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HomeMy WebLinkAbout05016_Southern Mfg Email 20021122 with RegsFrom:Minnich, Carolyn To:"Hanna Assefa" Subject:RE: Southern Manufacturing Date:Friday, November 22, 2002 11:08:40 AM Attachments:2002 61CFR.pdf Hi Hanna: Thanks for the comments, but I think I uncovered a new regulation that will effect our decision. Yesterday, I was talking with Pat Curran of the Public Health, DHHS about the project. He was familiar with the site from site visits in the 1970s and 1980s. I asked about potential of leaving the asbestos soil in place and covering with a soil cap. He educated me on the NESHAP 40 CFR 61.151 regulations. I attached the regulations for quick reference. This regulation puts strict regulations on leaving asbestos in place and considers it an inactive waste disposal site. Were you aware of these regulations when you approved the soil cap? Based on my initial review, it appears they will have to remove the soil or fall under strict NESHAP ruling. I know the Prospective Developer with not like the response and I want to make sure we are on the same page. Please call me to discuss further. Thank You, Carolyn Minnich Brownfields Project Manager NCDENR c/o City of Charlotte Neighborhood Development Key Business (v) 704/336-3499 (f) 704/336-2527 -----Original Message-----From: Hanna Assefa [mailto:Hanna.Assefa@ncmail.net] Sent: Thursday, November 21, 2002 6:05 PMTo: Minnich, Carolyn; DAPHNE OLSZEWSKI; BRUCE NICHOLSON; CHARLOTTE JESNECKSubject: Re: Southern Manufacturing First clarification of the background info. The 6 to 8 inches in some areas was approved forindustrial commercial exposure where no children were expected to be playing in the soil . At that time site use as an outdoor arena was not on the table. The approval was also contingenton language in the land use restrictions that would limit soil disturbance and allowed for strict monitoring of soil disturbance and erosion. As for your question regarding how much soil is enough- I like Daphne's suggestion with theAGRI. people to determine how much soil is needed for the long term survival of grass/ groundcover. You might even specify the appropriate type of grass to plant- It might make adifference. I would also like to point out that heavy equipment used during soil capping and arena construction activities will likely tear up 4 mil plastic under 4 inches of soil. Therefore,consider heavy equipment usage during construction activities in your decision. Have you considered using sturdy geotechnical fabric instead of plastic. That will mark wherethe contaminated horizon is and serve as an indicator when the soil is disturbed. More than likely a few inches of soil on top of plastic will easily wash of especially in your sloped 90 40 CFR Ch. I (7–1–02 Edition)§61.140 and a brief description of the correc- tive action taken shall be recorded for at least 2 years. A period of operation during which the parameter boundaries are exceeded is a 3-hour period of oper- ation during which: (i) For each vapor incinerator other than a catalytic incinerator, the aver- age combustion temperature is more than 28 °C (50 °F) below the average combustion temperature during the most recent performance test. (ii) For each catalytic incinerator, the average temperature of the vent stream immediately before the cata- lyst bed is more than 28 °C (50 °F) below the average temperature of the vent stream during the most recent per- formance test, or the average tempera- ture difference across the catalyst bed is less than 80 percent of the average temperature difference across the cata- lyst bed during the most recent per- formance test. (7) For each vapor incinerator, the following shall be recorded for at least 2 years: (i) If subject to §61.139(f)(2)(i), records of the flow indication, and of all peri- ods when the vent stream is diverted from the vapor incinerator or has no flow rate. (ii) If subject to §61.139(f)(2)(ii), records of the flow indication, and of all periods when the vent stream is di- verted from the vapor incinerator. (iii) If subject to §61.139(f)(2)(iii), records of the conditions found during each monthly inspection, and of each period when the car seal is broken, when the valve position is changed, or when maintenance on the bypass line valve is performed. (j) The following reporting require- ments are applicable to owners or oper- ators of control devices subject to §61.139: (1) Compliance tests shall be reported as specified in §61.13(f). (2) The following information shall be reported as part of the semiannual reports required in §61.138(f). (i) For each carbon adsorber: (A) The date and time of detection of each exceedance of the maximum con- centration point and a brief description of the time and nature of the correc- tive action taken. (B) The date of each time that the captured benzene or removed carbon was not handled as required in §61.139 (b)(1) and (2), and a brief description of the corrective action taken. (C) The date of each determination of the maximum concentration point, as described in §61.139(h), and a brief rea- son for the determination. (ii) For each vapor incinerator, the date and duration of each exceedance of the boundary parameters recorded under §61.139(i)(6) and a brief descrip- tion of the corrective action taken. (iii) For each vapor incinerator, the date and duration of each period speci- fied as follows: (A) Each period recorded under §61.139(i)(7)(i) when the vent stream is diverted from the control device or has no flow rate; (B) Each period recorded under §61.139(i)(7)(ii) when the vent stream is diverted from the control device; and (C) Each period recorded under §61.139(i)(7)(iii) when the vent stream is diverted from the control device, when the car seal is broken, when the valve is unlocked, or when the valve position has changed. (iv) For each vapor incinerator, the owner or operator shall specify the method of monitoring chosen under paragraph (f)(2) of this section in the first semiannual report. Any time the owner or operator changes that choice, he shall specify the change in the first semiannual report following the change. [56 FR 47407, Sept. 19, 1991, as amended at 64 FR 7467, Feb. 12, 1999; 65 FR 62157, Oct. 17, 2000] Subpart M—National Emission Standard for Asbestos AUTHORITY: 42 U.S.C. 7401, 7412, 7414, 7416, 7601. SOURCE: 49 FR 13661, Apr. 5, 1984, unless otherwise noted. §61.140 Applicability. The provisions of this subpart are ap- plicable to those sources specified in §§61.142 through 61.151, 61.154, and 61.155. [55 FR 48414, Nov. 20, 1990] VerDate Jul<19>2002 12:51 Jul 26, 2002 Jkt 197144 PO 00000 Frm 00090 Fmt 8010 Sfmt 8010 Y:\SGML\197144T.XXX pfrm15 PsN: 197144T 91 Environmental Protection Agency §61.141 §61.141 Definitions. All terms that are used in this sub- part and are not defined below are given the same meaning as in the Act and in subpart A of this part. Active waste disposal site means any disposal site other than an inactive site. Adequately wet means sufficiently mix or penetrate with liquid to prevent the release of particulates. If visible emissions are observed coming from as- bestos-containing material, then that material has not been adequately wet- ted. However, the absence of visible emissions is not sufficient evidence of being adequately wet. Asbestos means the asbestiform vari- eties of serpentinite (chrysotile), rie- beckite (crocidolite), cummingtonite- grunerite, anthophyllite, and actino- lite-tremolite. Asbestos-containing waste materials means mill tailings or any waste that contains commercial asbestos and is generated by a source subject to the provisions of this subpart. This term includes filters from control devices, friable asbestos waste material, and bags or other similar packaging con- taminated with commercial asbestos. As applied to demolition and renova- tion operations, this term also includes regulated asbestos-containing material waste and materials contaminated with asbestos including disposable equipment and clothing. Asbestos mill means any facility en- gaged in converting, or in any inter- mediate step in converting, asbestos ore into commercial asbestos. Outside storage of asbestos material is not con- sidered a part of the asbestos mill. Asbestos tailings means any solid waste that contains asbestos and is a product of asbestos mining or milling operations. Asbestos waste from control devices means any waste material that con- tains asbestos and is collected by a pol- lution control device. Category I nonfriable asbestos-con- taining material (ACM) means asbestos- containing packings, gaskets, resilient floor covering, and asphalt roofing products containing more than 1 per- cent asbestos as determined using the method specified in appendix E, sub- part E, 40 CFR part 763, section 1, Po- larized Light Microscopy. Category II nonfriable ACM means any material, excluding Category I nonfri- able ACM, containing more than 1 per- cent asbestos as determined using the methods specified in appendix E, sub- part E, 40 CFR part 763, section 1, Po- larized Light Microscopy that, when dry, cannot be crumbled, pulverized, or reduced to powder by hand pressure. Commercial asbestos means any mate- rial containing asbestos that is ex- tracted from ore and has value because of its asbestos content. Cutting means to penetrate with a sharp-edged instrument and includes sawing, but does not include shearing, slicing, or punching. Demolition means the wrecking or taking out of any load-supporting structural member of a facility to- gether with any related handling oper- ations or the intentional burning of any facility. Emergency renovation operation means a renovation operation that was not planned but results from a sudden, un- expected event that, if not imme- diately attended to, presents a safety or public health hazard, is necessary to protect equipment from damage, or is necessary to avoid imposing an unrea- sonable financial burden. This term in- cludes operations necessitated by non- routine failures of equipment. Fabricating means any processing (e.g., cutting, sawing, drilling) of a manufactured product that contains commercial asbestos, with the excep- tion of processing at temporary sites (field fabricating) for the construction or restoration of facilities. In the case of friction products, fabricating in- cludes bonding, debonding, grinding, sawing, drilling, or other similar oper- ations performed as part of fabricating. Facility means any institutional, commercial, public, industrial, or resi- dential structure, installation, or building (including any structure, in- stallation, or building containing con- dominiums 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, VerDate Jul<19>2002 12:51 Jul 26, 2002 Jkt 197144 PO 00000 Frm 00091 Fmt 8010 Sfmt 8010 Y:\SGML\197144T.XXX pfrm15 PsN: 197144T 92 40 CFR Ch. I (7–1–02 Edition)§61.141 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 per- cent asbestos as determined using the method specified in appendix E, sub- part E, 40 CFR part 763, section 1, Po- larized Light Microscopy, that, when dry, can be crumbled, pulverized, or re- duced to powder by hand pressure. If the asbestos content is less than 10 per- cent 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 pol- lution control device. Glove bag means a sealed compart- ment 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. Informa- tion on glove-bag installation, equip- ment and supplies, and work practices is contained in the Occupational Safety and Health Administration’s (OSHA’s) final rule on occupational exposure to asbestos (appendix G to 29 CFR 1926.58). Grinding means to reduce to powder or small fragments and includes me- chanical chipping or drilling. In poor condition means the binding of the material is losing its integrity as indicated by peeling, cracking, or crumbling of the material. Inactive waste disposal site means any disposal site or portion of it where ad- ditional asbestos-containing waste ma- terial has not been deposited within the past year. Installation means any building or structure or any group of buildings or structures at a single demolition or renovation site that are under the con- trol of the same owner or operator (or owner or operator under common con- trol). Leak-tight means that solids or liq- uids cannot escape or spill out. It also means dust-tight. Malfunction means any sudden and unavoidable failure of air pollution control equipment or process equip- ment or of a process to operate in a normal or usual manner so that emis- sions of asbestos are increased. Fail- ures of equipment shall not be consid- ered malfunctions if they are caused in any way by poor maintenance, careless operation, or any other preventable upset conditions, equipment break- down, or process failure. Manufacturing means the combining of commercial asbestos—or, in the case of woven friction products, the com- bining of textiles containing commer- cial asbestos—with any other mate- rial(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 ob- ject that effectively precludes or deters access. Natural barriers include phys- ical obstacles such as cliffs, lakes or other large bodies of water, deep and wide ravines, and mountains. Remote- ness by itself is not a natural barrier. Nonfriable asbestos-containing material means any material containing more than 1 percent asbestos as determined using the method specified in appendix E, subpart E, 40 CFR part 763, section 1, Polarized Light Microscopy, that, when dry, cannot be crumbled, pulverized, or reduced to powder by hand pressure. Nonscheduled renovation operation means a renovation operation neces- sitated by the routine failure of equip- ment, which is expected to occur with- in a given period based on past oper- ating experience, but for which an exact date cannot be predicted. Outside air means the air outside buildings and structures, including, but not limited to, the air under a bridge or in an open air ferry dock. Owner or operator of a demolition or renovation activity means any person who owns, leases, operates, controls, or supervises the facility being demol- ished or renovated or any person who owns, leases, operates, controls, or su- pervises the demolition or renovation operation, or both. VerDate Jul<19>2002 12:51 Jul 26, 2002 Jkt 197144 PO 00000 Frm 00092 Fmt 8010 Sfmt 8010 Y:\SGML\197144T.XXX pfrm15 PsN: 197144T 93 Environmental Protection Agency §61.142 Particulate asbestos material means finely divided particles of asbestos or material containing asbestos. Planned renovation operations means a renovation operation, or a number of such operations, in which some RACM will be removed or stripped within a given period of time and that can be predicted. Individual nonscheduled op- erations 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 ma- terial, (b) Category I nonfriable ACM that has become friable, (c) Category I nonfriable ACM that will be or has been subjected to sanding, grinding, cutting, or abrading, or (d) Category II nonfriable ACM that has a high prob- ability of becoming or has become crumbled, pulverized, or reduced to powder by the forces expected to act on the material in the course of demoli- tion 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 re- moval of RACM from a facility compo- nent. Operations in which load-sup- porting structural members are wrecked or taken out are demolitions. Resilient floor covering means asbes- tos-containing floor tile, including as- phalt and vinyl floor tile, and sheet vinyl floor covering containing more than 1 percent asbestos as determined using polarized light microscopy ac- cording to the method specified in ap- pendix E, subpart E, 40 CFR part 763, section 1, Polarized Light Microscopy. Roadways means surfaces on which vehicles travel. This term includes public and private highways, roads, streets, parking areas, and driveways. Strip means to take off RACM from any part of a facility or facility compo- nents. Structural member means any load- supporting member of a facility, such as beams and load supporting walls; or any nonload-supporting member, such as ceilings and nonload-supporting walls. Visible emissions means any emissions, which are visually detectable without the aid of instruments, coming from RACM or asbestos-containing waste material, or from any asbestos milling, manufacturing, or fabricating oper- ation. 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 ship- ping document, required to be origi- nated and signed by the waste gener- ator, used to track and substantiate the disposition of asbestos-containing waste material. Working day means Monday through Friday and includes holidays that fall on any of the days Monday through Friday. [49 FR 13661, Apr. 5, 1984; 49 FR 25453, June 21, 1984, as amended by 55 FR 48414, Nov. 20, 1990; 56 FR 1669, Jan. 16, 1991; 60 FR 31920, June 19, 1995] §61.142 Standard for asbestosmills. (a) Each owner or operator of an as- bestos mill shall either discharge no visible emissions to the outside air from that asbestos mill, including fugi- tive sources, or use the methods speci- fied by §61.152 to clean emissions con- taining particulate asbestos material before they escape to, or are vented to, the outside air. (b) Each owner or operator of an as- bestos mill shall meet the following re- quirements: (1) Monitor each potential source of asbestos emissions from any part of the mill facility, including air cleaning de- vices, 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 dur- ing periods of operation. The moni- toring shall be by visual observation of at least 15 seconds duration per source of emissions. (2) Inspect each air cleaning device at least once each week for proper oper- ation and for changes that signal the potential for malfunction, including, to the maximum extent possible without dismantling other than opening the de- vice, the presence of tears, holes, and VerDate Jul<19>2002 12:51 Jul 26, 2002 Jkt 197144 PO 00000 Frm 00093 Fmt 8010 Sfmt 8010 Y:\SGML\197144T.XXX pfrm15 PsN: 197144T 94 40 CFR Ch. I (7–1–02 Edition)§61.142 abrasions in filter bags and for dust de- posits on the clean side of bags. For air cleaning devices that cannot be in- spected on a weekly basis according to this paragraph, submit to the Adminis- trator, and revise as necessary, a writ- ten 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 for- mat 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, in- cluding presence of any tears, holes, and abrasions. (iv) Presence of dust deposits on clean side of fabric filters. (v) Brief description of corrective ac- tions 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 re- quired under this section. (5) Retain a copy of all monitoring and inspection records for at least 2 years. (6) Submit semiannually a copy of visible emission monitoring records to the Administrator if visible emissions occurred during the report period. Semiannual reports shall be post- marked by the 30th day following the end of the six-month period. VerDate Jul<19>2002 12:51 Jul 26, 2002 Jkt 197144 PO 00000 Frm 00094 Fmt 8010 Sfmt 8010 Y:\SGML\197144T.XXX pfrm15 PsN: 197144T 95 Environmental Protection Agency §61.142 VerDate Jul<19>2002 12:51 Jul 26, 2002 Jkt 197144 PO 00000 Frm 00095 Fmt 8010 Sfmt 8006 Y:\SGML\197144T.XXX pfrm15 PsN: 197144T EC01MY92.000</GPH> 96 40 CFR Ch. I (7–1–02 Edition)§61.143 [55 FR 48416, Nov. 20, 1990, as amended at 64 FR 7467, Feb. 12, 1999] §61.143 Standard for roadways. No person may construct or maintain a roadway with asbestos tailings or as- bestos-containing waste material on that roadway, unless, for asbestos tailings. VerDate Jul<19>2002 12:51 Jul 26, 2002 Jkt 197144 PO 00000 Frm 00096 Fmt 8010 Sfmt 8010 Y:\SGML\197144T.XXX pfrm15 PsN: 197144T EC01MY92.001</GPH> 97 Environmental Protection Agency §61.144 (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 encap- sulated with a resinous or bituminous binder. The encapsulated road surface must be maintained at a minimum fre- quency of once per year to prevent dust emissions; or (c) It is encapsulated in asphalt con- crete meeting the specifications con- tained in section 401 of Standard Speci- fications for Construction of Roads and Bridges on Federal Highway Projects, FP–85, 1985, or their equivalent. [55 FR 48419, Nov. 20, 1990; 56 FR 1669, Jan. 16, 1991] §61.144 Standard for manufacturing. (a) Applicability. This section applies to the following manufacturing oper- ations using commercial asbestos. (1) The manufacture of cloth, cord, wicks, tubing, tape, twine, rope, thread, yarn, roving, lap, or other tex- tile materials. (2) The manufacture of cement prod- ucts. (3) The manufacture of fireproofing and insulating materials. (4) The manufacture of friction prod- ucts. (5) The manufacture of paper, mill- board, and felt. (6) The manufacture of floor tile. (7) The manufacture of paints, coat- ings, caulks, adhesives, and sealants. (8) The manufacture of plastics and rubber materials. (9) The manufacture of chlorine uti- lizing asbestos diaphragm technology. (10) The manufacture of shotgun shell wads. (11) The manufacture of asphalt con- crete. (b) Standard. Each owner or operator of any of the manufacturing operations to which this section applies shall ei- ther: (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 as- bestos 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 proc- essing and handling equipment, at least once each day during daylight hours for visible emissions to the out- side air during periods of operation. The monitoring shall be by visual ob- servation of at least 15 seconds dura- tion per source of emissions. (4) Inspect each air cleaning device at least once each week for proper oper- ation and for changes that signal the potential for malfunctions, including, to the maximum extent possible with- out dismantling other than opening the device, the presence of tears, holes, and abrasions in filter bags and for dust de- posits on the clean side of bags. For air cleaning devices that cannot be in- spected on a weekly basis according to this paragraph, submit to the Adminis- trator, and revise as necessary, a writ- ten 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 for- mat 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, in- cluding presence of any tears, holes and abrasions. (iv) Presence of dust deposits on clean side of fabric filters. (v) Brief description of corrective ac- tions 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 re- quired under this section. (7) Retain a copy of all monitoring and inspection records for at least 2 years. (8) Submit semiannually a copy of the visible emission monitoring records to the Administrator if visible VerDate Jul<19>2002 12:51 Jul 26, 2002 Jkt 197144 PO 00000 Frm 00097 Fmt 8010 Sfmt 8010 Y:\SGML\197144T.XXX pfrm15 PsN: 197144T 98 40 CFR Ch. I (7–1–02 Edition)§61.145 emission occurred during the report pe- riod. Semiannual reports shall be post- marked by the 30th day following the end of the six-month period. [49 FR 13661, Apr. 5, 1984, as amended at 55 FR 48419, Nov. 20, 1990; 56 FR 1669, Jan. 16, 1991; 64 FR 7467, Feb. 12, 1999] §61.145 Standard for demolition and renovation. (a) Applicability. To determine which requirements of paragraphs (a), (b), and (c) of this section apply to the owner or operator of a demolition or renovation activity and prior to the commence- ment of the demolition or renovation, thoroughly inspect the affected facility or part of the facility where the demo- lition or renovation operation will occur for the presence of asbestos, in- cluding Category I and Category II nonfriable ACM. The requirements of paragraphs (b) and (c) of this section apply to each owner or operator of a demolition or renovation activity, in- cluding the removal of RACM as fol- lows: (1) In a facility being demolished, all the requirements of paragraphs (b) and (c) of this section apply, except as pro- vided in paragraph (a)(3) of this sec- tion, if the combined amount of RACM is (i) At least 80 linear meters (260 lin- ear feet) on pipes or at least 15 square meters (160 square feet) on other facil- ity components, or (ii) At least 1 cubic meter (35 cubic feet) off facility components where the length or area could not be measured previously. (2) In a facility being demolished, only the notification requirements of paragraphs (b)(1), (2), (3)(i) and (iv), and (4)(i) through (vii) and (4)(ix) and (xvi) of this section apply, if the combined amount of RACM is (i) Less than 80 linear meters (260 lin- ear feet) on pipes and less than 15 square meters (160 square feet) on other facility components, and (ii) Less than one cubic meter (35 cubic feet) off facility components where the length or area could not be measured previously or there is no as- bestos. (3) If the facility is being demolished under an order of a State or local gov- ernment agency, issued because the fa- cility 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, in- cluding any individual nonscheduled renovation operation, all the require- ments of paragraphs (b) and (c) of this section apply if the combined amount of RACM to be stripped, removed, dis- lodged, cut, drilled, or similarly dis- turbed is (i) At least 80 linear meters (260 lin- ear feet) on pipes or at least 15 square meters (160 square feet) on other facil- ity components, or (ii) At least 1 cubic meter (35 cubic feet) off facility components where the length or area could not be measured previously. (iii) To determine whether paragraph (a)(4) of this section applies to planned renovation operations involving indi- vidual nonscheduled operations, pre- dict the combined additive amount of RACM to be removed or stripped dur- ing a calendar year of January 1 through December 31. (iv) To determine whether paragraph (a)(4) of this section applies to emer- gency renovation operations, estimate the combined amount of RACM to be removed or stripped as a result of the sudden, unexpected event that neces- sitated the renovation. (5) Owners or operators of demolition and renovation operations are exempt from the requirements of §§61.05(a), 61.07, and 61.09. (b) Notification requirements. Each owner or operator of a demolition or renovation activity to which this sec- tion applies shall: (1) Provide the Administrator with written notice of intention to demolish or renovate. Delivery of the notice by U.S. Postal Service, commercial deliv- ery service, or hand delivery is accept- able. (2) Update notice, as necessary, in- cluding when the amount of asbestos affected changes by at least 20 percent. (3) Postmark or deliver the notice as follows: (i) At least 10 working days before as- bestos stripping or removal work or any other activity begins (such as site VerDate Jul<19>2002 12:51 Jul 26, 2002 Jkt 197144 PO 00000 Frm 00098 Fmt 8010 Sfmt 8010 Y:\SGML\197144T.XXX pfrm15 PsN: 197144T 99 Environmental Protection Agency §61.145 preparation that would break up, dis- lodge or similarly disturb asbestos ma- terial), 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 para- graph (a)(2) of this section, notification is required 10 working days before dem- olition begins. (ii) At least 10 working days before the end of the calendar year preceding the year for which notice is being given for renovations described in paragraph (a)(4)(iii) of this section. (iii) As early as possible before, but not later than, the following working day if the operation is a demolition or- dered according to paragraph (a)(3) of this section or, if the operation is a renovation described in paragraph (a)(4)(iv) of this section. (iv) For asbestos stripping or removal work in a demolition or renovation op- eration, described in paragraphs (a) (1) and (4) (except (a)(4)(iii) and (a)(4)(iv)) of this section, and for a demolition de- scribed in paragraph (a)(2) of this sec- tion, that will begin on a date other than the one contained in the original notice, notice of the new start date must be provided to the Administrator as follows: (A) When the asbestos stripping or removal operation or demolition oper- ation covered by this paragraph will begin after the date contained in the notice, (1) Notify the Administrator of the new start date by telephone as soon as possible before the original start date, and (2) Provide the Administrator with a written notice of the new start date as soon as possible before, and no later than, the original start date. Delivery of the updated notice by the U.S. Post- al Service, commercial delivery serv- ice, or hand delivery is acceptable. (B) When the asbestos stripping or re- moval operation or demolition oper- ation covered by this paragraph will begin on a date earlier than the origi- nal start date, (1) Provide the Administrator with a written notice of the new start date at least 10 working days before asbestos stripping or removal work begins. (2) For demolitions covered by para- graph (a)(2) of this section, provide the Administrator written notice of a new start date at least 10 working days be- fore commencement of demolition. De- livery 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 no- tice: (i) An indication of whether the no- tice is the original or a revised notifi- cation. (ii) Name, address, and telephone number of both the facility owner and operator and the asbestos removal con- tractor owner or operator. (iii) Type of operation: demolition or renovation. (iv) Description of the facility or af- fected 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 pres- ence of RACM and Category I and Cat- egory II nonfriable ACM. (vi) Estimate of the approximate amount of RACM to be removed from the facility in terms of length of pipe in linear meters (linear feet), surface area in square meters (square feet) on other facility components, or volume in cubic meters (cubic feet) if off the facility components. Also, estimate the approximate amount of Category I and Category II nonfriable ACM in the af- fected part of the facility that will not be removed before demolition. (vii) Location and street address (in- cluding building number or name and floor or room number, if appropriate), city, county, and state, of the facility being demolished or renovated. (viii) Scheduled starting and comple- tion dates of asbestos removal work (or any other activity, such as site prepa- ration that would break up, dislodge, or similarly disturb asbestos material) in a demolition or renovation; planned renovation operations involving indi- vidual nonscheduled operations shall only include the beginning and ending dates of the report period as described in paragraph (a)(4)(iii) of this section. VerDate Jul<19>2002 12:51 Jul 26, 2002 Jkt 197144 PO 00000 Frm 00099 Fmt 8010 Sfmt 8010 Y:\SGML\197144T.XXX pfrm15 PsN: 197144T 100 40 CFR Ch. I (7–1–02 Edition)§61.145 (ix) Scheduled starting and comple- tion dates of demolition or renovation. (x) Description of planned demolition or renovation work to be performed and method(s) to be employed, includ- ing demolition or renovation tech- niques to be used and description of af- fected facility components. (xi) Description of work practices and engineering controls to be used to com- ply with the requirements of this sub- part, including asbestos removal and waste-handling emission control proce- dures. (xii) Name and location of the waste disposal site where the asbestos-con- taining waste material will be depos- ited. (xiii) A certification that at least one person trained as required by para- graph (c)(8) of this section will super- vise the stripping and removal de- scribed by this notification. This re- quirement shall become effective 1 year after promulgation of this regula- tion. (xiv) For facilities described in para- graph (a)(3) of this section, the name, title, and authority of the State or local government representative who has ordered the demolition, the date that the order was issued, and the date on which the demolition was ordered to begin. A copy of the order shall be at- tached to the notification. (xv) For emergency renovations de- scribed 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 equip- ment damage or an unreasonable finan- cial burden. (xvi) Description of procedures to be followed in the event that unexpected RACM is found or Category II nonfri- able ACM becomes crumbled, pulver- ized, or reduced to powder. (xvii) Name, address, and telephone number of the waste transporter. (5) The information required in para- graph (b)(4) of this section must be re- ported using a form similiar to that shown in Figure 3. (c) Procedures for asbestos emission control. Each owner or operator of a demolition or renovation activity to whom this paragraph applies, accord- ing to paragraph (a) of this section, shall comply with the following proce- dures: (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 ma- terial for subsequent removal. RACM need not be removed before demolition if: (i) It is Category I nonfriable ACM that is not in poor condition and is not friable. (ii) It is on a facility component that is encased in concrete or other simi- larly hard material and is adequately wet whenever exposed during demoli- tion; 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 sec- tion to the floor and to ground level, not dropping, throwing, sliding, or oth- erwise damaging or disturbing the RACM. (3) When RACM is stripped from a fa- cility component while it remains in place in the facility, adequately wet the RACM during the stripping oper- ation. (i) In renovation operations, wetting is not required if: (A) The owner or operator has ob- tained prior written approval from the Administrator based on a written ap- plication that wetting to comply with VerDate Jul<19>2002 12:51 Jul 26, 2002 Jkt 197144 PO 00000 Frm 00100 Fmt 8010 Sfmt 8010 Y:\SGML\197144T.XXX pfrm15 PsN: 197144T 101 Environmental Protection Agency §61.145 this paragraph would unavoidably dam- age equipment or present a safety haz- ard; and (B) The owner or operator uses of the following emission control methods: (1) A local exhaust ventilation and collection system designed and oper- ated to capture the particulate asbes- tos material produced by the stripping and removal of the asbestos materials. The system must exhibit no visible emissions to the outside air or be de- signed and operated in accordance with the requirements in §61.152. (2) A glove-bag system designed and operated to contain the particulate as- bestos material produced by the strip- ping of the asbestos materials. (3) Leak-tight wrapping to contain all RACM prior to dismantlement. (ii) In renovation operations where wetting would result in equipment damage or a safety hazard, and the methods allowed in paragraph (c)(3)(i) of this section cannot be used, another method may be used after obtaining written approval from the Adminis- trator based upon a determination that it is equivalent to wetting in control- ling emissions or to the methods al- lowed in paragraph (c)(3)(i) of this sec- tion. (iii) A copy of the Administrator’s written approval shall be kept at the worksite and made available for in- spection. (4) After a facility component cov- ered with, coated with, or containing RACM has been taken out of the facil- ity 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 para- graph (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 op- erated to capture the particulate asbes- tos material produced by the stripping. The system must exhibit no visible emissions to the outside air or be de- signed and operated in accordance with the requirements in §61.152. (5) For large facility components such as reactor vessels, large tanks, and steam generators, but not beams (which must be handled in accordance with paragraphs (c)(2), (3), and (4) of this section), the RACM is not required to be stripped if the following require- ments are met: (i) The component is removed, trans- ported, 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 la- beled according to §61.149(d)(1)(i), (ii), and (iii) during all loading and unload- ing 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 col- lected and contained or treated in prep- aration for disposal in accordance with §61.150; and (ii) Carefully lower the material to the ground and floor, not dropping, throwing, sliding, or otherwise dam- aging or disturbing the material. (iii) Transport the material to the ground via leak-tight chutes or con- tainers if it has been removed or stripped more than 50 feet above ground level and was not removed as units or in sections. (iv) RACM contained in leak-tight wrapping that has been removed in ac- cordance with paragraphs (c)(4) and (c)(3)(i)(B)(3) of this section need not be wetted. (7) When the temperature at the point of wetting is below 0 °C (32 °F): (i) The owner or operator need not comply with paragraph (c)(2)(i) and the wetting provisions of paragraph (c)(3) of this section. (ii) The owner or operator shall re- move facility components containing, coated with, or covered with RACM as units or in sections to the maximum extent possible. (iii) During periods when wetting op- erations are suspended due to freezing temperatures, the owner or operator must record the temperature in the area containing the facility compo- nents at the beginning, middle, and end of each workday and keep daily tem- perature records available for inspec- tion by the Administrator during nor- mal business hours at the demolition VerDate Jul<19>2002 12:51 Jul 26, 2002 Jkt 197144 PO 00000 Frm 00101 Fmt 8010 Sfmt 8010 Y:\SGML\197144T.XXX pfrm15 PsN: 197144T 102 40 CFR Ch. I (7–1–02 Edition)§61.145 or renovation site. The owner or oper- ator shall retain the temperature records for at least 2 years. (8) Effective 1 year after promulga- tion of this regulation, no RACM shall be stripped, removed, or otherwise han- dled or disturbed at a facility regulated by this section unless at least one on- site representative, such as a foreman or management-level person or other authorized representative, trained in the provisions of this regulation and the means of complying with them, is present. Every 2 years, the trained on- site individual shall receive refresher training in the provisions of this regu- lation. The required training shall in- clude as a minimum: applicability; no- tifications; material identification; control procedures for removals includ- ing, at least, wetting, local exhaust ventilation, negative pressure enclo- sures, glove-bag procedures, and High Efficiency Particulate Air (HEPA) fil- ters; waste disposal work practices; re- porting and recordkeeping; and asbes- tos hazards and worker protection. Evi- dence that the required training has been completed shall be posted and made available for inspection by the Administrator at the demolition or renovation site. (9) For facilities described in para- graph (a)(3) of this section, adequately wet the portion of the facility that contains RACM during the wrecking operation. (10) If a facility is demolished by in- tentional burning, all RACM including Category I and Category II nonfriable ACM must be removed in accordance with the NESHAP before burning. VerDate Jul<19>2002 12:51 Jul 26, 2002 Jkt 197144 PO 00000 Frm 00102 Fmt 8010 Sfmt 8010 Y:\SGML\197144T.XXX pfrm15 PsN: 197144T 103 Environmental Protection Agency §61.145 VerDate Jul<19>2002 12:51 Jul 26, 2002 Jkt 197144 PO 00000 Frm 00103 Fmt 8010 Sfmt 8006 Y:\SGML\197144T.XXX pfrm15 PsN: 197144T EC01MY92.002</GPH> 104 40 CFR Ch. I (7–1–02 Edition)§61.146 [55 FR 48419, Nov. 20, 1990; 56 FR 1669, Jan. 16, 1991] §61.146 Standard for spraying. The owner or operator of an oper- ation in which asbestos-containing ma- terials are spray applied shall comply with the following requirements: (a) For spray-on application on build- ings, structures, pipes, and conduits, do VerDate Jul<19>2002 12:51 Jul 26, 2002 Jkt 197144 PO 00000 Frm 00104 Fmt 8010 Sfmt 8010 Y:\SGML\197144T.XXX pfrm15 PsN: 197144T EC01MY92.003</GPH> 105 Environmental Protection Agency §61.147 not use material containing more than 1 percent asbestos as determined using the method specified in appendix E, subpart E, 40 CFR part 763, section 1, Polarized Light Microscopy, except as provided in paragraph (c) of this sec- tion. (b) For spray-on application of mate- rials that contain more than 1 percent asbestos as determined using the meth- od specified in appendix E, subpart E, 40 CFR part 763, section 1, Polarized Light Microscopy, on equipment and machinery, except as provided in para- graph (c) of this section: (1) Notify the Administrator at least 20 days before beginning the spraying operation. Include the following infor- mation in the notice: (i) Name and address of owner or op- erator. (ii) Location of spraying operation. (iii) Procedures to be followed to meet the requirements of this para- graph. (2) Discharge no visible emissions to the outside air from spray-on applica- tion of the asbestos-containing mate- rial 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. (c) The requirements of paragraphs (a) and (b) of this section do not apply to the spray-on application of mate- rials where the asbestos fibers in the materials are encapsulated with a bitu- minous or resinous binder during spraying and the materials are not fri- able after drying. (d) Owners or operators of sources subject to this paragraph are exempt from the requirements of §§61.05(a), 61.07 and 61.09. [49 FR 13661, Apr. 5, 1984. Redesignated and amended at 55 FR 48424, Nov. 20, 1990; 60 FR 31920, June 19, 1995] §61.147 Standard for fabricating. (a) Applicability. This section applies to the following fabricating operations using commercial asbestos: (1) The fabrication of cement build- ing products. (2) The fabrication of friction prod- ucts, except those operations that pri- marily install asbestos friction mate- rials on motor vehicles. (3) The fabrication of cement or sili- cate board for ventilation hoods; ovens; electrical panels; laboratory furniture, bulkheads, partitions, and ceilings for marine construction; and flow control devices for the molten metal industry. (b) Standard. Each owner or operator of any of the fabricating operations to which this section applies shall either: (1) Discharge no visible emissions to the outside air from any of the oper- ations or from any building or struc- ture in which they are conducted or from any other fugitive sources; or (2) Use the methods specified by §61.152 to clean emissions containing particulate asbestos material before they escape to, or are vented to, the outside air. (3) Monitor each potential source of asbestos emissions from any part of the fabricating facility, including air cleaning devices, process equipment, and buildings that house equipment for material processing and handling, at least once each day, during daylight hours, for visible emissions to the out- side air during periods of operation. The monitoring shall be by visual ob- servation of at least 15 seconds dura- tion per source of emissions. (4) Inspect each air cleaning device at least once each week for proper oper- ation and for changes that signal the potential for malfunctions, including, to the maximum extent possible with- out dismantling other than opening the device, the presence of tears, holes, and abrasions in filter bags and for dust de- posits on the clean side of bags. For air cleaning devices that cannot be in- spected on a weekly basis according to this paragraph, submit to the Adminis- trator, and revise as necessary, a writ- ten 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 for- mat 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, in- cluding presence of any tears, holes, and abrasions. VerDate Jul<19>2002 12:51 Jul 26, 2002 Jkt 197144 PO 00000 Frm 00105 Fmt 8010 Sfmt 8010 Y:\SGML\197144T.XXX pfrm15 PsN: 197144T 106 40 CFR Ch. I (7–1–02 Edition)§61.148 (iv) Presence of dust deposits on clean side of fabric filters. (v) Brief description of corrective ac- tions 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 re- quired under this section. (7) Retain a copy of all monitoring and inspection records for at least 2 years. (8) Submit semiannually a copy of the visible emission monitoring records to the Administrator if visible emission occurred during the report pe- riod. Semiannual reports shall be post- marked by the 30th day following the end of the six-month period. [49 FR 13661, Apr. 5, 1984. Redesignated and amended at 55 FR 48424, Nov. 20, 1991; 64 FR 7467, Feb. 12, 1999] §61.148 Standard for insulating mate- rials. No owner or operator of a facility may install or reinstall on a facility component any insulating materials that contain commercial asbestos if the materials are either molded and friable or wet-applied and friable after drying. The provisions of this section do not apply to spray-applied insu- lating materials regulated under §61.146. [55 FR 48424, Nov. 20, 1990] §61.149 Standard for waste disposal for asbestos mills. Each owner or operator of any source covered under the provisions of §61.142 shall: (a) Deposit all asbestos-containing waste material at a waste disposal site operated in accordance with the provi- sions of §61.154; and (b) Discharge no visible emissions to the outside air from the transfer of control device asbestos waste to the tailings conveyor, or use the methods specified by §61.152 to clean emissions containing particulate asbestos mate- rial before they escape to, or are vent- ed to, the outside air. Dispose of the as- bestos 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 trans- porting of any asbestos-containing waste material, or use one of the dis- posal methods specified in paragraphs (c) (1) or (2) of this section, as follows: (1) Use a wetting agent as follows: (i) Adequately mix all asbestos-con- taining waste material with a wetting agent recommended by the manufac- turer of the agent to effectively wet dust and tailings, before depositing the material at a waste disposal site. Use the agent as recommended for the par- ticular dust by the manufacturer of the agent. (ii) Discharge no visible emissions to the outside air from the wetting oper- ation 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 meas- urement method with an accuracy of ±1 °C (±2 °F). During periods when wetting operations are suspended, the tempera- ture must be recorded at least at hour- ly intervals, and records must be re- tained for at least 2 years in a form suitable for inspection. (2) Use an alternative emission con- trol and waste treatment method that has received prior written approval by the Administrator. To obtain approval for an alternative method, a written application must be submitted to the Administrator demonstrating that the following criteria are met: (i) The alternative method will con- trol asbestos emissions equivalent to currently required methods. (ii) The suitability of the alternative method for the intended application. (iii) The alternative method will not violate other regulations. (iv) The alternative method will not result in increased water pollution, land pollution, or occupational haz- ards. (d) When waste is transported by ve- hicle to a disposal site: (1) Mark vehicles used to transport asbestos-containing waste material during the loading and unloading of the VerDate Jul<19>2002 12:51 Jul 26, 2002 Jkt 197144 PO 00000 Frm 00106 Fmt 8010 Sfmt 8010 Y:\SGML\197144T.XXX pfrm15 PsN: 197144T 107 Environmental Protection Agency §61.149 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 × 36 cm (20 in × 14 in) upright for- mat signs specified in 29 CFR 1910.145(d)(4) and this paragraph; and (iii) Display the following legend in the lower panel with letter sizes and styles of a visibility at least equal to those specified in this paragraph. Legend DANGER ASBESTOS DUST HAZARD CANCER AND LUNG DISEASE HAZARD Authorized Personnel Only Notation 2.5 cm (1 inch) Sans Serif, Gothic or Block 2.5 cm (1 inch) Sans Serif, Gothic or Block 1.9 cm (3⁄4 inch) Sans Serif, Gothic or Block 14 Point Gothic Spacing between any two lines must be a least equal to the height of the upper of the two lines. (2) For off-site disposal, provide a copy of the waste shipment record, de- scribed in paragraph (e)(1) of this sec- tion, to the disposal site owner or oper- ator 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 fol- lowing information: (i) The name, address, and telephone number of the waste generator. (ii) The name and address of the local, State, or EPA Regional agency responsible for administering the as- bestos NESHAP program. (iii) The quantity of the asbestos- containing waste material in cubic me- ters (cubic yards). (iv) The name and telephone number of the disposal site operator. (v) The name and physical site loca- tion of the disposal site. (vi) The date transported. (vii) The name, address, and tele- phone number of the transporter(s). (viii) A certification that the con- tents of this consignment are fully and accurately described by proper ship- ping name and are classified, packed, marked, and labeled, and are in all re- spects in proper condition for transport by highway according to applicable international and government regula- tions. (2) For waste shipments where a copy of the waste shipment record, signed by the owner or operator of the designated disposal site, is not received by the waste generator within 35 days of the date the waste was accepted by the ini- tial transporter, contact the trans- porter and/or the owner or operator of the designated disposal site to deter- mine the status of the waste shipment. (3) Report in writing to the local, State, or EPA Regional office respon- sible for administering the asbestos NESHAP program for the waste gener- ator 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 in- formation: (i) A copy of the waste shipment record for which a confirmation of de- livery 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 ship- ment 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 Admin- istrator, all records required under this section. VerDate Jul<19>2002 12:51 Jul 26, 2002 Jkt 197144 PO 00000 Frm 00107 Fmt 8010 Sfmt 8010 Y:\SGML\197144T.XXX pfrm15 PsN: 197144T 108 40 CFR Ch. I (7–1–02 Edition)§61.149 VerDate Jul<19>2002 12:51 Jul 26, 2002 Jkt 197144 PO 00000 Frm 00108 Fmt 8010 Sfmt 8006 Y:\SGML\197144T.XXX pfrm15 PsN: 197144T EC01MY92.004</GPH> 109 Environmental Protection Agency §61.149 VerDate Jul<19>2002 12:51 Jul 26, 2002 Jkt 197144 PO 00000 Frm 00109 Fmt 8010 Sfmt 8006 Y:\SGML\197144T.XXX pfrm15 PsN: 197144T EC01MY92.005</GPH> 110 40 CFR Ch. I (7–1–02 Edition)§61.150 §61.150 Standard for waste disposal for manufacturing, fabricating, demolition, renovation, and spray- ing operations. Each owner or operator of any source covered under the provisions of §§61.144, 61.145, 61.146, and 61.147 shall comply with the following provisions: (a) Discharge no visible emissions to the outside air during the collection, processing (including incineration), packaging, or transporting of any as- bestos-containing waste material gen- erated by the source, or use one of the emission control and waste treatment methods specified in paragraphs (a) (1) through (4) of this section. (1) Adequately wet asbestos-con- taining waste material as follows: (i) Mix control device asbestos waste to form a slurry; adequately wet other asbestos-containing waste material; and (ii) Discharge no visible emissions to the outside air from collection, mixing, wetting, and handling operations, or use the methods specified by §61.152 to clean emissions containing particulate asbestos material before they escape to, or are vented to, the outside air; and (iii) After wetting, seal all asbestos- containing waste material in leak- tight containers while wet; or, for ma- terials that will not fit into containers without additional breaking, put mate- rials into leak-tight wrapping; and (iv) Label the containers or wrapped materials specified in paragraph (a)(1)(iii) of this section using warning labels specified by Occupational Safety and Health Standards of the Depart- ment of Labor, Occupational Safety and Health Administration (OSHA) under 29 CFR 1910.1001(j)(2) or 1926.58(k)(2)(iii). The labels shall be printed in letters of sufficient size and contrast so as to be readily visible and legible. (v) For asbestos-containing waste material to be transported off the facil- ity site, label containers or wrapped materials with the name of the waste generator and the location at which the waste was generated. VerDate Jul<19>2002 12:51 Jul 26, 2002 Jkt 197144 PO 00000 Frm 00110 Fmt 8010 Sfmt 8010 Y:\SGML\197144T.XXX pfrm15 PsN: 197144T EC01MY92.006</GPH> 111 Environmental Protection Agency §61.150 (2) Process asbestos-containing waste material into nonfriable forms as fol- lows: (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 incin- eration, or use the method specified by §61.152 to clean emissions containing particulate asbestos material before they escape to, or are vented to, the outside air. (3) For facilities demolished where the RACM is not removed prior to dem- olition according to §§61.145(c)(1) (i), (ii), (iii), and (iv) or for facilities de- molished according to §61.145(c)(9), ade- quately wet asbestos-containing waste material at all times after demolition and keep wet during handling and load- ing for transport to a disposal site. As- bestos-containing waste materials cov- ered 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 con- trol and waste treatment method that has received prior approval by the Ad- ministrator according to the procedure described in §61.149(c)(2). (5) As applied to demolition and ren- ovation, the requirements of paragraph (a) of this section do not apply to Cat- egory I nonfriable ACM waste and Cat- egory II nonfriable ACM waste that did not become crumbled, pulverized, or re- duced to powder. (b) All asbestos-containing waste ma- terial shall be deposited as soon as is practical by the waste generator at: (1) A waste disposal site operated in accordance with the provisions of §61.154, or (2) An EPA-approved site that con- verts RACM and asbestos-containing waste material into nonasbestos (as- bestos-free) material according to the provisions of §61.155. (3) The requirements of paragraph (b) of this section do not apply to Cat- egory I nonfriable ACM that is not RACM. (c) Mark vehicles used to transport asbestos-containing waste material during the loading and unloading of waste so that the signs are visible. The markings must conform to the require- ments 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 in- formation: (i) The name, address, and telephone number of the waste generator. (ii) The name and address of the local, State, or EPA Regional office re- sponsible for administering the asbes- tos NESHAP program. (iii) The approximate quantity in cubic meters (cubic yards). (iv) The name and telephone number of the disposal site operator. (v) The name and physical site loca- tion of the disposal site. (vi) The date transported. (vii) The name, address, and tele- phone number of the transporter(s). (viii) A certification that the con- tents of this consignment are fully and accurately described by proper ship- ping name and are classified, packed, marked, and labeled, and are in all re- spects in proper condition for transport by highway according to applicable international and government regula- tions. (2) Provide a copy of the waste ship- ment 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 ini- tial transporter, contact the trans- porter and/or the owner or operator of the designated disposal site to deter- mine the status of the waste shipment. (4) Report in writing to the local, State, or EPA Regional office respon- sible for administering the asbestos NESHAP program for the waste gener- ator 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 VerDate Jul<19>2002 12:51 Jul 26, 2002 Jkt 197144 PO 00000 Frm 00111 Fmt 8010 Sfmt 8010 Y:\SGML\197144T.XXX pfrm15 PsN: 197144T 112 40 CFR Ch. I (7–1–02 Edition)§61.151 was accepted by the initial transporter. Include in the report the following in- formation: (i) A copy of the waste shipment record for which a confirmation of de- livery was not received, and (ii) A cover letter signed by the waste generator explaining the efforts taken to locate the asbestos waste shipment and the results of those efforts. (5) Retain a copy of all waste ship- ment records, including a copy of the waste shipment record signed by the owner or operator of the designated waste disposal site, for at least 2 years. (e) Furnish upon request, and make available for inspection by the Admin- istrator, all records required under this section. [55 FR 48429, Nov. 20, 1990; 56 FR 1669, Jan. 16, 1991] §61.151 Standard for inactive waste disposal sites for asbestos mills and manufacturing and fabricating op- erations. Each owner or operator of any inac- tive waste disposal site that was oper- ated by sources covered under §61.142, 61.144, or 61.147 and received deposits of asbestos-containing waste material generated by the sources, shall: (a) Comply with one of the following: (1) Either discharge no visible emis- sions to the outside air from an inac- tive waste disposal site subject to this paragraph; or (2) Cover the asbestos-containing waste material with at least 15 centi- meters (6 inches) of compacted non- asbestos-containing material, and grow and maintain a cover of vegetation on the area adequate to prevent exposure of the asbestos-containing waste mate- rial. In desert areas where vegetation would be difficult to maintain, at least 8 additional centimeters (3 inches) of well-graded, nonasbestos crushed rock may be placed on top of the final cover instead of vegetation and maintained to prevent emissions; or (3) Cover the asbestos-containing waste material with at least 60 centi- meters (2 feet) of compacted nonasbest- os-containing material, and maintain it to prevent exposure of the asbestos- containing waste; or (4) For inactive waste disposal sites for asbestos tailings, a resinous or pe- troleum-based dust suppression agent that effectively binds dust to control surface air emissions may be used in- stead of the methods in paragraphs (a) (1), (2), and (3) of this section. Use the agent in the manner and frequency rec- ommended for the particular asbestos tailings by the manufacturer of the dust suppression agent to achieve and maintain dust control. Obtain prior written approval of the Administrator to use other equally effective dust sup- pression agents. For purposes of this paragraph, any used, spent, or other waste oil is not considered a dust sup- pression agent. (b) Unless a natural barrier ade- quately deters access by the general public, install and maintain warning signs and fencing as follows, or comply with paragraph (a)(2) or (a)(3) of this section. (1) Display warning signs at all en- trances and at intervals of 100 m (328 ft) or less along the property line of the site or along the perimeter of the sec- tions of the site where asbestos-con- taining waste material was deposited. The warning signs must: (i) Be posted in such a manner and lo- cation that a person can easily read the legend; and (ii) Conform to the requirements for 51 cm×36 cm (20″×14″) upright format signs specified in 29 CFR 1910.145(d)(4) and this paragraph; and (iii) Display the following legend in the lower panel with letter sizes and styles of a visibility at least equal to those specified in this paragraph. Legend Notation Asbestos Waste Disposal Site. 2.5 cm (1 inch) Sans Serif, Gothic or Block Do Not Create Dust ............... 1.9 cm (3⁄4 inch) Sans Serif, Gothic or Block Breathing Asbestos is Haz- ardous to Your Health. 14 Point Gothic. Spacing between any two lines must be at least equal to the height of the upper of the two lines. (2) Fence the perimeter of the site in a manner adequate to deter access by the general public. (3) When requesting a determination on whether a natural barrier ade- quately deters public access, supply in- formation enabling the Administrator VerDate Jul<19>2002 12:51 Jul 26, 2002 Jkt 197144 PO 00000 Frm 00112 Fmt 8010 Sfmt 8010 Y:\SGML\197144T.XXX pfrm15 PsN: 197144T 113 Environmental Protection Agency §61.152 to determine whether a fence or a nat- ural barrier adequately deters access by the general public. (c) The owner or operator may use an alternative control method that has re- ceived prior approval of the Adminis- trator rather than comply with the re- quirements of paragraph (a) or (b) of this section. (d) Notify the Administrator in writ- ing at least 45 days prior to excavating or otherwise disturbing any asbestos- containing waste material that has been deposited at a waste disposal site under this section, and follow the pro- cedures specified in the notification. If the excavation will begin on a date other than the one contained in the original notice, notice of the new start date must be provided to the Adminis- trator 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 comple- tion dates. (2) Reason for disturbing the waste. (3) Procedures to be used to control emissions during the excavation, stor- age, transport, and ultimate disposal of the excavated asbestos-containing waste material. If deemed necessary, the Administrator may require changes in the emission control procedures to be used. (4) Location of any temporary stor- age site and the final disposal site. (e) Within 60 days of a site becoming inactive and after the effective date of this subpart, record, in accordance with State law, a notation on the deed to the facility property and on any other instrument that would normally be examined during a title search; this notation will in perpetuity notify any potential purchaser of the property that: (1) The land has been used for the dis- posal of asbestos-containing waste ma- terial; (2) The survey plot and record of the location and quantity of asbestos-con- taining waste disposed of within the disposal site required in §61.154(f) have been filed with the Administrator; and (3) The site is subject to 40 CFR part 61, subpart M. [49 FR 13661, Apr. 5, 1984, as amended at 53 FR 36972, Sept. 23, 1988. Redesignated and amended at 55 FR 48429, Nov. 20, 1990] §61.152 Air-cleaning. (a) The owner or operator who uses air cleaning, as specified in §§61.142(a), 61.144(b)(2), 61.145(c)(3)(i)(B)(1), 61.145(c)(4)(ii), 61.145(c)(11)(i), 61.146(b)(2), 61.147(b)(2), 61.149(b), 61.149(c)(1)(ii), 61.150(a)(1)(ii), 61.150(a)(2)(ii), and 61.155(e) shall: (1) Use fabric filter collection de- vices, except as noted in paragraph (b) of this section, doing all of the fol- lowing: (i) Ensuring that the airflow perme- ability, as determined by ASTM Meth- od D737–75, does not exceed 9 m3/min/m2 (30 ft3/min/ft2) for woven fabrics or 113/ min/m2(35 ft3/min/ft2) for felted fabrics, except that 12 m3/min/m2 (40 ft3min/ft2) for woven and 14 m3/min/m2 (45 ft 3min/ ft2) for felted fabrics is allowed for fil- tering air from asbestos ore dryers; and (ii) Ensuring that felted fabric weighs at least 475 grams per square meter (14 ounces per square yard) and is at least 1.6 millimeters (one-sixteenth inch) thick throughout; and (iii) Avoiding the use of synthetic fabrics that contain fill yarn other than that which is spun. (2) Properly install, use, operate, and maintain all air-cleaning equipment authorized by this section. Bypass de- vices may be used only during upset or emergency conditions and then only for so long as it takes to shut down the operation generating the particulate asbestos material. (3) For fabric filter collection devices installed after January 10, 1989, provide for easy inspection for faulty bags. (b) There are the following excep- tions to paragraph (a)(1): (1) After January 10, 1989, if the use of fabric creates a fire or explosion haz- ard, or the Administrator determines that a fabric filter is not feasible, the Administrator may authorize as a sub- stitute the use of wet collectors de- signed to operate with a unit con- tacting energy of at least 9.95 kilopascals (40 inches water gage pres- sure). VerDate Jul<19>2002 12:51 Jul 26, 2002 Jkt 197144 PO 00000 Frm 00113 Fmt 8010 Sfmt 8010 Y:\SGML\197144T.XXX pfrm15 PsN: 197144T 114 40 CFR Ch. I (7–1–02 Edition)§61.153 (2) Use a HEPA filter that is certified to be at least 99.97 percent efficient for 0.3 micron particles. (3) The Administrator may authorize the use of filtering equipment other than described in paragraphs (a)(1) and (b)(1) and (2) of this section if the owner or operator demonstrates to the Administrator’s satisfaction that it is equivalent to the described equipment in filtering particulate asbestos mate- rial. [49 FR 13661, Apr. 5, 1984; 49 FR 25453, June 21, 1984, as amended at 51 FR 8199, Mar. 10, 1986. Redesignated and amended at 55 FR 48430, Nov. 20, 1990] §61.153 Reporting. (a) Any new source to which this sub- part applies (with the exception of sources subject to §§61.143, 61.145, 61.146, and 61.148), which has an initial startup date preceding the effective date of this revision, shall provide the following information to the Adminis- trator postmarked or delivered within 90 days of the effective date. In the case of a new source that does not have an initial startup date preceding the ef- fective date, the information shall be provided, postmarked or delivered, within 90 days of the initial startup date. Any owner or operator of an ex- isting source shall provide the fol- lowing information to the Adminis- trator within 90 days of the effective date of this subpart unless the owner or operator of the existing source has pre- viously provided this information to the Administrator. Any changes in the information provided by any existing source shall be provided to the Admin- istrator, postmarked or delivered, within 30 days after the change. (1) A description of the emission con- trol equipment used for each process; and (i) If the fabric device uses a woven fabric, the airflow permeability in m3/ min/m2 and; if the fabric is synthetic, whether the fill yarn is spun or not spun; and (ii) If the fabric filter device uses a felted fabric, the density in g/m2, the minimum thickness in inches, and the airflow permeability in m3/min/m2. (2) If a fabric filter device is used to control emissions, (i) The airflow permeability in m3/ min/m2 (ft3/min/ft2) if the fabric filter device uses a woven fabric, and, if the fabric is synthetic, whether the fill yarn is spun or not spun; and (ii) If the fabric filter device uses a felted fabric, the density in g/m2 (oz/ yd2), the minimum thickness in milli- meters (inches), and the airflow perme- ability in m3/min/m2 (ft3/min/ft2). (3) If a HEPA filter is used to control emissions, the certified efficiency. (4) For sources subject to §§61.149 and 61.150: (i) A brief description of each process that generates asbestos-containing waste material; and (ii) The average volume of asbestos- containing waste material disposed of, measured in m3/day (yd3/day); and (iii) The emission control methods used in all stages of waste disposal; and (iv) The type of disposal site or incin- eration site used for ultimate disposal, the name of the site operator, and the name and location of the disposal site. (5) For sources subject to §§61.151 and 61.154: (i) A brief description of the site; and (ii) The method or methods used to comply with the standard, or alter- native procedures to be used. (b) The information required by para- graph (a) of this section must accom- pany the information required by §61.10. Active waste disposal sites sub- ject to §61.154 shall also comply with this provision. Roadways, demolition and renovation, spraying, and insu- lating materials are exempted from the requirements of §61.10(a). The informa- tion described in this section must be reported using the format of appendix A of this part as a guide. (Sec. 114. Clean Air Act as amended (42 U.S.C. 7414)) [49 FR 13661, Apr. 5, 1984. Redesignated and amended at 55 FR 48430, Nov. 20, 1990; 56 FR 1669, Jan. 16, 1991] §61.154 Standard for active waste dis- posal sites. Each owner or operator of an active waste disposal site that receives asbes- tos-containing waste material from a source covered under §61.149, 61.150, or 61.155 shall meet the requirements of this section: VerDate Jul<19>2002 12:51 Jul 26, 2002 Jkt 197144 PO 00000 Frm 00114 Fmt 8010 Sfmt 8010 Y:\SGML\197144T.XXX pfrm15 PsN: 197144T 115 Environmental Protection Agency §61.154 (a) Either there must be no visible emissions to the outside air from any active waste disposal site where asbes- tos-containing waste material has been deposited, or the requirements of para- graph (c) or (d) of this section must be met. (b) Unless a natural barrier ade- quately deters access by the general public, either warning signs and fenc- ing must be installed and maintained as follows, or the requirements of para- graph (c)(1) of this section must be met. (1) Warning signs must be displayed at all entrances and at intervals of 100 m (330 ft) or less along the property line of the site or along the perimeter of the sections of the site where asbes- tos-containing waste material is depos- ited. The warning signs must: (i) Be posted in such a manner and lo- cation that a person can easily read the legend; and (ii) Conform to the requirements of 51 cm × 36 cm (20″×14″) upright format signs specified in 29 CFR 1910.145(d)(4) and this paragraph; and (iii) Display the following legend in the lower panel with letter sizes and styles of a visibility at least equal to those specified in this paragraph. Legend Notation Asbestos Waste Disposal Site. 2.5 cm (1 inch) Sans Serif, Gothic or Block. Do Not Create Dust ............... 1.9 cm ( 3⁄4 inch) Sans Serif, Gothic or Block. Breathing Asbestos is Haz- ardous to Your Health. 14 Point Gothic. Spacing between any two lines must be at least equal to the height of the upper of the two lines. (2) The perimeter of the disposal site must be fenced in a manner adequate to deter access by the general public. (3) Upon request and supply of appro- priate information, the Administrator will determine whether a fence or a natural barrier adequately deters ac- cess by the general public. (c) Rather than meet the no visible emission requirement of paragraph (a) of this section, at the end of each oper- ating day, or at least once every 24- hour period while the site is in contin- uous operation, the asbestos-con- taining waste material that has been deposited at the site during the oper- ating day or previous 24-hour period shall: (1) Be covered with at least 15 centi- meters (6 inches) of compacted nonas- bestos-containing material, or (2) Be covered with a resinous or pe- troleum-based dust suppression agent that effectively binds dust and controls wind erosion. Such an agent shall be used in the manner and frequency rec- ommended for the particular dust by the dust suppression agent manufac- turer to achieve and maintain dust control. Other equally effective dust suppression agents may be used upon prior approval by the Administrator. For purposes of this paragraph, any used, spent, or other waste oil is not considered a dust suppression agent. (d) Rather than meet the no visible emission requirement of paragraph (a) of this section, use an alternative emis- sions control method that has received prior written approval by the Adminis- trator according to the procedures de- scribed in §61.149(c)(2). (e) For all asbestos-containing waste material received, the owner or oper- ator of the active waste disposal site shall: (1) Maintain waste shipment records, using a form similar to that shown in Figure 4, and include the following in- formation: (i) The name, address, and telephone number of the waste generator. (ii) The name, address, and telephone number of the transporter(s). (iii) The quantity of the asbestos- containing waste material in cubic me- ters (cubic yards). (iv) The presence of improperly en- closed or uncovered waste, or any as- bestos-containing waste material not sealed in leak-tight containers. Report in writing to the local, State, or EPA Regional office responsible for admin- istering the asbestos NESHAP program for the waste generator (identified in the waste shipment record), and, if dif- ferent, the local, State, or EPA Re- gional office responsible for admin- istering the asbestos NESHAP program for the disposal site, by the following working day, the presence of a signifi- cant amount of improperly enclosed or uncovered waste. Submit a copy of the waste shipment record along with the report. VerDate Jul<19>2002 12:51 Jul 26, 2002 Jkt 197144 PO 00000 Frm 00115 Fmt 8010 Sfmt 8010 Y:\SGML\197144T.XXX pfrm15 PsN: 197144T 116 40 CFR Ch. I (7–1–02 Edition)§61.155 (v) The date of the receipt. (2) As soon as possible and no longer than 30 days after receipt of the waste, send a copy of the signed waste ship- ment record to the waste generator. (3) Upon discovering a discrepancy between the quantity of waste des- ignated on the waste shipment records and the quantity actually received, at- tempt to reconcile the discrepancy with the waste generator. If the dis- crepancy is not resolved within 15 days after receiving the waste, immediately report in writing to the local, State, or EPA Regional office responsible for ad- ministering the asbestos NESHAP pro- gram for the waste generator (identi- fied in the waste shipment record), and, if different, the local, State, or EPA Regional office responsible for admin- istering the asbestos NESHAP program for the disposal site. Describe the dis- crepancy and attempts to reconcile it, and submit a copy of the waste ship- ment record along with the report. (4) Retain a copy of all records and reports required by this paragraph for at least 2 years. (f) Maintain, until closure, records of the location, depth and area, and quan- tity in cubic meters (cubic yards) of as- bestos-containing waste material with- in the disposal site on a map or dia- gram of the disposal area. (g) Upon closure, comply with all the provisions of §61.151. (h) Submit to the Administrator, upon closure of the facility, a copy of records of asbestos waste disposal loca- tions 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 writ- ing 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 con- tained 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 in- formation in the notice: (1) Scheduled starting and comple- tion dates. (2) Reason for disturbing the waste. (3) Procedures to be used to control emissions during the excavation, stor- age, transport, and ultimate disposal of the excavated asbestos-containing waste material. If deemed necessary, the Administrator may require changes in the emission control procedures to be used. (4) Location of any temporary stor- age site and the final disposal site. (Secs. 112 and 301(a) of the Clean Air Act as amended (42 U.S.C. 7412, 7601(a)) [49 FR 13661, Apr. 5, 1990. Redesignated and amended at 55 FR 48431, Nov. 20, 1990; 56 FR 1669, Jan. 16, 1991] §61.155 Standard for operations that convert asbestos-containing waste material into nonasbestos (asbestos- free) material. Each owner or operator of an oper- ation that converts RACM and asbes- tos-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 Adminis- trator with the following information: (1) Application to construct pursuant to §61.07. (2) In addition to the information re- quirements of §61.07(b)(3), a (i) Description of waste feed handling and temporary storage. (ii) Description of process operating conditions. (iii) Description of the handling and temporary storage of the end product. (iv) Description of the protocol to be followed when analyzing output mate- rials by transmission electron micros- copy. (3) Performance test protocol, includ- ing provisions for obtaining informa- tion 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 ap- plication to construct. (b) Conduct a start-up performance test. Test results shall include: (1) A detailed description of the types and quantities of nonasbestos material, VerDate Jul<19>2002 12:51 Jul 26, 2002 Jkt 197144 PO 00000 Frm 00116 Fmt 8010 Sfmt 8010 Y:\SGML\197144T.XXX pfrm15 PsN: 197144T 117 Environmental Protection Agency §61.155 RACM, and asbestos-containing waste material processed, e.g., asbestos ce- ment products, friable asbestos insula- tion, 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 polar- ized light microscopy, that document the asbestos content of the wastes processed. (3) Results of analyses, using trans- mission electron microscopy, that doc- ument that the output materials are free of asbestos. Samples for analysis are to be collected as 8-hour composite samples (one 200-gram (7-ounce) sample per hour), beginning with the initial in- troduction of RACM or asbestos-con- taining waste material and continuing until the end of the performance test. (4) A description of operating param- eters, such as temperature and resi- dence time, defining the full range over which the process is expected to oper- ate to produce nonasbestos (asbestos- free) materials. Specify the limits for each operating parameter within which the process will produce nonasbestos (asbestos-free) materials. (5) The length of the test. (c) During the initial 90 days of oper- ation, (1) Continuously monitor and log the operating parameters identified during start-up performance tests that are in- tended to ensure the production of non- asbestos (asbestos-free) output mate- rial. (2) Monitor input materials to ensure that they are consistent with the test feed materials described during start- up performance tests in paragraph (b)(1) of this section. (3) Collect and analyze samples, taken as 10-day composite samples (one 200-gram (7-ounce) sample collected every 8 hours of operation) of all out- put material for the presence of asbes- tos. Composite samples may be for fewer than 10 days. Transmission elec- tron 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 oper- ation, (1) Continuously monitor and record the operating parameters identified during start-up performance testing and any subsequent performance test- ing. Any output produced during a pe- riod of deviation from the range of op- erating conditions established to en- sure the production of nonasbestos (as- bestos-free) output materials shall be: (i) Disposed of as asbestos-containing waste material according to §61.150, or (ii) Recycled as waste feed during process operation within the estab- lished 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 com- posite samples (one 200-gram (7-ounce) sample collected every 8 hours of oper- ation) of the output material. Trans- mission 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 op- eration, or use the methods specified by §61.152 to clean emissions con- taining particulate asbestos material before they escape to, or are vented to, the outside air. (f) Maintain records on-site and in- clude the following information: (1) Results of start-up performance testing and all subsequent performance testing, including operating param- eters, feed characteristic, and analyses of output materials. (2) Results of the composite analyses required during the initial 90 days of operation under §61.155(c). (3) Results of the monthly composite analyses required under §61.155(d). (4) Results of continuous monitoring and logs of process operating param- eters required under §61.155 (c) and (d). (5) The information on waste ship- ments 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 VerDate Jul<19>2002 12:51 Jul 26, 2002 Jkt 197144 PO 00000 Frm 00117 Fmt 8010 Sfmt 8010 Y:\SGML\197144T.XXX pfrm15 PsN: 197144T 118 40 CFR Ch. I (7–1–02 Edition)§61.156 disposal site to which the output mate- rials were sold or deposited, and the date of sale or disposal. (7) Retain records required by para- graph (f) of this section for at least 2 years. (g) Submit the following reports to the Administrator: (1) A report for each analysis of prod- uct composite samples performed dur- ing the initial 90 days of operation. (2) A quarterly report, including the following information concerning ac- tivities duringeachconsecutive 3- month period: (i) Results of analyses of monthly product composite samples. (ii) A description of any deviation from the operating parameters estab- lished during performance testing, the duration of the deviation, and steps taken to correct the deviation. (iii) Disposition of any product pro- duced during a period of deviation, in- cluding whether it was recycled, dis- posed of as asbestos-containing waste material, or stored temporarily on-site until analyzed for asbestos content. (iv) The information on waste dis- posal activities as required in §61.154(f). (h) Nonasbestos (asbestos-free) out- put material is not subject to any of the provisions of this subpart. Output materials in which asbestos is de- tected, or output materials produced when the operating parameters devi- ated from those established during the start-up performance testing, unless shown by TEM analysis to be asbestos- free, shall be considered to be asbestos- containing waste and shall be handled and disposed of according to §§61.150 and 61.154 or reprocessed while all of the established operating parameters are being met. [55 FR 48431, Nov. 20, 1990] §61.156 Cross-reference to other as- bestos regulations. In addition to this subpart, the regu- lations referenced in Table 1 also apply to asbestos and may be applicable to those sources specified in §§61.142 through 61.151, 61.154, and 61.155 of this subpart. These cross-references are pre- sented for the reader’s information and to promote compliance with the cited regulations. TABLE 1—CROSS-REFERENCE TO OTHER ASBESTOS REGULATIONS Agency CFR citation Comment EPA 40 CFR part 763, subpart E .............. Requires schools to inspect for asbestos and implement response actions and submit asbestos management plans to States. Specifies use of ac- credited inspectors, air sampling methods, and waste disposal proce- dures. 40 CFR part 427 ................................ Effluent standards for asbestos manufacturing source categories. 40 CFR part 763, subpart G .............. Protects public employees performing asbestos abatement work in States not covered by OSHA asbestos standard. OSHA 29 CFR 1910.1001 ............................ Worker protection measures—engineering controls, worker training, label- ing, respiratory protection, bagging of waste, 0.2 f/cc permissible expo- sure level. 29 CFR 1926.58 ................................ Worker protection measures for all construction work involving asbestos, including demolition and renovation—work practices, worker training, bagging of waste, 0.2 f/cc permissible exposure level. MSHA 30 part CFR 56, subpart D ................ Specifies exposures limits, engineering controls, and respiratory protection measures for workers in surface mines. 30 CFR part 57, subpart D ................ Specifies exposure limits, engineering controls, and respiratory protection measures for workers in underground mines. DOT 49 CFR parts 171 and 172 ................ Regulates the transportation of asbestos-containing waste material. Re- quires waste containment and shipping papers. [55 FR 48432, Nov. 20, 1990, as amended at 60 FR 31920, June 19, 1995] §61.157 Delegation of authority. (a) In delegating implementation and enforcement authority to a State under section 112(d) of the Act, the au- thorities contained in paragraph (b) of this section shall be retained by the Administrator and not transferred to a State. (b) Authorities that will not be dele- gated to States: (1) Section 61.149(c)(2) (2) Section 61.150(a)(4) (3) Section 61.151(c) VerDate Jul<19>2002 12:51 Jul 26, 2002 Jkt 197144 PO 00000 Frm 00118 Fmt 8010 Sfmt 8010 Y:\SGML\197144T.XXX pfrm15 PsN: 197144T 119 Environmental Protection Agency Pt. 61, Subpt. M, App. A (4) Section 61.152(b)(3) (5) Section 61.154(d) (6) Section 61.155(a). [55 FR 48433, Nov. 20, 1990] APPENDIX A TO SUBPART M OF PART 61—INTERPRETIVE RULE GOVERNING ROOF REMOVAL OPERATIONS I. Applicability of the Asbestos NESHAP 1.1. Asbestos-containing material (ACM) is material containing more than one percent asbestos as determined using the methods specified in appendix E, subpart E, 40 CFR part 763, section 1, Polarized Light Micros- copy. The NESHAP classifies ACM as either ‘‘friable’’ or ‘‘nonfriable’’. Friable ACM is ACM that, when dry, can be crumbled, pul- verized or reduced to powder by hand pres- sure. Nonfriable ACM is ACM that, when dry, cannot be crumbled, pulverized or reduced to powder by hand pressure. 1.2. Nonfriable ACM is further classified as either Category I ACM or Category II ACM. Category I ACM and Category II ACM are distinguished from each other by their po- tential to release fibers when damaged. Cat- egory I ACM includes asbestos-containing gaskets, packings, resilient floor coverings, resilient floor covering mastic, and asphalt roofing products containing more than one percent asbestos. Asphalt roofing products which may contain asbestos include built-up roofing; asphalt-containing single ply mem- brane systems; asphalt shingles; asphalt-con- taining underlayment felts; asphalt-con- taining roof coatings and mastics; and as- phalt-containing base flashings. ACM roofing products that use other bituminous or res- inous binders (such as coal tars or pitches) are also considered to be Category I ACM. Category II ACM includes all other nonfri- able ACM, for example, asbestos-cement (A/ C) shingles, A/C tiles, and transite boards or panels containing more than one percent as- bestos. Generally speaking, Category II ACM is more likely to become friable when dam- aged than is Category I ACM. The applica- bility of the NESHAP to Category I and II ACM depends on: (1) the condition of the ma- terial at the time of demolition or renova- tion, (2) the nature of the operation to which the material will be subjected, (3) the amount of ACM involved. 1.3. Asbestos-containing material regulated under the NESHAP is referred to as ‘‘regu- lated asbestos-containing material’’ (RACM). RACM is defined in §61.141 of the NESHAP and includes: (1) friable asbestos-containing material; (2) Category I nonfriable ACM that has become friable; (3) Category I nonfriable ACM that has been or will be sanded, ground, cut, or abraded; or (4) Category II nonfriable ACM that has already been or is likely to be- come crumbled, pulverized, or reduced to powder. If the coverage threshold for RACM is met or exceeded in a renovation or demoli- tion operation, then all friable ACM in the operation, and in certain situations, nonfri- able ACM in the operation, are subject to the NESHAP. A. Threshold Amounts of Asbestos- Containing Roofing Material 1.A.1. The NESHAP does not cover roofing projects on single family homes or on resi- dential buildings containing four or fewer dwelling units. 40 CFR 61.141. For other roof- ing renovation projects, if the total asbestos- containing roof area undergoing renovation is less than 160 ft2, the NESHAP does not apply, regardless of the removal method to be used, the type of material (Category I or II), or its condition (friable versus nonfri- able). 40 CFR 61.145(a)(4). However, EPA would recommend the use of methods that damage asbestos-containing roofing material as little as possible. EPA has determined that where a rotating blade (RB) roof cutter or equipment that similarly damages the roofing material is used to remove Category I nonfriable asbestos-containing roofing ma- terial, the removal of 5580 ft2 of that mate- rial will create 160 ft2 of RACM. For the pur- poses of this interpretive rule, ‘‘RB roof cut- ter’’ means an engine-powered roof cutting machine with one or more rotating cutting blades the edges of which are blunt. (Equip- ment with blades having sharp or tapered edges, and/or which does not use a rotating blade, is used for ‘‘slicing’’ rather than ‘‘cut- ting’’ the roofing material; such equipment is not included in the term ‘‘RB roof cut- ter’’.) Therefore, it is EPA’s interpretation that when an RB roof cutter or equipment that similarly damages the roofing material is used to remove Category I nonfriable as- bestos-containing roofing material, any project that is 5580 ft2 or greater is subject to the NESHAP; conversely, it is EPA’s in- terpretation that when an RB roof cutter or equipment that similarly damages the roof- ing material is used to remove Category I nonfriable asbestos-containing roofing mate- rial in a roof removal project that is less than 5580 ft2, the project is not subject to the NESHAP, except that notification is always required for demolitions. EPA further con- strues the NESHAP to mean that if slicing or other methods that do not sand, grind, cut or abrade will be used on Category I nonfri- able ACM, the NESHAP does not apply, re- gardless of the area of roof to be removed. 1.A.2. For asbestos cement (A/C) shingles (or other Category II roofing material), if the area of the roofing material to be removed is at least 160 ft2 and the removal methods will crumble, pulverize, reduce to powder, or con- taminate with RACM (from other ACM that has been crumbled, pulverized or reduced to VerDate Jul<19>2002 12:51 Jul 26, 2002 Jkt 197144 PO 00000 Frm 00119 Fmt 8010 Sfmt 8002 Y:\SGML\197144T.XXX pfrm15 PsN: 197144T 120 40 CFR Ch. I (7–1–02 Edition)Pt. 61, Subpt. M, App. A powder) 160 ft2 or more of such roofing mate- rial, the removal is subject to the NESHAP. Conversely, if the area of the A/C shingles (or other Category II roofing materials) to be re- moved is less than 160 ft2, the removal is not subject to the NESHAP regardless of the re- moval method used, except that notification is always required for demolitions. 40 CFR 61.145(a). However, EPA would recommend the use of methods that damage asbestos- containing roofing material as little as pos- sible. If A/C shingles (or other Category II roofing materials) are removed without 160 ft2 or more of such roofing material being crumbled, pulverized, reduced to powder, or contaminated with RACM (from other ACM that has been crumbled, pulverized or re- duced to powder), the operation is not sub- ject to the NESHAP, even where the total area of the roofing material to be removed exceeds 160 ft2; provided, however, that if the renovation includes other operations involv- ing RACM, the roof removal operation is covered if the total area of RACM from all renovation activities exceeds 160 ft2. See the definition of regulated asbestos-containing material (RACM), 40 CFR 61.141. 1.A.3. Only roofing material that meets the definition of ACM can qualify as RACM sub- ject to the NESHAP. Therefore, to determine if a removal operation that meets or exceeds the coverage threshold is subject to the NESHAP, any suspect roofing material (i.e. roofing material that may be ACM) should be tested for asbestos. If any such roofing material contains more than one percent as- bestos and if the removal operation is cov- ered by the NESHAP, then EPA must be no- tified and the work practices in §61.145(c) must be followed. In EPA’s view, if a re- moval operation involves at least the thresh- old level of suspect material, a roofing con- tractor may choose not to test for asbestos if the contractor follows the notification and work practice requirements of the NESHAP. B. A/C Shingle Removal (Category II ACM Removal) 1.B.1. A/C shingles, which are Category II nonfriable ACM, become regulated ACM if the material has a high probability of be- coming or has become crumbled, pulverized or reduced to powder by the forces expected to act on the material in the course of demo- lition or renovation operations. 40 CFR 61.141. However, merely breaking an A/C shingle (or any other category II ACM) that is not friable may not necessarily cause the material to become RACM. A/C shingles are typically nailed to buildings on which they are attached. EPA believes that the extent of breakage that will normally result from carefully removing A/C shingles and low- ering the shingles to the ground will not re- sult in crumbling, pulverizing or reducing the shingles to powder. Conversely, the ex- tent of breakage that will normally occur if the A/C shingles are dropped from a building or scraped off of a building with heavy ma- chinery would cause the shingles to become RACM. EPA therefore construes the NESHAP to mean that the removal of A/C shingles that are not friable, using methods that do not crumble, pulverize, or reduce the A/C shingles to powder (such as pry bars, spud bars and shovels to carefully pry the material), is not subject to the NESHAP pro- vided that the A/C shingles are properly han- dled during and after removal, as discussed in this paragraph and the asbestos NESHAP. This interpretation also applies to other Cat- egory II nonfriable asbestos-containing roof- ing materials. C. Cutting vs. Slicing and Manual Methods for Removal of Category I ACM 1.C.1. Because of damage to the roofing ma- terial, and the potential for fiber release, roof removal operations using rotating blade (RB) roof cutters or other equipment that sand, grind, cut or abrade the roof material are subject to the NESHAP. As EPA inter- prets the NESHAP, the use of certain man- ual methods (using equipment such as axes, hatchets, or knives, spud bars, pry bars, and shovels, but not saws) or methods that slice, shear, or punch (using equipment such as a power slicer or power plow) does not con- stitute ‘‘cutting, sanding, grinding or abrad- ing.’’ This is because these methods do not destroy the structural matrix or integrity of the material such that the material is crum- bled, pulverized or reduced to powder. Hence, it is EPA’s interpretation that when such methods are used, assuming the roof mate- rial is not friable, the removal operation is not subject to the regulation. 1.C.2. Power removers or power tear-off machines are typically used to pry the roof- ing material up from the deck after the roof membrane has been cut. It is EPA’s interpre- tation that when these machines are used to pry roofing material up, their use is not reg- ulated by the NESHAP. 1.C.3. As noted previously, the NESHAP only applies to the removal of asbestos-con- taining roofing materials. Thus, the NESHAP does not apply to the use of RB cutters to remove non-asbestos built up roof- ing (BUR). On roofs containing some asbes- tos-containing and some non-asbestos-con- taining materials, coverage under the NESHAP depends on the methods used to re- move each type of material in addition to other coverage thresholds specified above. For example, it is not uncommon for exist- ing roofs to be made of non-asbestos BUR and base flashings that do contain asbestos. In that situation, EPA construes the NESHAP to be inapplicable to the removal of the non-asbestos BUR using an RB cutter so long as the RB cutter is not used to cut 5580 VerDate Jul<19>2002 12:51 Jul 26, 2002 Jkt 197144 PO 00000 Frm 00120 Fmt 8010 Sfmt 8002 Y:\SGML\197144T.XXX pfrm15 PsN: 197144T 121 Environmental Protection Agency Pt. 61, Subpt. M, App. A ft2 or more of the asbestos-containing base flashing or other asbestos-containing mate- rial into sections. In addition, the use of methods that slice, shear, punch or pry could then be used to remove the asbestos flashings and not trigger coverage under the NESHAP. II. Notification 2.1. Notification for a demolition is always required under the NESHAP. However, EPA believes that few roof removal jobs con- stitute ‘‘demolitions’’ as defined in the NESHAP (§61.141). In particular, it is EPA’s view that the removal of roofing systems (i.e., the roof membrane, insulation, sur- facing, coatings, flashings, mastic, shingles, and felt underlayment), when such removal is not a part of a demolition project, con- stitutes a ‘‘renovation’’ under the NESHAP. If the operation is a renovation, and Cat- egory I roofing material is being removed using either manual methods or slicing, noti- fication is not required by the NESHAP. If Category II material is not friable and will be removed without crumbling, pulverizing, or reducing it to powder, no notification is required. Also, if the renovation involves less than the threshold area for applicability as discussed above, then no notification is re- quired. However, if a roof removal meets the applicability and threshold requirements under the NESHAP, then EPA (or the dele- gated agency) must be notified in advance of the removal in accordance with the require- ments of §61.145(b), as follows: •Notification must be given in writing at least 10 working days in advance and must include the information in §61.145(b)(4), ex- cept for emergency renovations as discussed below. •The notice must be updated as necessary, including, for example, when the amount of asbestos-containing roofing material re- ported changes by 20 percent or more. •EPA must be notified if the start date of the roof removal changes. If the start date of a roof removal project is changed to an ear- lier date, EPA must be provided with a writ- ten notice of the new start date at least 10 working days in advance. If the start date changes to a later date, EPA must be noti- fied by telephone as soon as possible before the original start date and a written notice must be sent as soon as possible. •For emergency renovations (as defined in §61.141), where work must begin immediately to avoid safety or public health hazards, equipment damage, or unreasonable finan- cial burden, the notification must be post- marked or delivered to EPA as soon as pos- sible, but no later than the following work day. III. Emission Control Practices A. Requirements to Adequately Wet and Discharge No Visible Emission 3.A.1. The principal controls contained in the NESHAP for removal operations include requirements that the affected material be adequately wetted, and that asbestos waste be handled, collected, and disposed of prop- erly. The requirements for disposal of waste materials are discussed separately in section IV below. The emission control requirements discussed in this section III apply only to roof removal operations that are covered by the NESHAP as set forth in Section I above. 3.A.2. For any operation subject to the NESHAP, the regulation (§§61.145(c)(2)(i), (3), (6)(i)) requires that RACM be adequately wet (as defined in §61.141) during the operation that damages or disturbs the asbestos mate- rial until collected for disposal. 3.A.3. When using an RB roof cutter (or any other method that sands, grinds, cuts or ab- rades the roofing material) to remove Cat- egory I asbestos-containing roofing material, the emission control requirements of §61.145(c) apply as discussed in Section I above. EPA will consider a roof removal project to be in compliance with the ‘‘ade- quately wet’’ and ‘‘discharge no visible emis- sion’’ requirements of the NESHAP if the RB roof cutter is equipped and operated with the following: (1) a blade guard that completely encloses the blade and extends down close to the roof surface; and (2) a device for spraying a fine mist of water inside the blade guard, and which device is in operation during the cutting of the roof. B. Exemptions From Wetting Requirements 3.B.1. The NESHAP provides that, in cer- tain instances, wetting may not be required during the cutting of Category I asbestos roofing material with an RB roof cutter. If EPA determines in accordance with §61.145(c)(3)(i), that wetting will unavoidably damage the building, equipment inside the building, or will present a safety hazard while stripping the ACM from a facility com- ponent that remains in place, the roof re- moval operation will be exempted from the requirement to wet during cutting. EPA must have sufficient written information on which to base such a decision. Before pro- ceeding with a dry removal, the contractor must have received EPA’s written approval. Such exemptions will be made on a case-by- case basis. 3.B.2. It is EPA’s view that, in most in- stances, exemptions from the wetting re- quirements are not necessary. Where EPA grants an exemption from wetting because of the potential for damage to the building, damage to equipment within the building or a safety hazard, the NESHAP specifies alter- native control methods (§61.145(c)(3)(i)(B)). VerDate Jul<19>2002 12:51 Jul 26, 2002 Jkt 197144 PO 00000 Frm 00121 Fmt 8010 Sfmt 8002 Y:\SGML\197144T.XXX pfrm15 PsN: 197144T 122 40 CFR Ch. I (7–1–02 Edition)Pt. 61, Subpt. M, App. A Alternative control methods include (a) the use of local exhaust ventilation systems that capture the dust, and do not produce visible emissions, or (b) methods that are designed and operated in accordance with the require- ments of §61.152, or (c) other methods that have received the written approval of EPA. EPA will consider an alternative emission control method in compliance with the NESHAP if the method has received written approval from EPA and the method is being implemented consistent with the approved procedures (§61.145(c)(3)(ii) or §61.152(b)(3)). 3.B.3. An exemption from wetting is also allowed when the air or roof surface tem- perature at the point of wetting is below freezing, as specified in §61.145(c)(7). If freez- ing temperatures are indicated as the reason for not wetting, records must be kept of the temperature at the beginning, middle and end of the day on which wetting is not per- formed and the records of temperature must be retained for at least 2 years. 42 CFR §61.145(c)(7)(iii). It is EPA’s interpretation that in such cases, no written application to, or written approval by the Administrator is needed for using emission control methods listed in §61.145(c)(3)(i)(B), or alternative emission control methods that have been previously approved by the Administrator. However, such written application or ap- proval is required for alternative emission control methods that have not been pre- viously approved. Any dust and debris col- lected from cutting must still be kept wet and placed in containers. All of the other re- quirements for notification and waste dis- posal would continue to apply as described elsewhere in this notice and the Asbestos NESHAP. C. Waste Collection and Handling 3.C.1. It is EPA’s interpretation that waste resulting from slicing and other methods that do not cut, grind, sand or abrade Cat- egory I nonfriable asbestos-containing roof- ing material is not subject to the NESHAP and can be disposed of as nonasbestos waste. EPA further construes the NESHAP to pro- vide that if Category II roofing material (such as A/C shingles) is removed and dis- posed of without crumbling, pulverizing, or reducing it to powder, the waste from the re- moval is not subject to the NESHAP waste disposal requirements. EPA also interprets the NESHAP to be inapplicable to waste re- sulting from roof removal operations that do not meet or exceed the coverage thresholds described in section I above. Of course, other State, local, or Federal regulations may apply. 3.C.2. It is EPA’s interpretation that when an RB roof cutter, or other method that similarly damages the roofing material, is used to cut Category I asbestos containing roofing material, the damaged material from the cut (the sawdust or debris) is considered asbestos containing waste subject to §61.150 of the NESHAP, provided the coverage thresholds discussed above in section 1 are met or exceeded. This sawdust or debris must be disposed of at a disposal site oper- ated in accordance with the NESHAP. It is also EPA’s interpretation of the NESHAP that if the remainder of the roof is free of the sawdust and debris generated by the cut- ting, or if such sawdust or debris is collected as discussed below in paragraphs 3.C.3, 3.C.4, 3.C.5 and 3.C.6, the remainder of the roof can be disposed of as nonasbestos waste because it is considered to be Category I nonfriable material (as long as the remainder of the roof is in fact nonasbestos material or if it is Category I asbestos material and the re- moval methods do not further sand, grind, cut or abrade the roof material). EPA fur- ther believes that if the roof is not cleaned of such sawdust or debris, i.e., it is contami- nated, then it must be treated as asbestos- containing waste material and be handled in accordance with §61.150. 3.C.3. In order to be in compliance with the NESHAP while using an RB roof cutter (or device that similarly damages the roofing material) to cut Category I asbestos con- taining roofing material, the dust and debris resulting from the cutting of the roof should be collected as soon as possible after the cut- ting operation, and kept wet until collected and placed in leak-tight containers. EPA be- lieves that where the blade guard completely encloses the blade and extends down close to the roof surface and is equipped with a de- vice for spraying a fine mist of water inside the blade guard, and the spraying device is in operation during the cutting, most of the dust and debris from cutting will be confined along the cut. The most efficient methods to collect the dust and debris from cutting are to immediately collect or vacuum up the damaged material where it lies along the cut using a filtered vacuum cleaner or debris col- lector that meets the requirements of 40 CFR 61.152 to clean up as much of the debris as possible, or to gently sweep up the bulk of the debris, and then use a filtered vacuum cleaner that meets the requirements of 40 CFR 61.152 to clean up as much of the re- mainder of the debris as possible. On smooth surfaced roofs (nonaggregate roofs), sweep- ing up the debris and then wet wiping the surface may be done in place of using a fil- tered vacuum cleaner. It is EPA’s view that if these decontamination procedures are fol- lowed, the remaining roofing material does not have to be collected and disposed of as asbestos waste. Additionally, it is EPA’s view that where such decontamination pro- cedures are followed, if the remaining por- tions of the roof are non-asbestos or Cat- egory I nonfriable asbestos material, and if the remaining portions are removed using re- moval methods that slice, shear, punch or VerDate Jul<19>2002 12:51 Jul 26, 2002 Jkt 197144 PO 00000 Frm 00122 Fmt 8010 Sfmt 8002 Y:\SGML\197144T.XXX pfrm15 PsN: 197144T 123 Environmental Protection Agency Pt. 61, Subpt. M, App. A pry, as discussed in section 1.C above, then the remaining portions do not have to be col- lected and disposed of as asbestos waste and the NESHAP’s no visible emissions and ade- quately wet requirements are not applicable to the removal of the remaining portions. In EPA’s interpretation, the failure of a filtered vacuum cleaner or debris collector to collect larger chunks or pieces of damaged roofing material created by the RB roof cutter does not require the remaining roofing material to be handled and disposed of as asbestos waste, provided that such visible chunks or pieces of roofing material are collected (e.g. by gentle sweeping) and disposed of as asbes- tos waste. Other methods of decontamina- tion may not be adequate, and should be ap- proved by the local delegated agency. 3.C.4. In EPA’s interpretation, if the debris from the cutting is not collected imme- diately, it will be necessary to lightly mist the dust or debris, until it is collected, as discussed above, and placed in containers. The dust or debris should be lightly misted frequently enough to prevent the material from drying, and to prevent airborne emis- sions, prior to collection as described above. It is EPA’s interpretation of the NESHAP that if these procedures are followed, the re- maining roofing material does not have to be collected and disposed of as asbestos waste, as long as the remaining roof material is in fact nonasbestos material or if it is Category I asbestos material and the removal methods do not further sand, grind, cut or abrade the roof material. 3.C.5. It is EPA’s interpretation that, pro- vided the roofing material is not friable prior to the cutting operation, and provided the roofing material has not been made fri- able by the cutting operation, the appear- ance of rough, jagged or damaged edges on the remaining roofing material, due to the use of an RB roof cutter, does not require that such remaining roofing material be han- dled and disposed of as asbestos waste. In ad- dition, it is also EPA’s interpretation that if the sawdust or debris generated by the use of an RB roof cutter has been collected as dis- cussed in paragraphs 3.C.3, 3.C.4 and 3.C.6, the presence of dust along the edge of the re- maining roof material does not render such material ‘‘friable’’ for purposes of this inter- pretive rule or the NESHAP, provided the roofing material is not friable prior to the cutting operation, and provided that the re- maining roofing material near the cutline has not been made friable by the cutting op- eration. Where roofing material near the cutline has been made friable by the use of the RB cutter (i.e. where such remaining roofing material near the cutline can be crumbled, pulverized or reduced to powder using hand pressure), it is EPA’s interpreta- tion that the use of an encapsulant will en- sure that such friable material need not be treated or disposed of as asbestos containing waste material. The encapsulant may be ap- plied to the friable material after the roofing material has been collected into stacks for subsequent disposal as nonasbestos waste. It is EPA’s view that if the encapsulation pro- cedure set forth in this paragraph is followed in operations where roofing material near the cutline has been rendered friable by the use of an RB roof cutter, and if the decon- tamination procedures set forth in paragraph 3.C.3 have been followed, the NESHAP’s no visible emissions and adequately wet re- quirements would be met for the removal, handling and disposal of the remaining roof- ing material. 3.C.6. As one way to comply with the NESHAP, the dust and debris from cutting can be placed in leak-tight containers, such as plastic bags, and the containers labeled using warning labels required by OSHA (29 CFR 1926.58). In addition, the containers must have labels that identify the waste gen- erator (such as the name of the roofing con- tractor, abatement contractor, and/or build- ing owner or operator) and the location of the site at which the waste was generated. IV. Waste Disposal A. Disposal Requirements 4.A.1. Section 61.150(b) requires that, as soon as is practical, all collected dust and debris from cutting as well as any contami- nated roofing squares, must be taken to a landfill that is operated in accordance with §61.154 or to an EPA-approved site that con- verts asbestos waste to nonasbestos material in accordance with §61.155. During the load- ing and unloading of affected waste, asbestos warning signs must be affixed to the vehi- cles. B. Waste Shipment Record 4.B.1. For each load of asbestos waste that is regulated under the NESHAP, a waste shipment record (WSR) must be maintained in accordance with §61.150(d). Information that must be maintained for each waste load includes the following: •Name, address, and telephone number of the waste generator •Name and address of the local, State, or EPA regional office responsible for admin- istering the asbestos NESHAP program •Quantity of waste in cubic meters (or cubic yards) •Name and telephone number of the dis- posal site operator •Name and physical site location of the disposal site •Date transported •Name, address, and telephone number of the transporter(s) •Certification that the contents meet all government regulations for transport by highways. VerDate Jul<19>2002 12:51 Jul 26, 2002 Jkt 197144 PO 00000 Frm 00123 Fmt 8010 Sfmt 8002 Y:\SGML\197144T.XXX pfrm15 PsN: 197144T 124 40 CFR Ch. I (7–1–02 Edition)§61.160 4.B.2. The waste generator is responsible for ensuring that a copy of the WSR is deliv- ered to the disposal site along with the waste shipment. If a copy of the WSR signed by the disposal site operator is not returned to the waste generator within 35 days, the waste generator must contact the transporter and/ or the disposal site to determine the status of the waste shipment. 40 CFR 61.150(d)(3). If the signed WSR is not received within 45 days, the waste generator must report, in writing, to the responsible NESHAP program agency and send along a copy of the WSR. 40 CFR 61.150(d)(4). Copies of WSRs, including those signed by the disposal site operator, must be retained for at least 2 years. 40 CFR 61.150(d)(5). V. Training 5.1. For those roof removals that are sub- ject to the NESHAP, at least one on-site su- pervisor trained in the provisions of the NESHAP must be present during the re- moval of the asbestos roofing material. 40 CFR 61.145(c)(8). In EPA’s view, this person can be a job foreman, a hired consultant, or someone who can represent the building owner or contractor responsible for the re- moval. In addition to the initial training re- quirement, a refresher training course is re- quired every 2 years. The NESHAP training requirements became effective on November 20, 1991. 5.2. Asbestos training courses developed specifically to address compliance with the NESHAP in roofing work, as well as courses developed for other purposes can satisfy this requirement of the NESHAP, as long as the course covers the areas specified in the regu- lation. EPA believes that Asbestos Hazard Emergency Response Act (AHERA) training courses will, for example, satisfy the NESHAP training requirements. However, nothing in this interpretive rule or in the NESHAP shall be deemed to require that roofing contractors or roofing workers per- forming operations covered by the NESHAP must be trained or accredited under AHERA, as amended by the Asbestos School Hazard Abatement Reauthorization Act (ASHARA). Likewise, state or local authorities may independently impose additional training, li- censing, or accreditation requirements on roofing contractors performing operations covered by the NESHAP, but such additional training, licensing or accreditation is not called for by this interpretive rule or the fed- eral NESHAP. 5.3. For removal of Category I asbestos containing roofing material where RB roof cutters or equipment that similarly damages the asbestos-containing roofing material are used, the NESHAP training requirements (§61.145(c)(8)) apply as discussed in Section I above. It is EPA’s intention that removal of Category I asbestos-containing roofing mate- rial using hatchets, axes, knives, and/or the use of spud bars, pry bars and shovels to lift the roofing material, or similar removal methods that slice, punch, or shear the roof membrane are not subject to the training re- quirements, since these methods do not cause the roof removal to be subject to the NESHAP. Likewise, it is EPA’s intention that roof removal operations involving Cat- egory II nonfriable ACM are not subject to the training requirements where such oper- ations are not subject to the NESHAP as dis- cussed in section I above. [59 FR 31158, June 17, 1994, as amended at 60 FR 31920, June 19, 1995] Subpart N—National Emission Standard for Inorganic Ar- senic Emissions From Glass Manufacturing Plants SOURCE: 51 FR 28025, Aug. 4, 1986, unless otherwise noted. §61.160 Applicability and designation of source. (a) The source to which this subpart applies is each glass melting furnace that uses commercial arsenic as a raw material. This subpart does not apply to pot furnaces. (b) Rebricking is not considered con- struction or modification for the pur- poses of §61.05(a). §61.161 Definitions. The terms used in this subpart are defined in the Clean Air Act, in §61.02, or in this section as follows: Arsenic-containing glass type means any glass that is distinguished from other glass solely by the weight per- cent of arsenic added as a raw material and by the weight percent of arsenic in the glass produced. Any two or more glasses that have the same weight per- cent of arsenic in the raw materials as well as in the glass produced shall be considered to belong to one arsenic- containing glass type, without regard to the recipe used or any other charac- teristics of the glass or the method of production. By-pass the control device means to operate the glass melting furnace with- out operating the control device to which that furnace’s emissions are di- rected routinely. Commercial arsenic means any form of arsenic that is produced by extraction VerDate Jul<19>2002 12:51 Jul 26, 2002 Jkt 197144 PO 00000 Frm 00124 Fmt 8010 Sfmt 8002 Y:\SGML\197144T.XXX pfrm15 PsN: 197144T areas. Drainage issues will also have to be addressed for plastic. Ask for the thickness of soilyou feel comfortable with without counting on the plastic as a barrier. "Minnich, Carolyn" wrote: Background: This is the site with asbestos in the top soil. Hanna approved a soil cap of 6-8 inches for certain areas of the site. In the brownfields program based on land use, we feltthis was not adequate. We requested 2 feet of soil. The countered with some proposedlanguage which I discussed with y'all a few weeks ago. Benne Hutson on behalf of the PDhas brought another scenario to the table for this project. If they lay a liner down now beforeany soil cap, how much soil would be necessary to protect the environmental and public health? He proposed 4 inches.I asked the following additional questions via voice mail: 1) What is the land use in these areas? 2) what will be the expose and traffic of the public in subject areas? 3) What type of liner will be installed? 4) What are the monitoring and precaution measures? My question to you all is, What soil cap thickness would be adequate with a liner? I'm thinking at least 6-8 inches because what can grow in less than1/2 a foot. The area at a minimum would be covered with shallow root grass andmaintained a lawn service company. Let me know your thoughts. They are eager to getsomething worked out because this site maybe slated for the Knights Stadium or the newArena, but that isn't public knowledge. Thank You, Carolyn Minnich Brownfields Project Manager NCDENR c/o City of Charlotte Neighborhood Development Key Business (v) 704/336-3499 (f) 704/336-2527