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]
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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,
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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.
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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
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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.
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95
Environmental Protection Agency §61.142
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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.
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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
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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
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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.
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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
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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
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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.
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103
Environmental Protection Agency §61.145
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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
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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.
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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
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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.
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108
40 CFR Ch. I (7–1–02 Edition)§61.149
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109
Environmental Protection Agency §61.149
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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.
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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
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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
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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).
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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:
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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.
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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,
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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
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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)
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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
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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
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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)).
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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
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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.
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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
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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