40 CFR Appendix A to Subpart M of

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					                                                                   Pt. 61, Subpt. M, App. A                                                40 CFR Ch. I (7–1–11 Edition)

                                                                     (1)   Section   61.149(c)(2)                            cut, or abraded; or (4) Category II nonfriable
                                                                     (2)   Section   61.150(a)(4)                            ACM that has already been or is likely to be-
                                                                     (3)   Section   61.151(c)                               come crumbled, pulverized, or reduced to
                                                                     (4)   Section   61.152(b)(3)                            powder. If the coverage threshold for RACM
                                                                     (5)   Section   61.154(d)                               is met or exceeded in a renovation or demoli-
                                                                                                                             tion operation, then all friable ACM in the
                                                                     (6)   Section   61.155(a).
                                                                                                                             operation, and in certain situations, nonfri-
                                                                   [55 FR 48433, Nov. 20, 1990]                              able ACM in the operation, are subject to the
                                                                   APPENDIX A TO SUBPART M OF PART
                                                                      61—INTERPRETIVE RULE GOVERNING                              A. Threshold Amounts of Asbestos-
                                                                      ROOF REMOVAL OPERATIONS                                        Containing Roofing Material
                                                                                                                               1.A.1. The NESHAP does not cover roofing
                                                                       I. Applicability of the Asbestos NESHAP
                                                                                                                             projects on single family homes or on resi-
                                                                      1.1. Asbestos-containing material (ACM) is             dential buildings containing four or fewer
                                                                   material containing more than one percent                 dwelling units. 40 CFR 61.141. For other roof-
                                                                   asbestos as determined using the methods                  ing renovation projects, if the total asbestos-
                                                                   specified in appendix E, subpart E, 40 CFR                containing roof area undergoing renovation
                                                                   part 763, section 1, Polarized Light Micros-              is less than 160 ft2, the NESHAP does not
                                                                   copy. The NESHAP classifies ACM as either                 apply, regardless of the removal method to
                                                                   ‘‘friable’’ or ‘‘nonfriable’’. Friable ACM is             be used, the type of material (Category I or
                                                                   ACM that, when dry, can be crumbled, pul-                 II), or its condition (friable versus nonfri-
                                                                   verized or reduced to powder by hand pres-                able). 40 CFR 61.145(a)(4). However, EPA
                                                                   sure. Nonfriable ACM is ACM that, when dry,               would recommend the use of methods that
                                                                   cannot be crumbled, pulverized or reduced to              damage asbestos-containing roofing material
                                                                   powder by hand pressure.                                  as little as possible. EPA has determined
                                                                      1.2. Nonfriable ACM is further classified as           that where a rotating blade (RB) roof cutter
                                                                   either Category I ACM or Category II ACM.                 or equipment that similarly damages the
                                                                   Category I ACM and Category II ACM are                    roofing material is used to remove Category
                                                                   distinguished from each other by their po-                I nonfriable asbestos-containing roofing ma-
                                                                   tential to release fibers when damaged. Cat-
                                                                                                                             terial, the removal of 5580 ft2 of that mate-
                                                                   egory I ACM includes asbestos-containing
                                                                                                                             rial will create 160 ft2 of RACM. For the pur-
                                                                   gaskets, packings, resilient floor coverings,
                                                                                                                             poses of this interpretive rule, ‘‘RB roof cut-
                                                                   resilient floor covering mastic, and asphalt
                                                                                                                             ter’’ means an engine-powered roof cutting
                                                                   roofing products containing more than one
                                                                                                                             machine with one or more rotating cutting
                                                                   percent asbestos. Asphalt roofing products
                                                                                                                             blades the edges of which are blunt. (Equip-
                                                                   which may contain asbestos include built-up
                                                                                                                             ment with blades having sharp or tapered
                                                                   roofing; asphalt-containing single ply mem-
                                                                                                                             edges, and/or which does not use a rotating
                                                                   brane systems; asphalt shingles; asphalt-con-
                                                                                                                             blade, is used for ‘‘slicing’’ rather than ‘‘cut-
                                                                   taining underlayment felts; asphalt-con-
                                                                   taining roof coatings and mastics; and as-                ting’’ the roofing material; such equipment
                                                                   phalt-containing base flashings. ACM roofing              is not included in the term ‘‘RB roof cut-
                                                                   products that use other bituminous or res-                ter’’.) Therefore, it is EPA’s interpretation
                                                                   inous binders (such as coal tars or pitches)              that when an RB roof cutter or equipment
                                                                   are also considered to be Category I ACM.                 that similarly damages the roofing material
                                                                   Category II ACM includes all other nonfri-                is used to remove Category I nonfriable as-
                                                                   able ACM, for example, asbestos-cement (A/                bestos-containing roofing material, any
                                                                   C) shingles, A/C tiles, and transite boards or            project that is 5580 ft2 or greater is subject to
                                                                   panels containing more than one percent as-               the NESHAP; conversely, it is EPA’s inter-
                                                                   bestos. Generally speaking, Category II ACM               pretation that when an RB roof cutter or
                                                                   is more likely to become friable when dam-                equipment that similarly damages the roof-
                                                                   aged than is Category I ACM. The applica-                 ing material is used to remove Category I
                                                                   bility of the NESHAP to Category I and II                 nonfriable asbestos-containing roofing mate-
                                                                   ACM depends on: (1) the condition of the ma-              rial in a roof removal project that is less
                                                                   terial at the time of demolition or renova-               than 5580 ft2, the project is not subject to the
                                                                   tion, (2) the nature of the operation to which            NESHAP, except that notification is always
                                                                   the material will be subjected, (3) the                   required for demolitions. EPA further con-
                                                                   amount of ACM involved.                                   strues the NESHAP to mean that if slicing
                                                                      1.3. Asbestos-containing material regulated            or other methods that do not sand, grind, cut
                                                                   under the NESHAP is referred to as ‘‘regu-                or abrade will be used on Category I nonfri-
                                                                   lated asbestos-containing material’’ (RACM).              able ACM, the NESHAP does not apply, re-
                                                                   RACM is defined in § 61.141 of the NESHAP                 gardless of the area of roof to be removed.
                                                                   and includes: (1) friable asbestos-containing               1.A.2. For asbestos cement (A/C) shingles
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                                                                   material; (2) Category I nonfriable ACM that              (or other Category II roofing material), if the
                                                                   has become friable; (3) Category I nonfriable             area of the roofing material to be removed is
                                                                   ACM that has been or will be sanded, ground,              at least 160 ft2 and the removal methods will


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                                                                   Environmental Protection Agency                                              Pt. 61, Subpt. M, App. A
                                                                   crumble, pulverize, reduce to powder, or con-             ering the shingles to the ground will not re-
                                                                   taminate with RACM (from other ACM that                   sult in crumbling, pulverizing or reducing
                                                                   has been crumbled, pulverized or reduced to               the shingles to powder. Conversely, the ex-
                                                                   powder) 160 ft2 or more of such roofing mate-             tent of breakage that will normally occur if
                                                                   rial, the removal is subject to the NESHAP.               the A/C shingles are dropped from a building
                                                                   Conversely, if the area of the A/C shingles (or           or scraped off of a building with heavy ma-
                                                                   other Category II roofing materials) to be re-            chinery would cause the shingles to become
                                                                   moved is less than 160 ft2, the removal is not            RACM.     EPA     therefore    construes   the
                                                                   subject to the NESHAP regardless of the re-               NESHAP to mean that the removal of A/C
                                                                   moval method used, except that notification               shingles that are not friable, using methods
                                                                   is always required for demolitions. 40 CFR                that do not crumble, pulverize, or reduce the
                                                                   61.145(a). However, EPA would recommend                   A/C shingles to powder (such as pry bars,
                                                                   the use of methods that damage asbestos-                  spud bars and shovels to carefully pry the
                                                                   containing roofing material as little as pos-             material), is not subject to the NESHAP pro-
                                                                   sible. If A/C shingles (or other Category II              vided that the A/C shingles are properly han-
                                                                   roofing materials) are removed without 160                dled during and after removal, as discussed
                                                                   ft2 or more of such roofing material being                in this paragraph and the asbestos NESHAP.
                                                                   crumbled, pulverized, reduced to powder, or               This interpretation also applies to other Cat-
                                                                   contaminated with RACM (from other ACM                    egory II nonfriable asbestos-containing roof-
                                                                   that has been crumbled, pulverized or re-                 ing materials.
                                                                   duced to powder), the operation is not sub-
                                                                   ject to the NESHAP, even where the total                   C. Cutting vs. Slicing and Manual Methods
                                                                   area of the roofing material to be removed                      for Removal of Category I ACM
                                                                   exceeds 160 ft2; provided, however, that if the             1.C.1. Because of damage to the roofing ma-
                                                                   renovation includes other operations involv-              terial, and the potential for fiber release,
                                                                   ing RACM, the roof removal operation is                   roof removal operations using rotating blade
                                                                   covered if the total area of RACM from all                (RB) roof cutters or other equipment that
                                                                   renovation activities exceeds 160 ft2. See the            sand, grind, cut or abrade the roof material
                                                                   definition of regulated asbestos-containing               are subject to the NESHAP. As EPA inter-
                                                                   material (RACM), 40 CFR 61.141.                           prets the NESHAP, the use of certain man-
                                                                      1.A.3. Only roofing material that meets the            ual methods (using equipment such as axes,
                                                                   definition of ACM can qualify as RACM sub-                hatchets, or knives, spud bars, pry bars, and
                                                                   ject to the NESHAP. Therefore, to determine               shovels, but not saws) or methods that slice,
                                                                   if a removal operation that meets or exceeds              shear, or punch (using equipment such as a
                                                                   the coverage threshold is subject to the                  power slicer or power plow) does not con-
                                                                   NESHAP, any suspect roofing material (i.e.                stitute ‘‘cutting, sanding, grinding or abrad-
                                                                   roofing material that may be ACM) should                  ing.’’ This is because these methods do not
                                                                   be tested for asbestos. If any such roofing               destroy the structural matrix or integrity of
                                                                   material contains more than one percent as-               the material such that the material is crum-
                                                                   bestos and if the removal operation is cov-               bled, pulverized or reduced to powder. Hence,
                                                                   ered by the NESHAP, then EPA must be no-                  it is EPA’s interpretation that when such
                                                                   tified and the work practices in § 61.145(c)              methods are used, assuming the roof mate-
                                                                   must be followed. In EPA’s view, if a re-                 rial is not friable, the removal operation is
                                                                   moval operation involves at least the thresh-             not subject to the regulation.
                                                                   old level of suspect material, a roofing con-               1.C.2. Power removers or power tear-off
                                                                   tractor may choose not to test for asbestos if            machines are typically used to pry the roof-
                                                                   the contractor follows the notification and               ing material up from the deck after the roof
                                                                   work practice requirements of the NESHAP.                 membrane has been cut. It is EPA’s interpre-
                                                                                                                             tation that when these machines are used to
                                                                     B. A/C Shingle Removal (Category II ACM
                                                                                                                             pry roofing material up, their use is not reg-
                                                                                                                             ulated by the NESHAP.
                                                                     1.B.1. A/C shingles, which are Category II                1.C.3. As noted previously, the NESHAP
                                                                   nonfriable ACM, become regulated ACM if                   only applies to the removal of asbestos-con-
                                                                   the material has a high probability of be-                taining    roofing    materials.   Thus,   the
                                                                   coming or has become crumbled, pulverized                 NESHAP does not apply to the use of RB
                                                                   or reduced to powder by the forces expected               cutters to remove non-asbestos built up roof-
                                                                   to act on the material in the course of demo-             ing (BUR). On roofs containing some asbes-
                                                                   lition or renovation operations. 40 CFR                   tos-containing and some non-asbestos-con-
                                                                   61.141. However, merely breaking an A/C                   taining materials, coverage under the
                                                                   shingle (or any other category II ACM) that               NESHAP depends on the methods used to re-
                                                                   is not friable may not necessarily cause the              move each type of material in addition to
                                                                   material to become RACM. A/C shingles are                 other coverage thresholds specified above.
                                                                   typically nailed to buildings on which they               For example, it is not uncommon for exist-
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                                                                   are attached. EPA believes that the extent of             ing roofs to be made of non-asbestos BUR
                                                                   breakage that will normally result from                   and base flashings that do contain asbestos.
                                                                   carefully removing A/C shingles and low-                  In that situation, EPA construes the


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                                                                   Pt. 61, Subpt. M, App. A                                                 40 CFR Ch. I (7–1–11 Edition)
                                                                   NESHAP to be inapplicable to the removal of                           III. Emission Control Practices
                                                                   the non-asbestos BUR using an RB cutter so
                                                                   long as the RB cutter is not used to cut 5580               A. Requirements To Adequately Wet and
                                                                   ft2 or more of the asbestos-containing base                      Discharge No Visible Emission
                                                                   flashing or other asbestos-containing mate-                  3.A.1. The principal controls contained in
                                                                   rial into sections. In addition, the use of               the NESHAP for removal operations include
                                                                   methods that slice, shear, punch or pry could             requirements that the affected material be
                                                                   then be used to remove the asbestos                       adequately wetted, and that asbestos waste
                                                                   flashings and not trigger coverage under the              be handled, collected, and disposed of prop-
                                                                   NESHAP.                                                   erly. The requirements for disposal of waste
                                                                                                                             materials are discussed separately in section
                                                                                      II. Notification                       IV below. The emission control requirements
                                                                      2.1. Notification for a demolition is always           discussed in this section III apply only to
                                                                   required under the NESHAP. However, EPA                   roof removal operations that are covered by
                                                                   believes that few roof removal jobs con-                  the NESHAP as set forth in Section I above.
                                                                   stitute ‘‘demolitions’’ as defined in the                    3.A.2. For any operation subject to the
                                                                   NESHAP (§ 61.141). In particular, it is EPA’s             NESHAP, the regulation (§§ 61.145(c)(2)(i), (3),
                                                                   view that the removal of roofing systems                  (6)(i)) requires that RACM be adequately wet
                                                                   (i.e., the roof membrane, insulation, sur-                (as defined in § 61.141) during the operation
                                                                   facing, coatings, flashings, mastic, shingles,            that damages or disturbs the asbestos mate-
                                                                   and felt underlayment), when such removal                 rial until collected for disposal.
                                                                   is not a part of a demolition project, con-                  3.A.3. When using an RB roof cutter (or any
                                                                   stitutes a ‘‘renovation’’ under the NESHAP.               other method that sands, grinds, cuts or ab-
                                                                   If the operation is a renovation, and Cat-                rades the roofing material) to remove Cat-
                                                                   egory I roofing material is being removed                 egory I asbestos-containing roofing material,
                                                                   using either manual methods or slicing, noti-             the emission control requirements of
                                                                   fication is not required by the NESHAP. If                § 61.145(c) apply as discussed in Section I
                                                                   Category II material is not friable and will              above. EPA will consider a roof removal
                                                                   be removed without crumbling, pulverizing,                project to be in compliance with the ‘‘ade-
                                                                   or reducing it to powder, no notification is              quately wet’’ and ‘‘discharge no visible emis-
                                                                   required. Also, if the renovation involves less           sion’’ requirements of the NESHAP if the RB
                                                                   than the threshold area for applicability as              roof cutter is equipped and operated with the
                                                                   discussed above, then no notification is re-              following: (1) a blade guard that completely
                                                                   quired. However, if a roof removal meets the              encloses the blade and extends down close to
                                                                   applicability and threshold requirements                  the roof surface; and (2) a device for spraying
                                                                   under the NESHAP, then EPA (or the dele-                  a fine mist of water inside the blade guard,
                                                                   gated agency) must be notified in advance of              and which device is in operation during the
                                                                   the removal in accordance with the require-               cutting of the roof.
                                                                   ments of § 61.145(b), as follows:
                                                                      • Notification must be given in writing at              B. Exemptions From Wetting Requirements
                                                                   least 10 working days in advance and must                    3.B.1. The NESHAP provides that, in cer-
                                                                   include the information in § 61.145(b)(4), ex-            tain instances, wetting may not be required
                                                                   cept for emergency renovations as discussed               during the cutting of Category I asbestos
                                                                   below.                                                    roofing material with an RB roof cutter. If
                                                                      • The notice must be updated as necessary,             EPA      determines      in   accordance    with
                                                                   including, for example, when the amount of                § 61.145(c)(3)(i), that wetting will unavoidably
                                                                   asbestos-containing roofing material re-                  damage the building, equipment inside the
                                                                   ported changes by 20 percent or more.                     building, or will present a safety hazard
                                                                      • EPA must be notified if the start date of            while stripping the ACM from a facility com-
                                                                   the roof removal changes. If the start date of            ponent that remains in place, the roof re-
                                                                   a roof removal project is changed to an ear-              moval operation will be exempted from the
                                                                   lier date, EPA must be provided with a writ-              requirement to wet during cutting. EPA
                                                                   ten notice of the new start date at least 10              must have sufficient written information on
                                                                   working days in advance. If the start date                which to base such a decision. Before pro-
                                                                   changes to a later date, EPA must be noti-                ceeding with a dry removal, the contractor
                                                                   fied by telephone as soon as possible before              must have received EPA’s written approval.
                                                                   the original start date and a written notice              Such exemptions will be made on a case-by-
                                                                   must be sent as soon as possible.                         case basis.
                                                                      • For emergency renovations (as defined in                3.B.2. It is EPA’s view that, in most in-
                                                                   § 61.141), where work must begin immediately              stances, exemptions from the wetting re-
                                                                   to avoid safety or public health hazards,                 quirements are not necessary. Where EPA
                                                                   equipment damage, or unreasonable finan-                  grants an exemption from wetting because of
                                                                   cial burden, the notification must be post-               the potential for damage to the building,
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                                                                   marked or delivered to EPA as soon as pos-                damage to equipment within the building or
                                                                   sible, but no later than the following work               a safety hazard, the NESHAP specifies alter-
                                                                   day.                                                      native control methods (§ 61.145(c)(3)(i)(B)).


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                                                                   Environmental Protection Agency                                              Pt. 61, Subpt. M, App. A
                                                                   Alternative control methods include (a) the               the cut (the sawdust or debris) is considered
                                                                   use of local exhaust ventilation systems that             asbestos containing waste subject to § 61.150
                                                                   capture the dust, and do not produce visible              of the NESHAP, provided the coverage
                                                                   emissions, or (b) methods that are designed               thresholds discussed above in section 1 are
                                                                   and operated in accordance with the require-              met or exceeded. This sawdust or debris
                                                                   ments of § 61.152, or (c) other methods that              must be disposed of at a disposal site oper-
                                                                   have received the written approval of EPA.                ated in accordance with the NESHAP. It is
                                                                   EPA will consider an alternative emission                 also EPA’s interpretation of the NESHAP
                                                                   control method in compliance with the                     that if the remainder of the roof is free of
                                                                   NESHAP if the method has received written                 the sawdust and debris generated by the cut-
                                                                   approval from EPA and the method is being                 ting, or if such sawdust or debris is collected
                                                                   implemented consistent with the approved                  as discussed below in paragraphs 3.C.3, 3.C.4,
                                                                   procedures (§ 61.145(c)(3)(ii) or § 61.152(b)(3)).        3.C.5 and 3.C.6, the remainder of the roof can
                                                                      3.B.3. An exemption from wetting is also               be disposed of as nonasbestos waste because
                                                                   allowed when the air or roof surface tem-                 it is considered to be Category I nonfriable
                                                                   perature at the point of wetting is below                 material (as long as the remainder of the
                                                                   freezing, as specified in § 61.145(c)(7). If freez-       roof is in fact nonasbestos material or if it is
                                                                   ing temperatures are indicated as the reason              Category I asbestos material and the re-
                                                                   for not wetting, records must be kept of the              moval methods do not further sand, grind,
                                                                   temperature at the beginning, middle and                  cut or abrade the roof material). EPA fur-
                                                                   end of the day on which wetting is not per-               ther believes that if the roof is not cleaned of
                                                                   formed and the records of temperature must                such sawdust or debris, i.e., it is contami-
                                                                   be retained for at least 2 years. 42 CFR                  nated, then it must be treated as asbestos-
                                                                   § 61.145(c)(7)(iii). It is EPA’s interpretation           containing waste material and be handled in
                                                                   that in such cases, no written application to,            accordance with § 61.150.
                                                                   or written approval by the Administrator is                 3.C.3. In order to be in compliance with the
                                                                   needed for using emission control methods                 NESHAP while using an RB roof cutter (or
                                                                   listed in § 61.145(c)(3)(i)(B), or alternative            device that similarly damages the roofing
                                                                   emission control methods that have been                   material) to cut Category I asbestos con-
                                                                   previously approved by the Administrator.                 taining roofing material, the dust and debris
                                                                   However, such written application or ap-                  resulting from the cutting of the roof should
                                                                   proval is required for alternative emission               be collected as soon as possible after the cut-
                                                                                                                             ting operation, and kept wet until collected
                                                                   control methods that have not been pre-
                                                                                                                             and placed in leak-tight containers. EPA be-
                                                                   viously approved. Any dust and debris col-
                                                                                                                             lieves that where the blade guard completely
                                                                   lected from cutting must still be kept wet
                                                                                                                             encloses the blade and extends down close to
                                                                   and placed in containers. All of the other re-
                                                                                                                             the roof surface and is equipped with a de-
                                                                   quirements for notification and waste dis-
                                                                                                                             vice for spraying a fine mist of water inside
                                                                   posal would continue to apply as described
                                                                                                                             the blade guard, and the spraying device is in
                                                                   elsewhere in this notice and the Asbestos
                                                                                                                             operation during the cutting, most of the
                                                                                                                             dust and debris from cutting will be confined
                                                                          C. Waste Collection and Handling                   along the cut. The most efficient methods to
                                                                                                                             collect the dust and debris from cutting are
                                                                     3.C.1. It is EPA’s interpretation that waste            to immediately collect or vacuum up the
                                                                   resulting from slicing and other methods                  damaged material where it lies along the cut
                                                                   that do not cut, grind, sand or abrade Cat-               using a filtered vacuum cleaner or debris col-
                                                                   egory I nonfriable asbestos-containing roof-              lector that meets the requirements of 40 CFR
                                                                   ing material is not subject to the NESHAP                 61.152 to clean up as much of the debris as
                                                                   and can be disposed of as nonasbestos waste.              possible, or to gently sweep up the bulk of
                                                                   EPA further construes the NESHAP to pro-                  the debris, and then use a filtered vacuum
                                                                   vide that if Category II roofing material                 cleaner that meets the requirements of 40
                                                                   (such as A/C shingles) is removed and dis-                CFR 61.152 to clean up as much of the re-
                                                                   posed of without crumbling, pulverizing, or               mainder of the debris as possible. On smooth
                                                                   reducing it to powder, the waste from the re-             surfaced roofs (nonaggregate roofs), sweep-
                                                                   moval is not subject to the NESHAP waste                  ing up the debris and then wet wiping the
                                                                   disposal requirements. EPA also interprets                surface may be done in place of using a fil-
                                                                   the NESHAP to be inapplicable to waste re-                tered vacuum cleaner. It is EPA’s view that
                                                                   sulting from roof removal operations that do              if these decontamination procedures are fol-
                                                                   not meet or exceed the coverage thresholds                lowed, the remaining roofing material does
                                                                   described in section I above. Of course, other            not have to be collected and disposed of as
                                                                   State, local, or Federal regulations may                  asbestos waste. Additionally, it is EPA’s
                                                                   apply.                                                    view that where such decontamination pro-
                                                                     3.C.2. It is EPA’s interpretation that when             cedures are followed, if the remaining por-
                                                                   an RB roof cutter, or other method that                   tions of the roof are non-asbestos or Cat-
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                                                                   similarly damages the roofing material, is                egory I nonfriable asbestos material, and if
                                                                   used to cut Category I asbestos containing                the remaining portions are removed using re-
                                                                   roofing material, the damaged material from               moval methods that slice, shear, punch or


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                                                                   Pt. 61, Subpt. M, App. A                                                40 CFR Ch. I (7–1–11 Edition)
                                                                   pry, as discussed in section 1.C above, then              waste material. The encapsulant may be ap-
                                                                   the remaining portions do not have to be col-             plied to the friable material after the roofing
                                                                   lected and disposed of as asbestos waste and              material has been collected into stacks for
                                                                   the NESHAP’s no visible emissions and ade-                subsequent disposal as nonasbestos waste. It
                                                                   quately wet requirements are not applicable               is EPA’s view that if the encapsulation pro-
                                                                   to the removal of the remaining portions. In              cedure set forth in this paragraph is followed
                                                                   EPA’s interpretation, the failure of a filtered           in operations where roofing material near
                                                                   vacuum cleaner or debris collector to collect             the cutline has been rendered friable by the
                                                                   larger chunks or pieces of damaged roofing                use of an RB roof cutter, and if the decon-
                                                                   material created by the RB roof cutter does               tamination procedures set forth in paragraph
                                                                   not require the remaining roofing material                3.C.3 have been followed, the NESHAP’s no
                                                                   to be handled and disposed of as asbestos                 visible emissions and adequately wet re-
                                                                   waste, provided that such visible chunks or               quirements would be met for the removal,
                                                                   pieces of roofing material are collected (e.g.            handling and disposal of the remaining roof-
                                                                   by gentle sweeping) and disposed of as asbes-             ing material.
                                                                   tos waste. Other methods of decontamina-                    3.C.6. As one way to comply with the
                                                                   tion may not be adequate, and should be ap-               NESHAP, the dust and debris from cutting
                                                                   proved by the local delegated agency.                     can be placed in leak-tight containers, such
                                                                     3.C.4. In EPA’s interpretation, if the debris           as plastic bags, and the containers labeled
                                                                   from the cutting is not collected imme-                   using warning labels required by OSHA (29
                                                                   diately, it will be necessary to lightly mist             CFR 1926.58). In addition, the containers
                                                                   the dust or debris, until it is collected, as             must have labels that identify the waste gen-
                                                                   discussed above, and placed in containers.                erator (such as the name of the roofing con-
                                                                   The dust or debris should be lightly misted               tractor, abatement contractor, and/or build-
                                                                   frequently enough to prevent the material                 ing owner or operator) and the location of
                                                                   from drying, and to prevent airborne emis-                the site at which the waste was generated.
                                                                   sions, prior to collection as described above.
                                                                   It is EPA’s interpretation of the NESHAP                                  IV. Waste Disposal
                                                                   that if these procedures are followed, the re-
                                                                   maining roofing material does not have to be                          A. Disposal Requirements
                                                                   collected and disposed of as asbestos waste,
                                                                                                                                4.A.1. Section 61.150(b) requires that, as
                                                                   as long as the remaining roof material is in
                                                                                                                             soon as is practical, all collected dust and
                                                                   fact nonasbestos material or if it is Category
                                                                                                                             debris from cutting as well as any contami-
                                                                   I asbestos material and the removal methods
                                                                                                                             nated roofing squares, must be taken to a
                                                                   do not further sand, grind, cut or abrade the
                                                                                                                             landfill that is operated in accordance with
                                                                   roof material.
                                                                                                                             § 61.154 or to an EPA-approved site that con-
                                                                     3.C.5. It is EPA’s interpretation that, pro-
                                                                                                                             verts asbestos waste to nonasbestos material
                                                                   vided the roofing material is not friable
                                                                                                                             in accordance with § 61.155. During the load-
                                                                   prior to the cutting operation, and provided
                                                                   the roofing material has not been made fri-               ing and unloading of affected waste, asbestos
                                                                   able by the cutting operation, the appear-                warning signs must be affixed to the vehi-
                                                                   ance of rough, jagged or damaged edges on                 cles.
                                                                   the remaining roofing material, due to the                            B. Waste Shipment Record
                                                                   use of an RB roof cutter, does not require
                                                                   that such remaining roofing material be han-                4.B.1. For each load of asbestos waste that
                                                                   dled and disposed of as asbestos waste. In ad-            is regulated under the NESHAP, a waste
                                                                   dition, it is also EPA’s interpretation that if           shipment record (WSR) must be maintained
                                                                   the sawdust or debris generated by the use of             in accordance with § 61.150(d). Information
                                                                   an RB roof cutter has been collected as dis-              that must be maintained for each waste load
                                                                   cussed in paragraphs 3.C.3, 3.C.4 and 3.C.6,              includes the following:
                                                                   the presence of dust along the edge of the re-              • Name, address, and telephone number of
                                                                   maining roof material does not render such                the waste generator
                                                                   material ‘‘friable’’ for purposes of this inter-            • Name and address of the local, State, or
                                                                   pretive rule or the NESHAP, provided the                  EPA regional office responsible for admin-
                                                                   roofing material is not friable prior to the              istering the asbestos NESHAP program
                                                                   cutting operation, and provided that the re-                • Quantity of waste in cubic meters (or
                                                                   maining roofing material near the cutline                 cubic yards)
                                                                   has not been made friable by the cutting op-                • Name and telephone number of the dis-
                                                                   eration. Where roofing material near the                  posal site operator
                                                                   cutline has been made friable by the use of                 • Name and physical site location of the
                                                                   the RB cutter (i.e. where such remaining                  disposal site
                                                                   roofing material near the cutline can be                    • Date transported
                                                                   crumbled, pulverized or reduced to powder                   • Name, address, and telephone number of
                                                                   using hand pressure), it is EPA’s interpreta-             the transporter(s)
                                                                                                                               • Certification that the contents meet all
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                                                                   tion that the use of an encapsulant will en-
                                                                   sure that such friable material need not be               government regulations for transport by
                                                                   treated or disposed of as asbestos containing             highways.


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                                                                   Environmental Protection Agency                                                                        § 61.161
                                                                     4.B.2. The waste generator is responsible                  rial using hatchets, axes, knives, and/or the
                                                                   for ensuring that a copy of the WSR is deliv-                use of spud bars, pry bars and shovels to lift
                                                                   ered to the disposal site along with the waste               the roofing material, or similar removal
                                                                   shipment. If a copy of the WSR signed by the                 methods that slice, punch, or shear the roof
                                                                   disposal site operator is not returned to the                membrane are not subject to the training re-
                                                                   waste generator within 35 days, the waste                    quirements, since these methods do not
                                                                   generator must contact the transporter and/                  cause the roof removal to be subject to the
                                                                   or the disposal site to determine the status                 NESHAP. Likewise, it is EPA’s intention
                                                                   of the waste shipment. 40 CFR 61.150(d)(3). If               that roof removal operations involving Cat-
                                                                   the signed WSR is not received within 45                     egory II nonfriable ACM are not subject to
                                                                   days, the waste generator must report, in                    the training requirements where such oper-
                                                                   writing, to the responsible NESHAP program                   ations are not subject to the NESHAP as dis-
                                                                   agency and send along a copy of the WSR. 40                  cussed in section I above.
                                                                   CFR 61.150(d)(4). Copies of WSRs, including                  [59 FR 31158, June 17, 1994, as amended at 60
                                                                   those signed by the disposal site operator,                  FR 31920, June 19, 1995]
                                                                   must be retained for at least 2 years. 40 CFR
                                                                                                                                Subpart  N—National     Emission
                                                                                           V. Training                             Standard for Inorganic Ar-
                                                                      5.1. For those roof removals that are sub-                   senic Emissions From Glass
                                                                   ject to the NESHAP, at least one on-site su-                    Manufacturing Plants
                                                                   pervisor trained in the provisions of the
                                                                   NESHAP must be present during the re-
                                                                   moval of the asbestos roofing material. 40                     SOURCE: 51 FR 28025, Aug. 4, 1986, unless
                                                                   CFR 61.145(c)(8). In EPA’s view, this person                 otherwise noted.
                                                                   can be a job foreman, a hired consultant, or
                                                                   someone who can represent the building                       § 61.160 Applicability and designation
                                                                   owner or contractor responsible for the re-                       of source.
                                                                   moval. In addition to the initial training re-                  (a) The source to which this subpart
                                                                   quirement, a refresher training course is re-                applies is each glass melting furnace
                                                                   quired every 2 years. The NESHAP training                    that uses commercial arsenic as a raw
                                                                   requirements became effective on November                    material. This subpart does not apply
                                                                   20, 1991.
                                                                                                                                to pot furnaces.
                                                                      5.2. Asbestos training courses developed
                                                                   specifically to address compliance with the                     (b) Rebricking is not considered con-
                                                                   NESHAP in roofing work, as well as courses                   struction or modification for the pur-
                                                                   developed for other purposes can satisfy this                poses of § 61.05(a).
                                                                   requirement of the NESHAP, as long as the
                                                                   course covers the areas specified in the regu-               § 61.161 Definitions.
                                                                   lation. EPA believes that Asbestos Hazard                       The terms used in this subpart are
                                                                   Emergency Response Act (AHERA) training                      defined in the Clean Air Act, in § 61.02,
                                                                   courses will, for example, satisfy the
                                                                                                                                or in this section as follows:
                                                                   NESHAP training requirements. However,
                                                                   nothing in this interpretive rule or in the                     Arsenic-containing glass type means
                                                                   NESHAP shall be deemed to require that                       any glass that is distinguished from
                                                                   roofing contractors or roofing workers per-                  other glass solely by the weight per-
                                                                   forming operations covered by the NESHAP                     cent of arsenic added as a raw material
                                                                   must be trained or accredited under AHERA,                   and by the weight percent of arsenic in
                                                                   as amended by the Asbestos School Hazard                     the glass produced. Any two or more
                                                                   Abatement Reauthorization Act (ASHARA).                      glasses that have the same weight per-
                                                                   Likewise, state or local authorities may
                                                                                                                                cent of arsenic in the raw materials as
                                                                   independently impose additional training, li-
                                                                   censing, or accreditation requirements on                    well as in the glass produced shall be
                                                                   roofing contractors performing operations                    considered to belong to one arsenic-
                                                                   covered by the NESHAP, but such additional                   containing glass type, without regard
                                                                   training, licensing or accreditation is not                  to the recipe used or any other charac-
                                                                   called for by this interpretive rule or the fed-             teristics of the glass or the method of
                                                                   eral NESHAP.                                                 production.
                                                                      5.3. For removal of Category I asbestos                      By-pass the control device means to
                                                                   containing roofing material where RB roof                    operate the glass melting furnace with-
                                                                   cutters or equipment that similarly damages
                                                                   the asbestos-containing roofing material are
                                                                                                                                out operating the control device to
                                                                   used, the NESHAP training requirements                       which that furnace’s emissions are di-
                                                                                                                                rected routinely.
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                                                                   (§ 61.145(c)(8)) apply as discussed in Section I
                                                                   above. It is EPA’s intention that removal of                    Commercial arsenic means any form of
                                                                   Category I asbestos-containing roofing mate-                 arsenic that is produced by extraction


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