Interpretive Rule for Roof Removal Operations Under the Asbestos NESHAP

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 61

[FRL-4893-5]

Interpretive Rule for Roof Removal Operations Under the Asbestos

NESHAP

AGENCY: Environmental Protection Agency.

ACTION: Interpretive rule.

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SUMMARY: The Environmental Protection Agency (``EPA'') is today

publishing an interpretive rule regarding roof removal operations under

the National Emission Standards for Hazardous Air Pollutants for

Asbestos (``Asbestos NESHAP''). The purpose of the interpretive rule is

to clarify the Asbestos NESHAP as it affects roof removal operations

by: specifying which roof removal operations EPA construes the NESHAP

to cover; and specifying roof removal work practices that EPA deems to

be in compliance with the NESHAP in roofing operations where the NESHAP

applies.

EFFECTIVE DATE: June 17, 1994.

FOR FURTHER INFORMATION CONTACT: Mr. Thomas Ripp at (703) 308-8727 at

U.S. Environmental Protection Agency, Office of Air Quality Planning

and Standards, Stationary Source Compliance Division. For copies,

contact Mr. Larry Tessier at 1-800-368-5888 or at (703) 305-5938.

SUPPLEMENTARY INFORMATION: On November 20, 1990, EPA published in the

Federal Register (55 FR 48406) revisions to the Asbestos NESHAP, which

is codified at 40 CFR part 61, subpart M. Members of the roofing

industry have expressed confusion regarding the asbestos NESHAP and

have requested clarification from EPA with regard to how compliance

with the NESHAP can be achieved for roof removal operations.

EPA is today publishing, as a new appendix A to subpart M of 40 CFR

part 61, the interpretive rule that is set forth below. The purpose of

the interpretive rule is to clarify the Asbestos NESHAP as it affects

roof removal operations by: (i) Specifying which roof removal

operations EPA construes the NESHAP to cover; and (ii) specifying roof

removal work practices that EPA deems to be in compliance with the

NESHAP in roofing operations where the NESHAP applies.

The new appendix A to the Asbestos NESHAP does not supersede, alter

or replace the Asbestos NESHAP; nor does it change the scope or

stringency of the NESHAP. Rather appendix A interprets the NESHAP as it

applies to roof removal operations, in order to provide particularized

guidance which, if followed, would promote compliance with, and more

effective and consistent enforcement of, the NESHAP in such operations.

This interpretive rule is intended as guidance to the roofing industry

and the public and does not constitute an action which is subject to

judicial review under section 307(b)(1) of the Clean Air Act, 42 U.S.C.

7607(b)(1), or under the Administrative Procedure Act, 5 U.S.C. 704. In

addition, because the rule prescribed in this notice is an interpretive

rule and does not promulgate or revise a standard or regulation listed

in section 307(d)(1) of the Clean Air Act (42 U.S.C. 7607(d)(1)), the

procedural requirements for rulemaking under the Clean Air Act and the

Administrative Procedure Act do not apply to this action. See 42 U.S.C.

7607(d); 5 U.S.C. 553(b).

It is the present intent of EPA that if this interpretive rule is

revoked or withdrawn before new regulations regarding asbestos

emissions or work practices for handling of asbestos containing

materials during roof removal operations under the Clean Air Act are

promulgated by EPA, then EPA shall replace the interpretive rule with

another interpretation or guidance document that would address how the

NESHAP applies to roof removal in renovation and demolition operations.

It is also the present intent of EPA that prior to replacing or

substantially revising this interpretive rule, EPA would consult with

the public regarding such action.

List of Subjects in 40 CFR Part 61

Air pollution control, Asbestos.

Dated: May 31, 1994.

Mary D. Nichols,

Assistant Administrator, Office of Air and Radiation.

40 CFR part 61 is amended as follows:

1. The authority citation for part 61 continues to read as follows:

Authority: Secs. 101, 112, 114, 116, 301, Clean Air Act as

amended (42 U.S.C. 7401, 7412, 7414, 7416, 7601).

Subpart M--[Amended]

2. Appendix A is added to subpart M to read as follows:

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 A, subpart F, 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 ft2, the NESHAP does not apply,

regardless of the removal method to be used, the type of material

(Category I or II), or its condition (friable versus 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 ft2 of that material will create

160 ft2 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 ft2 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 ft2, 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 ft2 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 powder) 160

ft2 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

ft2, 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 ft2 or more of such roofing

material being crumbled, pulverized, reduced to powder, or

contaminated with RACM (from other ACM that has been crumbled,

pulverized or 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 ft2; 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 ft2. See the definition of

regulated asbestos-containing material (RACM), 40 CFR 61.141.

1.A.3. Only roofing material that meets the definition of ACM

can qualify as RACM 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 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:

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.

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.

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.

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)). 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 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:

Name, address, and telephone number of the waste

generator

Name and address of the local, State, or EPA regional

office responsible for administering the asbestos NESHAP program

Quantity of waste in cubic meters (or cubic yards)

Name and telephone number of the disposal site operator

Name and physical site location of the disposal site

Date transported

Name, address, and telephone number of the

transporter(s)

Certification that the contents meet all government

regulations for transport by highways.

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.

[FR Doc. 94-14815 Filed 6-16-94; 8:45 am]

BILLING CODE 6560-50-P3