APPENDIX D1. ASBESTOS NESHAP 40 CFR 61 Subpart M PRE CAA90 40 CFR PART 61 NESHAP

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1 APPENDIX D1 ASBESTOS NESHAP 40 CFR 61 Subpart M PRE CAA90 40 CFR PART 61 NESHAP

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3 REGULATION STATUS ASBESTOS NESHAP (40 CFR 61 SUBPART M) On 06 Apr 73, EPA issued the initial NESHAP for asbestos after determining that asbestos was associated with asbestosis and certain cancers. The initial asbestos NESHAP covered any institutional commercial and industrial building (including apartment buildings with four or more dwelling units), structure, facility, installation or portion thereof. On 20 Nov 90 (55 FR 48406), EPA revised the Asbestos NESHAP to enhance enforcement and promote compliance with the current standard without altering the stringency of existing controls. Subsequent corrections and amendments are reflected in the latest version of the Code of Federal Regulations, Volume 40, Part 61, Subpart M. RULE SUMMARY The Asbestos NESHAP is intended to minimize the release of asbestos fibers during activities involving the handling of asbestos. Accordingly, it specifies work practices to be followed during renovations of buildings which contain a certain threshold amount of friable asbestos, and during demolitions of all structures, installations, and facilities (except apartment buildings that have no more than four dwelling units). Most often, the Asbestos NESHAP requires action to be taken by the person who owns, leases, operates, controls, or supervises the facility being demolished or renovated (the "owner"), and by the person who owns, leases, operates, controls or supervises the demolition or renovation (the "operator"). The regulations require owners and operators subject to the Asbestos NESHAP to notify delegated State and local agencies and/or their EPA Regional Offices before demolition or renovation activity begins. Applicability This following table of contents for this NESHAP shows the sources and operations which are affected by this NESHAP. Asbestos Mills (40 CFR ) Construction or Maintenance of Roadways (40 CFR ) Manufacturing Operations (40 CFR ) Demolition and Renovation Operations (40 CFR ) Asbestos Containing Material (ACM) Spraying Operations (40 CFR ) Fabricating Operations (40 CFR ) Insulating Materials (40 CFR ) Waste Disposal for Asbestos Mills (40 CFR ) Waste Disposal for Manufacturing; Fabricating; Demolition, Renovation, and Spraying Operations (40 CFR ) D1-1

4 Inactive Waste Disposal Sites for Asbestos Mills and Manufacturing and Fabricating Operations (40 CFR ) Air-Cleaning Devices (40 CFR ) Reporting (40 CFR ) Active Waste Disposal Sites (40 CFR ) Operations that Convert Asbestos-Containing Waste Material into Nonasbestos (Asbestos-Free) Material. (40 CFR ) Cross-Reference to Other Asbestos Regulations (40 CFR ) Delegation of Authority (40 CFR ) Interpretive Rule Governing Roof Removal Operations (Appendix A to Subpart M) Key Definitions Asbestos-containing waste materials means mill tailings or any waste that contains commercial asbestos and is generated by a source subject to the provisions of this subpart. This term includes filters from control devices, friable asbestos waste material, and bags or other similar packaging contaminated with commercial asbestos. As applied to demolition and renovations operations, this term also includes regulated asbestos-containing material waste and materials contaminated with asbestos including disposable equipment and clothing. Category I nonfriable asbestos-containing material (ACM) means asbestos- containing packings, gaskets, resilient floor covering, and asphalt roofing products containing more than 1 percent asbestos as determined using the method specified in appendix A, subpart F, 40 CFR part 763, section 1, 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 A, subpart F, 40 CFR part 763, section 1, Polarized Light Microscopy that, when dry, cannot be crumbled, pulverized, or reduced to powder by hand pressure. 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. 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. Friable asbestos material means any material containing more than 1 percent asbestos as determined using the method specified in appendix A, subpart F, 40 CFR part 763 section 1, Polarized Light Microscopy, that, when dry, can be D1-2

5 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. 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. Nonfriable asbestos-containing material means any material containing more than 1 percent asbestos as determined using the method specified in appendix A, subpart F, 40 CFR part 763, section 1, Polarized Light Microscopy, that, when dry, cannot be crumbled, pulverized, or reduced to powder by hand pressure. 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. Standards The individual standards are not summarized in this appendix. The HAP Status Binder Web Page for this appendix contains links to EPA, OSHA and military web sites that contain extensive policy and guidance on this NESHAP and other related rules. OTHER ASBESTOS REGULATIONS 40 CFR Asbestos Hazard Emergency Response Act (AHERA) The final rule for ACM in schools was published 30 Oct 87 (52 FR 41826). Although many of the regulations are only applicable to schools, the training requirements have beeen applied to all federal facilities. The Naval Facilities Engineering Command recommends following the AHERA regulation for all asbestos-related activity at shore facilities. AHERA provides the technical definitions for asbestos related activities including inventory, assessment, O&M, abatement actions, personnel training, monitoring, inspection, and routine cleaning. AHERA requirements: Identify friable and non-friable asbestos Monitor and periodically reinspect ACM Develop and update management plans D1-3

6 Determine and implement response actions, and O&M plan Notify building occupants and outside contractors of identified ACM Perform all required actions by accredited persons Under AHERA, suspect materials may be assumed to contain ACM. To determine whether suspect materials contain ACM, bulk sampling must be conducted according to AHERA sampling protocol. Samples are required to be analyzed by an accredited laboratory. All friable and non-friable ACM must be located and categorized as to condition. Options for management and control of ACM under AHERA include encapsulation, enclosure, operations and maintenance, and removal. An O&M plan must be implemented where friable ACM is present or assumed to be present. OSHA Construction Standard (29 CFR ), and Environmental Protection Agency (EPA) Worker Protection Rule (40 CFR ) cover workers performing O&M and repair activities. The O&M Program must include surveillance of ACM at least once a year and directions for responding to fiber release episodes. Recordkeeping requirements under AHERA include a detailed written description of the location and amount of asbestos; O&M management plan of any preventative or response action taken involving ACM; and records for air monitoring, training, surveillance, cleaning, fiber release episodes, and re-inspections. Other requirements under AHERA include training and posting of warning labels. 29 CFR OSHA Construction Standard Specifically, this standard covers employees who are likely to engage in demolition or construction activities that expose them to asbestos. Activities may include removal, encapsulation, alteration, repair, maintenance, insulation, spill emergency cleanup, transportation, and disposal and storage of ACM. According to this regulation, building occupants are also considered employees. Asbestos exposure limits include the following: The permissible exposure limit (PEL) is 0.1 fibers per cubic centimeter, (f/cc), 8-hour time weighted average, (8-hr/TWA). TWA refers to exposure over an 8-hour day. The excursion limit is 1.0 f/cc measured over a 30-minute period. If employees are exposed to asbestos at or above the PEL level, the following steps must be initiated by the employer: Provide medical surveillance if the PEL level exceeds 30 or more days a year or if a negative pressure respirator is used; Record employees' exposure to asbestos through daily personal air monitoring; Notify employees of air monitoring results as soon as possible; and, D1-4

7 Inform employees and reduce fiber levels if the PEL or excursion limits are exceeded. If employees are exposed to asbestos that cannot be reduced to below the permissible exposure limit, then the following steps must be taken by the employer: A regulated area must be established when the PEL or excursion limit is exceeded; Access to the regulated area must be limited; A negative pressure enclosure must be established around the regulated area; All persons must be provided with proper respirators; A "competent person" must be present on-site. A "competent person" is equivalent to an AHERA-accredited abatement supervisor/contractor. "Competent person" responsibilities include identifying asbestos hazards, taking corrective actions as appropriate, ensuring the integrity of the negative pressure enclosure, controlling entry to and exit from the asbestos regulated area, ensuring that all employees have proper personal protective equipment (PPE), and that engineering controls are performed correctly. Several engineering and housekeeping controls that can be utilized to reduce exposure include the use of high-efficiency particulate air filter (HEPA) ventilation and vacuums, wet cleaning methods, proper work practices, and personal protective equipment (PPE). Hazard communication measures require the use of warning signs posted outside regulated areas that read as follows: DANGER, ASBESTOS CANCER AND LUNG DISEASE HAZARD AUTHORIZED PERSONNEL ONLY RESPIRATORS AND PROTECTIVE CLOTHING ARE REQUIRED IN THIS AREA Hazard labels are to be attached to products or waste containers containing asbestos and must read as follows: DANGER CONTAINS ASBESTOS FIBERS AVOID CREATING DUST CANCER AND LUNG DISEASE HAZARD D1-5

8 Other requirements under OSHA include training, medical surveillance monitoring, record keeping, and respiratory protection. 29 CFR Asbestos, Tremolite, Anthophylite, and Actinolite This standard defines controlled areas and the PEL level requirements for airborne asbestos; outlines monitoring, air sampling and analysis; and discusses items such as the respiratory protection program warning signs and medical surveillance. This standard generally applies to industry and includes many of the same requirements as 29 CFR FEDERAL GUIDANCE EPA 560/ Guidance For Controlling Asbestos Containing Materials In Buildings This document, also commonly referred to as the "Purple Book," offers guidance on the technical asbestos issues, the identification of asbestos in buildings, planning a control program, and choosing the proper corrective action, if necessary. Chapter 3 provides guidance on establishing an O&M Program and outlines the purpose, participants, and elements of the plan. Much of the information in this section of the "Purple Book" also appears in this O&M Program. EPA 560-OPTS A Guide To Respiratory Protection For The Asbestos Abatement Industry The elements for an asbestos operations respiratory protection program are outlined in this document. Guidance is provided for developing a standard operating procedure for respirator use, such as respirator selection, required training, fit testing, and maintenance. Much of the detailed information concerning respiratory protective equipment program requirements are also outlined in OPNAVINST (Series) and are incorporated into the O&M Program. U.S. NAVY GUIDANCE OPNAVINST (Series), Chapter 17 - Asbestos This instruction provides specific guidance for Navy personnel concerning the control and elimination of asbestos exposure during the use, removal and disposal of ACM. The provisions of this instruction apply to both industrial and construction activities and equal or exceed the OSHA's "General Industry Standard" and "Construction Industry Standard". It also defines the scope and content of an O&M plan. Asbestos Management Program: According to the instruction, an effective asbestos management program consists of the following key elements: Inventory, Assessment, Abatement, Operations and Maintenance (O&M) program and Training. Removal of asbestos is often not the best procedure for managing asbestos. A pro-active, in-place management program D1-6

9 is necessary to manage ACM, thus the O&M program is the cornerstone to responsible management of ACM. Accordingly an Asbestos Program Manager, normally held by the Building Engineer, Facilities Manager, Environmental or Safety and Health Director should be certified. Typical training includes AHERA or state certification as a Building Inspector/Management Planner or Abatement Designer/Abatement Worker. The following flowchart is an overview of the O&M program requirements. D1-7

10 How to Manage Asbestos Containing Material (ACM) Determine responsibility for buildings Determine if your activity has an active ACM O&M program No Do you maintain buildings? (occupied or not) Identify and implement applicable requirements in program Yes Assign/train asbestos program manager. Does O&M program exist? No Prepare O&M program using elements 1-7 Yes Revise and update O&M program (see O&M elements 1-7) No Does program have EPA's 7 elements? Yes Create asbestos oversight committee. Select and train assessment team No Is team training current? Yes Set up priority system No Are buildings prioritized? Update O&M program elements Yes Manage and update O&M program elements Yes Are buildings assessed for ACM? No Assess bldgs; highest priority first D1-8

11 CONTACTS EPA Tom Ripp, (202) Navy Jill Hamilton, NFESC, (805) , DSN 551 Air Force Captain Bob O Brien, IERA, (210) , DSN 240 Army Michael Worsham, AEC, Bryan Nix, ACSIM, D1-9

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