[Code of Federal Regulations]

[Title 40, Volume 8]

[Revised as of July 1, 2001]

From the U.S. Government Printing Office via GPO Access

[CITE: 40CFR61]



[Page 81-115]

 

                   TITLE 40--PROTECTION OF ENVIRONMENT

 

               CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY

 

PART 61--NATIONAL EMISSION STANDARDS FOR HAZARDOUS AIR POLLUTANTS--Table of Contents

 

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.



Sec. 61.140  Applicability.



    The provisions of this subpart are applicable to those sources 

specified in



[[Page 82]]



Sec. Sec. 61.142 through 61.151, 61.154, and 61.155.



[55 FR 48414, Nov. 20, 1990]



Sec. 61.141  Definitions.



    All terms that are used in this subpart 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 asbestos-containing material, then that material has not 

been adequately wetted. However, the absence of visible emissions is not 

sufficient evidence of being adequately wet.

    Asbestos means the asbestiform varieties of serpentinite 

(chrysotile), riebeckite (crocidolite), cummingtonite-grunerite, 

anthophyllite, and actinolite-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 contaminated with commercial asbestos. As applied to 

demolition and renovation 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 engaged in converting, or in any 

intermediate step in converting, asbestos ore into commercial asbestos. 

Outside storage of asbestos material is not considered 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 

contains asbestos and is collected by a pollution control device.

    Category I nonfriable asbestos-containing material (ACM) means 

asbestos-containing packings, gaskets, resilient floor covering, and 

asphalt roofing products containing more than 1 percent asbestos as 

determined using the method specified in appendix E, subpart E, 40 CFR 

part 763, section 1, Polarized Light Microscopy.

    Category II nonfriable ACM means any material, excluding Category I 

nonfriable ACM, containing more than 1 percent asbestos as determined 

using the methods 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.

    Commercial asbestos means any material containing asbestos that is 

extracted from ore and has value because of its asbestos content.

    Cutting means to penetrate with a sharp-edged instrument and 

includes sawing, but does not include shearing, slicing, or punching.

    Demolition means the wrecking or taking out of any load-supporting 

structural member of a facility together with any related handling 

operations or the intentional burning of any facility.

    Emergency renovation operation means a renovation operation that was 

not planned but results from a sudden, unexpected event that, if not 

immediately attended to, presents a safety or public health hazard, is 

necessary to protect equipment from damage, or is necessary to avoid 

imposing an unreasonable financial burden. This term includes operations 

necessitated by nonroutine failures of equipment.

    Fabricating means any processing (e.g., cutting, sawing, drilling) 

of a manufactured product that contains commercial asbestos, with the 

exception of processing at temporary sites (field fabricating) for the 

construction or restoration of facilities. In the case of friction 

products, fabricating includes bonding, debonding, grinding, sawing, 

drilling, or other similar operations performed as part of fabricating.

    Facility means any institutional, commercial, public, industrial, or 

residential structure, installation, or building (including any 

structure, installation, or building containing condominiums or 

individual dwelling units operated as a residential cooperative, but 

excluding residential buildings having four or fewer dwelling units);



[[Page 83]]



any ship; and any active or inactive waste disposal site. For purposes 

of this definition, any building, structure, or installation that 

contains a loft used as a dwelling is not considered a residential 

structure, installation, or building. Any structure, installation or 

building that was previously subject to this subpart is not excluded, 

regardless of its current use or function.

    Facility component means any part of a facility including equipment.

    Friable asbestos material means any material containing more than 1 

percent asbestos as determined using the method specified in appendix E, 

subpart E, 40 CFR part 763, section 1, Polarized Light Microscopy, that, 

when dry, can be crumbled, pulverized, or reduced to powder by hand 

pressure. If the asbestos content is less than 10 percent as determined 

by a method other than point counting by polarized light microscopy 

(PLM), verify the asbestos content by point counting using PLM.

    Fugitive source means any source of emissions not controlled by an 

air pollution control device.

    Glove bag means a sealed compartment with attached inner gloves used 

for the handling of asbestos-containing materials. Properly installed 

and used, glove bags provide a small work area enclosure typically used 

for small-scale asbestos stripping operations. Information on glove-bag 

installation, equipment and supplies, and work practices is contained in 

the Occupational Safety and Health Administration's (OSHA's) final rule 

on occupational exposure to asbestos (appendix G to 29 CFR 1926.58).

    Grinding means to reduce to powder or small fragments and includes 

mechanical chipping or drilling.

    In poor condition means the binding of the material is losing its 

integrity as indicated by peeling, cracking, or crumbling of the 

material.

    Inactive waste disposal site means any disposal site or portion of 

it where additional asbestos-containing waste material has not been 

deposited within the past year.

    Installation means any building or structure or any group of 

buildings or structures at a single demolition or renovation site that 

are under the control of the same owner or operator (or owner or 

operator under common control).

    Leak-tight means that solids or liquids cannot escape or spill out. 

It also means dust-tight.

    Malfunction means any sudden and unavoidable failure of air 

pollution control equipment or process equipment or of a process to 

operate in a normal or usual manner so that emissions of asbestos are 

increased. Failures of equipment shall not be considered malfunctions if 

they are caused in any way by poor maintenance, careless operation, or 

any other preventable upset conditions, equipment breakdown, or process 

failure.

    Manufacturing means the combining of commercial asbestos--or, in the 

case of woven friction products, the combining of textiles containing 

commercial asbestos--with any other material(s), including commercial 

asbestos, and the processing of this combination into a product. 

Chlorine production is considered a part of manufacturing.

    Natural barrier means a natural object that effectively precludes or 

deters access. Natural barriers include physical obstacles such as 

cliffs, lakes or other large bodies of water, deep and wide ravines, and 

mountains. Remoteness by itself is not a natural barrier.

    Nonfriable asbestos-containing material means any material 

containing more than 1 percent asbestos as determined using the method 

specified in appendix 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 

necessitated by the routine failure of equipment, which is expected to 

occur within a given period based on past operating experience, but for 

which an exact date cannot be predicted.

    Outside air means the air outside buildings and structures, 

including, but not limited to, the air under a bridge or in an open air 

ferry dock.

    Owner or operator of a demolition or renovation activity means any 

person who owns, leases, operates, controls, or supervises the facility 

being demolished or renovated or any person who



[[Page 84]]



owns, leases, operates, controls, or supervises the demolition or 

renovation operation, or both.

    Particulate asbestos material means finely divided particles of 

asbestos or material containing asbestos.

    Planned renovation operations means a renovation operation, or a 

number of such operations, in which some RACM will be removed or 

stripped within a given period of time and that can be predicted. 

Individual nonscheduled operations are included if a number of such 

operations can be predicted to occur during a given period of time based 

on operating experience.

    Regulated asbestos-containing material (RACM) means (a) Friable 

asbestos material, (b) Category I nonfriable ACM that has become 

friable, (c) Category I nonfriable ACM that will be or has been 

subjected to sanding, grinding, cutting, or abrading, or (d) Category II 

nonfriable ACM that has a high probability of becoming or has become 

crumbled, pulverized, or reduced to powder by the forces expected to act 

on the material in the course of demolition or renovation operations 

regulated by this subpart.

    Remove means to take out RACM or facility components that contain or 

are covered with RACM from any facility.

    Renovation means altering a facility or one or more facility 

components in any way, including the stripping or removal of RACM from a 

facility component. Operations in which load-supporting structural 

members are wrecked or taken out are demolitions.

    Resilient floor covering means asbestos-containing floor tile, 

including asphalt and vinyl floor tile, and sheet vinyl floor covering 

containing more than 1 percent asbestos as determined using polarized 

light microscopy according to the method specified in appendix 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 

components.

    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 operation. This does not include condensed, uncombined water 

vapor.

    Waste generator means any owner or operator of a source covered by 

this subpart whose act or process produces asbestos-containing waste 

material.

    Waste shipment record means the shipping document, required to be 

originated and signed by the waste generator, used to track and 

substantiate the disposition of asbestos-containing waste material.

    Working day means Monday through Friday and includes holidays that 

fall on any of the days Monday through Friday.



[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]



Sec. 61.142  Standard for asbestos mills.



    (a) Each owner or operator of an asbestos mill shall either 

discharge no visible emissions to the outside air from that asbestos 

mill, including fugitive sources, or use the methods specified by 

Sec. 61.152 to clean emissions containing particulate asbestos material 

before they escape to, or are vented to, the outside air.

    (b) Each owner or operator of an asbestos mill shall meet the 

following requirements:

    (1) Monitor each potential source of asbestos emissions from any 

part of the mill facility, including air cleaning devices, process 

equipment, and buildings that house equipment for material processing 

and handling, at least once each day, during daylight hours, for visible 

emissions to the outside air during periods of operation. The monitoring 

shall be by visual observation of at least 15 seconds duration per 

source of emissions.

    (2) Inspect each air cleaning device at least once each week for 

proper operation and for changes that signal the potential for 

malfunction, including, to



[[Page 85]]



the maximum extent possible without dismantling other than opening the 

device, the presence of tears, holes, and abrasions in filter bags and 

for dust deposits on the clean side of bags. For air cleaning devices 

that cannot be inspected on a weekly basis according to this paragraph, 

submit to the Administrator, and revise as necessary, a written 

maintenance plan to include, at a minimum, the following:

    (i) Maintenance schedule.

    (ii) Recordkeeping plan.

    (3) Maintain records of the results of visible emissions monitoring 

and air cleaning device inspections using a format similar to that shown 

in Figures 1 and 2 and include the following:

    (i) Date and time of each inspection.

    (ii) Presence or absence of visible emissions.

    (iii) Condition of fabric filters, including presence of any tears, 

holes, and abrasions.

    (iv) Presence of dust deposits on clean side of fabric filters.

    (v) Brief description of corrective actions taken, including date 

and time.

    (vi) Daily hours of operation for each air cleaning device.

    (4) Furnish upon request, and make available at the affected 

facility during normal business hours for inspection by the 

Administrator, all records required under this section.

    (5) Retain a copy of all monitoring and inspection records for at 

least 2 years.

    (6) Submit semiannually a copy of visible emission monitoring 

records to the Administrator if visible emissions occurred during the 

report period. Semiannual reports shall be postmarked by the 30th day 

following the end of the six-month period.



[[Page 86]]



[GRAPHIC] [TIFF OMITTED] TC01MY92.000





[[Page 87]]





[GRAPHIC] [TIFF OMITTED] TC01MY92.001





[55 FR 48416, Nov. 20, 1990, as amended at 64 FR 7467, Feb. 12, 1999]



Sec. 61.143  Standard for roadways.



    No person may construct or maintain a roadway with asbestos tailings 

or asbestos-containing waste material on that roadway, unless, for 

asbestos tailings.



[[Page 88]]



    (a) It is a temporary roadway on an area of asbestos ore deposits 

(asbestos mine): or

    (b) It is a temporary roadway at an active asbestos mill site and is 

encapsulated with a resinous or bituminous binder. The encapsulated road 

surface must be maintained at a minimum frequency of once per year to 

prevent dust emissions; or

    (c) It is encapsulated in asphalt concrete meeting the 

specifications contained in section 401 of Standard Specifications for 

Construction of Roads and Bridges on Federal Highway Projects, FP-85, 

1985, or their equivalent.



[55 FR 48419, Nov. 20, 1990; 56 FR 1669, Jan. 16, 1991]



Sec. 61.144  Standard for manufacturing.



    (a) Applicability. This section applies to the following 

manufacturing operations using commercial asbestos.

    (1) The manufacture of cloth, cord, wicks, tubing, tape, twine, 

rope, thread, yarn, roving, lap, or other textile materials.

    (2) The manufacture of cement products.

    (3) The manufacture of fireproofing and insulating materials.

    (4) The manufacture of friction products.

    (5) The manufacture of paper, millboard, and felt.

    (6) The manufacture of floor tile.

    (7) The manufacture of paints, coatings, caulks, adhesives, and 

sealants.

    (8) The manufacture of plastics and rubber materials.

    (9) The manufacture of chlorine utilizing asbestos diaphragm 

technology.

    (10) The manufacture of shotgun shell wads.

    (11) The manufacture of asphalt concrete.

    (b) Standard. Each owner or operator of any of the manufacturing 

operations to which this section applies shall either:

    (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 Sec. 61.152 to clean emissions from 

these operations containing particulate asbestos material before they 

escape to, or are vented to, the outside air.

    (3) Monitor each potential source of asbestos emissions from any 

part of the manufacturing facility, including air cleaning devices, 

process equipment, and buildings housing material processing and 

handling equipment, at least once each day during daylight hours for 

visible emissions to the outside air during periods of operation. The 

monitoring shall be by visual observation of at least 15 seconds 

duration per source of emissions.

    (4) Inspect each air cleaning device at least once each week for 

proper operation and for changes that signal the potential for 

malfunctions, including, to the maximum extent possible without 

dismantling other than opening the device, the presence of tears, holes, 

and abrasions in filter bags and for dust deposits on the clean side of 

bags. For air cleaning devices that cannot be inspected on a weekly 

basis according to this paragraph, submit to the Administrator, and 

revise as necessary, a written maintenance plan to include, at a 

minimum, the following:

    (i) Maintenance schedule.

    (ii) Recordkeeping plan.

    (5) Maintain records of the results of visible emission monitoring 

and air cleaning device inspections using a format similar to that shown 

in Figures 1 and 2 and include the following.

    (i) Date and time of each inspection.

    (ii) Presence or absence of visible emissions.

    (iii) Condition of fabric filters, including presence of any tears, 

holes and abrasions.

    (iv) Presence of dust deposits on clean side of fabric filters.

    (v) Brief description of corrective actions taken, including date 

and time.

    (vi) Daily hours of operation for each air cleaning device.

    (6) Furnish upon request, and make available at the affected 

facility during normal business hours for inspection by the 

Administrator, all records required under this section.

    (7) Retain a copy of all monitoring and inspection records for at 

least 2 years.

    (8) Submit semiannually a copy of the visible emission monitoring 

records to the Administrator if visible



[[Page 89]]



emission occurred during the report period. Semiannual reports shall be 

postmarked 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]



Sec. 61.145  Standard for demolition and renovation.



    (a) Applicability. To determine which requirements of paragraphs 

(a), (b), and (c) of this section apply to the owner or operator of a 

demolition or renovation activity and prior to the commencement of the 

demolition or renovation, thoroughly inspect the affected facility or 

part of the facility where the demolition or renovation operation will 

occur for the presence of asbestos, including Category I and Category 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, including the removal of RACM as follows:

    (1) In a facility being demolished, all the requirements of 

paragraphs (b) and (c) of this section apply, except as provided in 

paragraph (a)(3) of this section, if the combined amount of RACM is

    (i) At least 80 linear meters (260 linear feet) on pipes or at least 

15 square meters (160 square feet) on other facility components, or

    (ii) At least 1 cubic meter (35 cubic feet) off facility components 

where the length or area could not be measured previously.

    (2) In a facility being demolished, 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 linear 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 asbestos.

    (3) If the facility is being demolished under an order of a State or 

local government agency, issued because the facility is structurally 

unsound and in danger of imminent collapse, only the requirements of 

paragraphs (b)(1), (b)(2), (b)(3)(iii), (b)(4) (except (b)(4)(viii)), 

(b)(5), and (c)(4) through (c)(9) of this section apply.

    (4) In a facility being renovated, including any individual 

nonscheduled renovation operation, all the requirements of paragraphs 

(b) and (c) of this section apply if the combined amount of RACM to be 

stripped, removed, dislodged, cut, drilled, or similarly disturbed is

    (i) At least 80 linear meters (260 linear feet) on pipes or at least 

15 square meters (160 square feet) on other facility components, or

    (ii) At 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 individual nonscheduled 

operations, predict the combined additive amount of RACM to be removed 

or stripped during a calendar year of January 1 through December 31.

    (iv) To determine whether paragraph (a)(4) of this section applies 

to emergency renovation operations, estimate the combined amount of RACM 

to be removed or stripped as a result of the sudden, unexpected event 

that necessitated the renovation.

    (5) Owners or operators of demolition and renovation operations are 

exempt from the requirements of Secs. 61.05(a), 61.07, and 61.09.

    (b) Notification requirements. Each owner or operator of a 

demolition or renovation activity to which this section applies shall:

    (1) Provide the Administrator with written notice of intention to 

demolish or renovate. Delivery of the notice by U.S. Postal Service, 

commercial delivery service, or hand delivery is acceptable.

    (2) Update notice, as necessary, including when the amount of 

asbestos affected changes by at least 20 percent.

    (3) Postmark or deliver the notice as follows:

    (i) At least 10 working days before asbestos stripping or removal 

work or any other activity begins (such as site



[[Page 90]]



preparation that would break up, dislodge or similarly disturb asbestos 

material), if the operation is described in paragraphs (a) (1) and (4) 

(except (a)(4)(iii) and (a)(4)(iv)) of this section. If the operation is 

as described in paragraph (a)(2) of this section, notification is 

required 10 working days before demolition begins.

    (ii) At least 10 working days 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 ordered according to 

paragraph (a)(3) of this section or, if the operation is a renovation 

described in paragraph (a)(4)(iv) of this section.

    (iv) For asbestos stripping or removal work in a demolition or 

renovation operation, described in paragraphs (a) (1) and (4) (except 

(a)(4)(iii) and (a)(4)(iv)) of this section, and for a demolition 

described in paragraph (a)(2) of this section, that will begin on a date 

other than the one contained in the original notice, notice of the new 

start date must be provided to the Administrator as follows:

    (A) When the asbestos stripping or removal operation or demolition 

operation covered by this paragraph will begin after the date contained 

in the notice,

    (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. Postal Service, 

commercial delivery service, or hand delivery is acceptable.

    (B) When the asbestos stripping or removal operation or demolition 

operation covered by this paragraph will begin on a date earlier than 

the original start date,

    (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 paragraph (a)(2) of this section, 

provide the Administrator written notice of a new start date at least 10 

working days before commencement of demolition. Delivery of updated 

notice by U.S. Postal Service, commercial delivery service, or hand 

delivery is acceptable.

    (C) In no event shall an operation covered by this paragraph begin 

on a date other than the date contained in the written notice of the new 

start date.

    (4) Include the following in the notice:

    (i) An indication of whether the notice is the original or a revised 

notification.

    (ii) Name, address, and telephone number of both the facility owner 

and operator and the asbestos removal contractor owner or operator.

    (iii) Type of operation: demolition or renovation.

    (iv) Description of the facility or affected part of the facility 

including the size (square meters [square feet] and number of floors), 

age, and present and prior use of the facility.

    (v) Procedure, including analytical methods, employed to detect the 

presence of RACM and Category I and Category II nonfriable ACM.

    (vi) Estimate of the approximate amount of RACM to be removed from 

the facility in terms of length of pipe in linear meters (linear feet), 

surface area in square meters (square feet) on other facility 

components, or volume in cubic meters (cubic feet) if off the facility 

components. Also, estimate the approximate amount of Category I and 

Category II nonfriable ACM in the affected part of the facility that 

will not be removed before demolition.

    (vii) Location and street address (including building number or name 

and floor or room number, if appropriate), city, county, and state, of 

the facility being demolished or renovated.

    (viii) Scheduled starting and completion dates of asbestos removal 

work (or any other activity, such as site preparation that would break 

up, dislodge, or similarly disturb asbestos material) in a demolition or 

renovation; planned renovation operations involving individual 

nonscheduled operations shall only include the beginning and ending 

dates of the report period as described in paragraph (a)(4)(iii) of this 

section.



[[Page 91]]



    (ix) Scheduled starting and completion dates of demolition or 

renovation.

    (x) Description of planned demolition or renovation work to be 

performed and method(s) to be employed, including demolition or 

renovation techniques to be used and description of affected facility 

components.

    (xi) Description of work practices and engineering controls to be 

used to comply with the requirements of this subpart, including asbestos 

removal and waste-handling emission control procedures.

    (xii) Name and location of the waste disposal site where the 

asbestos-containing waste material will be deposited.

    (xiii) A certification that at least one person trained as required 

by paragraph (c)(8) of this section will supervise the stripping and 

removal described by this notification. This requirement shall become 

effective 1 year after promulgation of this regulation.

    (xiv) For facilities described in paragraph (a)(3) of this section, 

the name, title, and authority of the State or local government 

representative who has ordered the demolition, the date that the order 

was issued, and the date on which the demolition was ordered to begin. A 

copy of the order shall be attached to the notification.

    (xv) For emergency renovations described in paragraph (a)(4)(iv) of 

this section, the date and hour that the emergency occurred, a 

description of the sudden, unexpected event, and an explanation of how 

the event caused an unsafe condition, or would cause equipment damage or 

an unreasonable financial burden.

    (xvi) Description of procedures to be followed in the event that 

unexpected RACM is found or Category II nonfriable ACM becomes crumbled, 

pulverized, or reduced to powder.

    (xvii) Name, address, and telephone number of the waste transporter.

    (5) The information required in paragraph (b)(4) of this section 

must be reported using a form similiar to that shown in Figure 3.

    (c) Procedures for asbestos emission control. Each owner or operator 

of a demolition or renovation activity to whom this paragraph applies, 

according to paragraph (a) of this section, shall comply with the 

following procedures:

    (1) Remove all RACM from a facility being demolished or renovated 

before any activity begins that would break up, dislodge, or similarly 

disturb the material or preclude access to the material for subsequent 

removal. RACM need not be removed before demolition if:

    (i) It is Category I nonfriable ACM that is not in poor condition 

and is not friable.

    (ii) It is on a facility component that is encased in concrete or 

other similarly hard material and is adequately wet whenever exposed 

during demolition; or

    (iii) It was not accessible for testing and was, therefore, not 

discovered until after demolition began and, as a result of the 

demolition, the material cannot be safely removed. If not removed for 

safety reasons, the exposed RACM and any asbestos-contaminated debris 

must be treated as asbestos-containing waste material and adequately wet 

at all times until disposed of.

    (iv) They are Category II nonfriable ACM and the probability is low 

that the materials will become crumbled, pulverized, or reduced to 

powder during demolition.

    (2) When a facility component that contains, is covered with, or is 

coated with RACM is being taken out of the facility as a unit or in 

sections:

    (i) Adequately wet all RACM exposed during cutting or disjoining 

operations; and

    (ii) Carefully lower each unit or section to the floor and to ground 

level, not dropping, throwing, sliding, or otherwise damaging or 

disturbing the RACM.

    (3) When RACM is stripped from a facility component while it remains 

in place in the facility, adequately wet the RACM during the stripping 

operation.

    (i) In renovation operations, wetting is not required if:

    (A) The owner or operator has obtained prior written approval from 

the Administrator based on a written application that wetting to comply 

with



[[Page 92]]



this paragraph would unavoidably damage equipment or present a safety 

hazard; and

    (B) The owner or operator uses of the following emission control 

methods:

    (1) A local exhaust ventilation and collection system designed and 

operated to capture the particulate asbestos material produced by the 

stripping and removal of the asbestos materials. The system must exhibit 

no visible emissions to the outside air or be designed and operated in 

accordance with the requirements in Sec. 61.152.

    (2) A glove-bag system designed and operated to contain the 

particulate asbestos material produced by the stripping of the asbestos 

materials.

    (3) Leak-tight wrapping to contain all RACM prior to dismantlement.

    (ii) In renovation operations where wetting would result in 

equipment damage or a safety hazard, and the methods allowed in 

paragraph (c)(3)(i) of this section cannot be used, another method may 

be used after obtaining written approval from the Administrator based 

upon a determination that it is equivalent to wetting in controlling 

emissions or to the methods allowed in paragraph (c)(3)(i) of this 

section.

    (iii) A copy of the Administrator's written approval shall be kept 

at the worksite and made available for inspection.

    (4) After a facility component covered with, coated with, or 

containing RACM has been taken out of the facility as a unit or in 

sections pursuant to paragraph (c)(2) of this section, it shall be 

stripped or contained in leak-tight wrapping, except as described in 

paragraph (c)(5) of this section. If stripped, either:

    (i) Adequately wet the RACM during stripping; or

    (ii) Use a local exhaust ventilation and collection system designed 

and operated to capture the particulate asbestos material produced by 

the stripping. The system must exhibit no visible emissions to the 

outside air or be designed and operated in accordance with the 

requirements in Sec. 61.152.

    (5) For large facility components such as reactor vessels, large 

tanks, and steam generators, but not beams (which must be handled in 

accordance with paragraphs (c)(2), (3), and (4) of this section), the 

RACM is not required to be stripped if the following requirements are 

met:

    (i) The component is removed, transported, stored, disposed of, or 

reused without disturbing or damaging the RACM.

    (ii) The component is encased in a leak-tight wrapping.

    (iii) The leak-tight wrapping is labeled according to 

Sec. 61.149(d)(1)(i), (ii), and (iii) during all loading and unloading 

operations and during storage.

    (6) For all RACM, including material that has been removed or 

stripped:

    (i) Adequately wet the material and ensure that it remains wet until 

collected and contained or treated in preparation for disposal in 

accordance with Sec. 61.150; and

    (ii) Carefully lower the material to the ground and floor, not 

dropping, throwing, sliding, or otherwise damaging or disturbing the 

material.

    (iii) Transport the material to the ground via leak-tight chutes or 

containers if it has been removed or stripped more than 50 feet above 

ground level and was not removed as units or in sections.

    (iv) RACM contained in leak-tight wrapping that has been removed in 

accordance with paragraphs (c)(4) and (c)(3)(i)(B)(3) of this section 

need not be wetted.

    (7) When the temperature at the point of wetting is below 0  deg.C 

(32  deg.F):

    (i) The owner or operator need not comply with paragraph (c)(2)(i) 

and the wetting provisions of paragraph (c)(3) of this section.

    (ii) The owner or operator shall remove facility components 

containing, coated with, or covered with RACM as units or in sections to 

the maximum extent possible.

    (iii) During periods when wetting operations are suspended due to 

freezing temperatures, the owner or operator must record the temperature 

in the area containing the facility components at the beginning, middle, 

and end of each workday and keep daily temperature records available for 

inspection by the Administrator during normal business hours at the 

demolition



[[Page 93]]



or renovation site. The owner or operator shall retain the temperature 

records for at least 2 years.

    (8) Effective 1 year after promulgation of this regulation, no RACM 

shall be stripped, removed, or otherwise handled or disturbed at a 

facility regulated by this section unless at least one on-site 

representative, such as a foreman or management-level person or other 

authorized representative, trained in the provisions of this regulation 

and the means of complying with them, is present. Every 2 years, the 

trained on-site individual shall receive refresher training in the 

provisions of this regulation. The required training shall include as a 

minimum: applicability; notifications; material identification; control 

procedures for removals including, at least, wetting, local exhaust 

ventilation, negative pressure enclosures, glove-bag procedures, and 

High Efficiency Particulate Air (HEPA) filters; waste disposal work 

practices; reporting and recordkeeping; and asbestos hazards and worker 

protection. Evidence that the required training has been completed shall 

be posted and made available for inspection by the Administrator at the 

demolition or renovation site.

    (9) For facilities described in paragraph (a)(3) of this section, 

adequately wet the portion of the facility that contains RACM during the 

wrecking operation.

    (10) If a facility is demolished by intentional burning, all RACM 

including Category I and Category II nonfriable ACM must be removed in 

accordance with the NESHAP before burning.



[[Page 94]]



[GRAPHIC] [TIFF OMITTED] TC01MY92.002





[[Page 95]]





[GRAPHIC] [TIFF OMITTED] TC01MY92.003





[55 FR 48419, Nov. 20, 1990; 56 FR 1669, Jan. 16, 1991]



Sec. 61.146  Standard for spraying.



    The owner or operator of an operation in which asbestos-containing 

materials are spray applied shall comply with the following 

requirements:

    (a) For spray-on application on buildings, structures, pipes, and 

conduits, do



[[Page 96]]



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 section.

    (b) For spray-on application of materials that contain 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, on 

equipment and machinery, except as provided in paragraph (c) of this 

section:

    (1) Notify the Administrator at least 20 days before beginning the 

spraying operation. Include the following information in the notice:

    (i) Name and address of owner or operator.

    (ii) Location of spraying operation.

    (iii) Procedures to be followed to meet the requirements of this 

paragraph.

    (2) Discharge no visible emissions to the outside air from spray-on 

application of the asbestos-containing material or use the methods 

specified by Sec. 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 materials where the asbestos 

fibers in the materials are encapsulated with a bituminous or resinous 

binder during spraying and the materials are not friable after drying.

    (d) Owners or operators of sources subject to this paragraph are 

exempt from the requirements of Secs. 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]



Sec. 61.147  Standard for fabricating.



    (a) Applicability. This section applies to the following fabricating 

operations using commercial asbestos:

    (1) The fabrication of cement building products.

    (2) The fabrication of friction products, except those operations 

that primarily install asbestos friction materials on motor vehicles.

    (3) The fabrication of cement or silicate 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 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 Sec. 61.152 to clean emissions 

containing particulate asbestos material before they escape to, or are 

vented to, the outside air.

    (3) Monitor each potential source of asbestos emissions from any 

part of the fabricating facility, including air cleaning devices, 

process equipment, and buildings that house equipment for material 

processing and handling, at least once each day, during daylight hours, 

for visible emissions to the outside air during periods of operation. 

The monitoring shall be by visual observation of at least 15 seconds 

duration per source of emissions.

    (4) Inspect each air cleaning device at least once each week for 

proper operation and for changes that signal the potential for 

malfunctions, including, to the maximum extent possible without 

dismantling other than opening the device, the presence of tears, holes, 

and abrasions in filter bags and for dust deposits on the clean side of 

bags. For air cleaning devices that cannot be inspected on a weekly 

basis according to this paragraph, submit to the Administrator, and 

revise as necessary, a written maintenance plan to include, at a 

minimum, the following:

    (i) Maintenance schedule.

    (ii) Recordkeeping plan.

    (5) Maintain records of the results of visible emission monitoring 

and air cleaning device inspections using a format similar to that shown 

in Figures 1 and 2 and include the following:

    (i) Date and time of each inspection.

    (ii) Presence or absence of visible emissions.

    (iii) Condition of fabric filters, including presence of any tears, 

holes, and abrasions.



[[Page 97]]



    (iv) Presence of dust deposits on clean side of fabric filters.

    (v) Brief description of corrective actions taken, including date 

and time.

    (vi) Daily hours of operation for each air cleaning device.

    (6) Furnish upon request and make available at the affected facility 

during normal business hours for inspection by the Administrator, all 

records required under this section.

    (7) Retain a copy of all monitoring and inspection records for at 

least 2 years.

    (8) Submit semiannually a copy of the visible emission monitoring 

records to the Administrator if visible emission occurred during the 

report period. Semiannual reports shall be postmarked 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]



Sec. 61.148  Standard for insulating materials.



    No owner or operator of a facility may install or reinstall on a 

facility component any insulating materials that contain commercial 

asbestos if the materials are either molded and friable or wet-applied 

and friable after drying. The provisions of this section do not apply to 

spray-applied insulating materials regulated under Sec. 61.146.



[55 FR 48424, Nov. 20, 1990]



Sec. 61.149  Standard for waste disposal for asbestos mills.



    Each owner or operator of any source covered under the provisions of 

Sec. 61.142 shall:

    (a) Deposit all asbestos-containing waste material at a waste 

disposal site operated in accordance with the provisions of Sec. 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 Sec. 61.152 to clean emissions containing 

particulate asbestos material before they escape to, or are vented to, 

the outside air. Dispose of the asbestos waste from control devices in 

accordance with Sec. 61.150(a) or paragraph (c) of this section; and

    (c) Discharge no visible emissions to the outside air during the 

collection, processing, packaging, or on-site transporting of any 

asbestos-containing waste material, or use one of the disposal methods 

specified in paragraphs (c) (1) or (2) of this section, as follows:

    (1) Use a wetting agent as follows:

    (i) Adequately mix all asbestos-containing waste material with a 

wetting agent recommended by the manufacturer 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 particular 

dust by the manufacturer of the agent.

    (ii) Discharge no visible emissions to the outside air from the 

wetting operation or use the methods specified by Sec. 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  deg.C (15  deg.F), as determined 

by an appropriate measurement method with an accuracy of <plus-minus>1 

deg.C (<plus-minus>2  deg.F). During periods when wetting operations are 

suspended, the temperature must be recorded at least at hourly 

intervals, and records must be retained for at least 2 years in a form 

suitable for inspection.

    (2) Use an alternative emission control and waste treatment method 

that has received prior written approval by the Administrator. To obtain 

approval for an alternative method, a written application must be 

submitted to the Administrator demonstrating that the following criteria 

are met:

    (i) The alternative method will control asbestos emissions 

equivalent to currently required methods.

    (ii) The suitability of the alternative method for the intended 

application.

    (iii) The alternative method will not violate other regulations.

    (iv) The alternative method will not result in increased water 

pollution, land pollution, or occupational hazards.

    (d) When waste is transported by vehicle to a disposal site:

    (1) Mark vehicles used to transport asbestos-containing waste 

material during the loading and unloading of the



[[Page 98]]



waste so that the signs are visible. The markings must:

    (i) Be displayed in such a manner and location that a person can 

easily read the legend.

    (ii) Conform to the requirements for 51 cm  x  36 cm (20 in  x  14 

in) upright format signs specified in 29 CFR 1910.145(d)(4) and this 

paragraph; and

    (iii) Display the following legend in the lower panel with letter 

sizes and styles of a visibility at least equal to those specified in 

this paragraph.



                                 Legend

                                 DANGER

                          ASBESTOS DUST HAZARD

                     CANCER AND LUNG DISEASE HAZARD

                        Authorized Personnel Only

                                Notation

               2.5 cm (1 inch) Sans Serif, Gothic or Block

               2.5 cm (1 inch) Sans Serif, Gothic or Block

             1.9 cm (\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, described in paragraph (e)(1) of this section, to the disposal 

site owner or operator at the same time as the asbestos-containing waste 

material is delivered to the disposal site.

    (e) For all asbestos-containing waste material transported off the 

facility site:

    (1) Maintain asbestos waste shipment records, using a form similar 

to that shown in Figure 4, and include the following information:

    (i) The name, address, and telephone number of the waste generator.

    (ii) The name and address of the local, State, or EPA Regional 

agency responsible for administering the asbestos NESHAP program.

    (iii) The quantity of the asbestos-containing waste material in 

cubic meters (cubic yards).

    (iv) The name and telephone number of the disposal site operator.

    (v) The name and physical site location of the disposal site.

    (vi) The date transported.

    (vii) The name, address, and telephone number of the transporter(s).

    (viii) A certification that the contents of this consignment are 

fully and accurately described by proper shipping name and are 

classified, packed, marked, and labeled, and are in all respects in 

proper condition for transport by highway according to applicable 

international and government regulations.

    (2) For waste shipments where a copy of the waste shipment record, 

signed by the owner or operator of the designated disposal site, is not 

received by the waste generator within 35 days of the date the waste was 

accepted by the initial transporter, contact the transporter and/or the 

owner or operator of the designated disposal site to determine the 

status of the waste shipment.

    (3) Report in writing to the local, State, or EPA Regional office 

responsible for administering the asbestos NESHAP program for the waste 

generator if a copy of the waste shipment record, signed by the owner or 

operator of the designated waste disposal site, is not received by the 

waste generator within 45 days of the date the waste was accepted by the 

initial transporter. Include in the report the following information:

    (i) A copy of the waste shipment record for which a confirmation of 

delivery was not received, and

    (ii) A cover letter signed by the waste generator explaining the 

efforts taken to locate the asbestos waste shipment and the results of 

those efforts.

    (4) Retain a copy of all waste shipment records, including a copy of 

the waste shipment record signed by the owner or operator of the 

designated waste disposal site, for at least 2 years.

    (f) Furnish upon request, and make available for inspection by the 

Administrator, all records required under this section.



[[Page 99]]



[GRAPHIC] [TIFF OMITTED] TC01MY92.004





[[Page 100]]





[GRAPHIC] [TIFF OMITTED] TC01MY92.005





[[Page 101]]





[GRAPHIC] [TIFF OMITTED] TC01MY92.006



Sec. 61.150  Standard for waste disposal for manufacturing, fabricating, 

          demolition, renovation, and spraying operations.



    Each owner or operator of any source covered under the provisions of 

Secs. 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 asbestos-containing waste material generated by the 

source, or use one of the emission control and waste treatment methods 

specified in paragraphs (a) (1) through (4) of this section.

    (1) Adequately wet asbestos-containing waste material as follows:

    (i) Mix control device asbestos waste to form a slurry; adequately 

wet other asbestos-containing waste material; and

    (ii) Discharge no visible emissions to the outside air from 

collection, mixing, wetting, and handling operations, or use the methods 

specified by Sec. 61.152 to clean emissions containing particulate 

asbestos material before they escape to, or are vented to, the outside 

air; and

    (iii) After wetting, seal all asbestos-containing waste material in 

leak-tight containers while wet; or, for materials that will not fit 

into containers without additional breaking, put materials into leak-

tight wrapping; and

    (iv) Label the containers or wrapped materials specified in 

paragraph (a)(1)(iii) of this section using warning labels specified by 

Occupational Safety and Health Standards of the Department of Labor, 

Occupational Safety and Health Administration (OSHA) under 29 CFR 

1910.1001(j)(2) or 1926.58(k)(2)(iii). The labels shall be printed in 

letters of sufficient size and contrast so as to be readily visible and 

legible.

    (v) For asbestos-containing waste material to be transported off the 

facility site, label containers or wrapped materials with the name of 

the waste generator and the location at which the waste was generated.



[[Page 102]]



    (2) Process asbestos-containing waste material into nonfriable forms 

as follows:

    (i) Form all asbestos-containing waste material into nonfriable 

pellets or other shapes;

    (ii) Discharge no visible emissions to the outside air from 

collection and processing operations, including incineration, or use the 

method specified by Sec. 61.152 to clean emissions containing 

particulate asbestos material before they escape to, or are vented to, 

the outside air.

    (3) For facilities demolished where the RACM is not removed prior to 

demolition according to Secs. 61.145(c)(1) (i), (ii), (iii), and (iv) or 

for facilities demolished according to Sec. 61.145(c)(9), adequately wet 

asbestos-containing waste material at all times after demolition and 

keep wet during handling and loading for transport to a disposal site. 

Asbestos-containing waste materials covered by this paragraph do not 

have to be sealed in leak-tight containers or wrapping but may be 

transported and disposed of in bulk.

    (4) Use an alternative emission control and waste treatment method 

that has received prior approval by the Administrator according to the 

procedure described in Sec. 61.149(c)(2).

    (5) As applied to demolition and renovation, the requirements of 

paragraph (a) of this section do not apply to Category I nonfriable ACM 

waste and Category II nonfriable ACM waste that did not become crumbled, 

pulverized, or reduced to powder.

    (b) All asbestos-containing waste material 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 Sec. 61.154, or

    (2) An EPA-approved site that converts RACM and asbestos-containing 

waste material into nonasbestos (asbestos-free) material according to 

the provisions of Sec. 61.155.

    (3) The requirements of paragraph (b) of this section do not apply 

to Category I nonfriable ACM that is not RACM.

    (c) Mark vehicles used to transport asbestos-containing waste 

material during the loading and unloading of waste so that the signs are 

visible. The markings must conform to the requirements of 

Secs. 61.149(d)(1) (i), (ii), and (iii).

    (d) For all asbestos-containing waste material transported off the 

facility site:

    (1) Maintain waste shipment records, using a form similar to that 

shown in Figure 4, and include the following information:

    (i) The name, address, and telephone number of the waste generator.

    (ii) The name and address of the local, State, or EPA Regional 

office responsible for administering the asbestos NESHAP program.

    (iii) The approximate quantity in cubic meters (cubic yards).

    (iv) The name and telephone number of the disposal site operator.

    (v) The name and physical site location of the disposal site.

    (vi) The date transported.

    (vii) The name, address, and telephone number of the transporter(s).

    (viii) A certification that the contents of this consignment are 

fully and accurately described by proper shipping name and are 

classified, packed, marked, and labeled, and are in all respects in 

proper condition for transport by highway according to applicable 

international and government regulations.

    (2) Provide a copy of the waste shipment record, described in 

paragraph (d)(1) of this section, to the disposal site owners or 

operators at the same time as the asbestos-containing waste material is 

delivered to the disposal site.

    (3) For waste shipments where a copy of the waste shipment record, 

signed by the owner or operator of the designated disposal site, is not 

received by the waste generator within 35 days of the date the waste was 

accepted by the initial transporter, contact the transporter and/or the 

owner or operator of the designated disposal site to determine the 

status of the waste shipment.

    (4) Report in writing to the local, State, or EPA Regional office 

responsible for administering the asbestos NESHAP program for the waste 

generator if a copy of the waste shipment record, signed by the owner or 

operator of the designated waste disposal site, is not received by the 

waste generator within 45 days of the date the waste



[[Page 103]]



was accepted by the initial transporter. Include in the report the 

following information:

    (i) A copy of the waste shipment record for which a confirmation of 

delivery was not received, and

    (ii) A cover letter signed by the waste generator explaining the 

efforts taken to locate the asbestos waste shipment and the results of 

those efforts.

    (5) Retain a copy of all waste shipment records, including a copy of 

the waste shipment record signed by the owner or operator of the 

designated waste disposal site, for at least 2 years.

    (e) Furnish upon request, and make available for inspection by the 

Administrator, all records required under this section.



[55 FR 48429, Nov. 20, 1990; 56 FR 1669, Jan. 16, 1991]



Sec. 61.151  Standard for inactive waste disposal sites for asbestos 

          mills and manufacturing and fabricating operations.



    Each owner or operator of any inactive waste disposal site that was 

operated by sources covered under Sec. 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 emissions to the outside air from an 

inactive waste disposal site subject to this paragraph; or

    (2) Cover the asbestos-containing waste material with at least 15 

centimeters (6 inches) of compacted nonasbestos-containing material, and 

grow and maintain a cover of vegetation on the area adequate to prevent 

exposure of the asbestos-containing waste material. 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 

centimeters (2 feet) of compacted nonasbestos-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 petroleum-based dust suppression agent that effectively 

binds dust to control surface air emissions may be used instead of the 

methods in paragraphs (a) (1), (2), and (3) of this section. Use the 

agent in the manner and frequency recommended for the particular 

asbestos tailings by the manufacturer of the dust suppression agent to 

achieve and maintain dust control. Obtain prior written approval of the 

Administrator to use other equally effective dust suppression agents. 

For purposes of this paragraph, any used, spent, or other waste oil is 

not considered a dust suppression agent.

    (b) Unless a natural barrier adequately 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 entrances and at intervals of 100 m 

(328 ft) or less along the property line of the site or along the 

perimeter of the sections of the site where asbestos-containing waste 

material was deposited. The warning signs must:

    (i) Be posted in such a manner and location that a person can easily 

read the legend; and

    (ii) Conform to the requirements for 51 cm x 36 cm (20" x 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 Hazardous to Your     14 Point Gothic.

 Health.

------------------------------------------------------------------------





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 

adequately deters public access, supply information enabling the 
Administrator



[[Page 104]]



to determine whether a fence or a natural barrier adequately deters 

access by the general public.

    (c) The owner or operator may use an alternative control method that 

has received prior approval of the Administrator rather than comply with 

the requirements of paragraph (a) or (b) of this section.

    (d) Notify the Administrator in writing at least 45 days prior to 

excavating or otherwise disturbing any asbestos-containing waste 

material that has been deposited at a waste disposal site under this 

section, and follow the procedures specified in the notification. If the 

excavation will begin on a date other than the one contained in the 

original notice, notice of the new start date must be provided to the 

Administrator at least 10 working days before excavation begins and in 

no event shall excavation begin earlier than the date specified in the 

original notification. Include the following information in the notice:

    (1) Scheduled starting and completion dates.

    (2) Reason for disturbing the waste.

    (3) Procedures to be used to control emissions during the 

excavation, storage, transport, and ultimate disposal of the excavated 

asbestos-containing waste material. If deemed necessary, the 

Administrator may require changes in the emission control procedures to 

be used.

    (4) Location of any temporary storage site and the final disposal 

site.

    (e) Within 60 days of a 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 disposal of asbestos-containing 

waste material;

    (2) The survey plot and record of the location and quantity of 

asbestos-containing waste disposed of within the disposal site required 

in Sec. 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]



Sec. 61.152  Air-cleaning.



    (a) The owner or operator who uses air cleaning, as specified in 

Secs. 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 devices, except as noted in 

paragraph (b) of this section, doing all of the following:

    (i) Ensuring that the airflow permeability, as determined by ASTM 

Method D737-75, does not exceed 9 m\3\/min/m\2\ (30 ft\3\/min/ft\2\) for 

woven fabrics or 11\3\/min/m\2\(35 ft\3\/min/ft\2\) for felted fabrics, 

except that 12 m\3\/min/m\2\ (40 ft\3\min/ft\2\) for woven and 14 m\3\/

min/m\2\ (45 ft \3\min/ft\2\) for felted fabrics is allowed for 

filtering 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 devices 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 exceptions to paragraph (a)(1):

    (1) After January 10, 1989, if the use of fabric creates a fire or 

explosion hazard, or the Administrator determines that a fabric filter 

is not feasible, the Administrator may authorize as a substitute the use 

of wet collectors designed to operate with a unit contacting energy of 

at least 9.95 kilopascals (40 inches water gage pressure).



[[Page 105]]



    (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 material.



[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]



Sec. 61.153  Reporting.



    (a) Any new source to which this subpart applies (with the exception 

of sources subject to Secs. 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 Administrator 

postmarked or delivered within 90 days of the effective date. In the 

case of a new source that does not have an initial startup date 

preceding the effective date, the information shall be provided, 

postmarked or delivered, within 90 days of the initial startup date. Any 

owner or operator of an existing source shall provide the following 

information to the Administrator within 90 days of the effective date of 

this subpart unless the owner or operator of the existing source has 

previously provided this information to the Administrator. Any changes 

in the information provided by any existing source shall be provided to 

the Administrator, postmarked or delivered, within 30 days after the 

change.

    (1) A description of the emission control equipment used for each 

process; and

    (i) If the fabric device uses a woven fabric, the airflow 

permeability in m\3\/min/m\2\ 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/m\2\, the minimum thickness in inches, and the airflow permeability 

in m\3\/min/m\2\.

    (2) If a fabric filter device is used to control emissions,

    (i) The airflow permeability in m\3\/min/m\2\ (ft\3\/min/ft\2\) 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/m\2\ (oz/yd\2\), the minimum thickness in millimeters (inches), and 

the airflow permeability in m\3\/min/m\2\ (ft\3\/min/ft\2\).

    (3) If a HEPA filter is used to control emissions, the certified 

efficiency.

    (4) For sources subject to Secs. 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 m\3\/day (yd\3\/day); and

    (iii) The emission control methods used in all stages of waste 

disposal; and

    (iv) The type of disposal site or incineration 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 Secs. 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 

alternative procedures to be used.

    (b) The information required by paragraph (a) of this section must 

accompany the information required by Sec. 61.10. Active waste disposal 

sites subject to Sec. 61.154 shall also comply with this provision. 

Roadways, demolition and renovation, spraying, and insulating materials 

are exempted from the requirements of Sec. 61.10(a). The information 

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]



Sec. 61.154  Standard for active waste disposal sites.



    Each owner or operator of an active waste disposal site that 

receives asbestos-containing waste material from a source covered under 

Sec. 61.149, 61.150, or 61.155 shall meet the requirements of this 

section:



[[Page 106]]



    (a) Either there must be no visible emissions to the outside air 

from any active waste disposal site where asbestos-containing waste 

material has been deposited, or the requirements of paragraph (c) or (d) 

of this section must be met.

    (b) Unless a natural barrier adequately deters access by the general 

public, either warning signs and fencing must be installed and 

maintained as follows, or the requirements of paragraph (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 asbestos-

containing waste material is deposited. The warning signs must:

    (i) Be posted in such a manner and location that a person can easily 

read the legend; and

    (ii) Conform to the requirements of 51 cm  x  36 cm (20" x 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 Hazardous to Your     14 Point Gothic.

 Health.

------------------------------------------------------------------------





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 appropriate information, the 

Administrator will determine whether a fence or a natural barrier 

adequately deters access by the general public.

    (c) Rather than meet the no visible emission requirement of 

paragraph (a) of this section, at the end of each operating day, or at 

least once every 24-hour period while the site is in continuous 

operation, the asbestos-containing waste material that has been 

deposited at the site during the operating day or previous 24-hour 

period shall:

    (1) Be covered with at least 15 centimeters (6 inches) of compacted 

nonasbestos-containing material, or

    (2) Be covered with a resinous or petroleum-based dust suppression 

agent that effectively binds dust and controls wind erosion. Such an 

agent shall be used in the manner and frequency recommended for the 

particular dust by the dust suppression agent manufacturer to achieve 

and maintain dust control. Other equally effective dust suppression 

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 emissions control 

method that has received prior written approval by the Administrator 

according to the procedures described in Sec. 61.149(c)(2).

    (e) For all asbestos-containing waste material received, the owner 

or operator of the active waste disposal site shall:

    (1) Maintain waste shipment records, using a form similar to that 

shown in Figure 4, and include the following information:

    (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 meters (cubic yards).

    (iv) The presence of improperly enclosed or uncovered waste, or any 

asbestos-containing waste material not sealed in leak-tight containers. 

Report in writing to the local, State, or EPA Regional office 

responsible for administering the asbestos NESHAP program for the waste 

generator (identified in the waste shipment record), and, if different, 

the local, State, or EPA Regional office responsible for administering 

the asbestos NESHAP program for the disposal site, by the following 

working day, the presence of a significant amount of improperly enclosed 

or uncovered waste. Submit a copy of the waste shipment record along 

with the report.



[[Page 107]]



    (v) The date of the receipt.

    (2) As soon as possible and no longer than 30 days after receipt of 

the waste, send a copy of the signed waste shipment record to the waste 

generator.

    (3) Upon discovering a discrepancy between the quantity of waste 

designated on the waste shipment records and the quantity actually 

received, attempt to reconcile the discrepancy with the waste generator. 

If the discrepancy is not resolved within 15 days after receiving the 

waste, immediately report in writing to the local, State, or EPA 

Regional office responsible for administering the asbestos NESHAP 

program for the waste generator (identified in the waste shipment 

record), and, if different, the local, State, or EPA Regional office 

responsible for administering the asbestos NESHAP program for the 

disposal site. Describe the discrepancy and attempts to reconcile it, 

and submit a copy of the waste shipment record along with the report.

    (4) Retain a copy of all records and reports required by this 

paragraph for at least 2 years.

    (f) Maintain, until closure, records of the location, depth and 

area, and quantity in cubic meters (cubic yards) of asbestos-containing 

waste material within the disposal site on a map or diagram of the 

disposal area.

    (g) Upon closure, comply with all the provisions of Sec. 61.151.

    (h) Submit to the Administrator, upon closure of the facility, a 

copy of records of asbestos waste disposal locations and quantities.

    (i) Furnish upon request, and make available during normal business 

hours for inspection by the Administrator, all records required under 

this section.

    (j) Notify the Administrator in writing at least 45 days prior to 

excavating or otherwise disturbing any asbestos-containing waste 

material that has been deposited at a waste disposal site and is 

covered. If the excavation will begin on a date other than the one 

contained in the original notice, notice of the new start date must be 

provided to the Administrator at least 10 working days before excavation 

begins and in no event shall excavation begin earlier than the date 

specified in the original notification. Include the following 

information in the notice:

    (1) Scheduled starting and completion dates.

    (2) Reason for disturbing the waste.

    (3) Procedures to be used to control emissions during the 

excavation, storage, transport, and ultimate disposal of the excavated 

asbestos-containing waste material. If deemed necessary, the 

Administrator may require changes in the emission control procedures to 

be used.

    (4) Location of any temporary storage site and the final disposal 

site.



(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]



Sec. 61.155  Standard for operations that convert asbestos-containing 

          waste material into nonasbestos (asbestos-free) material.



    Each owner or operator of an operation that converts RACM and 

asbestos-containing waste material into nonasbestos (asbestos-free) 

material shall:

    (a) Obtain the prior written approval of the Administrator to 

construct the facility. To obtain approval, the owner or operator shall 

provide the Administrator with the following information:

    (1) Application to construct pursuant to Sec. 61.07.

    (2) In addition to the information requirements of Sec. 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 materials by transmission electron microscopy.

    (3) Performance test protocol, including provisions for obtaining 

information required under paragraph (b) of this section.

    (4) The Administrator may require that a demonstration of the 

process be performed prior to approval of the application to construct.

    (b) Conduct a start-up performance test. Test results shall include:

    (1) A detailed description of the types and quantities of 

nonasbestos material,



[[Page 108]]



RACM, and asbestos-containing waste material processed, e.g., asbestos 

cement products, friable asbestos insulation, plaster, wood, plastic, 

wire, etc. Test feed is to include the full range of materials that will 

be encountered in actual operation of the process.

    (2) Results of analyses, using polarized light microscopy, that 

document the asbestos content of the wastes processed.

    (3) Results of analyses, using transmission electron microscopy, 

that document that the output materials are free of asbestos. Samples 

for analysis are to be collected as 8-hour composite samples (one 200-

gram (7-ounce) sample per hour), beginning with the initial introduction 

of RACM or asbestos-containing waste material and continuing until the 

end of the performance test.

    (4) A description of operating parameters, such as temperature and 

residence time, defining the full range over which the process is 

expected to operate to produce nonasbestos (asbestos-free) materials. 

Specify the limits for each operating parameter within which the process 

will produce nonasbestos (asbestos-free) materials.

    (5) The length of the test.

    (c) During the initial 90 days of operation,

    (1) Continuously monitor and log the operating parameters identified 

during start-up performance tests that are intended to ensure the 

production of nonasbestos (asbestos-free) output material.

    (2) Monitor input materials to ensure that they are consistent with 

the test feed materials described during start-up performance tests in 

paragraph (b)(1) of this section.

    (3) Collect and analyze samples, taken as 10-day composite samples 

(one 200-gram (7-ounce) sample collected every 8 hours of operation) of 

all output material for the presence of asbestos. Composite samples may 

be for fewer than 10 days. Transmission electron microscopy (TEM) shall 

be used to analyze the output material for the presence of asbestos. 

During the initial 90-day period, all output materials must be stored 

on-site until analysis shows the material to be asbestos-free or 

disposed of as asbestos-containing waste material according to 

Sec. 61.150.

    (d) After the initial 90 days of operation,

    (1) Continuously monitor and record the operating parameters 

identified during start-up performance testing and any subsequent 

performance testing. Any output produced during a period of deviation 

from the range of operating conditions established to ensure the 

production of nonasbestos (asbestos-free) output materials shall be:

    (i) Disposed of as asbestos-containing waste material according to 

Sec. 61.150, or

    (ii) Recycled as waste feed during process operation within the 

established range of operating conditions, or

    (iii) Stored temporarily on-site in a leak-tight container until 

analyzed for asbestos content. Any product material that is not 

asbestos-free shall be either disposed of as asbestos-containing waste 

material or recycled as waste feed to the process.

    (2) Collect and analyze monthly composite samples (one 200-gram (7-

ounce) sample collected every 8 hours of operation) of the output 

material. Transmission electron microscopy shall be used to analyze the 

output material for the presence of asbestos.

    (e) Discharge no visible emissions to the outside air from any part 

of the operation, or use the methods specified by Sec. 61.152 to clean 

emissions containing particulate asbestos material before they escape 

to, or are vented to, the outside air.

    (f) Maintain records on-site and include the following information:

    (1) Results of start-up performance testing and all subsequent 

performance testing, including operating parameters, feed 

characteristic, and analyses of output materials.

    (2) Results of the composite analyses required during the initial 90 

days of operation under Sec. 61.155(c).

    (3) Results of the monthly composite analyses required under 

Sec. 61.155(d).

    (4) Results of continuous monitoring and logs of process operating 

parameters required under Sec. 61.155 (c) and (d).

    (5) The information on waste shipments received as required in 

Sec. 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



[[Page 109]]



disposal site to which the output materials were sold or deposited, and 

the date of sale or disposal.

    (7) Retain records required by paragraph (f) of this section for at 

least 2 years.

    (g) Submit the following reports to the Administrator:

    (1) A report for each analysis of product composite samples 

performed during the initial 90 days of operation.

    (2) A quarterly report, including the following information 

concerning activities during each consecutive 3-month period:

    (i) Results of analyses of monthly product composite samples.

    (ii) A description of any deviation from the operating parameters 

established during performance testing, the duration of the deviation, 

and steps taken to correct the deviation.

    (iii) Disposition of any product produced during a period of 

deviation, including whether it was recycled, disposed of as asbestos-

containing waste material, or stored temporarily on-site until analyzed 

for asbestos content.

    (iv) The information on waste disposal activities as required in 

Sec. 61.154(f).

    (h) Nonasbestos (asbestos-free) output material is not subject to 

any of the provisions of this subpart. Output materials in which 

asbestos is detected, or output materials produced when the operating 

parameters deviated from those established during the start-up 

performance testing, unless shown by TEM analysis to be asbestos-free, 

shall be considered to be asbestos-containing waste and shall be handled 

and disposed of according to Secs. 61.150 and 61.154 or reprocessed 

while all of the established operating parameters are being met.



[55 FR 48431, Nov. 20, 1990]



Sec. 61.156  Cross-reference to other asbestos regulations.



    In addition to this subpart, the regulations referenced in Table 1 

also apply to asbestos and may be applicable to those sources specified 

in Secs. 61.142 through 61.151, 61.154, and 61.155 of this subpart. 

These cross-references are presented for the reader's information and to 

promote compliance with the cited regulations.



         Table 1--Cross-reference to Other Asbestos Regulations

------------------------------------------------------------------------

      Agency              CFR citation                 Comment

------------------------------------------------------------------------

EPA                 40 CFR part 763,         Requires schools to inspect

                     subpart E.               for asbestos and implement

                                              response actions and

                                              submit asbestos management

                                              plans to States. Specifies

                                              use of accredited

                                              inspectors, air sampling

                                              methods, and waste

                                              disposal procedures.

                    40 CFR part 427........  Effluent standards for

                                              asbestos manufacturing

                                              source categories.

                    40 CFR part 763,         Protects public employees

                     subpart G.               performing asbestos

                                              abatement work in States

                                              not covered by OSHA

                                              asbestos standard.

OSHA                29 CFR 1910.1001.......  Worker protection measures--

                                              engineering controls,

                                              worker training, labeling,

                                              respiratory protection,

                                              bagging of waste, 0.2 f/cc

                                              permissible exposure

                                              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  Specifies exposures limits,

                     D.                       engineering controls, and

                                              respiratory protection

                                              measures for workers in

                                              surface mines.

                    30 CFR part 57, subpart  Specifies exposure limits,

                     D.                       engineering controls, and

                                              respiratory protection

                                              measures for workers in

                                              underground mines.

DOT                 49 CFR parts 171 and     Regulates the

                     172.                     transportation of asbestos-

                                              containing waste material.

                                              Requires waste containment

                                              and shipping papers.

------------------------------------------------------------------------



[55 FR 48432, Nov. 20, 1990, as amended at 60 FR 31920, June 19, 1995]



Sec. 61.157  Delegation of authority.



    (a) In delegating implementation and enforcement authority to a 

State under section 112(d) of the Act, the authorities contained in 

paragraph (b) of this section shall be retained by the Administrator and 

not transferred to a State.

    (b) Authorities that will not be delegated to States:

    (1) Section 61.149(c)(2)

    (2) Section 61.150(a)(4)

    (3) Section 61.151(c)



[[Page 110]]



    (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--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 

Microscopy. The NESHAP classifies ACM as either ``friable'' or 

``nonfriable''. Friable ACM is ACM that, when dry, can be crumbled, 

pulverized or reduced to powder by hand pressure. 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 potential to release fibers when damaged. 

Category 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 membrane systems; asphalt shingles; asphalt-

containing underlayment felts; asphalt-containing roof coatings and 

mastics; and asphalt-containing base flashings. ACM roofing products 

that use other bituminous or resinous binders (such as coal tars or 

pitches) are also considered to be Category I ACM. Category II ACM 

includes all other nonfriable ACM, for example, asbestos-cement (A/C) 

shingles, A/C tiles, and transite boards or panels containing more than 

one percent asbestos. Generally speaking, Category II ACM is more likely 

to become friable when damaged than is Category I ACM. The applicability 

of the NESHAP to Category I and II ACM depends on: (1) the condition of 

the material at the time of demolition or renovation, (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 ``regulated asbestos-containing material'' (RACM). RACM 

is defined in Sec. 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 become crumbled, pulverized, or reduced 

to powder. If the coverage threshold for RACM is met or exceeded in a 

renovation or demolition operation, then all friable ACM in the 

operation, and in certain situations, nonfriable 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 residential buildings containing four or fewer dwelling 

units. 40 CFR 61.141. For other roofing renovation projects, if the 

total asbestos-containing roof area undergoing renovation is less than 

160 ft <SUP>2</SUP>, 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 nonfriable). 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 material, the removal of 5580 ft <SUP>2</SUP> of that 

material will create 160 ft <SUP>2</SUP> of RACM. For the purposes of 

this interpretive rule, ``RB roof cutter'' means an engine-powered roof 

cutting machine with one or more rotating cutting blades the edges of 

which are blunt. (Equipment with blades having sharp or tapered edges, 

and/or which does not use a rotating blade, is used for ``slicing'' 

rather than ``cutting'' the roofing material; such equipment is not 

included in the term ``RB roof cutter''.) 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 

asbestos-containing roofing material, any project that is 5580 ft 

<SUP>2</SUP> or greater is subject to the NESHAP; conversely, 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 asbestos-containing roofing material in a roof removal 

project that is less than 5580 ft <SUP>2</SUP>, the project is not 

subject to the NESHAP, except that notification is always required for 

demolitions. EPA further construes the NESHAP to mean that if slicing or 

other methods that do not sand, grind, cut or abrade will be used on 

Category I nonfriable ACM, the NESHAP does not apply, regardless 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 ft <SUP>2</SUP> and the removal methods will crumble, 

pulverize, reduce to powder, or contaminate with RACM (from other ACM 

that has been crumbled, pulverized or reduced to



[[Page 111]]



powder) 160 ft <SUP>2</SUP> or more of such roofing material, the 

removal is subject to the NESHAP. Conversely, if the area of the A/C 

shingles (or other Category II roofing materials) to be removed is less 

than 160 ft <SUP>2</SUP>, the removal is not subject to the NESHAP 

regardless of the removal 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 possible. If A/C shingles (or other Category II 

roofing materials) are removed without 160 ft <SUP>2</SUP> 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 reduced to powder), the operation is not subject to the 

NESHAP, even where the total area of the roofing material to be removed 

exceeds 160 ft <SUP>2</SUP>; provided, however, that if the renovation 

includes other operations involving RACM, the roof removal operation is 

covered if the total area of RACM from all renovation activities exceeds 

160 ft <SUP>2</SUP>. 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 subject 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 asbestos and if the 

removal operation is covered by the NESHAP, then EPA must be notified 

and the work practices in Sec. 61.145(c) must be followed. In EPA's 

view, if a removal operation involves at least the threshold level of 

suspect material, a roofing contractor 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 becoming or has 

become crumbled, pulverized or reduced to powder by the forces expected 

to act on the material in the course of demolition or renovation 

operations. 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 lowering the shingles to the ground will not result in crumbling, 

pulverizing or reducing the shingles to powder. Conversely, the extent 

of breakage that will normally occur if the A/C shingles are dropped 

from a building or scraped off of a building with heavy machinery 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 provided that the A/C shingles 

are properly handled during and after removal, as discussed in this 

paragraph and the asbestos NESHAP. This interpretation also applies to 

other Category II nonfriable asbestos-containing roofing materials.



 C. Cutting vs. Slicing and Manual Methods for Removal of Category I ACM



    1.C.1. Because of damage to the roofing material, 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 interprets the NESHAP, the 

use of certain manual 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 constitute ``cutting, sanding, grinding or 

abrading.'' This is because these methods do not destroy the structural 

matrix or integrity of the material such that the material is crumbled, 

pulverized or reduced to powder. Hence, it is EPA's interpretation that 

when such methods are used, assuming the roof material 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 roofing material up from the deck after the roof membrane has 

been cut. It is EPA's interpretation that when these machines are used 

to pry roofing material up, their use is not regulated by the NESHAP.

    1.C.3. As noted previously, the NESHAP only applies to the removal 

of asbestos-containing roofing materials. Thus, the NESHAP does not 

apply to the use of RB cutters to remove non-asbestos built up roofing 

(BUR). On roofs containing some asbestos-containing and some non-

asbestos-containing materials, coverage under the NESHAP depends on the 

methods used to remove each type of material in addition to other 

coverage thresholds specified above. For example, it is not uncommon for 

existing 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



[[Page 112]]



ft\2\ or more of the asbestos-containing base flashing or other 

asbestos-containing material 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 constitute 

``demolitions'' as defined in the NESHAP (Sec. 61.141). In particular, 

it is EPA's view that the removal of roofing systems (i.e., the roof 

membrane, insulation, surfacing, coatings, flashings, mastic, shingles, 

and felt underlayment), when such removal is not a part of a demolition 

project, constitutes a ``renovation'' under the NESHAP. If the operation 

is a renovation, and Category I roofing material is being removed using 

either manual methods or slicing, notification 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 required. However, if a roof removal meets the 

applicability and threshold requirements under the NESHAP, then EPA (or 

the delegated agency) must be notified in advance of the removal in 

accordance with the requirements of Sec. 61.145(b), as follows:

    <bullet> Notification must be given in writing at least 10 working 

days in advance and must include the information in Sec. 61.145(b)(4), 

except for emergency renovations as discussed below.

    <bullet> The notice must be updated as necessary, including, for 

example, when the amount of asbestos-containing roofing material 

reported changes by 20 percent or more.

    <bullet> 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 

earlier date, EPA must be provided with a written 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 notified by telephone as soon as 

possible before the original start date and a written notice must be 

sent as soon as possible.

    <bullet> For emergency renovations (as defined in Sec. 61.141), 

where work must begin immediately to avoid safety or public health 

hazards, equipment damage, or unreasonable financial burden, the 

notification must be postmarked or delivered to EPA as soon as possible, 

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 

properly. 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 

(Secs. 61.145(c)(2)(i), (3), (6)(i)) requires that RACM be adequately 

wet (as defined in Sec. 61.141) during the operation that damages or 

disturbs the asbestos material until collected for disposal.

    3.A.3. When using an RB roof cutter (or any other method that sands, 

grinds, cuts or abrades the roofing material) to remove Category I 

asbestos-containing roofing material, the emission control requirements 

of Sec. 61.145(c) apply as discussed in Section I above. EPA will 

consider a roof removal project to be in compliance with the 

``adequately wet'' and ``discharge no visible emission'' 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 certain 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 

Sec. 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 component that remains in place, the 

roof removal 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 proceeding 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 instances, exemptions from the 

wetting requirements 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 alternative control methods (Sec. 61.145(c)(3)(i)(B)).



[[Page 113]]



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 requirements of Sec. 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 (Sec. 61.145(c)(3)(ii) or 

Sec. 61.152(b)(3)).

    3.B.3. An exemption from wetting is also allowed when the air or 

roof surface temperature at the point of wetting is below freezing, as 

specified in Sec. 61.145(c)(7). If freezing 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 

performed and the records of temperature must be retained for at least 2 

years. 42 CFR Sec. 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 

Sec. 61.145(c)(3)(i)(B), or alternative emission control methods that 

have been previously approved by the Administrator. However, such 

written application or approval is required for alternative emission 

control methods that have not been previously approved. Any dust and 

debris collected from cutting must still be kept wet and placed in 

containers. All of the other requirements for notification and waste 

disposal 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 Category I 

nonfriable asbestos-containing roofing material is not subject to the 

NESHAP and can be disposed of as nonasbestos waste. EPA further 

construes the NESHAP to provide that if Category II roofing material 

(such as A/C shingles) is removed and disposed of without crumbling, 

pulverizing, or reducing it to powder, the waste from the removal is not 

subject to the NESHAP waste disposal requirements. EPA also interprets 

the NESHAP to be inapplicable to waste resulting 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 Sec. 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 operated 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 cutting, 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 removal methods do not further 

sand, grind, cut or abrade the roof material). EPA further believes that 

if the roof is not cleaned of such sawdust or debris, i.e., it is 

contaminated, then it must be treated as asbestos-containing waste 

material and be handled in accordance with Sec. 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 containing roofing material, the dust and 

debris resulting from the cutting of the roof should be collected as 

soon as possible after the cutting operation, and kept wet until 

collected and placed in leak-tight containers. EPA believes that where 

the blade guard completely encloses the blade and extends down close to 

the roof surface and is equipped with a device 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 collector 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 remainder 

of the debris as possible. On smooth surfaced roofs (nonaggregate 

roofs), sweeping up the debris and then wet wiping the surface may be 

done in place of using a filtered vacuum cleaner. It is EPA's view that 

if these decontamination procedures are followed, 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 

procedures are followed, if the remaining portions of the roof are non-

asbestos or Category I nonfriable asbestos material, and if the 

remaining portions are removed using removal methods that slice, shear, 

punch or



[[Page 114]]



pry, as discussed in section 1.C above, then the remaining portions do 

not have to be collected and disposed of as asbestos waste and the 

NESHAP's no visible emissions and adequately 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 asbestos waste. Other methods of 

decontamination may not be adequate, and should be approved by the local 

delegated agency.

    3.C.4. In EPA's interpretation, if the debris from the cutting is 

not collected immediately, 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 

emissions, prior to collection as described above. It is EPA's 

interpretation of the NESHAP that if these procedures are followed, the 

remaining 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, provided the roofing 

material is not friable prior to the cutting operation, and provided the 

roofing material has not been made friable by the cutting operation, the 

appearance 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 handled and disposed of as asbestos 

waste. In addition, 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 discussed in paragraphs 3.C.3, 3.C.4 and 3.C.6, the presence of dust 

along the edge of the remaining roof material does not render such 

material ``friable'' for purposes of this interpretive rule or the 

NESHAP, provided the roofing material is not friable prior to the 

cutting operation, and provided that the remaining roofing material near 

the cutline has not been made friable by the cutting operation. 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 interpretation that the use of an encapsulant 

will ensure that such friable material need not be treated or disposed 

of as asbestos containing waste material. The encapsulant may be applied 

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 procedure 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 

decontamination procedures set forth in paragraph 3.C.3 have been 

followed, the NESHAP's no visible emissions and adequately wet 

requirements would be met for the removal, handling and disposal of the 

remaining roofing 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 generator (such as the name of the roofing 

contractor, abatement contractor, and/or building 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 contaminated 

roofing squares, must be taken to a landfill that is operated in 

accordance with Sec. 61.154 or to an EPA-approved site that converts 

asbestos waste to nonasbestos material in accordance with Sec. 61.155. 

During the loading and unloading of affected waste, asbestos warning 

signs must be affixed to the vehicles.



                        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 Sec. 61.150(d). Information that must be maintained for each waste 

load includes the following:

    <bullet> Name, address, and telephone number of the waste generator

    <bullet> Name and address of the local, State, or EPA regional 

office responsible for administering the asbestos NESHAP program

    <bullet> Quantity of waste in cubic meters (or cubic yards)

    <bullet> Name and telephone number of the disposal site operator

    <bullet> Name and physical site location of the disposal site

    <bullet> Date transported

    <bullet> Name, address, and telephone number of the transporter(s)

    <bullet> Certification that the contents meet all government 

regulations for transport by highways.



[[Page 115]]



    4.B.2. The waste generator is responsible for ensuring that a copy 

of the WSR is delivered 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 subject to the NESHAP, at 

least one on-site supervisor trained in the provisions of the NESHAP 

must be present during the removal 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 removal. In addition to the initial 

training requirement, a refresher training course is required 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 regulation. 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 performing 

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, licensing, 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 federal 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 

(Sec. 61.145(c)(8)) apply as discussed in Section I above. It is EPA's 

intention that removal of Category I asbestos-containing roofing 

material 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 requirements, 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 Category II nonfriable ACM are 

not subject to the training requirements where such operations are not 

subject to the NESHAP as discussed in section I above.



[59 FR 31158, June 17, 1994, as amended at 60 FR 31920, June 19, 1995]