.
A respirator that maintains a constant airflow
to the wearer.
A series of connected rooms with polyethylene
curtained doorways for the purpose of preventing
contamination of areas adjacent to the work area.
Usually comprised of a clean room, shower and
equipment (dirty) room.
A respirator in which air enters the facepiece
only when the wearer breathes in.
Environmental Health and Safety Division (formerly
OHSS or Occupational Health and Safety Staff). The
group within EPA that is responsible for developing
health and safety guidance specific to EPA employees.
Environmental Protection Agency. The organization
within the Federal government which is ultimately
responsible for enforcing the asbestos NESHAP in
order to protect people who work or live near potential
asbestos release areas such as buildings undergoing
demolition or renovation.
The last stage or room of the worker decontamination
system before entering the work area.
Fibers per cubic centimeter of air.
The maximum volume of air that can be forced from an
individual's fully inflated lungs in 1 second (Forced
Expiratory Volume -1 second).
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Minimizing the amount of airborne fiber generation
through the application of amended water onto
asbestos-containing material, or enclosure (isolation)
of the material.
A condition of the lungs caused by the inhalation of
excessive amounts of fibrous dust. It is marked by the
presence of scar tissue.
Any material
containing more than 1 percent asbestos as determined
using the method specified in Appendix A, Subpart F,
40 CFR Part 763, Section 1, Polarized Light
Microscopy, that, when dry, can be crumbled,
pulverized, or reduced to powder by hand pressure. If
the asbestos content is less than 10 percent as
determined by a method other than point counting by
PLM, verify the asbestos content by point counting
using PLM.
A respirator which covers the wearer's entire face
from across the forehead, around the temples, along
the cheek bones to below the chin.
Forced Vital Capacity. A measurement taken during a
pulmonary function test which measures the quantity of
air that can be forcibly exhaled from a person's lungs
after full inhalation.
A sealed compartment with attached inner gloves for
the handling of asbestos-containing materials.
Properly installed and used, glove bags provide a small
work area enclosure used typically for small-scale
asbestos stripping operations. Information on glove
bag installation, equipment and supplies, and work
practices is contained in the OSHA final rule on
occupational exposure to asbestos (Appendix G to 29
CFR 1926.58).
A respirator which covers one-half of one's face from
the bridge of the nose across the cheeks to below the
chin.
A form of heat stress resulting in painful spasms of
heavily-used skeletal muscles such as hands, arms,
legs, and abdomen, sometimes accompanied by dilated
pupils and weak pulse resulting from depletion of the
salt content of the body.
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A form of heat stress resulting from dehydration and/or
salt depletion, or lack of blood circulation usually
accompanied by fatigue, nausea, headache, giddiness,
clammy skin, and a pale appearance.
The most severe form of heat stress disorders
resulting from the loss of the body's ability to sweat;
characterized by hot dry skin, dizziness, nausea,
severe headache, confusion, delirium, loss of
consciousness, convulsion, and possibly coma.
High Efficiency Particulate Air filter rated capable of
trapping and retaining 99.97% of all particles larger
than 0.3 microns.
A vacuum system equipped with a HEPA filter.
Evenly mixed and similar in appearance and texture
throughout.
Heating, Ventilation, and Air Conditioning system
usually found in large, buildings and industry facilities.
The mechanical removal of air contaminants
from a point of operation.
An uncontrolled growth of abnormal cells in the lungs
which normally results in the death of the host.
A record of a person's past health record, including all
of the hazardous materials that they have been
exposed to and any injuries or illnesses which might
affect/dictate their future health status.
A relatively rare, incurable form of cancer which
develops in the lining of the pleura or peritoneum.
One-millionth of a meter.
Prefix meaning one-thousandth; commonly used to
describe thickness of polyethylene sheeting (6 mil poly
= 0.006" thick.)
An atmosphere created in a work area enclosure such
that airborne fibers will tend to be drawn through the
filtration system rather than leak out into the
surrounding areas. The air pressure inside the work
area is less than that outside the work area.
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Nonfriable Asbestos-
containing Material
OPTS
Owner/Operator
PAPR
Peritoneum
Personal Protective
Equipment (PPE)
PF
Any material containing more than 1 percent
asbestos as determined using the method specified in
Appendix A, Subpart F, 40 CFR Part 763, Section 1,
Polarized Light Microscopy, that, when dry, cannot be
crumbled, pulverized, or reduced to powder by hand
pressure.
Office of Pesticides and Toxic Substances. The group
within EPA which is responsible for implementing and
carrying out programs to enforce the TSCA regulations.
Any person who owns, leases, operates, controls, or
supervises any building, structure, facility, or
installation which emits or may emit any air pollutant.
Powered Air Purifying Respirator.
The thin membrane that lines the surface of the
abdominal cavity.
Any material or device worn to protect a worker
from exposure to, or contact with, any harmful material
or force. May include a respirator, coveralls, hard hat,
steel toed shoes, safety glasses, etc.
Protection factor as provided by a respirator;
determined by dividing the airborne fiber concentration
outside of the mask by the concentration inside the
mask.
Phase Contrast
Microscopy (PCM)
An optical microscopic technique used for counting
fibers in air samples, but which does not distinguish
asbestos fibers.
Pipe Lagging
Pleura
Polarized Light
Microscopy (PLM)
Polyethylene
The insulation or wrapping around sections of pipes.
The thin membrane surrounding the lungs which also
lines the internal surface of the chest cavity.
An optical microscopic technique used to distinguish
between different types of fibers based on their shapes
and unique optical properties; commonly used to
determine the presence of asbestos in bulk samples of
suspected asbestos- containing materials.
Plastic sheeting which is often used to seal off an area
in which asbestos removal is taking place for the
purpose of preventing contamination of other areas.
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Pre-molded Insulation
Pressure Demand
Airline Devices
Protective Clothing
Pulmonary Function
Tests
Qualitative Fit Test
Quantitative Fit Test
Rales
Regulated asbestos-
containing material (RACM)
Respirator Program
Scanning Electron
Microscopy (SEM)
Insulation found on pipes that is found in half circles. It
is usually held in place by steel bands and/or canvas
wrap.
A respiratory protection device which has a
regulator and valve designed to maintain positive
pressure in the facepiece at all times.
Protective, lightweight garments worn by workers
performing asbestos abatement to keep gross
contamination off the body.
A part of the medical examination required to
determine the health status of a person's lungs.
A method of testing a respirator's face-to-
facepiece seal commonly using a challenge material of
irritant smoke, banana oil or saccharin. Successful
qualitative fit tests confer a protection factor of 10
according to OSHA regulation 29 CFR 1910.134
Appendix C.
A method of testing a respirator's face to facepiece
seal which involves measuring the relative amounts of
a challenge substance both inside and outside the
mask. Quantitative fit testing results in the
establishment of a numerical fit factor.
A dry crackling sound in the lungs during inhalation;
common symptom of asbestosis.
Means (a) friable asbestos material, (b) Category I
nonfriable ACM that has become friable, or (c)
Category II nonfriable ACM that has a high probability
of becoming or has become crumbled, pulverized, or
reduced to powder by die forces expected to act on the
material in the course of demolition or renovation
operations regulated by the asbestos NESHAP.
A written program established by an employer which
provides for the safe use of respirators on the job site.
A method of microscopic analysis which utilizes an
electron beam directed at the sample and then collects
the beams that are reflected to produce an image from
which fibers can be identified and counted.
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SCBA
Self Contained Breathing Apparatus. A respirator with
air provided by a tank worn by the user, provides the
highest level of protection. Can be used when a
contaminant's concentration is unknown.
SSCD
Surfactant
TLV
Stationary Source Compliance Division. The group
within EPA that is responsible for implementing and
carrying out a program to assure that the regulated
community complies with the asbestos NESHAP.
A chemical wetting agent added to water to improve
its penetration into asbestos-containing materials.
Threshold Limit Value. Levels of contaminants
established by the American Conference of
Governmental Industrial Hygienists to which it is
believed that workers can be exposed with minimal
adverse health effects.
Transmission Electron
Microscopy (TEM)
A method of microscopic analysis which utilizes an
electron beam that is focused onto a thin sample. As
the beam penetrates (transmits) through the sample,
the difference in densities produces an image on a
fluorescent screen from which samples can be
identified and counted.
TSCA
Tumor
TWA
Type C Supplied
Air Respirator
Visible Emissions
Wetting Agents
Toxic Substances Control Act. Asbestos is regulated
as a toxic substance under this legislation.
A swelling or growth of cells and tissue in the body
which does not serve a useful purpose.
Time-Weighted Average.
A respirator which supplies air to the wearer from an
outside source such as a compressor, designed to
provide a very high level of protection.
Any emissions (excluding condensed uncombined
water vapor) visually detectable without the aid of
instruments, coming from asbestos-containing material
or asbestos-containing waste material or from any
asbestos milling, manufacturing or fabricating operation.
Materials (such as surfactants) that are added to
water which is used for wetting the asbestos-
containing material in order for the water to penetrate
more effectively.
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WPR - Worker Protection Rule. TSCA regulation which
protects public employees performing asbestos
abatement work in states not covered by asbestos
standards. 40 CFR 763, Subpart G.
260/160/35 - 260 linear feet (80 linear meters) of ACM on pipes,
160 square feet (15 square meters) of ACM on other
facility components, or 35 cubic feet of ACM off facility
components where the amount of ACM previously on
pipes and other facility components is unknown. These
figures form the basis of applicability in the asbestos
NESHAP standard.
ASBESTOS HISTORY
The term asbestos is from a Greek word meaning inextinguishable or indestructible. Ancient
people, seeing veins of this fibrous material in rocks, discovered that they could weave the
fibers into a tough fabric which would not bum. Because of this, asbestos is often referred to
as the "miracle fiber."
There is evidence that asbestos was used to make fireproof cloth as far back as the ancient
Greeks. It has been reported that in 1725 Benjamin Franklin traveled to London and
impressed his host by giving him a purse made of asbestos, whose properties he
demonstrated by tossing it into a fireplace.
The properties of asbestos were not generally known, nor asbestos commercially available
until the 1800s. Hie Industrial Revolution and a change from a culture using organic
substances (wood, bone, hide, hemp, etc.) to a culture with large-scale use of extracted
¦ metals and ores provided a need for asbestos use in industry.
The principle mining regions of asbestos in the world are Canada and South Africa. Within
the United States there are active mines in Vermont and California. There have been
incidents where EPA has responded to asbestos releases from exposed asbestos rocks. In
Globe, Arizona, the tailings from an abandoned mine caused increased airborne asbestos
fibers. This site is now being handled by EPA's Superfund program. In San Jose, California,
the excavation activities involved in expanding the city's suburban area resulted in
unearthing an asbestos rock vein. EPA is currently investigating the degree of increased
airborne asbestos fiber concentrations caused by the weathering of exposed asbestos rocks
used as fill for roads and other construction projects.
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GEOLOGICAL TERMS
Serpentine
Amphibole
Group
Group
Serpentine (Chrysotlle)
• Cummlngtonlte • Grunerlte (Amoslte)
• Riebecklte (Crocldollte)
• Anthophylllte
• Actlnollte - Tremollte
Asbestos minerals are divided into two major classes-the serpentine and the amphibole
groups. The serpentine group is characterized by a lattice structure. It contains chrysotile,
which is a white asbestos composed of fine, silky fibers. Amosite, crocidolite, tremolite,
anthophyllite and actinolite are chained silicates and comprise the amphibole group.
Table 1-2 provides the chemical structure for each type of asbestos along with a brief listing
of key characteristics.
TABLE 1-2. THE ASBESTOS MINERALS
Group
Name
Chemical structure
Characteristics
Serpentine Chrysotile
Amphiboles
Amosite
Crocidolite
Anthrophyllite
Tremollte
Actinolite
3Mg0*2Si02H20
White asbestos; fine, silky, wavy
fibers; flexible and high tensile
strength.
(FeMg)SK>3 Brown asbestos; straight, rigid fibers.
Mg2Fe(Si0a)2*FeSi03*H20 Blue asbestos; straight, rigid fibers
(MgFe)7Si«022*(OH)2 Brittle white fiber. Rarely used.
Ca2MgsSis022(OH)2 Colorless to pale green; rarely used.
Ca03(MgFe)0*4Si02 Colorless to pale green; rarely used.
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FIBER SIZES
Under a microscope asbestos may appear as a string of fibers or a dense mass of fibers
called bundles. Typical asbestos fibers are in the 0.1 to 10 micron range which individually
would not be visible to the unaided human eye. Due to the small, light-weight nature of
asbestos fibers, it is estimated that when re-entrained in the air, fibers may remain
suspended for 1 to 3 days.
Figure 1-1 illustrates a comparison of asbestos fibers with other more recognizable
materials.
HUMAN HAIW
MCTf ftl«
ASBESTOS
0.0< O.l I 10 too tooo
Size NANCE , MitrwMiwt (p«0
Figure 1-1. Size comparisons.
Note that the visible threshold for the human eye (approximately 50 microns) is about the
diameter of a human hair.
COMMERCIAL PRODUCTS
Asbestos has been used primarily for fireproofing, thermal and acoustical insulation,
condensation control and decoration. There have been an estimated 3,600 commercial
products containing asbestos. Between 1900 and 1980, approximately 30 million tons of
asbestos were used in building materials. However, the most prevalent use of asbestos in
commercial products spanned from the 1940s to the 1970s.
The use of asbestos products has declined over the past two decades as EPA and the
Consumer Product Safety Commission (CPSC) have banned the use of some products
(insulation, fireproofing, lagging, etc.). There has also been voluntary banning of the use of
asbestos for items such as hair dryers. However, asbestos products are still widely used.
Table 1-3 provides a summary of asbestos content in several commercial product
categories.
The main point of the illustration is that commercial products are not made up of 100 percent
asbestos. All commercial products have a mix of asbestos with binders. For example,
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asbestos cement sheets are generally 20 percent asbestos and 80 percent Portland
cement. It is important to recognize that EPA considers a material to contain asbestos only
if asbestos constitutes greater than 1 percent of the material by weight.
TABLE 1-3. SUMMARY OF ASBESTOS- CONTAINING PRODUCTS
Average
Product Percent
Asbestos
Insulating and Decorative Products
Spray Coating 50
Troweled Coating 70
Preformed Pipe Wrap 50
Boiler Insultation 10
Cement Pipe and Sheet 20
Paper Products
Roofing Felt 10
Gaskets 80
Plastic Products
Floor Tile 20
Coatings and Sealants 10
Rigid Plastics 50
Friction Products 50
Textile Products 80
Relative to demolition/renovation, two types of asbestos containing materials most
commonly found are:
Surfacing materials used for:
• condensation control,
• acoustical insulation,
• decoration,
• fireproofmg, and
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Thermal insulation found on:
• pipes,
boilers, and
• ducts.
Section 4 "Identifying Asbestos-Containing Materials" provides additional information on
commercial asbestos products.
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SECTION 2
NATIONAL REGULATORY STRATEGY/INSPECTOR GENERAL
AUDIT
EPA first promulgated the asbestos NESHAP in 1973. In 1978, the U.S. Supreme Court
ruled that many of the work practices and equipment provisions of the standard were not
enforceable under the CAA (Adamo Wrecking Company v. United States). Subsequent
revisions were made to the CAA regarding authority for work practice provisions. On April
5,1984, EPA repromulgated the asbestos standard which reinstated all of the work practice
standards.
On April 6,1984, the first National Strategy for asbestos appeared. The objectives of this
strategy were to: 1) provide uniform enforcement of the asbestos NESHAP, and 2) show
the state and local delegated agencies that EPA was serious about inspection pursuant to
and enforcement of the asbestos NESHAP.
From October 1, 1985 through November 17,1987, the Inspector General (IG) Office
conducted an audit of EPA's administration of the asbestos NESHAP. The audit included
EPA regional, state and local programs.
The audit had six principle objectives:
1. To determine whether regional EPA offices, state and local agencies gave sufficient
priority to implementing.an effective asbestos NESHAP program;
2. To determine whether inspections of demo/reno sites were conducted properly;
3. To evaluate inspection strategies;
4. To determine if enforcement actions were appropriate (would they deter future
violations?);
5. To determine whether proper safety equipment was used and if inspectors were
adequately trained prior to field activities; and
6. To determine the accuracy of SPMS (Strategic Planning and Management System)
data for demo/reno sites.
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The IG audit revealed many weaknesses in the administration of the asbestos NESHAP
program. In response, the EPA revised its April 6, 1984 National Strategy.
The following summarizes the most current EPA Asbestos Demolition and Renovation
Enforcement Strategy issued by Headquarters to regional agencies. The complete strategy
document is available from the EPA regional offices.
OBJECTIVES
• To provide effective and uniform enforcement of the Asbestos NESHAP
standard by regions and the delegated states.
• To provide emphasis and assurance to regions and states that EPA is
committed to a strong, high priority enforcement posture.
BACKGROUND
• A historical review of the EPA Compliance Data System revealed that the
number of demolition/renovation sources was greater than the number of
sources in all other regulated categories combined, and compliance status for
demolition/renovation sources was much worse.
• The 1984 repromulgation of the entire asbestos NESHAP standard has
ensured that all work practice requirements for demolition/renovation
operations are now enforceable.
STRATEGY
• Publicize the asbestos NESHAP requirements by the following mechanisms:
national and' local press releases;
letters to contractors advising them of the regulations;
letters to potentially-affected sources advising them of the regulations;
and
speaking engagements with trade and industry organizations, and journal
articles, presenting the status of regulations and recommendations.
These policies will be facilitated by a clear line of communication from regions to states, to
disseminate information from headquarters.
• Establish contractor certification or training programs for asbestos abatement
contractors. The training may be patterned after the AHERA accreditation
requirements.
• Train regional and state inspectors using EPA's Regional Workshop to
perform inspections of asbestos demolition and renovation sources.
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• Establish standard operating procedures for conducting demo/reno
inspections. Inspectors should: bring copies of the NESHAP asbestos
standard; assess compliance to the extent possible prior to making your
presence known; present credentials and a calling card for future reference by
owner/operator, identify all possible owners/operators and their relationship to
each other; use a standard checklist; ask owner/operator to describe their
understanding of the regulations; carry only essential items into contaminated
area; take samples at demo/reno sites and fill out chain-of- custody forms; use
a waterproof camera for photographs; conduct a wrap-up meeting with
owner/operator to discuss inspection findings (do not make compliance
determinations); reference inspection findings to specific requirements in the
asbestos NESHAP; always wear appropriate safety gear.
• Inspect demolition and renovation sources to determine compliance, including
locating and inspecting non-notifiers. An inspection plan may include all
sources, all contractors, or any other program to meet the Agency goal of
100 percent compliance. Grant agreements currently negotiated with states
should specify that inspections of demolition and renovation sources are
required.
• Analyze bulk samples for asbestos using laboratories to be identified by EPA,
with future provisions for laboratories with a rapid turnaround time in case of
an emergency.
• Some states have remarked that maintaining their established inspection
levels is difficult because of the many changing demands being placed on the
program. The regions may agree to have states incorporate contractor
certification, an asbestos waste manifest tracking system or notification fees
as a supplement to the state enforcement program.
• Enforce NESHAP provisions by legal mechanisms summarized below. In
cases where enforcement authority is delegated to states, Regions are
responsible for evaluating the adequacy of state action and initiating
appropriate Federal enforcement action consistent with T&A (Timely and
Appropriate) guidance.
Informal action:
A "Finding of Violation" may be issued to the source, and/or the source may
be invited to a "show cause" conference to determine whether immediate
compliance can be achieved without formal enforcement proceedings. These
actions may be appropriate if a source has properly notified EPA and is making
a good faith effort to comply, but is failing in some respects.
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Administrative action:
1. A Section 113(a)(3) order can require immediate compliance and, if violated, sets the
stage for liability to penalties under Section 113(b) judicial action. This order may be
appropriate if a source indicates that an initial, insubstantial violation will not be
repeated.
2. A Section 303 administrative order can require immediate compliance and, if
violated, sets the stage for liability to penalties under a Section 303 civil action. This
order must be based on a finding of "imminent and substantial endangerment" to the
public health, and EPA must confer with state and local authorities (even if the state
has no delegated authority) to confirm the basis for this order. A Section 303 order
may be appropriate in instances where a violation is in question and a broader
authority is needed to abate a health hazard.
Judicial action:
1. A Section 113(b) civil action can require immediate compliance while allowing EPA to
seek civil penalties of up to $25,000 per day of violation. This action would be
appropriate in most cases where immediate judicial relief is sought for substantial
violations of the asbestos NESHAP standard.
2. A Section 113(c) criminal action can result in liability to imprisonment of up to one
year and/or penalties of up to $25,000 per day of violation. This action would be
appropriate if EPA has evidence that a person knowingly violated the asbestos
NESHAP.
Judicial action under Sections 113(b) or (c) may also be appropriate if a source has
completed or nearly completed its activities by the time EPA is ready to take
enforcement action. In this case, judicial action may be an effective deterrent to future
violations.
3. A Section 303 civil action can require immediate compliance based on a finding of
"imminent and substantial endangerment" to the public health. As mentioned above,
EPA must confirm the basis for endangerment with state and local authorities.
Penalties may not be sought under this action unless the agency has previously
issued a Section 303 administrative order which the source has violated, in which
case the source is liable to penalties of up to $5,000 per day of violation.
(EPA's strategy document offers additional enforcement guidance, including
procedures to implement legal action and to assess civil penalties.)
• Follow the Asbestos Demolition/Renovation Penalty Policy.
• Accountability of regions and states will be augmented by quarterly reporting
of performance indicators: total number of notifications, total number of
inspections, total number of violations, and violation status.
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Track and audit compliance programs. Audit procedures should include joint
region-state inspections and semiannual reviews of State inspection reports.
Compliance tracking by regions or states should include information on the
number of notifications received, number of projects inspected, number of
violations, number of notification violations, and the manner of resolution of the
violations. Guidelines for using CDS (Compliance Data System) as a tracking
mechanism are contained in EPA's strategy document.
Coordinate the NESHAP program with EPA's TSCA program (Asbestos In
Schools), and the OSHA program for worker exposure. Coordination of
notifications is deemed most practical, but regions are free to institute any
joint efforts which result in effective NESHAP enforcement.
The National Asbestos Registry System (NARS) has been established.
NARS is a national data base to which delegated agencies must report
concerning the compliance history of asbestos contractors. Using information
contained in NARS, agencies can determine which contractor's worksites
should be targeted for inspection per the National Strategy.
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SECTION 3
HEALTH EFFECTS OF EXPOSURE TO ASBESTOS
The fact that asbestos is a hazard to man's health was recognized quite early. In the first
century AD both Romans and Greeks wrote of a sickness of the lungs in slaves whose
occupation was the weaving of asbestos into cloth. However, the association of asbestos
with chronic respiratory disease had to be rediscovered in the modern era.
In the late 1920s, Dr. E.R. Merriweather, a London physician, his interest piqued by a series
of case reports, conducted an epidemiological study of 363 asbestos textile workers. He
stated in his 1930 published report that 26 percent of the workers examined showed signs of
asbestosis, a scarring of the lungs; this report firmly linked asbestos exposure with lung
disease.
In 1949, Dr. Kenneth Smith, Medical Director of Johns-Manville, published a report
describing an excess of cancer of the lung and pleura among individuals dying from
asbestosis.
In South Africa, in the 1960s, numerous crocidolite miners were reportedly dying of a form of
tuberculosis unresponsive to traditional antibiotic therapy. Dr. Chris Wagner discovered
that many of these cases of "TB" were actually mesothelioma, a rare and fatal cancer of the
tissue (mesothelium) that covers the internal organs and lines the chest and abdominal
cavities.
It is now clear that among asbestos workers, there is, in addition to the risk of asbestosis, a
greatly increased risk of death from lung cancer and from pleural (chest) and peritoneal
(abdominal) mesothelioma, malignancies that are seldom found in the general population.
Moreover, asbestos has been linked with gastrointestinal cancer.
Through the course of normal human activities there are three principle exposure routes for
asbestos fibers: (1) inhalation; (2) ingestion; and (3) skin contact The following provides
information regarding the potential hazards of each route of entry.
HEALTH EFFECTS ASSOCIATED WITH INHALATION
As previously mentioned, epidemiologic investigations have demonstrated that inhalation of
asbestos fibers may lead to increased risk of developing one or more diseases. It is
important to recognize that the-majority of people who have developed asbestos-related
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diseases were asbestos workers who were frequently exposed to high concentrations of
asbestos fibers every working day with little or no respirator)' protection to minimize their
risk.
In this section, the respiratory system will be described and each of the major diseases
associated with asbestos exposure will be examined. The risks of developing such diseases
and ways to minimize the risks will be noted.
The Respiratory System
The respiratory system is divided into two segments: the upper and lower air passages.
The upper air passage extends from the nose to the larynx, while the lower air passage
extends from the larynx to the terminal bronchioles of the bronchial tube system. Once air
has passed through the upper air passages, it moves into the region of the lower air
passages via the trachea (windpipe) which traverses the neck. The trachea and its branches
are lined with small, hair-like, mucous-coated structures called cilia. The trachea enters the
thorax where it divides into two branches called bronchi. These bronchi lead to the left and
right lungs as illustrated in Figure 3-1.
N«sa i cavity
Mouth cavny
^twryn*
Larynx
Figure 3-1. The respiratory system.
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Each bronchus subdivides into many smaller bronchial tubes which, in turn, divide to become
even finer bronchioles. The bronchioles end in microscopic air sacs made up of clusters of
even tinier sacs called alveoli, which constitute most of the lung tissue. There are
approximately 300,000,000 alveoli whose combined surface area is about 70 m2.
The alveolar walls contain numerous capillaries, the body's tiniest blood vessels. In the
lung, the exchange of carbon dioxide for oxygen takes place across the thin membranes of the
alveoli and capillaries.
During inhalation, the larger particles in the air stream entering the nose are filtered out by
the nasal hairs or trapped by the secretions of mucous membranes in the sinus cavities. A
second level of defense is the triggering of the cough mechanism which forces particles out of
the trachea into the throat area where they can be swallowed. A third level of physiologic
defense occurs in the lining of the trachea and bronchial tubes. There, mucus-coated, hair-
like structures known as cilia beat upward in a wave-like motion. This motion, known as the
muco-ciliary escalator, is responsible for moving contaminants from the air passageways
upward toward the mouth where they are swallowed into the stomach.
The final line of defense rests within the alveoli. There, alveolar macrophages, mobile white
blood cells using strong acids and enzymes, engulf and digest foreign bodies.
During inhalation, the rib muscles and diaphragm contract, lifting the rib cage and lowering
the diaphragm. This contraction enlarges the chest cavity, allowing the lungs to fill with air.
During exhalation, the rib muscles and diaphragm relax, lowering the rib cage and raising the
diaphragm. The decreased volume of the chest cavity forces the air out of the lungs.
Routes of Inhalation Exposure
It is important to recognize that there are asbestos fibers in all the air we breathe. Since the
majority of asbestos-related health problems involves the lung and lung region, inhalation of
asbestos fibers is undoubtedly a situation that must be minimized. Individuals may control
their exposure to asbestos fibers by properly using respirators and minimizing the time spent
in areas of high asbestos fiber concentrations. The various types of inhalation exposure
pathways are listed below:
Occupational Exposure—This pathway includes:
Direct occupational exposure, resulting from working in asbestos mines, mills, landfills, man-
ufacturing or fabricating plants and asbestos abatement sites (Table 3-1).
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TABLE 3-1. ASBESTOS ABATEMENT FIBER LEVELS
Work area
air samples
Geometeric mean (f/cc)
(50th percentile)
Range of mean fiber
concentrations among,
abatement projects (f/cc)
All work areas
Wet removal only
Dry removal only
0.74
0.48
11.9
less than 0.1 -30.0
less than 0.1 -12.0
3.7 - 30.0
Reference: 'Air Sampling at 52 Asbestos Abatement Projects" (William M. Ewing)
referred to in "Draft Swnarios and Respiratory Protection Recommendations for EPA Inspectors (OHSS Memorandum, Jan.
30,1987).
Para-occupational Exposure—This pathway includes:
Family members exposed to asbestos fibers brought home by workers on their contaminated
work clothes and contact with asbestos fibers from deteriorating or disturbed friable
asbestos building materials. Such contact can occur in schools, public meeting rooms, offices,
airport terminals, gymnasiums, cafeterias, libraries and many other locations (Table 3-2).
TABLE 3-2. AMBIENT ASBESTOS FIBER LEVELS
Area Median asbestos fiber concentration
Rooms with asbestos surfaces 0.0006 f/cc
Rooms without asbestos surfaces 0.00054 f/cc
Outside air 0.00002 • 0.00075 f/oc
Personal daily exposure 0.0004 f/cc
Referenoe: Asbestiform Fibers Non-occupational Health Risk. National Research Council. National Academy Press,
Washington, D.C. 1984.
Neighborhood Exposure
Neighborhood exposure refers to the exposure of people living or working near asbestos
mines, manufacturing or fabrication plants, demolition or renovation of buildings containing
asbestos, asbestos landfills or living or working near a site where equipment or machinery is
sprayed with an asbestos-containing fireproofing or insulating material.
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Ambient Background Exposure
Asbestos exposure by this pathway is a result of the release of fibers from the weathering of
exposed asbestos-bearing rocks and the release of fibers from the use or weathering of such
products as brake linings or exterior construction products that contain asbestos, such as
shingles or cladding (see Table 3-2).
On average, an adult male breathes approximately 20 cubic meters of air per day. Since
airborne asbestos concentrations are expressed in fibers/cubic centimeter of air, it can be
seen that for a typical ambient concentration of asbestos of 0.0004 f/cc (or 400 f/m3), the daily
exposure through inhalation would be approximately 8000 fibers/day.
Because the medical community has been unable to establish a "safe level" of asbestos
exposure, the regulatory community has been forced to rule that asbestos release be kept "to
the minimal extent economically feasible."
Diseases Associated with Asbestos Inhalation
Several diseases and conditions have been linked to asbestos fiber inhalation. These include
asbestosis, lung cancer, mesothelioma, gastrointestinal cancers, and other abnormalities.
Asbestosis
Asbestosis is a disease characterized by fibrotic scarring of the lung. It reduces lung
capacity and one's ability to resist respiratory infections. Common symptoms include
shortness of breath, rales (a dry, crackling sound in the lungs during inhalation) and clubbing
of fingers. Extreme cases of asbestosis will be fatal, usually due to cardiac arrest.
Asbestosis is prevalent among workers who have been exposed to large doses of asbestos
fibers over a long period of time. Accordingly, there is a clear dose-response relationship
between asbestos exposure and the development of this disease; the greater the asbestos
exposure, the more likely asbestosis will develop. Like all asbestos-related diseases, it
may take many years for asbestosis to develop. The typical latency period for this disease is
15 to 30 years. There are an estimated 4,000 deaths/year associated with asbestosis; nearly
all of these deaths occur in individuals who smoke and also suffer from emphysema.
An asbestos inspector using appropriate safety precautions as described in this workshop
will have a very small likelihood of developing asbestosis as a result of his/her work.
Lung Cancer
Asbestos exposure is just one of the many of the causes of lung cancer. While employees
exposed to industrial concentrations of asbestos in years past have had an increased risk of
developing lung cancer (5X), their risk is not as great as the cigarette smoker with no
asbestos exposure (10X). However, there is a synergistic effect when these two factors co-
exist OSHA data indicate that a cigarette smoker who also works unprotected with
asbestos is more than 50 times more likely to contract lung cancer than the normal
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population. An individual's decision not to smoke is an important defense mechanism. Like
asbestosis, there exists a long latency period between initial exposure and the occurrence of
lung cancer, typically 20 to 30 years. Symptoms include a cough or a change in cough habit
and/or a persistent chest pain.
There appears to be a dose-response relationship between asbestos exposure and lung
cancer, although no minimal "safe level" of exposure has yet been determined. There are an
estimated 2,000 lung cancer deaths/year attributable to asbestos exposure. Again, these
figures relate to past industrial situations where workers wore little or no protective
equipment.
Proper use of safety equipment will substantially lessen the risk of lung cancer for individuals
inspecting or working in asbestos abatement situations.
Mesothelioma
Mesothelioma is a cancer of the mesothelium, a thin tissue layer which contains and protects
the internal organs of the body. If it occurs in the chest cavity, it is called pleural
mesothelioma. Symptoms of this form of mesothelioma include shortness of breath, chest
pain and fluid in the chest cavity. Mesothelioma in the abdominal cavity, known as
peritoneal mesothelioma, is characterized by abdominal pain and swelling. Both types of
cancer spread rapidly and are always fatal, usually within a year of diagnosis. Like the other
asbestos-related diseases, the latency period for mesothelioma is 30 to 40 years after initial
exposure. According to the National Cancer Institute Mesothelioma Research Report (NIH
Publication No. 87-1847), there are an estimated 1,000 -1,500 mesothelioma deaths/year.
Mesothelioma is the asbestos-associated disease of greatest concern, for it is not
associated with cumulative exposure. Although exposure to asbestos has been tied to most
cases of mesothelioma, recent data suggest that some cases may occur without such
contact. There does not appear to be any increased risk of mesothelioma for smokers, nor
does there appear to be a dose-response relationship between asbestos exposure and
mesothelioma. Cases have been recorded where the person's asbestos exposure has been
quite limited.
Other Diseases
Several other diseases are found more often among persons exposed to asbestos than the
normal population. These include cancer of the esophagus, stomach, colon and pancreas.
The incidence of these health effects is much less than lung cancer. The medical community
is uncertain as to whether these other diseases stem from migration of asbestos fibers from
the lungs or from ingestion.
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Other Abnormalities
Pleural plaques, pleural thickening and pleural effusions have been seen in individuals who
have been exposed to asbestos. Plaques are diffuse areas of scar tissue that form on the
mesothelium of the chest cavity. Pleural thickening is a more pronounced scarring and
pleural effusions are accumulations of fluid between the two mesothelial layers.
Some medical professionals regard these lung abnormalities as early signs of more serious
asbestos-related diseases; others believe they do not invariably lead to more severe
illness. In any event, the mere detection of them should trigger close medical surveillance.
HEALTH EFFECTS ASSOCIATED WITH INGESTION
The issue of potential health hazards associated with ingestion of asbestos fibers has been
examined very closely by EPA's Office of Drinking Water (ODW). ODW has reviewed a
multitude of epidemiological studies of humans and laboratory animals. In 1984, EPA's
Science Advisory Board (SAB) provided the following statement to the ODW:
Given the positive signal seen in some epidemiologic studies, plus well-
documented evidence for the association between asbestos fiber inhalation
and lung cancer, it is hard for the Committee to feel comfortable in
dismissing the possibility of an increased risk of gastrointestinal cancer in
humans exposed to asbestos fibers from drinking water. However, the
Committee concensus is that current peer-reviewed evidence for humans
and animals does not support the view that asbestos ingested in water
. causes organ-specific cancers.
More recent studies by the National Toxicology Program (NTP) involved analysis of the
carcinogenic potential of the ingestion of asbestos in rats. They reported that "there was
some evidence of carcinogenicity" in rats given an equivalent lifetime diet of chrysotile
asbestos. The studies incorporated estimated quantities of asbestos fibers directly ingested
in drinking water and those ingested via the muco-ciliary escalator.
Despite the uncertainty of the research conclusions, the ODW has moved forward to propose
an asbestos fiber limit in drinking water. The proposed regulation (40 CFR Part 141
published November 13,1985) provides a limit of 7 million fibers greater than 10 microns in
length per liter of water.
HEALTH EFFECTS ASSOCIATED WITH SKIN CONTACT
Although repeated contact with asbestos has been known to cause wans, the dermal route
of asbestos fiber entry to the body is not considered a major health issue. However, since
ACM contains a variety of substances which may cause skin irritation and rashes, it is
always wise to wear protective clothing when working with asbestos materials.
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THEORIES ON HAZARD RELATIONSHIPS
Asbestos Fiber Type
In Europe and within some US medical sectors, there is a strong belief that the amphiboles
(crocidolite, amosite, tremolite, etc.) are more harmful than the serpentine form of asbestos
(chrysotile). Amphibole fibers, which are very thin and needle-like, are thought to enter the
lung more easily and in greater quantity than chrysotile fibers, which are thicker and bent and
coiled. However, since the medical community cannot come to a consensus regarding the
relative risks of amphibole vs serpentine exposure, the EPA and OSHA continue to regard
both forms as equally harmful.
Asbestos Fiber Size
When disturbed, all forms of asbestos shear longitudinally into ever finer fibers. Persons
exposed to highly processed asbestos have shown some evidence of increased risk of
developing asbestos-related diseases. Additionally, exposure to long, thin fibers appears to
generate a greater cancer risk than exposure to short, thick fibers.
The EPA and OSHA do not attempt to regulate any particular size of asbestos fiber. In fact,
it should be noted that the PCM analytical method for counting air fiber concentrations
considers only those particles greater than 5 microns in length which have a minimum length
to width (aspect) ratio of 3:1.
Age at Exposure
The younger the age at which an individual is first exposed to asbestos, the greater the risk
of developing an asbestos-related disease. This is not to imply that young children are more
sensitive to the effects of asbestos than adults, for they are not They simply have more of a
life span left, so due to the long latency periods typical of asbestos-related diseases, they
have a greater chance of developing such illnesses during their lifetime.
Individual Susceptibility
Another factor to consider in looking at the risks from asbestos exposure involves one's
body's reaction to asbestos fibers. Why some people, after working with asbestos material
for many years at high exposure levels, acquire an asbestos-related disease while other
members of the same group develop a different asbestos disease or none at all is a question
our present scientific/medical community cannot answer.
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SECTION 4
IDENTIFYING ASBESTOS CONTAINING MATERIALS
In order to properly conduct NESHAP asbestos inspections, inspectors must be
knowledgeable of the various commercial uses and applications of asbestos products and
which of these are regulated under the asbestos NESHAP. Recognizing the various
appearances, compositions, uses, and application techniques can assist the inspector in
deciding if a violation has or has not occurred. The remainder of this section provides
information that should assist inspectors in recognizing ACM, both in the intact and
disturbed state.
IMPORTANT DEFINITIONS
Asbestos-containing Material (ACM)—friable asbestos material, Category I nonfriable
ACM that is in poor condition, or Category II nonfriable ACM that has a high probability of
becoming crumbled, pulverized, or reduced to powder by the forces expected to act on the
material in the course of demolition or renovation operations regulated by this subpart.
Asbestos'containing Waste Materials (ACWM)—any waste that contains commercial
asbestos and is generated by a source subject to the provisions of this subpart. This term
includes filters that control devices,.friable asbestos waste material, and bags or other
similar packaging contaminated with commercial asbestos. As applied to demolition and
renovation operations, this term also includes friable asbestos waste and Category II
nonfriable ACM waste that becomes crumbled, pulverized, or reduced to powder by forces
that acted on the material during the course of demolition and renovation operations
regulated by this subpart, and materials contaminated with ACM including disposable
equipment and clothing.
Category I Nonfriable ACM—asbestos-containing packings, gaskets, resilient floor
covering, and asphalt roofing products, containing more than 1 percent asbestos as
determined using polarized light microscopy according to the method specified in
Appendix A, Subpart F, 40 CFR Part 763.
Category II Nonfriable ACM—any material, excluding Category I nonfriable ACM,
containing more than 1 percent asbestos as determined using polarized light microscopy
according to the method specified in Appendix A, Subpart F, 40 CFR part 763 that, when dry,
cannot be crumbled, pulverized, or reduced to powder by hand pressure.
Friable Asbestos Materials—any material containing more than 1 percent asbestos as
determined by the method specified in Section I, Polarized Light Microscopy (PLM) of
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Appendix A, Subpart F, 40 CFR Part 763 that, when dry, can be crumbled, pulverized, or
reduced to powder by hand pressure. If the asbestos is less than 10 percent as determined
by a method other than point counting by PLM, verify the asbestos content by point counting
using PLM.
In Poor Condition—Means that the binding of the material is losing its integrity as indicated
by peeling, cracking, or crumbling of the material.
ASBESTOS USES AND CHARACTERISTICS
Table 4-1 lists the types of application and associated trade names of asbestos products.
Asbestos cement products (flat sheets or sidings, tiles, corrugated roofing sheets, rainwater
pipers, gutters, and pressure piping) constitute approximately 66 percent of the total. These
products generally contain 10 to 15 percent asbestos, which functions as a fibrous
reinforcement in the cement. A list of specific uses of asbestos and associated binders in
building materials along with the average percent asbestos appears in Table 4-2.
TABLE4-1. TRADENAMES
Type of application
Trade names
Sprayed-on
Asbestos - Spray
Monokote - MK III
Cafco - Soundshield
Audi - Cote
Cafco - Type I
Limpet
Sabinite
Spraydon
Cafco - Type D
Spraycraft
Kilnoise Plaster
Cafco -Blaze Shield
Cafco - Heat Shield
Pipe and
Boiler Wrap
Johns-Manville (JM) and
Hewells 85%
JM Suprex Blocks
JM Marinite
JM Asbestos Sponge
JM Thermobestos Blocks
JM Newtherm
Atlas 650, 660, 250,280,
18 Cold Water Paste
Atlas Aircell and Finecell
"Newalls" Newtembelt
Magnesia Blocks, Pipe Coverings, and
Cement
JM and Atlas Sponge Felt Pipe Covering
JM Thermo-Wrap and Thermo Tape
JM 302 and 352 Insulating Cements
JM Asbestocell
JM Fibrofill
Atlasite, Caposite
JM and Atlas Rope Lagging
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TABLE 4-2. SUMMARY OF ASBESTOS-CONTAINING PRODUCTS
Subdivision
Generic name
Asbestos (%) Dates of use
Binder/smnq
Surfacing malarial
Preformed thermal
insulating products
Textiles
Cementitious
concrete-like products
Paper products
Roofing felts
sprayed- or
troweled-on
bans, blocks, and
pipe covering
05% magnesia
calcium silicate
cloth
blankets (lire)
felts:
blue stripe
red stripe
green stripe
sheets
cord/rope/yarn
tubing
tape/strip
curtains
(theatre, welding)
extrusion panels
corrugated
flat
flexible
flexible perforated
laminated
(outer surface)
roof tiles
clapboard and shingles:
clapboard
siding shingles
roofing shingles
pipe
corrugated
high temperature
moderate temperature
indented
millboard
smooth surface
mineral surface
shingles
pipeline
1-96 1936-1970
15
sodium silicate,
Portland cement,
organic binders.
1926-1949
6-8
1949-1971
calcium silicate
100
1910-present
none
90-95
1920-present
cotton/wool
80
1920-present
cotton
90
1920-present
cotton
95
1920-present
cotton
50-95
1920-present
cotton/wool
80-100
1920-present
cotton/wool
80-85
1920-present
cotton/wool
90
1920-present
cotton/wool
60-65
1945-present
cotton
8
1966-1977
pontend cement
20-45
1930-present
Portland cement
40-50
1930-present
Portland cement
30-60
1930-present
Portland cement
30-50
1930-present
Portland cement
35-50
1930-present
Portland cement
20-30
1930-present
Portland cement
12-15
1944-194S
Portland cement
12-14
unknown-present
Portland cement
20-32
unknown-present
Portland cement
20-1S
1935-presem
ponland cement
90
1935-present
sodium silicate
35-70
1910-present
starch
98
1935-present
cotton and organic binder
80-85
1925-present
starch, lime, clay
10-16
1910-present
asphalt
10-15
1910-present
asphalt
1
1971-1974
asphalt
10
1920-present
asphalt
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TABLE 4-2 (Continued)
Subdivision
Generic name
Asbestos (%)
Dates of use
Binder/sizing
Asbestos-containing
caulking putties
30
1930-present
linseed oil
compounds
adhesive (cold applied)
5-25
1945-present
asphalt
joint compound
1945-1975
asphalt
roofing asphalt
5
unknown-present
asphalt
mastics
5-25
1920-present
asphalt
asphalt tile cement
13-25
1959-present
asphalt
roof putty
10-25
unknown-present
asphalt
plaster/stucco
2-10
unknown-present
Portland cement
spackles
3-5
1930-1975
starch, casein, synthetic
resins
sealants fire/water
50-55
1935-present
caster oil or polyisobutylene
cement, insulation
20-100
1900-1973
clay
cement, finishing
55
1920-1973
clay
cement, magnesia
15
1926-1950
magnesium carbonate
Asbestos ebony products
50
1930-present
Portland cement
Flooring tile snd
vinyl/asbestos tile
21
1950-present
poly(vinyl)chloride
Sheet Goods
asphalt/asbestos tile
26-33
1920-present
asphalt
sheet goods/resilient
30
1950-present
dry oils
Wallcovering
vinyl wallpaper
6-8
unknown-present
—
Paints and coatings
roof coating
4-7
1900-present
asphalt
air tight
15
1940-present
asphalt
4-4
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Some forms of asbestos fibers have high tensile strength and thermal stability. In addition,
asbestos is non-combustible and a good acoustical and thermal insulator. Asbestos is
effective in condensate control and resistant to corrosion and friction.
Chrysotile use comprises approximately 93 percent of the total consumption of asbestos
fibers. The remaining 7 percent comes from the amosite and crocidolite groups. Each may be
used individually in asbestos products, but mixtures of chrysotile, crocidolite and amosite are
commonly found.
Chrysotile is used in asphalt flooring, vinyl floor tiles, pavings, and road surfaces. It is also
found in brake linings, clutch facings, gaskets, and reinforced plastics.
Amosite is less flexible but more heat and acid resistant than chrysotile. It has often been
used in high temperature applications and may also be found in small amounts as filter aids
in pressure piping products.
Crocidolite is very resistant to acids and to the effects of outdoor exposure and may be found
in combination with chrysotile in asbestos cement pressure pipes, textiles, and filtration
products.
Anthophyllite, actinolite, and tremolite are used primarily in adhesives and cements. They
are too brittle for textile products or for use as fibrous reinforcement.
The following principle categories of asbestos use in buildings may be subject to the
asbestos NESHAP if the building is renovated or demolished.
Typical Friable Asbestos Materials
• Spray applied materials (fibrous, fluffy)
fireproofing
decorative coatings
condensation control
• Hand troweled insulation (granular, cementitious)
acoustical insulation
thermal insulation (such as pipe lagging)
• Molded Insulation
thermal insulation (such as pipe wraps)
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Typical Category I Nonfriable Asbestos Materials
• gaskets
• resilient floor covering
• asphalt roofing products
• packings
Typical Category II Nonfriable Asbestos Materials
• asbestos/cement sheet and piping
• coatings
• sealants
ASBESTOS SURFACING MATERIALS
Asbestos-containing surfacing materials are coatings which were spray-applied or troweled
onto steel I-beams, decks, concrete ceilings and walls, and other surfaces. They were
applied primarily as thermal insulation, fireproofing, soundprpofing, and for decorative
purposes.
Sprayed coatings are typically rough and fluffy in appearance, while troweled coatings have a
smooth finish and may be covered with a layer of plaster or other non-asbestos material.
Both sprayed and troweled asbestos coatings are friable in most applications. Most spray-
applied asbestos coatings were banned for fireproofing/insulating in 1973 and for decorative
purposes in 1978.
In its 1986 standard OSHA banned all applications of asbestos-containing products through
spray techniques. However, the U.S. Court of Appeals for the District of Columbia reviewed
this ban and concluded that "the support for the ban plainly fails to meet the 'substantial
evidence* standard... (and stated that the) ban cannot stand."
Effective January 19,1990, OSHA amended the regulatory text of the final asbestos standard
by deleting the prohibition regarding the spray application of asbestos-containing products.
It is believed that deleting this prohibition will not significantly increase the risk to
employees.
Condensation Control
Asbestos insulation was often applied to steel, concrete, or other building surfaces to
minimize condensation. The low thermal conductivity of the applied asbestos prevented the
cooling of such surfaces, thereby eliminating ceiling and wall "sweating" and reducing metal
corrosion and rotting of wood components.
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Fireproofing
Since high temperatures can result in a deterioration of ductility, tensile and compressive
strengths in building materials, asbestos has been widely used by the construction industry
to fireproof structural steel.
Acoustical
Since asbestos is fibrous in nature and thus lacks a reverberant surface, it has proved to be
an excellent soundproofing material. It was used extensively in schools (hallways,
stairwells, band rooms, gymnasiums), restaurants, hotels, and auditoriums for this purpose
prior to the 1970's.
THERMAL SYSTEM INSULATION
Thermal system insulation includes materials applied to pipes, fittings, boilers, breechings,
tanks, ducts, and other interior structural components to prevent heat transfer or water
condensation. These materials are present in a wide variety of forms. The following
examples of thermal insulation are based on product categories.
Pipe Insulation
Preformed pipe insulation with an asbestos content of about 50 percent has been used for
thermal insulation of steam pipes in industrial, commercial, institutional, and residential
applications. This product is usually white and chalky in appearance and typically was
applied as 3-foot long, half-round sections, held onto the pipe by a covering of plaster-
saturated canvas and metal bands. This insulation was applied on straight pipe sections,
while wet-applied coatings were used on elbows, flanges, and other irregular surfaces. The
installation of wet-applied and preformed asbestos insulations was banned in 1975.
Another type of pipe insulation is manufactured from asbestos-containing paper. Asbestos-
containing paper products are manufactured on conventional papermaking equipment using
asbestos fibers rather than cellulose. The raw asbestos paper produced in this process
contains up to 85 percent asbestos. The final product is typically coated or laminated with
other materials.
The typical asbestos-paper pipe covering, often referred to as air-cell insulation, looks and
feels like corrugated cardboard and is generally rolled onto the pipe in several layers. It is
medium gray in color and commonly held in place with a canvas wrap and metal bands.
Boilers and Hot Water Tanks
Asbestos-containing preformed block insulation has been used as thermal insulation on
boilers, hot water tanks, and heat exchangers in industrial, commercial, institutional, and
residential applications. The blocks are commonly chalky white, 2 inches thick and from 1 to
3 feet square. They are often Held in place around the boiler by metal wires or expanded
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metal lath. A plastei-saturated canvas was often applied a«". a final covering or wrap. The
installation of this type of asbestos insulation wus banned by EPA in 1975. Asbestos-
containing fire brick and gaskets may also be found as heating system components.
Elbows, Valves and T-Fittings
Batch mixed ACM has been trowel-applied to irregular joints (elbows, valves, T-fittings,
etc.) on thermal systems. The insulation is often covered with a canvas wrap or other
covering similar to the adjacent pipe wrap which may make it difficult to distinguish from the
material in the straight runs. It is not uncommon to find asbestos-containing "elbow mud" or
"lagging" adjacent to straight-runs of non-asbestos pipe insulation. ACM may also be found
in valve packings
MISCELLANEOUS BUILDING MATERIALS
Both friable and non-friable forms of other asbestos-containing building materials exist.
Friable materials include ceiling tiles (such as the 2 ft x 3 ft drop-in types and the 1 ft x 1 ft
glue-in panels), asbestos-containing paper (commonly found underneath wooden floor
boards) and joint compound. It is estimated that 5 to 10 percent of currently installed ceiling
tiles contain asbestos.
Typical non-friable miscellaneous asbestos materials include resilient floor covering,
asbestos cement sheet (Transite), siding shingles, and asphalt roofing products. Generally,
the asbestos in these products is tightly bound and nonfriable. However, with age, or during
the course of demolition or renovation, such materials may become friable. Because of this,
inspectors must evaluate such materials for their potential to become friable on a case-by-
case basis.
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SECTION 5
ABATEMENT TECHNIQUES
A NESHAP asbestos inspector should be familiar with the procedures the asbestos
abatement industry implements to comply with Federal and state regulations. This
knowledge will enable a more complete inspection, especially in a pre-removal situation
where actual abatement has not yet begun. By evaluating the set-up and proposed
abatement plan, the inspector can determine if the project may be done in compliance with
the asbestos NESHAP.
Although removal, encapsulation, enclosure and repair are all forms of asbestos abatement,
NESHAP inspectors investigating demolition and renovation sites will most commonly
encounter asbestos removal operations. For this reason, this section describes work area
preparation activities, equipment used, common work practices and other techniques used by
abatement contractors prior to demolition or renovation. Inspectors should not expect to see
all of the following at any particular site, for what is happening depends on the type of
abatement being done, the phase of the job and the contractor in charge.
AREA PREPARATION
Precleaning of the work area is conducted. HEPA vacuums are used to clean floors, walls
and movable as well as immovable objects. Wet-wiping may also be done. Carpets may be
steam-cleaned or removed entirely. Movable items are taken out of the work area and
stationary objects are sealed with polyethylene sheeting (poly) and tape.
All windows, doors, drains and other unnecessary openings or penetrations into the worksite
are sealed. Duct tape, foam, caulking, poly, plywood and sheetrock are commonly used to
establish these critical barriers. In the event that other engineering controls fail, they will
help prevent the release of asbestos fibers into the environment.
Warning signs should be posted at each entrance to the work area. Specifications for these
signs, which inform the reader that breathing asbestos dust may cause serious bodily harm,
are given in the OSHA asbestos standards.
The heating, ventilation and air conditioning (HVAC) system is shut down and isolated to
prevent transfer of asbestos dust throughout the building. The control panel for this system
is tagged and locked (to prevent activation of the system) or the breaker associated with the
HVAC system removed entirely. All contaminated air filters are removed from the system
5-J
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and disposed of as asbestos-containing *\»ste. \11 v^nts and c'r ducts inside the work area
are sealed; piywood, sheet metal, polyethylene sheeting 'poly) and tape aie commonly ased
for this puipose.
The electricity supplying the work area is shut off and the control panel locked and tagged.
Contractors typically have an electrician wire in necessary amperage at the worksite. All
electrical equipment should be connected to ground-fault circuit interrupters.
The walls of the work area are usually covered with two layers of 4 or 6 mil poly. Strapping,
nailing blocks, spray adhesive, staples and tape may be used to attach the poly to the walls.
Seams in the two layers are offset and the bottoms of the sheets alternately overlapped with
the floor poly which extends up the walls 18-24".
The floor of the work area is covered with a minimum of two layers of six mil poly. Seams
are sealed using spray adhesive and duct tape, and strapping, spray adhesive, double-sided
tape and/or staples may be used to securely fasten the poly at the wall/floor junction.
In certain situations an inspector may encounter a product known as spray poly being used to
prepare the walls and floor. This material is applied in equivalent thicknesses to
polyethylene sheeting and serves the same purpose.
Arrows are applied to the prepared walls to indicate the locations of exits.
A decontamination unit (decon) is established (Figure 5-1), in most cases contiguous to the
work area. It is designed to allow passage to and from the work area while minimizing
leakage of asbestos-containing dust to the outside. A typical unit consists of a clean room, a
shower room and an equipment room separated by airlocks. The airlocks may simply be two
layers.of poly hung at die openings to each room of the decon or they may be separate three-
foot chambers alternating with and separated from each of the rooms in the decon by
overlapping poly. The doorways themselves may be of various designs - arches, slits,
inverted T's, etc.
"Negative air" machines are brought in and local exhaust ventilation established
(Figure 5-1). These machines provide the EPA-recommended 4 air exchanges per hour and
help prevent contamination of areas outside the worksite.
A negative air machine is essentially a cabinet having an opening at each end, one for air
intake and one for exhaust. A fan located inside the cabinet draws contaminated air through
a series of filters and exhausts the cleaned air to the outside. The final filter in the series is
a High Efficiency Particulate Air (HEPA) filter capable of filtering 99.97 percent of particles
0.3 microns or larger from the air.
Negative air machines create a slightly lower air pressure inside the work area relative to
the outside; thus, any breach in containment of the worksite permits only uncontaminated au-
to be drawn into the area, preventing the escape of contaminated air.
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The machines should be located as far as possible from the decon and vent to the outside if
possible. The number of units needed depend* on the volume and configuration ci' the room
The machines operate 24 hours a day from the beginning of a job until final air clearance is
obtained.
WINDOWS AND DOORS
COVERED WITH POLYETHYLENE
CLEAN
EXHAUST
CLEAN ROOM
(LOCKERS)
SHOWER
ROOM
OIRTY
ROOM
HEPA FILTERS
AIR FLOW
Figure 5-1. Negative air filtration system.
EQUIPMENT
Numerous pieces of water handling equipment may be present at a removal site. These
include garden sprayers, hoses, extension wands, misters and pumps. Garden sprayers and
hoses are used to soak the asbestos-containing material (ACM) prior to its removal and to
maintain it in the wet state until it is properly collected for disposal. Extension wands
provide a fine spray of water precisely where it is needed, reducing die amount of water
required; the misters are used to moisten asbestos as it falls during the removal process.
Pumps are used to apply amended water to the ACM and may also be used to apply
encapsulants or other materials to the substrate after removal.
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Workers use a variety of tools for removing <\CM and collecting it for disposal. Removal
tools include long- and short-handled scrapers, joint compound krWes, paint scrapers, nylon
scrub pads and a large assortment of brushes (ranging from toothbrushes to toilet brushes!).
For hard ACM, chisels and hammers and various types of saws may be used. Collection
tools include shovels and squeegees which are often made of plastic or rubber to prevent
damage to the polyethylened floor.
Two types of heavy-duty vacuum apparatus may be seen, usually on large jobs. One is a
vacuum truck which transports ACM slurry to approved landfills and the other is a vacuum
machine which eliminates the need to bag the ACM in the worksite. In each case, ACM is
sucked up inside the work area and transported via a vacuum hose to the equipment located
outside. The workers may use the hose itself to remove the ACM off the substrate or may
feed collected material into a hopper attached to the hose.
Power washers, whose water stream pressure is measured in thousands of pounds per
square inch, may be used to clean asbestos-coated surfaces which cannot be reached in any
other way.
Heavy duty shredders may also be used at the job site. These break up metal lath and other
materials being removed, making it easier to handle and dispose of the waste.
WORK PRACTICES
Inspectors enforcing the provisions of the asbestos NESHAP should be familiar with the
work practice requirements of this regulation. These are found in 61.145, Standard for
demolition and renovation: Procedures for asbestos emission control and 61.150,
Standard for waste disposal for manufacturing, fabricating, demolition, renovation, and
spraying operations. A properly run abatement project will comply with the requirements of
these sections.
Specifically, under most circumstances, workers can be expected to treat friable asbestos-
containing material and Category I and Category II nonfriable ACM in poor condition with
water to ensure that it is adequately wet prior to its removal. No visible emissions may be
discharged to the outside air from collection, mixing, and wetting operations. Workers
should not drop or throw ACM and should transport it to the ground in dust-tight chutes or
containers if it has been removed or stripped more than 50 feet above ground level and was
not removed as units or in sections. All removed or stripped friable asbestos must remain
wet until collected for disposal. In addition, it must be sealed in leak-tight and properly
labeled containers while wet.
Abatement should begin at the decon and proceed toward the negative air machines.
Operating in teams, workers on the ground soak down the material to be removed and shovel
it up and bag it as the workers on the scaffolding or ladders scrape it off. The bags are
sealed, washed off in the shower or waste-handling area, placed into other labeled waste
disposal containers (i.e. bags, fiber drums, metal drums) and removed from the worksite.
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OTHER TECHNIQUES
Inspectors investigating worksites where floor tiles or pipe lagging is being removed may
encounter techniques unique to these operations.
Floor Tile Removal
Solvents (some having a strong citrus odor) are commonly used in the removal of floor tiles.
The solution is spread on the floor and allowed to penetrate to dissolve the mastic below.
Workers then scrape up the tiles and dispose of them. The solution may be reapplied to
dissolve any remaining mastic and the surface scrubbed clean.
Another technique involves flooding the floor with water and manually popping up the tiles
using ice scrapers. An abrasive sand slurry may be used to grind down the remaining mastic
and produce a smooth surface.
Dry ice may be used to detach floor tiles from their substrate or heat may be applied to the
tiles to soften and loosen them for approval. Machines which heat, remove and package up
floor tiles may be seen.
Pipe Lagging Removal
Contractors may choose to remove pipe-lagging using the glove-bag technique (Figure 5-
2). OSHA requires secondary containment where the glovebag is being used, but does not
mandate that this secondary containment be under negative pressure during small-scale,
short duration operations.
Figure 5-2. Illustration of a glove bag.
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A glovebag consists of a 6-12 mil polyethylene bag fitted with long-sleeved gloves, a tool
pouch and an opening used for water application and vacuum attachment Linked bags, multi-
sleeve bags and bags which'have been designed to permit the removal of horizontal or
vertical runs of pipe insulation are available.
The side seams of a glovebag are cut down to accommodate the diameter of the pipe
insulation to be removed, necessary tools and other materials are placed in the tool pouch
and the bag is attached around the pipe to form an airtight seal. ITie wand of a garden
sprayer containing amended water is attached to the bag and the insulation soaked, removed
and dropped into the bottom of the bag. The pipe and upper section of the bag are wiped
clean and the ends of remaining insulation are sealed with ericapsulant, rewettable fiberglass
or other wrapping material. The reusable tools are grasped in a glove and pulled outward;
the sleeve is twisted and taped in two locations and the glove containing the tools cut off
between the two taped sections. The enclosed tools are then placed into another glovebag
for use or are deposited into a bucket of water, opened up and cleaned. The glovebag is then
twisted and loosely taped to isolate the ACM in the bottom of the bag. The sprayer wand is
removed and the HEPA vacuum attached and used to remove the remaining air from the bag.
The bag is tightly taped, the vacuum hose removed and the bag cut down from the pipe and
deposited into another labeled disposal bag.
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SECTION 6
DEMOLITION AND RENOVATION REGULATIONS
The Environmental Protection Agency (EPA), under requirements of the Clean Air Act
(CAA) of 1971 is required to develop and enforce regulations necessary to protect the
general public from exposure to airborne contaminants that are known to be hazardous to
human health. The specific authority of EPA regarding asbestos is listed under Section 112
of the CAA entitled National Emission Standards for Hazardous Air Pollutants (NESHAP).
The specific citation that addresses building demolition and renovation (including removal
and disposal) is 40 CFR Part 61, Subpart M.
SOURCES UNDER SUBPART M
The following activities arc regulated by the asbestos NESHAP:
• asbestos mill operations (61.142);
• surfacing of roadways with asbestos-containing material (61.143);
manufacturing products which contain commercial asbestos (61.144);
• demolition and/or renovation of facilities that contain asbestos material
(61.145);
• spraying of asbestos-containing materials (61.146);
• fabricating operations involving commercial asbestos (61.147);
• insulating materials that contain commercial asbestos (61.148);
• waste disposal for asbestos mills (61.149);
• disposal of asbestos-containing waste generated during manufacturing,
demolition, renovation, spraying, and fabricating operations (61.150);
• closure and maintenance of inactive waste disposal sites for asbestos mills,
and manufacturing and fabricating sources (61.151);
• operation of air cleaning devices (61.152);
• reporting of information pertaining to process control equipment, filter devices,
asbestos generating processes, etc. (61.153);
• active waste disposal sites (61.154); and
• operations involving conversions of asbestos-containing waste material into
nonasbestos (as,bestos-free) material (61.155).
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REGULATORY HISTORY OF THE ASBESTOS NESHAP
The Asbestos NESHAP regulation has been in existence since 1973 and has been amended
several times. The following is a summary relative to demolition/renovation and associated
waste handling and disposal provisions:
• April 6, 1973 - Original promulgation developed regulations for:
demolition of buildings containing friable asbestos-containing fireproofing
and insulating material; and
restriction on the spraying of asbestos-containing materials on buildings
and structures for fireproofing and insulating purposes.
• May 3,1974 - Regulations were expanded to include:
clarification of definitions;
expansion of demolition provisions; and
clarification of no visible emission standard to exclude uncombined water
from regulatory requirement.
• October 14,1975 - Substantial changes were made including:
inclusion of renovation projects with the already regulated demolition
activities;
adoption of provision to prohibit use of wet applied and molded insulation
(e.g., pipe lagging); and
expansion of regulatory scope to cover asbestos-containing waste
handling and disposal.
• March 2,1977 - Subtle changes, mostly addressing definitions.
• June 19,1978 - Important changes made include:
expansion of spraying restrictions to prohibit application of asbestos-
containing materials for decorative purposes;
adoption of a provision to exempt bituminous or resinous-based
materials from the spraying restrictions; and
repromulgated certain work practice provisions.
• April 5,1984 - Repromulgation to ensure existing work practices enforceable.
The need to repromulgate stemmed from the 1978 Supreme Court decision in
the case of Adamo Wrecking Company of Michigan versus United States. The
court held that parts of the asbestos standard, in the form of work practice
standards, were not emission standards within the meaning of Section 112 of
the Clean Air Act as amended in 1970. Thus, certain work practice standards
were deemed not enforceable at the time of the Adamo Wrecking case.
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During the court case, the CAA was amended (August 7,1977) to authorize
the use of "design, equipment, work practice and operational standards."
Some, but not all, of the work practice standards were repromulgated on June
19,1978. The April 5,1984 repromulgation of the entire standard ensures that
all work practice standards are now enforceable. The standard was also
rearranged and parts of it reworded for clarity.
• 1990, - Repromulgation to enhance enforcement and compliance with the
standard. The repromulgated rule;
requires daily monitoring for visible emissions, weekly inspections of air-
cleaning devices, recordkeeping and reporting at asbestos milling,
manufacturing and fabricating sources;
revises notification requirements for demolition and renovation activities;
provides exemptions from the use of wet removal methods;
clarifies EPA's position regarding the handling and treatment of
nonfriable asbestos material;
requires recordkeeping and reporting regarding asbestos waste disposal;
and
clarifies that operations which convert asbestos-containing waste
material into nonasbestos material are regulated by NESHAP.
The following text is a summary of 40 CFR Part 61, Subpart M as it pertains to
demolitions/renovations and associated waste handling and disposal. The NESHAP
asbestos standard is included as Appendix A in this manual.
DEFINITIONS (61.141)
Adequately Wet—Sufficiently mix or penetrate with liquid to prevent the release of
particulates. If visible emissions are observed coming from asbestos-containing material,
then that material has not been adequately wetted. However, the absence of visible
emissions is not sufficient evidence of being adequately wet.
Asbestos-containing Waste Materials (ACWM)—Mill tailings or any waste that contains
commercial asbestos and is generated by a source subject to the provisions of this subpart.
This term includes filters from control devices, friable asbestos waste material, and bags or
other similar packaging contaminated with commercial asbestos. As applied to demolition
and renovation operations, this term also includes friable asbestos waste and Category II
nonfriable ACM waste that becomes crumbled, pulverized, or reduced to powder by forces
that acted on the material during the course of demolition and renovation operations
regulated by this subpart, and materials contaminated with asbestos including disposable
equipment and clothing.
Category I Nonfriable ACM—Asbestos-containing packings, gaskets, resilient floor
covering, and asphalt roofing products, containing more than 1 percent asbestos as
determined using the method specified in Appendix A, Subpart F, 40 CFR Part 763, Section
1, Polarized Light Microscopy.
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Category II Nov friable ACM—Any material, excluding Category I nonfriable ACM,
containing more than 1 percent asbestos as determined using the methods specified in
Appendix A, Subpart F, 40 CFR Part 763, Section 1, Polarized Light Microscopy that, when
dry, cannot be crumbled, pulverized, or reduced to powder by hand pressure.
Cutting—To penetrate with a sharp edged instrument. This includes sawing, but does not
include shearing, slicing, or punching.
Demolition—The wrecking or taking out of any load-supporting structural member of a
facility together with any related handling operations or the intentional burning of any facility.
Emergency Renovation Operations—A renovation operation that was not planned, but
results from a sudden, unexpected event that causes an unsafe condition or a disruption of
normal industrial operations. This term includes operations necessitated by nonroutine
failures of equipment.
Facility—means any institutional, commercial, public, industrial, or residential structure
(including any building containing condominiums or any building containing individual
dwelling units operated as a residential cooperative), installation, or building (residential
buildings having four or fewer dwelling units are excluded); any ship; and any active or
inactive waste disposal site. For purposes of this definition, any building, structure, or
installation that contains a loft used as a dwelling, is not considered a residential structure,
installation, or building. Any structure, installation or building that was previously subject to
this subpart is not excluded, regardless of its current use or function.
Facility Component—Any part of a facility including equipment.
Friable Asbestos Materials (FAM)—Any material containing more than 1 percent asbestos
as determined using the method specified in Appendix A, Subpart F, 40 CFR Part 763,
Section 1, Polarized Light Microscopy (PLM) that, when dry, can be crumbled, pulverized, or
reduced to powder by hand pressure. If the asbestos content is less than 10 percent as
determined by a method other than point counting by PLM, verify the asbestos content by
point counting using PLM.
Fugitive Source—Any source of emissions not controlled by an air pollution control device.
Glove Bag—A sealed compartment with attached inner gloves for the handling of asbestos-
containing materials. Properly installed and used, glove bags provide a small work area
enclosure used typically for small-scale asbestos stripping operations. Information on glove
bag installation, equipment and supplies, and work practices is contained in the OSHA's
final rule on occupational exposure to asbestos (Appendix G to 29 CFR 1926.58).
Grinding—To reduce to powder or small fragments. This includes mechanical chipping or
drilling.
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Inactive Waste Disposal Site—Any disposal site or portion of it where additional asbestos-
containing waste mateiial has not been deposited within the past year.
In Poor Condition—Means that the binding of the material is losing its integrity as indicated
by peeling, cracking, or crumbling of the material.
Installation—Any building or structure or any group of buildings or structures at a single
demolition or renovation site that are under the control of the same owner or operator (or
owner or operator under common control).
Leak-tight—Means that solids or liquids cannot escape or spill out It also means dust-
tight.
Malfunction—Any sudden and unavoidable failure of air pollution control equipment or
process equipment or of a process to operate in a normal or usual manner so that emissions
of asbestos are increased. Failures of equipment shall not be considered malfunctions if they
are caused in any way by poor maintenance, careless operation, or any other preventable
upset conditions, equipment breakdown, or process failure.
Natural Barrier—A natural object that effectively precludes or deters access. Includes
physical obstacles such as cliffs, lakes or other large bodies of water, deep and wide ravines
and mountains. Remoteness, by itself, is not a natural barrier.
Nonfriable Asbestos Material—Any material containing more than one percent asbestos as
determined using the method specified in Appendix A, Subpart F, 40 CFR Part 763 Section 1,
Polarized Light Microscopy that, when dry, cannot be crumbled, pulverized, or reduced to
powder by hand pressure.
Nonscheduled Renovation Operation—A renovation operation that is not planned but is
caused by the routine failure of equipment.
Outside Air—The air outside buildings and structures, including, but not limited to, the air
under a bridge or in an open-air ferry dock.
Owner or Operator of a Demolition or a Renovation Activity—Any person who owns,
leases, operates, controls or supervises the facility being demolished or renovated or any
person who owns, leases, operates, controls, or supervises the demolition or renovation
operation, or both.
Particulate Asbestos Material—Means finely divided particles of asbestos or material
containing asbestos.
Planned Renovation Operations—A renovation operation, or a number of such operations, in
which some RACM will be removed or stripped within a given period of time and that can be
predicted. Individual nonscheduled operations are included if a number of such operations
can be predicted to occur during a given period of time based on operating experience.
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Regulated Asbestos-Containing Material (RACM)—means (a) friable asbestos material,
(b) Category I nonfriable ACM that has become friable, or (c) Category II nonfriable ACM
that has a high probability of becoming or has become crumbled, pulverized, or reduced to
powder by the forces expected to act on the material in the course of demolition or renovation
operations regulated by this subpart.
Remove—Means to take out RACM or facility components that contain or are covered with
RACM from any facility.
Renovation—Altering a facility or one or more facility components in any way, including the
stripping or removal of RACM from a facility component. Operations in which load-
supporting structural members are wrecked or taken out are demolitions.
Resilient Floor Covering—Asbestos-containing floor tile, including asphalt and vinyl floor
tile, and sheet vinyl floor covering containing more than 1 percent asbestos as determined
using polarized light microscopy according to the method specified in Appendix A, Subpart F,
40 CFR. Part 763, Section 1, Polarized Light Microscopy.
Strip—Means to take off RACM from any part of a facility or facility components.
Structural Member—Any load-supporting member of a facility such as beams and load-
supporting walls; or any nonload-supporting members, such as ceilings and nonload-
supporting walls.
Visible Emissions—Any emissions (excluding condensed uncombined water vapor) visually
detectable without the aid of instruments, coming from RACM or asbestos-containing waste
material, or from any asbestos milling, manufacturing or fabricating operation.
Waste Generator—Any owner or operator of a source covered by this subpart whose act or
process produces asbestos-containing waste material.
Waste Shipment Record—The shipping document required to be originated and signed by the
waste generator which is used to track and substantiate the disposition of asbestos-
containing waste material.
Working Day—Means Monday through Friday and includes holidays that fall on any of the
days Monday through Friday.
APPLICABILITY OF STANDARD [61.145(a)]
Various requirements of this section apply to the owner or operator of a demolition or
renovation activity depending on the presence, relative amounts and condition of asbestos
(including Category I and Category II nonfriable ACM) found in the facility.
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Demolitions (Above Cutoff)
In a facility being demolished, all notification [61.145 (b)J, emission control procedures
[61.145 (c)] and waste disposal requirements (61.150) apply if the combined amount of
RACM and Category I and Category II nonfriable ACM that is subjected to sanding,
grinding, cutting or abrading present in a facility being demolished is at least:
• 260 linear feet (80 linear meters) on pipes;
• 160 square feet (15 square meters) on other facility components; or
• 35 cubic feet (1 cubic meter) off facility components (where the length or area
could not be measured previously).
Note: Future references to these regulated amounts of ACM will be designated:
260/160/35.
Demolitions (Below Cutofff
In a facility being demolished, if the combined amount of RACM and Category I and Category
II nonfriable ACM that is subjected to sanding, grinding, cutting, or abrading is less than the
previously stated quantities, or there is no asbestos in the facility, only the notification
procedures of §61.145 (b) (1), (2), (3)(i), and (iv) and 4 (i-vii, ix and xvi) apply.
Notification must be received by the EPA for a building that will be demolished even if there
is no asbestos in the building; this provides an opportunity for EPA to inspect the facility
prior to demolition to verify that it contains less than the regulated quantity of asbestos.
Demolitions (Ordered)
If the facility is ordered demolished by a State or local governmental agency because the
building is structurally unsound and in danger of imminent collapse, notification requirements
of §61.145 (b) (1), (2), (3iii), (4, excluding viii) and (5) and emission control procedures of
§61.145 (c) (4-9) apply.
Renovations (Above Cutoff)
If the combined amount of RACM that will be stripped, removed, dislodged, cut, drilled or
similarly disturbed and Category I and Category H nonfiriable ACM that is subjected to
sanding, grinding, cutting or abrading is at least 260/160/35, notification requirements of
§61.145 (b) and emission control procedures of §61.145 (c) apply.
Renovations (Below Cutoff)
If the amount of RACM that will be stripped, removed, dislodged, cut, drilled or similarly
disturbed and Category I and Category n nonviable ACM that is subjected to sanding,
grinding, cutting or abrading is less than 260/160/35, the requirements of the asbestos
NESHAP do not apply.
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Renovations (Planned)
If the predicted combined additive amount of RACM that will be removed or stripped and
Category I or Category II nonfriable ACM that will be subjected to sanding, grinding,
cuttings, or abrading during planned renovation operations involving individual nonscheduled
operations during a calendar year of January 1 through December 31 is more than 260/160/35,
notification requirements of §61.145 (b), emission control procedures of §61.145 (c), and
waste disposal requirements of §61.150 apply.
Renovations (Emergency)
If the estimated combined amount of RACM to be removed or stripped and Category I and
Category II nonfriable ACM that will be subjected to sanding, grinding, cutting or abrading as
a result of the sudden, unexpected event that necessitated the renovation exceeds
260/160/35, notification requirements of §61.145(b), emission control procedures of
§61.145(c) and waste disposal requirements of §61.150 apply.
NOTIFICATION REQUIREMENTS [61.145 (b)]
Important Terms
Owner or Operator - any person who owns, leases, operates, controls or supervises the
facility being demolished or renovated, or any person who owns, leases, operates, controls,
or supervises the demolition or renovation operation, or both. An owner/operator could be an
asbestos removal contractor, a general contractor, industrial hygienist, etc., or any individual
who could be in a position to control the operations.
Administrator - anyone with delegated authority within the EPA asbestos NESHAP
program. Inspectors should be aware that where the EPA has delegated authority for the
program to a State, only the State may require notification in some cases; in other instances,
both the State and EPA must be notified.
Notifying Responsibility
Each owner or operator of a demolition or renovation activity to which this section applies is
required to:
• notify the Administrator, in writing. (Delivery of the notice by U.S. Postal
Service, commercial delivery service, or hand delivery is acceptable);
• postmark or deliver the notice as required; and
• update the notice, as required (e.g., change in start date, 20 percent increase
in affected asbestos).
Notification information must be reported on a form similar to that found in Figure 3 of the
regulation.
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Notification Submittal
The asbestos NESHAP has established the following notification submittal requirements
concerning demolition and renovation activities. Lead times have been designated in certain
circumstances to provide the regulatory agency with sufficient time to determine compliance
with the standard.
Demolitions and Renovations Involving at Least 260/160/35
Notices must be postmarked or delivered at least 10 working days before asbestos stripping
or removal work or any other activity which disturbs asbestos begins. This notification
requirement does not apply to planned or emergency renovations.
Demolitions Involving Less Than 260/160/35 or No Asbestos
Notice must be given 10 working days before demolition begins.
Planned Renovation Operations Involving Individual Nonscheduled Operations
For renovation operations subject to the regulation, notice must be given at least 10 working
days before the end of the calendar year preceding the year for which notice is being given.
Ordered Demolitions
For demolitions ordered by a governmental agency, notice must be given as early as possible
before, but not later than the working day following the demolition.
Emergency Renovation Operations
Notice must be given as early as possible before, but not later than the working day
following the renovation.
Renovations Involving Less Than 260/160/35
EPA requires no notification for a single renovation involving less than the regulated amount
of RACM. However, if the total RACM involved in several nonscheduled renovation
projects exceeds 260/160/35, notice must be given as indicated in Planned Renovation
Operations... above.
Updated Notifications
Whenever asbestos stripping or removal in demolition and renovation operations involves
at least 260/160/35 (excluding planned renovation operations involving individual
nonscheduled operations and emergency renovation operations) or demolitions involving
less than 260/160/35 will begin on a date other than the one contained in the original notice,
the EPA must be notified of such a change. In no event shall an operation begin on a date
other than the date contained in the written notice of the new start date.
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Later Starting Date
If the new start date is scheduled after the date contained in the original notice, EPA
• may be notified by telephone as soon as possible before the original start date;
and
• must be provided with a written notice of the new start date as soon as
possible before, and no later than, the original start date.
Delivery of the updated notice by U.S. Postal Service, commercial delivery service, or hand
delivery is acceptable.
Earlier Starting Date
If the new start date for demolition and renovations involving at least 260/160/35 or for a
demolition involving less than 260/160/35 or no asbestos is scheduled before the date
contained in the original notice, EPA must be notified of the change
• in writing, and
• at least 10 working days before asbestos stripping or removal work or
demolition-begins.
Delivery of the updated notice by U.S. Postal Service, commercial delivery service, or hand
delivery is acceptable.
Contents of Notification
Whenever notification is required, the following information must be included:
• an indication of whether the notice is the original or revised notification;
• names, addresses and telephone numbers of the facility owner and operator,
asbestos removal contractor owner or operator and waste transporter,
• type of operation: demolition or renovation;
• description of the facility or affected part of the facility (size, number of floors,
age, present and prior use, etc.);
• procedure employed to detect the presence of RACM and Category I and
Category II nonfriable ACM (including analytical methods);
• estimate of the approximate amount of RACM to be removed from the facility
and Category I and Category II nonfriable ACM that will be subjected to
sanding, grinding, cutting or abrading;
• estimate of the approximate amount of Category I and Category II nonfriable
ACM in the affected part of the facility that will not be removed before
demolition;
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• location and street address of the facility being demolished or renovated;
• scheduled starting and completion dates of asbestos removal work (or other
activity that would disturb asbestos material) in a demolition or renovation;
planned renovation operations involving individual nonscheduled operations
shall indicate the January 1 to December 31 work period;
• scheduled starting and completion dates of demolition or renovation;
• description of work practices and engineering controls to be used (includes
asbestos removal and waste-handling emission control procedures);
• name and location of the waste disposal site to be used;
• a certification that an appropriately trained person will supervise the stripping
and removal operation. (This requirement shall become effective 1 year after
promulgation of this regulation); and
• a description of the procedures to be followed in the event that unexpected
RACM is found or Category II nonfriable ACM becomes crumbled, pulverized,
or reduced to powder.
When a facility has been ordered to be demolished, notification must also include;
• the name, title and authority of the government representative who ordered
the demolition;
• the date the order was issued;
• the date the demolition was ordered to begin; and
• a copy of the order.
For emergency renovations, notification must include:
• the date and hour that the emergency occurred;
• a description of the sudden, unexpected event; and
• an explanation of how the event caused an unsafe condition or disrupted
normal industrial operations.
PROCEDURES FOR ASBESTOS EMISSION CONTROL [61.145 (c)]
Because EPA does not recognize an acceptable safe ambient source concentration of
asbestos, the standard sets forth requirements to prevent emissions of particulate asbestos
material to the outside air.
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Removal of RACM [61.145 (c)(1)]
Remove all RACM from a facility being demolished or renovated before any activity begins
that would break up, dislodge, or similarly disturb the material or preclude access to the
material for subsequent removal.
Exceptions from Removal [61.145 (a)(3), (c)(l)(i-iv) and (5)]
RACM need not be removed prior to demolition if it:
• is located in a facility ordered demolished by a governmental agency because
the facility is structurally unsound and in danger of imminent collapse. (The
portion of the facility containing the RACM must be adequately wet during
wrecking.);
• is Category I nonfriable ACM that is not in poor condition and is not friable;
• is on a facility component that is encased in concrete or other similarly hard
material and is adequately wet whenever exposed during demolition;
• was not accessible for testing and was, therefore, not discovered until after
demolition began and, as a result of the demolition, the material cannot be
safely removed. If not removed for safety reasons, the exposed RACM and
any asbestos-contaminated debris must be treated as ACWM and adequately
wet at all times until disposed of; or
• is Category II nonfriable ACM and the probability is low that it will become
crumbled, pulverized, or reduced to powder during demolition.
Removal of Units or Sections [61.145 (c)(2)]
When a facility component that contains, is covered with, or is coated with RACM is being
taken out of the facility as a unit or in sections:
• adequately wet all RACM exposed during cutting or disjoining operations (if
temperatures are above freezing); and
• carefully lower each unit or section to the floor and to ground level (Do not
drop, throw, slide or otherwise damage or disturb the RACM.)
Techniques for Wetting
Wetting may be accomplished using any of the following:
• portable garden sprayer,
• faucet tap/hose;
• water barrel ancl pump; or
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hose and nozzle connected to a hydrant.
Workers should apply the wetting agent as a fine mist or spray to ensure adequate wetting
of the RACM. Depending on the type of RACM being removed, repeat or continuous
application of the wetting agent may be necessary.
High-pressure power washers are not recommended for use in wetting RACM because the
force of the water stream (measured in thousands of pounds per square inch) so quickly
dislodges RACM that adequate wetting of the material cannot take place.
Although not specifically required by the NESHAP asbestos standard, surfactants,
chemicals which reduce the surface tension of water, are commonly added to the water used
for wetting RACM. Surfactants aid in the penetration and wetting of RACM and reduce the
amount of water required.
EPA guidance recommends using a mixture of 50 percent polyoxyethylene ester and 50
percent polyoxyethylene ether, or the equivalent, in a 0.16 percent solution (1 oz. per 5
gallons) of water (Purple Book - EPA 560/5-85-024).
Stripping RACM from an In-place Facility Component [61.145 (c)(3)]
Adequately wet RACM while it is being stripped from in-place facility components.
Wetting Exemptions [61.145 (c)(3)(i-iii), (7)(i-iii)l
Wetting is not required where the wetting operation would damage equipment, present a
safety hazard, take place below freezing temperatures, or where RACM being handled is
contained in leak-tight wrapping. Detailed information concerning these situations is
provided below.
Equipment Damage or Safety Hazards [61.145 (cXSXi'iU)]
Wetting is not required during a renovation operation if the owner or operator:
• has obtained prior written approval from the Administrator based on a written
application that wetting to comply with the asbestos NESHAP would
unavoidably damage equipment or present a safety hazard; and
• uses one of the following emission control methods during the renovation
activity:
an appropriately designed and operated local exhaust ventilation and
collection system for particulate asbestos;
a glove-bag system designed and operated to contain the particulate
asbestos material;
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leak-tight wrapping to contain all RACM prior to dismantlement; or
another equivalent wetting or emission control method approved, in
writing, by the Administrator. A copy of this approval must be kept at
the worksite and made available for inspection.
Below Freezing Temperatures [61.145 (c)(7)]
When the temperature at the point of wetting is below 32°F (0°C), wetting is not required.
However, the owner or operator must:
• remove regulated facility components as units or in sections to the maximum
extent possible; and
• record required information during periods when wetting operations are
suspended due to freezing temperatures. These records must be available for
inspection by the Administrator during normal business hours at the
demolition or renovation site and must be retained for at least 2 years.
Wrapped ACM [61.145 (c)(3)(i)(B)(3) and (c)(4)]
Wetting is not required when, during renovation activities, RACM has been wrapped leak-
tight prior to dismantlement, or it has been taken out of the facility as a unit or in sections
and contained in leak-tight wrapping.
Stripping of Facility Components Taken Out as Units or Sections [61.145 (c)(4)]
When stripping RACM from facility components which have been taken out of a facility as a
unit or in sections,
• adequately wet the RACM; or
• use an appropriately designed and operated local exhaust ventilation and
collection system for particulate asbestos material.
Exemptions from Stripping [61.145(c)(5)]
RACM need not be removed from large facility components such as reactor vessels, large
tanks, and steam generators, but not beams, if the following requirements are met:
• the facility component is handled, stored, disposed of or reused without
disturbing or damaging the RACM; and
• the component is encased in a leak-tight, appropriately labeled wrapping
during all loading and unloading operations and during storage.
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Handling of RACM [61.145 (c)(6)]
For all RACM, including material that has been removed or stripped,
• adequately wet the material and ensure that it remains wet until collected and
contained or treated in preparation for disposal; and
• carefully lower the material to the ground and floor (Do not drop, throw, slide
or otherwise damage or disturb the material); and
• transport the material to the ground via leak-tight chutes or containers if it has
been removed or stripped more than 50 feet above ground level and was not
removed as units or in sections.
NESHAP Training Requirements [61.145 (c)(8)]
Effective 1 year after promulgation of this regulation, no RACM shall be stripped, removed,
or otherwise handled or disturbed at a facility unless at least one on-site representative,
such as a foreman or management-level person or other authorized representative, trained in
the provisions of this regulation and the means of complying with them is present. Every 2
years this individual must receive refresher training in the provisions of this regulation.
Evidence that the required training has been completed must be posted and made available
for inspection by the Administrator at the demolition or renovation site.
Demolition Operations [61.145 (c)(9)]
For facilities ordered to be demolished, the portion of the facility that contains RACM must
be kept adequately wet during the wrecking operation.
Intentional Burning [61.145(c)(10)]
If the facility is demolished by intentional burning, all RACM, including Categories I and II
nonfriable ACM must be removed before burning.
Disturbance of Category I Nonfriable ACM [61.145 (c)(ll)]
If Category I nonfriable ACM (packings, gaskets, resilient floor covering and asphalt roofing
products) is sanded, ground, cut or abraded, the owner or operator must;
• adequately wet the material during the sanding, grinding, cutting or abrading
operations;
• comply with the requirements of §61.145(c)(3)(i) if wetting would unavoidably
damage equipment or present a safety hazard;
• handle asbestos material produced by sanding, grinding, cutting or abrading as
asbestos-containing waste material subject to the waste handling and
collection provisions of §61.150.
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WASTE DISPOSAL REQUIREMENTS (61.150)
Section 61.150 of the asbestos NESHAP addresses the collection, transport, deposition, and
recordkeeping requirements pertaining to ACWM.
ACWM is defined as any waste that contains commercial asbestos and is generated by a
source subject to the provisions of the standard. The term includes:
• control device asbestos waste (e.g., filters, slurries),
• bags or other similar packaging contaminated with commercial asbestos,
• friable asbestos waste material,
• Category 13 nonfriable ACM waste that has become friable, and
• materials contaminated with asbestos (disposable equipment, clothing, plastic
sheeting, cleanup equipment waste, shower water and excess water from
wetting procedures).
Visible Emissions
Each owner or operator of any source covered under the provisions of the asbestos NESHAP
must either discharge no visible emissions (VE) to the outside air during the collection,
processing, (including incineration), packaging or on-site transporting of any ACWM
generated by the source, or use one of the emission control and waste treatment methods
described later in this section.
In a 1989 court ruling in Rhode Island (Hugo Key versus EPA), the judge ruled that debris on
the ground outside a building was a violation of the no VE requirement. In this case the
evidence consisted of pieces of friable asbestos material that had come off an asbestos-
covered tank as it was dragged out of a building into a parking lot. The court's interpretation
of this part of §61.150 provides greater enforcement flexibility of the no VE requirement and,
hence, a need for inspectors to collect samples of ACWM found outside a facility.
Treatment with Water
• Adequately wet ACWM and seal it, while wet, in leak-tight containers. For
materials that will not fit into containers without additional breaking, enclose
them in leak-tight wrapping.
• Keep ACWM generated during ordered demolitions or demolitions where
RACM is not required to be removed adequately wetted at all times after
demolition and during handling and loading for transport to a disposal site.
Such ACWM does not have to be sealed in leak-tight containers or wrapping,
but may be transported and disposed of in bulk.
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• Label containers of ACWM or wrapped ACWM using warning labels specified
by OSHA 29 CFR 1910.1001 or 1926.58.
• Label ACWM destined for off-site transport with the name of the waste
generator and the location where the waste was generated.
Processing ACWM into Nonfriable Forms:
• Form all ACWM into nonfriable pellets or other shapes while discharging no
visible emissions to the outside air.
Emission Control Alternatives:
• Use an alternative emission control and waste treatment method that has
received prior approval by the Administrator.
Deposition of ACWM
Deposit, as soon as is practical, all ACWM (excluding Category I nonfriable ACM in good
condition) at a waste disposal site operated in accordance with §61.154, or at an EPA-
approved site that converts RACM and ACWM into nonasbestos (asbestos-free) material
(61.155).
Vehicle Marking
Vehicles used to transport ACWM must be marked during the loading and unloading of
waste so that the signs are visible and markings in conformation with §61.149(d)(l)(i-iii).
Off-site Transport of ACWM
Each owner or operator of a demolition/renovation operation must:
• Maintain appropriate waste shipment records.
• Provide a copy of the waste shipment record to the disposal site owners or
operators when the ACWM is delivered to the site.
• Contact appropriate personnel to determine the status of the waste shipment
if a copy of the waste shipment record, signed by the owner or operator of the
waste disposal site, is not received by the waste generator within 35 days of
the date the waste was accepted by the initial transporter.
• Report in writing to EPA if such a signed copy tuts not been received by the
waste generator within 45 days of the date the waste was accepted by the
initial transporter.
• Retain a copy of all waste shipment records, including the signed copy of the
waste shipment record, for at least 2 years.
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Record Availability
Each owner or operator of a demolition/renovation operation must provide to the
Administrator, upon request, all records required under this section.
AIR CLEANING (61.152)
Under certain conditions detailed in §61.145, Standard for demolition and renovation and
§61.150, Standard for waste disposal..., an owner or operator may choose to control
asbestos emissions by using a local exhaust ventilation and collection system. However, if
a source cannot meet the air-cleaning requirements when it has elected to do so, it defaults
to the "No Visible Emission" component of the standard. The following summarizes
requirements pertaining to the use of such a system.
Fabric Filters
Fabric filters may be used; however, if the use of fabric creates a fire or explosion hazard, or
if the Administrator determines that a fabric filter is not feasible, use of wet collectors may
be authorized.
Note: Due to the transient nature of asbestos abatement, fabric filters are uneconomical,
and, therefore, rarely, if ever, used at demolition or renovation sites.
HEPA Filters
HEPA filters capable of retaining 99.97 percent efficient as determined by ASTM method D-
2986-71 may be used.
Note: HEPA filtration units are commonly used at demolition/renovation worksites.
Other Filtration Devices
Other filtering equipment may be authorized for use if the owner or operator demonstrates to
the Administrator that it is equivalent to the described equipment in filtering particulate
asbestos material.
ACTIVE WASTE DISPOSAL SITES (61.154)
To be an acceptable site for disposal of ACWM, an active waste disposal site must meet the
following requirements:
• 61.154 (a) - Produce no visible emissions to the outside air where ACWM has
been deposited [or meet the requirements of §61.154 (c) or (d)];
• 61.154 (b)] - Unless a natural barrier adequately deters access by the general
public, install apd maintain warning signs and fencing [or meet the
requirements of §61.154 (c)(1)];
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• 61.154 (c) - At the end of each operating day, or at least once every 24-hour
period while the site is in continuous operation, cover the ACWM that has
been deposited at the site during the operating day or previous 24-hour period
with:
at least 6 inches (15 centimeters) of compacted nonasbestos-containing
material [61.154 (c)(1)], or
a resinous, petroleum-based, or other dust suppression agent, approved
by the Administrator, that effectively binds dust and controls wind
erosion (Waste oil is not considered a dust suppression agent.)[61.154
(c)(2)).
• 61.154 (d) - Rather than meet the no visible emission requirement of §61.154
(a), use an alternative emissions control method that has received prior
written approval from the Administrator.
Figure 6-1 illustrates waste disposal site requirements.
No Visible Emission
OR
Six Inch Cover of
Compacted
Nonasbestos-Containing
Material Within
OR
OR
AND
Warning Signs
and Fencing
Natural Barrier
that Deters
Public Access
Warning Signs
and Fencing
Cover with a Resinous or
Petroleum-Based Dust
Suppression Agent Within
24-Hour Period
AND
Natural Barrier
that Deters
Public Access
Warning Signs
and Fencing
Alternate Control
Method Receiving
Prior Approval
AND
Natural Barrier
that Deters
Public Acoess
OR
OR
OR
Figure 6-1. Waste disposal site requirements.
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61.154 (e) - For all ACWM received, the owner or operator of the active
waste disposal site shall do the following:
Maintain waste shipment records, using a form similar to that shown in
Figure 4 of the regulation.
Send a copy of the signed waste shipment record to the waste generator
as soon as possible, and no longer than 30 days after receipt of the
waste.
Upon discovering a discrepancy between the quantity of waste
designated on the waste shipment records and the quantity actually
received, attempt to reconcile the discrepancy with the waste generator.
(If the issue is not resolved within 15 days after receiving the waste,
report this in writing to the governmental agency responsible for
administering the asbestos NESHAP program for the waste generator
and, if different, the governmental agency responsible for administering
the asbestos NESHAP program for the disposal site.),
Retain a copy of all records and reports required by this paragraph for at
least 2 years.
Additional requirements of §61.154 concern:
• recordkeeping;
• closure procedures;
• availability of records for inspection; and
• the need to obtain approval from the Administrator prior to
excavating or otherwise disturbing deposited and covered ACWM.
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SECTION 7
RESPIRATORY PROTECTION EQUIPMENT
CLASSES OF RESPIRATORS
The two major types of respiratory protection equipment available are air-purifying
respirators (APRs) and supplied-air respirators (S ARs). Air-purifying respirators have
filters through which air passes before it is breathed. APRs may be classified as positive or
negative pressure respirators depending on whether the user creates the suction to draw air
into the mask (negative pressure) or a fan propels filtered air to the facepiece (positive
pressure). SARs deliver air through a hose or airline from a tank or compressor to the user.
The overall protection afforded by a given Tespirator may be stated in terms of its protection
factors (PF). Protection factors for classes of respirators (i.e., half-face, full- face) have
been determined by comparing the concentration of a contaminant in the ambient atmosphere
to that inside the respirator under use conditions. Half-face negative pressure air-purifying
respirators have the lowest protection factor of all classes of respirators, whereas self-
contained breathing apparatus (SCBA) systems have the highest.
In this section the design, physical operation, advantages and disadvantages for each of the
commonly encountered respirators will be discussed.
Air-Purifying Negative Pressure Respirators
Single use disposal dust mask—This paper mask is held onto the face by an
elastic band or cloth ties. Disposable masks should never be used in an
asbestos-contaminated atmosphere fen1 they do not seal to the face and,
therefore, cannot provide sufficient protection.
Half-Mask—Fits over the bridge of the nose, along the cheek, and under the
chin. Two head bands form a four-point suspension to hold the mask in place
and maintain the facepiece seal. During inhalation a slight vacuum (negative
pressure) is created within the facepiece, causing ambient air to be drawn
through High Efficiency Particulate Air (HEPA) filter media and into the
facepiece. The expired air exits through an exhalation valve at the bottom of
the facepiece.
Full-Face—Fits over the face across the forehead, along the temple and the
cheek, and under the chin. These devices have a head harness with a 5- or 6-
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point suspension. During inhalation a slight vacuum (negative pressure) is
created in the facepiece, causing ambient air to be drawn through the HEPA
filter media and into the facepiece. The expired air exits through an exhalation
valve at the bottom of the facepiece.
• Advantages
size;
cost;
freedom of movement; and
ease of decontamination, cleaning and storage.
• Disadvantages
filter use limited to specified contaminants;
filter loading increases breathing resistance;
facepiece fit is critical;
requires filter changes;
not suited for atmospheres having less than 19.5 percent oxygen;
physiologically more stressful than air-supplied respirators;
requires fit testing; and
full facepiece reduces range of vision.
Powered Air-Purifying Respirators (PAPRs) - Equipped with HEPA Filters
Powered air-purifying respirators (PAPRs) have auxiliary battery-powered, motorized
filtration units which blow purified air to the facepiece. Since this creates a slight positive
pressure in the mask, any breach in the facepiece seal should permit only the outward flow of
air from the mask, thereby preventing inhalation of contaminated air.
Some PAPRs are designed so that the motorized filtration unit is worn on the waist.
Alternatively, the unit may be an integral part of the mask itself.
PAPRs may have tight-fitting facepieces or loose-fitting hoods or helmets. PAPRs with
tight-fitting masks must supply a minimum of 4 cubic feet of air per minute (4 cfm) to the
user whereas the hood or helmet type must supply 6 cfm.
• Advantages
minimizes leakage of unfiltered air into the mask;
fit testing is not required by OSHA;
possibly less stressful to use than negative pressure respirators; and
provides greater comfort to wearer.
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Disadvantages
not suited for atmospheres having less than 19.5 percent oxygen;
require filter changes;
operating time is limited by the battery pack;
tight fitting facepiece PAPRs have the same protection factor as full
facepiece negative pressure respirators [according to EPA (EHSD)];
higher cost than negative pressure respirators [according to EPA
(EHSD)];
motor will short out if it gets wet (during showering, i.e.);
battery pack may develop "use life" memory shorter than expected
operating time if the battery is not fully used;
due to their loose fit, hood or helmet type PAPRs do not afford the
wearer protection from airborne asbestos fibers if the battery pack fails;
and
full facepiece reduces range of vision.
Air-Line (Type C) Supplied-Air Respirators
Air-line (Type C) respirators consist of a half-mask, full-facepiece, hood or helmet to which
Grade D breathing air is supplied through a small diameter, high pressure air-line. There are
two modes of operation:
Pressure-Demand Mode—The pressure-demand supplied air respirator has a regulator and
valve design that maintains a positive pressure in the facepiece at all times. Should a
reduction of pressure within the mask be sensed, air flow is increased to preserve a positive
pressure.
Continuous-Flow Mode—The continuous-flow, supplied-air respirator maintains a constant
airflow and therefore, in most cases, a positive pressure within the facepiece at all times.
Instead of a regulator, it uses a control valve or orifice to adjust air flow.
Each of the two types of supplied-air respirators has its advantages and disadvantages:
• Advantages
lightweight;
breathing air supply is not limited to that which the user can carry; and
provides a high level of protection.
• Disadvantages
hose or air line restricts wearer's movement and may become damaged;
offers no protection if air supply fails;
expensive system to establish;
compressor which supplies the air must be located in an uncontaminated
(asbestos*free) environment;
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compressor which supplies the air should not be located in areas where
there may be elevated levels of CO, gas fumes, or other potentially toxic
substances;
full facepiece reduces range of vision; and
system cannot easily be transported.
Air-Line Respirator with Self-Contained Auxiliary Air Supply
This respirator combines an air-line respirator with an auxiliary air supply (SCBA) to
provide the user with respirable air if the main air supply fails.
• Advantages
may be used in IDLH (Immediately Dangerous to Life and Health)
atmospheres; and
as previously stated for other S ARs.
• Disadvantages
auxiliary air supply time is limited (for escape purposes only)
additional equipment canied increases wearer stress;
requires additional training;
hose or air line restricts wearer's movement and may become damaged;
expensive system to establish;
compressor requirements as previously stated for Type C S ARs;
full facepiece reduces field of vision.
Supplied-Air (Type C) Respirator with HEPA Filter
This respirator system consists of a full-facepiece air-line respirator a backup with HEPA
filter. It allows the user to disconnect from the air supply system in an emergency and
proceed through standard decontamination procedures while breathing through the HEPA
cartridges.
• Advantages
greater mobility during decontamination; and
affords the wearer protection if the air supply fails.
• Disadvantages
facepiece requires fit testing since respirator reverts to a negative
pressure mode when utilizing HEPA cartridges;
restriction of wearer's movement due to the air line; and
not suitable for IDLH atmospheres;
possibility of damage to the hose or air line; and
full facepiece reduces range of vision.
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Self-Contained Breathing Apparatus (SCBA)
The self-contained breathing apparatus consists of a full-facepiece, regulator, and a
respirable compressed air supply. The SCBA allows the user to carry the air supply, thus
eliminating the need for a stationary air supply. The SCBA must operate in the pressure-
demand mode to be used in asbestos atmospheres.
• Advantages
wearer carries own air supply;
highest protection factor, and
pressure-demand type respirator is approved for IDLH conditions.
• Disadvantages
use time limited by air supply;
devices are bulky and heavy;
requires more extensive training than for other respiratory devices;
decontamination may be difficult;
refilling tanks may pose problems; and
very expensive.
SCBA proficiency tests and checkout procedures are included as Appendix B to this manual.
SELECTION OF RESPIRATORS
The following presents the criteria for respirator selection provided in the EPA
Environmental Health and Safety Division (EHSD) Health and Safety Guidelines for EPA
Asbestos Inspectors. The EHSD document addresses the use of known or expected fiber
concentrations and the type of inspection activity as the principal criteria for determining
respirator usage. The entire EPA guidelines document (which is included as Appendix C to
this manual) should be reviewed by anyone conducting asbestos inspections.
General Requirements
In general, inspectors should not wear respirators unless they have been deemed "medically
fit" to wear such protection. The determination of whether die individual is medically fit is
made by a physician relying on information obtained through a medical and work history
questionnaire, a physical examination including a chest x-ray, pulmonary function tests and
gastrointestinal exam, and other tests or information deemed necessary by the medical
monitoring provisions of EHSD and OSHA regulations.
Inspectors should use only agency-owned respiratory protection equipment that they have
been specifically trained and fit-tested to use. Inspectors should never use equipment
offered by the abatement contractor. Supplied air respirators other than SCBAs probably will
not be worn by inspectors since it is doubtful that their agencies will provide the equipment
necessary for this type of system.
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Respirator Selection Criteria
Ideally, respirators should be selected according to the actual or potential airborne asbestos
concentrations present at the site. When an exposure level cannot be determined, an
unknown exposure condition exists. Such a situation requires the use of SCBA. SCBA
offers the maximum level of respiratory protection. The buddy system is required in
situations where the SCBA user is in an atmosphere that is either oxygen deficient or highly
toxic and would be life threatening in case of respirator failure. All activities covered by
these guidelines which would not result in a life-threatening or permanent injury situation
would not require using the buddy system.
Fortunately, much is known about the exposure conditions encountered at various
worksites. In 1989, Alliance Technologies Corporation, under contract with EPA, reviewed
PCM analytical data for over 4,000 air monitoring samples taken during renovation activities
at schools, residential buildings, hospitals, offices and industrial buildings. The study
concluded that, when the OSHA asbestos standards for renovations were followed, no
concentrations in excess of 0.82 f/cc were found in the removal areas during active abatement
95 percent of the time.
The OSHA permissible exposure limit (PEL) for asbestos is 0.2 f/cc and the NIOSH
recommended exposure limit is 0.1 f/cc. The EPA, on the other hand, recommends that
inspectors' exposures to asbestos be limited to below 0.01 f/cc as an 8 hour Time Weighted
Average (TWA). Respirator selection criteria found in the Health and Safety Guidelines are
based on this TWA.
If asbestos inspectors can make a determination of a project's OSHA compliance prior to
entering containment, they can choose to use the lowest acceptable level of respiratory
protection, a NIOSH-approved, full facepiece respirator with HEPA filtration or any
approved tight-fitting (i.e. having a tight face-to-facepiece seal) powered air-purifying
respirator (PAPR) with HEPA filtration. This conclusion is based on the following
assumptions:
• exposures in renovation sites in compliance with OSHA do not exceed 2.0 f/cc
95% of the time;
• full facepiece air-purifying respirators (and tight-fitting PAPRs) provide a
protection factor of 50x;
• inspectors will not be in the asbestos enclosure envelope for more than two
hours per day.
A 50x protection at an exposure level of 2.0 f/cc for two hours would result in an exposure of
0.01 f/cc TWA. Actually, most exposures would be far less than 0.01 f/cc, for most
individuals attain greater than a 50x protection factor from full-face respirators and tight-
fitting PAPRs and rarely will be in the envelope .for two hours.
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Air-purifying respirators include powered air purifying respirators (PAPR). These guidelines
assume that PAPRs provide the same protection as other air-purifying respirators due to the
possibility that overbreathirig (i.e. inhaling at a rate that is greater than the air supplied to
the facepiece, resulting in a negative pressure in the facepiece) can occur. This guideline is
consistent with the NIOSH Respiratory Decision Logic of 1987 with respect to the protection
offered by PAPRs. Additional PAPR studies are being planned by NIOSH; if PAPRs are
shown to have higher protection factors in the future, appropriate changes will be made
regarding selection of respiratory protection.
OSHA Asbestos Standard Compliance
An abatement project's compliance with the OSHA asbestos standards can be gauged by
findings that:
1. Records on- or off-site show that all employees have been trained as required by
OSHA standards. When records are kept off-site, the inspector should ask the
supervisor to state that proper records exist and are available for later review.
(Passing an approved AHERA class is desirable but not required for buildings not
covered by the AHERA regulations. Compliance with state and local training
requirements should be checked on a case-by-case basis.);
2. Records, either on- or off-site, show that project employees have been given medical
exams, including a determination that they are fit to wear respirators;
3. Amended water is being used to wet the ACM. (Check to see that amended water is
on-site outside the envelope.);
4. No power tools are being used to remove ACM;
5. The envelope is secure and no dust or debris appears to be coming from the removal
area;
6. Warning signs are posted and adequately labeled containers are being used in the
removal of ACM;
7. A permit for disposal has been obtained from the State or local government;
8. Employees are carefully removing ACM and not dropping materials on the floor;
9. Decontamination accommodations, including shower facilities, are in place;
10. Existing monitoring data indicate that asbestos fibers in the work area do not exceed
2.0 f/cc as an 8-hour TWA;
11. There is a written respiratory protection program and respirators are being used; and
12. A removal plan has been (or can be) made available for review.
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The asbestos NESHAP inspector must exercise proper judgment in determining that air-
purifying respirators will provide adequate protection. The capability to make such
determinations must be obtained through both classroom and on-the-job training.
EPA inspectors entering a removal, demolition or renovation area should select the
appropriate respiratory protection according to the following locations and conditions.
No Respiratory Protection Required
No respiratory protection is required outside of the asbestos area-enclosing envelope when:
• inspecting office areas and other locations outside the barrier. All barrier
seals must be intact, and all envelope entrances must have at least a double
barrier. No visible airborne dust or debris that is potentially asbestos-
contaminated should be present on any surface in the area;
• secondary containment is in place during glove-bagging operations. The
secondary containment enclosure must be complete, and, for all but small-
scale, short-duration operations, must also be under negative pressure;
• materials removed from the envelope have been cleaned and the pathway for
removal of bags and equipment is clear and clean;
• all ventilation systems in the envelope are off and sealed (This excludes
negative-pressure systems designed for the removal project.); and
wet methods are being used.
No respiratory protection is required inside the envelope when:
• inspecting any restricted area has already passed an appropriate clearing test
(e.g., minimum of aggressive sampling demonstrating a concentration below
O.Olf/cc by PCM); or
no removal work has begun and all ACM is intact, not disturbed, not damaged,
no debris is present, and the inspection will not disturb any ACM.
Respiratory Protection Required
Respiratory protection will be required in many situations encountered by inspection
personnel, both inside and outside the active removal area. For example, respiratory
protection and personal protective equipment are required for inspections conducted outside
the work area if all of the previously listed conditions have not been met In addition,
respirators and personal protective equipment are required whenever an inspector enters a
work area that has not been cleared for reoccupancy.
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To determine the type of respiratory protection required, an inspector must rely on available
information and observations of the conditions at the work site. As a minimum, the EHSD
document requires either a full-face, air purifying negative pressure respirator with HEPA
filters or a powered air purifying respirator (PAPR) with HEPA filters. An inspector can
upgrade respirator selections at any time, but should never downgrade selection.
To determine the type of respirator to use, a number of conditions must be met. These
conditions can be identified through a records review, pre-entry observations and
interviewing site personnel. If adequate information is not available to document all of these
conditions, an inspector must use his/her judgment to determine the level of respiratory
protection to wear. If upon entering the work area enclosure the inspector determines that
the conditions have not been met, he/she should immediately leave the work area and
upgrade the level of respiratory protection.
Air-purifying Respirators
Full facepiece air-purifying respirators or tight-fitting PAPRs shall be worn by inspectors
when:
• inspecting outside the barrier where workers outside the barrier are wearing
air-purifying respirators;
• inspecting outside the barrier where the barrier'is not complete and/or
asbestos-containing debris is present;
• inspecting inside the envelope when an inspection of the operation shows it to
be in compliance with the OSHA asbestos standard. If upon entering the
envelope, visible emissions are seen or other evidence suggesting non-
compliance is apparent, the inspector will immediately leave the area. Prior to
returning to the removal area to document violations, the inspector shall don
SCBA gear;
• inspecting inside the barrier and no active removal or disturbances have
occurred in the past 24 hours and the inspection will not disturb any ACM.
Atmosphere-supplying Respirators
Atmosphere-supplying respirators are required when:
• performance of the asbestos abatement project is not in accordance with
OSHA standards;
• materials are being removed which are not being be properly wetted, or
removal causes the generation of significant levels of dust;
• monitoring data at the site show levels in excess of 2.0 f/cc;
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• the inspector wil* be spending more than 2 hours inside the containment
envelope; and
• others at the site are wearing atmosphere-supplying respirators.
If the above conditions are not met, or if during the course of the inspection the conditions
change, a self-contained breathing apparatus (SCBA) will be required. Supplied air
respirators (S ARs) may not be acceptable if this would require the inspector to use
contractor equipment.
OTHER MEDICAL/PHYSICAL CONSIDERATIONS IN RESPIRATOR USAGE
Medical Monitoring
• Wearing a respirator imposes a physical stress on the user. Air-purifying
respirators require some effort during inhalation and exhalation to overcome
the resistance of the filter media and valve seals. The physical weight of an
SCBA may create a problem especially if extended work time and strenuous
work are required. Air-line respirators impose some physical stress due to
the weight of the attached air-line hose. OSHA regulations state that a
person shall not be required to wear respiratory protective devices unless it
has been determined that he/she is physically capable of doing so. A
physician knowledgeable in the field of occupational health should assess
one's pulmonary and cardiovascular status relative to respirator usage.
• Pulmonary considerations: the wearer should be examined for any respiratory
impairment from disorders such as emphysema, obstructive lung disease,
bronchial asthma, etc. Medical tests required are pulmonary function (PFT),
FEV, FVC, and chest x-rays. This testing is preceded by the completion of a
medical and work history questionnaire.
• Cardiovascular: the wearer must be evaluated according to one's medical
history and current cardiovascular status. A stress test may be required for
certain individuals, in order to determine the absolute risk.
Miscellaneous Considerations
• Facial hair: OSHA standards prohibit the use of respirators if one has any
growth of facial hair. The effect of facial hair on a respirator's performance
(half-mask and full-facepiece respirator) depends upon the degree to which
the hair interferes with the sealing surface of the respirator, the physical
characteristics of the facial hair, the type of respirator worn in relation to the
wearer's facial characteristics, etc. In all cases, however, the wearer cannot
expect to obtain a face seal as satisfactory as those obtained by persons who
are clean shaven.
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Scars, hollow temples, high cheekbones, deep skin creases, and the lack of
teeth or dentures may cause respirator sealing problems. Full dentures
should be worn when wearing a respirator, but partial dentures may or may
not have to be removed. Full lower dentures may be a problem since the
lower edge of the mask may unseat the dentures.
An inspector may be deemed medically fit to wear a respirator; however,
he/she may feel claustrophobic in one and therefore be considered
"psychologically" unfit. Prior to using personal protective clothing and a
respirator during an actual inspection, an inspector is advised to conduct a test
run.
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SECTION 8
ASBESTOS INSPECTOR SAFETY GUIDANCE
Safety requirements and/or guidelines for government employees involved in asbestos
inspection activities are addressed in one form or another in regulations and policies
developed by four separate Federal government agencies/groups. Each approaches the
subject differently, not always citing asbestos inspectors specifically, but contributing to the
overall purpose.
The Occupational Safety and Health Administration (OSHA) and the U.S. Environmental
Protection Agency (EPA) have each promulgated regulations pertaining specifically to
workers involved in the asbestos industry. The OSHA standards (29 CFR 1910 and 1926)
apply to workers involved in the removal, demolition, installation, repair, maintenance,
transportation and disposal of asbestos-containing materials.
The National Institute for Occupational Safety and Health (NIOSH) and EPA, as part of a
joint venture, were responsible for publishing respiratory protection safety guidance for
persons who work in the asbestos abatement industry. This 1986 document, A Guide to
Respiratory Protection for the Asbestos Abatement Industry, provides information on the
hazards associated with airborne asbestos, a model respiratory protection program and
recommendations concerning appropriate respirators for reducing asbestos exposure.
The EPA Worker Protection Rule (40 CFR 763) extends provisions of the OSHA asbestos
standard to state and local asbestos workers not covered by the Federal OSHA standard.
Most applicable to EPA inspectors assessing compliance with the asbestos NESHAP
regulation are the guidelines provided in the Health and Safety Guidelines for EPA Asbestos
Inspectors prepared by EPA's Environmental Health and Safety Division (EHSD),formerly
the Occupational Health and Safety Staff (OHSS). These guidelines are specific to EPA
asbestos inspectors and incorporate many of the procedures and practices recommended or
required by the previously mentioned regulations and policies.
OSHA ASBESTOS STANDARDS
The Occupational Safety and Health Administration (OSHA) regulates employee exposure
to airborne asbestos fibers in the workplace. The current OSHA regulation encompasses
two standards: an amended standard for general industry (29 CFR 1910.1001) and a
completely separate standard for the construction industry (29 CFR 1926.58). The latter
represents the first health standard issued solely for the construction industry.
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The construction standard differs from the general industry standard in that it contains a
number of specific job site requirements unique to the construction industry. These include
requirements for a "competent person" to supervise site activities; negative pressure
enclosures; delineated regulated areas where exposures are or may be above the
permissible exposure limit (PEL) and where personal protective equipment is worn;
decontamination area(s); clean room(s); shower area(s); equipment room(s); and
decontamination entry/exit procedures. The remainder of this subsection focuses on the
regulatory requirements specified in the construction industry standard (29 CFR 1926.58).
Scope and Application (Construction Industry Standard)
The Construction Industry Standard applies to all construction work as defined in 29 CFR
1910.12(b) including, but not limited to the following activities where asbestos, tremolite,
anthophyllite or actinolite is present:
• demolition or salvage;
removal or encapsulation;
• construction, alteration, repair, maintenance or renovation;
installation of products containing asbestos;
spill/emergency cleanup; and
• transportation, disposal, storage or containment of asbestos onsite.
Definitions
The OSHA Asbestos Regulation includes a "Definitions" section within the standard.
Included in these definitions are the following:
• Action Level—Airborne concentrations of asbestos, tremolite, anthophyllite,
actinolite, or a combination of these minerals of 0.1 f/cc of air calculated as an
8-hour, time-weighed average. Triggers exposure monitoring, medical
surveillance, and employee information and training requirements.
• Competent Person—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 competent person has specific duties as
outlined in 1926.32(f).
• Decontamination Area—An enclosed area adjacent and connected to the
regulated area consisting of an equipment room, shower and clean room.
• Demolition—The wrecking or taking out of any load-supporting structural
member and any related razing, removing or stripping of asbestos, tremolite,
anthophyllite or actinolite products.
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• Equipment Room (Change Room)—Contaminated room located within the
decontamination area that is equipped for the disposal of contaminated
materials.
• Permissible Exposure Limit (PEL)—No employee can be exposed to an
airborne concentration of asbestos in excess of 0.2 f/cc of air as an 8-hour,
time-weighted average (TWA). (The 1986 OSHA reduction of the TWA PEL
from f/cc 2.0 to 0.2 f/cc was expected to reduce the excess cancer mortality risk
for lifetime exposure to asbestos from 64 deaths per 1,000 workers to 7 deaths
per 1,000 workers).
• Regulated Area—Established by the employer to demarcate areas where
airborne concentrations of asbestos, tremolite, anthophyllite or actinolite
exceed, or can reasonably be expected to exceed, the permissible exposure
limit
• Removal—Taking out or stripping of asbestos, tremolite, anthophyllite or
actinolite, or materials containing these minerals.
Renovation—The modifying of an existing structure.
• Repair—Overhauling, rebuilding, reconstructing or reconditioning.
Communication Among Employers
On multi-employer work sites, employers introducing potential asbestos hazards onto the
work site must inform other employers on the site of their activities and of the existence and
requirements pertaining to regulated areas.
Regulated Areas
• The employer shall establish a regulated area in work areas where airborne
concentrations of regulated materials exceed or can reasonably be expected to
exceed the PEL.
Access shall be limited to authorized persons.
• Respirators shall be supplied to all persons entering the regulated area.
• Prohibited activities within the regulated area include eating, drinking,
smoking, chewing tobacco or gum, or applying cosmetics.
• Requirements for asbestos removal, demolition and renovation operations
require that:
Whenever feasible, a negative pressure enclosure shall be established;
and
The employer shall identify a competent person to set up the enclosure,
ensure its integrity, limit entry and exit, supervise employee exposure
monitoring, ensure that proper protective clothing and respirators are
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being worn, ensure employees are properly trained, ensure that
employees use hygiene facilities and observe decontamination
procedures, and ensure that engineering controls are functioning.
• Exception—For small-scale, short-duration projects such as pipe repair,
valve replacement, installing electrical conduits, installing or removing dry wall,
roofing and other general building maintenance or renovation, the employer is
not required to comply with the above requirements.
Exposure Monitoring
• Each employer who has a workplace or work operation covered by this
standard shall perform monitoring to accurately determine airborne
concentrations of the regulated materials to which employees may be exposed.
Methods of Compliance
Engineering Controls and Work Practices—The employer shall use one or any combination of
the following control methods to reduce the fiber level below the PEL:
• local exhaust ventilation equipped with HEPA filter dust collection systems;
• general ventilation systems;
vacuum cleaners equipped with HEPA filters;
• use of wet methods, wetting agents, or removal encapsulants;
• prompt disposal of wastes contaminated with asbestos, tremolite,
anthophyllite, or actinolite in leak-tight containers;
• use of work practices or other engineering controls that the Assistant
Secretary can show to be feasible; and
wherever the feasible engineering and work practice controls described above
are not sufficient to reduce employee exposure to or below the limit prescribed
(the PEL), 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.
Appendix F of the OSHA Standard contains more specific engineering controls and work
practices.
• Prohibitions
high-speed abrasive disc saws not equipped with necessary engineering
controls; and
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compressed air that is not used in conjunction with an enclosed
ventilation system designed to capture the dust cloud.
Employee Rotation
Employers shall not use employee rotation as a means of compliance with the PEL.
Respiratory Protection
• The employer shall provide respirators and ensure that they are used when
respirator use is required.
Respirators shall be selected according to Table 2 in the Asbestos Standard.
The employer shall provide a powered air-purifying respirator (PAPR) in lieu
of a negative pressure respirator when requested and appropriate.
When necessary, a respirator program shall be instituted in accordance with
29 CFR 1910.134.
• Respirator Fit Testing.
Quantitative or qualitative fit testing shall be performed at the initial fitting and every 6
months thereafter for each employee wearing a negative pressure respirator.
Protective Clothing
• Protective clothing shall be provided by the employer for any employee
exposed to airborne concentrations of the regulated materials that exceed the
PEL.
Hygiene Facilities and Practices
• In general, except for small-scale, short-duration activities, the employer shall
provide clean change areas for employees required to work in regulated areas
or required to wear protective clothing.
Requirements for Removal, Demolition and Renovation Operations
A decontamination area must be established contiguous to the work area whenever the PEL
is expected to be exceeded (small-scale, short-duration operations expected).
Communication of Hazards to Employees
Warning signs must be provided to demarcate the regulated area. The warning signs must
bear the information outlined ijn the Standard.
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Employee Information and Training
A training program shall be instituted for all employees exposed to airborne concentrations of
asbestos, tremolite, anthophyllite or actinolite, in excess of the action level.
Housekeeping
• HEP A vacuums are required where vacuuming methods are selected.
• Asbestos waste consigned for disposal must be collected and disposed of in
sealed, labeled, impermeable bags or other closed, labeled, impermeable
containers.
Medical Surveillance
Employees are covered by this part of the standard if engaged in work involving airborne
levels at or above the action level (0.1 f/cc) for 30 or more days per year.
Recordkeeping
Medical Surveillance records and exposure monitoring data must be kept for the duration of
the person's employment plus 30 years.
Excursion Limit
In September 1988, OSHA amended its two asbestos standards (29 CFR 1910 and 1926) to
establish an excursion limit for asbestos exposure.
No employee can be exposed to an airborne concentration of asbestos in excess of 1.0 f/cc as
averaged over a sampling period of 30 minutes. This limit is expected to save 118 people
based on lifetime exposures (45 years) and 79 lives based on 20-year exposures.
EPA WORKER PROTECTION RULE
The EPA Worker Protection Rule (40 CFR 763, Subpart G), originally published in the
Federal Register on April 25,1986 and amended on February 25,1987 (to reflect OSHA's
reduction of the PEL from 2.0 f/cc to 0.2 f/cc), extends provisions of the OSHA Asbestos
Standard to state and local government employees who are not covered by state asbestos
standards approved by OSHA or by standards that EPA has determined are comparable or
more stringent than the EPA rule. The Worker Protection Rule is essentially the same as
OSHA's construction industry standard. It differs from the OSHA standard in that it applies
solely to asbestos abatement activities. In contrast, the OSHA standard applies to all
construction activity involving potential asbestos exposures.
The rule also differs from the OSHA standard in how asbestos is defined, specifically in the
language of the definition and by the exclusion of non-asbestiform varieties. The EPA rule
has specific reporting requirements not included in the OSHA rule. These requirements
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specify that the EPA must be notified prior to undertaking an asbestos abatement project.
Notice must be postmarked or delivered at least 10 days prior to abatement. The exception
to the notification requirement is for abatement projects involving less than 3 square or linear
feet of friable asbestos, and for emergency projects. For emergency projects, the employer
must notify EPA "as soon as possible but in no case more than 48 hours after the project
begins." The notification must also include a statement that governmental employees are
conducting the asbestos abatement activities.
Alternatively, a source subject to the EPA Worker Protection Rule may choose to notify the
EPA pursuant to the asbestos NESHAP.
EPA/NIOSH GUIDANCE
In April 1986, NIOSH and EPA published a jointly prepared guidance manual entitled, A
Guide to Respiratory Protection for the Asbestos Abatement Industry, EPA 560-OPTS-86-
001. This document was intended to provide practical guidance in the selection and use of
respiratory protection for persons working in the asbestos abatement industry. The guide
was also meant to apply to other types of work activities where exposure or the potential for
exposure to airborne asbestos exists.
The document consists of five sections and a number of informational appendices.
Specifically, the guide contains the following information:
• a model respiratory protection program including minimum regulatory
requirements (at the time of publication);
• a checklist for use in developing or evaluating a respiratory protection program;
a section on breathing air systems;
• a listing of sources of help for respirator users;
• appendices including fit test procedures, general safety considerations, heat
stress considerations, and information on breathing air systems;
• NIOSH/EPA recommendations and basis for recommendations concerning the
types of respirators appropriate for use in the abatement industry.
EHSD GUIDELINES
EPA's Environmental Health and Safety Division's (EHSD's) Health and Safety Guidelines
for EPA Asbestos Inspectors (attached as Appendix C) are designed to:.
• provide appropriate health and safety information based on the best currently
available data for use by EPA's asbestos inspectors; and
• reduce the risks that are associated with some types of asbestos exposures .
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The guidelines, although developed for use by EPA inspection staff, are encouraged to be
used by stare and local inspectors, as well as contractors.
EHSD will continue to monitor and analyze health and safety issues of concern to EPA
asbestos inspectors and revise these guidelines periodically as additional significant
information from field experience and other sources becomes available.
The following subsections outline the general requirements detailed in the Guidelines.
Specific recommendations found in the guidelines on respirator selection, entry and exit
procedures, and protective clothing requirements are addressed in subsequent sections of
the workshop manual.
Health and Safety Plan
A general asbestos inspector health and safety plan must be prepared by each agency/group
involved in conducting asbestos inspections. "Hie plan should, at a minimum, include
information on the following:
• Emergency Procedures—The plan must include procedures to follow in case
of: (1) a medical emergency; (2) accidental release of asbestos; and (3) other
emergency situations. For medical emergencies the plan must include the
locations and telephone numbers of the nearest medical emergency facility and
ambulance service. For asbestos release situations, the plan must include
procedures for notifying responsible building officials and affected building
occupants. For other emergency situations, emergency and non-emergency
local phone numbers for the police department, fire department and the nearest
24-hour poison control center must be noted. In all cases, the location of the
nearest phone should be included to make the general plan site-specific.
• Personal Protective Equipment—The plan must specify protective equipment
requirements including respiratory equipment and protective clothing available
and the types of inspections during which they should be used.
• Operational Practices—The operational practices for each type of inspection
likely to be performed must be specified in the plan.
Evaluation
The local senior management official should assure that these guidelines are reviewed and
revised as necessary at least annually.
Incident Reporting and Response
The appropriate OHS program manager must coordinate the reporting and response to any
incidents involving injury or illness from asbestos for EPA's asbestos inspectors.
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Training
All employees engaged in asbestos-related field inspection activities must receive a
minimum of 24 hours of basic occupational health and safety training, must accompany an
experienced asbestos inspector for 3 days of directly supervised field activities, and must
receive 8 hours of approved, formal refresher training annually.
All EPA employees required to wear respirators must receive 6 hours of respiratory
protection training, must be fit-tested initially and at 6-month intervals thereafter or when
there is a significant change in some other factor affecting fit (e.g., loss of teeth, significant
change in weight), and must receive approved refresher training annually. All EPA
employees requested to enter hazardous waste sites or Superfund sites must receive the
necessary training required under OSHA's regulation 29 CFR 1910.120.
Medical Monitoring
Employees who are routinely engaged in field activities which could result in exposures to
toxic substances or which require the use of respiratory protection must be included in the
Agency's Occupational Medical Monitoring Program. In addition, employees who wear
respiratory protection must be deemed medically fit to wear such equipment.
Protective Clothing
Recommendations for protective clothing are based on the type of inspection being done. The
need for proper disposal of contaminated protective clothing is emphasized.
Respiratory Protective Equipment
Respiratory protection selection information specific to certain types of inspections is
provided. The guidance also mandates the establishment of a Respiratory Protection
Program in accordance with OSHA 29 CFR 1910.134,1926.58,1910.1001 and EPA Older
1440.3.
The following overriding policies concerning the use of respiratory protection by inspectors
are stressed.
1. Employees may not wear respirators until they have been deemed medically fit to
wear respiratory protection.
2. Employees should use only EPA-owned respiratory protective equipment that have
been specifically trained and fit-tested to use.
The guidance also notes EHSD's presumption that powered air-purifying respirators
(PAPR) provide the same protection (but not more) as other full-face, air-purifying
respirators. EPA bases its policy on workplace protection factors for PAPRs determined by
NIOSH.
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Other Personal Protection Equipment
The guidance recommends that eye protection be worn in eye hazard areas and that safety
shoes and hard hats be worn where head and foot injuries might occur.
Prohibited Practices
Prohibited practices include smoking, eating, drinking, chewing gum or tobacco, and applying
makeup in asbestos-contaminated areas.
Personal Hygiene
All persons who have been in asbestos-contaminated areas should remove contaminated
clothing, dispose of it properly, wash their hands and face thoroughly, or shower when
appropriate.
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SECTION 9
RESPIRATORY PROTECTION PROGRAM ELEMENTS
Any employer who requires or permits employees to wear respirators must have a written
respiratory protection program. This is required by OSHA in its asbestos standards (29
CFR 1910.1001 and 1926.58) and in its respiratory protection regulation (29 CFR 1910.134).
An effective respirator program should include:
• a statement of company policy regarding administration of the program;
• standard operating procedures governing the selection and proper use of
respirators;
• medical surveillance, training and fit-testing of workers;
• inspection, cleaning, disinfecting and proper storage of respirators;
• surveillance of work area conditions and degree of employee exposure; and
• recognition and resolution of special problems as they affect respirator use.
Some of the program components which have a direct application to asbestos inspectors are
discussed within this section.
RESPIRATOR PROTECTION FACTORS
The overall protection afforded by a given respirator may be stated in terms of its protection
factor (PF) and fit factor (FF). Each of these is defined as the ratio of the concentration of a
contaminant in the ambient atmosphere to that inside the respirator facepiece under use
conditions.
There is, however, a significant difference between the two. Protection factors are values
assigned to an entire class of respirators (i.e., half-face, full-face, etc.). They provide an
average value which takes into account the variety of makes and models, and the different
facial structures of the user population. Fit factors, on the other hand, are values specific to a
given respirator model and to the individual being tested. It is highly possible, therefore, that
a fit factor can be determined that is less than or greater than the protection factor assigned
to that respirator. It should be noted, however, that at no time can the assigned protection
factor be exceeded, regardless of the fit factor obtained. Also, if the obtained fit factor turns
out to be less than the assigned protection factor, the fit factor must be used to determine
the maximum fiber concentration in which the respirator may be worn.
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Protection Factors
Protection factors are determined using a procedure known as a quantitative fit test. During
quantitative fit testing, an individual wearing a mask fitted with a probe is placed within an
enclosure containing a challenge atmosphere. While the test subject performs a series of
activities, air samples are drawn from within the facepiece and test chamber and analyzed for
their relative concentrations of challenge material. The ratio between the amount inside the
enclosure and the amount inside the mask is the protection factor.
Such fit testing conducted at the Los Alamos Scientific Laboratory resulted in the
determination of universally-accepted protection factors for all classes of respirators. The
research involved quantitatively fit testing a great number of human subjects wearing various
types of respirators while they performed simulated work activities.
The generated test data were tabulated for each class of respirator and percentage figure
used to classify each respirator test result. For example, 97 percent of subjects may have
obtained a PF >10 from one manufacturer's respirator, whereas only 69 percent of the
subjects testing another respirator had similar results. These discrepancies indicate that no
manufacturer has yet produced a mask that can accommodate everyone's distinctive facial
features.
One should keep in mind that the protection factors assigned to the various classes of
respirators have been based on such research and, therefore, represent average values of
respiratory protection.
Protection factors may be used to select appropriate respiratory protection when the ambient
concentration of contaminant and its PEL are known. For example, a respirator given a
protection factor of 50 may be used in atmospheres not exceeding levels 50 times the PEL.
However, according to OSHA, the protection factor assigned to any of the negative pressure
respirators may only be applied if the respirator has been quantitatively fit tested on the
individual. If only qualitative fit testing (a less exacting procedure) has been done, the
wearer can only assume a protection factor of 10.
The following table states the OSHA requirements for respiratory protection devices based
on the asbestos PEL of 0.2 f/cc and protection factors assigned to the classes of respirators:
Maximum airborne asbestos concentrations
and (associated protection factors)
Required respirator
Not in exoess of 2 f/oc (10 x PEL)
Half-mask air-purifying respirator equipped with HEPA filter.
Not in excess of 10 l/oc (SO x PEL)
FuO facepiece air-purifying respirator with HEPA filters.
Not in exoess of 20 f/oc (100 x PEL)
Any powered air-purifying respirator (PAPR) with HEPA filters.
(Full faoe mask half face mask, loose fitting (or hood) mask.)
Not in excess of 200 f/cc (1,000 x PEL)
Full facepiece supplied air respirator operated in pressure demand
mode.
Greater than 200 f/oc (>1,000 x PEL)
Full facepiece supplied air respirator operated in pressure demand
or unknown concentration
mode and equipped with an auxiliary positive pressure self-
contained breathing apparatus, or pressure demand SCBA.
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The higher the protection factor, the higher the maximum use concentration. Thus, the
OSHA standard defines a range of protection factors from 10 for a half mask air-purifying
respirator to >1,000 for a supplied air respirator equipped with auxiliary SCBA or an SCB A.
It should be noted that the protection factor of 100 for a PAPR, as allowed by OSHA, has
been reduced in a NIOSH Respirator Certification proposal (52 FR 32402, August 27,1987).
The proposed regulation allows a PF=50 for a tight-fitting, full facepiece PAPR and a PF=25
for a loose-fitting hood or helmet PAPR.
Fit Factors
Fit factors, like protection factors, are determined by conducting a quantitative fit test on an
individual wearing a specific make or model of a respirator. As with protection factors, a fit
factor is defined as the ratio of challenge agent concentration outside the facepiece with
respect to the challenge agent concentration inside the respirator facepiece.
As mentioned earlier, fit factors are specific to an individual and model of respirator. As
such, fit factors may be greater or less than the assigned protection factor designated in the
OSHA regulation. A fit factor can, therefore, be viewed as a check on assigned protection
factors for that person and respirator model. It is important to recognize that if the fit factor
for a specific respirator is found to be lower than the assigned protection factor, the
calculated fit factor must be used to determine the maximum fiber concentration in which the
respirator may be worn. If the fit factor for a specific respirator is found to be greater than the
assigned protection factor, the protection factor must be used to determine the maximum
fiber concentration in which the respirator may be worn.
RESPIRATOR FIT TESTING
OSHA regulations require that either qualitative or quantitative respirator fit testing be
conducted to ensure that a negative pressure, air-purifying respirator seals properly to the
worker's face. If a fit test is not successful with one brand or size of respirator, other brands
or sizes should be tested until a proper fit is achieved.
Qualitative Fit Testing
Qualitative tests determine the subject's sensitivity to a certain smell, taste or irritation
from a "challenge" atmosphere. There are currently three recognized test protocols:
(1) isoamyl acetate vapor (banana oil/IAA); (2) saccharin solution aerosol; and (3) irritant
smoke (or stannic chloride). The banana oil test is based on individual sensitivity to smell,
the saccharin solution aerosol to taste. The irritant smoke method relies on taste, smell and
sensory irritation. Organic vapor cartridges are used in the respirator during the banana oil
test, while particulate and HEPA filters are worn during the saccharin and smoke test
protocols, respectively. Odor threshold screening must be performed if banana oil is to be
used to ascertain whether the subject can detect its odor.
Prior to having a qualitative fit test performed, the test subject must select the most
comfortable respirator available. According to OSHA regulations, three sizes of five models
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must be offered for selection. The respirator chosen must be worn at least 5 minutes to
allow the individual adequate time to evaluate the positioning of the mask on the nose,
mouth and chin, and to assess strap tension and slippage and determine overall comfort.
After this five-minute period, a positive and negative "fit-check" is performed. A negative
pressure "fit check" involves blocking the respirator inlets while inhaling. If air leaks into the
facepiece, the mask should be repositioned and/or straps tightened, and the negative
pressure fit check repeated. If no leakage is noted, a positive pressure test should be
performed. The positive pressure "fit check" involves blocking the exhalation valve and
breathing out slightly to determine whether air can leak out of the mask through the facepiece
seal.
The respirator must be worn for at least 10 minutes prior to fit testing in the challenge
atmosphere. During this time the wearer will move his/her head up and down and from side
to side in order to allow the respirator to seat properly.
Qualitative Fit Test Procedure
The subject shall enter the test chamber (Figure 9-1) located in a room
separate from the screening room where the "fit checks" and odor screening
were performed;
Hanqers
£ae.&e** hock
Figure 9-1. Qualitative fit test chamber.
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• The subject may be given a piece of paper towel or other porous absorbent,
single-ply material wetted with pure 1AA and instructed to hang it on a hook
at the top of the chamber. Alternatively, a nebulizer is used to introduce
saccharin aerosol into the test chamber, or a ventilation tube containing
stannic chloride or equivalent may be used to introduce irritant smoke.
• After the IAA, saccharin or smoke is introduced, the subject performs the
required fit testing exercises outlined in 29 CFR 1926.58, Appendix C.
• If, at any time during the test the subject detects the banana-like odor, tastes
the saccharin aerosol or detects the irritant smoke, a different mask
(manufacturer, size, material) should be tested until the individual passes the
test
The subject is instructed to perform the following sequence of exercises for a minimum of
1 minute each,
1. Breathe normally.
2. Breathe deeply. Be certain breaths are deep and regular.
3. 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 on the shoulders
as this may break the facepiece seal.
4. Nod head up and down. Inhale when head is in the full up position (looking
toward ceiling). Be certain motions are complete and made about every
second. Do not bump the respirator on the chest as this may break the
facepiece seal.
5. Talk aloud and slowly for several minutes. Reciting the Rainbow Passage
will result in a wide range of facial movements and be useful'in satisfying this
requirement.
RAINBOW PASSAGE
When the sunlight strikes raindrops in the air, they act . like a
prism and form a rainbow. The Tainbow 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.
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6. Jog in place.
7. Breathe normally.
The above procedure is essentially a pass/fail test that does not produce an absolute fit
factor. It is assumed that a user passing the test has achieved a protection factor (PF) of at
least 10 while wearing a respirator fitted with HEPA cartridges. Qualitative fit testing
should be performed prior to field use of the respirator and at least every 6 months thereafter.
Quantitative Fit Testing
Quantitative fit testing (Figure 9-2) is also conducted using a challenge atmosphere within
an enclosure, but a probe is attached to the respirator to allow sampling of the air inside the
facepiece. Both the air inside the facepiece and inside the test chamber are measured using
an electronic instrument that quantifies the test agent. The ratio of the two values provides
a "quantitative" determination (fit factor) regarding respirator fit.
Figure 9-2. Quantitative fit test.
Quantitative Fit Test Procedure
Select a respirator for comfort and proper "fit" as discussed under qualitative fit testing and
learn what procedures will be required during the test..
• Adjust selected respirator and conduct a negative and positive pressure test.
Wear respirator at least 5 minutes to seat the facepiece.
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• Conduct a qualitative fit test as previously described. (The test subject may
undergo a quantitative test only after passing a qualitative fit test).
• Once a stable challenge agent concentration in the test chamber is
established, enter chamber.
• Connect the facepiece probe and wait while the peak penetration of the
challenge agent concentration inside the mask is measured. (It must not
exceed 5 percent for a half mask or 1 percent for a full facepiece.)
• Be sure the challenge agent concentration inside the test chamber has
stabilized.
• Perform the following nine exercises as the concentration of the challenge
agent inside the facepiece is measured:
Breathe normally, without talking, for 1 minute.
Breathe deeply for 1 minute, taking care not to hyperventilate.
Slowly turn head from side to side between the extreme positions for
each side. Perform at least three complete cycles.
Slowly move head up and down between the extreme positions of
straight up and straight down. Perform at least three complete cycles.
Read the Rainbow Passage slowly and loudly.
Grimace, frown, smile and generally contort the face for at least
15 seconds.
Bend at the waist and touch toes. Return to upright position. Repeat for
at least 30 seconds.
Jog in place for at least 30 seconds.
Breathe normally, as before.
Fit Factor Determination
As the test subject performs the exercises, a strip chart recorder transcribes a trace
indicating percent penetration of the challenge agent for each exercise. (These test
measurements are maintained in a log known as the "fitting test record".) When the average
peak concentrations for all the exercises are added and divided into 100, the quantitative "fit
factor" is established.
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ROUTINE INSPECTION AND MAINTENANCE
Any organization using respirators on a routine basis must institute a written respirator
inspection maintenance and cleaning program. The purpose of this program is to assure that
all respirators are maintained at their original level of effectiveness. Most, if not all,
equipment manufacturers supply literature which lists the care and cleaning of their
respirator's components, including information on servicing. Replacement parts for
respirators must be those of the same manufacturer of the equipment Substitution of parts
from a different brand or type of respirator, or unauthorized modification could decrease or
cause a total loss of worker protection. Also, such substitution ofparts or modification will
invalidate the approval of the respirator, leading to violation of applicable regulations.
An important part of a respirator maintenance program is the continual inspection of the
devices. If properly performed, inspections wUl identify damaged or malfunctioning
respirators before they can be used. Respirator cleaning presents a good opportunity to
examine each respirator thoroughly. Respirators should be double checked after cleaning and
reassembly operations have been accomplished.
All respirators shall be inspected routinely before and after each use. Inspection shall
include a check of the tightness of connections and the condition of the facepiece, headbands,
valves, connecting tube, and canisters. Rubber or elastomer parts shall be inspected for
pliability and signs of deterioration. Stretching and manipulating rubber or elastomer parts
with a massaging action will keep them pliable and flexible, and prevent them from taking a
set during storage.
Routine Inspection Requirements
Whether used on a regular basis or not, all respirators should undergo routine inspection and
maintenance at least once a month to ensure that all essential parts are in place and
functioning properly. The following provides the minimum requirements for such inspection of
stored respirators and is not meant to eliminate the need for equipment checkout
immediately prior to use. Since different respirator manufacturers employ various designs,
their instructions or guidance should be followed when checking and maintaining respirators.
Air-Purifying Respirators
• For air-purifying respirators, thoroughly check all connections for gaskets and
"O" rings and for proper tightness. Check the condition of the facepiece and all
its parts (connecting air tube, headbands, etc.). Inspect rubber or elastomer
parts for pliability and signs of deterioration.
• Maintain a record for each respirator inspection, including date, inspector, and
any unusual conditions or findings.
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Supplied'Air Respirators
• Inspect self-contained breathing apparatus monthly. Make sure air and
oxygen cylinders are fully charged according to the manufacturer's
instructions. Determine whether the regulator and warning devices function
properly.
• Keep a record of inspection dates and findings for respirators maintained for
emergency use.
Maintenance of SCBA equipment is more difficult than supplied air or air-purifying
respirators, primarily because of the complexity of the valve and regulator assembly.
Because of this, all repairs or adjustments must be done by the manufacturer, by an
authorized repair facility or by a worker who has been trained and certified by the
manufacturer. Appendix B provides a set of SCBA checkout procedures for two different
types of SCBA. Refer to the manufacturer's instruction for details concerning a specific
SCBA model.
Cleaning and Disinfecting
Respirators should be cleaned after each use in accordance with the manufacturer's
instructions. This cleaning is usually done by the wearer if respirators are individually
assigned. If such is not the case, it is best to have one person responsible for daily cleaning
and inspection of respirators.
OSHA regulations specify that a respirator must be cleaned and disinfected as frequently as
necessary to insure that the wearer is provided proper protection. In asbestos abatement
operations, it is recommended that respirators be rinsed after each inspection and thoroughly
.cleaned and inspected at the end of each days' use. Each worker should be briefed on the
cleaning procedure and be assured that a clean and disinfected respirator will always be
issued. This is of greatest significance when respirators are not individually assigned.
The following general instructions may be helpful in cleaning and disinfecting the respirator.
• Remove all cartridges, canister, filters and gaskets or seals not affixed to their
seats.
• Remove headband assembly, straps, exhalation valve cover and cartridge
holders.
• Remove speaking diaphragm or speaking diaphragm-exhalation valve
assembly.
• Remove inhalation and exhalation valves.
• Wash components separately from the facemask.
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• Wash facepiece and breathing tube in cleaner/sanitizer powder mixed with
warm water, preferably at 120° to HOT. Most respirator manufacturers
market their own cleaners/sanitizers which are dry mixtures of a bactericidal
agent and a mild detergent. One-ounce packets for individual use and bulk
packages for quantity use are usually available. Remove heavy soil from
surfaces with a hand brush.
• Remove all parts from the wash water and rinse twice in clean warm water.
• Air dry parts in a designated clean area.
• Wipe facepieces, valves, and seats with a damp, lint-free cloth to remove any
remaining soap or other foreign materials. Reassemble respirator.
Storage
Follow the manufacturer's storage instructions. Instructions are always furnished with new
respirators or affixed to the lid of the carrying case. In addition, these general instructions
may be helpful:
• After inspection, cleaning and necessary repair, store respirators where they
will be protected from dust, sunlight, heat, extreme cold, excessive moisture,
or damaging chemicals. Note: Respirators should be thoroughly dried before
being sealed in any container for storage.
• Store respirators in a convenient, clean, and sanitary location. The purpose of
good respirator storage is to ensure that the respirator will function properly
when used.
• Do not store respirators in clothes lockers, bench drawers, or tool boxes.
Place them in wall compartments at work stations or in a work area
designated for emergency equipment Store them in the original carton or
carrying case.
• Pack or store respirators so that the facepiece and exhalation valves will rest
in the normal position. Respirators should not be hung by their straps. This
will ensure that proper function is not impaired by distortion of the respirator
or its straps.
FIELD INSPECTION AND CHECKOUT PROCEDURES
Immediately prior to use, a respirator must be thoroughly inspected by the individual who
will be using it. As a minimum, OSHA standards require that the respirators be inspected
for the following:
• tightness of all connections;
• integrity of the facepiece, valves, connecting tube, and canisters; and
• proper functioning of the regulator and warning devices on SCBA.
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Specific to each respirator type, the following should be performed each time the respirator is
used.
Air Purifying Respirator
• Examine the facepiece for scratches, cracks, tears, holes, distortion, excessive
or residual lint, dirt, etc.
• Examine facepiece seal to ensure that it is flexible and that there are no cracks
or tears.
• Examine filter cartridge holders for cracks, badly worn threads or missing
gaskets.
• Check head straps and harness for breaks, loss of elasticity, broken or
malfunctioning buckles, or excessively worn seirations.
• Determine the existence of inhalation and exhalation valves and examine them
for wear, foreign particles, cracks, tears, improper seating or installation, or
breaks or cracks in the valve body seating surface.
• Ensure that cartridges are the correct type. Cartridges must be from the same
manufacturer as the respirator and must be approved for use in an asbestos
atmosphere (type H, high efficiency filter, magenta color code).
• If the device has a corrugated breathing tube, examine for broken or missing
end connectors, gaskets or o-rings, missing or loose hose clamps, or
deterioration of the tubing.
• If respirator is a PAPR, determine whether the battery is fully charged, the
cartridges are properly connected, the fan is functioning properly, and
appropriate amounts of air are being delivered to the facepiece.
• Conduct a negative pressure test. With the respirator on and adjusted, block
the flow into inhalation valves and inhale. The facepiece should collapse
inward with no noticeable leaks.
• Conduct a positive pressure test. With the respirator on and adjusted, block
the flow from the exhalation valve and exhale. The facepiece should balloon
outward slightly with no noticeable leakage.
Self-Contained Breathing Apparatus (SCBA)
• Check the facepiece in a similar fashion as for air-purifying respirators.
• Check the air supply system for:
integrity and good condition of air supply lines and hoses, including
attachments and end fittings;
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correct operation and condition of all regulators, valves, and alarms; and
sufficient air charge in the high pressure cylinder for the use period.
Preferably, the tank should be fully charged.
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SECTION 10
PROTECTIVE CLOTHING
Protective clothing is worn during inspection of active asbestos removal projects for ease of
decontamination, comfort, and preservation of health. In order to stick to the steel decking or
other substrate, asbestos has commonly been combined with binders and adhesives. During
active removal, the water being used reactivates the adhesives making it very difficult for an
improperly clothed individual to remove any accumulation of the substance from his/her
clothing, skin, and hair.
Asbestos-containing materials, as mentioned above, typically are mixtures of several
substances. Contact with many of these materials may cause irritation or skin rashes and,
since asbestos itself is known to cause warts, wise individuals wear protective clothing in
the work area. The use of protective clothing will also prevent contamination of one's vehicle
and home environment, thus eliminating the possibility of jeopardizing one's own health and
that of family members.
The most common protective clothing worn in contaminated environments consists of
disposable coveralls, foot and head coverings, and gloves. These items are available in
many styles and materials. The advantage of a particular style depends on what type of
inspection is being conducted. Table 10-1 provides an approximate cost range for several
types of protective clothing.
The use of protective clothing during pre-removal, post-removal and outside inspection
situations will be a discretionary decision on the part of the inspector. In general, protective
clothing should be worn any time friable ACM is being disturbed or if there is any uncertainty
as to the adequacy of cleanup of an area. Protective clothing should be worn whenever
asbestos waste storage areas are inspected or if the inspector will be opening bags to
determine if the asbestos is adequately wet.
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TABLE 10-1. COST RANGE
Tyvek® ($)
Saranax ($)
Coveralls:
Attached hood and boots,
and elastic wrists
3.50- 6.00 ea.
13.00-16.50 ea.
With expandable back
19.00-23.50
27.00 - 30.00
Boots:
Latex boot
5.50- 6.50 pair
Glovaa:
Disposable vinyl
Polyethylene
Latex, without powder
PVC
0.17 ea.
0.02 ea.
0.19 ea.
0.32 ea.
Note: These costs are subject to change based upon supply and demand ratios.
RECOMMENDED PROTECTIVE CLOTHING FOR ASBESTOS INSPECTIONS
Inspectors should be prepared to wear the following protective clothing when entering a
removal, demolition, or renovation area:
a disposable, full-body, hooded outer coverall (e.g., Tyvek® or equivalent). A
coverall with an expanded back should be worn with an SCBA. In certain
cases, an inspector may be required to use specialty coveralls such as
Saranex-coated Tyvek® (chemical resistance) or Nomex (fire retardant).
a bathing suit (or equivalent) or an inner disposable coverall. When possible,
particularly when a changing or decontamination area is available, all street
clothing should be removed before donning protective clothing. When clothing
is removed, the inspector may choose to wear a bathing suit under the
protective clothing. If it is not possible to remove street clothing, the inspector
should roll-up pant legs and sleeves and don an inner disposable coverall.
disposable gloves (PVC or equivalent) taped to coverall.
disposable inner booties (e.g., Tyvek® or equivalent may be part of coverall).
disposable outer booties (water-resistant material) taped to outer coverall.
hard hats, safety glasses, safety shoes, hearing protection, when required by
the situation or by the owner/operator.
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OPERATIONAL PRACTICES FOR ENTERING AND EXITING SITES
The procedures for entering and exiting sites described in this section are a summary of
those described in the EHSD Health and Safety Guidelines for EPA Asbestos Inspectors,
and have been generalized to cover both the use of an air-purifying respirator and SCB A.
For a detailed description specific to each type of respirator, refer to Appendix C of this
manual.
Entering and Exiting Site with a Three-Stage Decontamination System
A three-stage decontamination system consists of a clean room, shower room, and
equipment zoom (sometimes referred to as a dirty room) contiguous with the active removal
area. The OSHA asbestos Construction Industry Standard (29 CFR 1926.58) requires the
use of this type of decontamination system for removal, demolition, and renovation projects
(detailed in Appendix F of the OSHA standard).
• Prior to Entering the Clean Room
Determine that the respirator is functioning properly.
Make sure that you have all materials and equipment necessary to
conduct the inspection safely (e.g., protective clothing, respirator, extra
plastic bags, spray bottle, disposable towels, flashlight, camera, etc.).
All materials carried into the contaminated area should be sealed in a
plastic bag to minimize contamination.
If you take a camera into the contaminated area, precautions must be
taken to minimize contamination and to decontaminate the camera when
exiting. Use of a waterproof camera or sealing a conventional camera in
an impermeable clear camera box will facilitate a more complete
decontamination.
• In the Clean Room
Remove all street clothing including socks and underwear. If desired,
wear a bathing suit (or equivalent), appropriate footwear (sneakers,
steel toed shoes, etc.) and inner disposable footcoverings. The inspector
should leave his/her clothes in a clean sealed plastic bag to protect
against accidental contamination by abatement workers. Any equipment
not taken into the contaminated area should also be placed in the plastic
bag.
If an SCBA will be used, close the air flow valve and don the SCBA; let
the respirator facepiece hang from the neck by the strap.
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Don disposable, full-body, hooded coverall (e.g., Tyvek® or equivalent).
If using an SCBA, wear a coverall with an expandable back or oversize
(XXL) Tyvek® over the SCBA.
Don disposable outer boots and seal to outer suit with duct tape.
(Tyvek® booties will rip quite easily once they become wet. The
inspector may wear disposable rubber boots or reinforced rubber boots).
Fit respirator facepiece to face. Perform negative and positive pressure
field checks for air-purifying respirator. For SCBA, open air valves and
adjust facepiece straps.
Fit the coverall hood snugly around the respirator facepiece and zip up
coverall. Use duct tape to close gap at neck if desired.
Don disposable gloves; use duct tape to seal them to the coveralls.
Proceed through the shower area and equipment room and into the work
area; disposable towels and soap may be left behind in the shower area).
Conduct the inspection.
Before Leaving the Contaminated Area
HEPA vacuum (if possible) any visible debris from protective clothing
and sample containers, sampling equipment, and any other items which
are being taken out of the work area. Proceed to the equipment room.
In the Equipment Room
If possible, decontaminate all non-disposable equipment including
footwear at the site. If not, seal all contaminated non-disposable
materials in a plastic bag and take them with you to decontaminate at a
later time.
While still wearing the respirator, carefully remove the outer booties and
gloves and take off the coveralls, rolling them inside out in the process.
Place all contaminated protective clothing in a properly labeled waste
disposal container.
If a PAPR or an SCBA is worn, removal of protective clothing can be
awkward since the respirator must continue to function. For a PAPR,
remove the belt and harness on which the motor and filter mount and hold
while removing coveralls and proceed to the shower. For an SCBA,
carefully remove coveralls, lower the tank assembly to the ground or
balance it between your legs and proceed to the shower.
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In the Shower Area
For negative pressure respirators, take a deep breath and thoroughly
shower your head with the respirator on; remove respirator and clean it.
Dispose of HEPA filter cartridges as asbestos-containing waste.
For PAPRs or SCBA, hold battery and mechanical parts away from
shower water while rinsing your head and the respirator facepiece.
Remove the respirator facepiece and then wet-wipe the other
components of the PAPR or SCBA. Dispose of HEPA filters as
asbestos-containing waste.
If wearing a bathing suit, remove and thoroughly rinse it and place it in a
plastic bag. Finish showering, thoroughly washing the entire body with
soap and water.
Proceed to the clean room.
• In the Clean Room
Dress in street clothes.
Entering and Exiting Sites Without a Three-Stage Decontamination System
Often inspections are required at sites where a three-stage decontamination system is not
available. When confronted with such a site, the inspector must use his or her judgment
regarding the safest method of conducting the inspection.
• Before Entering the Contaminated Area
Make sure the respirator is operating properly.
Make sure you have all materials and equipment necessary to conduct
the inspection safely (e.g., protective clothing, respirator, disposable
towels, extra plastic bags, spray bottle, flashlight, camera etc.).
Materials carried into the work area should be sealed in a plastic bag to
minimize contamination.
If you take a camera into the contaminated area, precautions must be
taken to minimize contamination or to decontaminate the camera. Use of
a wateiproof camera or sealing a conventional camera in an impermeable
clear camera box will enable more complete decontamination.
Leave all street clothing on. Short-sleeve shirts and short pants are
preferable. If you are wearing long pants or long sleeves, roll them up.
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Don an inner disposable coverall and inner booties (e.g., Tyvek® or
equivalent) over street clothes.
If an SCBA will be used, close the air flow valve and don the SCBA; let
the respirator facepiece hang from the neck by the strap.
Don the PAPR.
Don outer disposable coverall. Wear coverall with an expandable back if
an SCBA is used, but do not zip it up. (An oversize (XXL) Tyvek® suit
may substitute for an expandable back suit).
Don disposable outer boots; use duct tape to attach the boots to the
outer coverall. (Tyvek® booties will rip quite easily once they become
wet. Disposable rubber boots or reinforced rubber boots may be used).
Fit the respirator facepiece to the face, open the air valve of the SCBA
and tighten the facepiece straps. If an air-purifying respirator is used,
conduct negative pressure and positive pressure field tests.
Fit the coverall hood snugly around the respirator facepiece and zip up
the coverall.
Don disposable gloves; use duct tape to seal gloves to the outer coverall.
Proceed into the work area.
Conduct the inspection.
Before Leaving the Contaminated Area
Standing near the exit, HEPA vacuum (if possible) and wet wipe all
visible debris from the outer protective clothing (use a spray bottle
containing water and disposable towels to wet wipe the suit; use plenty
of water). Standing at the doorway inside the work area, remove outer
protective clothing, roll the coveralls inside out, and immediately step
outside the area. Place the suit in a labeled waste container.
Outside the Contaminated Area
Thoroughly wet wipe and mist spray the respirator and inner disposable
coverall. Move away from the doorway and remove the inner protective
clothing. Place the disposable coverall into a labeled waste container.
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Wet and seal all contaminated non-disposable materials in a plastic bag
and take them with you to decontaminate later.
DISPOSAL OF CONTAMINATED CLOTHING
Contaminated or potentially contaminated protective clothing worn during asbestos
inspections should be discarded as asbestos-containing waste. These materials include the
coveralls, disposable boots, disposable gloves, respirator cartridges, and any other
miscellaneous materials such as paper towels or wet wipes. Usually, inspectors can discard
their contaminated clothing in labeled, sealable waste containers provided by the
owner/operator. Since the owner/operator must treat the waste disposed in this container as
asbestos-containing, the inspector can assume that the material he or she discards will be
disposed of properly. Although this procedure is generally acceptable, it is always a good
idea to obtain permission from the owner/operator before discarding contaminated clothing.
There will be cases, however, when disposal of contaminated clothing will present a problem
to the inspector. For example, the inspector may be conducting an inspection where the
owner/operator is not properly disposing of waste or where permission to discard inspector
waste is not granted. In such cases, proper handling and subsequent disposal of
contaminated clothing becomes the responsibility of the inspector. It is important, therefore,
that the inspector come to the site prepared for such instances and that policies exist within
his/her agency to deal with asbestos-containing waste.
Contaminated clothing must be placed in sealed plastic bags before leaving the site. The
inspector should carry disposal bags with him/her. Preferably, these bags should be pre-
labeled, sealable waste containers, but plastic trash bags will serve the purpose provided
that they are eventually placed in labeled bags before final disposal. The exact procedures to
follow in handling the bagged waste and ultimately disposing of the material is up to the
policy of the regulatory agency.
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SECTION 11
ASBESTOS NESHAP INSPECTIONS LEGAL PERSPECTIVES
The following legal guidelines advise inspectors on who is subject to the asbestos NESHAP,
the authority for inspections, the enforcement options for regulators, and the legal
requirements for evidence. This material was obtained from EPA's strategy document and
interaction with EPA attorneys. Further legal questions should be addressed to Regional
Counsels or to counsel for the state or local enforcement agency.
GENERAL INFORMATION
Owner or Operator
In the general provisions of 40 CFR Part 61, National Emission Standards for Hazardous
Air Pollutants (NESHAP), "owner or operator*' is defined as:
"any person who owns, leases, operates, controls or supervises a stationary
source" (any building, structure, facility, or installation which emits or may
emit any air pollutant which has been designated as hazardous by the
Administrator).
Within Section 61,141 (Definitions) of Subpart M of the NESHAP regulation, the term
"owner or operator" is redefined specific to demolition or renovation activities. "Owner or
operator of a demolition or renovation activity" means:
"any person who owns, leases, operates, controls or supervises the facility
being demolished or renovated or any person who owns, leases, operates,
controls, or supervises the demolition or renovation operation, or both."
Since this definition applies to both the facility owner or operator and demolition or
renovation contractors hired by the owner or operator, both are considered legally
responsible in the event of noncompliance with the asbestos NESHAP. (Any other
individuals such as hygienists, electricians, plumbers, etc. hired either by the facility owner
or operator or demolition or renovation contractor are also subject to the regulation's
requirements and thus legally responsible as well.) It has been EPA's policy, however, to
cite both the facility owner and the demolition/renovation contractor for violations of the
asbestos NESHAP seen at demolition or renovation worksites.
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In addition to the above responsible parties, Section 61.154 (Standard for active waste
disposal sites) of Subpart M notes that "each owner or operator of an active waste disposal
site that receives asbestos-containing waste material" from mills, demolition or renovation
operations, or conversion operations must comply with the waste disposal provisions of the
asbestos NESHAP.
Such owners or operators may thus be cited and held legally responsible for violations seen
at active waste disposal sites.
Authority for Inspections
• Statutory authority for inspection is under Section 114 of the Clean Air Act.
• Allowed activities during inspection include sampling, photography and visual
observations. The inspector need not be a certified visible emission observer
to judge whether there is an emission.
• If denied access to a facility, an inspector may apply for a warrant to perform
the inspection. In order to obtain a warrant the agency should show either
that the inspection is scheduled under a "neutral" inspection format, or that
there is probable cause to suspect violations of the subject source. The
agency must obtain the exact street address of the site and name of the owner
in order to have a warrant issued.
• An inspector discovering obvious violations of the asbestos NESHAP during
an inspection is not empowered by EPA to order a work stoppage to curtail
asbestos emissions. This order must be made, when necessary, at the level
of a Division Director. Other orders may be feasible under the power of local
health agencies.
Enforcement Options
• These options were previously summarized in Section 2 "National Regulatory
Strategy". The enforcing agency has the option of pursuing informal action,
administrative action, or judicial action to remedy ongoing violations and/or
deter future violations. Informal or administrative actions are typically the
easiest to perform; however, EPA intends for all delegated agencies to assess
penalties for violations and this generally requires judicial actions.
• The source, due to improper waste disposal, may also be subject to regulation
under RCRA and/or CERCLA, so air and hazardous waste enforcement
personnel should coordinate their actions, if applicable. (Note that the
AHERA legislation of 1986 established interim requirements for transport and
disposal by reference to Chapters 4 and 5 of EPA's "Asbestos Waste
Management Guidance" EPA/530-SW-85-007).
• Other types of relief may be sought besides monetary compensation. For
example, in United States versus Cleveland Wrecking Company, the Consent
Decree included the following provisions:
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If there is uncertainty as to whether FAM is present at a demolition or
renovation site, the defendant will conduct sampling and analysis prior to
commencing work activities which would disturb such material.
Supervisors knowledgeable about asbestos dangers and regulations are
required at each worksite where FAM is present.
Inspection access is allowed to EPA representatives for all of the
defendant's worksites for a period of 3 years. Note: EPA has a model
consent decree that can be used as guidance. A copy is attached in
Appendix E of this manual.
TYPES OF EVIDENCE
Bulk Samples
• Sampling is critical because this is the only positive proof that materials
contain asbestos.
• Inspectors must use chain-of-custody forms and quality assurance procedures
to ensure that samples are traceable and, therefore, permissible as evidence in
court.
• The Clean Air Act does not specifically state whether samples should be split
with the site owner or operator, although this is required under RCRA.
Sample splitting is advised when the owner/operator requests it, in order to
encourage good relations between the agency and source.
• Shelf life is not an issue for asbestos bulk samples.
Admissions
• Admissions of illegal activity from owners or operators, or their
representatives and employees, are vital to refuting arguments typically made
by the defendants when subject to penalties. The following questions should
be posed to site personnel during the initial inspection:
Has the owner/operator ever engaged in removal of FAM prior to the
current activity?
Is the owner/operator aware of EPA regulations governing removal of
FAM? Are wetting, bagging, etc., being performed?
Did the owner/operator search the current work site for FAM prior to
startup of work activity? How was the search conducted?
Are current dust emissions (if seen) believed to contain asbestos?
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• Contractors may divulge such information willingly due to concern for their
health or ignorance of the regulations. While an admission may not always be
conclusive proof of a violation, it may be used to question the credibility of the
defendant(s) if subsequent contradictory statements are made.
Photographs
• Used to help familiarize legal, nontechnical personnel with site activity and to
refresh the memory of the inspector.
• Date and describe photo subject on the back of each print. A log should be
used or frame numbers recorded on the inspection form, particularly if different
sites are photographed on the same roll of film. Since defendants in future
legal proceedings will often attempt to establish doubt of credibility regarding
traceability of photographic prints, inspectors are advised to take pictures of
only one site per roll.
Observations
• Record observations, relevant statements by site personnel, and visible
emissions of dust to the atmosphere, on inspection forms. Cases may not
develop for-1-2 years at which time you will be asked to recollect all your
observations.
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SECTION 12
OTHER SAFETY CONSIDERATIONS IN ASBESTOS WORK
Because the inspection environment for evaluating compliance with 40 CFR Pan 61, Subpart
M is usually a building awaiting demolition or in some stage of renovation, increased
asbestos exposure is only one of the many hazards an inspector may encounter on the job.
This section enumerates the risks associated with worksite conditions and recommends
safety procedures inspectors should follow.
HEAT STRESS
All forms of heat illness are caused either directly or indirectly by the body's attempt to
maintain its normal temperature of 98.6°F. Physical activity causes an increase in the
body's metabolic rate, thereby increasing body temperature. The body attempts to dissipate
heat via sweating. The loss of water and electrolytes via perspiration is the main factor
responsible for all forms of heat stress. These include heat cramps, heat exhaustion, and
heat stroke.
Heat cramps are painful muscular contractions of the arms, legs, hands, and trunk. They
typically affect the lower legs first and are always preceded by marked sweating. Treatment
consists of leaving the hot area and replenishing liquids to the body.
Heat exhaustion usually results from dehydration. The individual becomes pale, has cold,
clammy skin and is weak to the point of exhaustion. Other symptoms which may appear
include headache, nausea, vomiting, muscle cramps, diarrhea and giddiness. The blood
pressure is low and the body temperature may be above or below normal. There is no
increase in the body core temperature. If heat exhaustion occurs, the individual should rest
in a cool area and drink ample fluids.
Heat stroke occurs when the body's sweating mechanism shuts down entirely. The skin
becomes hot and dry and the body temperature quickly rises. The afflicted person must be
cooled down immediately and, if conscious, encouraged to drink cool liquids. Medical help
must be sought, for the condition may progress to delirium, stupor, unconsciousness,
convulsions, deep coma or even death (30-50 percent of all cases!).
Heat stress can be prevented almost entirely by taking a few simple precautions. Since
dehydration is the main contributing factor to its development, adequate fluid intake is
essential. Plain water is the be£t liquid, but fruit juices (not fruit drinks, which contain
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inordinate amounts of sugar and may cause excessive thirst), may also be used. One should
avoid all forms of alcoholic beverages, tea, coffee and other drinks which may contain
caffeine, for they are diuretic.
Use of electrolyte replacement drinks is not recommended, for they are not necessary.
Peoples' diets nowadays supply vast amounts of electrolytic substances; therefore, it is
highly unlikely that anyone, even with profound perspiration, will suffer from a deficiency of
them. Additionally, it has been determined that die use of such fluids actually slows down
the absorption of water from the stomach into the bloodstream, thus retarding the desired
effect.
Other measures that can be taken to reduce the possibility of developing heat stress include
use of PAPR or S AR (to help cool the face and lungs), increased local exhaust ventilation
and gradual acclimatization to the hot environment.
It is recommended that for any inspection lasting more that 15 minutes in an atmosphere of
70 degrees F or higher, the inspector should follow the recommendations found in the NIOSH
Interagency Document on Health and Safety Guidelines for Hazardous Waste Workers.
CLIMBING HAZARDS
In demolition/renovation jobs, railings and other structures may not be properly secured. In
some cases they may have been removed altogether as salvage. The wearing of a respirator
may reduce the vision of an inspector thereby creating more need for caution when climbing.
The basic safety procedures for scaffolding, ladders and stairways follow.
Scaffolding
Both scaffolding and ladders are commonly used in asbestos removal projects. Most
asbestos renovation projects will involve the use of both stationary and mobile scaffolding.
OSHA standards require that when free-standing mobile scaffolding is used, the height must
not exceed four times the minimum base dimension. This requirement is based on the fact
that scaffolding is easily turned over. For mobile scaffolding on which workers can ride, the
minimum base dimension should be one-half the height OSHA also has established
standards regarding guardrails, kickboards, and planking overhand.
Ladders
As an inspector, one should simply use common sense. Be sure stepladders are used only
when fully opened and always face the ladder when using it Check to see that all the steps
are in good condition and never stand on the top step.
Extension ladders should be examined for missing safety feet and proper (1:4) lean ratio
before use. Such simple precautions can prevent serious injury.
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WORKING SURFACES
Standard preparation of a worksite involves the placement of polyethylene sheeting on the
floor. The use of amended water, often used to ensure the safe removal of asbestos, makes
the floor very slippery, so great care must be taken by the inspector.
Additionally, the disposable boots worn by the inspector, air lines and electrical cords, bags
of waste, stripped asbestos and other debris present a tripping hazard to the inspector.
High humidity inside the work area may make visibility poor. Since overhead pipes, wires,
etc., may not be so apparent, the inspector should exercise additional caution when working
in such ail environment.
ILLUMINATION (LIGHTING)
General areas involving asbestos abatement activities require at least 5 to 10 foot-candles
of illumination. Office areas, by contrast, require an illumination level of approximately 30
foot-candles. Inspections during active removal will have the best lighting since the workers
need it to properly clean the asbestos-coated surfaces. However, pre-removal or post-
removal inspections may be done with no electrical lighting available. In order to see above
suspended ceilings or into crawl spaces, etc., an inspector will need to use a powerful,
waterproof flashlight.
Hazards of poor lighting include risk of head injury from suspended objects such as low
hanging pipes, light fixtures, etc., and other injuries due to tripping or falling over objects on
the floor.
ELECTRICAL SAFETY
One of the most common hazards, and one that gives the least warning, is electricity.
Incorrect wiring, improper grounding, and lack of proper shielding result in 1,000 people each
year being electrocuted. Many of these fatalities result from contact with only 120 volts.
The use of wet methods when removing asbestos increases the potential for electrical shock,
especially when a person is working around electrical panels, conduit, light fixtures, alarm
systems, junction boxes, computers, transformers, etc. In a typical removal project, the
power to the worksite has been locked out at the box and temporary ground- fault-
interrupted electricity wired in.
Where injury may be caused by electrical hazards and heat sources, protective gear
(helmets, insulated gloves, etc.) should be worn.
The following is a listing of procedures that can reduce the risk of electrical shock:
• Have the site foreman escort you and explain how the electrical system has
been ground faulted (as required by OSHA).
• Use non-conductive sample collection devices (wood, plastic, rubber).
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• Use extreme caution when inspecting around energized wiring or equipment.
• Use care not to break through insulated coverings during inspection activities.
• Avoid accumulated water if an electrical wire or extension cord is lying in or
near it.
• Consider electrical equipment and lines to be energized unless tested and
determined firsthand otherwise.
FALLING/FALLEN OBJECTS
Where there is a possibility of head injury from impact or from falling or flying objects,
inspectors should wear head protection which meets ANSI Z89.1-1969 safety requirements
for industrial head protection.
STRUCTURALLY UNSOUND BUILDINGS
An inspector should determine, prior to entering a building, whether all or part of a building is
structurally sound and safe to enter. Older buildings undergoing renovation may have stairs
or floors in danger of collapse. If floors or stairs seem unsafe, the inspector should vacate
the area immediately taking care to walk along the outer edge of the floor or stairs where
there is more support.
MISCELLANEOUS HAZARDS
Chemical Hazards
Some asbestos demolition/renovation activities may be conducted in older buildings that
have had chemicals stored onsite. An inspector should be aware of items such as PCBs from
transformers or hazardous chemicals from manufacturing operations. Also, the use of spray
poly generates an intense ammonia smell that may irritate an inspector whose respiratory
protection does not provide ammonia filtration.
Inspectors visiting abatement worksites where solvents are being used to aid in the removal
of floor tiles should wear knee-high rubber boots to avoid a dermatitis reaction to the
chemicals in use. Although dermatitis may not occur following initial contact with the
chemical (liquid or fumes), subsequent exposure may result in a severe reaction.
In situations where dry ice is being used to heip remove floor tiles, inspectors should realize
that unless good ventilation is provided, carbon dioxide being released may displace the
oxygen in the room. An SCBA must be worn under such conditions.
Biological Hazards
An inspector entering abandoned buildings or confined spaces during an inspection should be
aware that rats, stray dogs, poisonous spiders and snakes, bats or other creatures (including
dangerous humans!) may reside there. Harmful insects and animals and bird feces are
additional hazards inspectors may encounter.
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An inspector's equipment should include a first aid kit containing supplies appropriate for
medical emergencies which may arise.
Lack of Oxygen
In rare situations, there may be oxygen-deficient areas in crawl spaces or other areas with
little or no ventilation. An S AR is the only respirator appropriate for such areas.
Painted Skylights
Inspectors should be aware that there have been situations where roof skylights, flush with
the roof, have been painted, thereby becoming indistinguishable from the rest of the roof.
Stepping on such area can break the glass and cause serious injury.
Claustrophobia
An inspector, perhaps wearing a body-enclosing plastic suit and SCBA may enter a confined
area and become claustrophobic. Subsequent panicky behavior may cause severe injury not
only to the inspector but to other individuals as well. One should discontinue the inspection
if claustrophobia occurs.
Noise
Inspectors should carry hearing protection with them as standard equipment and use it when
necessary.
Machinery Hazards
Inspectors should take adequate safety precautions when visiting sites where power
washers, shredders or high-powered vacuum machines are in use.
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SECTION 13
PRE-INSPECTION PROCEDURES
In-office activities of a NESHAP inspector prior to onsite inspections ensure smooth field
inspections. Specific activities include reviewing notifications, tracking non-notifiers and
preparing inspection equipment. Specific details are presented below.
Review Notification
The notification should be reviewed for completeness relative to the requirements of
61.145(b). When scheduling an inspection, an inspector should focus particular attention on
the following details:
• Location of the facility;
• Schedule for demolition or renovation; and
• Quantity of friable, nonfriable having the potential to become friable, and
nonfriable ACM (to determine applicability of the asbestos NESHAP).
Asbestos removal operations at schools should be coordinated with the Regional Asbestos
Coordinator, if possible, to check for compliance with AHERA and WPR regulations.
Identifying Non-Notifiers
The worst-case violation of the notification requirements of 61.145(b) would be the complete
failure to notify. The following techniques can be used by inspectors to identify non-notifiers:
Respond to complaints from the general public, employees, or competitors who
may have recognized a very low bid award. Also, use cross-referral
information from other Federal, State and local agency inspectors.
• Drive by the site enroute to or from other inspections while the
demolition/renovation appears to be in progress. The presence of a roll box for
disposal of construction debris is strong evidence of demolition/renovation
activities.
• Observe trucks entering a landfill and question their origin if suspected
asbestos debris is on board. Regularly conducting inspections at landfills to
review asbestos receiving records will also provide information on contractors
who have notified.
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• Review demolition or renovation permits written by the local building
department.
• Review trade journals, newspapers, etc., for ongoing or past projects.
Preparation of Inspection Equipment
In order to ensure the most efficient and complete inspection possible, an inspector must
gather and pack all equipment necessary for the inspection. A detailed list of equipment and
explanations of the purpose of each item follows. A checklist is provided in Appendix D for
the convenience of inspectors.
Copy of Notification—If notification has been provided, it should be available
to verify the accuracy of information required to be included under 61.145.
Protective Equipment—The EHSD guidance recommends that the following
items be used by asbestos inspectors (refer to Sections 7 and 10 for further
details):
respirator(s)
disposable full-body, hooded coveralls
disposable gloves
disposable inner and outer booties
hard hat
safety shoes
duct tape
liquid soap
disposal towels
bathing suit (or equivalent)
Employee Identification—Proper credentials to prove authority for performing
the inspection, and any certification cards of respiratory fit-testing or medical
monitoring.
Copy of Asbestos NESHAP Regulation—Helps resolve disagreements if the
owner/operator is unfamiliar with regulations; it is advantageous to leave a
copy with the owner/operator.
Bound Notebook and Writing Implements—Note that inspectors should take
notes and fill out checklists to every extent possible before entering the
removal area. (Note: in some situations, it may be critical to enter the work
area quickly to assess potential violations; in these cases the checklist and
notebooks can be filled out after the inspections). Where practical, leave the
notebook and checklist outside the contaminated area and fill out immediately
after decontamination. Alternatively, plastic clipboards, plastic transparency
sheets and waterproof pens or divers' underwater writing materials, all of
which can be decontaminated, may be used.
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Field Data Collection Checklists—Checklists are useful as a reminder of the
baseline information needed for all inspections. See Appendix D for a copy of
a representative checklist
Camera (with flash)—Take photographs of sample locations and visible
emission sources. Waterproof cameras are convenient when wet removal is
occurring, and decontamination is required.
Flashlight—Work may be conducted in areas with inadequate lighting such as
basements, above drop ceilings, and buildings in which the electricity has been
turned off.
Binoculars—Necessary for offsite observations.
Tape Measure—Inspectors should carry tape measures so that they may
accurately quantify the amounts of friable ACM. As an alternative, an
inspector may pace off distances and estimate distance based on a previously
measured pace.
Chain-of-Custody Forms and Labels—These forms and labels allow
inspectors to properly distinguish each sample and to maintain a record of
sample possession and transfer.
Shipping Supplies—Samples may be sent to a laboratory from the field.
Sampling Equipment—The following equipment and materials are used for
bulk sample collection (refer to Section 17 for further details):
sample containers
water spray bottle
adhesive tape
tools (knife, tweezers, coring device, etc.)
drop cloth
wet wipes
plastic bags
glovebag (for those situations where bags are opened outside the
containment area)
disposable towels
Extra fresh batteries - for camera and flashlight
Business cards
Building diagrams (if available)
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SECTION 14
ONSITE FACILITY INSPECTIONS
Onsite facility inspections provide the foundation for all asbestos NESHAP enforcement
actions for substantive violations and therefore are critical to enforcing NESHAP. Onsite
inspections are also used to determine whether potential AHERA or WPR violations exist.
(Field Inspection Checklists are included as Appendix D to this document.)
In most cases it is necessary for the inspector to enter active removal areas to determine
compliance and to collect evidence of non-compliance. Due to irregularly scheduled asbestos
removal, inspectors may find themselves conducting a pre-removal inspection if a job is
delayed, or a post-removal inspection if a job is completed ahead of schedule. The following
provides step-by-step inspection procedures common to pre-removal, active removal, and
post-removal inspections. All inspections for the asbestos NESHAP are intended to be
unannounced.
PRE-ENTRY REMOTE OBSERVATIONS
The pre-entry observations (which may be conducted remotely using binoculars) enable the
inspector to determine the location and type of activities in progress. Additionally, pre-entry
observations provide the inspector with information regarding the appropriate safety
equipment to use. Upon arriving at the site, an asbestos inspector should do the following:
• Look for visible emissions to the outside air (from window, doors, etc.).
• Look for suspected asbestos-containing debris outside the removal area.
• Observe waste storage areas (dumpsters) and evaluate the quantity and
condition of the waste created.
• Note land use surrounding the site in order to assess exposure liabilities. Are
there residences, schools, playgrounds, etc. nearby? (Draw a land-use
diagram in the field notes.)
• Attempt to establish the magnitude and location of the asbestos project within
the facility.
• Sketch the general site layout and areas to be inspected. Verify that all
pertinent locations are incorporated into the inspection plan.
• Check safety equipment. Hie EHSD Health and Safety Guidelines for EPA
Inspectors states that EPA employees should use only EPA- owned
respiratory equipment that they have been specially trained and fit-tested to
use.
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Observe trucks being used to haul suspect ACWM. Are they properly
marked?
PRE-ENTRY INTERVIEW
During the pre-entry interview, it is critical that discussions are properly documented. They
may later be considered admissions of guilt if violations are detected. The following steps
should be followed once an inspector arrives onsite:
Request to see the owner/operator or site foreman.
• Show identification credentials and explain the authority and purpose of the
inspection. (State and local agency inspectors may need to cany specific
licenses or certifications.)
• Discuss the inspection procedure:
photographs
samples
• If denied entrance, do not be forceful. Simply explain that the authority for this
type of inspection is explicitly given in Section 114 (a)(2) of the Clean Air Act
which states that EPA inspectors shall:
"...have a right of entry to, upon, or through any premises in
which an emission source is located../'
Also state that:
the agency's regulatory attorney will be informed and, if necessary,
the agency will apply for a warrant to gain entry.
Show medical monitoring credentials. In some instances, a facility
owner/operator may demand to see proof that an inspector is meeting the
requirements of the OSHA medical monitoring program. Because this is a
reasonable request, inspectors are advised to cany an agency medical
monitoring credential. (Note: EPA personnel are not specifically subject to
the OSHA standard; however, they are subject to the EHSD guidelines which
stipulate similar requirements.)
Review the notification.
Sign no waivers. It is EPA's policy that liability waivers never be signed.
Other inspectors should refer to the specific policies of their State or local
agencies.
Establish the identities of all responsible individuals, from the person being
interviewed to the building owner. Also document the name and title (and
address, if possible) of all parties interviewed during the inspection.
(Collecting business cards of these individuals is a good practice.)
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• Determine a logical sequence for the site inspection to promote its overall
efficiency. Determine if there are any safety considerations in addition to
those already anticipated.
Interview Questions
During the interview inspectors should attempt to gain an understanding of the procedures
being employed onsite to minimize asbestos fiber release. Inspectors should ask both
general and site- specific questions, examine on-site documents and observe work practice
procedures outside the work area in order to choose appropriate personal protective
equipment (pursuant to the EHSD Guidelines - see Section 7) and to determine preliminary
compliance with NESHAP, AHERA and the WPR. Answers to the following may become
valuable evidence in the event violations are detected.
General Questions
• Has the owner/operator ever engaged in removal of asbestos before?
• What formal training has the owner/operator or his staff had regarding the
handling of asbestos?
• What is the owner/operator's understanding of the NESHAP requirements for
the handling of asbestos during removal?
Site-specific Questions
• Has removal work begun? (If not, is all ACM intact, undisturbed and
undamaged, and no debris present?)
• Is there a written respiratory protection program and are respirators being
used?
• Is the work area completely enclosed with plastic sheeting or equivalent?
• Have all the ventilation systems that have components in the envelope been
shut off?
• Are all vents in the work area taped shut?
• Are decontamination means, including shower facilities, in place?
• If glove bags are being used:
Is secondary containment which is under negative pressure in place?
(OSHA 29 CFR 1926.58 requires that "wherever feasible, the employer
shall establish negative pressure enclosures before commencing
removal, demolition and renovation operations.)
Are the glove bags themselves under negative pressure? (A special
attachment to a HEP A vacuum may be used to create a reduced pressure
atmosphere within the bag while the removal takes place.. Secondary
containments most likely will not be used in this case.)
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• What kind of asbestos is being removed? (Is it capable of being adequately
wetted?
• Are wet methods being used (i.e. no dry scraping, wire brushing of dry
materials, nor sweeping or other handling of dry debris)?
• Is amended water being used to wet the ACM? (Check to see that amended
water is onsite outside the envelope.)
• If wet methods are not being used, what emission control methods are being
used?
• Are power tools being used to remove ACM?
• Are employees removing ACM appropriately (i.e., using dust-tight chutes, not
dropping materials to the floor, etc.)?
• Has a waste disposal permit been received? (not required by NESHAP)
Document Examination
• Do existing monitoring data indicate that asbestos fibers in the work area do
not exceed 2.0 f/cc?
• Do records on site show that all employees have been trained as required by
OSHA, State and local authorities?
• Do records show that project employees have been given medical exams,
including a determination that they are fit to wear respirators?
• Has the area already passed an appropriate clearing test (minimum of
aggressive sampling with a concentration below 0.01 f/cc by PCM)?
• Is there information posted and available for inspection documenting that at
least one on-site representative has received training in the provisions of the
NESHAP regulation? (This requirement is effective 1 year after promulgation
of the revised NESHAP.)
Pre-entry Worksite Observations
• Are warning signs posted?
• As a minimum, have all envelope entrances been constructed as a double
entry system (usually two or three sheets of plastic draped between each
stage of the entry system)?
Are all barrier seals intact with no dust or debris coming from the removal
area?
• Is there any dust or debris that is potentially asbestos- contaminated present
on any surface in the area?
• Are adequately labeled containers being used in the disposal of ACM?
• Have materials removed from the envelope been cleaned?
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• Is there a clear and clean pathway for the removal of bags and
• equipment?
PRE-REMOVAL INSPECTION
Facility inspections conducted prior to commencement of asbestos removal do not enable the
inspector to fully evaluate the owner/operator's compliance with the asbestos NESHAP.
However, if an inspector does arrive onsite prior to removal, useful information can be
gathered. In this case, the principal objectives are to verify that the asbestos NESHAP is
applicable, and to gain a sense of the owner/operator's ability to remove the asbestos
appropriately.
As with any inspection, safety must be considered before the inspection begins. The specific
safety requirements will be left to the discretion of the inspector. As a general rule,
however, if any friable ACM or nonviable ACM in poor condition is being disturbed, the
inspector should treat the inspection as an active removal situation and follow the suit-up
procedures in Section 10.
The following summarizes inspection activities relative to NESHAP requirements. The
entire NESHAP text can be found in this manual as Appendix A.
Applicability (61.141,61.145)
• Verify that the site meets the definition of a facility:
"any institutional, commercial, public, industrial, or residential
structure, installation, or building (residential buildings having
four or fewer dwelling units are excluded); any ship; and any
active or inactive waste disposal site."
• Determine whether the activity is classified as a demolition or renovation.
• Measure the amount of ACM that is scheduled to be disturbed to determine if
the minimum quantity of 260/160/35 is exceeded.
Notification [61.145(b)]
• Determine whether a notification exists and, if it does, verify that the
information conveyed verbally during the inspection agrees with the
information provided in the notification.
• Determine if the amount of ACM designated by the owner/operator for
removal is accurate relative to the amount that the inspector thinks will
potentially be disturbed during the demolition or renovation.
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Planned Emission Controls [61.145 (c)]
Observe equipment onsite and elicit verbal explanations of planned emission control
procedures to ascertain whether the owner/operator is sufficiently equipped and
knowledgeable to meet the wetting and handling requirements of 61.145 (c). Consider the
following:
• Will water and wetting agents be available for wetting ACM before removal and
maintaining it in a wet condition until it is collected for disposal?
• If wet methods will not be used, what emission control methods are planned?
• Will ACM be removed or stripped more than 50 feet above ground level? If so,
how will it be brought down?
Be aware that the asbestos NESHAP allows exemptions from removal, stripping, wetting,
and packaging of ACM in certain situations. A detailed description of these exemptions can
be found in "Emission Controls" of the ACTIVE REMOVAL INSPECTIONS portion of this
section.
Disposal Techniques (61.150)
Although several waste disposal options are delineated by the asbestos NESHAP, most
owner/operators choose to remove ACM and package it for off-site transport. Inspectors
should determine the following:
• Are leak-tight containers or wrapping available to package removed ACM?
Do these containers or wrappings exhibit the required OSHA warning label?
If the removed ACM is destined for off-site transport, are these containers or
wrapping materials labeled with the name of the waste generator and the
location at which the waste was generated?
• Where will the ACWM be deposited and how often will it be removed from the
worksite?
• Has a permit for disposal been obtained? (not required by NESHAP)
• Are waste shipment record forms available for use?
• Is the owner/operator aware of the NESHAP requirements regarding their use?
Evidence Collection
In addition to the general information conveyed by the owner/operator, the following evidence
should be collected by an inspector during a pre-removal inspection:
Measurements of area, linear footage or volume of suspect ACM that has
already been or will be removed during the project (Is 260/160/35 exceeded?)
• Samples of material which were stated in the notification to be ACM.
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Collect these samples using techniques described in Section 17 and document
(using sketches and photographs) their specific locations within the facility. If
the owner/operator later states that the notification was misrepresentative
(i.e., that the material removed did not contain asbestos), these samples may
provide legal evidence to the contrary.
• Samples of suspect ACM (friable, nonfriable which has become friable during
the demolition or renovation operation, and nonfriable ACM that the inspector
feels will be disturbed during the demolition or renovation) which were not
listed by the owner/operator in the notification
Collect these samples using techniques described in Section 17 and document
(using sketches and photographs) their specific locations within the facility.
ACTIVE REMOVAL INSPECTIONS
To fully evaluate compliance of the asbestos NESHAP, an inspector must be prepared to
enter the active removal area. The inspector will follow the procedures discussed previously
for pre-inspection observations and interview. The information gathered during pie-
inspection activities will enable the inspector to select appropriate safety equipment and
procedures to follow, as detailed in Sections 7 and 10.
The inspector's principal objectives in entering the active asbestos removal area are to:
(1) make first-hand observations of the adequacy of wetting and maintaining wetness until
ACM is collected for disposal; (2) take samples of any suspect ACM to serve as evidence
that a violation involved asbestos-containing material; and (3) accurately determine whether
the quantity of suspect ACM exceeds the minimum regulated quantity of 260/160/35.
Removal Area Entry Preparation
Inspectors should prepare to enter the active site only after determining the safety
equipment needed, Tlie following steps summarize the procedures detailed in Section 10:
• If a three-stage decontamination unit is available, the inspector will enter the
clean room, remove street clothes (except bathing suit), and suit-up in
accordance with the procedures in Section 10. Street clothes should be stored
in a plastic bag to ensure that no accidental contamination occurs.
• If there is no 3-stage decontamination unit, the inspector will suit-up with
double disposable coveralls over his or her street clothes following the step-
by-step procedures listed in Section 10.
Inspection/Sampling Equipment
Only items that can be washed or showered should be taken into the active removal area; all
other items should be left outside. Critical inspection and sampling equipment to bring inside
include:
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• Pre-labelcd sample containers (as described in Section 17);
• Waterproof camera - automatic 35mm with flash;
• Waterproof clipboard with a plastic sheet on which to write (white paper
inside a zip-lock bag provides a good background);
• Indelible marker for taking notes on the plastic sheet; and
• Waterproof flashlight.
This equipment may be carried in a zip-lock bag taped to the side of the disposable coverall,
or through which a belt is strapped.
Applicability [61.145(a)]
Violations of the asbestos NESHAP cannot be validated unless the inspector has sufficient
evidence that the site of asbestos removal meets the applicability requirements of
[61.145(a)] The following specific criteria must be met:
• For renovations - if the amount of ACM that will be stripped or removed from
a facility exceeds 260/160/35, then all notification requirements of 61.145(b)
and emission control requirements of 61.145(c) apply.
For demolitions - if the amount of ACM in the facility exceeds 260/160/35,
then all notification requirements of 61.145(b) and emission control
requirements of 61.145(c) apply.
• For demolitions - if the amount of ACM in a facility that will be disturbed is
less than 260/160/35 (even if no asbestos is present), only the notification
requirements of 61.145(b) apply.
The definition of demolitions and renovations differ in that a demolition specifies that a load-
supporting structural member is wrecked or removed. The term "demolition" also includes
any related handling operations which could be interpreted as any asbestos removal prior to
actual demolition, and intentional burning of a facility.
Notification [61.145(b)]
• Verify that a notification exists and, if so, verify that the information conveyed
verbally during the inspection agrees with the information provided in the
notification.
• Determine if the amount of ACM designated by the owner/operator for
removal is accurate relative to the amount that the inspector thinks will
potentially be disturbed during the demolition or renovation.
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Emission Controls [61.145 (c)]
Each owner/operator of a demolition or renovation activity must comply with the provisions
of 61.145(c).
61.145 (c)(1)—Remove all ACM from a facility being demolished or renovated before any
activity begins that would break up, dislodge, or similarly disturb the material or preclude
access to the material for subsequent removal.
61.145 (c)(2)—When a facility component that contains, is covered with, or is coated with
ACM is being taken out of the facility as a unit or in sections, adequately wet all ACM
exposed during cutting or disjoining operations and carefully lower them to the floor or ground
level. Do not drop, throw, slide or otherwise damage or disturb the ACM.
61.145 (c)(3)—Adequately wet ACM while it is being stripped from in-place facility
components.
61.145 (c)(6)—For all ACM, including material that has been removed or stripped,
adequately wet the material and ensure that it remains wet until collected and contained or
treated in preparation for disposal. Carefully lower the material to the ground and floor
without dropping, throwing, sliding or otherwise damaging or disturbing it. If the ACM has
been removed or stripped more than 50 feet above ground level and it was not removed as
units or in sections, transport it to the ground in leak-tight chutes or containers .
61.145 (c)(8)—Effective 1 year after promulgation of this regulation, no ACM shall be
stripped, removed, or otherwise handled or disturbed at a facility unless at least one on-site
representative, such as a foreman or management-level person or other authorized
representative, trained in the provisions of this regulation and the means of complying with
them is present. Every 2 years this individual must receive refresher training in the
provisions of this regulation. Evidence that the required training has been completed must
be posted and made available for inspection by the Administrator at the demolition or
renovation site.
61.145 (c)(9)—When a facility is ordered to be demolished, keep the portion of it containing
ACM adequately wet during the wrecking operation.
61.145 (c)(10)—If the facility is demolished by intentional burning, remove all ACM,
including Categories I and II nonfriable ACM before burning.
61.145 (c)(ll)—If Category I nonfriable ACM is sanded, ground, sawed or abraded, the
owner or operator, discharge no visible emissions to the outside air during such operations;
and adequately wet the material or use a local exhaust and ventilation and collection system
designed and operated to capture the particulate asbestos material generated during such an
operation.
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Emission Control Exemptions
If the owner/operator is not following standard work practices relating to removal, stripping,
wetting and packaging of ACM, the inspector must carefully evaluate whether activities seen
are justified by the following exemptions in the asbestos NESHAP:
Removal of ACM is not required before demolition if it:
• 61.145 (a)(3) - is located in a building which has been ordered by a
government authority to be demolished. Wetting of the portion of the facility
that contains ACM is required during the wrecking operation [61.145 (c)(9)]
and ACWM must be handled in accordance with waste disposal requirements
(61.150).
• 61.145 (c)(l)(i) - is Category I nonfriable ACM in good condition.
• 61.145 (c)(l)(ii) - is on a facility component encased in concrete or other
similarly hard material and is adequately wet whenever exposed during
demolition. (Doubled concrete-block walls with risers inside do not meet the
"encased in concrete" definition.)
• 61.145 (c)(l)(iii) - was not discovered until after demolition began and cannot
be safely removed. The ACM must be adequately wet whenever exposed
during demolition.
• 61.145 (c)(l)(iv) - is Category II nonfriable ACM and the probability is low
that the material will become friable during demolition.
Stripping of ACM from facility components is not required:
• 61.145 (c)(4) - if the components have been taken out of the facility as a unit
or in sections contained in leak-tight wrapping.
• 61.145 (c)(5) - if the ACM attached to certain large facility components
(excluding beams) which are handled without disturbing the ACM, are
appropriately labeled and wrapped leak-tight.
Wetting is not required in renovation operations if
• 61.145 (3)(i) - it causes unavoidable equipment damage or presents a safety
hazard. Written approval from the Administrator must be obtained (and kept
at the worksite) and either a local exhaust ventilation and collection system,
glove-bag system or leak-tight wrapping prior to dismantlement must be
employed.
• 61.145 (3)(ii) - the Administrator has given written approval to an alternate
equivalent method. This approval must be kept onsite.
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61.145 (c)(7) - the temperature at the point of wetting is below freezing.
Facility components must be Temoved as units or in sections to the maximum
extent possible.
Packaging of ACWM prior to disposal is not required if the ACWM results from a
government-ordered facility demolition (61.150). Wetting requirements still apply.
Determination of Adequately Wet
Adequately wet, as defined in 61.141 means to:
"sufficiently mix or penetrate with liquid to prevent the release of
particulates. If visible emissions are observed coming from asbestos-
containing material, then that material has not been adequately
wetted. However, the absence of visible emissions is not sufficient
evidence of being adequately wet."
The inspector is responsible for the overall determination of "adequately wet" relative to the
above listed citations from the asbestos NESHAP. It is important for an inspector to
document whether or not material has been adequately wetted and how this determination
was made. The following questions and procedures will help document compliance with this
provision of the asbestos NESHAP:
Is there a water supply in place?
Is water or a wetting agent observed being sprayed onto the suspect ACM or
ACWM both during stripping or removal and afterwards while the material
awaits proper disposal? If yes, carefully note the method of application used
(e.g., misting, fogging, spraying of surface area only or drenching to penetrate
the ACM throughout).
• Does the equipment used to apply the wetting agent appear to be operating
properly?
• If an aqueous solution is not being used, determine why it is not and document
the reason. Possible (although not necessarily valid) reasons include:
prior permission obtained from the Administrator (safety hazard,
potential equipment damage);
no water source at the facility;
temperature at the point of wetting below 32 degrees F;
portable water supply ran out and contractor continued to work; or
contractor prepared die area earlier, etc.
• Examine a stripped or removed piece of suspect ACWM or ACM which wets
readily. Does it appear to be wetted throughout? If it does not, adequately
wet the sample. Describe and photograph how the physical characteristics of
the material change upon wetting (e.g., color, weight, texture, etc.). Take
samples, as necessary, to document the presence of asbestos in the suspect
material.
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• When examining materials that do not readily absorb a wetting agent (e.g.,
premolded thermal system insulation, ceiling tiles, floor tiles) inspectors
should note whether all exposed surfaces of these materials have been wetted
as required.
• Is there visible dust (airborne or settled), or dry suspect ACWM debris in the
immediate vicinity of the operation? Inspectors should collect samples of such
materials for analysis of their possible asbestos content.
Inspection of Waste Containers
The presence of a regulatory inspector may often cause the owner/operator to quickly and
vastly improve wetting procedures. However, inspectors can determine typical wetting
procedures by evaluating the contents of waste containers found both inside containment and
in other waste storage areas. The following protocol should be followed:
• Randomly select bags or other containers for inspection.
• Lift the bag or container to assess its overall weight. A bag of diy ACWM
can generally be lifted easily with one hand whereas a bag filled with well-
wetted material is substantially heavier.
If waste material is contained in a transparent bag:
• Visually inspect the contents of the unopened bag for evidence of moisture
(e.g., water droplets, water in the bottom of the bag, change in color of the
material due to the presence of water, etc.).
• Without opening the bag, squeeze chunks of debris to ascertain whether
moisture droplets are emitted.
Note: Squeezing cannot be used to determine adequate wetting of materials
(such as ceiling tiles, floor tiles, or premolded TSI, etc.) which do not readily
absorb a wetting agent. For these materials, determine whether exposed
surfaces have been adequately wetted, document information and take
samples as needed.
• If the material appears dry or not penetrated with water or a wetting agent,
open the bag using steps described below and collect a bulk sample (using the
procedures specified in Section 17) of each type of suspect material in the bag.
Note, and document in the log book, variations in size, patterns, colors, and
textures of adequately and inadequately wetted materials seen.
If the waste material is contained in an opaque bag or other container, or if the material in
a transparent bag appears to be inadequately wetted:
• Carefully open the bag or other container (in the containment area, if
possible). If there is no containment area, a glove bag may be used to enclose
the container prior to opening it. This will minimize the risk of fiber release.
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Examine the contents of the container as noted above for evidence of moisture,
document findings, take samples as needed, and carefully reseal the opened
container.
• If inadequately wetted ACM stored outside is discovered upon arrival at a
worksite; don protective gear and take samples before continuing the on-site
inspection.
Evidence Collection
The following specific evidence should be collected by an inspector during an active removal
inspection:
Measurements of area, linear footage or volume of suspect ACM to accurately
document that 260/160/35 is exceeded. (Document technique of
measurement - tape measure, premeasured pace, etc.)
• Samples of material which were stated in the notification to be ACM.
Collect these samples using techniques described in Section 17 and document (using
sketches and photographs) their specific locations within the facility.
If the owner/operator later states that the notification was misrepresentative (i.e., that the
material removed did not contain asbestos), these samples may provide legal evidence to
the contrary.
• Samples of suspect ACM (collected using techniques described in Section 17)
to document violations of the work practice standards. Document specific
sample location using photographs and sketches.
• Samples of suspect ACM (friable, nonfriable which has become friable during
the demolition or renovation operation, and nonfriable ACM that the inspector
feels will be disturbed during die demolition or renovation) which were not
listed by the owner I operator in the notification.
Collect these samples using techniques described in Section 17 and document (using
sketches and photographs) their specific locations within the facility.
Disposal Techniques (61.150)
Although several waste disposal options are delineated by the asbestos NESHAP, most
owner/operators choose to remove ACM and package it for off-site transport. During an
active removal inspection inspectors should determine whether:
• There are visible emissions to the outside air during the collection, packaging,
or on-site transport of any ACWM (The inspector must determine the source
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of the visible emission and sample the source to verify that the emission
contains asbestos material. It is not necessary to be a certified visible
emission observer to legally document whether a visible emission exists. The
presence of asbestos in such dust constitutes a violation of 61.150.);
• ACWM is being adequately wetted;
• ACWM generated during ordered demolitions or demolitions where ACM is
not required to be removed is kept adequately wet at all times after demolition
and kept wet during handling and loading for transport to a disposal site.
(Sealing in leak-tight containers or wrapping is not required - may be
transported and disposed of in bulk)
• Leak-tight containers or wrapping are being used to package removed ACM;
• Containers or wrappings exhibit the required OSHA warning label;
Containerized ACM destined for off-site transport is labeled with the name of
the waste generator and the location at which the waste was generated;
• Vehicles used to transport ACWM are appropriately marked during loading
and unloading; and
• The ACWM will be deposited at an appropriate waste disposal site as soon
as is practical (excluding removed or stripped Category I ACWM in good
condition). Inspectors should verify ACWM destination information reported
in the notification. This information can provide the inspector with an
opportunity to visit a disposal site and conduct an inspection while deposition
of ACWM is taking place.
Waste Shipment Records [61.150 (d)]
Asbestos inspectors should examine whatever on-site records exist to ensure that the
owner/operator is complying with the waste shipment recordkeeping requirements of the
asbestos NESHAP.
TSCA Compliance
During the inspection, the inspector can also check for any evidence of apparent violations of
the AHERA and WPR regulations. The appropriate asbestos program personnel should be
contacted and informed about the possible violations noted. AHERA regulations apply to
asbestos abatement work conducted at schools. WPR regulations apply to State and local
government employees who take part in asbestos abatement work and are not covered by
the OSHA asbestos standard. Abbreviated checklists for the AHERA and WPR regulations
are included in Appendix D.
Exiting the Removal Area
The inspector will leave the active removal area when satisfied that the operation complies
with the requirements of the asbestos NESHAP or has collected sufficient evidence
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(observations, samples, photographs, owner/operator admissions) if potential violations
exist. It is essential that the inspector properly decontaminate himself/herself and any items
taken into the active removal area that will not be disposed of as asbestos contaminated
waste. The following procedures summarize the detailed decontamination steps listed in
Section 10.
• If a 3-stage decontamination unit is available, enter the dirty room, remove
disposable clothes (keeping the respirator on), move into the shower area,
quickly rinse head region and remove respirator. Dispose of filter cartridges.
Finish showering and dry off using disposable towels. Move to clean room to
dress in street clothes (see Section 10 for more specific decontamination
procedures).
• If there is no three-stage decontamination unit, spray with water and then
remove the outer layer of the doubled disposable coveralls just prior to
exiting. Spray and remove the second layer just after exiting. Wet wipes can
be used to clean potential asbestos fibers from the respirator and face area
before removing the respirator and disposing of cartridges (see Section 10 for
more specific decontamination procedures).
Inspectors should record observations and fill out chain-of-custody forms immediately upon
departing from the contaminated area.
POST-REMOVAL INSPECTION
Inspection of a facility after asbestos removal has been completed is the least preferred
option; any improper removal would already have released fibers to the ambient air.
However, an inspector arriving onsite after removal is complete can still gather useful
information.
Decisions regarding protective clothing and respiratory protection will be left to the
discretion of the inspector. As a general rule, if an inspector has any doubt concerning
whether the area is cleared for reoccupancy, he/she should treat the inspection as an active
removal situation and follow the suit-up procedures in Section 10.
The following inspection procedures apply to most post-removal inspections relative to
enforceable paragraphs of the asbestos NESHAP.
Applicability [61.145(a)]
• Interview the owner/operator to ascertain where ACM was removed from the
facility and establish (measure or pace off) that the minimum quantity of
260/160/35 was exceeded.
• Verify that the site meets the definition of a facility under 61.141 "any
institutional, commercial or industrial structure, installation, or buUdiiig
(excluding apartment buildings having no more than four dwelling units)."
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• Determine whether the activity was classified as a demolition or renovation
based on the definitions under 61.141.
Notification [61.145(b)]
• Verify that a notification was submitted and that the information conveyed
verbally during the inspection agrees with the information provided in the
notification.
Emission Controls [61.145 (c)]
• Verify that all ACM [excluding ACM described 61.145 (c)(l)(i-iv)] has been
removed from a facility scheduled for complete demolition. Take samples as
needed.
• Verify that all ACM, including Category I and Category II nonfriable ACM,
has been removed from a facility scheduled to be demolished by intentional
burning. Take samples as needed.
• Visually inspect all areas from which ACM is said to have been removed to
verify that it has been done. No dust or debris should be left behind. Take
samples as needed.
• Visually inspect other areas of the facility that will be disturbed during the
impending demolition or renovation to determine if any other suspect ACM
exists. Determine if260/160/35 is exceeded and take samples as necessary,
in accordance with procedures described in Section 17.
Waste Disposal (61.150)
If waste is still stored onsite at the time of a post-removal inspection, the inspector should
inspect the containers to determine compliance with the 61.150. Use safety equipment and
procedures detailed in Section 10 for active removal situations.
• Inspect for leaking or ripped bags, or other evidence of asbestos contamination.
• Lift bags or containers to assess their overall weight. A bag of dry ACWM
can generally be lifted easily with one hand whereas a bag filled with well-
wetted material is substantially heavier.
If waste material is contained in a transparent bag:
• Visually inspect the contents of the unopened bag for evidence of moisture
(e.g., water droplets, water in the bottom of the bag, change in color of the
material due to the presence of water, etc.).
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• Without opening the bag, squeeze chunks of debris to ascertain whether
moisture droplets are emitted.
Note: Squeezing cannot be used to determine adequate wetting of materials
(such as ceiling tiles, floor tiles, or premolded TSI, etc.) which do not readily
absorb a wetting agent. For these materials, determine whether exposed
surfaces have been adequately wetted, document information and take
samples as needed.
• If the material appears dry or not penetrated with water or a wetting agent,
open the bag using steps described below and collect a bulk sample (using the
procedures specified in Section 17) of each type of suspect material in the bag.
Note, and document in the log book, variations is size, patterns, colors, and
textures of adequately and inadequately wetted materials seen.
If the waste material is contained in an opaque bag or other container; or if the material
a transparent bag appears to be inadequately wetted:
• Carefully open the bag or other container (in the containment area, if
possible). If there is no containment area, a glove bag may be used to enclose
the container prior to opening it. This will minimize the risk of fiber release.
• Examine the contents of the container (as noted above) for evidence of
moisture, document findings, take samples as needed, and carefully rcseal the
opened container.
Evidence Collection
In addition to the general information conveyed by the owner/operator, the following specific
evidence should be collected by an inspector during a post-removal inspection:
• Samples of any suspect ACM left behind as dust, debris or residue;
• Measurements of area, length, or volume where ACM was removed, if* order
to establish that the facility met the applicability requirements; and
• Samples of any dry ACM from the storage area if still available. Sketches and
photographs are advisable to illustrate specific locations of samples.
POST -INSPECTION INTERVIEW
When the inspection is complete, the asbestos NESHAP inspector should conduct a quick,
concise wrap-up interview to obtain any additional information necessary to complete the
checklist and to convey to the owner/operator the findings of the inspection. However,
conclusive compliance determinations cannot be made by the inspector in the field. In
situations where potential violations are identified, it is important to document any response
actions of the owner/operator observed or verbally communicated. This information becomes
strong evidence in situations where a follow-up inspection is conducted and similar
violations are identified.
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If the inspection is of a school and subject to the AHERA regulations, the inspector should
ask if the workers are accredited and check the accreditation certificate of the supervisory
personnel onsite. If the workers are covered by the WPR, the inspector can ask if the
environmental monitoring records have been maintained and if the workers' medical records
have been maintained. Any apparent violations of AHERA or the WPR should be referred to
the appropriate Federal or state agency.
EXIT OBSERVATIONS
As the inspector departs a site, he/she should resurvey the site and complete any site
drawings not completed prior to or during the inspection. If possible, the inspector should
observe the waste storage area and other areas to determine if any significant changes
occurred since the inspection began. Any changes should be noted as they help to assess
whether the inspection observations are representative of operations when a regulatory
inspector is not present Finally, chain-of-custody forms for any samples collected should be
completed.
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SECTION 15
POST-INSPECTION
No matter how blatant a violation or how thorough an inspection, a case cannot be supported
without proper records and documentation. It is imperative that each delegated program
office set up and implement a system whereby supporting documentation is properly taken,
controlled, and maintained. Generated reports, checklists and sample analysis results must
be clear and concise and accurately support the observations of the inspector. Finally, all
records must be organized, properly maintained, and readily available for future access. The
purpose of this section is to outline inspection followup procedures and general guidance to
aid in the process of document control, report preparation, and record maintenance and
storage.
INSPECTION FOLLOWUP
Once an inspection is completed, a decision will be made regarding how many and how
quickly samples should be analyzed. When there are serious violations it may be necessary
to have analysis completed within a day or less. Arrangements should be made ahead of
time with an in-house laboratory or a commercial laboratory to facilitate such a request.
Those samples which will provide the greatest proof of asbestos NESHAP violations should
be analyzed; other samples taken need not be. However, samples should not be destroyed;
they should be stored in a locked facility pending future litigation.
When violations are suspected (Remember, a violation cannot be confirmed until samples
are analyzed.), the inspector should brief his/her supervisor and/or attorney to initiate the
decision-making process concerning the (1) need for reinspection; (2) need for information
request under Section 114 of the CAA; (3) enforcement options available, etc.
Another facility inspection followup item to be considered is a landfill inspection. Because
the asbestos NESHAP regulates friable ACM from "cradle to grave", an inspector may
consider inspecting a landfill to determine whether the waste from a facility was properly
disposed of as indicated in the notification. Inspection of landfills may also be conducted
independently of tracking waste from a specific facility. This will be discussed in Section 16.
DOCUMENTATION
Checklists and reports generated by an inspector may be the basis of affidavits for civil or
criminal enforcement actions. They must be precise and legible. NESHAP inspections
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ultimately involve the actions of several people: one or more inspectors, laboratory
personnel, administrative, legal and clerical staff. Information must be collected and
maintained within a system that allows for processing and expedient access. Additionally,
this system must protect all records or potential evidence that may be required for
enforcement actions. It is imperative that a comprehensive document control system be
implemented during all phases of an investigation.
Document Control
The purpose of document control is to make certain that all project documents issued or
generated during a NESHAP investigation are accounted for when the project is complete. A
system which accounts for all investigation documents should include serialized document
numbering, document inventory procedures, and an evidentiary filing system. Examples of
accountable documents include:
• inspection checklists;
• field logbooks;
• sample data sheets;
• sample tags;
• chain-of-custody records and seals;
• laboratory notebook and reports;
• internal memoranda;
• phone memoranda;
• external written communications;
» photographs, drawings, maps; and
• quality assurance plans;.
Under ideal circumstances, each document is given a serialized number which is listed in a
Document Inventory Logbook.
Corrections to Documentation
All documents generated during the course of an inspection are considered part of the
permanent evidentiaiy file and should not be destroyed or thrown away, even if they become
illegible or if inaccuracies are discovered. This is particularly important if serialized
documents are used, for any gaps in the numbering system will be noted by legal staff.
Errors in documents should be noted. If a document requires replacement, it should be noted
or corrections made to the original document. Corrections may be made by simply crossing a
line through the error, entering the correct information, and initialing and dating it
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If documents are lost or missing (a sample tag lost in shipment, or a chain-of-custody record
improperly prepared), a written statement should be prepared detailing the circumstances.
The statement should include all pertinent available information that may be used to support
an observation or sample. This statement becomes part of the permanent case file.
RECORDS MAINTENANCE
Records need to be properly filed and maintained to allow for quick and easy access of all
case documents. Records also need to be retained under storage conditions which minimize
deterioration or loss of data files. With the current widespread use of micro-and personal
computers, data management capabilities have improved handling, tracking, and manipulation
of large quantities of information. However, these systems do not replace physical evidence
such as tags, forms, and checklists. They do alleviate tedious record searching and sorting
tasks and can provide quick and easy retrieval of information and cross-referencing capability.
Regardless of whether computer-based data management systems or manual procedures are
used, responsible individuals within a program office must be able to access and trace the
destination of project files. The inspector must be familiar with and use all filing procedures.
Files should be signed out in such a manner as to indicate to others that the Hie is in the
possession of an inspector. When returning the file to storage, the inspector should take
care to return it to its proper place for future easy access.
INSPECTION REPORTS
Inspection reports and checklists clearly and concisely document observations and physical
evidence from the inspection. A comprehensive and properly completed checklist can serve
as the inspection report. A recommended inspection checklist that serves this purpose is
included as Appendix D. An inspector may supplement the checklist with additional
information such as:
• Inspector observations;
• Owner/operator admissions;
• Description of evidence collected (including techniques used); and
• Owner/operator response actions.
In cases where violations are observed an inspector should supplement the inspection
checklist with an inspection report containing the above information. It may take several
years before a lawsuit is filed so a detailed narrative of the inspection will prove beneficial in
refreshing the inspector's memory and will provide strong evidence for the case.
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SECTION 16
LANDFILL INSPECTIONS
The asbestos NESHAP provides emission control and work practice requirements from the
time the asbestos is disturbed (potentially releasing airborne fibers) until it is interred in a
landfill or converted into asbestos-free materials. However, since no conversion operations
are currently licensed, demolition/renovation ACWM typically is transported to landfills for
disposal. Regulatory agents should be prepared to conduct inspections of such sites and
should follow the personal protective equipment and bulk sampling procedure
recommendations found in the EHSD Health and Safety Guidelines for EPA Asbestos
Inspectors and in Sections 7,10, and 17 of this manual.
It is important to recognize that both the owner or operator of a demolition or renovation
operation and the owner or operator of the active waste disposal site where ACWM is
brought are required to meet waste disposal provisions of the asbestos NESHAP.
Regulatory agents conducting inspections at demolition or renovation sites will determine
generator compliance with the Standard for waste disposal fordemolition, renovation,
...operations, 61.150. These inspection activities have already been described in Section
14.
This section details the procedures an inspector should use to ascertain whether a landfill
owner or operator is in compliance with 61.154, Standard for active waste disposal sites. A
sample inspection form for landfills is included in Appendix D.
REVIEW PERMIT CONDITIONS
Upon entering the site, contact the site operator to determine whether the landfill has a
State-required permit to operate. If it does, check the expiration date of the permit and
record pertinent information on the inspection form. (Although permits are not specifically
required under NESHAP, most States have a permitting process for landfills.)
Verify that the landfill meets one of the following requirements of 61.154:
• No visible emissions are produced. Warning signs must be posted and fencing
is required unless a natural barrier adequately deters access by the public.
• A 6-inch cover of compacted, non-asbestos material is provided within 24
hours of the time the waste is deposited. No sign posting or fencing is
required.
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~ An effective resinous or petroleum-based (other than waste oil) dust
suppressant is provided within 24 hours of the time the waste was deposited.
Warning signs must be posted and fencing is required unless a natural barrier
adequately deters access by the public.
• An alternative method previously approved by the Administrator is used.
Warning signs must be posted and fencing is required unless a natural barrier
adequately deters access by the public.
EVALUATE WASTE SHIPMENT RECORDS
For all ACWM received, the owner or operator of the active waste disposal site must
comply with the following waste shipment recordkeeping provisions of 61.154 (e) of the
asbestos NESHAP:
• Record and maintain the following information on forms similar to that noted in
the regulation [61.154 (e)(1)]:
waste generator's name, address and telephone number,
transporter's name, address and telephone number;
quantity of ACWM received (cubic yards or meters);
presence of improperly enclosed or uncovered waste, or any ACWM not
sealed in leak-tight containers; and
date of receipt.
Send a copy of the signed waste shipment record to the waste generator as
soon as possible but no longer than 30 days after receipt of the waste [61.154
(e)(2)].
Attempt to reconcile differences in the amounts of ACWM received and that
recorded on the waste manifest form brought by the transporter. If the
discrepancy is not resolved within 15 days after receiving the waste,
immediately submit a discrepancy report which details the discrepancy and
attempts made to reconcile it to the governmental agency responsible for
administering the asbestos NESHAP program for the waste generator
(identified in the waste shipment record), and, if different, the governmental
agency responsible for administering the asbestos NESHAP program for the
disposal site [61.154 (e)(3)].
Retain a copy of all records and reports required by this paragraph for at least
2 years [61.154 (e)(4)].
OTHER ACTIVE WASTE DISPOSAL SITE REQUIREMENTS
Landfill owners or operators must also comply with the following provisions of 61.154:
• Maintain, until closure, a map or diagram which contains the location, depth,
area, and quantity of ACWM interred in the waste disposal site.
16-2
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•. Obtain written approval from the Administrator prior to conducting any activity
that disturbs deposited ACWM.
• Furnish, upon request, and make available during normal business hours for
inspection by the Administrator, all records required in 61.154.
SURVEILLANCE
In addition to determining landfill owner/operator compliance with the requirements of 61.154,
Standard for active waste disposal sites, while at the site inspectors may note a number of
other potential violations of the asbestos NESHAP. By asking the right questions and
documenting appropriate information (photographs, samples, etc.) inspectors may be able to
identify non-notifiers or determine other generator non-compliance with certain provisions of
the NESHAP regulation.
Off-loading of Suspect ACWM Unaccompanied by a Waste Manifest
Inspectors should question the origin and determine the amount of any suspect ACWM
material being offloaded which is not accompanied by a waste manifest. Document all
information obtained from the transporter and landfill owner or operator and take photographs
and samples as needed.
Attempt to determine the following:
• Has the suspect ACWM come from one or multiple sites? (For the NESHAP
regulation to be applicable, ACWM must be generated at a site which meets
the definition of a "facility" and meets the 260/160/35 quantity requirements.)
• Is the vehicle properly marked with an asbestos hazard warning sign?
• Is the suspect ACWM in properly labeled leak-tight containers?
• Is the suspect ACWM adequately wet?
• If the suspect ACWM is not wrapped or contained in leak-tight containers,
has it come from a facility ordered demolished by a governmental agency?
Landfill Inspection
An inspector may notice improperly containerized, inadequately wetted or unlabeled suspect
ACWM at the landfill. If a regulated amount of ACWM (260/160/35) is present, an inspector
should attempt to determine the material's origin. Inspectors should note that the asbestos
NESHAP is applicable only if the materials were generated at a "facility", as defined in the
NESHAP asbestos standard. For example, if the ACWM seen had been removed from a
residential structure involving four or fewer dwelling units, the asbestos NESHAP would not
apply. However, the disposal site may be in violation of local or state asbestos waste
disposal regulations, so the inspector should notify the appropriate authority. Inspectors
should question the landfill operator, examine records, take photographs and samples as
needed and document all information obtained.
16-3
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16-4
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SECTION 17
ASBESTOS BULK SAMPLING AND ANALYSIS
The purpose of bulk sampling is to determine and document if friable material contains
regulated amounts of asbestos. Samples should be collected whenever a violation is
suspected or an enforcement action is anticipated for the results obtained serve as critical
evidence that the material in question contains asbestos and is subject to regulation.
PROTECTIVE EQUIPMENT
The EHSD Health and Safety Guidelines for EPA Asbestos Inspectors specifies personal
protective equipment to be used by EPA inspectors required to collect bulk samples under
the Asbestos In Schools rule and the NESHAP. These recommendations are summarized
below. For further details, refer to earlier sections regarding Inspector Safety.
• Protective Clothing—Inspection personnel should wear the following
protective clothing when collecting bulk samples in active abatement
environments.
bathing suit;
disposable, full-body, hooded coverall (e.g., Tyvek® or equivalent);
disposable inner and outer booties;
disposable gloves; and
hard hat, safety glasses, safety shoes, and ear protection, as needed.
Inspectors collecting bulk samples in non-contaminated areas should use their professional
judgment in determining whether or not to wear protective clothing. Inspectors may choose
not to wear protective clothing when samples can be taken without any significant chance of
releasing fibers or may decide to wear disposable coveralls and shoe coverings over their
street clothes.
• Respiratory Protection—At a minimum, inspectors collecting bulk samples
should wear full-face, air-purifying respirators with HEPA filter cartridges.
These include NIOSH-approved, tight-fitting PAPRs equipped with HEPA
filters. Cartridges must be NIOSH-approved for asbestos environments.
More stringent protection should be used if necessary.
• Disposable Towels—For use after showering.
17-]
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SAMPLING EQUIPMENT
The following items are recommended for use by asbestos NESHAP inspectors:
• Lightweight Carrying Case—for storage and transport of sampling materials.
• Sample Containers—any dry, sealable and clean container such as a 35mm
film canister, plastic vial, or whirlpak bag.
• Water Spray Bottle—for wetting a surface prior to sampling to prevent
generation of dust (may use a surfactant).
• Adhesive (Duct) Tape—to temporarily repair a sampled area, such as pipe
wrap.
• Postal Tape—to seal sample containers; can be written on to identify sample.
• Tools—metal tweezers, pen knife, coring device, scissors, etc.
• Wet Wipes—to clean tools between samples as well as to decontaminate
equipment, sample containers, etc., when leaving the sampling area.
• Plastic Bags—to store contaminated waste generated during the sampling
exercise. The bags should be properly sealed and disposed of as ACM. Zip-
lock bags are useful for packaging sample containers for delivery or shipment
to the laboratory.
• Documentation Material—notebook or clipboard, inspection checklist, sample
labels, chain-of-custody forms, waterproof pens, plastic sheets (overhead
transparencies).
• Spray Paint—for identification of sample sites on photographs.
The above items are considered essential and should be included in every sampling kit.
Other items such as specialty carers, hammer and chisel, and vinyl tile knives may be helpful
during the inspection. Appendix D provides a comprehensive inspection equipment checklist.
COLLECTION TECHNIQUES
The asbestos NESHAP regulation does not provide any specific recommendations for
collecting bulk samples. Procedural guidelines for sample collection can be found in the
EHSD Health and Safety Guidelines for EPA Asbestos Inspectors and in the TSCA
publications entitled Guidance for Controlling Asbestos-Containing Materials in Buildings
(purple book) and Asbestos in Buildings: Simplified Sampling Scheme for Friable Surfacing
Material (pink book). The TSCA guidelines are geared towards environments which are
neither contaminated nor disturbed, such as those encountered during asbestos school
inspections, pre-abatement inspections, and pre-demolition inspections. Asbestos
NESHAP inspectors will inspect both non-abatement situations and abatement inspections.
17-2
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Non-Abatement Inspections
Non-abatement inspections are conducted less frequently than abatement inspections.
Extensive guidance is available through the TSCA Asbestos-in-Schools program. The most
direct sources of information on non-abatement inspections are the two references cited
above.
Abatement Inspections
The samples collected during active abatement inspections usually include materials which
have been stripped, removed or still in place. The environments in which these samples are
collected are usually not conducive to formal random sampling approaches such as those
used during pre-abatement and TSCA inspections. The representativeness of bulk samples
is usually based on the judgment of the inspector. Because the goal of collecting bulk
samples is to determine and document whether materials associated with a violation contain
greater than 1 percent asbestos, this subjective approach is warranted and appropriate. This
approach does not exempt the inspector from following some general rules when collecting
samples, including:
• Identify homogeneous thermal system insulation, surfacing and miscellaneous
materials.
• Wear proper safety equipment, including disposable coveralls, overshoe boots,
gloves and a properly selected respirator. A hard hat, safety shoes, protective
glasses and ear protection may also be necessary.
• Collect samples of materials where a violation or suspected violation is
observed.
• Understand that different types of friable ACM may be removed at the same
abatement project Collect representative samples of each different type of
suspect material associated with a violation or suspected violation.
• Collect multiple samples if possible. A minimum of three samples should be
taken from each homogeneous area of suspect material encountered.
• Collect a complete core or cross-section of the material.
• Spray the area to be sampled with a water mist or encapsulant mist to
minimize fiber release. This is done primarily to reduce inspector exposure.
(If the material is dry and the inspector believes there is a wetting violation,
the field notes should reflect the dry sample and the inspector should note that
he/she wet the sample prior to collecting it).
• Use sampling equipment listed in Appendix D checklist.
• After sampling is completed, wipe the outside of the container with a wet wipe
or damp cloth. Wipe tools between sampling points.
• Record a unique I.D. number on a label and affix to the container. Tape the
label to prevent'it from peeling off and tape the lid shut.
17-3
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• Never reuse sample containers.
• Photograph the sampling location(s). If necessary, take a second photograph
with a reference point. The inspector can also use bright spray paint to
indicate the sampling point.
• Make a drawing of the inspection site, noting where samples and photographs
were taken. Indicate angles of photographs and written descriptions of
materials sampled.
• Complete all documentation including checklist entries and chain-of-custody
form. A sample chain-of-custody form is shown in Figure 17-1. Samples
must be secured if more than one inspection is planned.
• Dispose of all sampling waste as asbestos-containing material.
• Not all samples must be analyzed. It is advisable to collect extra samples and
only analyze enough to satisfy the evidence requirements. Samples may be
analyzed at a later time if necessary.
BULK SAMPLE ANALYSIS
Bulk sample analysis determines the quantity (percent by area/volume), as well as the
specific type of asbestos for each sampled area. The NESHAP standard contains no specific
method for the analysis of bulk samples for asbestos. However, in no case should asbestos
field test kits be used to confirm the presence or absence of asbestos. The solutions
deteriorate with age and may indicate false negative results.
EPA's policy has been to adopt the procedure published in 40 CFR Part 763 Appendix A to
Subpart F entitled Interim Method for the Determination of Asbestos in Bulk Insulation
Samples. In this document polarized light microscope (PLM) is recommended for the
analysis of bulk samples. Based on optical crystallographic properties, the PLM method
must be performed by a microscopist with formal training in optical mineralogy. PLM gives a
qualitative differentiation between asbestos and non-asbestos fibers along with a
quantitative estimate of percent asbestos by area/volume.
Results from PLM analysis are interpreted as follows:
• If one or more samples from a homogeneous suspect ACM contains greater
than 1 percent asbestos, the entire material is considered to contain asbestos.
• If a doubt exists, or if further information is needed, samples should be
reanalyzed or additional samples collected.
17-4
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QUALITY ASSURANCE
Sample LD. Numbers
Assign a unique sample I.D. number to each sample. A non-systematic (random) numbering
scheme is recommended, for this helps eliminate a microscopist's potential bias. For
example, if a numbering system indicates that seven samples are from the same room, a
microscopist may not be objective about each individual sample.
Chain-of-Custody Forms
In order to ensure that the samples are properly identified and tracked from the point of
sample collection through receipt by the analytical laboratory, EPA requires that a chain-of-
custody (COC) form be completed and accompany the samples. Figure 17-1 is a sample
chain-of-custody form. It contains essential items such as identification number, date, name
of sampler and signature of recipient. Some laboratories request that COC forms they supply
be used. These forms must be completed in the field and accompany the samples when they
leave possession of the inspector. Inspectors should fill in a new COC form if mistakes have
been made (i.e., incorrect information transferred from sample containers to COC form).
Quality Control (QC) Samples
Collection of side-by-side duplicates are recommended at the rate of 1 QC sample/building
or 1 QC sample/20 samples, whichever is larger. The laboratory should analyze duplicates
without knowing which are the QC samples. The results of duplicates are compared to
determine sampling and analytical precision. For additional QC, split side-by-side
duplicates with a second laboratory to confirm the results of the first analyses. Any
disagreements generated by the QC effort must be investigated; samples should be
reanalyzed, or additional samples collected.
Accredited Laboratories
To diminish the likelihood of challenges to the accuracy of laboratory results during litigation,
it is suggested that only accredited laboratories be used for the analysis of bulk samples (per
AHERA 40 CFR Part 763, Subpart E). A listing of accredited laboratories published by EPA
twice a year is available through the EPA Regional Asbestos Coordinator or the TSCA
Hotline (202)-554-1404.
17-5
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Figure 17-1. Representative chain-of-custody record.
-------
SECTION 18
ASBESTOS AIR MONITORING
This section is designed to provide inspectors general information concerning the equipment,
methods and procedures involved in air monitoring and air sample analysis. Although there
are no requirements under the asbestos NESHAP for conducting air monitoring at
demolition/renovation or asbestos removal sites, such requirements have been issued by
OSHA (to monitor worker exposure and determine appropriate respiratory protection) and
TSCA (to verify the adequacy of abatement activities at public and private schools, grades K-
12) so asbestos NESHAP inspectors will often encounter monitoring equipment and air
monitoring data during inspections.
The EPA has published a number of guidance manuals which recommend when and where
asbestos air monitoring should be conducted. The most recent guidance can be found in
Measuring Airborne Asbestos Following an Abatement Action (silver book). In addition,
procedures for collecting and analyzing asbestos air samples have been published in 40 CFR
763, Subpart E - Asbestos Containing Materials in Schools (Amended). Additional
information pertaining to air monitoring can be found in the bibliography.
MEASUREMENT STRATEGIES
Asbestos air sampling is conducted for a number of reasons and in a variety of scenarios.
The most often encountered situations are:
• Hazard Assessment—asbestos fiber concentration^ the air is directly
measured; used in non-abatement environments to help determine hazard
potential.
• Monitoring During Active Removal Operations—Helps determine worker
exposure and whether engineering controls and work practices are being
properly implemented.
(Air monitoring data present should be examined by the inspector and
considered in the choice of respiratory protection. Inspectors should realize,
however, that the data may not represent current conditions.)
• Clearance Monitoring—used to release a contractor after the abatement
project is completed; airborne levels must be below an acceptable level before
critical barriers are taken down.
18-1
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• Ambient or Background Monitoring—measures outdoor fiber levels or indoor
pre-abatement concentrations.
MEASUREMENT APPROACH
Personal Sampling
An air-monitoring device is worn by the worker during his/her normal work schedule. The
sampling is used to determine the "breathing zone" fiber levels to which the worker is
potentially exposed and is performed to comply with the requirements of the OSHA asbestos
standard.
Area Sampling
A stationary air-monitoring device is placed in an area representative of the overall area
under investigation. This technique is used for hazard assessments, ambient and
background surveys and for monitoring during and after abatement actions.
Aggressive Sampling
A large volume area sample is taken while an air moving device (e.g. fan, leaf blower)
dislodges and maintains airborne any remaining fibers during the sample collection period.
This technique is performed during clearance monitoring.
SAMPLING EQUIPMENT
Sampling Pumps
Available from a variety of manufacturers. Usually described as low volume (personal) and
high volume pumps.
Low Volume
Generally light-weight, battery-powered, personal monitoring pumps with a flow rate range
of 1 to 5 liters per minute. More sophisticated versions are flow compensating and can be
programmed to turn on, shut off, record flow rates, store data and interface with a data logger
or personal computer. Used for both personal and area monitoring.
High Volume
Capable of achieving flow rates up to 25 liters per minute. Heavier, bulkier and more
obtrusive than the smaller, low-volume types. Allow larger volumes of air to be sampled in
a shorter time period. Used for collecting area samples before, during and after abatement
actions.
18- 2
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Filters and Cassettes
Filters used to collect airborne asbestos fibers are most often 25 mm or 37 mm filters housed
in 2- or 3- piece styrene cassettes. Some cassettes, primarily those used for OSHA
asbestos monitoring, have been modified with a 50 mm conductive extension cowl to Teduce
fiber loss on the walls of the cassette. The two most routinely used filter media are:
• Cellulose Acetate Membrane—Pore size between 0.8 - 1.2 um used for
collecting samples to be analyzed via Phase Contrast Microscopy (optical) or
Scanning Electron Microscopy (SEM). If used for Transmission Electron
Microscopy (TEM), special preparation techniques must be used.
• Polycarbonate—Smooth surfaced filters with pore size of 0.4 to 0.8 um. Used
for samples collected for Electron Microscopy analysis.
ANALYTICAL TECHNIQUES
Three options exist for analyzing air samples to determine airborne fiber concentrations:
Phase Contrast Microscopy (PCM), Scanning Electron Microscopy (SEM), and
Transmission Electron Microscopy (TEM). Each has certain advantages and disadvantages
depending on the circumstances in which they are used and the investigator's data
requirements. Table 18-1 illustrates a general comparison of these different methods.
Phase Contrast Microscopy (PCM)
• Adopted by the Occupational Safety and Health Administration (OSHA) as a
standard protocol for measuring airborne asbestos in the industrial work place
(OSHA Reference Method).
• Nonspecific for asbestos fibers. Counts all fibers that are greater than 5 um in
length with an aspect ratio of 3:1.
• Limit of resolution is approximately 0.25 um in diameter.
• Least expensive and most widely available analytical technique.
• U seful in determining worker protection levels in reference to the OSHA
standard and for clearing abatement projects.
Scanning Electron Microscopy (SEM)
• Provides greater resolution than PCM.
• Scanning features can be supplemented with energy dispersive x-ray
spectrometry (EDXA or EDS) to provide information on the chemical
composition of the structures under investigation.
18-3
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Lacks the resolution of TEM. Generally, can "see" fibers 0.20 um in diameter.
In addition, does not possess Selective Area Electron Diffraction (SAED)
capable with TEM.
At present, no standard protocol exists.
Transmission Electron Microscopy
• TEM is the most sensitive and specific of the cited analytical techniques. It is
the method of choice when definitive results are needed.
• Capable of resolving extremely thin, asbestos fibers (typically 0.0025 um in
diameter).
• Can be outfitted with EDXA and SAED capabilities to provide definitive
information concerning the chemical composition, and crystalline structure of
the observed fibers.
• Most expensive and least available of all of the cited techniques.
• Exists as a standard protocol. Method most recently published in
40 CFR 763, Appendix A to Subpart E - Interim Transmission Electron
Microscopy Analytical Method and Field Sampling Protocol for the Clearance
Testing of an Abatement Site.
CONTINUOUS MONITORS
Real Time Monitor—Provides real time data concerning nonspecific fiber
concentrations.
Computer Integrated—Automatically counts all airborne fibers passing
through the sensor during a preselected time period. At the completion of the
sampling period, the device electronically computes the fiber concentrations in
fibers/cc.
Mimics NIOSH Method—Designed to mimic the NIOSH methodology (i.e., is
set up to measure fibers greater than 5 um in length and with a 3:1 .aspect
ratio).
Advantages:
provide real time data;
have a working range of0.0001 to 30 f/cc;
can to determine fiber levels at RDR worksites to indicate if adequate
engineering controls and work practices are in effect;
can be used to prescreen prior to conducting more expensive analysis;
and
can be used to monitor preset action levels.
18-4
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Disadvantages:
not approved by NIOSH;
interferences can occur at high dust loading; and
high capital cost ($15,000).
TABLE 18-1. COMPARISON OF METHODS FOR MEASURING AIRBORNE
ASBESTOS
PCM
SEM
TEM
Standard
Methods
NiOSH 7400
Method*
No standard method
EPA interim methods 8i
previous methods**
Quality
Assurance
Proficiency Analytical
Testing Program; no
NBS reference
materials
No lab testing, or NBS
reference materials
Limited lab testing, NBS
reference materials
available
Cost
$25-50
$50-300
$200-600
Availability
Most available
Less available
Least available
Time
Requirements
1 hour preparation and
analysis, less than 6
hours turnaround
4 hour preparation and
analysis, 6-24 hours
turnaround
4-24 hour preparation'
and analysis, 2-7 days
turnaround
Sensitivity
(Thinnest
Fiber Visible)
0.15 urn at best;
0.25 um typical
0.05 um at best;
0.20 um typical
0.0002 um at best;
0.0025 um typical
Specificity
Not specific for
asbestos
More specific than
PCM but not defini-
tive for asbestos
(SEM with EDXA)
Definitive for asbestos
(TEM with EDXA & SAED).
Collection
Filters
0.8-1.2 um
cellulose ester
0.4-0.8 um polycar-
bonate best; cellu-
lose ester also used
0.4 um polycarbonate, or
0.45 um cellulose ester with
special preparation
'Revision #2: 3/1/87. OSHA Reference Method (ORM, 1988) is a modification of NIOSH
7400. NiOSH P&CAM 239 (Leidal 1979) may be used in some instances as an alternative.
"U.S. EPA 1987, Yamate, 1984, Samudra, et al., 1978.
Source: Based on information from the EPA/NBS conference on post-abatement air
monitoring (NBS/EPA), 1985), the open literature, and government reports,
and on peer review comments (modified).
18-5
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18-6
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APPENDIX A
NATIONAL EMISSION STANDARDS FOR HAZARDOUS AIR
POLLUTANTS
(SUBPART M - NATIONAL EMISSION STANDARD FOR
ASBESTOS)
A-l
-------
A-2
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Tuesday
November 20, 1990
Part III
Environmental
Protection Agency
40 CFR Part 61
National Emission Standards for
Hazardous Air Pollutants; Asbestos
NESHAP Revision; Final Rule
-------
48406 Federal Register / Vol. 55. No. 224 / Tuesday. November 20, "'090 / Pules and Regulations
ENVIRONMENTAL PROTECTION
AGENCY
40 CFRPart61
IAD-FRL-3814-7]
RIN 2060-AC57
National Emission Standards for
Hazardous Air Pollutants; Asbestos
NESHAP Revision
agency: Environmental Protection
Agency.
ACTION: Final rule.
summary: This Federal Register notice
promulgates rules under section 112 of
the Clean Air Act (CAA) for asbestos
emissions and is based on the
Administrator's determination that
asbestos presents a significant risk to
human health as a result of air
emissions from one or more source
categories and is therefore a hazardous
air pollutant (see 36 FR 3031, March 31.
1971). The purpose of the revisions
promulgated today is to enhance
enforcement and promote compliance
with the current standard without
altering the stringency of existing
controls. On January 10,1989 the
Environmental Protection Agency (EPA
or the Agency) proposed amendments to
the asbestos National Emission
Standard for Hazardous Air Pollutants
(NESHAP) that would require control
device and fugitive emission monitoring,
recordkeeping, and reporting for
asbestos milling, manufacturing, and
fabricating operations. For planned
demolitions and renovations, revisions
to the notification requirements were
proposed, and safety was added as a
reason for exemption from the use of
wet removal methods. Recordkeeping
requirements were proposed for
asbestos waste disposal. Clarifying
revisions to several definitions and
provisions were also proposed.
Numerous comments were received on
the proposed revisions, and today's
notice responds to those comments, and
incorporates changes as a result of those
comments.
effictivk date: November 20.1990.
Under section 307(b)(1) of the Clean Air
Act, judicial review of the actions taken
by this notice is available only by filing
a petition for review in the United States
Court of Appeals for the District of
Columbia Circuit within 60 Days of
today's publication of these rules. Under
section 307(b)(2) of the Clean Air Act,
the requirements that are the subject of
today's notice may not be challenged
later in civil or criminal proceedings
brought by EPA to enforce these
requirements.
ADDRESSES: Background information
document The background information
document (BID) tor the promulgated
revisions may be obtained from the U.S.
EPA Library (MD-35), Research Triangle
Park, North Carolina, 27711, telephone
no. (919) 541-2777. Please refer to
"Background Information for
Promulgated Asbestos NESHAP
Revisions," (Publication No. EPA 450/3-
90/017). The BID contains a summary of
all the public comments made on the
proposed revisions and the
Administrator's responses to the
comments.
Dockets. Docket No. A-B8-28 contains
supporting information used in
developing the final revisions to the
asbestos NESHAP and is available for
public inspection and copying between
6:30 a.m. and 3:30 p.m., Monday through
Friday, at EPA's Air Docket (LE-131),
Room M-1500,1st Floor, Waterside
Mall, 401 M Street, SW„ Washington,
DC 20480. A reasonable fee may be
charged for copying.
FOR FURTHER INFORMATION CONTACT:
For further information and official
interpretations of applicability,
compliance requirements, and reporting
aspects of the promulgated revisions,
contact the appropriate Regional, State
or local office contact as listed in 40
CFR 61.04. For further information on
the background of the regulatory
decisions in the promulated revisions,
contact Mr. Sims Roy, Standards
Development Branch, Emission
Standards Division (MD-13), U.S.
Environmental Protection Agency.
Research Triangle Park, North Carolina
27711, telephone no. (919) 541-5283. For
further information on the technical
aspects of the promulgated revisions,
contact Mr. Ronald Myers, Industrial
Studies Branch, U.S. Environmental
"Protection Agency, Research Triangle
Park, North Carolina 27711, telephone
no. (919) 541-5407.
SUPPLEMENTARY INFORMATION:
I. The Standards
The promulgated revisions implement
section 112 of the Clean Air Act (CAA)
and are based on the Administrator's
determination that asbestos presents a
significant risk to human health as a
result of air emissions from one or more
source categories and is therefore a
hazardous air pollutant (see 36 FR 3031
(March 31,1971)). Hie revisions
promulgated today amend the asbestos
NESHAP to enhance enforcement and
* promote compliance with the current
standard without altering the stringency
of existing controls.
Milling. Manufacturing and Fabricating
The revisions to the standards require
asbestos milling, manufacturing and
fabricating sources to conduct daily
monitoring for visible emissions. While
the absence of visible emissions does
not mean there are no asbestos fibers
being emitted, the presence of visible
emissions does indicate a serious
control device malfunction. Because
visible emissions monitoring is intended
primarily to detect serious control
device malfunctions, weekly inspections
of air cleaning devices are also required.
In addition, the revisions promulgated
require these sources to maintain
records of the results of visible
emissions monitoring and control device
inspections, and to submit quarterly a
copy of visible emissions monitoring
records of visible emissions occurred
during the quarter. The revision requires
owners or operators who install fabric
filters after the effective date of this rule
to provide for easy inspection of the
bags.
Demolition and Renovation
The revisions require the owner or
operator of a demolition or renovation
activity to provide additional
information in notifications, and to
renotify EPA if the start date of a
demolition or renovation changes from
that given in the original notification.
Another revision requires owners or
Operators to give a 10-day notice for
renovations. A person trained in the
provisions of this rule and the means of
complying with them is required to be
on site when asbestos-containing
material (ACM) is stripped, removed or
disturbed. When wetting is suspended
due to freezing temperatures, owners or
operators are required to measure air
temperature in the work area three
times during the workday and keep
daily temperature records for at least 2
years. The revisions also clarify EPA's
position regarding the handling and
treatment of nonfriable asbestos
materials such as resilient floor
covering, including vinyl asbestos floor
tile, and roofing material.
Waste Disposal
The revisions require vehicles used to
transport asbestos-containing waste
material to be marked with the sign
prescribed by the Occupational Safety
and Health Administration during
loading and unloading to warn people of
the presence of asbestos. For aU
asbestos-containing waste material
transported offsite, the revisions require
that a waste shipment record (WSR) be
provided to the waste site owner or
operator at the time that the waste is
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Federal Register / Vol. 55, No. 224 / Tuesday. November 20, 1990 / Rules and Regulations 48407
delivered to the waste disposal site. If a
copy of the WSR signed by the waste
site owner or operator is not received
within 35 days of the date the waste was
accepted by the initial transporter, the
revisions direct the waste generator to
contact the transporter and/or disposal
site owner or operator to determine the
status of the waste shipment. The
revisions further direct the waste
generator to submit an exception report
to EPA if a signed copy of the WSR is
not received within 45 days of the date
the waste was accepted by the initial
transporter. Labels are required on
containers of asbestos-containing waste
material from manufacturing,
fabricating, demolition and renovation
activities indicating the name of the
waste generator and the location where
the waste was generated.
Inactive Waste Disposal Sites
The revisions require the owner or
operator of an inactive waste disposal
site for a milling, manufacturing or
fabricating operation to notify the
Administrator in writing prior to
excavating or otherwise disturbing
asbestos-containing waste material that
has been deposited at the disposal site
and to record on the deed to the
property a notation that will inform
future purchasers of the property that it
has been used for the disposal of
asbestos-containing waste material and
that the survey plot and record of the
location and quantity of such waste
material are on file with the
Administrator.
Active Waste Disposal Sites
The revisions require the owner or
operator of an active waste disposal site
to maintain WSRs and report in writing
the receipt of a significant amount of
improperly enclosed or uncovered waste
to EPA by the following working day.
The owner or operator of an active
waste disposal site is required by the
revisions promulgated today to send a
signed copy of the WSR bade to the
waste generator no more than 30 days
after receipt of the waste, to attempt to
reconcile any discrepancy between die
quantity given on the WSR and the
quantity actually received and, failing to
do so within 10 days after receiving the
waste, to report the discrepancy and
any attempts to reconcile it to the
Administrator. The revisions
promulgated today also require the
owner or operator of an active disposal
site to maintain records of the location,
depth and area, and volume of asbestos-
containing waste material within the
disposal site oo a map or diagram of the"
disposal area. Upon closure, the owner
or operator must comply with all the
rules promulgated for inactive waste
difposal sites. A revision requires the
owner or operator of an active waste
disposal site to notify the Administrator
in writing prior to excavating or
otherwise disturbing asbestos-
containing waste material that has been
deposited at the disposal site and
covered.
Asbestos Conversion Processes
A section is promulgated to clarify
that operations that convert asbestos-
containing waste material into
nonasbestos (asbestos-free) material are
covered by the NESHAP. The provisions
promulgated require the owner or
operator of audi an operation to obtain
prior written approval of the
Administrator to construct the facility,
and conduct a start-up performance teat
using specified analytical methods and
procedures. Requirements for
continuous monitoring during and after
the initial 90 days of operation,
emissions control, maintenance of
records of test results on site, and
reports to the Administrator are also
promulgated today.
II. Environmental, Energy and Economic
Impacts
The environmental, energy, and
economic impacts of the revisions for
demolition and renovation, including
waste disposal, were estimated from
two baselines. One is full compliance
with the NESHAP, and the other ia
current use of engineering controls and
work practices. Enforcement experience
indicates that many asbestos removal
operations related to demolition and the
subsequent waste disposal operations
are performed out of compliance with
the NESHAP. The lack of oompUance
with the NESHAP removal provisions
leada to the improper disposal of seme
waste, especially demolition waste, with
the result that emissions from the
disposal of demolition waste greatly
exceed other emissions, Inducing
process emissions from milling,
manufacturing, and fabricating. Liability
and other eonsidaratiana generally lead
the owners of buildings being renovated
to follow or even exceed the
requirements of the NESHAP. Thus, the
appropriate baseline for demolition is
current use of work praetioes rather
than full compliance. At asbestos
milling, manufacturing, and fabricating
facilities, the required air pollution
control devices are generally in place.
Thus, for milling, manufacturing, and
fabricating, full compliance with the
NESHAP, including the waste disposal
requirements, is assumed for the
baseline.
Few emission measurement data exit
for asbestos sources. Thus, emissions
were estimated using engineering
methods and assumptions, which
resulted in substantial uncertainty. A
detailed description of the approaches
used to estimate emissions is found in
"Asbestos Emission Estimates for
Milling, Manufacturing. Fabricating.
Demolition, Renovation, and Waste
Disposal," which is contained in Docket
A-88-28. Estimated process emissions
under the current NESHAP at full
compliance for milling, manufacturing,
and fabricating are approximately 7,400
kg/yr. Based on current practices,
estimated emissions from the removal
activities associated with demolition
and renovation are approximately 1,300
kg/yr and estimated waste disposal
emissions from all sources are 227,000
kg/yr. If demolition and renovation were
in full compliance, estimated emissions
from asbestos removal activities
associated with demolition and
renovation would be about 700 kg/yr.
Estimated emissions from waste
disposal, assuming full compliance with
the NESHAP by all aources, would be
about 600 kg/yr.
The costs of the revisions are
expected to be small relative to normal
operating costs for these industries. The
revisions are intended to promote
compliance and enhance enforceability.
Small additional costs are associated
with the recordkeeping and reporting
requirements of the revisions. Economic
impacts of the promulgated alternatives
are expected to be minimal. Adverse
impacts of the promulgated revisions on
water, noise, and energy were
considered. Due to the nature of the
revisions, no significant advers&impacts
on water, noise, or energy are
anticipated.
m. Public Participation
The revisions were proposed and
published in the Federal Register on
January 10.198B (M FR 912). The
preamble to the proposed standards
revisions noted the availability in the
docket of the supporting information
used in developing the proposed
revisions. Public oomments were
solicited at the time of proposal.
To provide interested persons the
opportunity for oral presentation of
data, views, or arguments concerning
the proposed revisions, a public hearing
was hud on February 8,1989, at
Research Triangle Park, North Carolina.
The hearing was open to the public, and
6 persons presented comments.
The public comment period specified
in the Federal Register notice was from
January 10,1989 to March 7.1989. One
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48408 Federal Register / Vol. 55. No. 224 / Tuesday, November 20, 1990 / Rales and Regulations
hundred common* letters were received
in response to the Federal Register
proposal. The comments have been
carefully considered and. where
determined to be appropriate by the
Administrator, changes have been made
to the proposed revisions.
IV. Significant Comments and Changes
to the Proposed Revisions
Comments on the proposed revisions
were received from industry, trade
associations and regulatory agencies. A
detailed discussion of these comments
and responses can be found in the
promulgation BID, which is referred to in
the ADDRESSES section of this
preamble. The comments and responses
summarized in the BID serve as the
basis for the changes that have been
made to the revisions between proposal
and promulgation. The major comments
and responses are summarized in this
preamble. Most of the comment letters
contained multiple comments.
Significant comments have been divided
into the following areas: demolition and
renovation, and waste disposal.
Demolition and Renovation
Nonfriable ACM
Comment: Several commenters argued
that the rule should be modified to
clarify that certain products are
nonfriable and, therefore, not regulated.
Asbestos cement (A/C) products,
including transite and exterior shingles,
should be included among nonfriable
products according to commenters IV-
D-49, IV-D-72, and IV-D-93. Asbestos-
containing flooring products, such as tile
and sheet vinyl flooring, were
considered by severs] commenters (IV-
D-15. IV-D-47, IV-D-48, IV-D-55, IV-
D-84. and IV-D-95) to always be
nonfriable and exempt from the rule,
with the exception of flooring that was
being sanded (IV-D-47, IV-D-48].
Another commenter, IV-D-48, in
reference to asbestos roofing products,
argued that there is no basis in die
record for saying that severely
weathered asphaltic material could
become brittle. Commenters IV-D-21,
IV-D-31, IV-D-48. IV-D-49, and IV-D-
93 recommended that the rule be
clarified to exempt all nonfriable
materials as the rule is currently
understood. Commenter IV-D-93 argued
that in present day ACM, the asbestos
fibers are locked in cement or
bituminous or resinous binders and that
the materials can be removed and
disposed of without any significant
release to the environment.
Response: In 1973 when the asbestos
NESHAP rules were first promulgated
for the demolition of buildings. EPA's
intention was to distinguish between
materials that would readily release
asbestos fibers when damaged or
disturbed and those materials that were
unlikely to result in the release of
significant amounts of asbestos fibers.
To accomplish this, EPA labeled as
"friable" those materials that were
likely to readily release fibers. Friable
materials, when dry, could easily be
crumbled, pulverized, or reduced to
powder using hand pressure. The term
"reduced to powder" is readily
understood to mean that the affected
material is changed to a dust or powder
that can become airborne. "Pulverized"
indicates that the resulting material will
include dust as well as a large number
of small pieces of the original material
The term "crumbled" indicates that the
affected material is easily (i.e., using
hand pressure) broken into a large
number of small pieces. Although dust is
likely to be produced as a result of
crumbling, it is possible that there are
some types of materials that can be
crumbled without producing dust. It is
also understood that crumbling refers to
an action that occurs essentially in one
effort and not to repeated attempts to
crumble the material. For example, floor
tile in good condition can be broken by
hand into a few large pieces, but it is not
easily broken in one effort into many
small pieces. On the other hand, floor
tile that has lost its structural matrix is
in poor condition and can be broken into
many small pieces in one effort.
Later, EPA realized that, in some
instances, nonfriable materials that
were subjected to intense forces, such
as the intense mechanical forces
encountered during demolition could be
crumbled, pulverized, or reduced to
powder. In these instances, certain
materials which had been considered
nonfriable appeared capable of
releasing significant amounts of
asbestos fibers to the atmosphere.
Examples of practices that were
observed by EPA to reduce otherwise
nonfriable asbestos material to dust
capable of becoming airborne included
the breaking of nonfriable insulation
from steel beams by repeatedly running
over the beams with a crawler tractor.
In view of the damage done to these
otherwise nonfriable materials and the
resulting increased potential for fiber
release, these and other similar
practices involving nonfriable asbestos
material were considered to render
nonfriable ACM into dust capable of
becoming airborne.
As a result, EPA issued a policy
determination in 1985 regarding die
removal of nonfriable asbestos material
that was consistent with EPA's intent to
distinguish between material that could
release significant amounts of asbestos
fibers during demolition and renovation
operations and those that would not.
This policy determination stated in
essence that any ACM, whether
originally friable or nonfriable that
become (or are likely to become)
crumbled, pulverized, or reduced to
powder are covered by the NESHAP.
Specifically, the determination stated
that
* * * even though the regulations address
only material that is presently friable, it does
not iimit itself to material that is friable at the
time of notification. Rather, if at any point
during the renovation or demolition,
additional friable asbestos material
is * * * created from nonfriable forms, then
this additional friable material becomes
subject to the regulations from the time of
creation * • •
The issuance of this determination did
not alter the intent of the NESHAP, but
was consistent with the intent of the
standard that was written to prevent
significant emissions of asbestos fibers.
The intent of the policy determination
was that it apply narrowly to specific
instances where otherwise nonfriable
materials would be damaged during
demolition or renovation to the extent
that significant amounts of asbestos
fibers would be released to the
atmosphere. A statement in the
determination to the effect that some
nonfriable materials may remain
nonfriable throughout demolition and
renovation is evidence that this
determination was intended to be
narrowly interpreted and not used to
require removal of all nonfriable
materials. For example, materials such
as resilient floor covering, asphalt
roofing products, packings, and gaskets
would rarely, if ever, need to be
removed because, even when broken or
damaged, they would not release
significant amounts of asbestos fibers.
But, fust as it is important to recognize
that some nonfriable materials do not
have to be removed prior to demolition,
it is also important to recognize that
some nonfriable materials should be
removed prior to demolition if, as a
result of the forces of demolition,
nonfriable material is likely to become
crumbled, pulverized, or otherwise
reduced to powder. For example, the
A/C siding on a building that is to be
demolished using a wrecking ball is very
likely to be crumbled or pulverized with
increased potential for the release of
significant levels of asbestos fibers.
Such material in this instance should be
removed prior to demolition.
Since this policy determination was
made, there has been some confusion in
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Federal Register / Vol. 55, No. 224 / Tuesday, November 20, 1990 / Rulea and Regulations
its application. As a result, contractors
operating in more than one enforcement
jurisdiction have encountered deferent
interpretations for similar demolition
operations. For example, theie have
been instances in which contractors are
required, prior to demolition, to remove
floor tile in one enforcement jurisdiction
but not in another. Contractors and/or
building owners and operators are
unsure as to what materials must be
removed and what materials can be left
in place and are often hesitant to
proceed without a ruling from EPA,
which can involve significant delays.
As a consequence, EPA received a
number of requests from State and
regional enforcement agencies to clarify
what is required under the NESHAP in
dealing with nonfriable materials since
the 1985 policy determination was
issued. In response to these requests, a
clarification of the nonfriable issue was
included in the revisions proposed on
January 10,1980. These revisions were
intended to clarify the intent of the
original rule. Basically, EPA stated in
the January 10,1989, Federal Register
notice that certain nonfriable materials,
such cs floor tile, roofing products, and
packings and gaskets that are in good
condition, can be left in buildings being
demolished because fiber release from
these materials, even if the materials are
damaged, is relatively small compared
to the fiber release from friable
materials. Other nonfriable products
such as A/C products have a greater
potential to release asbestos fibers
when heavily damaged and may have to
be removed prior to demolition.
In response to the revisions proposed
on January 10,1888, numerous
comments were submitted to EPA. Many
of the commenters argued that EPA was
attempting to regulate nonfriable
materials, which were explicitly
exempted in previous asbestos NESHAP
rulemakings. Many comments stated
that the proposed revisions did not help
to clarify EPA's position on nonfriable
material and may have made matters
more confusing.
In responding to die comments, a
literature survey was conducted to
determine if it was possible to quantify
the fiber release potential of nonfriable
materials when they are damaged
during demolition. All of the available
data on fiber release from floor tile,
roofing products, gaskets, packings, and
A/C products was reviewed. In some
instances, the fiber release data were
measured during actual removal
operations, while other data were from
simulated removal activities in
laboratory settings. For the materials
evaluated, the potential for fiber release
appeared minimal and substantially
lower than for friable materials. These
findings, while uncertain, support EPA's
original argument that there is a basis
for making a distinction between
materials that readily release fibers and
those that do not.
As a result of the comments received
on this issue and the additional
information gathered in response to
comments, EPA has been able to
compile a list of nonfriable ACM that,
under normal conditions, do not have to
be removed prior to demolition
operations. These ACM are not
expected to release significant amounts
of asbestos fibers to the outside air
during demolition and, consistent with
the intent of the existing standards, are
not being regulated. A definition of
"category I nonfriable ACM" is added to
the final rule, which lists resilient floor
covering, roofing products, gaskets, and
packings. However, if these materials
are in poor condition and are friable or
they are subjected to sanding, grinding,
cutting, or abrading, they are to be
treated as friable asbestos material.
. Category 1 nonfriable ACM that is in
poor condition, but is not friable and
will not be subjected to sanding,
grinding, cutting, or abrading, is not
subject to the NESHAP. "In poor
condition" has been defined to mean
that the binding of the material is losing
its integrity ss indicated by peeling,
cracking, or crumbling of the material.
Other nonfriable materials are identified
as Category 11 nonfriable ACM and have
to be evaluated on a case-by-case basis.
Category U materials that become
crumbled, pulverized, or reduced to
powder during removal or during
demolition are covered by the NESHAP.
Broken ACM
Comment Commenters IV-O-47, IV-
D-88, IV-D-83, and IV-D-48 explained
that see of the term "broken" to
describe materials that are subject to
the rule is inconsistent with the current
NESHAP and expands coverage of the
NESHAP. These oommenters stated that
merely breaking nonfriable material
does not equate to fiber release. One
commented IV-D-SB, noted that
noncompliance may Increase where
nonfriable material is broken during
demolition or renovation. but Is not
controlled or reported according to the
NESHAP.
RaaponBt: After considering this issue,
EPA agrees with commenters that
retaining the word "broken" could be
Interpreted as substantially increasing
the scope of the standard and, therefore,
has removed it from the definition. Most
nonfriable materials can be broken
without releasing significant quantities
of airborne asbestos fibers. It is only
when the material if extensively
damaged, /.e„ crumbled, pulverized, or
reduced to powder, that the potential for
significant fiber release is greatly
increased. Also, in the definitions of
"asbestos-containing waste material."
"friable asbestos material;" and
elsewhere, the word "broken" is
deleted. The EPA is planning to issue
additional information in the future on
this and other aspects of the NESHAP to
help enforcement officials and the
regulated community interpret and
apply the NESHAP provisions..
Inspections
Comment Three commenters argued
that EPA should include mandatory
asbestos surveys in the rule. Commenter
IV-D-4 ststed that EPA should require
surveys for all buildings prior to and
separate from any demolition or
renovation activity. Commenter IV-D-4
stated that such building surveys could
become part of a public record, making
the absence of a survey a violation.
Commenter IV-D-4 noted that, if the
survey indicated that a structure was>
asbestos free, all notification and
enforcement costs would be eliminated.
Also, commenter IV-D-4 explained that
a demolition without proper notification
could be eaaily established later.
Commenters TV-DS7 and IV-D-64
stated that EPA's requirement to survey
buildings prior to demolition and
renovation is implicit and should be
made explicit and require that surveys
be performed by an accredited asbestos
inspector. Commenter IV-D-57 also
noted that OSHA requires a building'
survey by a competent person ahd
stated that EPA should similarly require
a she-specific survey before demolition,
with details on. how the building will be
demolished and how the asbestos will
be controlled.
/{espanserThe EPA currently requires
that a facility be inspected for asbestos
prior to demolition or renovation. As a
result of the survey. Information on die
asbestos material present, the nature of
the demolition or renovation, and
measures that will be taken to control
emissions of asbestos must be reported
to EPA. Commenters IV-&-57 and IV-
D-M are oorrect in saying that it is an
implicit requirement mid that it Is not
stated explicitly In the role. The final
rah expressly requires a facility survey
for asbestos prior to demolition or
renovation. Although previously
implied, this revision clarifies EPA's
position on die requirement to perform
building surveys.
The EPA also considered the
suggestion to require that surveys be
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40410 Federal Register / Vol. 55, No. 224 / Tuesday, November 20, 1990 / Rules and Regulations
performed by an "accredited" inspector '
or by a "competent" person as required
by OSHA. OSHA's requirement to have
a competent person perform an
engineering survey prior to demolition
(26 CFR 1926.850) is to ensure that the
structural integrity of a structure is
sufficient to prevent worker injury
caused by the unplanned collapse of any
portion of the structure; a search for
asbestos is not required. An accredited
inspector or competent person can
perform the survey although using such
individuals is not required. Using an
accredited inspector and following the
AHERA requirements for building
inspections would help ensure a
thorough inspection of the facility as
required by the NESHAP. However. EPA
has not had this requirement before and
did not propose such a requirement. The
EPA will consider a requirement to use
accredited inspectors in future
amendments to the rule.
Commenter IV-D-4's suggestion to
require the survey of all buildings in
advance of demolition or renovation
would increase the stringency of the
regulation by requiring all owners and
operators to survey their facilities for
asbestos even when no demolition or
renovation operations were planned.
The revisions proposed on fanuary 10.
1989, are intended to clarify the rule and
promote compliance. The need for a
revision that would affect stringency
may be considered at a later date.
However, such a requirement would
require a substantial commitment of
resources to perform surveys of all
existing buildings. In addition, it is not
clear that it would always negate the
need for pre-demolition inspections in
the future.
Friable Asbestos Material—Analytical
Method
Comment Commenters IV-D-17, IV-
D-35. and FV-D-70 supported the
proposed changes to the definition of
"friable asbestos material," specifically
the change to percent by area.
Commenter IV-D-89 argued that to go
from percent weight to percent area may
have a mafor impact on coverage
because there may be wide
discrepancies in the results reported by
the two methods. Commenter IV-D-69
provided an example of this, stating that
a cement-based fireproofing that
contained 30 percent asbestos by area
contained less than 1 percent by weight
Commenter IV-D-70 felt that the
definition of "friable asbestos material"
was appropriate; however, the method
referenced should not be limited to point
counting in view of 47 FR1982, p. 38535,
which clarifies the acceptability of "an
equivalent estimation method."
Commenter IV-D-78 stated that the
definition would require asbestos
content to be determined by
transmission electron microscopy (TEM)
analysis, and that the high cost of TEM
should be considered. Commenter IV-D-
78 recommended that the current
method continue to be accepted with
TEM specified over other methods.
Response: The revisions to the
asbestos NESHAP proposed on January
10,1989 would have changed the
definition of "friable asbestos material"
from "greater than 1 percent weight" to
"greater than 1 percent area" and
referenced a method for the analysis.
Because the method referenced actually
contains two analytical methods—
polarized light microscopy (PLM) which
currently measures area, and x-ray
diffraction (XRD) which measures
weight—EPA has modified the definition
to specify the PLM method to avoid
possible confusion as to which method
is referenced. Because the PLM point
counting method measures percent area,
the phrase "by area" is not necessary
and has been taken out of the definition.
The difference between percent area
and percent weight depends on the
density and volume of materials in the
sample. These relationships are
described in Asbestos Content in Bulk
Insulation Samples; Visual Estimates
and Weight Composition (EPA-560/5-
88-011, September 1988]. However, the
fact remains that the PIA1 procedure
used to determine the amount of
asbestos in building materials (Interim
Method for the Determination of
Asbestos in Bulk Insulation Samples
(EPA-800/ M4-82-020, December 1982)
measures percent area and not percent
weight. PLM laboratories polled at
meetings of the National Asbestos
Council admitted that percent area is
what they measure and report
Accordingly, there should be no impact
on the standard from the proposed
change.
Point counting is not required for the
PLM procedure. An equivalent visual
estimation technique may be used.
Visual estimation may be made during
macroscopic examination with a
stereobinocular microscope, resulting in
a volumetric estimation of components.
For most samples, quantitation by
macroscopic examination is preferred.
Visual estimation may also be made
during polarized light microscopy (PLM)
examination, resulting in a projected
area estimation of components.
However, if the asbestos content is
.estimated to be less than 10 percent by a
method other than point counting, such
as visual estimation. EPA has revised
the definition to require that the
determination be repeated using the
point counting technique with PLM.
Point counting, a systematic technique
for estimating concentration, may also
be useful in quality assurance activities,
especially in establishing a relationship
between point counts and visual
estimation procedures.
The accuracy of quantitative data
from either technique of estimation is
dependent upon several factors,
including: sample homogeneity, asbestos
content, asbestos fiber size, the
presence of interfering matrix/binder
material, and the skill of the
microscopist. It is suggested that the
quantitation skill of the microscopist
may be improved and concurrently
verified through the use of calibration
standards. These standards may include
well-characterized bulk materials or in-
house calibration standards formuleted
by mixing known weights of commonly
available fibrous (asbestos, cellulose,
glass, etc.) and nonfibrous (plaster, clay,
vermiculite, calcium carbonate, etc.)
materials.
For some materials, experience has
shown that gravimetry (gravimetric
sample reduction) is a viable technique
to aid in the determination of asbestos
content. The technique involves the
systematic removal (and determination
of the resulting weight loss) of
interfering components, and the
concentration of esbestos in a residue,
the components of which are identified
by PLM. EPA is currently conducting
research to develop procedures that will
help determine the appropriate
analytical procedure to use based on the
type of material, the level of asbestos
present in the material, as well as other
factors.
TEM is' not recommended for routine
analysis of bulk samples. TEM may be
useful in the analysis of special
materials containing finely divided
asbestos particles- The EPA is currently
reviewing procedures for analyzing bulk
samples for asbestos. Under
investigation are procedures that would
determine what analytical techniques
are appropriate for bulk samples of
different materials and different
asbestos contents. For example, a
simple visual estimation technique may
be appropriate for the initial screening
of bulk samples of friable material If the
visual estimation technique indicates
that the asbestos content is less than 10
percent additional quantitation by point
counting would be required. If the
material to be analyzed contains
asbestos fibers below the limit of
resolution for PLM. which is often true
of floor tile, then analysis by TEM is
appropriate.
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Method of Notification
Comment• Several comments were
received on the requirement to use
certified mail for notifying EPA. Most of
the commenters objected to the use of
certified mail to the exclusion of other
methods.
Commenters IV-D-23, IV-D-24, IV-D-
25. IV-D-42, IV-D-78, IV-D-59, and IV-
D-65 considered the certified mail
requirement to be unnecessary for EPA
to achieve the intended purpose of the
notification process. It was stated that
certified mail would require a trip to a
post office, which is a deterrent to
timely notification. Commenters IV-D-
23. IV-D-24, IV-D-41, and IV-D-78
argued that notification by telefax
machine may be more practical than
certified mail. Commenters IV-D-25, IV-
D-65, and IV-D-83 suggested that
notification by telephone or telefax be
allowed, followed by a written
notification. Commenters IV-D-24, IV-
D-25, IV-D-42, and IV-D-65 observed
that regular mailing of notices works
satisfactorily and should be allowed.
Commenters IV-D-28 and IV-D-66
favored allowing the use of overnight
mail.
Commenter IV-D-59 argued that, if a
State agency has jurisdiction, the
method of notification should be left up
to the State agency.
Commenter IV-D-32 argued that all
notifications should be in writing
because telephone notification does not
result in a legally enforceable written
record. Also, commenter IV-D-32 stated
that allowing the use of telephones
would promote schedule changes for
minor reasons that would not otherwise
be considered.
Response: Several of the commenters
objected to the required use of certified
mail even though EPA proposed the use
of certified mail as a way of ensuring
that owners/operators had proof of
notification. In view of the negative
comments and after reconsidering the
issue, the EPA has decided not to
require certified mail although its use
would be allowed. The use of the regular
mail system, /¦«., U.S. Postal Service, has
worked satisfactorily in the past and
will continue to be allowed. Also,
because the rule specifies postmark
"* * * or deliver* • V private
overnight mail delivery is permitted.
Regarding the use of telephone
facsimile (fax) machines to transmit
notices, EPA does not consider these
systems to be sufficiently reliable, at
this time, to allow their use. Often, it is
difficult to know whether a transmission
was successful Disadvantages
associated with their use include
occasional incomplete transmissions
and transmissions of poor quality
requiring faxed messages to be followed
by telephone contact to confirm proper
transmission. More than one
transmission may be required. In some
instances, quality cannot be improved.
Also, because of competing messages, it
often requires a long time before a fax
can be properly transmitted and
verified. The EPA may consider the use
of facsimile machines in the future when
their reliability has been improved.
The EPA does not consider it
necessary to allow the use of the
telephone for the original notification of
a demolition or renovation activity
covered by this standard. The
notification must be in writing.
Where States or local authorities
enforce their own asbestos-regulations,
they may choose the notification
procedures. But if a State is delegated
authority for enforcing the NESHAP,
then they must adhere to the NESHAP*s
requirements.
The EPA is in agreement with the
commenter who favors written
notifications over telephone
notifications and the final rule continues
to require the former.
It should be noted that OSHA has
recently proposed notification
requirements (55 FR 28712, July 20,1990)
similar to those in the NESHAP. The
EPA is coordinating with OSHA during
their rulemaking to determine the most
efficient mechanism to avoid duplication
and ensure that both EPA and OSHA
receive adequate notice without unduly
burdening industry.
Renotification
Comment' Numerous comments were
received on the proposed renotification
requirements. Although a few favored
the requirements as proposed and a few
thought the requirements should be
more stringent, most of the commenters
favored the use of telephone
renotification. The comments were as
follows:
Commenter IV-D-28 disagreed with
the NADC comment in the proposal
preamble that renotification by
telephone should be allowed;
commenter IV-D-28 recommended a 10-
day written noticsfor all projects.
Commenter IV-D-21 suggested that
the renotification provisions be made
more flexible by allowing the actual
start date to vary by a couple of days for
projects lasting longer than 8 days
before requiring the owner/operator to
renotify.
Commenters IV-D-21, IV-D-25, IV-D-
28, IV-D-38, IV-D-37, IV-D-41, IV-D-
42, IV-D-45, IV-D-48, IV-D-49, IV-D-
50. IV-D-58, IV-D-59, IV-D-flO, IV-D-
61, IV-D-62, IV-D-65, IV-D-M, IV-D-
71, IV-D-73, IV-D-74. IV-D-76, IV-D-
87, IV-D-88, and IV-D-94 suggested that
EPA allow the use of some other means
besides certified mail for renotification,
such as same day telephone or telefax
messages, when a 5-day written notice
would further delay the project. This
would be simpler and less time-
consuming. Commenter IV-D-41 also
suggested that, when it is feasible to
provide a 5-day written notice, i.e..
delays are known at least 5 days in
advance, then such notice would be
provided. Also, as commenters IV-D-46,
IV-D—49, IV-D-50. IV-D-58, IV-D-60.
IV-D-62, IV-D-89, and IV-D-73
suggested, a telephone notice could be
followed by a written notice.
According to commenters IV-D-23,
IV-D-24, IV-D-38, IV-D-37, IV-D-41.
IV-D-42, IV-D-43, IV-D-45, IV-D-46,
IV-D-49, IV-D-50, IV-D-61, IV-D-58,
IV-D-59, IV-D-83, IV-D-64, IV-D-73,
IV-D-75, IV-D-76, IV-D-78, IV-D-87,
IV-D-88, and IV-D-94, there are
numerous unforeseen factors, such as
equipment mobilisation problems,
personnel evailability, weather, or other
project difficulties, that can cause a
removal project to start on a date other
than the one submitted in the original
notification. These commenters
explained that the proposed
renotification requirements, with their
additional waiting requirements, could
result in unreasonable project delays
and significantly increased project costs.
Several of these commenters and
commenter IV-D-84 suggested that EPA
allow a project to start within some
reasonable period of time, such as a
couple of days, of the original start date
without having to renotify EPA in
writing. The EPA should provide for
some flexibility in predicting the exact
¦tart date. In the experience of one of
the commenters, Jobs usually atari
within a day or two of the scheduled
date.
Response; The EPA agrees that a 10-
day advance notice is appropriate for
demolitions and renovations that can be
planned for and scheduled. In some
situations, however, audi aa emergency
renovations or government-ordered
demolition of buildings that are in
danger of imminent collapse, EPA
considers shorter notification periods
appropriate. For renotification, a 10-day
additional waiting period would be
- excessively burdensome.
The EPA hat considered the
suggestion that telephone renotification
be permitted and has determined that
providing for the use of the telephone,
followed by a written notice, would
provide the necessary flexibility and
would be in the best interests of both
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48412 Federal Register / Vol. 55, No. 224 / Tuesday, November 20. 1990 / Rules and Regulations
the regulated community and EPA. The
EPA does not want to interfere with
commerce by requiring a 5-day waiting
period for a written renotification when
a telephone call followed by a written
renotification would suffice. Nor does
EPA wish to make useless visits to jobs
that have been rescheduled because a
written renotification of a change in
start date was not received in time.
Emergency Renovation
Comment: Commenters IV-D-fl. IV-D-
14. IV-D-41, IV-O-42, and IV-D-49
stated that the scope of the term
"emergency renovation operation"
should not be limited to events resulting
in "unsafe conditions," but should
include events such as fires, ruptured
pipes, boiler failures, and other
situations that could present potential
public health or safety hazards if not
immediately attended to. Commenter
IV-D-18 asked if the definition would
include the release of asbestos into the
air. Commenter IV-D-83 recommended
that the definition include operations
necessary to protect equipment from
significant damage.
Response: Events that would
necessitate an emergency renovation
include those that may produce
immediately unsafe conditions as well
as those that, if not quickly remedied,
could reasonably be foreseen to result in
an unsafe or detrimental effect on
health. For example, a boiler in an
apartment building that suddenly
malfunctions during the winter would
need to be repaired immediately. To
protect equipment from significant
damage and to avoid imposing an
unreasonable financial burden by
requiring sources that experience a
sudden unexpected equipment failure to
wait 10 days, the final rule includes
equipment damage and financial burden
as additional reasons for emergency
renovations, and the definition of
emergency renovation is revised
accordingly.
Definition of Facility
Comment Several commenters argued
that the exclusion of residential
facilities having four or fewer dwelling
units should be eliminated. Commenter
IV-D-89 asserted that residential
demolition and renovation and
associated waste disposal involve
significant quantities of asbestos and
should be regulated. Commenter IV-D-
M aigued that residential buildings
having four or fewer units should not be
exempt from the work practices
provisions even (f they are exempt from
the notification requirement*.
Commenter IV-D-M recommended that
only facilities with one dwelling unit be
excluded because renters of apartments
are frequently exposed as a result of
asbestos work performed by untrained
workers.
Response: The recommendation to
remove the exemption for residential
facilities having four or fewer dwelling
units would expand die scope of the
rule. Revisions that alter stringency may
be considered during a later rulemaking.
However, EPA does not outsider
residential structures that are
demolished or renovated as part of a
commercial or public project to be
exempt from this rule. For example, the
demolition of one or more houses as part
of an urban renewal project a highway
construction project, or a project to
develop a shopping mall, industrial
facility, or other private development,
would be subject to the NESHAP. Nor
would the conversion of a hotel or large
apartment building to a condominium, a
cooperative, or a loft exempt the
structure from the NESHAP. To clarify
that condominiums, cooperatives, and
•lofts which exceed four dwelling units
are subject to die NESHAP, the
definition of facility has been modified
accordingly. The owner of a home that
renovates his house or demolishes it to
construct another house is not to be
subject to the NESHAP.
Definition of Installation
Comment- Commenter IV-D-83
aigued that the definition of
"installation" needs clarification and
asks whether a group of residential
buildings would be excluded. The
commenter argued that a group of
residential buildings at one location
being demolished or renovated by one
developer should be covered.
Response: A group of residential
buildings nnder the control of the aame
owner or opwatoi is considered an
installation according to the definition
of "installation" and is. therefore,
covered by the rule. As an example,
several houses located on highway
right-of-way that are all demolished as
Eart of the same highway project would
e considered an 'feastaBathm," even
when the houses an not proximate to
each other. !n this example, the houses
are under the contrail of fee same owner
or opeiator. La* the highway agency
responsible for the hi^iway prefect
Training
Comment Commented IV-D-18 and
IV-D-M recommended that a refresher
course be attended every 2 years.
Response: Regarding the commenters
who recommended that refresher
courses be taken every 2 years, EPA
agrees and has modified the rule to
require refresher courses. The EPA
considers such additional training
important to maintain familiarity with
the NESHAP as well as to keep abreast
of any changes in the standards.
Sanding. Grinding, or Abrading
Nonfriable ACM
Comment Commenters 1V-D-15, IV-
D-47, IV-D-48, IV-D-55, IV-D-84, and
IV-D-05 considered asbestos-containing
flooring products, such as tile and sheet
vinyl flooring, to always be nonfriable
and exempt from the nile, with the
exception of flooring that was being
sanded (Commenters IV-D-47 and IV-
D-48.)
Response: The EPA considers the
deliberate Banding, grinding, or abrading
(including drilling, cutting, and chipping)
of all nonfriable materials, including
resilient floor covering, asphalt roofing
material, packings, and gaskets to be
sources of asbestos emissions and the
revisions require otherwise nonfriable
ACM to be treated as if it were friable
when it is sanded, ground or abraded.
Also, a definition of "grinding" is
added to clarify the types of activities,
especially those involving nonfriable
asbestos materials, that are subject to
the regulation. For example, typical floor
tile removal methods, such as
mechanical chipping, result in the floor
tile being broken up into numerous small
fragments. This removal method is
subject to the NESHAP provisions.
Other floor tile removal methods are
available that do not result in the
malarial being so severely damaged.
Such methods inclade the uae of heat
from heat guns or electric heat
machines, the use of infrared machines,
flooding with water or amended water,
and the ese of dry ice or liquid nitrogen.
Theee methods when properly utilized
dlsw the ttei to be removed with a
minimum of damage to the tiles and
would not be subject to the NESHAP.
Definition of Nonfriable Asbestos
Material
Comment Commenters IV-D-15 and
IV-O-Maaaertod that the meaning of
*toonfriaMaM ia unclear because it was
cot defined in die leeMons proposed on
January M.10M. A problem may result
if it is considered the opposite of friable.
Commenter IV-D-39 also argued for a
definition of "nonfriable" and asserted
that like "friable." the threshold of at
least 1 percent by area should apply.
Response: TYa EPA agrees that the
meaning of "nonfriable" needs to be
clarified. A definition of "nonfriable
asbestos material" has been added to
the final rale. "The EPA considers
nonfriable asbestos material to be
material containing more than 1 percent
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Federal Register / Vol. 55, No. 224 / Tuesday, November 20, 1990 / Rules and Regulations 48413
asbestos by area that cannot be
crumbled, pulverized, or reduced to
power by hand pressure. However, some
nonfriable asbestos materials can be
crumbled, pulverized, etc., in the course
of demolition/renovation operations
leading to asbestos emissions and are,
therefore, subject to control under the
NESHAP,
Waste Disposal
Marking
Comment Commenters IV-D-61 and
IV-D-B8 asserted that the term
"placard" is inappropriate because it
has a specific application under DOT
regulations for hazardous waste
transport, and that the proposal should
be revised to maintain the distinction
between "marking" and "placarding" as
was done in RCRA and TSCA
rulemakings.
Response: The EPA has modified the
final rule to replace the term "placard,"
a term used by the DOT in its regulation
of the transportation of hazardous
materials, with the term "mark" as
suggested by the commenters. This
should help avoid confusing DOT
requirements with requirements under
the NESHAP.
Labeling
Comment: Commenters IV-D-18, IV-
D-28. IV-D-41, and IV-D-84
recommended that EPA in Section
61.150, and perhaps elsewhere, cite only
OSHA labels and delete references to
other labels because OSHA requires the
use of their labels in all cases.
Response: The EPA agrees with the
commenters who suggest that only
OSHA labels be required on containers
and has revised the final rule
accordingly.
Offsite Disposal
Comment Two commenters were
concerned with placarding and other
requirements of 161.149(d). Commenter
IV-D-22 stated that his company moves
tailings from the mill by dump truck or
earth-moving equipment to a disposal
site on company property and would
like the requirements for placards, etc.,
in i 61.149(d) changed to that they
would apply only to transport to an
offsite disposal facility.
Commenter IV-D-93 also suggested
that the requirements of 161.149(d)
should apply only to vehicles
transferring waste offsite.
Response: Although company
personnel may not require a warning
that asbestos waste is being
transported, others who are on site and
who are not company employees, e.g.,
vendor and construction personnel,
clearly do. Further, OSHA requires that
workers be informed of hazards to
which they are exposed. Accordingly,
EPA believes the provisions of
161.149(d) are appropriate as proposed
and should not be changed as suggested.
EPA Identification Number
Comment- Several comments
addressed the proposal to assign
identification numbers to generators of
asbestos waste. Most of the commenters
found the requirement confusing.
Commenters FV-D-fl and FV-D-49 stated
that the system of using EPA
identification numbers is confusing and
misleading and should be subject to
public comment rather than tacked onto
the final version of the amendments.
Commenter IV-D-25 wondered how the
system is to operate and whether they
would use the number they already have
for hazardous waste. Commenter IV-D-
26 was unclear as to who the generator
would be and suggested that the
abatement contractor be considered the
generator. Commenter IV-D-28 thought
that this requirement would generate a
list of one-time generators, and that it
should be deferred for further study.
Commenter IV-D-41 asked if RCRA
hazardous waste identification numbers
were going to be assigned to asbestos
waste generators. As explained by
commenter IV-D-61, not all generators
will have an EPA identification number
as required in 161.150(d) (l)(i) and (4)(i).
Commenters IV-D-62 and IV-D-63
expressed confusion over the proposed
identification number and urged that a
single number be assigned to an entire
company, rather than to each building or
facility. Commenter IV-D-18 asked how
the identification numbers are to be
determined and assigned; is it to be
done now, and, if the program is
delegated to a State or local program,
would this require a State identification
number?
Response: Because of the confusion
expressed by aO the commenters over
how a system of assigning identification
numbers to asbestos waste generators
would work, EPA hat reconsidered this
nvision and has decided to delete the
requirement far an identification
number. The EPA is confident that, even
without such a unique numbering
system, it will be possible to track waste
shipments for the purpose of pursuing
enforcement actions.
Semiannual Reports
Comment' Commenter IV-D-4
opposed semiannual reporting by
generators or disposal sites but
recommended exception reporting by
both. Commenter IV-D-fl noted that
semiannual reporting is also redundant
in view of the Superfund Amendments
and Reauthorization Act (SARA) Title
III regulations. Commenters IV-D-28,
IV-D-39, IV-D-41, IV-D-75, ajid IV-D-
63 asserted that EPA'should delete the
semiannual reporting requirement in
f 61.150(d)(4) because it is redundant
since the information is also provided
on the waste tracking form and will just
add more paperwork. Commenter IV-D-
94 was concerned that small, rural
landfills will use the proposed
recordkeeping requirements as an
excuse to refuse to eccept asbestos
waste, which could increase illegal
dumping. Commenter IV-D-&4 stated
that the regulation in effect prior to the
January 10,1989, proposal should be
retained.
Commenters IV-D-24, IV-D-61, and
IV-D-62 noted that most waste
shipment reporting now occurs on an
annual basis and that they preferred
annual to semiannual reporting.
Commenter IV-D-41 recommended that
EPA adopt the biennial reporting used
by EPA's Office of Solid Waste (OSW).
Commenter IV-D-65 stated that, if
necessary, EPA should supplement the
existing biennial RCRA report.
Commenter IV-D-63 asserted that it is
unnecessary for the generator to submit
semiannual waste disposal reports.
Commenter IV-D-81 stated that the
proposal imposes redundant reporting
requirements on owners/operators due
to 161.150(c)(4).
Commenter IV-D-51 argued that
industrial landfills on site that are
subject to RCRA and State statutes
should be exempt from the reporting and
recordkeeping requirements of
f 61.150(d). Commenter IV-D-65 stated
that 161.150(d) does not define
adequately who keeps disposal records
and who submits semiannual reports.
Commenter IV-D-65 felt that building
owners are unfamiliar with the report
called for in 161.150(d)(4).
Response: Upon additional
consideration of this provision, EPA has
decided to omit the requirement for
semiannual reporting from today's rule,
litis decision is based in part on several
comments opposing semiannual
reporting as unnecessary. In addition,
because of the targe commitment of
enforcement resources that would be
required for such a system to properly
function, EPA believes that the proposal
is overly ambitious at this time. The
EPA believes, however, that
enforcement can use the available
information and adequately identify
violators by comparing the waste
records that are required to be kept by
waste generators and waste disposal
sites. At this time, a more workable
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40414 Federal Register / Vol. 55, No. 224 / Tuesday, November 20, 1990 / Rules and Regulations
solution will be to require disposal sites
to report to CPA whenever there is a
discrepancy between the amount of
waste received and the amount reported
on the waste shipment papers. The
discrepancy report should be submitted
to the same agency that was notified of
the demolition or renovation and. if
different, to the agency responsible for
administering the NESHAP program for
the disposal site. In addition, new and
existing disposal sites will be required
to comply with the general reporting
provisions of 40 CFR part 61.
Specifically, new disposal sites will be
required to comply with the requirement
to apply for approval to construct
(I 614)7), and the requirements to notify
EPA of startup dates (S 61.09). Existing
disposal sites that will accept asbestos
waste after the effective date of the rule
will be required to supply EPA with
certain information concerning their
operations ({ 61.10). This information
will assist enforcement in tracking
asbestos waste.
Excepted Waste Shipment Report
The proposed revision! included a
requirement for waste generators to
indicate, as part of a semiannual report
to the Administrator, waste, shipments
for which 35 days or more have elapsed
since the waste was shipped without the
waste generator having received a copy
of the WSR signed and dated by the
disposal site owner or operator. While
EPA has determined that semiannual
reports are not necessary, it considers
this requirement a vital part of the
asbestos waste tracking system and a
provisions for excepted waste shipment
reports is included in the final rule.
Waste Conversion Processes
Commentr Commenter IV-D-21 asked
that procedures for sample preparation
for TIM be clarified; that comminution
size of particle reduction be specified;
that the standard or interim method of
analysis that is acceptable be identified;
and that laboratory qualifications
meeting requirements of the National
Institute of Standards and Technology
(NIST) and AHERA be identified.
Responte: Currently EPA has no
protocol for TEM analysis of output
materials. The final rale requires the
owner or operator of waste conversion
processes to submit a protocol for
sampling and analysis by TEM for
approval by EPA.
V. Administrative
The docket is an organized and
complete file of all the information
considered by EPA in the development
of this rulemaking. The docket is a
dynamic file, since material is added
throughout the rulemaking development
The docketing system is intended to
allow members of the public and
industrias involved to readily identify
and locate documents so that they can
effectively participate in the rulemaking
process. Along with the statement of
basis and purpose of the proposed and
promulgated revisions and EPA
responses to significant comments, the
contents of the docket, except for
interagency review materials, will serve
as the record in case of judicial review
(section 307(d)(7)(A)).
The effective date of this regulation is
November 20,1990. Section 112 of the
Clean Air Act provides that standards of
performance or revisions thereof
become effective upon promulgation
except that in the case of an existing
source, the standard shall not apply
until 90 days after its effective date.
As prescribed by section 112, the
promulgation of these standards was
preceded by the Administrator's
determination that asbestos presents a
significant risk to human health as a
result of air emissions from one or more
source categories and is therefore a
hazardous air pollutant (36 FR 3031,
dated March 31,1971). In accordance
with section 117 of the Act, publication
of these promulgated standards was
preceded by consultation with
appropriate advisory committees,
independent experts, and Federal
departments and agencies.
Section 317 of the Clean Air Act
requires the Administrator to prepare an
economic impact assessment for any
new standard promulgated under
section 112 of the Act. Since the costs of
the revision will be small, an economic
impact assessment was not considered
necessary for this regulation.
Information collection requirements
associated with this regulation (those
' included in 40 CFR part 60, subpart A
and subpart XXX) have been approved
by the Office of Management end
Budget (OMB) under the provisions of
the Paperwork Reduction Act of I960,44
U.S.C. 35010tteq. and have been
assigned OMB control number (2060-
0101).
Under Executive Order 12291, EPA is
required to Judge whether a regulation is
a "major nile" and therefore subject to
the requirements of • regulatory impact
analysis (RLA). The Agency has
determined that this regulation would
result in none of the adverse economic
effects set forth in section 1 of the Order
as grounds for finding a regulation to be
a "major rule." The Agency has,
therefore, concluded that this reguletion
is not s "major rule" under Executive
• Order 12291.
Hie Regulatory Flexibility Act of 1980
requires the Identification of potentially
adverse impacts of Federal regulations
upon small business *ntities. The Act
specifically requires the completion of a
Regulatorv Flexibility Analysis in those
instances where small business impacts
are possible. Because these standards
impose no adverse econoniic impacts, a
Regulatory Flexibility Analysis has not
been conducted.
Pursuant to the provisions of 5 U.S.C.
605(b), I hereby certify that this rule will
not have a significant economic impact
on a substantial number of small
entities.
list of Subjects in 40 CFR Part 61
Asbestos, Beryllium, Benzene,
Hazardous substances, Mercury,
Reporting and recordkeeping
requirements, Vinyl chloride, Blast
furnaces, Steel mills.
Dated: October 29,1990.
William K. Reilly,
Administrator.
40 CFR part 61 is amended as follows:
PART «1—[AMENDED]
1. The authority citation for 40 CFR
part 61. subpart M. is revised to read as
follows:
Authority: 42 U.S.C 7401. 7412. 7414. 7416.
7601.
2.-3. Section 61.140 is revised to reed
as follows:
161.140 Applicability.
The provisions of this subpart are
applicable to those sources specified in
S 61.142 through 61.151, 61.154, and
61.155.
4. In i 61.141, the following definitions
are revised: "Asbestos-containing waste
materials." "Commercial asbestos,"
"Demolition," "Emergency renovation
operation," "Fabricating." "Facility,"
"Facility component," "Friable asbestos
materials," "Inactive waste disposal
site," "Manufacturing." "Outside air,"
"Particulate asbestos material,"
"Planned renovation operation,"
"Remove," "Renovation," "Roadways."
"Strip," and "Visible emissions."
The following definitions are added:
"Adequately wet," "Category I
nonfriabie ACM." "Cutting." "Category
II nonstable ACM," "Fugitive sources,"
"Glove bag," "Grinding," "In poor
condition." "Installation." "Leak-tight,"
"Malfunction," "Natural barrier,"
"Nonfriabie asbestos containing
material," "Nonscheduled renovation
operation," "Owner or operator of e
demolition or a renovation activity."
"Regulated asbestos-containing
material," "Resilient floor covering,"
"Waste generator," "Waste shipment
record," and "Working day."
The definitions, "Adequately wetted"
end "Asbestos material," are removed.
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Federal Register / Vol. 55, No. 224 / Tuesday, November 20, 1990 / Rules and Regulations 48415
§61.141 Definitions.
• • # • *
Adequately wet means sufficiently
mix or penetrate with liquid to prevent
the release of particulates. If visible
emissions are observed coming from
asbestos-containing material, then that
material has not been adequately
wetted. However, the absence of visible
emissions is not sufficient evidence of
being adequately wet.
*****
Asbestos-containing waste materials
means mill tailings or any waste that
contains commercial asbestos and is
generated by a source subject to the
provisions of this subpart. This term
includes filters from control devices,
friable asbestos waste material, and
bags or other similar packaging
contaminated with commercial
asbestos. As applied to demolition and
renovations operations, this term also
includes regulated asbestos-containing
material waste and materials
contaminated with asbestos including
disposable equipment and clothing.
*****
Category I nonfriable asbestos-
containing material (ACM) means.
asbestos-containing packings, gaskets,
resilient floor covering, and asphalt
roofing products containing more than 1
percent asbestos as determined using
the method specified in appendix A.
subpart F, 40 CFR part 763, section 1,
Polarised Light Microscopy.
Category 11 nonfriable ACM means
any material, excluding Category ]
nonfriable ACM, containing more than 1
percent asbestos as determined using
the methods specified in appendix A,
subpart F. 40 CFR part 763, section 1,
Polarized Light Microscopy that, when
dry, cannot be crumbled, pulverized, or
reduced to powder by hand pressure.
Commercial asbestos means any
material containing asbestos that is
extracted from ore and has value
because of its asbestos content
Catting means to penetrate with a
sharp-edged instrument and includes
sawing, but does not include shearing,
slicing, or punching.
Demolition means the wrecking or
taking out of any load-supporting
structural member of a facility together
with any related handling operations or
the intentional burning of any facility.
Emergency renovation operation
means a renovation operation that was
not planned but results from a sudden,
unexpected event that, if not
immediately attended to. presents a
safety or public health hazard, is
necessary to protect equipment from
damage, or is necessary to avoid
imposing an unreasonable financial
burden. This term includes operations
necessitated by nonroutine failures of
equipment.
Fabricating means any processing
(e.g., cutting, sawing, drilling) of a
manufactured product that contains
commercial asbestos, with the exception
of processing at temporary sites (field
fabricating) for the construction or
restoration of facilities. In the case of
friction products, fabricating includes
bonding, debonding, grinding, sawing,
drilling, or other similar operations
performed as part of fabricating.
Facility means any institutional,
commercial public, industrial or
residential structure, installation, or
building (including any structure,
installation, or building containing
condominiums or individual dwelling
units operated as a residential
cooperative, but excluding residential
buildings having four or fewer dwelling
units); any ship; and any active or
inactive waste disposal site. For
purposes of this definition, any building,
structure, or installation that contains a
loft used as a dwelling is not considered
a residential structure, installation, or
building. Any structure, installation or
building that was previously subject to
this subpart is not excluded, regardless
of its current use or function.
Facility component means any part of
a facility including equipment
Friable asbestos material means any
material containing more than 1 percent
asbestos as determined using the
method specified in appendix A. subpart
F, 40 CFR part 763 section 1. Polarized
Light Microscopy, that when dry, can be
crumbled, pulverized, or reduced to
powder by hand pressure. If the
asbestos content is less than 10 percent
as determined by a method other than
point counting by polarized light
microscopy (PLM), verify the asbestos
content by point counting using PLM.
Fugitive source means any source of
emissions not controlled by an air
pollution control device.
Glove bag means a sealed
compartment with attached inner gloves
used for the handling of asbestos-
containing materials, properly installed
and used, glove bags provide a small
work area enclosure typically used for
small-scale asbestos stripping
operations. Information on glove-bag
installation, equipment and supplies,
and work practices is contained in the
Occupational Safety and Health
Administration's (OSHA's) final rule on
occupational exposure to asbestos
(appendix G to 28 CFR 1826.58).
Grinding means to reduce to powder
or small fragments and includes
mechanical chipping or drilling.
In poor condition means the binding
of the material is losing its integrity a?
indicated by peeling, cracking, or
crumbling of the material.
Inactive waste disposal site means
any disposal site or portion of it where
additional asbestos-containing waste
material has not been deposited within
the past year.
Installation means any building or
structure or any group of buildings or
structures at a sbigle demolition or
renovation site that are under the
control of the same owner or operator
(or owner or operator under common
control).
Leak-tight means that solids or liquids
cannot escape or spill out It also means
dust-tight.
Malfunction means any sudden and
unavoidable failure of air pollution
control equipment or process equipment
or of a process to operate in a normal or
usual manner so that emissions of
asbestos are increased. Failures of
equipment shall not be considered
malfanctions if they are caused in any
way by poor maintenance, careless
operation, or any other preventable
upset conditions, equipment breakdown,
or process failure.
Manufacturing means the combining
of commercial asbestos—or, in the case
of woven friction products, the
combining of textiles containing
commercial asbestos—with any other
material(s). including commercial
asbestos, and the processing of this
combination into a product. Chlorine
production is considered a part of
manufacturing.
Natural barrier means a natural
object that effectively precludes or
deters access. Natural barriers include
physical obstacles such as cliffs, lakes
or other large bodies of water, deep and
wide ravines, and mountains.
Remoteness by itself is not a natural
barrier.
Nonfriable asbestos-containing
material means any material containing
more than 1 percent asbestos as
determined using the method specified
¦ in appendix A. subpart F, 40 CFR part
783, section 1, Polarized Light
Microscopy, that when dry. cannot be
crumbled, pulverized, or reduced to
powder by hand pressure.
Nonscheduled renovation operation
means a renovation operation
necessitated by the routine failure of
equipment which is expected to occur
within a given period based on past
operating experience, but for which an
exact date cannot be predicted.
Outside air means the air outside
buildings and structures, including, but
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48416 Federal Register / Vol. 55, No. 224 / Tuesday, November 20. 1990 / Rules and Regulations
not limited to, the air under a bridge or
in an open air ferry dock.
Owner or operator of a demolition or
renovation activity means any person
who owns, leases, operates, controls, or
supervises the facility being demolished
or renovated or any person who owns,
leases, operates, controls, or supervises
the demolition or renovation operation,
or both.
Particulate asbestos materia1 means
finely divided particles of asbestos or
material containing asbestos.
Planned renovation operations means
a renovation operation, or a number of
such operations, in which some RACM
will be removed or stripped within a
given period of time and that can be
predicted. Individual nonscheduled
operations are included if a number of
such operations can be predicted to
occur during a given period of time
based on operating experience.
Regulated asbestos-containing
material (RACM) means (a) Friable
asbestos material, (b) Category 1
nonfriable ACM that has become
friable, (c) Category I nonfriable ACM
that will be or has been subjected to
sanding, grinding, cutting, or abrading,
or (d) Category II nonfriable ACM that .
has a high probability of becoming or
has become crumbled, pulverized, or
reduced to powder by the forces
expected to act on the material in the
course of demolition or renovation
operations regulated by this subpart.
Remove means to take out RACM or
facility components that contain or are
covered with RACM from any facility.
Renovation means altering a facility
or one or more facility components in
any way, including the stripping or
removal of RACM from a facility
component. Operations in which load-
supporting structural members are
wrecked or taken out are demolitions.
Resilient floor covering means
asbestos-containing floor tile, including
asphalt and vinyl floor die. and sheet
vinyl floor covering containing more
than 1 percent asbestos as determined
using polarized light microscopy
according to the method specified in
appendix A. subpart F. 40 CFR part 763,
Section 1. Polarized Light Microscopy.
Roadways means surfaces on which
vehicles travel. This term includes
public and private highways, roads, '
streets, parking areas, and driveways.
Strip means to take off RACM from
any part of a facility or facility
components.
* • # • •
Visible emissions means any
emissions, which are visually detectable
without the aid of instruments, coming
from RACM or asbestos-containing
waste material, or from any asbestos
milling, manufacturing, or fabricating
operation. This does not include
condensed, uncombined water vapor.
Waste generator means any owner or
operator of a source covered by this
subpart whose act or process produces
asbestos-containing waste material.
Waste shipment record means the
shipping document, required to be
originated and signed by the waste
generator, used to track and
substantiate the disposition of asbestos-
containing waste material.
Working day means Monday through
Friday and includes holidays that fall on
any of the days Monday through Friday.
5. Section 61.142 is revised to read as
follows:
S 61.142 Standard for asbestos mills.
(a) Each owner or operator of an
asbestos mill shall either discharge no
visible emissions to the outside air from
that asbestos mill, including fugitive
sources, or use the methods specified by
I 61.152 to clean emissions containing
particulate asbestos material before
they escape to, or are vented to. the
outside air.
(b) Each owner or operator of an
asbestos mill shall meet the following
requirements:
(1) Monitor each potential source of
asbestos emissions from any part of the
mill facility, including air cleaning
devices, process equipment, and
buildings that bouse equipment for
material processing and handling, at
least once each day, during daylight
hours, for visible emissions to the
outside air during periods of operation.
The monitoring shall be by visual
observation of at least 15 seconds
duration per eource of emissions.
(2) Inspect each air cleaning device at
least once each week for proper
operation and for changes that signal
the potential for malfunction, including,
to the maximum extent possible without
dismantling other than opening the
device, the presence of tears, holes, and
abrasions in Alter bags and for dust
deposits on the clean side of bags. For
air cleaning devices that cannot be
inspected on a weekly basis according
to this paragraph, submit to the
Administrator, and revise as necessary,
a written maintenance plan to include,
at a minimum, the following:
(i) Maintenance schedule.
(ii) Recordkeeping plan.
(3) Maintain records of the results of
visible emissions monitoring and air
cleaning device inspections using a
format similar to that shown in Figures 1
and 2 and include the following:
(i) Date and time of each inspection.
(ii) Presence or absence of visible
emissions.
(iii) Condition of fabric filters,
including presence of any tears, holes,
and abrasions.
(iv) Presence of dust deposits on clean
side of fabric filters.
(v) Brief description of corrective
actions taken, including date and time.
(vi) Daily hours of operation for each
air cleaning device.
(4) Furnish upon request, and make
available at the affected facility during
normal business hours for inspection by
the Administrator, all records required
under this section.
(5) Retain a copy of all monitoring and
inspection records for at least 2 years.
(6) Submit quarterly a copy of visible
emission monitoring records to the
Administrator if visible emissions
occurred during the report period.
Quarterly reports shall be postmarked
by the 30th day following the end of the
calendar quarter.
IIUJNO COM HM4HI
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Federal Register / Vol. 55, No. 224 / Tuesday. November 20,1990 / Rules and Regulations 43417
!
Date of
inspection
(mo/day/yr)
Time of
inspection
(a.m./p.m.)
Ai r
cleaning
device or
fugitive
source
designation
or number
1
Visible
emi ssions
observed
(yes/no),
corrective
action
taken
Dai ly
operating
hours
i
i
i
1
i
i
i
Inspector's
initials
Figure 1. Record of Visible Emission Monitoring
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4&418 Federal Register / Vol. 55, No. 224 / Tuesday, November 20,1990 I Rule* and Regulations
1. Air cleaning aevice designation or nurber
2. Date of inspection
3. Time of inspection
4. Is air cleaning device operating
properly (yes/no)
5. Tears, holes, or abrasions
in fabric filter (yes/no)
6. Dust on clean side of fabric filters
(yes/no)
7. Other signs of malfunctions or
potential malfunctions (yes/no)
8. Describe other malfunctions or signs of potential malfunctions.
9. Describe corrective act1on(s) taken.
10. Date and time corrective
action taken
11. Inspected by
(Print/Type Name; (Title) (Signature) (Date)
(Print/Type Name) (T1t4e)' (Signature) (Date)
Figure 2. A1r Cleaning Device Inspection Checklist
HULMQ COM Wft fff f
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Federal Register / Vol. £5. No. 224 / Tuesday, November 20. 1SS0 / Rules and Regulations 4831S
6. Section 61.143 is revised to read as
follows:
$61,143 Standard for roadways.
No person may construct or maintain
a roadway with asbestos tailings or
asbestos-containing waste material on
that roadway, unless, for asbestos
tailings.
(a) It is a temporary roadway on an
area of asbestos ore deposits (asbestos
mine): or
(b) It is a temporary roadway at an
active asbestos mill site and is
encapsulated with a resinous or
bituminous binder. The encapsulated
road surface must be maintained at a
minimum frequency of one per year to
prevent dust emissions; or
(c) It is encapsulated in asphalt
concrete meeting the specifications
contained in section 401 of Standard
Specifications for Construction of Roads
and Bridges on Federal Highway
Projects. FP-85.1985. or their equivalent.
7. In S 61.144, paragraph (a)(9) and
paragraphs (b) (l) and (2) are revised,
and paragraphs (b)(3) through (b)(8) are
added to read as follows:
§ 61.144 Standards (or manufacturing.
(a) * * *
(9) The manufacture of chlorine
utilizing asbestos diaphragm technology.
» % ~ « •
(b) * * •
(1) Discharge no visible emissions to
the outside air from these operations or
from any building or structure in which
they are conducted or from any other
fugitive sources; or
(2) Use the methods specified by
§ 61.152 to clean emissions from these
operations containing particulate
asbestos material before they escape to.
or are vented to, the outside air.
(3) Monitor each potential source of
asbestos emissions from any part of the
manufacturing facility, including air •
cleaning devices, process equipment,
and buildings housing material
processing and handling equipment, at
least once each day during daylight
hours for visible emissions to the
outside air during periods of operation.
The monitoring shall be visual
observation of at least 15 seconds
duration per source of emissions.
(4) Inspect each air cleaning device at
least once each week for proper
operation and for changea that signal
the potential for malfunctions, including,
to the maximum extent possible without
dismantling other than opening the
device, the presence of tears, holes, and
abrasions in filter bags and for dust
deposits on the clean side of bags. For
air cleaning devices that, cannot be
inspected on a weekly basis according
to this paragraph, submit to the
Administrator, and revise as necessary,
a written maintenance plan to include,
at a minimum, the following:
(i) Maintenance schedule.
(ii) Recordkeeping plan.
(5) Maintain records of the results of
visible emission monitoring and air
cleaning device inspections using a
format similar to that shown in Figures 1
and 2 and include the following.
(i) Date and time of each inspection.
(ii) Presence or absence of visible
emissions.
(iii) Condition of fabric filters,
including presence of any tears, holes
and abrasions.
(Iv) Presence of dust deposits on clean
side of fabric filters.
(v) Brief description'of corrective
actions taken, including date and time.
(vi) Daily hours of operation for each
air cleaning device.
(6) Furnish upon request, and make
available at the affected facility during
normal business hours for inspection by
the Administrator, all records required
under this section.
(7) Retain a copy of all monitoring and
inspection records for at least 2 years.
(6) Submit quarterly a copy of the
visible emission monitoring recprds to
the Administrator if visible emissions
occurred during the report period.
Quarterly reports shall be postmarked
by the 30th day following die end of the
calendar quarter.
6. Sections 61.146 and 61.147 are
removed, and i 61.145 is revised to read
as follows:
S 61.148 Standard tor demolition and
renovation.
(a) Applicability. To determine which
requirements of paragraphs (a), (b). and
(c) of this section apply to the owner or
operator of a demolition or renovation
activity and prior to the commencement
of the demolition or renovation,
thoroughly inspect the affected facility
or part of the facility where the
demolition or renovation operation will
occur for the presence of asbestos,
including Category I and Category Q
nonfriable ACM. The requirements of
paragraphs (b) and (c) of this section
apply to each owner or operator of a -
demolition or renovation activity,
including the removal of RACM as
follows:
(1) In a facility being demolished, all
the requirements of paragraphs (b) and
(c) of this section apply, except as
provided in paragraph (a)(3) of this
section, if the combined amount of
RACM is
(i) At least 80 linear meters (280 linear
feet) on pipes or at least 15 square
meters (160 square feet) on other facility
components, or
(ii) At least 1 cubic meter (35 cubic
feet) off facility components where the
length or area could not be measured
previously.
(2) In a facility being demolished, only
the notification requirements of
paragraphs (b)(1). (2). (3)(i) and (iv). and
(4)(i) through (vii) and (4)(ix) and (xvi) c!
this section apply, if the combined
amount of RACM is
(i) Less than 80 linear meters (260
linear feet) on pipes less than IS square
meters (160 square feet) on other facility
components, and
(ii) Less than one cubic meter (35
cubic feet) off facility components
where the length or area could not be
measured previously or there is no
asbestos.
(3) If the facility is being demolished
under an order of a State or local
government agency, issued because the
facility is structurally unsound and in
danger of imminent collapse, only the
requirements of paragraphs (b)(1), (b)(2).
(b)(3)(iii), (b)(4) (except (b)(4)(viii)),
(b)(5), and (c)(4) through (c)(9) of this
section apply.
(4) In a facility being renovated,
including any individual nonscheduled
renovation operation, all the
requirements of paragraphs (b) and (c)
of this section apply if the combined
amount of RACM to be stripped,
removed, dislodged, cut, drilled, or
similarly disturbed is
(i) At least 80 linear meters (260 linear
feet) on pipes or at least 15 square
meters (160 square feet) on other facility
components, or
(ii) At leaat 1 cubic meter (35 cubic
feet) off facility components where the
length or area could not be measured
previously.
(ill) To determine whether paragraph
(a)(4) of this section applies to planned
renovation operations involving
individual nonscheduled operations,
predict the combined additive amount of
RACM to be removed or atripped during
a calendar year of January l through
December 81.
(iv)To determine whether paragraph
(a)(4) of this section applies to
emergency renovation operations,
estimate the combined amount of RACM
to be removed or atripped as a result of
the sudden, unexpected event that
necessitated the renovation.
(5)'Ownera or operators of demolition
and renovation operations are exempt
from the requirementa of It 61.05(a).
61X7, and 61.09.
(b) Notification requirements. Each
owner or operator of a demolition or
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48420 Federal Register / Vol. 55, No. 224 / Tuesday, November 20, 1990 / Rules and Regulations
renovation activity to which this section
applies shall:
(1) Provide the Administrator wi:h
written notice of intention to demolish
or renovate. Delivery of the notice by
U.S. Postal Service, commercial delivery
service, or band delivery is acceptable.
(2) Update notice, as necessary,
including when the amount of asbestos
effected changes by at least 20 percent.
(3) Postmark or deliver the notice as
follows:
(1) At least 10 working day« before
asbestos stripping or removal work or
any other activity begins (such as site
preparation that would break up,
dislodge or similarly disturb asbestos
material), if the operation is described in
paragraphs (a) (1) and (4) (except
(a)(4)(iii) and (a)(4)(iv)} of this section. If
the operation is as described in
paragraph (a)(2) of this section,
notification is required 10 working days
before demolition begins.
(ii) At least 10 working days befoie
the end of the calendar year preceding
the year for which notice is being given
for renovations described in paragraph
(a)(4)(iii) of this section.
(iii) As early as possible before, but
not later than, the following working
day if the operation is a demolition
ordered according to paragraph (a)(3) of
this section or, if the operation is a
renovation described in paragraph
(a)(4)(iv) of this section.
(K ) For asbestos stripping or removal
work in a demolition or renovation
operation, described in paragraphs (a]
(J) and (4) (except (a)(4Kiii) and
(a)(4)(iv)) of this section, and for a
demolition described in paragraph (a)(2)
of this section, that will begin on a date
other than the one contained in the
original notice, notice of the new start
date mutt be provided to the
Administrator as follows:
(A) When the asbestos stripping or
removal operation or demolition
operation covered by this paragraph will
begin after the date contained in the
notice,
(J) Notify the Administrator of the
new start date by telephone as soon as
possible before the original start date,
and
(2) Provide the Administrator with a
written notice of the new start date as
soon as possible before, and no later
than, the original start date. Delivery of
the updated notice by the U.S. Postal
Service, commercial delivery service, or
hand delivery is accepteble,
(B) When the asbestos stripping or
removal operation or demolition
operation covered by this paragraph will
begin on a date earber than the original
start date,
(J) Provide the Administrator with a
written notice of the new start date et
leas! 10 working days before asbestos
stripping or removal work begins.
(2) For demolitions covered by
paragraph (a)(2) of this section, provide
the Administrator written notice of a
new start date at least 10 working days
before commencement of demolition.
Delivery of updated notice by U.S.
Postal Service, commercial delivery
service, or hand delivery is acceptable.
(C) in no event shall an operation
covered by this paragraph begin on a
date other than the date contained in the
written notice of the new start date.
(4) Include the following in the notice:
(i) An indication of whether the notice
is the original or a revised notification.
(ii) Name, address, and telephone
number of both the facility Owner and
operator and the asbestos removal
contractor owner or operator.
(iii) Type of operation: demolition or
renovation.
(iv) Description of the facility or
affected part of the facility including the
size (square meters (square feet] and
number of floors), age, and present and
prior use of the facility.
(v) Procedure, including analytical
methods, employed to detect the
presence of RACM and Category I qnd
Category II nonviable ACM.
(vi) Estimate of the approximate
amount of RACM to be removed from
. the facility in terms of length of pipe in
linear meters (linear feet), surface area
in square meters (square feet) on other
facility components, or volume in cubic
meters (cubic feet) if off the facility
components. Also, estimate the
approximate amount of Category 1 and
Category II nenfriabie ACM in the
affected part of the facility that will not
be removed before demolition.
(vii) Location and street address
(including building nvmber or name and
.floor or room number, if appropriate),
city, county, and state, of the facility
being demolished or renovated.
(viii) Scheduled starting and
completion datea of asbestoe removal
work (or any other activity, such as site
preparation that would break np,
dislodge, or atmilariy disturb asbestos
material) in a demolition or renovation;
planned renovation operations involving
individual nonscheduled operations
shall only include the beginning and
ending dates of the report period as
described in paragraph (a jftXHi) of this
section.
(ix) Scheduled starting and
completion dates of demolition or
renovation.
- (x) Description of planned demolition
or renovation work to be performed and
method(s) to be employed, including
demolition or renovation techniques to
be used and description of affected
tacihi., components.
(xi) Description of work practices and
engineering controls to be used to
comply with the requirements of this
subpert, including asbestos removal and
waste-handling emission control
procedures.
(xfi) Name and location of the was'.t
disposal site where the asbestos-
containing waste material will be
deposited.
fxiii) A certification that at least one
person trained as required by paragraph
(c)(8) of this section will supervise the
stripping and temoval described by this
notification. This requirement shall
become effective 1 year after
promulgation of this regulation.
(xiv) For facilities described in
paragraph (a)(3) of this section, the
name, title, and authority of the State or
local government representative who
has ordered the demolition, the date tb»t
the order was issued, and the date on
which the demolition was ordered to
begin. A copy of the order shall be
attached to the notification.
(xv) For emergency renovations
described in paragraph (a)(4)(iv) of this
section, the date and hour that the
emergency occurred, a description of the
sudden, unexpected event, and an
explanation of how the event caused an
unsafe condition, or would cause
equipment damage or an unreasonable
financial burden.
(xvi) Description of procedures to be
followed in the event that unexpected
RACM is found or Category U nonfriable
ACM becomes crumbled, pulverized, or
reduced to powder.
(xvii) Name, address, and telephone
number of the waste transporter.
(5) The information required in
paragraph (b)(4) of this section must be
reported using a form aimiliar to that
ahownia Figure 3.
(c) Procedure* for asbestos emission
contra). Each owner or operator of a
demolition or renovation activity to
whom this paragraph applies, according
to paragraph (a) of this section, shall
comply with die following procedures:
(1) Remove aO RACM from a facility
being demolished or renovated before
any activity begins that would break up,
dislodge, or similarly disturb the
material or precede access to the
material for subsequent removal. RACM
need not be removed before demolition
if:
(i) It is Category I nonviable ACM
that is not in poor condition and is not
friable.
(ii) It is on a facility component that is
encased in concrete or other similarly
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Federal Register / Vol. 55, No. 224 / Tuesday, November 20. 1990 / Rules and Regulations 48421
hard material and is adequately wet
whenever exposed during demolition: or
(iii) It was not accessible for testing
and was, therefore, not discovered until
after demolition began and, as a result
of the demolition, the material cannot be
safely removed. If not removed for
safety reasons, the exposed RACM and
any asbestos-contaminated debris must
be treated as asbestos-containing waste
material and adequately wet at all times
until disposed of.
(iv) They are Category II nonfriable
ACM and the probability is low that the
materials will become crumbled,
pulverized, or reduced to powder during
demolition.
(2) When a facility component that
contains, is covered with, or is coated
with RACM is~being taken out of the
facility as a unit or in sections:
(i) Adequately wet all RACM exposed
during cutting or disjoining operations;
and
(ii) Carefully lower each unit or
section to the floor and to ground level,
not dropping, throwing, sliding, or
otherwise damaging or disturbing the
RACM.
(3) When RACM is stripped from a
facility component while it remains in
place in the facility, adequately wet the
RACM during the stripping operation.
(1) In renovation operations, wetting is
not required if:
(A) The owner or operator has
obtained prior written approval from the
Administrator based on a written
application that wetting to comply with
this paragraph would unavoidably
damage equipment or present a safety
hazard; and
(6) The owner or operator uses of the
following emission control methods:
(2) A local exhaust ventilation and
collection system designed and operated
to capture the particulate asbestos
material produced by the stripping and
removal of the asbestos materials. The
system must exhibit no visible emissions
to the outside air or be designed and
operated in accordance with the
requirements in 101.152.
(2) A glove-bag system designed and
operated to contain the particulate
asbestos material produced by the
stripping of the asbestos materials.
(J) Leak-tight wrapping to contain all
RACM prior to dismantlement
(ii) In renovation operations where
wetting would result in equipment
damage or a safety hazard, and the
methods allowed in paragraph (c)(3)(i)
of this section cannot be used, another
method may be used after obtaining
written approval from the Administrator
based upon a determination that it is
equivalent to wetting iu controlling
emissions or to the methods allowed in
paragraph (c)(3)(i) of this section.
(iii) A copy of the Administrator's
written approval shall be kept at the
worksite and made available for
inspection.
(4) After a facility component covered
with, coated with, or containing RACM
has been taken out of the facility as a
unit or in sections pursuant to paragraph
(c)(2) of this section, it shall be stripped
or contained in leak-tight wrapping,
except as described in paragraph (c)(5)
of this section. If stripped, either:
(i) Adequately wet the RACM during
stripping; or
(ii) Use a local exhaust ventilation
and collection system designed and
operated to capture the particulate
asbestos material produced by the
stripping. The system must exhibit no
visible emissions to the outside air or be
designed and operated in accordance
with the requirements in 161.152.
(5) For large facility components such
as reactor vessels, large tanks, and
steam generators, but not beams (which
must be handled in accordance with
paragraphs (c)(2), (3), and (4) of this
section), the RACM is not required to be
stripped if the following requirements
are met;
(i) The component is removed,
transported, stored, disposed of, or
reused without disturbing or damaging
the RACM.
(ii) The component is encased in a
leak-tight wrapping.
(iii) The leak-tight wrapping is labeled
according to 161.l49(d)(l)(i), (ii). and
(iii) during all loading and unloading
operations and during storage.
(6) For all RACM, including material
that has been removed or stripped:
(i) Adequately wet the material and
ensure that it remains wet until
collected and contained or treated in
preparation for disposal in accordance
with 161.150; and
(ii) Carefully lower the material to the
ground and floor, not dropping,
throwing, sliding, or otherwise damaging
or disturbing the material.
(iii) Transport the material to the
ground via leak-tight chutes or
containers if it has been removed or
stripped more titan 50 feet above ground
level and was not removed as units or in
sections.
(iv) RACM contained in leak-tight
wrapping that has bam removed in
accordance with paragraphs (c)(4) and
(c)(3)(i)(B)(3) of this section need not be
wetted.
(7) When the temperature at the point
of wetting is below 0 *C (32 T):
(i) The owner or operator need not
comply with paragraph (c)(2)(i) and the
wetting provisions of paragraph (c)(3) of
this section.
(ii) The owner or operator shall
remove facility components containing,
coated with, or covered with RACM as
units or in sections to the maximum
extent possible.
(iii) During periods when wetting
operations are suspended due to
freezing temperatures, the owner or
operator must record the temperature in
the area containing the facility
components at the beginning, middle,
and end of each workday and keep daily
temperature records available for
inspection by the Administrator during
normal business hours at the demolition
or renovation site. The owner or
operator shall retain the temperature
records for at least 2 years.
(8) Effective 1 year after promulgation
of this regulation, no RACM ahall be
stripped, removed, or otherwise handled
or disturbed at a facility regulated by
this section unless at least one on-site
representative, such as a foreman or
management-level person or other
euthorized representative, trained in the
provisions of this regulation and the
means of complying with them, is
present Every 2 years, die trained on-
site individual ahall receive refresher
training in the provisions of this
regulation. The required training ahall
include as a minimum: applicability;
notifications; material identification;
control procedures for removals
including, at least wetting, local exhaust
ventilation, negative pressure
enclosures, glove-bag procedures, and
High Efficiency Particulate Air (HEPA)
filters; waste disposal work practices;
reporting and recordkeeping; and
asbestos hazards and worker protection.
Evidence that the required training has
been completed shall be posted and
made available for inapection by the
Administrator at the demolition or
renovation site.
(ft) For facilities described in
paragraph (a)(3) of this section,
adequately wet the portion of the
facility that contains RACM during the
wrecking operation.
(10) !f a facility is demolished by
intentional burning, all RACM including
Category I and Category II nonfriable
ACM must be removed in accordance
with the NESHAP before burning.
Hum com mo-iMi
-------
48422 Federal Register / Vol. 55, No. 224 / Tuesday, Noveir ber 20.1990 / Rules and Regulations
NOTIFICATION OF DEMOLITION AMD RENOVATION
operator Project <
Postmark
Dace Received
Notification t
TYPE OF NOTXFZCATZOH t O-Ori.51.nai R>flaiiaad C-Caacallod |t
II. FACILITY INFORMATION ( Idantily ovnar, raoowal contractor, and othar oparator )
OWNER NAME: 1
Addreaai
Cityi
Statai
Sipi 1
Contact:
Tali |
| REMOVAL CONTRACTORl I
H Addreati 1
Ci'.yj
Statai
tipi
Coriti:li
Tali
OTHER OPERATORi
Addraaai
• Citvi
Statai
lipi |
Contacti
Tall
III. TYPE OF OPERATION 1 tosaao OOrderad Daao H-Ranoration ¦•Kaar.Mnovation )t
IV. IS ASBESTOS PRESENT? ( Vaa/No >
V. FACILITY DESCRIPTION ( include building nana, nuabar and floor or rooai nwatoar )
Bldg liui
Addraaai
Cityi
Statai
County1
Sita Locationi
Building Slzai
I of Floor*1
19a in Taarai
Praaant Uaai
Prior Uaat
VI. PROCEDURE, INCLUDING ANALYTICAL KETBOD, IT APPROPRIATE, USED TO DETECT THE PRESENCE
OP ASBESTOS MATERIAL:
VZX. APPROXIMATE AMOUNT OF
ASBESTOS, INCLUDING:
| 1. Ragulatad ACM to ba raaovad
1 2. Category I ACM Mot Manrad
| 3. Cataqory 11 ACM Not Haaevad
UCM
To ea
Raaovad
Nonfriabla
Aotoaatoa
Natarial Hot
«o sa Saaevad
Indintt Unit of
cat x
Cat II
¦n
I Plpoa
lAPtl
to ai
| Surtaca Area
tl
Sq
| Voi RACH Off Facility Coaponant
CltPtl
Ch ai
VZZX. SCHEDULED DATES ASBESTOS REMOVAL |MN/BD/«T> Startt
CMplMtl
XX. SCHEDULED DATES DEMO/RENOVATZON j¦*/»/¥*> start 1
Coafilatai
Continued en paga two
Fifjure 3. Notification of Demolition and Renovation
-------
Federal Register / Vol. 55, No. 224 / Tuesday. November 20, IPSO / Rules and Regulations 48423
NOTIFICATION OF DEMOLITION MID RENOVATION (oontinuad)
X. DESCRIPTION OF PLANKED DEMOLITION OR RENOVATION WORK, AND METHOD(S> To BE USED
:—
XI. DESCRIPTION OF WORK PRACTICES AND ENGINEERING CONTROLS TO BE USED TO PREVENT
EMISSIONS OF ASBESTOS AT THE DEMOLITION AND RENOVATION SITE:
XII. HASTE TRANSPORTER «X
Mtfrui
City i
tuut
iipi
Contact - Paraon i
Talaphonai
WASTE TRANSPORTER 12
Naaai
Mdraaat
Cityi
Statai
Zi.pi
Contact Paraoni
faXaphonai
XIII. WASTE DISPOSAL SITE
Nan* i
Locationi
City i
Statai
tip ¦
Talaphona i
XIV. IF DEMOLITION ORDERED BY A GOVERNMENT AGENCY, PLEASE IDENTIFY THE AGENCY BELOWt
titlai
Authorityi
Data of Ordar (MN/00/YT)i
Sata Ordarad to toqia (MN/od/itm
XV. FOR EMERGENCY RENOVATIONS
Sata and Hour of mmeaner (NH/DC/TY) >
taaerlptlon of tha Suddan, tlnnpactcd tvanti
Isplanation at how tha av»nt cauaad unaafa ooaditioai or woo id i
or an unraaaooatla Cin*nel*L burdani
¦futfant daaaga
XVZ. DESCRIPTION OF PROCEDURES TO BE FOLLOWED IN THE EVENT MAT UNEXPECTED ASBESTOS IB
FOUND OR PREVIOUSLY MOMFRIABLE ASBESTOS MATERIAL BECOMES CRUMBLED, PULVERIZED,
OBI REDUCED TO PONDER.
XVI. X CERTIFY T*AT Ml X1TOZVXDUAL TRAINED ZM TBE MOVZSZONS OF THIS REGULATION (40 CFR
MBT «1, SUBPART M| WILL BE ON-SITE DURING THE DEMOLITION OR RENOVATION MO EVTOEHC
9VAT THE REQUIRED TRAINING BAB BEEN ACCOHPLZSSED BY TVZB PERSON WILL BE AVAILABLE
FOR INSPECTION DURING NORMAL BUSINESS MUM. <*a«lir*d I ft iftdT 0rMU«*tiXM|
(Signature of owner/operator)
<©•*«>
XVZZ. Z CERTIFY THAT TBE ABOVE INFORMATION IS CORRECT.
fSi^natara of omnr/operator)
Figure 3. notification of Oemolitlon and fteoovatlon
mnxma coot «m»-«o-c
-------
48424 Federal Register / Vol. 55, No. 224 / Tuesday, November 20, 1990 / Rules and Regulations
9. Section 61.148 is redesignated as .
S 61.146 and is amended by revising
paragraphs (a), the introductory lext of
(b), paragraph (b)(2), and paragraph (d)
to read as follows:
§61.146 Standard for tpraying.
*****
(a) For spray-on application on
buildings, structures, pipes, and
conduits, do not use material containing
more than 1 percent asbestos as
determined using the method specified
in appendix A. subpart F, 40 CFR part
763, section 1, Polarized Light
Microscopy, except as provided in
paragraph (c) of this section.
(b) For spray-on application of
materials that contain more than 1
percent asbestos as determined using
the method specified in appendix A,
subpart F. 40 CFR part 763. section 1,
Polarized Light Microscopy, on
equipment and machinery, except as
provided in paragraph (c) of this section:
• * • • *
(2) Discharge no visible emissions to
the outside air from spray-on
application of the asbestos-containing
material or use the methods specified by
S 61.152 to clean emissions containing
particulate asbestos materia] before
they escape to, or are vented to, the
outside air.
• * • * *
(d) Owners or operators of sources
subject to this paragraph are exempt
from the requirements of SS 61.05(a),
61.07 and 61.09.
10. Section 61.149 is redesignated as
S 61.147, paragraphs (b).(l) and (2) are
revised, and paragraphs (b)(3) through
(b)(8) are added to read at follows:
{<1.147 Standard for fabricating.
• * • * •
(b) * * *
(1) Discharge no visible emissions to
the outside air from any of the
operations or from any building or
structure in which they are conducted or
from any other fugitive sources; or
(2) Use the methods specified by
f 61.152 to clean emissions containing
particulate asbestos materia] before
they escape to, or are vented to, the
outside air.
(3) Monitor each potential source of
asbestos emissions from any part of the
fabricating facility, including air
cleaning devices, process equipment,
and buildings that house equipment for
material processing and handling, at
least once each day, during daylight
hours, for visible emissions to the
outside air during periods of operation.
The monitoring shall be by visual
observation of at least 15 seconds
duration per source of emissions.
(4) Inspect each air cleaning device at
least once each week for proper
operation and for changes that signal
the potential for malfunctions, including,
to the maximum extent possible without
dismantling other than opening the
device, the presence of tears, holes, and
abrasions in filter bags and for dust
deposits on the clean side of bags. For
air cleaning devices that cannot be
inspected on a weekly basis according
to this paragraph, submit to the
Administrator, and revise as necessary,
a written maintenance plan to include,
at a minimum, the following:
(i) Maintenance schedule.
(ii) Recordkeeping plan.
(5) Maintain records of the results of
visible emission monitoring and air
cleaning device inspections using a
format similar to that shown in Figures 1
and 2 and include the following:
(i) Date and time of each inspection.
(ii) Presence or absence of visible
emissions.
(iii) Condition of fabric filters,
including presence of any tears, holes,
and abrasions.
(iv) Presence of dust deposits on clean
side of fabric filters.
(v) Brief description of corrective
actions taken, including date and time.
(vi) Daily hours of operation for each
air cleaning device.
(6) Furnish upon request and make
available at the affected facility during
normal business hours for inspection by
the Administrator, all records required
under this section.
(7) Retain a copy of all monitoring and
inspection records for at least 2 years.
(8) Submit quarterly a copy of the
visible emission monitoring records to
the Administrator if visible emissions
occurred during the report period.
Quarterly reports shall be postmarked
by the 30th day following the end of the
calendar quarter.
11. Section 61.150 is redesignated as
i 61.148 and revised to read as follows:
161.144 Standard for Insulating materials.
No owner or operator of a facility may
install or reinatau on a facility
component any insulating materials that
contain commercial asbestos if the
materials are either molded and friable
or wet-applied and friable after drying.
The provisions of this section do not
apply to spray-applied insulating
materials regulated under 161.146.
12. Section 61.151 is redesignated as
' 161.149 and is amended by revising
paragraphs (a), (b), introductory text of
(c). (c)(1) (ii) and (iii). and (c)(2), and
adding new paragraphs (d) through (f) to
read as follows:
( 61.149 Standard for waete disposal tor
asbestos mills.
*****
(a) Deposit all asbestos-containing
waste material at a waste disposal site
operated in accordance with the
provisions of { 61.154: and
(b) Discharge no visible emissions to
the outside air from the transfer of
control device asbestos waste to the
tailings conveyor, or use the methods
specified by S 61.152 to clean emissions
containing particulate asbestos material
before they escape to, or are vented to,
the outside air. Dispose of the asbestos
waste from control devices in
accordance with $ 61.150(a) or
paragraph (c) of this section; and
(c) Discharge no visible emissions to
the outside air during the collection,
processing, packaging, or on-site
transporting of any asbestos-containing
waste material, or use one of the
disposal methods specified in
paragraphs (c) (1) or (2) of this section,
as follows:
(1) * * *
(ii) Discharge no visible emissions to
the outside air from the wetting
operation or use the methods specified
by § 61.152 to clean emissions
containing particulate asbestos material
before they escape to, or are vented to.
the outside air.
• • * * *
(iii) Wetting may be suspended when
the ambient temperature at the waste
disposal site is less than -9.5 *C (15 *F),
as determined by an appropriate
measurement method with an accuracy
of ± 1*C (± 2 *F). During periods when
wetting operations are suspended, the
temperature must be recorded at least at
hourly intervals, and records must be
retained for at least-2 years in a form
auitable for inspection.
(2) Use an alternative emission
control and waste treatment method
that has received prior written approval
by the Administrator. To obtain
approval for an alternative method, a
written application must be submitted to
the Administrator demonstrating that
the following criteria are met:
(!) The alternative method will control
asbestos emissions equivalent to
currently required methods.
(ii) The euitability of the alternative
method for the intended application.
(iii) Hie alternative method will not
violate other regulations.
(iv) The alternative method will not
result in increased water pollution, land
pollution, or occupational hazards.
(d) When waste is transported by
vehicle to a disposal site:
-------
Federal Register / Vol 55. No. 224 / Tuesdav. November 20, 1990 / Rules and Regulations 4842a
{1} Mark vehicle* nsed to transport
asbestos-containing waste material
during the loading and unloading of the
waste so that the signs are visible. The
markings must:
(i) Be displayed in such a manner and
location that a person can easily read
the legend.
(ii) Conform to the requirements for 51
cm X 36 cm (20 in x 14 in) upright
format signs specified in 29 CFR
3910.145(d)(4) and this paragraph; and
(iii) Display the following legend in
the lower panel with letter sizes and
styles of a visibility at least equal to
those specified in this paragraph.
Legend
DANGER
ASBESTOS DUST HAZARD
CANCER AND LUNG DISEASE HAZARD
AuUtorized Personnel Only
Notation
2.5 cm (1 inch) Sans Serif. Gothic or Block
2.5 cm (1 inch) Sans Serif. Gothic or Block
1.9 cm inch) Sans Serit Gothic or Block
14 Point Gothic
Spacing between any two lines must
be a least equal to the height of the
upper of the two lines.
(2) For off-site disposal, provide a
copy of the waste shipment record,
described in paragraph (e)(1) of this
section, to the disposal site owner or
operator at the same time as the
asbestos-containing waste material is
delivered to the disposal site.
(e) For all asbestos-containing waste
material transported off the facility site:
(1) Maintain asbestos waste shipment
records, using a form similar to that
shown in Figure 4, and include the
following information:
(1) The name, address, and telephone
number of the waste generator.
(ii) The name and address of the local.
State, or EPA Regional agency
responsible for administering the
asbestos NESHAP program.
(iii) The quantity of the asbestos-
containing waste material in cubic
meters (cubic yards).
(iv) The name and telephone number
of the disposal site operator.
(v) The name and physical site
location of the disposal site.
(vi) The date transported.
(vii) The name, address, and
telephone somber of the transporters).
(viii) A certification that the contents
of this consignment are fully and
accurately described by proper shipping
name and ere classified, packed,
marked, and labeled, and are in all
respects in proper condition for
transport by highway according to
applicable international and government
regulations.
(2) For watte shipments where a copy
of the waste shipment record, signed by
the owner or operator of the designated
disposal site, is not received by the
waste generator within 35 days of the
date the waste was accepted by the
initial transporter, contact the
transporter and/or the owner or
operator of the designated disposal site
to determine the status of the waste
shipment.
(3) Report in writing to the local.
State, or EPA Regional office
responsible for administering the
asbestos NESHAP program for the
waste generator if a copy of the waste
shipment record, signed by the owner or
operator of the designated waste
disposal site, is not received by the
waste generator within 45 days of the
date the waste was accepted by the
initial transporter. Include in the report
the following information:
(i) A copy of the waste shipment
record for which a confirmation of
delivery was not received, and
(ii) A cover letter signed by the waste
generator explaining the efforts taken to
locate the asbestos waste shipment and
the results of those efforts.
(4) Retain a copy of all waste
shipment records, including a copy of
the waste shipment record signed by the
owner or operator of the designated
waste disposal site, for at least 2 years.
(f) Furnish upon request, and make
available for Inspection by the
Administrator, all records required
under this section,
¦HUM C00C SMO-SS-M
-------
48426 Federal Register / Vol. 55, No. 224 / Tuesday, November 20, 199C / Rules and Regulations
Genera tor ~|
1. Work site name ana mailing address
Owner's name
Owner1s
telephone no.
2. Operator's name and aadress
Operator's
telephone no.
3. Waste disposal site (WDS) name,
mailing address, and physical site
location
WDS
phone no.
4. Name, and aadress of responsible agency
5. Description of materials
6. Containers
No. Type
7. Total quantity
m3 (yd3)
8. Special hanoling instructions and addH
ional information
9. OPERATOR'S CERTIFICATION: I hereby declare that the contents of this
consignment are fully and accurately described above by proper shipping
name and are classified, packed, marked, and labeled, and are in all
respects in proper condition for transport by highway according to
applicable international and government regulations.
Printed/typed name & title
Signature
Month Day Year
Transporter
10. Transporter l (Acknowledgment of receipt of materials)
frintea/typea name & title
Address and telephone no.
Signature
Month Day Year
11. Transporter 2 (Acknowledgment of receipt of materials)
Printed/typed name L title
Address and telephone no.
Signature
Month Day Year
Disposal Site
12. Discrepancy indication space
13. Waste disposal site
owner or operator: Certification of receipt of asbestos materials
covered bv this manifest exceDt as noted 1n Item 12.
Printed/typed name & title
Signature
Month Day Year
(Continued)
Figure 4. Waste Shipment Record
-------
Federal Register / Vol. 55. No. 22* / Tuesday, November 20, 1990 / Rule? and Regulations 48127
INSTRUCTIONS ;
Waste Generator Section (Items 1-9)
I
1. Enter the name of the facility at which asbestos waste is generated ana I
the address where the facility is located. In the appropriate spaces, j
also enter the name of the owner of the facility and the owner's pnone
number.
2. If a demolition or renovation, enter the name and address of the company
and authorized agent responsible for performing the asbestos removal.
In the appropriate spaces, also enter the phone number of the operator.
3. Enter the name, address, and physical site location of the waste
disposal site (WDS) that will be receiving the asbestos materials. In
the appropriate spaces, also enter the phone number of the WDS. Enter
"on-site" 'f the waste will be disposed of on the generator's property. :
i
4. Provide the name and address of the local, State, or EPA Regional office
responsible for administering the asbestos NESHAP program.
5. Indicate the types of asbestos waste materials generated. If from a
demolition or renovation, Indicate the amount of asbestos that 1s
- Friable asbestos material
Nonfriable asbestos material
6. Enter the number of containers used to transport the asbestos materials
listed in item 5. Also enter one of the following container codes used
in transporting each type of asbestos material (specify any other type
of container used 1f not listed below);
DM - Metal drums, barrels
OP - Plastic drums, barrels
BA - 6 mil plastic bags or wrapping
7. Enter the quantities of each type of asbestos material removed in units
of cubic meters (cubic yards).
8. Use this space to indicate special transportation, treatment, storage
or disposal or B1U of Lading Information. If an alternate waste
disposal site 1s designated, note 1t here. Emergency response
telephone numbers or similar Information may be Included here.
9. The authorized agent of the waste generator must read and then sign
and date this certification. The date 1s the date of receipt by
transporter.
NOTE: The waste generator must retain a copy of this form.
(continued)
Figure 4. Waste Shipment Record
-------
4842S Fadecai Register / Vol. 55, No. 224 / Tuesday, November LO, 1390 / Rules and Regulations
Transporter Section (Ite^is 10 & U)
10. & 11. Enter name, address, and telephone number of each transporter
used, if applicable. Print or type the full name and title of
person accepting responsibl]ity and acknowledging receipt of
materials as listed on this waste shipment record for transport.
Enter date of receipt and signature.
NOTE: The transporter must retain a copy of this form.
Disposal Site Section
-------
Federal Register / Vol 55. No. 224 / Tuesday. November 20, 1&90 / Rules end Regulation? 48421
13. Section 61.152 is redesignated as
§ 61.150 and is revised to read as
fellows:
} 61.150 Standard for waste disposal (or
manufacturing, fabricating, demolition,
renovation, and apraylng operations.
Each owner or operator of any source
covered under the provisions of
§S 61.144. 61.145. 61.146. and 61.147 shall
comply with the following provisions:
(aj Discharge no visible emissions to
the outside air during the collection,
processing (irfduding incineration),
packaging, or transporting of any
asbestos-containing waste material
generated by the source, or use one of
the emission control and waste
treatment methods specified in
paragraphs (a) (1) through (4} of this
section.
(l) Adequately wet asbestos-
containing waste material as follows:
(1) Mix control device asbestos wa6te
to form a slurry; adequately wet other
asbestos-containing waste material; and
(ii) Discharge no visible emissions to
the outside air from collection, mixing,
wetting, and handling operations, or use
the methods specified by $ 61.152 to
clean emissions containing particulate
asbestos material before they escape to,
or are vented to, the outside air; and
(iii) After wetting, seal all asbestos-
containing waste material in leak-tight
containers while wet; or, for materials
that will not fit into containers without
additional breaking, put materials into
leak-tight wrapping; and
(iv) Label the containers or wrapped
materials specified in paragraph
(a}(l](iii) of this section using warning
labels specified by Occupational Safety
and Health Standards of the Department
of Labor, Occupational Safety and
Health Administration (OSHA) under 28
CFR 1910.1001 (j)f2) or 1926.58(k)(2)(iii).
The labels shall be printed in letters of
sufficient size and contrast so as to be
readily visible and legible.
(v) For asbestos-containing waste
material to be transported off the facility
aite, label containers or wrapped
materials with the name of the waste
generator and the location at which the
waste was generated.
(2) Process asbestos-containing waste
material into nonfriable forms as
follows:
(i) Form all asbestos-containing waste
material into nonfriable pellets or other
shapes;
(ii) Discharge no visible emissions to
the outside air from collection and
processing operations, including
incineration, or use the method specified
by 161.152 to clean emissions
containing particulate asbestos material
before they escape to. or are vented to,
the outside air.
(3) For facilities demolished where the
RACM is not removed prior to
demolition according to { $ 61.145(c)(1)
(i), (ii), (iii), and (iv) or for facilities
demolished according to S 61.145(c)(9),
adequately wet asbestos-containing
waste material at all times after
demolition and keep wet during
handling and loading for transport to a
disposal site. Asbestos-containing waste
materials covered by this paragraph do
not have to be sealed in leak-tight
containers or wrapping but may be
transported and disposed of in bulk.
(4) Use an alternative emission
control and waste treatment method
that has received prior approval by the
Administrator according to the
procedure described in § 61.149(c)(2).
(5) As applied to demolition and
renovation, the requirements of
paragraph (a) of this section do not
apply to Category I nonfriable ACM
waste and Category n nonfriable ACM
waste that did not become crumbled,
pulverized, or reduced to powder.
(b) All asbestos-containing waste
material shall be desposited as soon as
is practical by the waste generator at;
(1) A waste disposal site operated in
accordance with the provisions of
$ 61.154, or
(2) An EPA-approved site that
converts RACM and asbestos-
containing waste material into
nonasbestos (asbestos-free) material
according to the provisions of f 61.155.
(3) The requirements of paragraph (b>
of this section do not apply to Category I
nonfriable ACM that is not RACM.
(c) Mark vehicles uaed to transport
asbestos-containing waste material
during the loading and unloading of
waste so that the signs are visible. The
markings must conform to the
requirements of || 61.149(d)(1) (i), (ii),
and (iii).
(d) For all asbestos-containing waste
material transported off the facility site:
(1) Maintain waste shipment records,
using a form similar to that shown in
Figure 4, and include the following
information:
(i) The name, address, and telephone
number of the waste generator.
(ii) The name and address of the local.
State, or EPA Regional office
responsible for administering the
asbestos NESHAP program.
(iii) The approximate quantity in cubic
meters (cubic yards).
(iv) The name and telephone number
of the disposal'site operator.
(v) The name and physical aite
location of the disposal aite.
(vi) The date transported.
(vii) The name, address, and
telephone number of the transporters).
(vii;) A certification that the contents
of this consignment are fully and
accurately described by proper shipping
name and are classified, packed,
marked, and labeled, and are in all
respects in proper condition for
transport by highway according to
applicable international and government
regulations.
(2) Provide a copy of the waste
shipment record, described in paragraph
(d)(1) of this section, to the disposal site
owners or operators at the same time as
the asbestos-containing waste material
is delivered to the disposal site.
(3) For waste shipments where a copy
of the waste shipment record, signed by
the owner or operator of the designated
disposal site, is not received by the
waste generator within 35 days of the
date the waste was accepted by the
initial transporter, contact the
transporter and/or the owner or
operator of the designated disposal site
to determine the status of the waste
shipment.
(4) Report in writing to the local,
State, or EPA Regional office
responsible for administering the
asbestos NESHAP program for the
waste generator if a copy of the waste
shipment record, signed by the owner or
operator of the designated waste
disposal site, is not received by the
waste generator within 45 days of the
date the waste was accepted by the
initial transporter. Include in the report
the following information:
(i) A copy of the waste shipment
record for which a confirmation of
delivery was not received, and
(ii) A cover letter signed by the waste
Snerator explaining die efforts taken to
;ste the asbestos waste shipment and
the results of those efforts.
(5) Retain a copy of all waste
shipment records, including a copy of
the waste shipment record signed by the
owner or operator of die designated
waste disposal site, for at least 2 years.
(e) Furnish upon request and make
available for inspection by the
Administrator, all records required
under this section.
14. Section 61.153 is redesignated as
161.151 and is amended by revising the
introductory text, paragraphs (a)(2),
(a)(4). and (h)(3), and adding paragraphs
(d) and (a) to read as follows:
(61.151 Standard for inactive west*
disposal ertes for asbestoamMe and
manufacturing and fabricating operations.
Each owner or operator of any
inactive waste disposal site that was
operated by sources covered under
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48339 Federal Register / Vol. 55, No. 224 / Tuesday, November 20. 1990 / Rules and Regulations
§ S 61.142.61.144. or 61.147 and received
deposits of asbestos-containing waste
material generated by the sources, shall:
la) * * *
(2) Cover the asbestos-con tain ins
waste material with at least IS
centaneiers (6 inches) of compacted
nonasbestos-containing material, and
grow and maintain a cover of vegetation
on tbe area adequate to prevent
exposure of the asbestos-containing
waste material. In desert areas where
vegetation would be difficult to
maintain, at least 6 additional
centimeters (3 inches) of well-graded,
nonasbestos crushed rock may be
placed on top of the final cover instead
of vegetation and maintained to prevent
emissions; or
• * * • j
(4) For inactive waste disposal sites
for asbestos tailings, a resinous or
petroleum-baaed dust suppression agent
that effectively binds dust to control
surface air emissions may be used
instead of the method* in paragraphs (a)
(1), (2), and (3) of this section. Use the
agent in the manner and frequency
recommended lor the particular
asbestos tailings by the manufacturer of -
the dust suppression agent to achieve
and maintain dust control. Obtain prior
written approval of the Administrator to
use other equally effective dust
suppression agents. For purposes of this
paragraph, any used, spent, or other
waste oil is not considered a dust
suppression agent.
(b) * * *
(3) When requesting a determination
on whether a natural barrier adequately
deters public access, supply information
enabling the Administrator to determine
whether a fence or a natural barrier
adequately deters access by the general
public.
• * • t •
(d) Notify the Administrator in writing
at least 45 days prior to excavating or
otherwise disturbing any asbestos-
containitvg waste material that has been
deposited at a waste disposal site under
this section, and follow tbe procedures
specified in tbe notification. U the
excavation will begin on a date other
than the one contained in the original
notioe, notice of the mw start date must
be provided to tbe Administrator at
least 10 woeking days before excavation
begins and in no event sbaU excavation
begin earlier than tbe date specified In
the original notification. Include the
following information In die notice:
(1) Scheduled starting and completion
detes.
(2) Reason for disturbing tbe waste.
18) ftrocedoKS to be osed to control
emissions during tbe excavation.
storage, transport, and ultimate disposal
of the excavated asbestos-confining •
waste material. If deemed necessary, the
Administrator may require changes in
the emission control procedures to be
used.
(4) Location of any temporary storage
site end the final disposal site.
(e) Within 60 days of a site becoming
inactive and after the effective date of
this subpart, record, in accordance with
State law, a notation on the deed to the
facility property and on any other
instrument that would normally be
examined during a title search; this
notation will in perpetuity notify any
potential purchaser of the property that:
(1) The land has been used lor the
disposal of asbestos-containing waste
material;
(2) The survey plot and record of the
location and quantity of asbestos-
containing waste disposed of within the
disposal site required in S 61.154(f) have
been filed with the Administrator; and
(3) The site is subject to 40 CflR part
61, subpart M.
15. Section 61.154 is redesignated as
S 61.152 and amended by removing
paragraph (a)fl)(i). redesignating
paragraphs (a)(l)(HH>v)as paragraphs
(a)(l)(iHiii), redesignating paragraph
(b)(2) as paragraph (b)(3). revising the
introductory text of paragraph (a) and
paragraphs (b)(1) and (b)(3). and adding
paragraphs (a)(3) and (b)(2) to read as
follows:
§ 61.152 Mr etsantno.
(a) The owner or operator who uses
Bir cleaning, as specified in f § 61.142(a),
61.144(b)(2). 6ia48(c«3Kl)(BKl).
61.145(c)(4Kif). «1.145(cXllXi).
61.146(b)(2), 01.147(b)(2). 61.149(b),
61.149(eHl)(ii), 61.19D(aKlKii).
61.150(aX2XU). «nd«U5S(e) sheik
• • « • *
(3) For fabric fiber collection devices
installed after January 10, IMS, provide
for easy inspection for faulty bags.
fb) • • •
(1) After January 10,1069, if the nee of
fabric creates a fire or explosion hazard,
or the Adwfaiiefrator determines that a
fabric filter Is not feasible, (he
Administrator may authorise as •
substitute the use of wet collectors
designed la operate with a unit
contacting energy of et least 6.85
kilopascais (40 Indies water gage
pressure).
(2) Use a HEPA fitter that is certified
to be at least 80.67 percent efficient for
0.3 micron particles.
(9) The Administrator asay authorize
- the use of filtering equipment other than
described in paragraphs (aKl) and (b)(1)
and (2) of this section If the owner or
operator demonstrates to the
Administrator's satisfaction thai it is
equivalent to the described equipi.icnt ir
filtering particulate asbestos material.
16. Section 61.155 is redesignated as
S 61.153 and amended by redesignating
paragraphs (a)(3) and (a)(4) as
paragraphs (a)(4) and (a)(5),
respectively, revising die introductory
text of paragraphs (a), (a)(4), and (a)(5)
and revising paragraphs (a)(2). (a)(4](ii)
and (iii), and (b), and adding paragraph
(a)(3) to read as follows:
5 61.153 H averting.
(a) Any new source to which this
subpart applies (with the exception of
sources subject to f161.143,61.146, and
61.148), which has en initial startup date
preceding die effective date of this
revision, shall provide the following
information to the Administrator
postmarked or delivered within 90 days
of the effective date. In the case of e
new source that does not have an initial
startup date preceding the effective
date, the information shall be provided,
postmarked or delivered, within 60 days
of tbe Initial startup date. Any owner or
operator of an existing source shall
provide the following information to the
Administrator within 60 days of the
efiective date of this subpart unless the
owner or operator of the existing source
has previously provided this information
to the Administrator. Any changes in tbe
infannattai provided by any existing
source shall be provided to the
Administrator, postmarked or delivered,
within 30 days after the change.
' * • • • •
(2) If a fabric filter device -ts used to
control emission*.
ff) The airflow permeability in m*J
mfn/m* (ft^/min/ft*) if the fabric filter
device uses a woven fabric, and. if the
fabric is synthetic, whether die fill yarn
is span or not spun; and
(U) If the fabric filter device uses a
felted fabric, die density in g/m* (oz/
yd*), die minimum thickness in
millimeters (todies), and die airflow
permeability taimVodn/tn* (Tta/ntfn/
m
(3) V a HEPA fitter is used to control
emissions, the certified efficiency.
(4) For sources subject to |f 61.149
and 61.150:
6 1*11
(ii) Tbe average volume of asbestos-
containing waste material disposed of.
measured in m*/day (yds/day): and
(iii) The emiastna control methods
used in all stagas of waste disposal; and
• » « 6 •
(5) For soaroas subject to ii 61.151
and 61.154:
« « « • •
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Federal Register / Vol. 55, No. 224 / Tuesday, November 20. 1990 / RuIps and Regulations 40431
(b) The information required by
paragraph (a) of this section must
ficcompany tlie information required by
$ 61.10. Active waste disposal siteS
subject to i 61.154 shall also comply
with this provision. Roadways,
demolition and renovation, spraying,
end insulating materials are exempted
from the requirements of 8 61.10(a). The
information described in this section
must be reported using the format of
Appendix A of this part as a guide.
17. Section 61.156 is redesignated as
(61.154 and amended by revising the
introductory text of ( 61.154, paragraphs
(c) and (d), and adding paragraphs (r)
through (j) to read as follows:
§61.154 Standard for active waste
disposal sites.
Each owner or operator of an active
waste disposal site that receives
asbestos-containing waste material from
a source covered under 8 S 61.149,61.150.
or 61.155 shall meet the requirements of
section:
1 • * • •
(t) Raiher than meet the no visible
emission requirement of paragraph (a) of
tiiis section, at the end of each operating
ticy. cr at least once every 24-hour
period while the site is in continuous
optTo'.inn. thf? asbestos-contairdng
waste material that has been deposited
ct the site during the operating day or
previous 24-hour period shall:
(l) Be covered with at least 15
centimeters (6 inches) of compacted
nonasbestos-containing material, or
(?) Be covered with a resinous or
Petroleum-based dust suppression agent
that effectively binds dust and controls
wind erosion. Such an agent shall be
tised in the manner and frequency
recommended for the particular dust by
the dust suppression agent manufacturer
to achieve and maintain dust control.
Other equally effective dust suppression
pgents may be used upon prior approval
by the Administrator. For purposes of
this paragraph, any used, spent or other
waste oil is not considered a dust
suppression agent.
(d) Rather than meet the no visible
emission requirement of paragraph (a) of
this section, use an alternative
emissions control method that has
received prior written approval by the
Administrator according to the
procedures described in 161.149(c)(2).
(a) For all asbestos-containing waste
niaterial received, the owner or operator
of the active waste disposal site shall:
(1) Maintain waste shipment records.
(Ming a form similar to that shown in
Figure 4, and include the following
information:
(0 The name, address, and telephone
number of the waste generator.
(ii) The name, address, and telephone
number of the transporters).
(iii) The quantity of the asbestos-
containing waste material in cubic
meters (cubic yards).
(ivj The presence of improperly
enclosed or uncovered weste, or any
asbestos-containing waste material not
sealed in lead-tight containers. Report in
writing to the local State, or EPA
Regional office responsible for
administering the asbestos NESHAP
program for the waste generator
(identified in the waste shipment
record), and, if different, the local State,
or EPA Regional office responsible for
administering the asbestos NESHAP
program for the disposal site, by the
following working day, the presence of a
significant amount of improperly
enclosed or uncovered waste. Submit a
copy of the waste shipment record along
with the report
(v) The date of the receipt
(2) As soon ae possible and no longer
than 30 days after receipt of tbe waste,
send 8 copy of the aigned waste
shipment record to the waste generator.
(3) Upon discovering a discrepancy
between the quantity of waBte
designated on the waste shipment
records and the quantity actually
received, attempt to reconcile the
discrepancy with tbe waste generator. If
the discrepancy is not resolved within
15 days after receiving the waste,
immediately report in writing to the
local State, or EPA Regional office
responsible for administering the
asbestos NESHAP program for die
waste generator (identified in tbe waste
shipment record), and, if different, the
local State, or EPA Regional office
responsible for administering tbe
asbestos NESHAP program for the
disposal site. Describe the discrepancy
and attempts to reconcile it and submit
a copy of the waste shipment record
along with the report
(4) Retain a copy of all records and
reports required by this paragraph for at
least 2 years.
(0 Maintain, until closure, records of
the location, depth and area, and
quantity in cubic meters (cubic yards) of
asbestos-containing watte material
within the diapoaal eite on a map or
diagram of the disposal area.
(g) Upon closure, comply with all the
provisions of 161.151.
(h) Submit to the Administrator, upon
closure of the facility, a copy of records
of asbestos waste disposal locations
and quantities.
(i) Furnish upon request, and make
available during normal business hours
for inspection by the Administrator, all
records required under this section.
(j) Notify the Administrator in writing
at least 45 days prior to excavating or
otherwise disturbing any asbestos-
containing waste material that has been
deposited at a waste disposal site and is
covered. If the excavation will begin on
a date other than the one contained in
the original notice, notice of the new
start date must be provided to the
Administrator at least 10 working days
before excavation begins and in no
event shall excavation begin earlier than
the date specified in the original
notification. Include the following
information in the notice:
(1) Scheduled starting and completion
dates-
fa) Reason for disturbing the waste.
(3) Procedures to be used to control
emissions during the excavation,
storage, transport, and ultimate dispose!
of the excavated asbestos-containing
waste material. If deemed necessary, tha
Administrator may require changes in
the emission control procedures to be
used.
(4) Location of any temporary storage
site and the final disposal site.
18. Section 61.155 is edded to subpart
M to read as follows:
861.155 Standard for operations that
convert asbestccontaining waste material
into nonasbestos (aabeetoa-tree) materia!.
Each owner or operator of an
operation that converts RACM and
asbestos-containing waste material into
nonasbestos (asbestos-free) material
shall:
(a) Obtain the prior written approval
of the Administrator to construct the
facility. To obtain approval the owner
or operator shall provide the
Administrator with the following
information:
(1) Application to construct pursuant
to f 6L07.
(2) In addition to the information
»equipments of 161.07(b)(3), a
(I) Description of waste feed handling
and temporary storage.
(ill Description of process operating
conditions.
(iii) Description of tbe handling and
temporary storage of tbe and product
fiv) Description of the protocol to be
followed when analyzing output
materials by transmission electron
microscopy.
(3) Performance test protocol,
including provisions for obtaining
information required under paragraph
(b) of this section.
(4) The Administrator may require
that a demonstration of the process be
performed prior to approval of the
application to construct
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48432 Federal Register / Vol. 55. No. 224 / Tuesday, November 20, 1990 / Rules and Regulations
¦
(b) Conduct a start-up performance
test. Test results shall include*.
(1) A detailed description of the types
and quantities of nonasbestos material,
RACM. and asbestOB-containing waste
material processed, e.g., asbestos
cement products, friable asbestos
insulation, plaster, wood, plastic, wire,
etc. Test feed is to include the full range
of materials that will be encountered in
actual operation of the process.
(2) Results of analyses, using
polarized light microscopy, that
document the asbestos content of the
wastes processed.
(3) Results of analyses, using
transmission electron microscopy, that
document that the output materials are
free of asbestos. Samples for analysis
are to be collected as B-hour composite
samples (one 200-gram (7-ounce) sample
per hour), beginning with the initial
introduction of RACM or asbestos-
containing waste material and
continuing until the end of the
performance test.
(4) A description of operating
parameters, such as temperature and
residence time, defining the full range
over which the process is expected to
operate to produce nonasbestos
(asbestos-free) materials. Specify the
limits for each operating parameter
within which thp process will produce
nonasbestos (asbestos-free) materials.
(5) The length of the test.
(c) During the initial 90 days of
operation',
(1) Continuously monitor and log the
operating parameters identified during
start-up performance tests that are
intended to ensure the production of
nonasbestos (asbestos-free) output
material.
(2) Monitor input materials to ensure
that they are'consistent with the test
feed materials described during start-up
performance tests in paragraph (b)(1) of
this section.
(3) Collect and analyze samples, taken
a* 10-day composite samples (one 200-
Kam (7-ounce) sample collected every 8
iuts of operation) of all output material
for the presence of asbestos. Composite
samples may be for fewer than 10 days.
Transmission electron microscopy
(TEM) shall be used to analyze the
output material for the presence of
asbestos. During the initial 90-day
period, all output materials must be
stored on-site until analysis shows the
material to be asbestos-free or disposed
of as asbestos-containing waste
material according to | 61.150.
(d) After the initial 90 days of
operation.
(1) Continuously monitor and record
the operating parameters identified
during start-up performance testing and
any subsequent performance testing.
Any output produced during a period of
deviation from the range of operating
conditions established to ensure the
production of nonasbestos (asbestos-
free) output materials shall be:
(1) Disposed of as asbestos-containing
waste material according to | 61.150, or
(ii) Recycled as waste feed during
process operation within the established
range of operating conditions, or
(iii) Stored temporarily on-site in a
leak-tight container until analyzed for
asbestos content. Any product material
that is not asbestos-free shall be either
disposed of as asbestos-containing
waste material or recycled as waste
feed to the process.
(2) Collect and analyze monthly
composite samples (one 200-gram (7-
ounce] sample collected every 8 hours of
operation) of the output material.
Transmission electron microscopy shall
be used to analyze the output material
for the presence of asbestos.
(e) Discharge no visible emissions to
the outside air from any part of the
operation, or use the methods specified
by § 61.152 to clean emissions
containing particulate asbestos material
before they escape to, or are vented to,
the outside air.
(f) Maintain records on-site and
include the following information:
(1) Results of start-up performance
testing and all subsequent performance
testing, including operating parameters,
feed characteristic, and analyses of
output materials.
(2) Results of the composite analyses
required during the initial 90 days of
operation under 161.155(c).
(3) Results of the monthly composite
analyses required under |01.155(d).
(4) Results of continuous monitoring
and logs of process operating
parameters required under 181.155 (c)
and (d).
(5) The information on waste
shipments received as required in
§ 61.154(e).
(6) For output materials where no
analyses were performed to determine
the presence of asbestos, record the
name and location of the purchaser or
disposal site to which the output
materials were sold or deposited, and
the date of sale or disposal.
(7) Retain records required by
paragraph (f) of this section for at least 2
years.
(g) Submit the following reports to the
Administrator:
(1) A report for each analysis of
product composite samples performed
during the initial 90 days of operation.
(2) A quarterly report, including the
following information concerning
activities during each consecutive 3-
month period:
(i) Results of analyses of monthly
product composite samples.
(ii) A description of any deviation
from the operating parameters
established during performance testing
the duration of the deviation, and steps
taken to correct the deviation.
(iii) Disposition of any product
produced during a period of deviation,
including whether it was recycled,
disposed of as asbestos-containing
waste material, or stored temporarily
on-site until analyzed for asbestos
content.
(iv) The information on waste
disposal activities as required in
g 61.154(f).
(h) Nonasbestos (asbestos-free) output
material is not subject to any of the
provisions of this subpart. Output
materials in which asbestos is detected,
or output materials produced when the
operating parameters deviated from
those established during the start-up
performance testing, unless shown by
TEM analysis to be asbestos-free, shall
be considered to be asbestos-containing
waste and shall be handled and
disposed of according to IS 61.150 and
61.154 or reprocessed while all of the
established operating parameters are
being met.
19. Section 61.156 is added to subpart
M to read as follows:
II1.1M Cross-reference to other
asbestos regulation*.
In addition to this subpart the
regulations referenced in Table 1 also
apply to asbestos and may be applicable
to those sources specified in SI 61.142
through 61.151,61.154, and 61.155 of this
subpart. These cross-references are
presented for the reader's information
and to promote compliance with the
cited regulations.
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Federal Register / Vol. 55, No. 224 / Tuesday, November 20, 1990 / Rules and Rpgnlatiors 4841.1
20. Section 61.157 is added to subpart
hi to read as follows:
S 61.157 Delegation of authority.
(a) In delegating implementation and
enforcement authority to a State under
section 112(d) of the Act, the authorities
contained in paragraph (b) of this
section shall be retained by the
Adm inistrator and not transferred to a
State.
(b) Authorities that will not be
delegated to States:
(1) Section 61.149(c)(2)
(2) Section 61.150(a)(4)
(3) Section 61.151(c)
(4) Section 61.152(b)(3)
(5) Section 61.154(d)
(6) Section 61.155(a).
|FR Doc. 90-26835 Piled 11-19-SO; 6:45 am)
MUMQ CODE USft-CO-M
Table 1.—Cross-reference to Other Asbestos Regulations
Agency
CFR citation
Comment
EPA
OSHA
fc'SHA
DOT
40 CFR 763, Subpart E. F
40 CFR 427
40 CFR 763, Subpart G
29 CFR 1910.1001
29 CFR 1926.56
30 CFR 56, Subpart D..
30 CFR 57, Subpart 0..
49 CFR 171 and 172....
Requires school* to inspect lor asbestos and Implement response action* and
submit e*be*toe management plan* to State*. Specifies use ol accredited
Inspectors, air sampling methods, and west* diapoaal procedure*.
Effluent iiwdwdi tor aafeeatoe manufacturing source categories
Protect* public employees performing asbestos abatement work in State* not
covered by OSHA aabesto* standard
Worker protection messursa engineering controls, worker training, labeling, respi-
ratory protection, bagging ot waste, 0.2 l/oc permtaaible exposure level.
Worker protection maaauree for aU conatrucSon work involving aabesto*. including
demolition and renovation—work practice*, worker training, bagging ol wa*te, 0.2
l/oc perrniealble expoeure level.
Spedfia* exposures limits, engineering controls, and respiratory protection meas-
ure* lor workers In aurfaoa mine*.
Specifies exposure Mitts, engineering controls, and respiratory protection measmes
tor workers In underground mines.
Regulates the tranaportation of aabestoe-cortairxng waste matorwl. Requires waste
containment and ahipping paper*.
-------
APPENDIX B
SCBA PROFICIENCY TESTS, CHECKOUT PROCEDURES
B-l
-------
B-2
-------
SCBA PROFICIENCY TESTS, CHECKOUT PROCEDURES
An SCBA must be periodically inspected according to manufacturers, as
well as 29 CFR 1910 recommendations. In addition, an SCBA should be field
checked immediately prior to any use. The following two checklists can be
used to ensure proper inspection. The first checklist is for a pressure-
demand SCBA unit with no demand/pressure demand mode-select lever such as the
MSA 401 or MSA Ultralite Air Mask. The second checklist is for an SCBA with
mode-select levers, such as Scott IIA pressure paks. Note: Both checklists
indicate that inspection steps marked (M) are required monthly rather than
prior to each use.
CHECKLIST: PRESSURE-DEMAND SCBA WITHOUT MODE SELECT LEVER
Prior to starting on checklist, make sure that:
High-pressure hose connector is tight on cylinder fitting.
Bypass valve is closed.
Mainline valve is closed.
Regulator outlet is not covered or obstructed.
1. Back Pack and Harness Assembly
¦ Straps
Visually inspect for complete set.
Visually inspect for frayed or damaged straps.
B-3
-------
¦ Buckles
Visually inspect for mating ends.
Check locking function.
¦ Back Plate and Cylinder Lock
Visually inspect back plate for cracks and missing rivets
or screws.
Visually inspect cylinder hold-down strap; physically
check strap tightener and lock to assure that it is fully
engaged.
2- Cylinder .and Cylinder Valve Assembly
¦ Cylinder
Physically check to assure that it is tightly fastened to
back plate.
Visually inspect for large dents or gouges in netal (M).
Check hydrostatic test date to assure it is current (M).
¦ Head and Valve Assembly
Visually determine if cylinder valve lock is present (M).
B-4
-------
Visually inspect cylinder gauge for condition of face,
needle, and lens (M).
Open cylinder valve; listen or feel for leakage around
packing (if leakage is noted, do not use until repaired).
Note function of valve lock.
3. Regulator and High-Pressure Hose
¦ High Pressure Hose and Connector
Listen or feel for leakage in hose or at hose-to-cylinder
connector. (Bubble in outer hose covering may be caused
by seepage of air through hose when stored under
pressure. This does not necessarily indicate a faulty
hose.)
¦ Regulator and Low-pressure Alarm
Place mouth onto or over regulator outlet and blow. A
positive pressure should be created and maintained for
5-10 seconds without loss of air. Next, suck to create a
slight negative pressure on regulator; hold for
5-10 seconds. Vacuum should remain constant. This tests
the integrity of the diaphragm. Any loss of pressure or
vacuum during this test indicates a leak in the apparatus.
B-5
-------
Ascertain that regulator outlet is not covered or
obstructed. Open and close bypass valve momentarily to
assure flow of air through by-pass system.
Cover regulator outlet with palm of hand. Open mainline
valve and read regulator gauge (must read at least
1,800 psi and not more than rated cylinder pressure).
Remove hand from outlet and replace in rapid movement.
Repeat twice more. Air should escape when hand is removed
each time, indicating a positive pressure in chamber.
Close cylinder valve and slowly move hand from regulator
outlet to allow air to flow slowly. Gauge should begin to
show immediate loss of pressure as air flows.
Low-pressure alarm should sound between 520 and 480 psi.
Remove hand completely from outlet and close mainline
valve.
4. Facepiece and Corrugated Breathing Tube
¦ Facepiece
Visually inspect head harness for damaged serrations and
deteriorated rubber. Visually inspect rubber facepiece
body for signs of deterioration or extreme distortion.
B-6
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Visually inspect lens for proper seal in rubber facepiece,
regaining clamp properly in place, and absence of cracks
or large scratches.
Visually inspect exhalation valve for visible
deterioration or buildup of foreign materials.
Carry out negative pressure test for overall seal and
check of exhalation valve. In monthly inspection, place
mask against face and use following procedure; in
preparing for use, don back pack, then facepiece, and use
following procedure: Vith facepiece held tightly to face
(or facepiece properly donned), stretch breathing tube to
open corrugations and place thumb or hand over end of
connector. Inhale. Negative pressure should be created
inside mask, causing it to pull tightly to face for 5-10
seconds. If negative pressures drops, this indicates a
leak in the facepiece.
• Breathing Tube and Connector
Stretch breathing tube and visually inspect for
deterioration and holes.
Visually inspect connector to assure good condition of
threads and for presence and proper condition of rubber
gasket seal.
B-7
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5. Storage of Units
Certain criteria must be met before an SCBA is stored. Units not
meeting the criteria should be set aside for repair by a certified
technician.
¦ Cylinder refilled as necessary and unit cleaned and inspected.
¦ Cylinder valve closed.
¦ High-pressure hose connector tight on cylinder.
¦ Pressure bled off of high-pressure hose and regulator.
¦ Bypass valve closed.
¦ Mainline valve closed.
¦ All straps completely loosened and laid straight.
¦ Facepiece properly stored to protect against dust, direct
sunlight, extreme temperatures, excessive moisture, and
damaging chemicals.
B-8
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CHECKLIST: PRESSURE-DEMAND, OPEN-CIRCUIT SCBA WITH MODE-SELECT LEVER
Prior to starting on checklist, make sure that:
High-pressure hose Connector is tight on cylinder fitting.
Bypass valve is closed.
Mainline valve is open and locked (when lock present).
Select lever is on demand mode.
Regulator outlet is not covered or obstructed.
1. Back Pack and Harness Assembly
¦ Straps
Visually inspect for complete set.
Visually inspect for frayed or damaged straps.
¦ Buckles
Visually inspect for mating ends.
Check locking function.
¦ Back Plate and Cylinder Lock
Visually inspect back plate for cracks and missing rivets
or screws.
B-9
-------
Visually inspect cylinder hold-down strap; physically
check strap tightener and lock to assure that it is fully
engaged.
2- Cylinder and Cylinder Valve Assembly
* Cylinder
Physically check to assure that it is tightly fastened to
back plate.
Visually inspect for large dents or gouges in metal (M).
Check hydrostatic test date to assure it is current (M).
¦ Head and Valve Assembly
Visually determine if cylinder valve lock is present (M).
Visually inspect cylinder gauge for condition of face,
needle, and lens (M).
Open cylinder valve; listen or feel for leakage around
packing (if leakage is noted, do not use until repaired).
Note function of valve lock.
B-10
-------
Regulator and High-Pressure Hose
¦ High Pressure Hose and Connector
Listen or feel for leakage In hose or at hose-to-cylinder
connector. (Bubble in outer hose covering may be caused
by seepage of air through hose when stored under
pressure. This does not necessarily indicate a faulty
hose.)
¦ Regulator and Low-pressure Alarm
Place mouth onto or over regulator outlet and blow. A
positive pressure should be created and maintained for
5-10 seconds without loss of air. Next, suck to create a
slight negative pressure on regulator; hold for
5-10 seconds. Vacuum should remain constant. This tests
the integrity of the diaphragm. Any loss of pressure or
vacuum during this test indicates a leak in the apparatus.
Read pressure on regulator gauge (must read at least
1,800 psi and not more than rated cylinder pressure).
Suck on regulator outlet. Air should be delivered with
very slight effort.
B-ll
-------
On units with select level, place hand over regulator
outlet. Select pressure-demand mode. Remove and replace
hand over outlet in rapid movement. Repeat twice more.
Air should escape when hand is removed each time,
indicating a positive pressure in chamber. Select demand
mode on select lever and remove hand from outlet. At this
point, there should be no air leaking from any point on
the pressurized unit.
Close cylinder valve. Ascertain that regulator outlet is
not covered or obstructed. Position regulator outlet is
not covered or obstructed. Position regulator to observe
regulator gauge. Slowly open bypass valve. Air should
flow from outlet, and gauge pressure should begin to
decrease immediately. Alarm should sound at pressure
reading between 500 and 480 psi (this assures function of
bypass valve and low-pressure alarm). After pressure is
completely released, close bypass valve.
4. Faceoiece and Corrugated Breathing Tube
¦ Facepiece
Visually inspect head harness for damaged serrations and
deteriorated rubber. Visually inspect rubber facepiece
body for signs of deterioration or extreme distortion.
B-12
-------
Visually inspect lens for proper seal in rubber facepiece,
retaining clamp properly in place, and absence of cracks
or large scratches.
Visually inspect exhalation valve for visible
deterioration or buildup of foreign materials.
Carry out negative pressure test for overall seal and
check of exhalation valve. In monthly inspection, place
mask against face and use following procedure; in
preparing for use, don back pack, then facepiece, and use
following procedure: With facepiece held tightly to face
(or facepiece properly donned), stretch breathing tube to
open corrugations and place thumb or hand over end of
connector. Inhale. Negative pressure should be created
inside mask, causing it to pull tightly to face for 5-10
seconds. If negative pressures drops, this indicates a
leak in the facepiece. Note: On Scott Pressur-Pak II and
I1A facepiece units only, place connector end of the
breathing tube approximately 1/4 to 1/2-inch from palm of
hand and exhale. If any air returns through tube, do not
use the unit.
¦ Breathing Tube and Connector
Stretch breathing tub* and visually Inspect for
deterioration and holes.
B-13
-------
Visually inspect connector to assure good condition of
threads and for presence and proper condition of O-ring oz
rubber gasket seal.
5. Storage of Units
Certain criteria must be met before an SCBA is stored. Units not
meeting the criteria should be set aside for repair by a certified
technician.
¦ Cylinder refilled as necessary and unit cleaned and inspected.
¦ Cylinder valve closed.
¦ High-pressure hose connector tight on cylinder.
¦ Pressure bled off of high-pressure hose and regulator.
¦ Bypass valve closed.
¦ Mainline valve open (when mainline valve lock present, it
should be engaged).
• Select level, if present, on demand mode.
¦ All straps completely loosened axvd laid straight.
B-14
-------
¦ Facepiece properly scored Co procecc againsc dust, direct
sunlight, extreme temperatures, excessive moiscur?, an'I
damaging chemicals.
B-15
-------
B-16
-------
APPENDIX C
ENVIRONMENTAL HEALTH AND SAFETY DIVISION (EHSD)
HEALTH AND SAFETY GUIDELINES FOR EPA ASBESTOS
INSPECTORS
C-l
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C-2
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Unit«d States Office of Administration March 1991
Environmental Protection and Resources
Agency Management
v>EPA Health and Safety
Guidelines for
EPA Asbestos
Inspectors
(Revised)
Printed on Recycled Pape
Office of Administration
Safety. Health.and Environmental Management Division
-------
UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
WASHINGTON, D.C. 20460
MEMORANDUM
OFFICE OF
ADMINISTRATION
AND RESOURCES
MANAGEMENT
TO:
PROM:
SUBJECT:
Revised Health and safe isbestos
Inspectors
Regional Administrators
Assistant Administrators
Laboratory Directors
Julius c. Jimeno, Director
Safety, Health and Environ sion
The attached "Health and Safety Guidelines for EPA Asbestos
Inspectors," revised in March 1991, were developed for use by EPA
employees in carrying out the Agency's various missions to control
asbestos exposures through inspection activities.
The two primary objectives for the Guidelines are:
to provide for the health and safety of asbestos
inspectors based on the best currently available
information;
to reduce the likelihood of significant asbestos
exposures to the public through enhanced inspector
guidance.
We will continue to analyze asbestos inspector health and safety
issues and will develop revised guidelines in the future, as
warranted.
The Safety, Health and Environmental Management Division (SHEMD),
Office of Administration, is the lead office for development of
these guidelines. Please keep Howard 0. Wilson, Chief, Technical
Assistance and Evaluation Branch or David Scott Smith, Chief,
Policy and Resources Development Branch, SHEMD, advised of your
experiences using the Guidelines. Your constructive comments on
inspector health and safety issues are welcomed, and we encourage
your input as additional experience is gained with our new
guidance. Our FTS number is 382-3640.
Attachment
"Health & Safety Guidelines for EPA Asbestos Inspectors"
cc: Occupational Health and Safety Managers
Printed on Rtcyded Paptr
-------
HEALTH AND SAFETY GUIDELINES
FOR EPA ASBESTOS INSPECTORS
Revised March, 1991
Safety, Health and Environmental Management Division
United States Environmental Protection Agency
Headquarters
401 M Street, Southwest
Washington, District of Columbia
20460
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PREFACE
These Guidelines were devloped by the Safety, Health, and
Environmental Management Division for employees of the United
States Environmental Protection Agency. They apply to EPA
employees who manage or supervise EPA asbestos inspectors, and to
EPA employees who perform asbestos inspections.
Beginning in 1989 and continuing through 1990, drafts of
this document were circulated within EPA for internal review and
comment. A number of changes to this document were made in
response to questions and comments received from the reviewers.
EPA Offices which were offered an opportunity to review and
comment on the draft Guidelines included:
1) Office of Administration and Resources Management;
2) Office of Air and Radiation;
3) Office of Pesticides and Toxic Substances;
4) Office of Solid Waste and Emergency Response;
5) Office of Enforcement.
In addition, on March 4, 1991 the Environmental Assistance
Division (EAD) (TS-799), Office of Toxic Substances (OTS)
provided further comments about these Guidelines. In response to
EAD's comments, the the following language is hereby incorporated
into these Guidelines:
"EPA recognizes that its safety and health managers, and
other managers, have a responsibility to establish
protective - yet practical - respiratory protection programs
for their workers who engage in asbestos-related inspection
activities. EPA managers are expected to: 1) ensure that
EPA's asbestos inspectors and their supervisors are aware of
their obligations to meet applicable OSHA requirements, and
to ensure that their workers are properly trained,
certified, and equipped; 2) establish respiratory
protection programs for their asbestos inspectors which are
consistent with the EPA asbestos program's (TS-799) policy,
as described in the NIOSH/EPA "white book."
EPA managers are encouraged to provide maximum levels of
respiratory protection during asbestos-related work."
Questions about the Guidelines should be directed to:
Chief, Technical Assistance and Evaluation Branch
Safety, Health, and Environmental Management Division (PM-273)
United States Environmental Protection Agency
401 M Street, S.W.
Washington, D.C. 20460
Telephone: (202) 382-3640
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TABLE OF CONTENTS
Health and Safety Guidelines for EPA Asbestos Inspectors
Page
INTRODUCTION 1
A. GENERAL REQUIREMENTS 1
1. Asbestos Inspector's Health and Safety Plan l
a. Emergency Procedures 1
b. Personal Protective Equipment 2
c. Operational Practices 2
2. Evaluation 2
3. Incident Reporting and Response 2
4. Training 2
5. Medical Monitoring 3
6. Protective Clothing 3
7. Respiratory Protective Equipment 3
8. Other Personal Protective Equipment 7
9. Prohibited Practices 7
10. Personal Hygiene 7
B. PROTECTIVE EQUIPMENT GUIDELINES FOR REMOVAL, DEMOLITION,
AND RENOVATION INSPECTIONS 7
1. Protective Clothing 7
2. Respiratory Protection 8
a. No Respiratory Protection Required (outside
containment) 8
b. No Respiratory Protection Required (inside
containment) 8
c. Air-Purifying Respirators 9
d. Self-contained Breating Apparatus (SCBA) 9
C. PROTECTIVE EQUIPMENT GUIDELINES FOR ASBESTOS MANUFACTUR-
ING AND FABRICATING INSPECTIONS 10
1. Protective Clothing 10
2. Respiratory Protection 10
D. PROTECTIVE EQUIPMENT AND PROCEDURAL GUIDELINES FOR
COLLECTING BULK SAMPLES 11
1. Protective Clothing 11
2. Respiratory Protection 11
3. Procedural Guidelines 11
a. Preliminary Steps 11
b. Sampling Procedures 12
c. After. Sampling 13
i
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TABLE OF CONTENTS (CONTINUED)
E. PROTECTIVE EQUIPMENT GUIDELINES FOR INSPECTING ASBESTOS
WASTE DISPOSAL AND STORAGE SITES ....13
1. Protective Clothing 13
2. Respiratory Protection. 14
a. No Respiratory Protection Required 14
b. Air-Purifying Respirators 14
c. Self-contained Breathing Apparatus (SCBA) 14
F. PROTECTIVE EQUIPMENT GUIDELINES FOR INSPECTING EMERGENCY
REMOVAL OPERATIONS AT SUPERFUND SITES 14
1. Protective Clothing 14
2. Respiratory Protection 15
a. No Respiratory Protection Required 15
b. Air Purifying Respirators 15
c. Self-contained Breathing Apparatus (SCBA) 15
G. PROTECTIVE EQUIPMENT GUIDELINES FOR INSPECTING AN
ABANDONED BUILDING 16
1. Protective Clothing 16
2. Respiratory Protection 16
a. No Respiratory Protection Required 16
b. Air Purifying Respirators 16
H. OPERATIONAL PRACTICES FOR ENTERING AND EXITING SITES 16
1. Wearing SCBA When a Three-Stage Decontamination System
is Present 16
2. Wearing an SCBA When a Shower is Not Present 19
3. Wearing an Air-Purifying Respirator When a Three-Stage
Decontamination System is Present 20
4. Wearing an Air-Purifying Respirator When a Shower is
Not Present 22
ii
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Health and Safety Guidelines for EPA Asbestos Inspectors
INTRODUCTION
These Guidelines are based on good health and safety
practices and are designed to minimize the likelihood of illness
or injury to EPA's asbestos inspectors. No set of guidelines can
anticipate every situation or substitute for the sound judgment
of properly trained professionals. However, these guidelines can
be an effective tool for assuring that the Agency's mandate to
conduct asbestos inspections is safely conducted.
Asbestos inspections are performed to determine compliance
with environmental regulations including the National Emissions
Standards for Hazardous Air Pollutants (NESHAP), Asbestos-in-
School Toxic Substance Control Act (TSCA), and Worker Protection
(TSCA). EPA inspectors who perform asbestos inspections may be
involved in a variety of activities including: inspecting
removal, demolition, distribution and abatement sites; inspecting
manufacturing and fabricating operations; collecting bulk
samples; inspecting emergency removals at Superfund sites; and
inspecting abandoned buildings, among others.
These guidelines were prepared by the EPA's Safety, Health
and Environmental Management Division (SHEMD) for EPA employees
who are involved with EPA asbestos inspections. The SHEMD has no
authority over contractors, contractor agents, assigns or
employees; State agents, assigns or employees; or local
government agents, assigns or employees in matters pertaining to
asbestos exposures. However, the SHEMD encourages EPA program
offices to include these Guidelines as minimum conditions of
health and safety terms for contracts pertaining to asbestos
inspection services, and as recommended guidelines for
collaborating State and local government asbestos inspectors.
A.
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and telephone numbers of the nearest medical emergency
facilities and ambulance services. For asbestos releases,
the plan must include procedures for notifying responsible
building officials, as well as affected building occupants.
For other emergency situations, the Plan must include
provisions for identifying the emergency and non-emergency
local phone numbers for the police department, the local
fire department, and the nearest 24-hour poison control
center. In all cases, the location of the nearest phone
should be included to make the general plan site specific.
The use of an inspection kit containing cards with phone
numbers should be considered.
b. Personal Protective Equipment. The Plan must specify
protective equipment requirements, including respiratory
protection and protective clothing. The protective
equipment required may vary depending on the type of
inspection. For example, an inspector performing a NESHAP
inspection at an abatement site may be required to wear
self-contained breathing apparatus (SCBA) and a full body
disposable suit. On the other hand, an inspector performing
an Asbestos-in-Schools visual walk-through may not be
required to wear any protective equipment because measurable
exposure would be unlikely in situations in which no
asbestos-containing materials (ACM) have been disturbed and
where no asbestos-containing debris is present. The Plan
must specify protective equipment recommendations for each
type of inspection likely to be performed.
c. Operational Practices. The Plan must specify
operational practices for each type of inspection likely to
be performed. The operational practices may vary depending
on the activities performed during the inspections.
2. Evaluation. The senior management official should
assure that these Asbestos Inspectors' Health and Safety
Plans are reviewed and revised as necessary at least
annually.
3. Incident Reporting and Response. The appropriate
program manager must coordinate the reporting and response
to any incidents involving injury or illness, from asbestos
for EPA'8 asbestos inspectors. Chapter 3 of the EPA's
Occupational Health and Safety Manual details these
reporting requirements and procedures [EPA #1440].
4. Training. All EPA employees engaged in asbestos-
related field inspection activities must receive a minimum
of 24 hours of approved basic occupational health and safety
training; must accompany an experienced asbestos inspector
for at least three days of directly supervised field
activities; and.must receive eight hours of approved, formal
2
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refresher training annually. These, and additional
requirements are described in EPA Order 1440.2, "Health and
Safety Requirements for Employees Engaged in Field
Activities." All EPA employees required to wear respirators
must receive six hours of approved respiratory protection
training, must be fit-tested at least semi-annually, and
must receive approved refresher training annually, as
described in EPA Order 1440.3. All EPA employees requested
to enter hazardous waste sites or Superfund sites must
receive the necessary training required under OSHA's
regulation 29 CFR 1910.120.
5. Medical Monitoring. All EPA employees routinely
engaged in field activities which are likely to result in
exposure to toxic substances, or which require the use of
respiratory protective equipment must be included in the
Agency's Occupational Medical Monitoring Program. EPA Order
1440.2 requires that all EPA employees engaged in field
activities be included in the medical monitoring program.
EPA Order 1440.3 requires that all employees who wear
respiratory protection be determined to be medically fit to
wear respiratory protection.
6. Protective Clothing. The protective clothing needed
may vary with the type of inspection and with the level of
anticipated asbestos contamination. Personal protective
clothing may not be needed for some inspections, such as a
visual walk-through of a school where no abatement action is
underway. On the other hand, a disposable suit, along with
disposable gloves, head, and foot coverings may be needed
where contamination of clothing is anticipated. Maneuvering
into crawlspaces and inspecting asbestos removal operations
inside the work area are examples of activities requiring
such clothing.
After the inspection, the disposable suit, gloves, and
head and foot coverings should be disposed of properly. If
the site has a method for disposing of contaminated
protective clothing, and the site manager agrees, disposal
of contaminated clothing can be done at the site. If the
site does not have an adequate method for disposing of
contaminated materials, or if the site manager does not
allow the EPA to dispose of materials at the site, then they
must be sealed in properly labeled plastic bags and removed
for proper disposal elsewhere. Disposable protective
clothing must never be reused. Proper disposal of
protective clothing prevents the spread of asbestos
contamination to other areas.
7. Respiratory Protective Equipment. To provide asbestos
inspectors with appropriate respiratory protection,
respirators must be selected on the basis of the anticipated
3
-------
levels of exposure that meet all OSHA requirements. When an
anticipated exposure level cannot be determined, an unknown
exposure condition exists. Such a situation requires the
use of atmosphere supplying respirators such as a self-
contained breathing apparatus (SCBA). Of currently
available respiratory protective equipment, the SCBA offers
the maximum level of respiratory protection.
Fortunately, much is known about the exposure
conditions encountered at sites that are in compliance with
current OSHA asbestos standards. When such circumstances
are encountered by an inspector, they permit the initial
selection o an air purifying respirator. The lowest
acceptable level of respiratory protection to be used is
that afforded by a NIOSH-approved full facepiece air-
purifying respirator with HEPA filtration or any approved
tight-fitting (i.e., having a tight face-to-facepiece seal)
powered air-purifying respirator (PAPR) with High Efficiency
Particulate Air (HEPA) filtration.
To assist in determining when air-purifying respirators can
safely be used in conducting asbestos inspections, a study of
exposure levels at renovation sites was conducted by Alliance
Technology Corporation under contract to EPA. The study reviewed
over 4000 air monitoring samples taken at renovation sites where,
for the most part, OSHA requirements were met. It was undertaken
to determine the parameters that had to be met to ensure that
asbestos inspectors would be provided adequate protection when
using air-purifying respirators.
The results of the study indicated that 95 percent of the
time, when the OSHA asbestos standards for renovations conducted
in schools, residential buildings, hospitals, offices, and
industrial buildings were followed, no airborne concentrations in
excess of 0.82 f/cc were present in the removal areas during
active abatement i.e., the study that showed that the
concentration would not exceed 0.82 f/cc 95% of the time. The
data was based on Phase Contrast Microscopy (PCM) analyses. The
OSHA 8-hour time-weighted-average (TWA) permissible exposure
limit is 0.2 f/cc and the NIOSH-recommended exposure limit is 0.1
f/cc. Thus, before entering the envelope, if asbestos inspectors
can make a determination of a project's OSHA compliance, an air-
purifying respirator can be selected as shown in the following
paragraph
The EPA's recommendations for respirator selections found in
these Guidelines are intended to limit inspectors' exposures
to asbestos to below 0.01 f/cc as an 8-hour time-weighted-
average (TWA). These recommendations are based, in part, on
expected inspection patterns such as not being in the
envelope for more than two hours per day. The use of full
facepiece air-purifying respirators or tight-fitting PAPRs
4
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can provide such protection when used at sites that are in
compliance with the OSHA asbestos standard and when
inspectors spend no more than 2 hours per day inside the
containment envelope. This conclusion is based on the
following assumptions:
o exposures at renovation sites that are in compliance
with the OSHA asbestos standard do not exceed 2.0 f/cc
more than 95% of the time (2.0 f/cc is the maximum
level for which full facepiece APRs can reduce
inspectors exposures to below 0.01 f/cc) lasting no
more than a 2 hour exposure;
o full facepiece air-purifying respirators (and tight-
fitting PAPRs) provide a protection factor of 50X;
o inspectors will not be in the asbestos enclosure
envelope for more than two hours per day.
A 50X protection at a concentration up to 2.0 f/cc for two
hours would result in an 8-hour TWA exposure of 0.01 f/cc.
Actually, most exposures would be far less than 0.01 f/cc, since
most individuals get much more than a 50X protection from full
facepiece respirators (and PAPRs), and often they will not be in
the envelope for two hours. Therefore, by following these
recommendations, inspectors will have a high protection level
because their exposure will most often be much less than 0.01
f/cc.
An abatement project's compliance with the OSHA asbestos
standards can be gauged by findings that:
1) records on or off-site show that all employees have
been trained as required by OSHA standards. When
records are kept off-site, the inspector will request
the supervisor to state that proper records exist and
are available for review at a later date. [Passing an
approved AHERA class is desirable but not required for
buildings not covered by the AHERA regulations.
Compliance with state and local training requirements
should be checked.];
2) records (that can be made available at a later date)
show that project employees have been given medical
exams, including a determination that they are
medically fit to wear respirators;
3) amended water is being used to wet the asbestos-
containing material (ACM), [check to see that amended
water is on-site outside the envelope];
4) no power tools are being used to remove ACM
5
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5) the envelope is secure and no dust or debris appears to
be coming from the removal area;
6) warning signs and adequately labeled containers are
being used to remove the ACM;
7) a permit for disposal has been obtained from the state
or local government;
8) employees are carefully removing ACM and are not
dropping materials on the floor;
9) decontamination accommodations, including shower
facilities, are in place;
10) existing monitoring data indicates that asbestos fibers
in the work area do not exceed 2.0 f/cc as an 8-hour
TWA;
11) there is a written respiratory protection program and
respirators are being used;
12) a removal plan can be made available for review.
Determining that air-purifying respirators will provide
adequate protection requires a certain degree of judgment. The
ability to make such determinations must be obtained through both
classroom and on-the-job training.
The buddy system is required in situations in which the
SCBA-user is in an atmosphere that is either oxygen-deficient or
is highly toxic and would be life-threatening in case of a
respirator failure. Activities which would not result in a life-
threatening or permanent injury situation would generally not
require using the buddy system. A buddy system or appropriately
outfitted assistant may be required in certain decontamination
procedures. The decision to require a buddy system for
decontamination would have to be made on a case-by-case-basis.
A Respirator Protection Program must be established in
accordance with the OSHA standard for respiratory protection, 29
CFR 1910.134, the OSHA standards for asbestos, 29 CFR 1926.58 and
29 CFR 1910.1001, and EPA Order 1440.3 "Respiratory Protection".
Air-purifying respirators include Powered Air-Purifying
Respirators (PAPR). These guidelines assume that tight-fitting
PAPRs do not provide greater protection than do other air-
purifying respirators due to the possibility that over-breathing
(i.e., inhaling at a rate that is greater than the air supplied
to the facepiece, resulting in a negative pressure in the
facepiece) can occur. This guideline is based on workplace
protection factors for PAPRs determined by NIOSH. This guideline
6
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is consistent with the NIOSH Respirator Decision Logic of 1987
with respect to the protection offered by PAPRS. Additional PAPR
studies are being planned by NIOSH. If they are shown to have
higher protection factors in the future, appropriate changes will
be made regarding selection of respiratory protection in this
section.
EPA EMPLOYEES MAY NOT WEAR RESPIRATORS UNTIL THEY HAVE BEEN
DETERMINED TO BE MEDICALLY FIT TO WEAR RESPIRATORY PROTECTION,
EPA EMPLOYEES SHOULD USE ONLY EPA-OWNED RESPIRATORY PROTECTIVE
EQUIPMENT THAT THEY HAVE BEEN SPECIFICALLY TRAINED AND FIT-
TESTED TO USE.
8. Other Personal Protective Equipment (PPE). It is
recommended that eye protection be worn at all times in eye
hazard areas (refer to EPA's Eye Protection Program
Guidelines). Safety shoes or hard hat protection must be
used where head or foot injury hazards can occur.
9. Prohibited Practices. Smoking, eating, drinking,
chewing gum or tobacco, and applying makeup are prohibited
in asbestos-contaminated areas.
10. Personal Hygiene. Personnel who have been in asbestos-
contaminated areas must remove contaminated clothing, and
other articles. Disposables should be properly bagged and
discarded in landfills that are equipped to accept
asbestos-containing materials. Personnel must wash their
hands and faces thoroughly, or shower as appropriate.
Employees should never eat, drink, apply makeup, chew gum or
tobacco, or smoke before completing the decontamination
process.
B. PROTECTIVE EQUIPMENT GUIDELINES FOR REMOVAL, DEMOLITION. AND
RENOVATION INSPECTIONS.
EPA Asbestos Inspectors are required to inspect removal,
demolition, and renovation sites under the National
Emissions Standards for Hazardous Air Pollutants (NESHAP)
and the Asbestos Abatement Worker Protection Rule and other
regulations.
1. Protective Clothing. EPA inspectors entering a
removal, demolition, or renovation area should wear the
following protective clothing:
o a disposable, full-body, hooded, outer coverall (e.g.,
a Saranex-coated Tyvek suit or equivalent). A coverall
with an expandable back should be worn when SCBA is to
be used;
7
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o a bathing suit (or equivalent) or an inner disposable
coverall (when possible, particularly when a changing
area or decontamination area is available, all street
clothing should be removed before donning protective
clothing. When clothing is removed, the inspector may
choose to wear a bathing suit under the protective
clothing. In situations where removing all street
clothing is not possible, the inspector should roll up
pants legs and sleeves and don an inner disposable
coverall. The outer coverall is then worn over the
bathing suit or inner coverall.);
o disposable gloves (taped to the outer coverall);
o disposable inner booties (e.g., Tyvek or equivalent);
o disposable outer booties (taped to the outer coverall).
2. Respiratory Protection. EPA inspectors entering a
removal, demolition, or renovation area should select the
appropriate respiratory protection according to the
following locations and conditions:
a. No respiratory protection is required outside of the
asbestos area-enclosing envelope when:
o inspecting office area and other locations outside
the barrier. All barrier seals must be intact,
and all envelope entrances must have at least a
double barrier. No visible airborne dust or
debris that is potentially asbestos-contaminated
should be present on any surface in the area; and
o secondary containment is in place during glove
bagging operations. The secondary containment
enclosure must be complete, and for all but small-
scale, short-duration operations must also be
under negative pressure;
o materials removed from the envelope have been
cleaned and the pathway for removal of bags and
equipment is clear and clean; and
o all ventilation systems in the envelope are off
and sealed (this does not include negative
pressure systems designed for the removal
project); and
o wet methods are being used.
b. No respiratory protection is required inside the
containment envelope when:
8
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o inspecting any restricted area that has already
passed an appropriate clearance test (minimum of
aggressive sampling demonstrating a concentration
below 0.01 f/cc by PCM);
o no removal work has begun and all ACM is intact,
not disturbed, not damaged, and no debris is
present.
Full facepiece air-purifying respirators or tight-
fitting PAPRs shall be worn by inspectors when:
o inspecting outside the barrier, and workers
outside the barrier are wearing air-purifying
respirators;
o inspecting outside the barrier where the barrier
is not complete and/or asbestos-containing debris
is present;
o inspecting inside the envelope when an inspection
of the operation shows it to be in compliance with
the OSHA asbestos standards. If, upon entering
the envelope, visible emissions are seen or other
evidence suggesting non-compliance is apparent,
the inspector will immediately leave the area.
Prior to returning to the removal area to document
the violations, the inspector shall don SCBA gear;
o inspecting inside the barrier and no active
removal or disturbances have occurred in the past
24 hours and the inspection will not disturb any
ACM.
Atmosphere-Supplying Respirators are required when:
o performance of the asbestos abatement project is
not in accordance with OSHA standards;
o materials are being removed which are not being
properly wetted, or removal causes the generation
of significant levels of dust;
o monitoring data at the site show levels in excess
of 2.0 f/cc, or the EPA inspection may last for
more than 2 hours;
o others at the site are wearing atmosphere-
supplying respirators.
9
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C. PROTECTIVE EQUIPMENT GUIDELINES FOR ASBESTOS MANUFACTURING
AND FABRICATING INSPECTIONS.
EPA asbestos inspectors are required to inspect asbestos
manufacturing operations under the National Emissions
Standards for Hazardous Air Pollutants (NESHAP).
1. Protective Clothing. The following protective clothing
is recommended for EPA inspectors at manufacturing operations to
prevent contamination of their street clothing:
o a disposable, full body, hooded coverall (e.g., a Tyvek
suit or equivalent) or a disposable, full body, hooded
coverall with an expandable back to cover the air tank
(if SCBA is required);
o disposable shoe coverings;
o a hard hat (if applicable);
o eye protection (when respirators are not used); and
o safety shoes (if applicable).
2. Respiratory Protection. EPA inspectors at
manufacturing and fabricating operations should select
respiratory protection based on employers' airborne fiber
monitoring data (if available at the site). For exposure levels
up to 2.0 f/cc, full facepiece air-purifying respirators or
tight-fitting PAPRs shall be used for jje £o two hours of
inspection time/day. If monitoring data is not available, the
site is considered to be in violation of the OSHA standards. SCBA
shall be used when the inspector cannot determine that exposures
are likely to remain below 2.0 f/cc during the inspection.
Situations where excessive exposures may occur include:
o loose asbestos materials are handled outside of an
exhausted enclosure;
o observing the accumulation on walls or surfaces, of any
debris that may consist of friable asbestos-containing
materials;
o uncontrolled dumping, cutting, mixing, bagging,
packaging, grinding operations or any type of
fabrication where asbestos fibers may be emitted into
the general air; and
o in-plant transport of friable asbestos-containing
materials that are not completely sealed.
10
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Not all situations where the potential exists for excessive
emissions of asbestos can be listed. Therefore, the inspector
will have to use professional judgment to determine if an air-
purifying respirator will provide adequate protection.
D. PROTECTIVE EQUIPMENT AND PROCEDURAL GUIDELINES FOR
COLLECTING BULK SAMPLES.
EPA asbestos inspectors are required to collect bulk samples
under the Asbestos-in-Schools Rule, Asbestos Worker
Protection Rule, and the National Emissions Standards for
Hazardous Air Pollutants.
1. Protective Clothing. EPA inspectors should wear the
following protective clothing over their street clothes when
collecting bulk samples (Note: when samples can be taken without
any significant chance of releasing fibers, this clothing may not
be necessary. Professional judgment must be used in such unusual
cases.}:
a disposable, full body, hooded coverall (e.g., a Tyvek
suit or equivalent);
eye protection (if no full facepiece respirator is
used);
disposable shoe coverings;
hard hat (if applicable); and
disposable gloves.
2. Respiratory PmecUQnt EPA inspectors collecting bulk
samples should wear, full facepiece air-purifying respirators with
HEPA filter cartridges (this includes NIOSH-approved tight-
fitting PAPRs equipped with HEPA filters).
3. Procedural Guidelines. These procedural guidelines are
for inspectors who collect bulk samples in non-contaminated areas
(e.g., Asbestos-iri-Schools inspectors). These practices should
be followed to minimize fiber release and building occupant
concern.
a. Preliminary Stops.
Discuss with building officials how the samples
will be obtained and the rationale for selecting
the sampling locations and the number of samples.
Also discuss the advisability of notifying
employees and/or their representatives prior to
the inspection.
11
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Determine the equipment needed during the
inspection to adequately access the area, (e.g.,
ladders, scaffolding).
Determine the best time to obtain the samples in
each area selected (i.e., times when few people
are normally in the vicinity or passing through);
Limit access to the area while samples are being
collected. Post area(s) with appropriate signs or
construct barricades, if necessary. Under no
circumstances should samples be taken when school
children or other unprotected individuals are
present ?
Determine the minimum number of people needed in
the affected area during sample collection, and
limit access to that number. [These individuals
may need to use PPE, depending on the asbestos
inspector's assessment of the potential for
asbestos fiber release];
Determine how the area will be decontaminated
should there be an accident (e.g., a piece of
asbestos comes loose and drops to the floor). Be
prepared to isolate the area and to damp wipe/mop
the area, and/or have access to a HEPA vacuum;
Based on the best information available, determine
what PPE would be required in the event of an
accident, under what conditions it will be worn
and by whom.
b. Sampling Procedures.
Sampling procedures must minimize the amount of
the inspector's personal exposure to the asbestos.
Also, these procedures must minimize the amount of
disturbance of the asbestos material.
Don appropriate protective clothing and
respiratory protective equipment.
Before the sample is collected, place a covering
on the floor under the sample collection area.
Spray the area to be sampled with a water mist or
encapsulant mist prior to sampling to minimize
release of fibers (e.g., use a hand-held plant
mist sprayer).
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- Sampling equipment, in most cases, will consist of
plastic containers or empty film canisters and a
sharp instrument such as a knife or scalpel, once
the samples have been obtained, the sampling
equipment must be wiped thoroughly with a damp
cloth. The outsides of the film canisters must be
damp-wiped before being placed into the plastic
bag. Whatever is chosen to wipe the sampling
equipment and sample containers must be properly
disposed of in plastic bags that are properly
labeled. An encapsulant should be used to seal
the hole made by the inspector while extracting
the sample. The sampled surface should not be
left in a worse condition than before sampling was
done.
c. After Sampling.
Wet-wipe the outside of the coveralls and shoe
coverings. Remove coveralls, shoe covers, and
gloves and dispose of them and the wipe down
cloths as asbestos-contaminated wastes.
Spray the respirator and respirator HEPA filters
with water and dispose of the filters as asbestos
waste.
Dispose of all asbestos-contaminated materials
properly.
The asbestos samples must be packaged and shipped
in a manner that assures that the sample
containers will not release asbestos during
transportation. [Make sure the sample vials are
securely taped shut and well-cushioned to prevent
breakage.]
E. PROTECTIVE EQUIPMENT GUIDELINES FOR INSPECTING ASBESTOS
WASTE DISPOSAL AND STORAGE SITES.
EPA Asbestos Inspectors are required to inspect asbestos
waste disposal and storage sites under the National
Emissions Standards for Hazardous Air Pollutants (NESHAP).
Before entering these sites, inspectors must have completed
all OSHA training required as cited in 29 CFR 1910.120.
1. Protective Clothing. EPA inspectors should wear the
following protective clothing over their street clothes when
inspecting asbestos waste disposal and storage sites:
a disposable, full body, hooded coverall (e.g., Tyvek
or equivalent);
13
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disposable gloves; and
disposable boots.
2. Respiratory Protection. EPA inspectors at asbestos waste
disposal and storage sites should select respiratory protection
based on the requirements of the approved site safety plan. This
assumes that an approved site safety plan has been implemented.
When no approved site safety plan is in place, the inspector
must have reviewed an appropriate generic site inspection plan
for the site being inspected.
The absence of a site safety plan should be reported to
appropriate persons in charge and possibly to the local OSHA area
office.
a. No respiratory protection is required when:
all disposal trenches have been covered for a
minimum of 24 hours, no asbestos-containing
materials are visible at the disposal site.
b. Full facepiece Air-Purifying Respirators or tight-
fitting PAPR should be worn when:
trenches are being dug at the disposal site and
airborne dust is not visible;
asbestos materials are visible on the ground or
floor of the site, or bags or drums containing
asbestos are damaged but airborne dust is not
visible; and
inspecting a storage site, as long as airborne
dust is not present.
c. Atmosphere-Supplying Respirators (e.g., SCBA or
supplied air respirators (SAR) should be worn when:
others at the site are wearing atmosphere-
supplying respirators; or
airborne dust is visible at the site.
F. PROTECTIVE EQUIPMENT GUIDELINES FOR INSPECITNG EMERGENCY
REMOVAL OPERATIONS AT SUPERFUND SITES.
EPA inspectors are required to inspect emergency removals at
Superfund sites under CERCLA.
1. Protective Clothing. EPA inspectors should wear the
following protective- clothing while inspecting emergency removal
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operations at Superfund sites:
a disposable, full body, hooded, outer coverall (e.g.,
a Saranex-coated Tyvek suit or equivalent). A coverall
with an expandable back should be worn with SCBA;
a bathing suit (or equivalent) or an inner, full body,
inner coverall. (When possible, particularly when a
changing area or decontamination area is available, all
street clothing should be removed before donning
protective clothing. When clothing is removed, the
inspector may choose to wear a bathing suit under the
protective clothing. In situations where removing all
street clothing is not possible, the inspector should
roll up pants legs and sleeves and don an inner
disposable coverall. The outer disposable coverall is
then worn over the bathing suit or inner coverall;
disposable gloves (taped to the outer coverall);
eye protection (when no full facepiece respirators are
worn);
disposable inner booties;
disposable outer boots (taped to the outer coverall);
and
hard hat (if applicable).
2. Fgspj.rat
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G. PROTECTIVE EQUIPMENT GUIDELINES FOR INSPECTING AN ABANDONED
BUILDING.
1. Protective Clothing. EPA personnel should wear or carry
with them the following protective clothing while inspecting an
abandoned building:
a disposable, full body, hooded coverall (e.g., a Tyvek
suit or equivalent);
disposable shoe coverings;
eye protection (if no full facepiece respirators are
worn);
disposable gloves; and
hard hat (if applicable).
If any suspect materials are visible on floors or surfaces,
the protective clothing should be worn.
2. Respiratory Protection. EPA personnel inspecting an
abandoned building should select the appropriate respiratory
protection according to the following conditions:
a. No Respiratory Protection is required when:
no suspect materials are present;
intact suspect materials are present and no debris
from those materials is observed.
b. Air-Purifying Respirators should be worn when:
suspect materials are visible on the floors or
surfaces;
collecting bulk samples. (See Section D for
specific guidelines for collecting bulk samples.)
H. OPERATIONAL PRACTICES FQR ENTERING AND EXITING SITES,
Although the operational practices in this section are aimed
primarily at removal, demolition, and renovation sites,
these practices can be easily modified to fit the conditions
for other types of inspections.
I. Wearing an SCBA When a Three-Stage Decontamination System is
Present. The three-stage decontamination system discussed here
consists of a clean room, a shower area, and an equipment room
(or equivalent). A detailed description of this type of
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decontamination system, commonly used in the asbestos abatement
industry, can be found in the OSHA asbestos regulation, 29 CFR
1926.58, Appendix F.
a. Before entering the Clean Room:
Make sure SCBA is operating properly;
Make sure you have all materials necessary to
conduct the inspection safely (e.g., duct tape,
disposable towels, protective clothing,
respirator, extra plastic bags, spray bottle,
etc.) All materials that must be carried into the
contaminated area should be sealed in a plastic
bag to minimize contamination;
If you take a camera into the contaminated area,
precautions must be taken to minimize
contamination or to decontaminate the camera.
Possible solutions include using a waterproof
camera or sealing a conventional camera in an
impermeable clear camera box. Both of these
methods are used by SCUBA divers.
b. In the Clean Room:
Remove all street clothing including socks and
underwear and store them in a clean, sealed
plastic bag. The bag should be placed in a
secured area. If desired, don a bathing suit (or
equivalent) and inner booties. [Inspectors may
prefer to have the bathing suit on before going to
the site.];
With the air flow valve closed, don SCBA; let the
respirator facepiece hang from the neck with the
aid of a strap;
Don disposable outer coveralls with expandable
back, but do not zip it;
Don disposable outer boots. Use duct tape to
attach the boots to the legs of the outer
coveralls;
Fit the respirator facepiece to the face, tighten
the facepiece straps, and check seal;
Connect hose to regulator and turn air valve on;
Fit the coverall hood snugly around the respirator
facepiece;
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Zip up the suit;
Don the disposable gloves. Use duct tape to
attach the gloves to the sleeves of the outer
coveralls;
Proceed to the Shower Area.
c. In the Shower Area:
Leave disposable towels (sealed in a plastic bag)
near the shower.
Proceed to the contaminated area and perform
inspection.
d. Before leaving the contaminated area:
HEPA vacuum (if possible) and wet wipe all visible
debris from protective clothing. (Use a spray
bottle and disposable towels to wet wipe the
suit.) Proceed to the equipment room.
e. In the Equipment Room:
Seal all contaminated nondisposable materials in a
plastic bag and remove them for decontamination at
a later time.
Remove outer protective clothing including boots,
gloves, and coverall and place them in a proper
container for disposal.
With SCBA, bathing suit, and inner booties still
on, proceed to the Shower Room.
f. In the Shower Area:
Thoroughly shower down with the SCBA, bathing
suit, and inner booties still on. Once totally
wet, remove the respirator, turn off the air
supply valve, clean the respirator, and place the
respirator outside the shower on the clean side;
Continue showering. While in the shower, remove
inner booties and place them in a proper container
for disposal. Next, remove bathing suit,
thoroughly rinse it, and place it in a plastic
bag. Finish showering by thoroughly washing the
entire body with soap and water;
Proceed to the Clean Room.
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g. In the Clean Room:
Dress into street clothes. All disposables should
be given to the site operator if she/he will
accept them and if they will be disposed of in an
approved landfill. Otherwise, place the
disposables in labeled plastic bags and remove
them for proper disposal.
2. Wearing an SCBA When a Shower is Not Present or Available.
a. Before entering the contaminated area:
Make sure SCBA is operating properly;
Make sure materials necessary to conduct the
inspection safely (e.g., disposable towels, extra
plastic bags, spray bottle, etc) are on hand. All
materials that must be carried into the work area
should be sealed in a plastic bag to minimize
contamination;
If a camera is to be taken into the contaminated
area, precautions must be taken to minimize
contamination or to decontaminate the camera.
Possible solutions include using a waterproof
camera or sealing a conventional camera in an
impermeable box. Both of these methods are used
by SCUBA divers;
Leave all street clothing on. (Short sleeved
shirts and short pants are preferable to long
sleeved shirts and long pants. If wearing long
pants or long sleeves, roll them up.);
Don an inner disposable coverall and inner booties
(e.g., a Tyvek suit or equivalent) over street
clothes;
With the air flow valve closed, don the SCBA; let
the respirator facepiece hang from the neck with
the aid of a strap;
Don disposable outer coverall with expandable
back, but do not zip it up;
Fit the respirator facepiece to the face, tighten
the facepiece straps and check face seal;
Connect hose to regulator and turn on air valve;
19
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Fit the coverall hood snugly around the respirator
facepiece;
Zip up suit;
Don the disposable gloves. Use duct tape to
attach gloves to the sleeves of the outer
coverall;
Proceed to the contaminated area and perform
inspection.
b. Before leaving the contaminated area:
Standing near the exit, HEPA vacuum (if possible)
and wet wipe all visible debris from the outer
protective clothing. (Use a spray bottle
containing water and disposable towels to wet wipe
the suit; use plenty of water.) Place all
disposable materials in a proper container for
disposal. Standing at the doorway inside the work
area, remove outer protective clothing and
immediately step outside the area.
c. Outside the contaminated area:
Once outside, thoroughly wet wipe and mist spray
the SCBA and inner protective clothing. Move away
from the doorway and remove the SCBA and the inner
protective clothing. Place all disposable
materials in a proper container for disposal.
Seal all contaminated nondisposable materials in a
plastic bag and take them with you for decontam-
ination at a later time.
3. Wearing an Air-Purifvina Respirator When a Three-Stacre
Decontamination System is Present. The three-stage
decontamination system discussed here consists of a clean room, a
shower area, and an equipment room (or equivalent). A detailed
description of this type of decontamination system, commonly used
in the asbestos abatement industry, can be found in the OSHA
asbestos regulation, 29 CFR 1926.58, Appendix F.
a. Before entering the Clean Room:
Make sure that all materials necessary to conduct
the inspection safely. (e.g. duct tape,
disposable towels, protective clothing,
respirator, extra plastic bags, spray bottle,
20
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etc.) have been obtained. All materials that must
be carried into the contaminated area should be
sealed in a plastic bag to minimize contamination;
If a camera is to be taken into the contaminated
area, precautions must be taken to minimize
contamination or to decontaminate the camera.
Possible methods include using a waterproof camera
or sealing a conventional camera in an impermeable
clear camera box. Both of these methods are used
by SCUBA divers.
b. In the Clean Room:
Remove all street clothing including socks and
underwear and store them in a clean, sealed
plastic bag. If desired, don a bathing suit (or
equivalent) and inner booties. Inspectors may
prefer to have the bathing suit on before going to
the site;
Don disposable, full body, hooded coverall. Do
not put the hood on yet. Do not zip up suit, yet.
Don other appropriate protective clothing. Use
duct tape to attach the boots to the outer
coveralls;
Don respirator. The respirator straps should be
worn under the hood. Perform positive and
negative pressure checks as appropriate;
Fit the coverall hood snugly around the
respirator; zip up suit; attach gloves with duct
tape;
Proceed to the Shower Area.
c. In the Shower Area:
Leave disposable towels (sealed in a plastic bag)
near the shower.
Proceed through the equipment room to the
contaminated area and perform the inspection.
d. Before leaving the Contaminated Area:
HEPA vacuum (if possible) and wet wipe all visible
debris from protective clothing. (Use a spray
bottle and disposable towels to wet wipe the
suit.-) Proceed to the equipment room.
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e. In the Equipment Room:
Seal all contaminated nondisposable materials in a
plastic bag and remove them for decontamination at
a later time;
Remove protective clothing and place it in a
proper container for disposal. Keep wearing the
respirator;
With respirator on, proceed to the shower area.
f. In the Shower Area:
Thoroughly shower down with the respirator and
bathing suit on. Remove respirator and clean it.
Place it outside the shower on the clean side.
Remove inner booties and place them in a proper
container for disposal.
Remove bathing suit, thoroughly rinse it, and
place it in a plastic bag. Finish showering by
thoroughly washing the entire body with soap and
water.
Dispose of towels as asbestos contaminated waste.
Proceed to the clean room.
g. In the Clean Room
Dress into street clothes.
All disposables should be given to the site
operator if she/he will accept them and if they
will be disposed of in an approved landfill.
Otherwise, place the disposables in labeled
plastic bags and remove them for proper disposal.
4. Wearing an Air-Purifvinq Respirator When a Shower is
Not Present or Available. Follow the guidelines listed in
section 2, "Wearing a SCBA When a Shower is Not Present",
substituting appropriate procedures for air-purifying
respirators.
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I. References
The following references provide additional information on
the safe handling of asbestos.
1. A Guide to Respiratory Protection for the Asbestos
Abatement Industry. EPA 560-OPTS-86-001, April 1986.
2. Guidance for Controlling Asbestos-Containing Materials
in Buildings. EPA 560/5-85-024, June 1985.
3. Asbestos Fact Book. EPA, A-107/86-002, June 1986.
4. Guidance for Preventing Asbestos Disease Among Auto
Mechanics. EPA, Office of Pesticides and Toxic
Substance, Asbestos Action Program, June 1986.
5. Measuring Airborne Asbestos Following an Abatement
Action. EPA 600/4-85-049, November 1985.
6. Guidance for Controlling Friable Asbestos-Containing
Materials in Buildings. EPA 560/5-83-002, March 1983.
7. Asbestop-CQfrtfrininq Mflterjegg in s
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APPENDIX D
FIELD INSPECTION CHECKLISTS
D-l
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D-2
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APPENDIX D-l
ASBESTOS NESHAP
DEMOLITION AND RENOVATION
INSPECTION EQUIPMENT CHECKLIST
General Inspection Equipment
Employee LD.
Copy of regulation
Field notebook
Pens/pencils
Inspection checklist
Camera/flash (preferably waterproof)
Waterproof flashlight
Tape measure
Plastic clipboard
Duct tape
Disposable towels
Plastic sheets
Safety Equipment
Full-facepiece air-purifying negative pressure respirator
PAPR (tight-fitting)
SCBA (pressure demand type)
Respirator cartridges
Disposable full-body coveralls
Disposable boots
Hard hat
Safety glasses
Safety shoes
Ear protection
Asbestos waste bags (preferably 6 mil)
Bathing suit
Disposable towels
D-3
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Sampling Equipment
Sample containers
Water spray bottle
Duct tape
Tamperproof tape
Tools (locking blade pen knife, slotted screwdriver,
needle-nose pliers)
Plastic drop cloths
Wet wipes
Reclosable quart- and gallon-size plastic bags
Sample labels
Spray paint
Shipping supplies
Chain-of-custody forms
Waterproof markers
Glove bags
Surfactant
Bathroom caulking
D-4
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APPENDIX D-2
FACILITY INSPECTION CHECKLIST
D-5
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D-6
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ASBESTOS DEMOLITION AND RENOVATION (D/R)
FIELD DATA COLLECT ION CHECKLIST
I. GENERAL INFORMATION
Site Name:
Location:
Date of inspection.^
Weather conditions:,
lnspcctor(s):
Time of inspection:
Notification Received? Yes (date): No:
Reason for Inspection:
Routine Compliance Inspection Citizen complaint
Suspected Non-notifier State Oversight/Joint
Other (explain
II. REMOTE OBSERVATIONS
Using the space provided, draw a sketch of the suspected abatement area. Draw the building
or other source of suspect ACM, waste storage area(s), location(s) of debris, land use
surrounding site, vehicles of importance, etc. Estimate and indicate dimensions and distances
as accurately as possible on the drawing.
D-7
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REMOTE OBSERVATION SKETCH
Yes No
1. Visible emissions to the outside air?
If yes, describe specific location (e.g., door, window,
waste storage area, etc.) referring to remote observation
sketch.
Yes No
2. Suspect ACM debris observed outside removal area?
If yes, describe le.g., location, estimated quantity,
condition (intact? crushed? wet? dry?)]
D-8
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3. Atc vehicles being used to haul suspect ACWM
properly marked? 161.150(c)]
4. Land use surrounding site (i.e., residential,
schools, businesses, etc.):
Yes No
a. Distance to the closest residence/public
building from the D/R site:
b. Number of residences or occupied buildings
on adjacent properties or lots:
c. Distance to pedestrian walkway, street, or
thoroughfare from site:
d. Additional information indicating potential
public exposure:
5. Building/Structure Information
a. Use (office, retail, industry, school, etc.):
b. Brief physical description of building involved in D/R (number of floors,
dimensions, etc.):
Year constructed: Year(s) renovated:
D-9
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PRE-INSPECTION INTERVIEW
Yes No
Credentials shown:
agency identification
medical monitoring certification
Name and position of person being interviewed (include company name):
Establish identity of owner/operator(s):
a. Owner name:
b. Main contact person and title:
c. Mailing address:
City State Zip Code
d. Telephone number:
(area code)
Describe any changes/modifications/discrepancies to the information provided in the
notification:
Prime Contractor (provide the following information for each contractor related to the
D/R job):
a. Company name:
b. Main contact person and title:
D-10
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c. Mailing address: _
City State Zip Code
d. Telephone number:
(area code)
e. Contractor's responsibilities at job:
f. Number of employees involved in job: _______________
g. Number of on-site employees trained in asbestos removal:
h. Name of Supervisor (if different from 5b.):
i. What type of asbestos training has the supervisor had?
6, On-site Representative
a. If applicable, name of on-site representative who has had required training in
the provisions of the NESHAP regulation (effective 1 year after promulgation
of the revised NESHAP):
b. Is evidence regarding this individual's training posted and available for
inspection at the demo/reno site? Yes No N/A
7. Subcontractors |Provide the following information for each subcontractor or any other
party onsite (e.g., hygienist, consultant, etc.) who controls or supervises the D/R
project.!
a. Company name:
b. Main contact person and title:
D-ll
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c. Mailing address;
City State Zip Code
d. Telephone number:
(Area Code)
e. Responsibilities at job:
f. Number of employees involved in job:
g. Number of on-site employees trained in asbestos removal:
h. Name of supervisor:
i. What type of asbestos training has the supervisor had?
8. Activity Description:
Yes No
a. Is more than one project occurring at the facility?
(If yes, complete a separate checklist for each or differentiate accordingly.)
b. Type of activity:
Demolition Ordered Demolition Planned renovation
Nonscheduled Operation Emergency Renovation
c. Describe the project and indicate its current phase:
D-12
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d. Describe type of abatement occurring (e.g., removal, encapsulation, etc.):
e. Abatement starting date:
IV. SITE INSPECTION OBSERVATIONS
A. Types of Suspect ACM
Insulation
Pipe insulation (felt, air cell, premolded, asbestos cement)
Block insulation
Surfacing Materials
Plaster Spackling compound Stucco
Joint compound Sprayed-on (acoustical, decorative or insulative)
Miscellaneous
Ceiling tiles Acoustical tiles
Category I Nonfliable ACM
Packings Gaskets Asphalt roofing products
Resilient floor coverings (vinyl/asbestos tile, asphalt/asbestos tile, linoleum .
Category J] N on friable ACM
Extrusion panels Clapboards/shingles Millboard
Vinyl wallpaper Pegboard Putties
Sealants Adhesives (mastics) Concrete/asbestos pipe
Paints and coatings
D-13
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Textiles (fire blankets, laboratory aprons, theater and welding curtains, gloves)
Laboratory bench tops
Other (Specify)
Quantity Determination [61.145(a)]
Complete Attachment A (Quantification of ACM) and the following:
1. Linear footage of ACM present on pipes:
2. Square footage of ACM present on other facility components:
3. Amount of ACM off facility components where the amount of ACM previously
on pipes and other facility components is unknown:
4. Method of measuring or estimating amount of ACM present:
Yes No N/A
Emission Control Procedures [61.145(c)]
1. Facility ordered demolished (removal not required):
If "yes",
a. Governmental agency ordering demolition:
b. Portion of facility containing ACM adequately wet during
wrecking?
D-14
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Yes No N/A
c. Visible dust emissions:
2. Category I nonfriable ACM not in poor condition and
not friable? (removal not required)
3. Encased in concrete (removal not required):
If "yes", adequately wetted whenever exposed during
demolition?
4. ACM not discovered until after demolition began and
cannot be safely removed (removal not required)
If "yes", adequately wet at time of inspection?
5. Category II nonfriable with low probability of becoming
crumbled, pulverized or reduced to a powder during
demolition? (removal not required)
6. Unit/section removal:
If "yes",
a. ACM adequately wet whenever exposed?
b. Lowered to floor and ground level without disturbing
ACM? _
7. Stripping in place?
If "yes",
a. ACM adequately wet while being stripped and until
collected and contained or treated in preparation for
disposal?
b. Carefully lowered to floor or ground?
c. Transported to ground via leak-tight chutes or
containers if removed or stripped >50 feet above
ground level and not removed as units or in
sections?
D-15
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Yes No N/A
8. Temperature at point of wetting below 32*F?
If "yes",
a. Regulated facility components being removed as units
or sections?
b. Visible emissions to the outside air?
c. Required records kept regarding cessation of
wetting?
d. Records available for inspection:
9. Has the owner/operator been granted an exemption
from wetting?
a. Reason for exemption
b. Who granted the exemption?
c. Is one of the following emission control techniques
in use?
Local exhaust ventilation and collection system
Glove-bag system
Leak-tight wrapping
Equivalent approved method (with approval kept at
the worksite)
d. Are there visible emissions to the outside air?
D-16
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Yes No N/A
30. Is the facility being demolished by intentional
burning?
If "yes", has all ACM (including Categories I and II) been
removed before burning?
11. Is Category I nonfriable ACM being sanded, ground or
abraded?
If "yes",
a. Are visible emissions produced?
b. Is the ACM adequately wet?
c. Is a local exhaust and ventilation and collection
system being used?
12. Are large facility components being Temoved without
the ACM being stripped?
If "yes",
a. Is the ACM being disturbed or damaged in
any way?
b. Is the component encased in a leak-tight
wrapping labeled appropriately during all
loading and unloading operations and
during storage?
I). Evaluation of Wetting
1. Is there a water or wetting agent supply?
2. What equipment is used to apply it?
D-17
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Yes No N/A
3. Is water or a wetting agent observed being sprayed on
suspect ACM during:
a. removal of units or sections?
b. stripping?
c. government-ordered demolitions?
4. Is there visible dust (airborne or settled), or dry
suspect ACM or ACWM debris in the immediate vicinity
of the operation?
5. Upon examination of some removed ACM, does the full
depth of the ACM appear to have been wetted?
6. Describe how the ACM changes when it is wetted (e.g.,
color, texture, weight, etc.):
7. Is ACM awaiting containerization adequately wet
throughout?
If not, describe:
8. Is ACM in bags or other containers adequately wet? (follow sampling
procedures detailed in "Asbestos NESHAP Demolition and Renovation
Inspection Procedures Field Manual")
If not, describe:
9. Are there any open or ripped waste bags in the waste
storage area?
How many?
Are the contents of these bags adequately wet?
D-18
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Yes No N/A
K. Waste Disposal (61.150)
1. Are there visible emissions to the outside air?
2. Is there any suspect ACM dust or debris on the
ground?
If yes, describe the quantity and location of the material and collect samples
for analysis (sketch and photograph as necessary):
3. Is the owner/operator choosing an alternative to the
"no visible emission" standard?
If yes, which of the following options is in use?
Treat with water and put into leak-tight,
labeled containers:
Is the ACM adequately wet?
Are the containers leak-tight?
Are the containers property labeled?
Process into nonfriable forms
Alternative method approved by Administrator
Description of alternative method:
D-19
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Ves No N/A
Approving agency:
Name and title of approving official:
4. Is ACWM being generated during an ordered demolition or
demolition where ACM is not required to be removed? _
If "yes", is the ACWM kept:
a. adequately wet after demolition? _
b. wet during handling and loading for transport to a
disposal site? _
(sealing in leak-tight containers or wrapping not
required - may be transported and disposed of in bulk)
5. Are containers of ACWM destined for off-site transport
labeled with the name of the waste generator and the
location of its generation?
6. Is all ACWM (excluding Category I Nonfriable in good
condition) disposed of properly as soon as is practical?
7. Are vehicles used'in the transport of ACWM marked
appropriately during loading and unloading?
8. Waste Shipment Records
The following information may not be available onsite:
a. Are appropriate waste shipment Tecords
maintained?
b. Has a signed copy of the waste shipment record
been received by the generator from the waste
disposal facility within 35 days?
D-20
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Yes No N/A
c. If such a signed copy has not been received, has
the status of the ACWM been determined?
d. Has the generator notified EPA in writing within 45
days if a signed copy of the waste shipment record
has not been received from the disposal facility?
e. Are copies of all waste shipment records (including
the signed copy sent by the disposal facility)
maintained for 2 years?
f. Comments:
Whenever a violation of the asbestos NESHAP is suspected, document occurrence in field
notes and' with photographs and take samples as needed to prove ACM was involved. Use
Attachment B for documenting sample information and Attachment C for documenting
photograph information.
V. OSIIA REQUIREMENTS
Containment Barrier?
Respiratory Protection?
Glove Bag?
Secondary containment in place where glove bags are used?
Decontamination unit?
Signs posted?
Estimated size of containment area:
Number and cfm rating of local exhaust ventilation units:
D-21
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Hygienist company;
On-site representative:
VI. POST INSPECTION INTERVIEW
Summary of Recommendations/Discussion with Owner/Operator:
VII. ADDITIONAL COMMENTS
Inspector Signature
Date
D-22
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APPENDIX D-3
LANDFILL INSPECTION CHECKLIST
D-23
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D-24
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ASBESTOS DISPOSAL LANDFILL
INSPECTION CHECKLIST
Site Name:
Site Address:
Inspcctor(s):
Date of Inspection: Time of Inspection:
I. PRELIMINARY INTERVIEW
1. Site Contact:
2. Title:
3. Affiliation:
A. Telephone number:
YES NO
5. Is the landfill approved by the State?
If yes, Operating Permit No.:
liffective date: through
6. is the disposal site operated in compliance with one of the following
site requirements? (61.154)
a. No visible emissions [61.154(a)] and
warning signs and fencing, or natural barrier [61.154(b)]
b. 6-inch cover within 24 hours [61.154(c)(1)]
c. Dust suppressant within 24 hours [61.154(c)(2)] and
warning signs and fencing, or natural barrier [61.154(b)]
D-25
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YFS NO N/A
d. Administrator approved alternative method [61.154(c)]
If yes, explain:
7. Arc waste shipment records maintained onsite? [61.154(e)(1)]
Do these records contain the following information?
a. Waste generator's information [61.154(e)(l)(i)]:
1) name
2) address
3) telephone number
b. Transporter's information [61.154(e)(1)(H)]:
1) name
2) address
3) telephone number
c. Quantity of ACWM (cubic yards or meters)
|61.154(e)(l)(iii)l:
d. Presence of improperly enclosed or uncovered waste, or
any ACWM not sealed in leak-tight containers
|61.154(e)(l)(iv):
|Has the landfill operator reported to the EPA, in writing,
by the following day, the presence of a significant
amount of improperly enclosed or uncovered waste?]
c. Date of receipt |61.154(e)(l)(v)]:
8. Have signed copies of waste shipment records been sent to
the waste generator as soon as possible, but no longer than
30 days after receipt of the waste? [61.154(e)(2)]
D-26
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YES NO N/A
9. Has the landfill operator attempted to reconcile differences
between the quantity of waste designated on the waste shipment
record and the quantity actually received? 161.154(e)(3)]
Explain:
If the discrepancy is not resolved within 15 days afteT receiving
the waste, has a report been filed with the government agency
responsible for administering the asbestos NESHAP program for
the waste generator
and
if different, the government agency responsible for
administering the asbestos NESHAP program for the
disposal site?
10. Are copies of all records and reports retained for 2 years?
161.154(e)(4)!
11. Is a map or diagram of the disposal area being maintained?
161.154(f)!
Dews the map or diagram contain the following ACWM information?
location
depth
area
quantity
cubic yards or meters
12. Arc records available for inspection? (61.154(i)]
13. Has written approval from the Administrator been obtained prior
to excavating or otherwise disturbing any ACWM already
deposited and covered? |6l.l54(j)]
D-27
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14. When was waste last received?
15. What was the method of containerization?
16. How was it deposited (e.g., manually off-loaded, dumped semiautomatically)?
17. Where was it actually deposited? (Note on sketch below.)
SKETCH OF DISPOSAL SITE (PLAN VIEW)
(include Site Entrance and Boundaries, Roadways, Active cells, Closed cells, Borrow Areas,
Direction of Prevailing Wind, and Location of Deposited Asbestos-Containing Waste.
D-28
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YFS NO
18. Are there any special provisions for handling ACWM at this
landfill?
]f yes, describe:
III. VISUAL OBSERVATIONS
Determine the following at the disposal site. Collect samples and take photographs as
necessary to document non-compliance with the provisions of the asbestos NES11AP. Use
Attachment A for documenting sample information and Attachment B for documenting
photograph information.
1. Are there visible emissions? [61.154(a)]
If yes, describe location, magnitude and activity causing the
emissions:
If barriers (fencing, natural) exist, describe them in detail. (61.154(b)(1)!
Can the barriers keep out intruders?
Explain.
3. Arc warning signs posted? 161.154(b)(1)]
4. Is the waste sufficiently covered? [61.154(c)(1)]
Depth of cover material (inches, feet):
D-29
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YES NO
5. Is the waste covered daily? [61.154(c)(1)]
Type of cover material:
6. Is a dust suppressant agent used? [61.154(c)(2)]
Type of suppressant used:
7. Is any ACWM exposed?
a. Was it deposited within the past 24 hours?
161.154(c)(2)] __ _
b. Is it sealed in leak-tight containers? [61.150(a)(l)(iii)]
c. Are the containers intact?
If no, explain:
d. Are the containers or wrapped materials labeled with
the following? [61.150(l)(v)]
asbestos hazard warning
name of waste generator
location where waste was generated
(If not, examine records and attempt to determine who
generated the ACWM.)
c. If ACWM seen is not contained or wrapped, was it generated
during a governmentally-ordered demolition? [61.145(a)(3)]
8. Arc vehicles seen unloading ACWM marked with the following
information? [61.150(c)(3)j
easy to read legend
20" x 14" upright format sign
asbestos hazard warning
D-30
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YES NO
Docs the transporter possess a properly completed waste manifest? .
If not, determine as many of the following as possible:
transporter company name
address
telephone no.
generator's name .
address
telephone no.
location where ACWM is being collected
IV. POST INSPECTION INTERVIEW
Summary of Recommendations/Discussions with Site Operator.
V. ADDITIONAL COMMENTS
Date
Inspector signature(s):
D-31
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SAMPLE COLLECTION LOG
Facility Name Samplers)
Facility Address
Date Sampled.
U
i
to
SAMPLE
NUMBER
SAMPLE
LOCATION
SAMPLE
DESCRIPTION
TIME SAMPLE
TAKEN
COMMENTS
(0
to
3
¦D >
(D 53
_ 09
O o
o or
O
(Q
-------
Attachment D
Photo Identification Log Sheet
Name/Address of Facility:
Date: ——————— Inspector (photographer):
Frame No. Time Sample No. Description
Remarks:
Inspector Signature:
D-33
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ATTACHMENT C
ASBESTOS D/R CHECKLIST
QUANTIFICATION OF ACM
Quantity1* Measurement/
Facility Area Length Estimation
Component* ft2 ft Technique' Friable"
Total
•Examples of facility components: pipe, duct, boiler, I-Beam, ceiling, steel deck, etc.
•"Quantity of suspect ACM that will be disturbed during demo/reno.
'Measurement Technique: Measured or estimated - if estimated, explain technique.
dI''riabIc rating: yes, no, or potentially during demolition or renovation.
D-34
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APPENDIX D-4
AHERA INSPECTION CHECKLIST
D-35
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D-36
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ABBREVIATED CHECKLIST FOR AHERA COMPLIANCE
FOR USE ON NESHAP INSPECTIONS
Local Education
Agency (LEA)
Address
School
Address
Designated Person
Phone Number ______
Abatement Project Description (including size of project):
Was I'rojcct Supervisor Accredited? Yes No
Accreditation Number Date
Kach worker, state/number of accreditation, date of accreditation
Was Air Clearance in progress? Yes No
Name of Person Conducting Clearance
Affiliation
Laboratory contracted to analyze samples:
Name Address/Phone Number
Type of Analysis: TEM PCM
Was the Management Plan available to look at?
Yes No Location of Plan LEA School
Was the abatement project included in the Plan? Yes No
< ^_________
Inspector Date
D-37
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D-38
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APPENDIX D-5
WORKER PROTECTION RULE CHECKLIST
D-39
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D-40
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WORKER PROTECTION RULE CHECKLIST
Date of Inspection: .
Inspection Sile:
1. Is asbestos abatement work being done? (Abatement means activity involving the removal,
enclosure or encapsulation of friable asbestos material.)
Yes No
2. Is abatement work performed by State and local government employees not covered by the
OS11A Rule (29 CFR 1926.58)?
Yes No
3. Docs the work involve more than 3 linear feet or 3 square feet?
Yes No
Notes:
Inspector's Signature Telephone Number Date
D-41
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D-42
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APPENDIX E
MODEL CONSENT DECHEE
E-l
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E-2
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UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF LOUISIANA
UNITED STATES OF AMERICA,
Plaintiff,
v.
AMALGAMATED PROPERTY OWNERS,
INC. and"
XYZ DEXOLITIO^ CONTACTOR: ,
INC. ,
Defendants
Civil Accion No
CONSENT DECREE
Plaintiff, United States of America, on behalf of the United
States Environmental Protection Agency ("EPA") , having filed a.
Complaint alleging violations of the National Emission Standard
for Hazardous Air Pollutants ("NESHAP") for asbestos, codified at
40 C.F.R. §61.140 ez sec., and the Clean Air Act, 42 U.S.C. §7401
et seq., and requesting permanent injunctive relief and civil
penalties;
And Defendants having duly filed an Answer denying the claims
of the plaintiff; [if appropriate]
And plaintiff and Defendants having agreed that settlement of
this action is in the public interest and that entry of this
Consent Decree without further litigation is the most appropriate
means of resolving this action, avoiding protracted litigation
costs and expenses;
E-3
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And Plaintiff and Defer.dar.es having moved this Court co enter
this Consent Decree, subject to the provisions of 28 C.F.R. §50.7;
NOW THEREFORE, before the taking of any testimony, upon the
pleadings, without adjudicatior. of any issue of fact or Law, and
with no finding or admission of liability against or by Defendants,
anc upon consent of the parties to this Consent Decree, it is
hereby Ordered, Adjudged, and Decreed as follows:
I.
JURISDICTION
This Court has jurisdiction over the subject matter of this
action under 28 U.S.C. §§1331, 1345, and 1355, and 42 U.S.C.
§7413(b) and over the parties consenting to this Consent Decree.
Venue is proper in this Court. The Complaint states a claim upon
which relief may be granted against Defendants.
II.
DEFINITIONS AND PARTIES
A. "Defendants" shall mean Amalgamated Property Owners,
Inc., and'XYZ Demolition Contractors, Inc.
B. "Plaintiff" shall mean the United States of America and
the United States Environmental Protection Agency.
C. Terms used in this Consent Decree which are defined in
42 U.S.C. 57412(a), 42 U.S.C. §7602, 40 C.F.R. $61.02, and 40
C.F.R. §61.141 shall have the meanings contained therein.
E-4
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III.
APPLICABILITY
A. The undersigned representatives of each party to this
Consent Decree certifies that he or she is fully authorised by
each party whoa he or she represents to enter into the terms and
conditions of this Decree, and to execute and legally bind that,
party to it.
B. The provisions of this Consent Decree shall apply to and
be binding upon the Defendants, as well as their officers,
directors, agents, servants, employees, successors, and assigns,
and all persons, firms and corporations having notice of this
Consent Decree and who are, or will be, acting pursuant to this
Consent Decree, or on behalf of, in concert with or in participa-
tion with the Defendant to this action in furtherance of this
Decree.
C. The provisions of this Consent Decree shall apply to all
of Defendant AFO's facilities in all states, territories, and
possessions of the United States of America.
D. The provisions of this Consent Decree shall apply to all
of Defendant XYZ's demolitions or renovations in all states,
territories, and possessions of the United States of America.
E. Defendants shall condition any and all contracts for
demolitions or renovations subject to this Decree during its
effective period on compliance with the terms of this Decree.
E-5
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IV.
pf.vre-.-a y»r ppfM^a?/
A. Defendants shall hereafter comply with the requirements
of the National Emission Standards for Hazardous Air Pollutants
(NESHAP) for asbestos in 40 C.F.R §61.140 g+L seg. Defendants
shall submit written notification for demolition or renovation
operations to be postmarked or delivered, at least tan (10) days
before each demolition or renovation begins if the amount of
asbestos is as stated in 40 C.F.R §61.145(a).
B. In the case of an emergency renovation as defined in 40
C.F.R. §61.141, Defendants shall provide written notice to the
appropriate EPA regional office and the appropriate delegated
state or local air pollution control agency ^ early as possible,
but not later than the following working day after asbestos
stripping or removal work or the sanding, grinding, cutting or
category I & II nonfriable asbestos-containing material begins.
C. Defendant XYZ shall, on and after the date of entry of
the Consent Decree, implement the office procedures set forth in
Attachment 1 to this Consent Decree to ensure compliance with the
notice requirements for demolition and renovation operations
subject to the asbestos regulations, and shall use the
notification format set forth as Attachments 2 and 3 to comply
with this Consent Decree. [Optional, but suggested if there have
been notice violations. See Attachments 1-3 of PC&J decree,
attached as Exhibit B, as modified.]
D. All notifications required by this Consent Decree shall
be sent by certified mail or hand delivery to the appropriate EPA
Regional office and the appropriate delegated state or local air
pollution control agency. Defendants shall maintain records of
said notifications together with proof of mailing by certified
mail for the duration of this Decree.
E-6
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E. This Consent Decree in no way affects 1) the Defendant's
responsibility to cocply with any State, Feceral or local lavs or
regulations or any Orcer by the Court, including compliance with
all applicable SESHAPS requirements; and 2) enforcement of any
such NESHA? requirements made applicable by reason of any revision
of the Clean Air Act and its implementing regulations.
[Optional provisions. Sections I-III, "Notification",
"Asbestos Control Program", and "Asbestos Training Program",
attached, are recommended as targets for settlement with contrac-
tors where appropriate, such as multiple violations or situations
in which the contractor has a large number of work crews and
inadequate centralized management of them.]
V.
CIVIL PENALTY
Defendants shall pay a total civil penalty of $ (penalty in
accord with penalty policy). Said payment shall be in full
satisfaction of Plaintiff's claims against defendants for the
violation alleged in the Complaint in this action. Payment shall
be made by cashier's or certified check parable to "Treasurer of
the United States of America" and tendered within 30 days after
final entry of this Decree to the United States Attorney for the
Middle District of Louisiana, [Address]. Defendants shall send a
copy of the check to the Office of Regional Counsel [Address],
and to the Land and Natural Resources Division, U.S. Department
of Justice [Address]. Civil penalty payments under this decree
are not tax deductible.
[Optional provisions. Sections IV-V1 attached are
recommended if it is necessary to provide for an installment
schedule for payment of civil penalties. An installment approach
is appropriate only if defendants demonstrate that a lump sum
payment is financially infeasifcle.]
-------
VI.
contractor oe3arhe::t a:;d suspension
[Optional provision. Section VII attached, may be a useful
negotiating tool against contractors which do business with the
Federal government. However, the Office of Inspector General,
Suspension and Debarment Branch (FTS 475-3S6C) should be consulted
prior to making any. commitments regarding suspension or debarment
proceedings. 1
VII.
STIPULATED PENALTIES
[At a minusirs, should apply to violations of specific injunctive
relief, such as training program or asbestos control program.]
A. Defendant XYZ shall pay stipulated penalties of $
per day per violation of any provision of Sections of this
Consent Decree.
B. All payments of stipulated penalties shall be made
within thirty (30) days of the date of noncompliance by cashiers's
or certified check made payable to the "Treasurer of the United
States" and mailed co the United States Attorney [Address] District
of Louisiana. A copy of the letter forwarding such check, together
with a brief description of the noncompliance, shall be nailed to
the Office of Regional Counsel, [Address] and to the Land and
Natural Resources Division, U.S. Department of Justice.
E-8
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C. Nothing contained herein shall be conscruec to prevent
cr liait the rights of the plaintiff to ootain any ether reaecy,
sanction., or relief which may be available to it by virtue of
Defendant's failure to comply with this Consent Decree, the Clean
Air Act, or the asbestos NESHAP.
VIII.
FORCE MAJEURE
[Optional - may be inserted if demanded by Defendants. Section
VIII attached is recommended.]
IX.
TERMINATION
This Consent Decree snail terminate 3 years from the dace.of
its entry, provided the Defendant has complied with its terms,
including the payment of any accrued stipulated penalties. The
United States shall have the right to seek extension of this
period in the event of any violation of the Decree. The Court
will retain jurisdiction over this matter to enforce the provi-
sions of this Decree.
X.
PUBLIC NOTICE
Each party consents to entry of this Consent Decree, subject
to the public notice and comment requirements of 28 C.F.R. S50.7.
XII.
COSTS
Each party shall bear its own costs.
E-9
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For Plaintiff -
United States of America:
Dated
Assistant Attorney General
Land and Natural Resources Division
United States Department of Justice
Dated:
Assistant Administrator for
Enforcement ana Compliance Monitoring
United States Environmental Protection
Agency
Assistant United States Attorney
Middle District of Louisiana
Dated.
Trial Attorney
Land and Natural Resources Division
Environmental Enforcement Section
United States Department of Justice
Dated
For Defendant XYZ Demolition
Contractors, Inc.
Dated
For Defendant Amalgamated Property
Owners, Inc.
Dated
E-10
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ENTRY OF THE COURT
Judgment entered in accordance with the foregoing Cor.ser.z
Decree this cay of , 1987.
BY THE COURT:
United States District
Judge
E-ll
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Mcdei Consent Decree
Optional Provisions
I. NOTIFICATION
The notification provisions of this paragraph are in addition
to, and are not a substitute for, the notification provisions of
40 C.F.R. §61.145(b).
A. Until the termination of this decree, XY2 Demolition
agrees to do the following regarding any demolition and/or
renovation project it undertakes, regardless of whether asbestos
material is involved, where the dollar amount of XYZ's initial
contract exceeds $75,000.00 in either case or services rendered.
1. XYZ Demolition will notify the Environmental Protection
Agency (hereinafter called "EPA") and the corresponding
or relevant State/local environmental agency of the
demolition/renovation activity by XYZ.
2. Notifications made pursuant to Paragraph 1(A)(1) shall
include the information specified in 40 C.F.R.
61.145(b) (4) and shall be submitted at least ten (10)
days prior to the commencement of the renovation and/or
demolition work by XYZ or contractors hired by it to
perform renovation and/or demolition work. The
notification to the EPA shall be sent via certified mail
to the United States Environmental Protection Agency,
[Address]
3. In addition to the information required by 40 C.F.R.
§61.145(b), each notification shall include:
(1) The name and position of the person responsible for
supervising all work involving asbestos-containing
material (ACM).
(2) A description of the procedures and equipment to be
used to prevent visible emissions of asbestos-
containing material, and to decontaminate workers.
(3) A description of the location and amount of ACM in
the facility to undergo renovation or demolition.
E-12
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(4) The name of the person who determined whether
asbestos-containing material (ACM) was located at
the site and the basis on which such determination
was made.
B. XYZ shall also include the information specified in
Paragraph I
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2. Acting as Che priaary liaisor. between
XYZ anc EPA and/or ar.v scare/'local air
pollution control agency. The A?M shall
be responsible for ensuring thac EPA
and che appropriate state/local air
pollution' agency receives che proper
r.o: if ication.
3. Ensuring thac each site is inspected
prior to submittal of che notification
discused above to determine whether
ACM is present.
4. Ensuring thac decontamination facilities
are available, equipped, ana used at
each job site involving removal of ACM.
5. Maintaining any records of any landfill
receipts and reports of analyses performed
on samples taken to determine' the*presence
of ACM.
C. .The president of XYZ will be responsible at all times
for the APM1s performance of his duties.
D. Ac each demolition and renovation project involving ACM,
XYZ shall designate site-asbestos-supervisors who shall either be
or who shall report to the ACM. XYZ shall have the right to
designate different individuals as asbestos supervisor at a
particular site on a day-to-day basis.
1. Each sice-asbestos-supervisor shall have
the primary responsibility for managing
all asbestos activities at the work site.
2. The site-asbestos-supervisor will be the
primary contact through which any employee
at the site involved with asbestos removal
shall receive guidance and instructions.
3. The site-asbestos-supervisor shall be the
primary liaison between EPA and/or state/
local inspectors and on-site employees.
E-14
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4. The s;te-asbestos-supervisor shall
isnediately correcc ar.v violations of the
Asbestos KESKA? he discovers. If ar.
immediate remedy is r.ot possible, the
supervisor shall stop all asbestos removal
activities ur.til the violations are corrected.
5. The site-asbestos-supervisor shall have a
copy of the written notification for that
site in his possession while on-site.
E. XYZ shall take all reasonable steps to see that the
employees engaged in removal, handling, and transporting activities
follow all practices and procedures learned during the Asbestos
Training Program (discussed in Section IV) and any written and/or
oral instructions provided by the APM and-/or the job site asbestos
supervisor.
F. XYZ shall develop written Asbestos Policies and Procedures.
The procedures shall address all of the requirements listed in
this document and responsibilities of the APM, supervisors and
employees. The policy shall provide that workers are encouraged
to report any violations of the program or any Asbestos NESHAP
(40 C.F.R. Part 61 , Subpart M) to the Asbestos Program Manager or
the site-asbestos-supervisor. The procedures shall detail how
ACM is to be removed at a site facility ar.d how ACM is to be
disposed of.
1. These procedures shall be given to each
employee and supervisor involved with
asbestos activites.
2. These procedures shall be periodically
reviewed by the APM and XYZ company
officers and revised if necessary, based
upon changes in the regulations, develop-
ment of new removal techniques or ar.y
other reason necessary to ensure that
all requirements are addressed.
E-15
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G. XYZ shali submit its ACP to EPA for review and approval
within sever.cy-fivs (75) cays of che dace this Decree is approved
ar.d entered as an order of the Court. If EPA requires changes in
the AC?, EPA's co--er.cs shall thereafter be incorporated.
III. A5BE5T0S TRAINING PROGRAM
A. XY2 shall develop and implement an Asbestos Training
Program (ATP) for all company employees engaged in actual asbestos
removal, handling, transportation and disposal activities, all
foremen/supervisors of asbestos activities and an Asbestos Program
Manager (APM) and an alternate as of the effective date of this
Decree.
B. XYZ has chosen and will hire [trainer acceptable to EPA]
to provide the AT? for the persons identified in Faragraph III(A).
The ATP offered by'[trainer] will consist of its regular "Worker
Training" course plus all requirements of the Asbestos Control
Program described in Paragraph II of this Decree. This course
will cover, at a minimum, information concerning the background
of asbestos; federal, state ana city regulations; medical
surveillance, health effects of asbestos, worker protection, air
sampling'and general and special work practices. XYZ will ensure
that the course devotes at least three hours to actual asbestos
removal techniques required by the Asbestos NESHAP, 40 C.F.R.
Part 61., Subpart M.
C. XYZ will implement the ATP within 45 days of the entry
of this Decree by the Court.
E-16
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D. One year from che effective dace of chis Decree, XY2
will provide che crair.ing program identified in Seczior. Ill CB) of
chis Decree to employees engaged in actual asbestos removal,
handling, transportation and disposal activities who were hired
by XYZ after completion of che initial crair.ir.g program. XYZ
must complete this training program within 15 months of the
effective date of this Decree.
E. Wichin 15 days of Che training program's complecion, XYZ
muse submic sacisfactory evidence from che person who conducts
che training program chac each employee required above co be
crained has successfully completed che AT?. The submissions
shall be ser.c by certified anil to che UniCed States Environmental
Proceccion Agency, [Address].
IV. CIVIL PENALTY
A. Defendant shall pay a cotal civil penalty payment of S
in inscallmencs cogecher with interest by cashier's
or cercified check payable co "Treasurer, Uniced States of America"
and sent by registered mail to the United Staces Attorney [Address]
according to the following schedule.
S shall be pcid within days
or rmai entry of this conser.c decree.
'2) $ shall be paid within days
of finax entry of this consent decree,
together with accrued interest ac che
specified rate.
3) Ecc.
E-17
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B. Interest shall accrue upor. the unpaid balance at a rate
equal to the coupon 'issue yield equivalent (as determined by the
Secretary of the Treasury) of the average accepted auction price
for the last auction of 52-week U.S. Treasury bills settled
immediately prior to the time of the preceeding payment and shall
be included in each subsequent payment under the schedule of
payments set forth in sub-paragraphs A(2) and (3) , above. Interest
shall be computed from [time of first payment]. Thirty (30) days
prior to the payments described in A(2) and (3), above, the U.S.
Attorney's Office shall send a statement of interest due and
owing for the upcoming payment.
C. The civil penalty payments made under this Consent Decree
are not tax deductible. Upon final entry of this Consent Decree,
the United States shall be deemed a judgment creditor for purposes
of enforcement of this Decree.
v- ACCELERATION of payments
A. If the Defendant:. (1) fails to make any payment in the
time specified under this Consent Decree, or (2) files a voluntary
petition in bankruptcy under the Bankruptcy Code of the United
States, or (3) is adjudicated as bankrupt under such Code, or (4)
is the subject of a petition filed in federal or state court for
the appointment of a trustee or receiver in bankruptcy or
insolvency, or (5) makes- a general assignment for the benefit of
creditors, then on the occurrence of any such conditions, at the
option of the United States, the entire balance of the principal
amount of civil penalty, together with all accrued interest .at
the rate specified above in paragraph B of Section IV of this
Consent Decree, shall become immediately due and payable.
Defendant shall also be liable for attorneys' fees and costs
incurred by the United States as a result of the implementation
of this acceleration provision.
E-18
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B. Within five (5) business days after Defendant becomes
aware of an occurrence cf any of the events or conditions described
in subparagraph V(A)(2)-(5) above, the Defendant shall give
immediate written notice to the U.S. Environmental Protection
Agency, [Address] and to the United States Attorney [Address] by
certified first class nail, postage prepaid.
VI. GUARANTY
See Exhibit A attached hereto.
VII. CONTRACTOR DEBARMENT AND SUSPENSION
It is the policy of the Environmental Protection Ager.cy
(EPA) to do business only with responsible contractors. EPA
contends it has the authority to debar or suspend irresponsible
contractors from EPA-assisted, indirect procurement under 40
C.F.R. §32.100; et seq. and from direct Federal procurement under
48 C.F.R. §9.400, et sec, of the Federal Acquisition Regulation.
EPA agrees that it will not institute debarment or suspension
proceedings against the Defendant based on the violations that
underlie this Consent Decree as long as the Defendant complies
with the terms and conditions of this Consent Decree. If EPA
determines, after appropriate notice and an opportunity for a
hearing pursuant to 40 C.F.R. §32.100, et sec. and 48 C.F.R.
§9.400 et seq. , that Defendant has breached the terms and conditions
of this Consent Decree, then Defendant agrees that .such breach
may constitute a cause for debarment and suspension. In such
case, if EPA initiates a debarment or suspension action, it may
cite the violations which gave rise to this Consent Decree as
causes for debarment or suspension, in addition to the violations
of the Consent Decree.
E-19
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VIII. FORCE MAJEURE
If ar.y ev'er.c occurs that causes or may cause delays ir. cnc-
completion of the activities described herein, XYZ shall vithir.
five days of its learning of such event notify the United States
in writing of the delay or anticipated delay, describing ir. detail
the precise cause or causes of the delay, the anticipated length
of the delay, the measures taken and to be taken by XYZ to prevent
or minimize the delay and the time-table by which these measures
will be implemented. XYZ will adopt all reasonable measures to
avoid or minimize any such delay. If the United States and XYZ
agree that the delay, or anticipated delay, has been or will be
caused by circumstances entirely beyond the control of XYZ and
agree on the length of the delay, the time for performance
hereunder will, with Court approval, be extended for a period
equal to the delay resulting from such circumstances. If the
United States and XYZ do net agree that the delay, or anticipated
delay, has been or will be caused by circumstances entirely beyond
the control of XYZ, and/or do not agree on the length of the
delay, XYZ may submit the matter to the Court for resolution. In
any such proceeding, XYZ shall bear the burden of demonstrating
that the delay or anticipated delay, has been or will be caused
by circumstances entirely beyond its control and of the necessity
of the proposed length of the delay. Increased costs or expenses
associated with implementation of the activities required by this
Consent Decree and changes in economic circumstances of the
defendants shall not be considered circumstances beyond the
control of the defendants. XYZ shall be entitled to the benefits
of this paragraph only if XYZ has given the notice of the delay
or anticipated delay as set forth above in this paragraph.
E-20
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£XH/6/T A
Qua ~arty oT ?ayaer.t by Indcrse r s
1. In consideration of the payment schedule set forth ir-
Section VI, Part A, of the consent decree filed in
States v. P.C.I J. Contracting Co.. Inc.. Civil Acti'or n-.
C6i-^1m1 (Northern District of ±owa} (."hereinafter the r>;r-r"
the undersigned lndorsers Jointly and severally uncori: *. l-r-.Ii: y
guaranty the payment of a >105*000 civil penalty, tcg?->cr
with interest at the rate specified in Section VI, ?lr: B
of the Decree, and all costs, expenses, and attorney's i*-e«
incurred in the collection of said civil penalty.
2. As payments are made pursuant to the payment schedule « -: Czrzr.
in Section VI, Part A, of the Decree, the United States
to reduce lndorsers' obligation and guarantee accordir.cly*.
3. lndorsers' liability Is Independent of any other guarzr.ZLts
between lndorsers and any other parties' guaranties.
This guarantee is binding upon the lndorsers, their hsirs,
personal representatives, and assigns.
5. lndorsers waive any presentment, demand, protest, and rrtice cf
dishonor associated with this guarantee.
individually and as Vice Preside
of PCfeJ Contracting Co., Int.
Nerina sonic, wife of Kresc
P. Besaalinovie, indlviduall-,
and as President of PC4J CcnrractLr.g
Co., Inc.
Sworn to and subscribed to, after presentation z.
photographic identification of above-undersigned indcrsers,
before me this ^ day of . . 1986.
/ Notary Public
My Commlsison expires on
Exhibit A
E-21
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(date)
TO: ALL OFFICE PERSONNEL
r.p.A. NOTrrTrATTON PgQCEDTOE PO* ALL DEMOLITION AND RENOVATION
¦703 INVOLVING
ASBESTOS REMOVAL
In order to meet strict compliance with E.P.A. notification
requirement, the following procedure is now in effect and is to be
followed for all ri^molltlon and renovation -Sobs. Note that one of
the two notification forms (see attached) must be completed prior
to beginning any demolition or renovation activity.
On a demolition or renovation job involving the stripping or
removal of any amount of asbestos material on pipes, ducts,
boilers, tanks, reactors, turbines, furnaces, or structural
members, fill out the attached form. it. must be postmarked or
rip-Mygrgd sr lf*asf r.or n. m before demolition or renovation
nr arv assoriat-grf stripping or removal nf asbestos material
hftgir.s ¦
The original of the appropriate notification document shall be
sent to the proper state agency or local air pollution control
agency. A copy of the same notice shall be sent to the
appropriate U.S. EPA regional office.
A copy of each document sent shall be kept in the job file
E-22
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(oate,
(To the appropriate E?A regional office ar.d the state cr delecatei"
local arer.oy)
TWENTY DAY NOTIFICATION 0? ASBESTOS REMOVAL ACTIVITIES
PURSUANT TO 40 C. F. ?.. § 61.14 6
Dear :
Pursuant to the requirecents of 40 CFR 61.146, the following noti-
fication of impending asbestos removal is provided by P C i J
Contracting Co., Inc., located at '
FACILITY TO 5E DEMOLISHED OF RENOVATED
Narce of facility:
Address:
city: ZZZZZZZHZIIIZZZIZIZIZIZZ! state: ZHZZZIZZZZZ £-?• zz=
Telephone:
Kane of owner:
Address: «____ZZZZZZZZHZZZZZZZZIZZZIIZZZIIZIZZZZZZIZI
City: «JZZZZZZZZZIZZZZIZ State: ZZZZZZZZZZZI Zip:
Telephone:
Size of facility:
Age of facility:
Frier usage:
Demolition or renovation rsethodology:
ASBESTOS INFORMATION
Removal dates: Start Finish
Quantity on pipes .(linear feet)
Quantity on other coraponents (square feetJ
Description of asbestos material:
Method of asbestos measurement:
Sincerely yours,
E-23
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(date;
(To the appropriate U. S. EPA regional office, and the state cr
delegated local Agency)
TEN DAY NOTICE OF ASBESTOS REMOVAL ACTIVITIES
PURSUANT TO 40 C.F.R. $ 61.116
Dear •
Pursuant to the- requireoents of 10 CFR section 61.116, the following
notification cf impending asbestos reaoval is provided by P C I Z
Contracting Co., Inc., located at * .
FACILITY TO EE DEMOLISHED Or. RENOVATED
Name cf facility:
Address:
City: State: Zip:
Telephone:
Name cf owner: ______________________________________________
Address:
City: _JZIIZIZIIIIZZ State: ZZZZZZIZZZZ 2ip7
Telephone: _______________________
Size of facility:
Age cf facility:
Prior usage:
Demolition cr renovation methoccj.cgy:
AS5EST0S INFORMATION
Removal dates: Start Finish
Quantity on pipes (linear feetJ
Quantity on other components (square feet)
Description of asbestos material: ______________
Removal emission control procedures:
E-24
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»wa» - »>. , ..:.r.
Waste handling' esission control procedures:
Disposal site narae:
Address: ______
City:
Telephone;
itate:
Tip-
Sincerely yours,
E-25
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APPENDIX F
ASBESTOS NESHAP INSPECTION SCENARIO
F-l
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F-2
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INSPECTIONS AND REPORT WRITING: FOR THE FUN CF IT"
May 19,1988 Karen A. Meyer and Dana J. Stotsky
ASBESTOS NESHAP FACT PATTERN
You are a highly trained and skilled EPA NESHAP asbestos inspector. One afternoon you
get a telephone call at your desk and a frantic and hushed voice at the other end of the line
asks, "Are you with EPA?".
The person tells you that she works at the First National Bank in downtown Duke City and
that she is worried about some construction work going on at the bank. She tells you that
there is white dust flying all around the bank lobby and that she and her co-workers have
been coughing a lot since the work began. She tells you that when she told her supervisor
she was worried about the renovation project, her supervisor told her" that there was nothing
to worry about. She tells you that she took a sample of the white dust to a lab that a friend
of hers runs and that her friend told her the material was asbestos. She refuses to give you
her name.
You get your respirator and suit and go down to the bank. When you arrive in your
decontamination suit, the bank manager and the foreman of the construction site quickly
greet you with a barrage of questions. You present your EPA credentials and tell the
manager and foreman that you are there to take a look at the renovation project in the bank
lobby. They ask if they have to let you in, and you tell them you can always go back to the
office and get a search warrant. They let you in. When you enter the bank lobby this is what
you see:
The bank lobby is huge. It appears to be 200 feet long and 100 feet wide. The renovation
work involves the ceiling, which appears to be 30 feet from the floor. There is scaffolding
going up to the ceiling and twelve men standing on it are scraping a white, fluffy material off
the ceiling. The men are dressed in T-shirts and jeans. The workers, scaffolding, and the
floor below are covered with white dust Hie bank lobby is full of bank patrons, lined up to
conduct last-minute transactions before the bank closes. There is a sign posted near the
tellers' counter which says "PLEASE EXCUSE THE DUST. WE ARE MAKING THE
BANK MORE BEAUTIFUL FOR ALL OF YOU!".
(For non-Air people, the asbestos NESHAP requires the following:
1. Notification to the State or EPA on a planned renovation or demolition project
involving friable (crumbly) asbestos-containing material
2. Wet removal of asbestos if over 160 square feet, 260 linear feet, or 35 cubic feet
3. Bagging and proper disposal of asbestos materials.
F-3
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F-4
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LIST OF AVAILABLE REFERENCES
The following is a list of publications that deal with asbestos. These publications may be
available from the EPA Regional Offices or from the Asbestos and Small Business
Ombudsman, OSDBU A-149-C, Washington, D.C. 20460. Telephone: (800) 368-5888; for
D.C. and VA: (703-557-1938). Information may also be obtained by calling the TSCA
Hotline (202) 554-1404.
1. Malmberg, K.B. EPA Demolition & Renovation Inspection Procedures. Stationary
Source Enforcement Division, Washington, D.C. October 1975. (S.22 Document).
2. Piper, S.G., and P. Ford. 1988 NESHAPs Asbestos Demolition and Renovation
Inspection Workshop - Final Report. Alliance Technologies Corporation. EPA
Contract No. 68-02-4465, Work Assignment No. 21. March 1988.
3. Piper, S.G., et al. Asbestos NESHAP Inspector Safety Workshop - Draft Final
Report Alliance Technologies Corporation. EPA Contract No. 68-02-4465, Work
Assignment No. 40. June 1988.
4. U.S. Environmental Protection Agency. Asbestos Demolition and Renovation
Enforcement Strategy (Revised). Stationary Source Compliance Division,
Washington, D.C. Ivtorch 31, 1988.
5. U.S. Environmental Protection Agency. Draft Health and Safety Guidelines for EPA
Asbestos Inspectors (Revised). Environmental Health and Safety Division, Office of
Administration and Resource Management, Washington D.C. June 1990. (Attached
as Appendix C).
6. Piper, S.G. and N. Lebedzinski. 1989 Demolition and Renovation Inspection and
Safety Procedures Workshop • Final Report Alliance Technologies Corporation.
EPA Contract No. 68-02-4465, Work Assignment No. 89-112. July 1989.
7. U.S. Environmental Protection Agency. Asbestos-Containing Materials in School
Buildings: A Guidance Document, Parts 1 and 2. Office of Toxic Substances,
Washington, D.C. C00090, March 1979. (Orange Books).
8. American Industrial Hygiene Association. Respiratory Protection, a Manual and
Guideline. Prepared by L.R. Binkner, Department of Environmental Health and
Safety Affairs, NY, 1980.
R-l
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9. U.S. Department of Health and Human Services. Workplace Exposure to Asbestos
National Institute for Occupational Safety and Health Publication N. 81-103, April
1980.
10. U.S. Environmental Protection Agency. Support Document/Asbestos-Containing
Materials in Schools/Health Effects and Magnitude of Exposure. Office of Pesticides
and Toxic Substances, Washington, D.C. EPA-560/12-80-003, October 1980.
11. U.S. Environmental Protection Agency. Asbestos-Containing Materials in School
Buildings, Guidance for Asbestos Analytical Programs. EPA-560/13-80-017A,
December 1980.
12. U.S. Environmental Protection Agency. Solid Waste Landfill Design and Operation
Practices. Contract No. 68-01-3915, Washington, D.C. April 1981.
13. U.S. Environmental Protection Agency. Evaluation of Encapsulants for Sprayed-On
Asbestos-Containing Materials in Buildings. Office of Research and Development,
Cincinnati, OH. 1981.
14. The Foundation of the Wall and Ceiling Industry, Washington, D.C. Guide
Specifications for the Abatement of Asbestos Release from Spray- or Trowel-
Applied Materials, in Buildings and Other Structures. December 1981.
15. U.S. Environmental Protection Agency, Region VII. Asbestos Exposure Assessment
in Buildings. Inspection Manual. October 1982.
16. U.S. Environmental Protection Agency. Guidance for Controlling Friable Asbestos-
Containing Materials in Buildings. Office of Pesticides and Toxic Substances,
Washington, D.C. EPA-560/5-83-002, Marchl983. (Blue Book).
17. U.S. Environmental Protection Agency. Airborne Asbestos Levels in Schools.
Washington, D.C. EPA-560/5-83-003, June 1983.
18. U.S. Environmental Protection Agency. Evaluation of the Asbestos-in-Schools
Identification and Notification Rule. EPA-560/5-84-005, October 1984.
19. U.S. Environmental Protection Agency. Asbestos in Buildings: A National Survey of
Asbestos-Containing Friable Materials. EPA-560/5-84-006, October 1984.
20. U.S. Environmental Protection Agency. Asbestos Waste Management Guidance.
EPA-530-SW-85-007, May 1985. (Little Blue Book).
21. U.S. Environmental Protection Agency. Guidance for Controlling Asbestos-
Containing Materials in Buildings. EPA-560/5-85-024, June 1985. (Purple Book).
R-2
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22. U.S. Environmental Protection Agency. Evaluation of Asbestos Abatement
Techniques, Phase 1: Removal. EPA-560/5-85-019, October 1985.
23. U.S. Environmental Protection Agency. Asbestos in Buildings: Simplified Sampling
Scheme for Friable Surfacing Materials. Office of Pesticides and Toxic Substances,
Washington, D.C. EPA-560/5-85-030A, October 1985. (Pink Book).
24. U.S. Environmental Protection Agency. Measuring Airborne Asbestos Following an
Abatement Action. Washington, D.C. EPA-600/4-85-049, November 1985. (Silver
Book).
25. U.S. Environmental Protection Agency. A Guide to Respiratory Protection for the
Asbestos Abatement Industry. Office of Pesticides and Toxic Substances
Washington, D.C. EPA-560-OPTS-86-001, April 1986. (White Book).
26. U.S. Department of Labor, Occupational Safety & Health Administration.
Occupational Exposure to Asbestos: Tremolite, Anthophyllite, and Actinolite; Final
Rules. 29 CFR Parts 1910 and 1926. (51 FR 22733) June 1986.
27. U.S. Environmental Protection Agency. Guidance for Presenting Asbestos Disease
Among Auto Mechanics. Office of Pesticides and Toxic Substances, Washington,
D.C. June 1986. (Yellow Book).
28. U.S. Environmental Protection Agency. Evaluation of Asbestos Abatement
Techniques, Phase Z: Encapsulation with Latex Paint. EPA 560/5-86-016, July 1986.
29. U.S. Environmental Protection Agency. Electron Microscope Measurement of
Airborne Asbestos Concentrations: A Provisional Methodology Manual. EPA-
600/2-77-178, Revised June 1978.
30. U.S. Environmental Protection Agency. Methodology for the Measurement of
Airborne Asbestos by Electron Microscopy (Draft Report), July 1984.
31. Asbestos: A Perspective To An Overview. Huff, J.E. Toxicology Information
Response Center, Oak Ridge, Tennessee, March 1978.
32. Natale, A. and Levins, HJ. "Asbestos Removal and Control," An Insider's Guide to
the Business. Levins Design, Inc. ISBN 0-917097-00-9. 1984.
33. Controlling Asbestos Contamination with Negative Air Filtration Systems. Source
Finders, Voorhees, N.J. ISBN 0-917097-01-7. 1984.
34. Recommended Contract Specifications for Asbestos Abatement Projects. Maryland
Department of Health and Mental Hygiene, April 1985.
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35. Project Protocol for Control Technology Assessment of Asbestos Removal
Processes. National Institute for Occupational Safety and Health, February 1985.
36. National Institute of Building Sciences. Asbestos Abatement and Management in
Buildings-Guide Specifications. NIBS, Washington, D.C. 1988.
37. U.S. Environmental Protection Agency. Asbestos NESHAP Demolition and
Renovation Inspection Procedures Field Manual. Office of Air Quality Planning and
Standards, Washington, D.C. July 1990.
38. U.S. Environmental Protection Agency. Asbestos Content in Bulk Insulation
Samples- Visual Estimates and Weight Cca?ccr.tion. Office of Pesticides .iwd Toxic
Substances. Washington, D.C. EPA-560/5-38-U1i. September 1988.
39. Asbestos: Manufacture, Importation, Processing and Distribution in Commerce
Prohibitions; Final Rule. EPA 40 GFR Part 763 Subpart I. (54 FR 29460) July 12,
1989.
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TECHNICAL REPORT DATA
(P'.ease read Instructions on the reverse before comeieting)
1, REPORT NO. 2.
340/l-90-003a
3. RECIPIENT'S ACCESSION NO.
A, TITLE AND SUBTITLE
Asbestos NESHAP Demolition and Renovation
Inspection and Safety Procedures Workshop -
Student Manual
5. REPORT DATE
Nnvpmh^r 1000
6. PERFORMING ORGANIZATION CODE
7. AUTHOR(S)
Stephen G. Piper and Nancy Lebedzinski
8. PERFORMING ORGANIZATION REPORT NO.
9. PERFORMING ORGANIZATION NAME AND ADDRESS
Alliance Technologies Corporation
Boott Mills South
Foot of John Street
I nu/fl! MA mss?
10. PROGRAM ELEMENT NO.
11. CONTRACT/GRANT NO.
68-02-4465
12. SPONSORING AGENCY NAME ANO ADORESS
Environmental Protection Agency
Office of Air Quality Planning and Standards
Stationary Source Compliance Division
Washington, DC 20460
13. TYPE OF REPORT ANO PERIOD COVERED
14. SPONSORING AGENCY COOE
15. SUPPLEMENTARY notes
Te. ABSTRACT
This document provides information regarding inspector safety and -the
conduction of regulatory compliance inspections of asbestos demolition
and renovation worksites and disposal facilities. Detailed information
concerning the following is included: 1) health effects of asbestos
exposure, 2) identifying asbestos-containing materials, 3) abatement
techniques, 4) the NESHAP regulation, 5) inspector safety, 6) inspection
procedures, and 7) bulk and air sampling and analysis.
Inspection checklists designed for facility inspections and landfill
inspections are appended. The material presented is a summary of information
and experience gained by EPA through the inspection and case development
experiences of a nationwide representation of regulatory staff responsible
for enforcing the asbestos NESHAP.
An instructor manual (340/l-90-003b), slide narrative (340/1-90-003c) and
slides, designed to enhance the presentation of material, in the student manual,
17. KEY WORDS ANO OOCUMSNT ANALYSIS
». DESCRIPTORS
b. 1DENTIPIERS/0PEN ENDED TERMS
c. COSATI Field/Group
Asbestos Abatement
Asbestos Inspections
Asbestos Waste Disposal
Asbestos Sampling & Analysis
Asbestos Health Effects
Asbestos-Containing Materials
Asbestos Inspector Safety
Respiratory Protection
NESHAP
18. DISTRIBUTION STATEMENT
Available to the Public'
18. S«6URITY CUAM (This Report)
UNCLASSIFIED
ai.N0. op*a<5M
326
aO. SECURITY CLASS (Thttpugt)
UNCLASSIFIED
22. PRICK
EPA F«r
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