Asbestos Worker Protection; Asbestos-Containing Materials in Schools; Proposed Rule

Federal RegisterNov 1, 1994

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 763

[OPPTS-62125; FRL-3801-3]

RIN: 2070-AC66

Asbestos Worker Protection; Asbestos-Containing Materials in

Schools; Proposed Amendment

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: EPA is proposing to amend the Asbestos Abatement Projects;

Worker Protection Rule (EPA WPR), by incorporating revised Occupational

Safety and Health Administration (OSHA) asbestos workplace standards

issued since the EPA WPR was promulgated in 1987. The proposed rule

would generally extend the coverage provided under the 1986 OSHA

Asbestos Standard for Construction to State and local government

employees who are not covered by OSHA- or EPA-approved State plans.

(The EPA WPR now applies solely to asbestos abatement projects). EPA

also proposes to extend coverage provided under the OSHA Asbestos

Standard for General Industry for automotive brake and clutch repair.

The proposed revisions to the EPA WPR do not include final amendments

to the OSHA asbestos standards published in the Federal Register of

August 10, 1994. EPA intends to expedite additional rulemaking that

would extend provisions of the new amendments to the OSHA asbestos

standards as they apply to the public sector worker population covered

by the EPA WPR. The proposed rule would also clarify that State and

local government employees include prisoners and students employed in

State and local government construction, or vehicular maintenance work

where asbestos exposure may be encountered in the workplace. EPA also

proposes to delegate authority to grant or deny State exclusions under

the WPR to EPA Regional Administrators, and to add compliance and

enforcement requirements for State exclusions. In addition, EPA is

proposing to amend the Asbestos-Containing Materials in Schools Rule

(Asbestos in Schools Rule), issued under Title II of the Toxic

Substances Control Act (TSCA), the Asbestos Hazard Emergency Response

Act (AHERA), by deleting certain worker protection provisions extended

through the Asbestos in Schools Rule, under the EPA WPR, and by

incorporating all worker protection provisions in the EPA WPR.

DATES: Written comments must be received by EPA no later than January

3, 1995. If a person requests time for oral comment by January 3, 1995,

EPA will hold an informal hearing in Washington, DC. If a hearing is

requested, the exact time and location of the hearing will be published

in the Federal Register.

ADDRESSES: Comments should be submitted in triplicate to: TSCA Docket

Receipts (7407), Office of Pollution Prevention and Toxics,

Environmental Protection Agency, Rm. E-G99, 401 M St., SW., Washington,

DC 20460, Attention: OPPTS-62125.

Comments containing confidential business information (CBI) should

be submitted in triplicate to: TSCA Document Receipt (7407), Office of

Pollution Prevention and Toxics, Environmental Protection Agency, E-

G99, 401 M St., SW., Washington, DC 20460, Attention: OPPTS-62125. A

sanitized copy of comments for which confidentiality claims are made

must be provided in triplicate to the TSCA Nonconfidential Information

Center (NCIC), also know as, the TSCA Public Docket Office. Unit XIV of

this preamble contains additional information about CBI claims.

FOR FURTHER INFORMATION CONTACT: Susan B. Hazen, Director,

Environmental Assistance Division (7408), Office of Pollution

Prevention and Toxics, Rm. E-545, 401 M St., SW., Washington, DC 20460,

Telephone: (202) 554-1404, TDD: 202-554-0551.

SUPPLEMENTARY INFORMATION:

I. Authority

Section 6(a) of TSCA authorizes EPA to regulate a chemical

substance or mixture if EPA finds that the manufacturing, processing,

distribution in commerce, use, or disposal of the substance or mixture,

or any combination of these activities, presents, or will present, an

unreasonable risk of injury to health or the environment. Among the

requirements that EPA may impose are those in section 6(a)(5) and

6(a)(6). Section 6(a)(5) of TSCA authorizes EPA to prohibit or

otherwise regulate any manner or method of commercial use of a chemical

substance or mixture. Section 6(a)(6) of TSCA authorizes EPA to

prohibit or otherwise regulate any manner or method of disposal of a

chemical substance or mixture, or any article containing that substance

or mixture, by any person who uses or disposes of it for commercial

purposes.

The asbestos present in public buildings, or in vehicles or other

products owned and maintained in public buildings, was sold as a

commercial product. Therefore, construction work or brake repair is

commercial activity, subject to section 6(a)(5) of TSCA. The removal of

asbestos is considered disposal for commercial purposes subject to

section 6(a)(6).

Section 203 of TSCA (TSCA Title II, AHERA), requires EPA to

promulgate regulations for inspection of, and appropriate response to,

asbestos-containing materials in schools that are under the authority

of local educational agencies.

Sections 6 and 203 of TSCA authorize EPA to promulgate regulations

to protect State and local government employees who engage in asbestos

work activities who are not otherwise covered under OSHA's Asbestos

Standard for the Construction Industry (29 CFR 1926.58), OSHA's

Asbestos Standard for General Industry (20 CFR 1910.1001), or OSHA-

approved State plans that implement OSHA regulations.

II. Background

In 1987, EPA promulgated the Asbestos Abatement Projects; Worker

Protection Rule (EPA WPR), which extended to State and local government

employees engaged in asbestos abatement projects the provisions of the

revised OSHA Asbestos Standard for Construction. The 1987 WPR, which

replaced the 1986 WPR, provided additional coverage to State and local

government abatement workers by incorporating the revised asbestos

workplace standard permissible exposure limit (PEL) of 0.2 fibers/cubic

centimeters of air (0.2 f/cc), averaged over an 8-hour day, among other

revisions.

In the 1987 WPR, EPA retained, in Secs. 763.120, 763.124, 763.125,

and 763.126, the same language concerning the scope of the WPR,

reporting requirements, enforcement, and inspections as in the 1986

WPR. However, in the 1987 WPR, EPA replaced Sec. 763.121 of the 1986

WPR and established new requirements for the protection of State and

local government asbestos abatement workers, and in Sec. 763.122,

provisions for States to be excluded from the WPR if States had

regulations that are at least as stringent as the WPR.

The OSHA Asbestos Standards were challenged in a lawsuit in 1987.

In 1988, the U.S. Court of Appeals for the District of Columbia upheld

the OSHA standard in most respects, but remanded several issues (BCTD,

AFL-CIO v. Brock, 838 F.2d 1258 (D.C. Cir., 1988)). In partial

response, on September 14, 1988 (53 FR 35629), OSHA issued an amendment

which established a short-term exposure (or excursion) limit and other

minor changes. On December 20, 1989 (54 FR 52024), OSHA issued an

amendment to the Asbestos Standard in response to three of the Court

remand issues that: (1) Rescinded OSHA's ban on the spraying of

asbestos; (2) clarified when construction employers must resume

periodic monitoring; and (3) deferred clarification of the small-scale,

short-duration exemption in the construction industry to a later

rulemaking.

On February 5, 1990 (55 FR 3724), OSHA issued another amendment to

the OSHA Asbestos Standards in response to the second group of court

remand issues that: (1) Expanded its ban on workplace smoking and

increased training requirements covering the availability of smoking

control programs; (2) strengthened warning signs and label

requirements; and (3) explained how and why OSHA's respirator

requirements reduced employee risk below that remaining at the PEL.

OSHA has published a proposed rule (55 FR 29712, July 20, 1990) to

address the remaining remand issues.

III. Relationship of the EPA WPR to the OSHA Asbestos Standard for

Construction

EPA first issued its Worker Protection Rule in 1986 to apply to

asbestos abatement projects using State and local government employees

not covered by the OSHA Asbestos Standard for Construction or by OSHA-

approved State plans. The EPA WPR was revised in 1987, generally

incorporating and applying provisions of the 1986 OSHA Asbestos

Standard for Construction to State and local government employees

engaged in asbestos abatement projects.

However, the 1987 EPA WPR differs from the OSHA Asbestos Standard

for Construction in several areas, discussed in this unit and in unit

V. of this preamble, as a result of EPA's more limited scope of

coverage and/or EPA's own assessment of the relative merits of various

methods for controlling hazards to workers.

OSHA's 1986 Asbestos Standard for Construction applies generally to

all ``construction work'' where asbestos is present, as defined under

29 CFR 1910.12(b) and 1926.58(a). In contrast, EPA's 1987 WPR applies

only to asbestos abatement projects using State and local government

employees who are not otherwise covered by the OSHA Asbestos Standard

for Construction, or under OSHA- or EPA-approved State plans. Unlike

the OSHA Asbestos Standard for Construction, the 1987 EPA WPR defines

``asbestos abatement projects'' as any activity involving the removal,

enclosure, or encapsulation of friable asbestos material. The

activities included in the definition of ``asbestos abatement

projects'' are a subset of the definition of ``construction work'' in

the OSHA Asbestos Standard for Construction.

The 1987 EPA WPR also differs from OSHA's Asbestos Standard for

Construction in retaining the 1986 reporting requirements for asbestos

abatement projects covered by this proposed rule. Under Sec. 763.124,

employers, with certain exceptions, must notify EPA that they intend to

undertake an asbestos abatement project covered by the rule at least 10

days before they begin abatement, except one that involves less than

either 3 linear or 3 square feet of friable asbestos material, or an

emergency project. EPA considers these requirements necessary to

monitor compliance with the general provisions of the rule. OSHA has

proposed certain notification requirements under its proposed revision

to the Asbestos Standard for Construction (55 FR 29712, July 20, 1990).

The revisions would require a notification, comparable to that

presently required under the EPA WPR, by any employer planning to

perform any work covered by the OSHA Asbestos Standard for

Construction.

The definition of ``asbestos'' in the 1986 EPA WPR, and retained in

the 1987 WPR, differs from that defined in the OSHA asbestos standard.

The definition of ``asbestos'' in the OSHA standard does not

distinguish between the asbestiform and nonasbestiform varieties of

minerals. The definition in the EPA WPR applies only to the asbestiform

varieties of the asbestos minerals and is consistent with definitions

of asbestos adopted by EPA in other regulations, including an Advance

Notice of Proposed Rulemaking (ANPR), published in the Federal Register

of October 17, 1979 (44 FR 60061), Notice of Proposed Rulemaking,

published January 29, 1986 (51 FR 3738), and in the Final Rule,

published July 12, 1989 (54 FR 29460), Asbestos: Manufacture,

Importation, Processing, and Distribution in Commerce Prohibitions.

The 1987 WPR also differs from the OSHA Asbestos Standard for

Construction (29 CFR 1926.58), in that several appendices to the OSHA

standard were omitted.

The proposed revisions to the EPA WPR do not include final

amendments to the OSHA asbestos standards published in the Federal

Register of August 10, 1994 (59 FR 40963). EPA intends to expedite

additional rulemaking to extend provisions of the new amendments to the

OSHA asbestos standards that would be applicable to the public sector

worker population covered by the EPA WPR.

IV. Relationship of the Asbestos in Schools Rule to the EPA WPR

The current (1987) EPA WPR covers State and local government

employees, including employees of public schools, who are involved in

asbestos abatement projects (40 CFR 763.121(b)). The Asbestos in

Schools Rule, issued under the authority of AHERA, extends coverage of

the WPR to employees of public school systems when they are performing

operations, maintenance and repair (O&M) activities (40 CFR 763.91

(b)). Private school employees, performing asbestos abatement and O&M

work are covered by OSHA's Asbestos Standard for Construction, as are

other private sector employees.

Since public school employees would be covered directly under the

EPA WPR, as well as all other public sector employees, Appendix B to

Subpart E of the Asbestos in Schools Rule (40 CFR 763.80) would be

moved from Subpart E and incorporated in the WPR as Appendix G to

Subpart G. Appendix B to Subpart E is comparable to Appendix G of the

OSHA Asbestos Standard for Construction (Work Practices and Engineering

Controls for Small-Scale, Short-Duration Asbestos Renovation and

Maintenance Activities - Non-mandatory).

V. Extended Training Requirements of the Asbestos Model

Accreditation Plan (MAP) Under the Asbestos School Hazard Abatement

Reauthorization Act of 1990 (ASHARA)

AHERA required States to adopt, through an EPA-established Model

Accreditation Plan (MAP), minimum training requirements for persons

performing asbestos inspections, preparing management plans, designing

asbestos abatement plans, or conducting asbestos abatement projects in

schools. The Asbestos School Hazard Abatement Reauthorization Act of

1990, (ASHARA), amended AHERA to require EPA to revise the MAP, expand

the scope of training, and extend certain of the training and

accreditation requirements that apply to schools to public and

commercial buildings. This requirement took effect on November 28,

1992. Thus, some State and local government employees covered by the

EPA WPR for abatement projects currently need training specified by the

MAP.

In order to avoid duplication of training, EPA will consider MAP

contractor/supervisor accreditation sufficient to meet the training

requirements for competent persons specified in Sec. 763.121(e)(6)(iii)

of the regulatory text, and MAP worker training sufficient for

compliance with the employee training requirements specified in

Sec. 763.121(k)(3).

Interested parties are encouraged to consult the Federal Register

of February 3, 1994 (59 FR 5236), or EPA Docket OPPTS-62107A, for more

information on the expansion of asbestos MAP training and accreditation

requirements to workers in public and commercial buildings.

VI. Proposed Amendments to 1987 EPA WPR

This unit of the Preamble discusses proposed revisions to the 1987

EPA WPR. The major changes include:

Adopting provisions from the current OSHA Asbestos

Standards to add an excursion limit to regulate short-term exposure to

asbestos, delete the ban on spray application of asbestos-containing

materials, expand the regulation of smoking activities, and provide

information about smoking cessation programs.

Deleting exemptions from initial air monitoring and

labeling based upon certain conditions.

Expanding covered work activities from asbestos abatement

work to construction work and to brake and clutch repair workers.

Adding appendices to govern work practices for

construction and brake and clutch repair work.

Correcting the scope of the exemption triggers associated

with small-scale, short duration operations.

Delegating authority and modifying procedures for

approving State plans governing asbestos worker protection.

Each of these proposed changes is discussed in detail in unit A.

below.

A. Incorporation of Additional Provisions Under the OSHA Asbestos

Standard for Construction

This proposed amendment to the EPA WPR would add the same Excursion

Limit of 1.0 fibers per cubic centimeter of air (f/cc) (averaged over a

sampling period of 30 minutes) as issued under the OSHA PELs for

occupational exposure to asbestos in the Asbestos Standard for General

Industry (29 CFR 1910.1001) and in the Asbestos Standard for

Construction (29 CFR 1926.58). The excursion limit will be codified in

a new paragraph (c)(2), Excursion Limit, under Sec. 763.121(c),

``Permissible Exposure Limits (PELs).''

Requirements would be added in Sec. 763.121 in the following

paragraphs when concentrations of asbestos exceed the excursion limit:

Sec. 763.121 (e) Regulated Areas, (f) Exposure Monitoring, (g) Methods

of Compliance, (h) Respiratory Protection, (i) Protective Clothing, (j)

Hygiene Facilities and Practices, (k) Communication of Hazards to

Employees, (m) Medical Surveillance, and (n) Recordkeeping.

In addition, as consistent with the changes adopted by OSHA (54 FR

52024, December 20, 1989), this proposed amendment would clarify

``resumption of monitoring requirements in the construction industry''

and add a new provision for ``additional monitoring'' under

Sec. 763.121(f).

Section 763.121(e)(6)(iii)(A) would be revised to state that

training shall be provided by an EPA- or State- approved training

provider, or an equivalent course.

Section 763.121(g)(2) Prohibitions would be amended by deleting

paragraph (iii) prohibiting the spray application of asbestos-

containing materials. In its 1986 Asbestos Standard, OSHA banned the

spray application of asbestos-containing products (29 CFR

1910.1001(f)(1)(vii) and 1926.58(g)(2)(iii)). This provision, however,

was remanded to OSHA by the D.C. Circuit Court on October 30, 1989.

OSHA subsequently amended the regulatory text of the 1986 standard by

deleting the prohibition on the spray application of asbestos-

containing products (54 FR 52024, December 20, 1989). Based on the

rulemaking record of the 1986 standard, OSHA concluded that deleting

this prohibition would not significantly increase the risk to workers.

The PEL and excursion limit in the rule apply to all asbestos

operations, including spraying.

In addition, certain spray applications of asbestos-containing

materials are regulated under the EPA National Emission Standard for

Hazardous Air Pollutants (NESHAP). The asbestos NESHAP, which was

issued on April 6, 1973, prohibits the spray application of materials

that contain more than 1 percent asbestos on buildings, structures,

pipes, and conduits (40 CFR 61.146 (a)). Paragraph 61.146 (b) of the

standard requires no visible emissions from spray application of

materials that contain more than 1 percent asbestos on equipment and

machinery.

Under Sec. 763.121(j) Hygiene Facilities and Practices, paragraph

(j)(3) Smoking in work areas would be added which prohibits smoking in

work areas where workers are occupationally exposed to asbestos because

of activities in that work area (55 FR 3724, February 5, 1990).

Under Sec. 763.121(k) Communication of hazards, requirements would

be added to provide information about smoking cessation programs and

materials. Under Sec. 763.121(m), a statement would be required that

the employee has been informed by a physician of the increased risk of

lung cancer attributable to the combined effect of smoking and asbestos

exposure.

Subpart G would be amended to incorporate a new Appendix J -

``Smoking Cessation Program Information for Asbestos Non-Mandatory.''

Appendix J was added to 29 CFR 1926.58 - OSHA's Asbestos Standards for

General Industry and for Construction - in the February 5, 1990 (55 FR

3724) amendment to the rule.

B. Proposed Deletion of Certain Exemptions From Initial Monitoring and

Label Requirements

Sections 763.121 of the WPR and 1926.58 of the OSHA Asbestos

Standard for Construction, paragraphs (f)(2) Initial Monitoring and

(k)(2) Labels, provide for certain exemptions from initial monitoring

and label requirements. EPA is considering deleting certain of these

exemptions.

Section 763.121(f)(2)(i) specifies that each employer who has a

workplace or work operation covered by this subpart, except as provided

for in paragraphs (f)(2)(ii) and (iii), shall perform initial

monitoring at the initiation of each asbestos job to determine

accurately the airborne concentrations of asbestos to which employees

may be exposed.

Section 763.121(f)(2)(ii) exempts an employer from initial

monitoring requirements provided that the employer may demonstrate that

employee exposures are below the action level by means of objective

data demonstrating that the product or material containing asbestos

cannot release airborne fibers in concentrations exceeding the action

level under those work conditions having the greatest potential for

releasing asbestos. EPA is considering whether to delete this exemption

and seeks comment on whether this exemption should be retained or

deleted.

EPA is not aware of objective criteria and therefore seeks comments

on criteria that would be needed to demonstrate a product will not

release asbestos fibers in excess of the action level under any

reasonably foreseeable conditions of use, handling, storage, disposal,

processing, or transportation. The lack of criteria to determine what

constitutes ``objective data,'' such as testing requirements, by a

manufacturer to demonstrate low fiber release potential from a product

that will not exceed the action level, makes it more difficult to

enforce this provision.

In any case, EPA would retain Sec. 763.121(f)(2)(iii) which exempts

employers from initial monitoring requirements of paragraph (f)(2)(1)

based upon earlier monitoring results. This exemption is available if

the employer has data from monitoring previous asbestos jobs that

closely resemble the current operation. EPA believes that this

exemption, provides more direct guidance to the regulated community,

and provides more reliable data for the purposes of compliance with the

provisions of the exemption.

Under the WPR, Sec. 763.121(k)(2)(vi)(A) and (k)(2)(vi)(B),

employers are exempt from the label requirements specified in paragraph

(k)(2)(i), provided that manufacturers can demonstrate that, during any

reasonably foreseeable use, handling, storage, disposal, processing, or

transport, no airborne concentrations of asbestos fibers in excess of

the action level will be released, or that asbestos is present in a

product or material in concentrations less than 0.1 percent by weight.

EPA is considering whether to delete the exemption provisions at

Secs. 763.121(k)(2)(vi)(A) and (k)(2)(vi)(B) and seeks public comments

on this proposal. EPA believes that exemption from requirements for

labeling by manufacturers may lead State and local government employers

subject to the rule to mistakenly assume that the material is incapable

of releasing asbestos fibers and that initiation of workplace

monitoring for asbestos exposure is unnecessary. If the product is not

properly labeled, there is an increased risk that the asbestos-

containing material may not be handled in accordance with prescribed

work practices for operation and maintenance and other related asbestos

work activities.

If EPA deletes the exemptions at Sec. 763.121(f)(2)(ii) and

Sec. 763.121(k)(2)(vi)(A) and (k)(2)(vi)(B), the requirement under

Sec. 763.121(n)(1)(i) through (n)(1)(iii), recordkeeping of objective

data for exempted operations, would also be deleted. However, employers

would, under Sec. 763.121(n)(2)(i) through (n)(2)(iii), continue to be

required to retain accurate records of the data from earlier monitored

jobs that the employer relied on for exemption.

C. Extended Scope of Coverage

The EPA WPR presently applies solely to asbestos abatement

projects. The proposed amendment to the WPR would, under

Sec. 763.120(a), extend the scope of coverage to all asbestos

``construction work,'' as defined under the OSHA Asbestos Standard for

Construction, 29 CFR 1910.12(b). ``Construction work'' includes work

for construction, alteration and/or repair, including painting and

decorating, as specified in 29 CFR 1926.58(a). ``Construction work,''

as defined in 29 CFR 1910.12(b) includes, but is not limited to, (1)

Demolition or salvage of structures where asbestos is present; (2)

removal or encapsulation of materials containing asbestos; (3)

construction, alteration, repair, maintenance, or renovation of

structures, substrates, or portions thereof, that contain asbestos; (4)

installation of products containing asbestos; (5) asbestos spill/

emergency cleanup; and (6) transportation, disposal, storage, or

containment of asbestos on the site or location at which construction

activities are performed.

Section 763.120 would be amended by revising paragraph (a), and by

adding paragraphs (b), (c), and (d). Section 763.120(a) would establish

requirements that State and local government employers subject to the

EPA WPR must follow to protect employees during construction work where

asbestos is present and during automotive brake and clutch repair and

service operations. Section 763.120(b) would establish work practices

and controls that employers may follow in special circumstances as an

alternative to complying with all the requirements of Sec. 763.121.

Appendices F and G contain alternative practices and controls for

certain types of construction work. Appendix K contains alternatives

for brake and clutch work. These alternatives are designed to achieve

employee exposure to asbestos below the action level of 0.1 f/cc. If an

employer utilizes the work practices and controls as specified in the

appropriate appendix, and achieves an exposure below the action level,

then the employer would be able to avoid the regulatory burdens under

Sec. 763.121 that are triggered by exposures to asbestos that exceed

the rule's action level or PEL. Section 763.120(c) specifies

applicability under the EPA WPR. Section 763.120(d) extends protections

established in this part to all State and local government employees,

including employees who are prisoners or students, of all State and

local governments subject to the EPA WPR.

In light of the proposed extended scope of coverage under the WPR,

Sec. 763.121(b) Definitions would be amended by adding definitions for

``automotive brake repair operations,'' as defined in the OSHA Asbestos

Standard for General Industry (29 CFR 1910.1001), and ``construction

work,'' as defined in the OSHA Asbestos Standard for Construction (29

CFR 1910.12(b) and specified in 29 CFR 1926.58(a)). The definition for

``asbestos abatement project'' would be deleted, since asbestos

abatement activities are incorporated within the definition of

``construction work.'' The definition of ``friable asbestos material''

would also be deleted from the EPA WPR because the scope of coverage

would be expanded to cover all asbestos construction activities

involving all asbestos-containing materials and would not be limited to

abatement work involving ``removal, enclosure, or encapsulation of

friable asbestos material.'' Removal of friable asbestos-containing

material also would be deleted from the definition of ``emergency

project.''

D. Incorporation of Appendix F to 29 CFR 1910.1001 the OSHA Asbestos

Standard for General Industry--as Appendix K to Subpart G

The 1986 OSHA Asbestos Standard for General Industry regulates

brake and clutch repair operations under 29 CFR 1910.1001 and Appendix

F to the standard. EPA would extend the same protections by

incorporating them into the regulatory requirements of Sec. 763.121 and

Appendix K.

Workplace practices specified in proposed Appendix K to the EPA WPR

are intended as employer guidance for reducing employee exposures to

asbestos during automotive brake and clutch repair operations to levels

below the action level of 0.1 fiber per cubic centimeter (0.1 f/cc) of

air. Employers who follow the recommended work practices in Appendix K

and who achieve employee workplace exposures below the action level,

would be able to avoid the burden that might be imposed by complying

with such requirements as medical surveillance, recordkeeping,

training, respiratory protection, and regulated areas, that are

triggered when employee exposures exceed the action level or PEL.

E. Incorporation of Appendices F, H, I, and J to 29 CFR 1926.58 of the

OSHA Asbestos Standard for the Construction Industry in Subpart G

The following appendices to the OSHA Asbestos Standard for

Construction would be incorporated in subpart G as Appendices F, H, I

and J: Appendix F (Work Practices and Engineering Controls for Major

Asbestos Removal, Renovation, and Demolition Operators - Non-

Mandatory), Appendix H (Substance Technical Information for Asbestos,

Non-Mandatory), Appendix I (Medical Surveillance Guidelines for

Asbestos, Non-Mandatory), and Appendix J (Smoking Cessation Program

Information for Asbestos - Non-Mandatory).

Minor revisions would be made to current Appendices A, B, C, D, and

E to the EPA WPR and to new Appendices H and I to the EPA WPR. New

Appendix F to the EPA WPR, which is comparable to Appendix F to the

OSHA Asbestos Standard for Construction, would include several

revisions. The paragraphs which describe work practices would be re-

ordered. Figures depicting equipment and diagrams would also be

deleted, and Demolition and Clearance checklists would be relabeled as

Tables A and B. In addition, procedures outlined in the section,

Cleaning the Work Area, under Appendix F, would be revised to conform

to the procedures for cleaning the work area contained in Appendix A to

part 763, subpart E, of the Asbestos in Schools Rule.

F. Incorporation of Appendix B to Subpart E as Appendix G to Subpart G

of the EPA WPR

This proposed amendment would delete Appendix B from the Asbestos

in Schools Rule and incorporate it, with minor changes, in the EPA WPR

as Appendix G to Subpart G, because public school employees would now

be covered directly under the EPA WPR for all ``construction work,'' as

defined in the OSHA Asbestos Standard for Construction. This Appendix

is comparable to Appendix G to 29 CFR 1926.58 - the OSHA Asbestos

Standard for Construction.

Since the EPA WPR would extend coverage to all public sector

employees (not just public school employees) engaged in small-scale,

short-duration operations involving asbestos, Appendix G provides, in

one place, provisions that all public sector employers subject to the

EPA WPR, including local education agency employers, shall comply with

if they wish to be exempt from the negative-pressure enclosure,

competent person, clearance, and decontamination area requirements,

specified in Sec. 763.121(e)(6), (j)(1)(i)(B), and (j)(2)(i) for small-

scale, short-duration operations. Based on the OSHA record, the use of

the work practices and engineering controls described in Appendix G are

capable of reducing employee exposures to asbestos to levels below the

rule's action level of 0.1 f/cc for workers engaged in small-scale,

short-duration activities.

Finally, EPA proposes several minor revisions to the Appendix: (1)

Language referring specifically to the Asbestos in Schools Rule would

be deleted because the Appendix would apply to all construction work in

public sector workplaces, not just to work in schools; and (2) language

exempting employers from compliance with Sec. 763.121(f)(2)(i) for

small-scale, short-duration operations would be revised to correct a

transcription error in the original Appendix B to the Asbestos in

Schools Rule. When Appendix B was printed, the letter ``f'' was

inadvertently substituted for ``j'', thus modifying the applicability

of the exemption. The proposal would remove the incorrect reference to

paragraph (f), and exempt employers that complied with the provisions

of the proposed Appendix G from certain hygiene facility and practices

requirements in Sec. 763.121(j)(1)(i)(B) and (j)(2)(i).

VII. Proposed Amendment to the Asbestos in Schools Rule

EPA is proposing to amend the Asbestos in Schools Rule by deleting

Sec. 763.91(b) which extends coverage of the EPA WPR to employees of

local education agencies who perform operations, maintenance and repair

(O&M) activities. The Asbestos in Schools Rule would also be amended by

deleting Appendix B and incorporating it as Appendix G to the EPA WPR.

Since the proposesd EPA WPR would provide coverage for all

construction work directly to employees of local education agencies,

extension of coverage through Sec. 763.91(b) would no longer be

necessary. Section 763.91 (b) would refer readers to the WPR.

VIII. Exclusions for States

Section 763.122 - Exclusions for States - would also be amended to

delegate authority from the EPA Administrator to the EPA Regional

Administrators the authority to grant or deny State exclusions from the

EPA WPR. In addition, the criteria for granting State exclusions would

be expanded to require State Compliance and Enforcement Plans, and to

clarify that EPA can rescind exclusions to States when State plans lack

enforcement provisions.

States that currently have EPA-approved State Worker Protection

Plans would have 6 months, or such other reasonable time as suggested

by the particular State and approved by the applicable Regional

Administrators, to make their regulations comparable to or more

stringent than this revised part, and to submit their regulations to

the appropriate EPA Regional Administrator for review. If States do not

revise their regulations and submit them to EPA within such reasonable

time after promulgation of the rule, State and local government

employees in such States shall automatically be covered by the revised

EPA WPR.

IX. Future Revisions to this Proposed Rule and Exclusions for

States

EPA may make future amendments to the EPA WPR in order to apply

coverage provided in future revisions to the OSHA Standards, or as

other issues are identified by EPA.

X. Reporting

The present EPA WPR requires that employers must notify EPA at

least 10 days before they commence any asbestos abatement project which

involves greater than 3 linear feet, or 3 square feet of friable

asbestos material. As proposed, employers would be required to notify

EPA before they begin any ``asbestos construction work'' of 3 linear

feet or greater, or 3 square feet or greater. The scope of required

reporting would reflect the expanded scope of coverage under the WPR

and would require reporting of all ``construction work'' where asbestos

is present, except exempted small-scale operations or emergency

projects, rather than the present reporting requirements limited to

asbestos abatement projects.

XI. Regulatory Assessment

TSCA requires EPA to consider and publish a statement with respect

to the effects on human health and the environment and the magnitude of

exposure (section 6(c)(1)(B)). In developing the 1986 WPR and revised

1987 EPA WPR, EPA considered the requirements imposed by section

6(c)(1) of TSCA in order to determine whether asbestos exposure

presents an unreasonable risk. Specifically, it considered the effects

of asbestos on health and the environment. It also considered the

benefits of the substance and the availability of substitutes and the

reasonably ascertainable economic consequences of the EPA WPR. EPA

incorporates the regulatory assessments made for the previous EPA WPR

(51 FR 15724 and 52 FR 5618) and assesses in this document only the

incremental changes introduced by this rule.

A. Health Effects and Magnitude of Exposure to Asbestos

1. Health effects. EPA classifies asbestos as a Group A carcinogen,

i.e., a human carcinogen (sufficient evidence in human epidemiological

studies supported by evidence of carcinogenic effects in several animal

species). (USEPA/ORD Airborne Asbestos Health Assessment Update, EPA/

600/884/003F, June 1986. See also, USEPA/ORD: The Risk Assessment

Guidelines of 1986, EPA/600/8-87/045, August 1987), the Annual Report

on Carcinogens, National Toxicology Program, U.S. Department of Health

and Human Services.)

In the preamble to the 1986 WPR (51 FR 15722, April 25, 1986), EPA

reviewed the serious adverse human health effects associated with the

use of asbestos, and incorporated that analysis in the 1987 WPR. This

proposed rule incorporates that analysis and supporting documentation

as well. The studies reviewed and incorporated in the 1986 WPR Docket

(Docket No. OPPTS-62044A) include the ``Report to the U.S. Consumer

Product Safety Commission'' (CPSC) by the Chronic Hazard Advisory Panel

on Asbestos, ``Health Effects and Magnitude of Exposure'' in EPA's

``Support Document for Final Rule of Friable Asbestos-Containing

Materials in School Buildings,'' and the ``Report of the National

Research Council Committee on Nonoccupational Health Risks of

Asbestiform Fibers.''

EPA finds that exposure to asbestos poses risk of adverse health

effects. The effects of asbestos exposure have been examined in

numerous human epidemiology studies and animal studies. Diseases

associated with exposure to asbestos that have been identified include

lung cancer, mesothelioma, gastrointestinal cancer, and cancers of

other organs, as well as asbestosis, a disabling fibrotic lung disease.

A detailed discussion of specific diseases associated with asbestos

exposure, the estimated exposure to workers, and cancer risk

extrapolation, is found in the preamble to the 1986 EPA WPR.

2. Magnitude of exposure. The current (1987) EPA WPR covers State

and local government employees in the 27 States that do not have OSHA-

approved State plans who are engaged in asbestos abatement projects

only. The proposed WPR would expand the scope of coverage to include

all construction and brake repair work where asbestos is encountered in

public sector workplaces by State and local government employees in

those States covered by the EPA WPR.

In the 1986 WPR, EPA estimated that asbestos abatement workers

would be exposed to asbestos during abatement work, that other State

and local public employees, including public school employees, public

hospital staff, and State and local government office workers, would be

exposed during abatement, and that other occupants and visitors would

be exposed after abatement. These estimates are contained in the EPA

support document for the 1986 Rule - ``Asbestos Abatement Rules: A

Preliminary Cost-Effectiveness Analysis. Revised Draft Report May,

1986'' (Docket No. OPPTS-62044A). EPA found that the risk to State and

local government abatement workers would be reduced by the protection

provided by the WPR (51 FR 15722, April 25, 1986).

In the 1987 EPA WPR, EPA found that the revised rule would further

reduce risk to public sector asbestos abatement workers because of the

reduction in the PEL from 2.0 f/cc to 0.2 f/cc, and because of the

requirement for additional work practices and protective equipment. (52

FR 5619, February 25, 1987).

The incremental impact of this proposed rule is presented in the

Regulatory Impact Analysis (RIA) proposed for this rule (Asbestos

Worker Protection Rule Regulatory Impact Analysis, Revised Draft

Report. July 23, 1993. Contract #68-D2-0064). In the RIA, the number of

State and local government employees engaged in construction work and

brake and clutch repair in the 27 States that would be covered by the

extended scope of coverage of this proposed rule is based on estimated

``full-time equivalents'' (FTEs) rather than actual numbers of

employees. For example, two workers exposed to asbestos in their work

activities one-half year each would total one FTE. The RIA assumes that

public sector workers are not engaged in asbestos-related construction

work and brake repair on a full-time basis and, thus, are not exposed

to asbestos full-time in the workplace.

EPA examined three kinds of worker exposures: (1) Those associated

with building maintenance work, (2) those associated with building

renovation work, and (3) those associated with brake and clutch repair

work. To simplify the construction sector analysis, EPA grouped several

maintenance tasks together. Tasks involving work on lighting, heating

ventilation, and air-conditioning systems were combined in this way, as

were boiler/furnace repair and plumbing repair. Exposure estimates for

these tasks were also grouped together.

To estimate the magnitude of exposure to employees affected by this

proposed rule, EPA first estimated the number of buildings and motor

vehicles owned by State and local governments in those 27 States

without OSHA-approved State plans. EPA then estimated the frequency

with which various kinds of projects involving asbestos exposure would

be conducted, and the person-hours required per project. Finally, for

construction work, EPA used these estimates of the number of projects

and person-hours needed per project to estimate the number of FTEs

associated with each type of project in buildings owned by State and

local governments on an annual basis in the States covered by the EPA

WPR. For brake and clutch repair, EPA derived the estimated number of

public sector brake and clutch repair workers affected by using the

following assumption. The ratio which exists between the number of

workers exposed in automobile repair nationwide (b) and the number of

private brake and clutch repairs performed (c) was assumed to be the

same as the ratio between the number of public sector brake and clutch

repair workers (x) and the number of brake and clutch repairs performed

on government vehicles (a): (x/a = b/c).

The estimated number of FTE's in the 27 States that would be

covered by the proposed EPA WPR are: 1,227 to 1,910 FTEs for

maintenance activities, 2,022 FTEs for renovation work, and 9,692 FTEs

for brake and clutch repair.

Because public sector workers in the 27 states without OSHA-

approved state plans are not covered under existing regulations,

monitoring data are not available on the exposure levels for this

specific worker population under unregulated conditions. For this

analysis, therefore, EPA assumes that the individual baseline asbestos

exposure levels for state and local government employees are those

estimated by OSHA in 1986 for private-sector workers conducting the

same kinds of work under OSHA's 1986 2.0 f/cc PEL. OSHA's estimates are

based on a variety of sources but rely principally on personal exposure

monitoring data from OSHA's Integrated Management Information System

(IMIS) and on sampling conducted for OSHA under contract.

Because public sector worker exposure to asbestos in the states

covered by the EPA WPR is not controlled under existing regulations for

construction work, other than abatement work, or for brake and clutch

repair, actual exposures may exceed the level estimated in the RIA for

this proposed rule. EPA assumes that present, unregulated, exposure

levels exceed the PEL proposed in this document. In that case, state

and local employers would be required to comply with the work practices

proposed in the amendments to the EPA WPR once the rule is issued in

order to reduce employee exposures to below the PEL and action level.

The rule's benefits would result from the use of the work practices

required by this proposed rule, which would reduce exposure levels

below the proposed PEL to the levels indicated in the next paragraph.

Although EPA believes exposures are higher, the benefits are measured

only for the incremental decrease in exposure from the exposure levels

estimated by OSHA in its 1986 asbestos standard, and not for the full

reduction from present, unregulated, exposure levels. Accordingly, the

true magnitude of exposure is not reflected in the benefits, which are,

therefore, understated.

The baseline exposure levels estimated by OSHA in 1986 and used in

this proposed rule to calculate benefits are as follows. Baseline

exposure levels for maintenance work are estimated to range from 0.02

f/cc for flooring repair to 0.75 f/cc for drywall repair. Exposure

levels for maintenance work under this proposed rule would range from

0.001 f/cc to 0.02 f/cc. Baseline exposure levels for renovation work

range from 0.12 f/cc for built-up roofing to 0.34 f/cc for drywall

demolition. Exposure levels for renovation work under this proposed

rule would range from 0.0012 f/cc to 0.034 f/cc. The baseline exposure

level for brake and clutch repair work is 0.06 f/cc, and exposures

would be reduced to 0.015 f/cc by following the work practices in this

proposed rule.

B. Benefits of Asbestos Products and Availability of Substitutes

EPA has considered both the benefits of asbestos for the uses

regulated by the proposed rule and the availability of substitutes for

those uses. EPA has concluded that the benefits of asbestos for such

uses are minimal, and that there are substitutes available for those

uses.

When EPA first promulgated the WPR in 1986, and later amended it in

1987, it concluded that the benefits of asbestos-containing products

affected by the rule were minimal (51 FR 15722, April 25, 1986 and 52

FR 5618, February 25, 1987). EPA noted that the 1986 and 1987 rules

applied only to asbestos abatement projects where persons had already

decided to remove, enclose, or encapsulate friable asbestos-containing

material (ACM). In such situations, EPA presumed that the persons had

already determined that there were little or no benefits in using the

ACM in its present condition.

EPA continues to believe that the proposed regulation would have

little or no impact on any benefits associated with the uses of

asbestos that are affected by the proposed revisions to the WPR. This

is particularly true where the provisions concern work associated with

the removal, enclosure, or encapsultation of ACM. Persons directing

those activities presumably have decided that there are no benefits to

continued use of the asbestos. The same reasoning applies to most other

construction activities that would be governed by the resided WPR such

as demolition and asbestos spill or emergency cleanup, as well as the

transportation, disposal, storage, or containment that is associated

with those activities or with asbestos abatement projects. It also

applies to the removal of asbestos used in brakes and clutches. In all

of those activities, the persons are getting rid of the ACM, and

therefore have apparently decided that there are few, if any, benefits

to the continued use of asbestos.

Even where the proposed rule would regulate the installation of

asbestos-containing products during construction, EPA believes that

there are few impacts on the benefits from such uses of asbestos. This

proposed rule would not prevent anyone from using the products. The

proposed rule would require some expenditures to comply with the

additional safety practices, but as discussed in unit XII of this

preamble, such costs are very small when considered in the context of

existing State and local government expenditures for building

maintenance.

EPA also believes that there are substitutes available for the

asbestos uses that would be regulated by the revised WPR. In its 1986

rulemaking, OSHA concluded that the extensive tort litigation in the

area of occupational exposure to asbestos and the awareness of the

health effects associated with asbestos exposure had provided a strong

incentive for producers and users of asbestos products to utilize

substitutes. OSHA estimated that approximately 50 to 75 percent of

producers of phenolic molding compounds have substituted other

materials such as clay or fiberglass for asbestos. OSHA concluded that

similar success had been achieved in the production of floor tile,

where non-asbestos fibers and petrochemicals were being used, and in

friction materials. OSHA noted that roofing felts, pipeline felts, and

asphalt coatings have all been produced using fiberglass in place of

asbestos fibers.

OSHA further noted that, in the past, the price of substitute

materials had been much higher than the price of asbestos, but that the

``full price'' of using asbestos, which includes the potential cost of

control methods, tort litigation, etc., had increased significantly.

OSHA concluded, therefore, that the difference between the cost of

using asbestos and the cost of using other substitute materials had

diminished greatly and in many instances had disappeared entirely (see

preamble to the 1986 OSHA Asbestos Standards - Availability of

Substitutes - 51 FR 22651, June 20, 1986).

Inasmuch as the proposed EPA WPR neither proscribes nor prescribes

the use of asbestos or substitutes for asbestos, the rule would have

little, if any, impact on the availability of asbestos or require the

use substitutes. However, persons who use ACM would be subject to the

work practice requirements specified in this proposed rule in order to

ensure that worker exposures do not exceed the PEL and action level.

C. Economic Effects of the Proposed Rule

Section 6(c)(1)(D) of TSCA requires EPA to determine the

``reasonably ascertainable economic consequences of the proposed rule

after consideration of the effect on the national economy, small

business, technological innovation, the environment, and public

health.'' Based on the Regulatory Impact Analysis (RIA) developed in

support of this proposed rulemaking action, EPA projects that the

economic effects on State and local governments would be minimal and

that the benefits to employees of State and local governments would be

significant in terms of risk reduction.

EPA estimates that the total annualized cost to State and local

governments of compliance with the proposed rule would range from $15.4

to $17.3 million. The annualized cost would be $3.1 million to $4.8

million for the maintenance sector, $11.8 million for the renovation

sector, and $0.6 to 0.8 million for the brake and clutch repair sector.

Costs are presented as a range because of uncertainties in the number

and frequency with which repairs will have to be made in the

maintenance and brake and clutch repair sectors. EPA believes that

these are high estimates of the actual annual compliance costs that

will be incurred in future years, because, as States and localities

make repairs that involve asbestos, many will decide to replace the ACM

with a substitute.

When these costs are considered in the context of state and local

government budgets dedicated to building maintenance, the costs of the

proposed rule are very small. The incremental compliance costs for the

proposed rule in both the maintenance and renovation sectors would

cause 0.21 to 0.24 percent increase in the costs of State and local

government spending for building upkeep. States covered by the EPA WPR

are already required to comply with worker protection requirements for

public sector workers engaged in asbestos abatement projects. Such a

minimal change in the cost of building maintenance is unlikely to have

any significant impact on State and local government budgets.

Costs were also measured in terms of cost per cancer case avoided.

The cost per case avoided was calculated by dividing the social cost of

the rule by the number of cases potentially prevented by the rule over

the next 30 years. Compliance with the proposed rule was estimated to

prevent between 61 and 67 asbestos-related cancer deaths over 30 years

at a social cost of $15,442,787 to $17,331,401 millon per year. Taking

the mid-point of the benefits and cost ranges, for the rule as a whole,

the average annualized cost per case avoided would be $5.1 million. In

the maintenance sector, the cost per case avoided is estimated to be

$5.6 million; in the renovation sector, the cost per case avoided is

estimated at $7.1 million; and in the brake and clutch repair sector,

the cost per case avoided is estimated to be between $0.7 and $0.9

million.

EPA believes the cost per case avoided is overstated in the

maintenance and renovation sectors, because not all benefits are

counted. The estimates do not account for the cancer cases that the

proposed rule is likely to prevent among other building occupants and

bystanders who are located in the vicinity of the asbestos maintenance

and renovation projects covered by the proposed rule.

D. Evaluation of Other Statutes

Under section 6(c) of TSCA, EPA may not promulgate a rule under

section 6(a) of TSCA if EPA determines that a risk of injury to health

or the environment could be eliminated or reduced to a sufficient

extent by actions taken under another statute administered by EPA,

unless EPA finds it is in the public interest to protect against the

risk by action under TSCA. EPA has analyzed other statutes administered

by EPA and concludes that no other law administered by EPA will

satisfactorily eliminate or reduce the risks to State and local

government workers.

Under section 9(a) of TSCA, EPA is required to review other Federal

authorities not administered by EPA to determine whether action under

those authorities may prevent or reduce a given risk. This amendment

would extend coverage only to persons not covered by other Federal

laws. The only statute not administered by EPA that could reduce risks

from workplace exposure to asbestos is the Occupational Safety and

Health (OSH) Act, administered by OSHA. However, the OSH Act does not

apply to State and local government employees. The OSH Act does provide

that a state can implement its own state worker protection plan,

subject to approval by the Secretary of Labor. Twenty-three States and

two U.S. territories have implemented State plans. Twenty-seven States

do not have OSHA-approved State plans. EPA has determined that there is

no statute administered by another Federal agency that can prevent or

reduce the risk of asbestos exposure presented to public sector

employees not covered by the OSHA Asbestos Standards or by State plans

during asbestos-related construction and brake and clutch repair work.

EPA's analysis of this issue is in the preamble to the 1986 EPA WPR (51

FR 15722).

XII. Finding of Unreasonable Risk

TSCA section 6 requires EPA to weigh the benefits against the costs

of the proposed rule. To fulfill this requirement, EPA prepared an RIA

to assess the costs and benefits of the proposed rule.

In the RIA, the benefits of the proposed rule were estimated in

terms of the number of deaths from lung cancer, mesothelioma, and

gastrointestinal cancers attributable to asbestos exposure that would

be prevented by the new, lower exposures to asbestos due to the

proposed rule. EPA used the models developed by Nicholson for OSHA and

EPA to estimate the relative and absolute risks of lung cancer and

mesothelioma cases, respectively. A detailed discussion of the data

inputs for the health model is found in Appendix C of the RIA.

EPA estimates that 69 to 75 asbestos-related deaths would occur

among unprotected public sector workers engaged in construction work

and brake and clutch repair over the course of 30 years in the absence

of the proposed EPA WPR, and that 61 to 67 of these deaths would be

avoided under the proposed rule.

EPA believes that the estimated benefits are understated. The true

magnitude of risk reduction is not reflected in the estimated benefits,

because the benefits of risk reduction are measured only for the

incremental decrease in exposure from the exposure levels estimated by

OSHA in its 1986 asbestos standard, and not for the full reduction from

present, unregulated exposure levels. Exposures to persons other than

workers in areas where asbestos-related work activities are being

conducted are also not quantified.

EPA weighed the costs and benefits of extending coverage for

asbestos-related construction work and brake and clutch repair to State

and local government workers. EPA believes that the benefits of 61 to

67 cancer cases avoided in the unprotected public sector worker

population outweigh the estimated annualized cost per case avoided of

$5.1 million.

EPA believes, therefore, that unregulated exposure to asbestos in

construction and brake and clutch repair work in public sector

workplaces presents an unreasonable risk of injury to human health.

XIII. Enforcement

Section 15 of TSCA makes it unlawful to fail or refuse to comply

with any provision of a rule promulgated under section 6 of TSCA.

Therefore, failure to comply with the rule would be a violation of

section 15 of TSCA. In addition, section 15 of TSCA makes it unlawful

for any person to: (1) Fail or refuse to establish and maintain records

as required by the rule; (2) fail or refuse to permit access to or

copying of records, as required by TSCA; or (3) fail or refuse to

permit entry or inspection as required by section 11 of TSCA.

Violators may be subject to both civil and criminal liability.

Under the penalty provision of section 16 of TSCA, any person who

violates section 15 could be subject to a civil penalty of up to

$25,000 for each violation. Each day of operation in violation of the

rule could constitute a separate violation. Knowing or willful

violations of the rule could lead to the imposition of criminal

penalties of up to $25,000 for each day of violation and imprisonment

for up to 1 year. In addition, other remedies are available to EPA

under sections 7 and 17 of TSCA, such as seeking an injunction to

restrain violations of the rule.

XIV. Confidentiality

All comments will be placed in the public record unless the

commentater claims that they contain confidential business information

(CBI), and the comments are clearly labeled as containing claimed CBI

when they are submitted. Because of the need to expedite this process,

CBI claims should be accompanied by comments substantiating the claim

as described in 40 CFR 2.204(e)(4). While a part of the record, CBI

comments will be treated in accordance with 40 CFR part 2. A sanitized

version of all comments subject to CBI claims should be submitted to

EPA for the public file.

It is the responsibility of the commentater to comply with 40 CFR

part 2 so that all materials claimed as confidential may be properly

protected. This includes, but is not limited to, clearly indicating on

the face of the comment (as well as on any associated correspondence)

that information claimed to be CBI is included, or marking

``CONFIDENTIAL,'' ``TSCA CBI,'' or a similar designation on the face of

each document or attachment in the comment which contains the claimed

CBI. EPA will consider the failure to clearly identify the claimed

confidential status on the face of the comment as a waiver of any such

claim and will make such information available to the public without

further notice to the commentater or business.

XV. Request for Comments

EPA is requesting comment on the proposed rule only to the extent

that it would amend or change the existing regulations. EPA is not

soliciting comments on provisions of the existing regulations that

would not be changed by this proposal. Some provisions of the existing

rule and appendices are reproduced here for clarity and to facilitate

understanding of how the changes and amendments fit within the existing

regulatory scheme. The existing appendices are reproduced in their

entirety because these appendices, along with the new appendices

incorporated in the rule, are moved from Sec. 763.121(p) and recodified

as Appendices to 40 CFR part 763, Subpart G.

XVI. Rulemaking Record

EPA has established a record for this rulemaking under document

control number OPPTS-62125. A public version of the record and an index

of documents in the record are available to the public in the TSCA

Nonconfidential Information Center (NCIC), also known as, the TSCA

Public Docket Office from noon and to 4 p.m., Monday through Friday,

except legal holidays. TSCA NCIC is located in Rm. E-G102, 401 M St.,

SW., Washington, DC.

The record includes information considered by EPA in developing

this proposed rule, including the following categories of information:

(1) Federal Register notices cited in this document, (2) support

documents, and (3) other referenced documents.

The record also incorporates by reference the rulemaking record for

the 1987 EPA WPR final rule (Docket Number OPPTS-62050) which includes

the dockets for the 1986 OSHA Asbestos Standard, and the 1986 EPA WPR.

XVII. Support Document

USEPA, OPPT, OPPTS. Asbestos Worker Protection Rule. Regulatory

Impact Analysis. Revised Draft Report, January 13, 1993. Revised July

23, 1993. Prepared by ICF, Inc., Contract Number 68-D2-0064.

XVIII. References

(1) USEPA, ORD, OHEA. Airborne Asbestos Health Assessment Update.

EPA/600/8-84/003F, June 1986.

(2) USEPA, OPTS, OTS. Toxic Substances; Asbestos Abatement

Projects; Worker Protection; Final Rule (51 FR 15722, April 25, 1986).

(3) USEPA, 1987. Asbestos Abatement Projects; Worker Protection;

Final Rule (52 FR 5618, February 25, 1987).

(4) USEPA, 1987. Asbestos-Containing Materials in Schools; Final

Rule and Notice. Part 763 (amended) subpart E, 52 FR 41926, October 30,

1987.

(5) USDOL, OSHA. 20 CFR Parts 1910 and 1926 ``Occupational Exposure

to Asbestos, Tremolite, Anthophyllite, and Actinolite,'' Final Rules

(June 20, 1986, 51 FR 22612).

(6) USDOL, OSHA. 29 CFR Parts 1910 and 1926 ``Asbestos, Tremolite,

Anthophyllite, and Actinolite''; Final Rules. Preamble. (September 14,

1988, 53 FR 35610).

(7) USDOL, OSHA. 29 CFR Parts 1910 and 1926 ``Occupational Exposure

to Asbestos, Tremolite, Anthophyllite, and Actinolite,'' Final Rule;

Partial Response to Court Remand. Preamble. (December 20, 1989, 54 FR

52024).

(8) USDOL, OSHA. 29 CFR Parts 1910 and 1926 ``Occupational Exposure

to Asbestos,'' Final Rule; Partial Response to Court Remand. Preamble.

(February 5, 1990, 55 FR 3724).

(9) USDOL, OSHA. 29 CFR Parts 1910 and 1926 ``Occupational Exposure

to Asbestos, Tremolite, Anthophyllite and Actinolite; Proposed Rule''

(July 20, 1990, 55 FR 29712).

XIX. Regulatory Assessment Requirements

A. Executive Order 12866

Under Executive Order 12866 (58 FR 51735, October 4, 1993), the

Agency must determine whether the regulatory action is ``significant''

and therefore subject to review by the Office of Management and Budget

(OMB) and the requirements of the Executive Order. Under section 3(f),

the order defines a ``significant regulatory action'' as an action that

is likely to result in a rule: (1) Having an annual effect on the

economy of $100 million or more, or adversely and materially affecting

a sector of the economy, productivity, competition, jobs, the

environment, public health or safety, or State, local or tribal

governments or communities (also referred to as ``economically

significant''); (2) creating serious inconsistency or otherwise

interfering with an action taken or planned by another agency; (3)

materially altering the budgetary impacts of entitlement, grants, user

fees, or loan programs or the rights and obligations of recipients

thereof; or (4) raising novel legal or policy issues arising out of

legal mandates, the President's priorities, or the principles set forth

in this Executive Order.

EPA has determined that the proposed amendment to the EPA WPR will

not have an effect on the economy of $100 million annually. EPA has

prepared an RIA as part of this rulemaking which estimates that the

economic impact of the proposed rule to State and local governments

would not be significant. EPA estimates that the overall costs of the

proposed rule to the 27 State and local governments would be about

$15.4 to $17.3 million per year over 30 years and would constitute only

a very small percentage of these entities' budgets. The compliance

costs for the proposed rule in both the maintenance and renovation

sectors would cause a 0.21 to 0.24 percent increase in the costs of

State and local government spending for building upkeep.

A copy of the RIA has been included in the administrative record

for this rule, and is available for public inspection, as outlined in

Unit XVI of this Notice.

B. Executive Order 12875

Executive Order 12875 (58 FR 58093, October 28, 1993) requires the

Agency to consult with representatives of affected State, local, and

tribal governments prior to the formal promulgation of a regulation

containing a proposed unfunded mandate. Through the Forum on State and

Tribal Toxics Action (FOSTTA), EPA briefed the States that are affected

by the EPA WPR, seeking comments on the proposed WPR amendments. The

Forum is a mechanism for State and tribal officials to cooperate in

addressing toxics-related issues and to improve communication and

coordination between States, tribes, and the EPA. FOSTTA has forged a

communication network linking the States and tribes and EPA's Office of

Prevention, Pesticides and Toxic Substances (OPPTS) and the Office of

Enforcement and Compliance Assurance (OECA) on a variety of toxics-

related issues. EPA met with members of the FOSTTA Coordinating

Committee at a meeting on February 27, 1994, to discuss the provisions

of the EPA WPR. The National Conference of State Legislatures (NCSL),

through FOSTTA, provided EPA with a summary of findings from a survey

of asbestos programs in States without OSHA-approved State plans.

Information regarding EPA's consultation with States (i.e.,the EPA

briefing paper submitted to the FOSTTA membership, FOSTTA Coordinating

Committee Meeting Agenda, and NCSL survey summary) has been included in

the administrative record for this proposed rule and is available for

public inspection in the Docket for the EPA WPR.

The proposed EPA WPR would require State and local governments to

comply with additional worker protection provisions to protect State

and local government workers from exposure to asbestos. The Regulatory

Impact Analysis (RIA), developed to support this rulemaking, concluded

that while the proposed rule may affect a substantial number of State

and local government entities, the costs of additional worker

protection requirements under this proposed rule would not have a

significant impact on State and local government budgets, even on those

portions of local government budgets that are devoted to building

maintenance (see unit XIX.C. of this preamble). In addition, the

proposed regulatory text provides, at Sec. 763.122, Exclusions for

States, that EPA may grant exclusions from the EPA WPR requirements to

States that develop their own State worker protection plans.

C. Regulatory Flexibility Act

Under the Regulatory Flexibility Act, (5 U.S.C. 605(b)), EPA must

prepare a Regulatory Flexibility analysis for all regulations that will

have a significant impact on a substantial number of small entities.

The Act defines ``small entities'' as including small governmental

jurisdictions and further defines small governmental jurisdictions as

the governments of cities, towns, townships, villages, school

districts, or special districts that have populations of fewer than

50,000. Because the proposed rule will affect governmental

jurisdictions in the 27 States covered by the EPA WPR that engage in

construction work or brake and clutch repair work, the proposed rule

can reasonably be expected to affect a substantial number of small

governmental entities. However, the costs of the proposed rule

represent only 0.21 to 0.24 percent of costs expended by State and

local governments for building upkeep. Thus, the costs of the proposed

rule will not have a significant impact even on those portions of local

government budgets that are devoted exclusively to building

maintenance. As a result, the Agency concludes that the proposed rule

will not have a significant impact on a substantial number of small

governmental jurisdictions and that a full Regulatory Flexibility

Analysis is therefore, unnecessary. A discussion of EPA's economic

analysis of this proposed amendment to the WPR appears in Unit XI of

this preamble.

Therefore, pursuant to section 605(b) of the Regulatory Flexibility

Act, 5 U.S.C. 605(b), the Administrator certifies that this proposed

rule will not have a significant economic impact on a substantial

number of small entities.

D. Paperwork Reduction Act

The information collection requirements in this proposed rule have

been submitted for approval, as a revision to OMB control number 2070-

0072, to the Office of Management and Budget (OMB) under the Paperwork

Reduction Act, 44 U.S.C. 3501 et seq. An Information Collection Request

document has been prepared by EPA (ICR No. 1246.04), and a copy may be

obtained from Sandy Farmer, Information Policy Branch (2136), U.S.

Environmental Protection Agency, 401 M St., SW., Washington, DC 20460

or by calling (202) 260-2740.

This collection of information is estimated to have a public

reporting burden averaging 1 hour per response, and to require 24.02

hours per recordkeeper annually. This includes time for reviewing the

collection of information. The collection activities for this rule

include: (1) Read and interpret rule; (2) respirator program, and (3)

exposure monitoring activities; (4) training program; (5) medical

surveillance reporting and recordkeeping; (6) employee and agency

access; and (7) report project initiation. The total annual burden

hours is 52,042, and represents an incremental burden-hour increase of

4,160 hours over the total annual reporting burden for the 1987 EPA

WPR.

Send comments regarding the burden estimate or any other aspect of

this collection of information, including suggestions for reducing this

burden, to the Chief, Information Policy Branch (2136), U.S.

Environmental Protection Agency, 401 M St., SW., Washington, DC 20460;

and to the Office of Information and Regulatory Affairs, Office of

Management and Budget, Washington, DC 20503, marked ``Attention: Desk

Officer for EPA.'' The final rule will respond to any OMB or public

comments on the information collection requirements contained in this

proposed rule.

List of Subjects in 40 CFR Part 763

Environmental protection, Asbestos, Asbestos in schools (AHERA),

Hazardous substances, Reporting and recordkeeping requirements, State

and local governments, Worker protection.

Dated: October 14, 1994.

Carol M. Browner.

Administrator.

Therefore, it is proposed that 40 CFR part 763 be amended as

follows:

Part 763--[AMENDED]

1. The authority citation for part 763 would continue to read as

follows:

Authority: 15 U.S.C. 2605 and 2607(c).

2. Section 763.91(b) is revised to read as follows:

Sec. 763.91 Operations and maintenance.

* * * * *

(b) Worker protection. See Subpart G of this part.

* * * * *

3. The subpart heading for subpart G is revised to read as follows:

``Asbestos Worker Protection.''

Appendix B to Subpart E [Redesignated]

4. Appendix B to Subpart E is redesignated as Appendix G to Subpart

G of this part, and Appendix B to Subpart E is reserved.

5. Section 763.120 is revised to read as follows:

Sec. 763.120 Scope.

(a) This part establishes requirements that State and local

government employers must follow to protect employees from occupational

exposure to asbestos during construction work where asbestos is

present, and during automotive brake and clutch repair and service

operations. Some of these requirements apply only to construction work,

and do not apply to brake and clutch operations. Requirements that

apply only to construction work are contained in Sec. 726.121(d) which

governs communications on multi-employer worksites, and

Sec. 726.121(e)(6), (i)(4), and (j)(2) which govern asbestos removal,

demolition, and renovation operations.

(b) Appendix F of this subpart (Work Practices and Engineering

Controls for Major Asbestos Removal, Renovation, and Demolition

Operations), Appendix G of this subpart (Work Practices and Engineering

Controls for Small-Scale, Short-Duration Asbestos Renovation and

Maintenance Activities), and Appendix K of this subpart (Work Practices

and Engineering Controls for Automotive Brake Repair Operations) are

designed to provide guidelines to assist employers in complying with

the requirements of this rule. These appendices recommend specific work

practices and engineering controls that State and local government

employers may follow to reduce employee exposures to asbestos in the

workplace. Employers who use the recommended work practices and

controls and who achieve employee exposures below the action level of

0.1 fibers cubic centimeter will be able to avoid certain burdens that

would be imposed by complying with requirements triggered when employee

exposures to asbestos exceed the rule's action level or permissible

exposure limit.

(c) The requirements in this subpart apply only to State and local

government employers that are not subject to the asbestos standards of

OSHA, 29 CFR 1910.1001 or 29 CFR 1926.58, a State asbestos standard

that OSHA has approved under section 18 of the Occupational Safety and

Health Act, or a State asbestos plan that EPA has determined is

comparable to, or more stringent than, this part.

(d) The protections established in this part extend to employees,

including employees who are prisoners or students, of all State and

local governments that are subject to the requirements of this subpart.

6. Section 763.121 is amended by removing from paragraph (b) the

definitions for ``asbestos abatement project'' and ``friable asbestos

material,'' by alphabetically inserting the definitions for

``automotive brake and clutch repair operations'' and ``construction

work,'' and by revising the definitions for ``emergency project,'' by

revising paragraphs (c), (e)(1) and (e)(2), by redesignating and

revising paragraph (e)(6)(iii)(A) as (e)(6)(iii), by deleting paragraph

(e)(6)(iii)(B), by adding paragraph (e)(7), by revising paragraphs

(f)(1)(ii), (f)(1)(iii), (f)(2)(ii), (f)(2)(iii), and (f)(4), by

revising the introductory text of paragraph (g)(1)(i), revising

(g)(1)(ii), by removing paragraph (g)(2)(iii), by revising paragraphs

(g)(3), (h)(1)(iii), (h)(3)(i), (i)(1), (i)(2)(i), (i)(2)(ii), and

(j)(1)(iii), by adding paragraph (j)(2)(vii) and paragraph (j)(3), by

revising paragraph (k)(1)(i), by adding paragraph (k)(1)(iii), by

revising paragraph (k)(3)(i), by adding paragraphs (k)(3)(iii)(I),

(k)(3)(iii)(J) and (k)(4)(iii), by revising paragraph (m)(1)(i), by

adding paragraph (m)(4)(i)(D), by revising paragraphs (n)(1)(i), by

redesignating paragraph (o) as paragraph (q) and revising it, by adding

a new paragraph (o), by redesignating paragraph (p) as paragraph (r)

and revising it to read as follows:

Sec. 763.121 Regulatory requirements.

* * * * *

(b) Definitions.

* * * * *

Automotive brake and clutch repair operations means repair,

cleaning and replacement of asbestos-containing clutch plates and brake

pads, shoes, and linings and removal of asbestos-containing residue

from brake drums or clutch housing that has been deposited as brakes

and clutches wear.

* * * * *

Construction work means work for construction, alteration, and/or

repair, including painting and decorating, and includes (but is not

limited to) the following construction activities:

(1) Demolition or salvage of structures where asbestos is present;

(2) Removal or encapsulation of materials containing asbestos;

(3) Construction, alteration, repair, maintenance, or renovation of

structures, substrates, or portions thereof, that contain asbestos;

(4) Installation of products containing asbestos;

(5) Asbestos spill/emergency cleanup, and

(6) Transportation, disposal, storage, or containment of asbestos

or products containing asbestos on the site or location at which

construction activities are performed.

* * * * *

Emergency project means a project involving the removal, enclosure,

or encapsulation of asbestos-containing material that was not planned,

but results from a sudden unexpected event.

* * * * *

(c) Permissible exposure limits (PELS).--(1) Time-weighted average

limit (TWA). The employer shall ensure that no employee is exposed to

an airborne concentration of asbestos in excess of 0.2 fibers/cubic

centimeter (f/cc) of air as an 8-hour TWA as determined by the method

prescribed in Appendix A of this section, or by an equivalent method.

(2) Excursion limit. The employer shall ensure that no employee is

exposed to an airborne concentration of asbestos in excess of 1.0 (1 f/

cc) of air as averaged over a sampling period of 30 minutes.

(3) Alternative voluntary method. The employer may utilize exposure

limits based on Transmission Electron Microscopy (TEM) Analytical

Method following the method contained in part 763 Appendix A to Subpart

E. In order to achieve limits comparable to the number of fibers

counted by Phase Contrast Microscopy (PCM), the corresponding exposure

limit, by TEM for the PEL of 0.2 f/cc, is 1.3 structures/cubic

centimeter (s/cc) for an 8-hour TWA. The corresponding exposure limit,

by TEM for the excursion limit of 1.0 f/cc as averaged over a sampling

period of 30 minutes, is 6.7 s/cc averaged over the 30-minute excursion

period.

* * * * *

(e) Regulated areas.--(1) General. The employer shall establish a

regulated area in work areas where airborne concentrations of asbestos

exceed or can reasonably be expected to exceed the TWA and/or excursion

limit prescribed in paragraph (c) of this section.

(2) Demarcation. The regulated area shall be demarcated in any

manner that minimizes the number of persons within the area and

protects persons outside the area from exposure to airborne

concentrations of asbestos in excess of the TWA and/or excursion limit.

* * * * *

(6) * * *

(iii) In addition to the qualifications specified in paragraph (b)

of this section, the competent person shall be trained in all aspects

of asbestos abatement, the contents of this subpart, the identification

of asbestos and its removal procedures, and other practices for

reducing the hazard. Such training shall be obtained in a comprehensive

course, such as a course conducted by an EPA or State-approved training

provider, or an equivalent course.

(7) For small-scale, short-duration operations, the employer who

complies with the provisions of Appendix G of this subpart is not also

required to comply with paragraphs (e)(6) and (j)(1)(i) and (j)(2)(i)

of this section.

(f) * * *

(1) * * *

(ii) Determinations of employee exposure shall be made from

breathing zone air samples that are representative of the 8-hour TWA

and 30-minute short-term exposures of each employee.

(iii) Representative 8-hour TWA employee exposures shall be

determined on the basis of one or more samples representing full-shift

exposure for employees in each work area. Representative 30-minute

short-term employee exposures shall be determined on the basis of one

or more samples representing 30-minute exposures associated with

operations that are most likely to produce exposures above the

excursion limit for employees in each work area.

(2) * * *

(ii) The employer may demonstrate that employee exposures are below

the action level by means of objective data demonstrating that the

product or material containing asbestos cannot release airborne fibers

in concentrations exceeding the action level under those work

conditions having the greatest potential for releasing asbestos.

(iii) Where the employer has monitored each asbestos job for the

TWA, and where the employer has monitored after [insert date 60 days

after date of publication of the final rule] for the excursion limit,

and the data were obtained during work operations conducted under

workplace conditions closely resembling the processes, type of

material, control methods, work practices, and environmental conditions

used and prevailing in the employer's current operations, the employer

may rely on such earlier monitoring results to satisfy the requirements

of paragraph (f)(2)(i) of this section.

* * * * *

(4) Termination of monitoring. (i) If the periodic monitoring

required by paragraph (f)(3) of this section reveals that employee

exposures, as indicated by statistically reliable measurement, are

below the action level and/or excursion limit, the employer may

discontinue monitoring for those employees whose exposures are

represented by such monitoring.

(ii) Additional monitoring. Notwithstanding the provisions of

paragraph (f)(4)(i) of this section, the employer shall institute the

exposure monitoring required under paragraph (f)(3) of this section

whenever there has been a change in process, control equipment,

personnel or work practices that may result in new or additional

exposures above the action level and/or excursion limit or when the

employer has any reason to suspect that a change may result in new or

additional exposures above the action level and/or excursion limit.

(iii) Exception: When all employees within a regulated area are

equipped with supplied-air respirators operated in the positive-

pressure mode, the employer may dispense with the monitoring required

by this paragraph.

* * * * *

(g) * * *

(1) * * *

(i) The employer shall use one or any combination of the following

control methods to achieve compliance with the TWA and/or excursion

limit prescribed by paragraph (c) of this section: * * *

(ii) Wherever the feasible engineering and work practice controls

described in this paragraph are not sufficient to reduce employee

exposure to or below the TWA and/or excursion limit prescribed in

paragraph (c) of this section, the employer shall use them to reduce

employee exposure to the lowest levels attainable by these controls and

shall supplement them by the use of respiratory protection that

complies with the requirements of paragraph (h) of this section.

* * * * *

(3) Employee rotation. The employer shall not use employee rotation

as a means of compliance with the TWA and/or excursion limit prescribed

in paragraph (c) of this section.

(h) * * *

(1) * * *

(iii) In work situations where feasible engineering and work

practice controls are not yet sufficient to reduce exposure to or below

the TWA and/or excursion limit.

* * * * *

(3) * * *

(i) Where respiratory protection is used, the employer shall

institute a respirator program in accordance with the OSHA standard for

respiratory protection (29 CFR 1910.134(b), (d), (e), and (f)).

* * * * *

(i) * * *

(1) General. The employer shall provide and require the use of

protective clothing, such as coveralls or similar whole body clothing,

head coverings, gloves, and foot coverings for any employee exposed to

airborne concentrations of asbestos that exceed the TWA and/or

excursion limit prescribed in paragraph (c) of this section.

(2) * * *

(i) The employer shall ensure that laundering of contaminated

clothing is done so as to prevent the release of airborne asbestos in

excess of the TWA and/or excursion limit prescribed in paragraph (c) of

this section.

(ii) Any employer who gives contaminated clothing to another person

for laundering shall inform such person of the requirement in paragraph

(i)(2)(i) of this section to effectively prevent the release of

airborne asbestos in excess of the TWA and/or excursion limit

prescribed in paragraph (c) of this section.

* * * * *

(j) * * *

(1) * * *

(iii) Whenever food or beverages are consumed at the worksite and

employees are exposed to airborne concentrations of asbestos in excess

of the TWA and/or excursion limit, the employer shall provide lunch

areas in which the airborne concentration of asbestos is below the

action level and/or excursion limit.

* * * * *

(2) * * *

(vii) For small-scale, short-duration operations, the employer who

complies with the provisions of Appendix G of subpart G is not also

required to comply with paragraphs (e)(6), (j)(1)(i) and (j)(2)(i) of

this section.

(3) Smoking in work areas. The employer shall ensure that employees

do not smoke in work areas where they are occupationally exposed to

asbestos because of activities in that work area.

(k) * * *

(1) * * *

(i) Warning signs that demarcate the regulated area shall be

provided and displayed at each location where airborne concentrations

of asbestos may be in excess of the TWA and/or excursion limit

prescribed in paragraph (c) of this section. Signs shall be posted at

such a distance from such a location that an employee may read the

signs and take necessary protective steps before entering the area

marked by the signs.

* * * * *

(iii) The employer shall ensure that employees working in, and

contiguous to, regulated areas comprehend the warning signs required to

be posted by paragraph (k)(1)(i) of this section. Means to ensure

employee comprehension may include the use of foreign languages,

pictographs, and graphics.

* * * * *

(3) * * *

(i) The employer shall institute a training program for all

employees who are exposed to airborne concentrations of asbestos at or

above the action level and/or excursion limit and shall ensure their

participation in the program.

* * * * *

(iii) * * *

(I) The names, addresses and phone numbers of public health

organizations which provide information, materials and/or conduct

programs concerning smoking cessation. The employer may distribute the

list of such organizations contained in Appendix J to Subpart G, to

comply with this requirement.

(J) The requirements for posting signs and affixing labels and the

meaning of the required legends for such signs and labels.

(4) * * *

(iii) The employer shall inform all employees concerning the

availability of self-help smoking cessation program material. Upon

employee request, the employer shall distribute such material,

consisting of NIH Publication No. 89-1647, or equivalent self-help

material, which is approved or published by a public health

organization listed in Appendix J to Subpart G.

* * * * *

(m) * * *

(1) * * *

(i) Employees covered. The employer shall institute a medical

surveillance program for all employees engaged in work involving levels

of asbestos at or above the action level and/or excursion limit for 30

or more days per year, or who are required by this section to wear

negative pressure respirators.

* * * * *

(4) * * *

(i) * * *

(D) A statement that the employee has been informed by the

physician of the increased risk of lung cancer attributable to the

combined effect of smoking and asbestos exposure.

* * * * *

(n) * * *

(1) * * *

(i) Where the employer has relied on data from earlier monitoring

that demonstrates that products made from or containing asbestos are

not capable of releasing asbestos fibers in concentrations at or above

the action level and/or excursion limit under the expected conditions

of processing, use, or handling, to exempt such operations from the

initial monitoring requirements under paragraph (f)(2) of this section,

the employer shall establish and maintain an accurate record of data

from earlier monitoring reasonably relied on in support of the

exemption.

* * * * *

(o) Asbestos brake and clutch repair and service operations. The

employer of employees engaged in asbestos brake and clutch repair and

service operations is subject to all the provisions in this section

except for paragraphs (d), (e)(6), (i)(4), and (j)(2).

(p) Compressed air. Compressed air shall not be used to remove

asbestos in brake and clutch repair operations, unless the compressed

air is used in conjunction with a ventilation system designed to

capture the dust cloud created by the compressed air.

(q) Effective date. These amendments shall become effective [insert

date 60 days after date of publication of the final rule].

(r) Appendices. (1) Appendices A, C, D, and E to this subpart are

mandatory.

(2) Appendix B to this subpart is informational and is not intended

to create any additional obligations not otherwise imposed or to

detract from any existing obligations.

(3) Appendix F to this subpart is nonmandatory and is intended to

provide guidelines to assist employers in complying with the

requirements of Sec. 763.121.

(4) Appendix G to this subpart is nonmandatory. Employers wishing

to be exempted from the requirements of Sec. 763.121(e)(6),

(j)(1)(i)(B), and (j)(2)(i) shall instead comply with provisions of

this Appendix for small-scale operations to achieve employee exposures

below the rule's action level.

(5) Appendices H, I, and J to this subpart are nonmandatory and are

not intended to create any additional obligations not otherwise

imposed, or to detract from any existing obligations.

(6) Appendix K to this subpart is nonmandatory. Employers wishing

to be exempted from the requirements of Sec. 763.121 that are triggered

by employee exposures above the action level or PEL during brake and

clutch repair operations may instead comply with the provisions of this

Appendix.

Appendices A-E to Sec. 763.121 [Redesignated]

7. By redesignating Appendices A through E to Sec. 763.121 as

Appendices A through E to Subpart G.

8. Section 763.122 is revised to read as follows:

Sec. 763.122 Exclusions for States.

(a) Application procedures for existing plans. States that

currently have EPA-approved State Asbestos Worker Protection Plans have

6 months from [effective date of rule] or such other reasonable time as

suggested by the particular State and approved by EPA to make their

regulations comparable to or more stringent than this part, and to

submit their regulations to EPA for review. If in such reasonable time

after [effective date of rule], these States have not so revised their

regulations and submitted them to EPA, State and local government

employers in such States shall be subject to the requirements of this

part.

(1) Upon request from a State Governor, and after notice and

comment, EPA may exclude that State from the requirements of this

subpart in accordance with paragraphs (b), (c), and (d) of this

section.

(2) All requirements of the subpart shall apply until an exclusion

is granted under this section.

(b) Request. Each request by a Governor to exclude a State from

requirements of this subpart shall be sent with three complete copies

of the request to the Regional Administrator for the EPA Region in

which the State is located and shall include:

(1) A copy of the State statutes, regulations, and provisions

relating to its asbestos worker protection program.

(2)(i) The name of the State agency that is, or will be,

responsible for administering and enforcing the State's asbestos worker

protection laws, the names and job titles of responsible officials in

that Agency and the phone numbers where the officials can be contacted.

(ii) In the event that more than one agency is or will be

responsible for administering and enforcing these laws, a description

of the functions performed by each agency, identification of the lead

agency, how the program will be coordinated by the lead agency to

ensure consistency and effective administration of the program within

the State, the names and job titles of responsible officials in the

agencies and the phone numbers where the officials can be contacted.

The lead agency will serve as the central contact point for the EPA.

(3) Detailed reasons, supporting papers, and the rationale for

concluding that the State's asbestos worker protection program

provisions for which the request is made are at least as stringent as

the requirements of this subpart.

(4) A discussion of any special situations, problems, and needs

pertaining to the exclusion request accompanied by an explanation of

how the State intends to handle them.

(5) A statement of the resources that the State intends to devote

to the administration and enforcement of the State's asbestos worker

protection laws.

(6) Copies of any specific or enabling State statutes (enacted and

pending enactment) and regulations (promulgated and pending

promulgation) and regulations relating to the request, including

provisions for assessing criminal and/or civil penalties.

(7) Assurance from the Governor, the Attorney General, or the legal

counsel of the lead Agency that the lead Agency or other cooperating

agencies have the legal authority necessary to carry out the

requirements relating to the request.

(c) General notice. (1) Within 60 days after receipt of a request

for an exclusion, EPA will determine the completeness of the request.

If EPA does not request further information within the 60-day period,

the request will be deemed complete.

(2) EPA will publish a notice in the Federal Register that

announces receipt of the request, describes the information submitted

under paragraph (b) of this section, and solicits written comment from

interested members of the public.

(3) If, during the comment period, EPA receives a written objection

to a Governor's request, it will publish a notice of the objection in

the Federal Register. Each comment must include the name and address of

the person submitting the comment.

(d) Criteria. EPA may exclude a State from the requirements of this

subpart if:

(1) The State's lead agency and other cooperating agencies have the

legal authority necessary to ensure that the State's program of

asbestos worker protection is at least as stringent as that provided

for in this subpart.

(2) The State has an enforcement mechanism to allow it to implement

the program described in the exclusion request.

(3) The lead Agency and any cooperating agencies have or will have

qualified personnel to carry out the provisions relating to the

exclusion request.

(4) The State will devote adequate resources to the administration

and enforcement of its provisions relating to the exclusion request.

(5) When specified by EPA, the State gives satisfactory assurances

that necessary steps, including specific actions it proposes to take

and a time schedule for their accomplishment, will be taken within a

reasonable time to conform with applicable criteria under paragraph

(d)(2) through (d)(4) of this section.

(e) Decision. EPA will publish a notice in the Federal Register

announcing its decision to grant or deny a Governor's request for

exclusion from the requirements of this subpart. The notice will

include EPA's reasons and rationale for granting or denying the

Governor's request.

(f) Modifications. When any substantial change is made in the laws

governing asbestos worker protection, or in the administration or

enforcement of a State program in a State that was excluded under this

section, a responsible official in the lead agency shall submit such

changes to EPA.

(g) Reports. The lead agency in each State that has been granted an

exclusion by EPA from requirements of this subpart shall submit a

report to the Regional Administrator for the Region in which the State

is located at least once every 12 months to include the following

information:

(1) A summary of the State's implementation and enforcement

activities during the last reporting period relating to the exclusion

under this section, including enforcement actions taken.

(2) Any changes in the administration or enforcement of the State

program implemented during the last reporting period.

(3) Other reports as may be required by EPA to carry out effective

oversight of any exclusion granted from this rule's requirements.

(h) Oversight. EPA may periodically evaluate the adequacy of a

State's implementation and enforcement of and resources devoted to

carrying out requirements relating to the exclusion. This evaluation

may include, but is not limited to, site visits to State or local

facilities where asbestos worker protection provisions should be in

place, without prior notice to the State.

(i) Informal Conference. (1) EPA may request that an informal

conference be held between appropriate State and EPA officials when EPA

has reason to believe that a State has failed to:

(i) Substantially comply with the terms of any provision under this

section.

(ii) Meet the criteria under paragraph (d) of this section,

including the failure to carry out enforcement activities, or act on

violations of the State program.

(2) EPA will:

(i) Specify to the State those aspects of the State's program

believed to be inadequate.

(ii) Specify to the State the facts that support the belief of

inadequacy.

(3) If EPA finds, on the basis of information submitted by the

State at the informal conference, that deficiencies did not exist or

were corrected by the State, no further action is required.

(4) Where EPA finds that deficiencies in the State program exist, a

plan to correct the deficiencies shall be negotiated between the State

and EPA. The plan shall detail the deficiencies found in the State

program, specify the steps the State has taken or will take to remedy

the deficiencies, and establish a schedule for each remedial action to

be initiated.

(j) Rescission. (1) If the State fails to meet with EPA, or fails

to correct deficiencies raised at the informal conference, EPA will

deliver to the Governor of the State and a responsible official in the

lead Agency, a written notice of its intent to rescind the exclusion.

(2) EPA will publish in the Federal Register a notice that rescinds

the exclusion, describes those aspects of the State's program

determined to be inadequate, and specifies the facts that support the

findings of inadequacy.

9. In Sec. 763.124, paragraphs (a), (b)(2), (b)(3), (c), and (d)

are revised to read as follows:

Sec. 763.124 Reporting.

(a) Employers subject to this rule must submit a report on their

proposed project activities to the Regional Asbestos Coordinator for

the EPA Region in which the asbestos construction project is located at

least 10 days before they begin any asbestos construction project,

except ``small-scale, short-duration'' projects, or ``emergency

projects,'' as defined in Sec. 763.121(b). Employers must report any

emergency project subject to this rule as soon as possible but in no

case more than 48 hours after the project begins. A list of EPA

Regional Offices is given under Sec. 1.7 (b) of this chapter.

(b) * * *

(2) The location, including street address, of the asbestos

construction work project.

(3) The scheduled starting and completion dates for the asbestos

construction work project.

(c) The report must be received at least 10 days before the

asbestos construction work project begins unless the report is for an

emergency project. In such a case, the report must be received as soon

as possible but in no case more than 48 hours after the project begins.

(d) Employers do not have to report under this section if EPA

receives a notice under the National Emission Standard for Asbestos,

Sec. 61.146 of this chapter for construction work projects exceeding

160 square feet or 260 linear feet, at least 10 days before they begin

an asbestos construction work project and that notice clearly indicates

that employees covered by this rule will perform some or all of the

asbestos construction work.

10. In Sec. 763.125, paragraphs (a) and (e) are revised to read as

follows:

Sec. 763.125 Enforcement.

(a) Failure to comply with any provision of this subpart is a

violation of section 15 of the Act (15 U.S.C. 2614).

* * * * *

(e) EPA may seek to enjoin an asbestos construction work project

that is in violation of this subpart, or take actions under the

authority of section 7 or 17 of the Act (15 U.S.C. 2606 or 2616).

11. Section 763.126 is revised to read as follows:

Sec. 763.126 Inspections.

EPA may conduct inspections under section 11 of the Act (15 U.S.C.

2610) to ensure compliance with this subpart.

12. By revising newly redesignated Appendices A, B, C, E, and G to

Subpart G, revising the title of newly redesignated Appendix D to

Subpart G, and adding Appendices F and H through K to Subpart G to read

as follows:

Appendix A to Subpart G--EPA/OSHA Reference Method--Mandatory

This mandatory appendix specifies the procedure for analyzing

air samples for asbestos and specifies quality control procedures

that must be implemented by laboratories performing the analysis.

The sampling and analytical methods described below represent the

elements of the available monitoring methods essential to achieve

adequate employee exposure monitoring while allowing employers to

use methods that are already established within their organizations.

All employers who are required to conduct air monitoring under

Sec. 763.121(f) are required to utilize analytical laboratories that

use this procedure, or an equivalent method for collecting and

analyzing samples.

Sampling and Analytical Procedure

1. The sampling medium for air samples shall be mixed cellulose

ester filter membranes. These shall be designated by the

manufacturer as suitable for asbestos counting. See below for

rejection of blanks.

2. The preferred collection device shall be the 25-mm diameter

cassette with an open-faced 50-mm electrically conductive extension

cowl. The 37-mm cassette may be used if necessary, but only if

written justification for the need to use the 37-mm filter cassette

accompanies the sample results in the employee's exposure monitoring

record.

3. An air flow rate between 0.5 liter/min and 2.5 liters/min

shall be selected for the 25-mm cassette. If the 37-mm cassette is

used, an air flow rate between 1 liter/min and 2.5 liters/min shall

be selected.

4. Where possible, a sufficient air volume for each air sample

shall be collected to yield between 100 and 1,300 fibers per square

millimeter on the membrane filter. If a filter darkens in appearance

or if loose dust is seen on the filter, a second sample shall be

started.

5. Ship the samples in a rigid container with sufficient packing

material to prevent dislodging the collected fibers. Packing

material that has a high electrostatic charge on its surface (e.g.,

expanded polystyrene) cannot be used because such material can cause

loss of fibers to the sides of the cassette.

6. Calibrate each personal sampling pump before and after use

with a representative filter cassette installed between the pump and

the calibration devices.

7. Personal samples shall be taken in the ``breathing zone'' of

the employee (i.e., attached to or near the collar or lapel near the

worker's face).

8. Fiber counts shall be made by positive phase contrast using a

microscope with an 8 to 10 X eyepiece and a 40 to 45 X objective for

a total magnification of approximately 400 X and a numerical

aperture of 0.65 to 0.75. The microscope shall also be fitted with a

green or blue filter.

9. The microscope shall be fitted with a Walton-Beckett eyepiece

graticule calibrated for a field diameter of 100 micrometers

( 2 micrometers).

10. The phase-shift detection limit of the microscope shall be

about 3 degrees measured using the HSE phase shift test slide as

outlined below.

a. Place the test slide on the microscope stage and center it

under the phase objective.

b. Bring the blocks of grooved lines into focus.

Note: The slide consists of seven sets of grooved lines (ca. 20

grooves to each block) in descending order of visibility from sets 1

to 7, seven being the least visible. The requirements for asbestos

counting are that the microscope optics must resolve the grooved

lines in set 3 completely, although they may appear somewhat faint,

and that the grooved lines in sets 6 and 7 must be invisible. Sets 4

and 5 must be at least partially visible but may vary slightly in

visibility between microscopes. A microscope that fails to meet

these requirements has either too low or too high a resolution to be

used for asbestos counting.

c. If the image deteriorates, clean and adjust the microscope

optics. If the problem persists, consult the microscope

manufacturer.

11. Each set of samples taken will include 10 percent blanks or

a minimum of 2 blanks. The blank results shall be averaged and

subtracted from the analytical results before reporting. Any samples

represented by a blank having a fiber count in excess of 7 fibers/

100 fields shall be rejected.

12. The samples shall be mounted by the acetone/triacetin method

or a method with an equivalent index of refraction and similar

clarity.

13. Observe the following counting rules.

a. Count only fibers equal to or longer than 5 micrometers.

Measure the length of curved fibers along the curve.

b. In the absence of other information, count all particles as

asbestos that have a length-to-width ratio (aspect ratio) of 3:1 or

greater.

c. Fibers lying entirely within the boundary of the Walton-

Beckett graticule field shall receive a count of 1. Fibers crossing

the boundary once, having one end within the circle, shall receive

the count of one-half (\1/2\). Do not count any fiber that crosses

the graticule boundary more than once. Reject and do not count any

other fibers even though they may be visible outside the graticule

area.

d. Count bundles of fibers as one fiber unless individual fibers

can be identified by observing both ends of an individual fiber.

e. Count enough graticule fields to yield 100 fibers. Count a

minimum of 20 fields; stop counting at 100 fields regardless of

fiber count.

14. Blind recounts shall be conducted at the rate of 10 percent.

Quality Control Procedures

1. Intralaboratory program. Each laboratory and/or each company

with more than one microscopist counting slides shall establish a

statistically designed quality assurance program involving blind

recounts and comparisons between microscopists to monitor the

variability of counting by each microscopist and between

microscopists. In a company with more than one laboratory, the

program shall include all laboratories and shall also evaluate the

laboratory-to-laboratory variability.

2. Interlaboratory program. Each laboratory analyzing asbestos

samples for compliance determination shall implement an

interlaboratory quality assurance program, that as a minimum,

includes participation of at least two other independent

laboratories. Each laboratory shall participate in round robin

testing at least once every 6 months with at least all the other

laboratories in its interlaboratory quality assurance group. Each

laboratory shall submit slides typical of its own work load for use

in this program. The round robin shall be designed and results

analyzed using appropriate statistical methodology.

3. All individuals performing asbestos analysis must have taken

the NIOSH course for sampling and evaluating airborne asbestos dust

or an equivalent course.

4. When the use of different microscopes contributes to

differences between counters and laboratories, the effect of the

different microscope shall be evaluated and the microscope shall be

replaced, as necessary.

5. Current results of these quality assurance programs shall be

posted in each laboratory to keep the microscopists informed.

Appendix B to Subpart G--Detailed Procedure for Asbestos Sampling and

Analysis--Non-Mandatory

This appendix contains a detailed procedure for sampling and

analysis and includes those critical elements specified in Appendix

A of this section. Employers are not required to use this procedure,

but they are required to use Appendix A of this section. The purpose

of Appendix B of this section is to provide a detailed step-by-step

sampling and analysis procedure that conforms to the elements

specified in Appendix A of this section. Since this procedure may

also standardize the analysis and reduce variability, EPA encourages

employers to use this appendix.

Technique: Microscopy, Phase Contrast.

Analyte: Fibers (manual count).

Sample Preparation: Acetone/triacetin method.

Calibration: Phase-shift detection limit about 3 degrees.

Range: 100 to 1,300 fibers/mm\2\ filter area.

Estimated Limit of Detection: 7 fibers/mm\2\ filter area.

Sampler: Filter (0.8-1.2 m mixed cellulose ester

membrane, 25-mm diameter).

Flow Rate: 0.5 L/min to 2.5 L/min (25-mm cassette); 1.0 L/min to

2.5 L/min (37-mm cassette).

Sample Volume: Adjust to obtain 100 to 1,300 fibers/mm\2\.

Shipment: Routine.

Sample Stability: Indefinite.

Blanks: 10% of samples (minimum 2).

Standard Analytical Error: 0.25.

Applicability: The working range is 0.02 f/cc (1920-L air

sample) to 1.25 f/cc (400-L sample). The method gives an index of

airborne asbestos fibers but may be used for other materials such as

fibrous glass by inserting suitable parameters into the counting

rules. The method does not differentiate between asbestos and other

fibers. Asbestos fibers less than ca. 0.25 m diameter will

not be detected by this method.

Interferences: Any other airborne fiber may interfere since all

particles meeting the counting criteria are counted. Chain-like

particles may appear fibrous. High levels of nonfibrous dust

particles may obscure fibers in the field of view and raise the

detection limit.

Reagents:

1. Acetone.

2. Triacetin (glycerol triacetate), reagent grade.

Special Precautions: Acetone is an extremely flammable liquid

and precautions must be taken not to ignite it. Heating of acetone

must be done in a ventilated laboratory fume hood using a flameless,

spark-free heat source.

Equipment:

1. Collection device: 25-mm cassette with 50-mm electrically

conductive extension cowl with cellulose ester filter, 0.8 to 1.2 mm

pore size and backup pad.

Note: Analyze representative filters for fiber background before

use and discard the filter lot if more than 5 fibers/100 fields are

found.

2. Personal sampling pump, greater than or equal to 0.5 l/min,

with flexible connecting tubing.

3. Microscope, phase contrast, with green or blue filter, 8 to

10X eyepiece, and 40 to 45X phase objective (total magnification ca.

400X); numerical aperture=0.65 to 0.75.

4. Slides, glass, single-frosted, pre-cleaned, 25 x 75 mm.

5. Cover slips, 25 x 25 mm, No. 1\1/2\ unless otherwise

specified by microscope manufacturer.

6. Knife, #1 surgical steel, curved blade.

7. Tweezers.

8. Flask, Guth-type, insulated neck, 250 to 500 mL (with single-

holed rubber stopper and elbow-jointed glass tubing, 16 to 22 cm

long).

9. Hotplate, spark-free, stirring type; heating mantle; or

infrared lamp and magnetic stirrer.

10. Syringe, hypodermic, with 22-gauge needle.

11. Graticule, Walton-Beckett type with 100 m diameter

circular field at the specimen plane (area=0.00785 mm\2\), (Type G-

22).

Note: The graticule is custom-made for each microscope.

12. HSE/NPL phase contrast test slide, Mark II.

13. Telescope, ocular phase-ring centering.

14. Stage micrometer (0.01 mm divisions).

Sampling

1. Calibrate each personal sampling pump with a representative

sampler in line.

2. Fasten the sampler to the worker's lapel as close as possible

to the worker's mouth. Remove the top cover from the end of the cowl

extension (open face) and orient face down. Wrap the joint between

the extender and the monitor's body with shrink tape to prevent air

leaks.

3. Submit at least two blanks (or 10 percent of the total

samples, whichever is greater) for each set of samples. Remove the

caps from the field blank cassettes and store the caps and cassettes

in a clean area (bag or box) during the sampling period. Replace the

caps in the cassettes when sampling is completed.

4. Sample at 0.5 L/min or greater. Do not exceed 1 mg total dust

loading on the filter. Adjust sampling flow rate, Q (L/min), and

time to produce a fiber density, E (fibers/ mm\2\), of 100 to 1,300

fibers/m\2\ [3.85 x 10\4\ to 5 x 10\5\ fibers per 25-mm filter with

effective collection area (Ac=385 mm\2\)] for optimum counting

precision (see step 21 below). Calculate the minimum sampling time,

tminimum (min) at the action level (one-half of the current

standard), L (f/cc) of the fibrous aerosol being sampled:

(Ac)(E)

t minimum = --------------------------

(Q)(L) 103

5. Remove the field monitor at the end of sampling, replace the

plastic top cover and small end caps, and store the monitor.

6. Ship the samples in a rigid container with sufficient packing

material to prevent jostling or damage.

Note: Do not use polystyrene foam in the shipping container

because of electrostatic forces which may cause fiber loss from the

sample filter.

Sample Preparation

Note: The object is to produce samples with a smooth (nongrainy)

background in a medium with a refractive index equal to or less than

1.46. The method below collapses the filter for easier focusing and

produces permanent mounts which are useful for quality control and

interlaboratory comparison. Other mounting techniques meeting the

above criteria may also be used, e.g., the nonpermanent field

mounting technique used in P & CAM 239.

7. Ensure that the glass slides and cover slips are free of dust

and fibers.

8. Place 40 to 60 ml of acetone into a Guth-type flask. Stopper

the flask with a single-hole rubber stopper through which a glass

tube extends 5 to 8 cm into the flask. The portion of the glass tube

that exits the top of the stopper (8 to 10 cm) is bent downward in

an elbow that makes an angle of 20 to 30 degrees with the

horizontal.

9. Place the flask in a stirring hotplate or wrap in a heating

mantle. Heat the acetone gradually to its boiling temperature (ca.

58 deg.C).

Caution. The acetone vapor must be generated in a ventilated

fume hood away from all open flames and spark sources. Alternate

heating methods can be used, providing no open flame or sparks are

present.

10. Mount either the whole sample filter or a wedge cut from the

sample filter on a clean glass slide.

a. Cut wedges of ca. 25 percent of the filter area with a

curved-blade steel surgical knife using a rocking motion to prevent

tearing.

b. Place the filter or wedge, dust side up, on the slide. Static

electricity will usually keep the filter on the slide until it is

cleared.

c. Hold the glass slide supporting the filter approximately 1 to

2 cm from the glass tube port where the acetone vapor is escaping

from the heated flask. The acetone vapor stream should cause a

condensation spot on the glass slide ca. 2 to 3 cm in diameter. Move

the glass slide gently in the vapor stream. The filter should clear

in 2 to 5 sec. If the filter curls, distorts, or is otherwise

rendered unusable, the vapor stream is probably not strong enough.

Periodically wipe the outlet port with tissue to prevent liquid

acetone dripping onto the filter.

d. Using the hypodermic syringe with a 22-gauge needle, place 1

to 2 drops of triacetin on the filter. Gently lower a clean 25-mm

square cover slip down onto the filter at a slight angle to reduce

the possibility of forming bubbles. If too many bubbles form or the

amount of triacetin is insufficient, the cover slip may become

detached within a few hours.

e. Glue the edges of the cover slip to the glass slide using a

lacquer or nail polish.

Note: If clearing is slow, the slide preparation may be heated

on a hotplate (surface temperature 50 deg.C) for 15 min. to hasten

clearing. Counting may proceed immediately after clearing and

mounting are completed.

Calibration and Quality Control

11. Calibration of the Walton-Beckett graticule. The diameter,

dc (mm), of the circular counting area and the disc diameter

must be specified when ordering the graticule.

a. Insert any available graticule into the eyepiece and focus so

that the graticule lines are sharp and clear.

b. Set the appropriate interpupillary distance and, if

applicable, reset the binocular head adjustment so that the

magnification remains constant.

c. Install the 40 to 45 X phase objective.

d. Place a stage micrometer on the microscope object stage and

focus the microscope on the graduated lines.

e. Measure the magnified grid length, Lo (um), using the

stage micrometer.

f. Remove the graticule from the microscope and measure its

actual grid length, La (mm). This can best be accomplished by

using a stage fitted with verniers.

g. Calculate the circle diameter, dc (mm), for the Walton-

Beckett graticule:

La x D

dC = --------------------------

Lo

h. Check the field diameter, D (acceptable range 100 mm

2 mm) with a stage micrometer upon receipt of the

graticule from the manufacturer. Determine field area (mm\2\).

12. Microscope adjustments. Follow the manufacturer's

instructions and also the following:

a. Adjust the light source for even illumination across the

field of view at the condenser iris.

Note: Kohler illumination is preferred, where available.

b. Focus on the particulate material to be examined.

c. Make sure that the field iris is in focus, centered on the

sample, and open only enough to fully illuminate the field of view.

d. Use the telescope ocular supplied by the manufacturer to

ensure that the phase rings (annular diaphragm and phase-shifting

elements) are concentric.

13. Check the phase-shift detection limit of the microscope

periodically.

a. Remove the HSE/NPL phase-contrast test slide from its

shipping container and center it under the phase objective.

b. Bring the blocks of grooved lines into focus.

Note: The slide consists of seven sets of grooves (ca. 20

grooves to each block) in descending order of visibility from sets 1

to 7. The requirements for counting are that the microscope optics

must resolve the grooved lines in set 3 completely, although they

may appear somewhat faint, and that the grooved lines in sets 6 to 7

must be invisible. Sets 4 and 5 must be at least partially visible

but may vary slightly in visibility between microscopes. A

microscope which fails to meet these requirements has either too low

or too high a resolution to be used for asbestos counting.

c. If the image quality deteriorates, clean the microscope

optics and, if the problem persists, consult the microscope

manufacturer.

14. Quality control of fiber counts.

a. Prepare and count field blanks along with the field samples.

Report the counts on each blank. Calculate the mean of the field

blank counts and subtract this value from each sample count before

reporting the results.

Note 1: The identity of the blank filters should be unknown to

the counter until all counts have been completed.

Note 2: If a field blank yields fiber counts greater than 7

fibers/100 fields, report possible contamination of the samples.

b. Perform blind recounts by the same counter on 10 percent of

filters counted (slides relabeled by a person other than the

counter).

15. Use the following test to determine whether a pair of counts

on the same filter should be rejected because of possible bias. This

statistic estimates the counting repeatability at the 95 percent

confidence level. Discard the sample if the difference between the

two counts exceeds 2.77 (F)sr where F=average of the two fiber

counts and sr=relative standard deviation, which should be

derived by each laboratory based on historical in-house data.

Note: If a pair of counts is rejected as a result of this test,

recount the remaining samples in the set and test the new counts

against the first counts. Discard all rejected paired counts.

16. Enroll each new counter in a training course that compares

performance of counters on a variety of samples using this

procedure.

Note: To ensure good reproducibility, all laboratories engaged

in asbestos counting are required to participate in the Proficiency

Analytical Testing (PAT) Program and should routinely participate

with other asbestos fiber counting laboratories in the exchange of

field samples to compare performance of counters.

Measurement

17. Place the slide on the mechanical stage of the calibrated

microscope with the center of the filter under the objective lens.

Focus the microscope on the plane of the filter.

18. Regularly check phase-ring alignment and Kohler

illumination.

19. The following are the counting rules:

a. Count only fibers longer than 5 um. Measure the length of

curved fibers along the curve.

b. Count only fibers with a length-to-width ratio equal to or

greater than 3:1.

c. For fibers that cross the boundary of the graticule field, do

the following:

(1) Count any fiber longer than 5 um that lies entirely within

the graticule area.

(2) Count as \1/2\ fiber any fiber with only one end lying

within the graticule area.

(3) Do not count any fiber that crosses the graticule boundary

more than once.

(4) Reject and do not count all other fibers.

d. Count bundles of fibers as one fiber unless individual fibers

can be identified by observing both ends of a fiber.

e. Count enough graticule fields to yield 100 fibers. Count a

minimum of 20 fields. Stop at 100 fields regardless of fiber count.

20. Start counting from one end of the filter and progress along

a radial line to the other end, shift either up or down on the

filter, and continue in the reverse direction. Select fields

randomly by looking away from the eyepiece briefly while advancing

the mechanical stage. When an agglomerate covers ca. \1/6\ or more

of the field of view, reject the field and select another. Do not

report rejected fields in the number of total fields counted.

Note: When counting a field, continuously scan a range of focal

planes by moving the fine focus knob to detect very fine fibers

which have become embedded in the filter. The small-diameter fibers

will be very faint but are an important contribution to the total

count.

Calculations

21. Calculate and report fiber density on the filter, E (fibers/

mm2); by dividing the total fiber count, F; minus the mean

field blank count, B, by the number of fields, n; and the field

area, Af (0.00785 mm2 for a properly calibrated Walton-

Beckett graticule):

(F/nf) - (B/nb)

E = ---------------------- fibers/mm2

Af

where:

nf--number of fields in submission sample

nb--number of fields in blank sample

22. Calculate the concentration, C (f/cc), of fibers in the air

volume sampled, V (L), using the effective collection area of the

filter, Ac (385 mm2 for a 25-mm filter):

(E)(Ac)

C = ---------------------------

V(103)

Note: Periodically check and adjust the value of Ac, if

necessary.

Appendix C to Subpart G--Qualitative and Quantitative Fit Testing

Procedures--Mandatory

Qualitative Fit Test Protocols

I. Isoamyl Acetate Protocol

A. Odor Threshold Screening. 1. Three 1-liter glass jars with

metal lids (e.g. Mason or Bell jars) are required.

2. Odor-free water (e.g. distilled or spring water) at

approximately 25 deg.C shall be used for the solutions.

3. The isoamyl acetate (IAA) (also known as isopentyl acetate)

stock solution is prepared by adding 1 cc of pure IAA to 800 cc of

odor-free water in a 1-liter jar and shaking for 30 seconds. This

solution shall be prepared new at least weekly.

4. The screening test shall be conducted in a room separate from

the room used for actual fit testing. The two rooms shall be well

ventilated but shall not be connected to the same recirculating

ventilation system.

5. The odor test solution is prepared in a second jar by placing

0.4 cc of the stock solution into 500 cc of odor-free water using a

clean dropper or pipette. Shake for 30 seconds and allow to stand

for two to three minutes so that the IAA concentration above the

liquid may reach equilibrium. This solution may be used for only one

day.

6. A test blank is prepared in a third jar by adding 500 cc of

odor-free water.

7. The odor test and test blank jars shall be labeled 1 and 2

for jar identification. If the labels are put on the lids they can

be periodically peeled, dried off, and switched to maintain the

integrity of the test.

8. The following instructions shall be typed on a card and

placed on the table in front of the two test jars (i.e. 1 and 2):

``The purpose of this test is to determine if you can smell banana

oil at a low concentration. The two bottles in front of you contain

water. One of these bottles also contains a small amount of banana

oil. Be sure the covers are on tight, then shake each bottle for two

seconds. Unscrew the lid of each bottle, one at a time, and sniff at

the mouth of the bottle. Indicate to the test conductor which bottle

contains banana oil.''

9. The mixtures used in the IAA odor detection test shall be

prepared in an area separate from where the test is performed, in

order to prevent olfactory fatigue in the subject.

10. If the test subject is unable to identify correctly the jar

containing the odor test solution, the IAA qualitative fit test may

not be used.

11. If the test subject correctly identifies the jar containing

the odor test solution, the test subject may proceed to respirator

selection and fit testing.

B. Respirator selection. 1. The test subject shall be allowed to

pick the most comfortable respirator from a selection including

respirators of various sizes from different manufacturers. The

selection shall include at least five sizes of elastomeric half

facepieces, from at least two manufacturers.

2. The selection process shall be conducted in a room separate

from the fit-test chamber to prevent odor fatigue. Prior to the

selection process, the test subject shall be shown how to put on a

respirator, how it should be positioned on the face, how to set

strap tension, and how to determine a ``comfortable'' respirator. A

mirror shall be available to assist the subject in evaluating the

fit and positioning of the respirator. This instruction may not

constitute the subject's formal training on respirator use, as it is

only a review.

3. The test subject should understand that the employee is being

asked to select the respirator which provides the most comfortable

fit. Each respirator represents a different size and shape and, if

fitted properly and used properly, will provide adequate protection.

4. The test subject holds each facepiece up to the face and

eliminates those which obviously do not give a comfortable fit.

Normally, selection will begin with a half-mask and if a good fit

cannot be found, the subject will be asked to test the full

facepiece respirators. (A small percentage of users will not be able

to wear any half-mask.)

5. The more comfortable facepieces are noted; the most

comfortable mask is donned and worn at least five minutes to assess

comfort. All donning and adjustments of the facepieces shall be

performed by the test subject without assistance from the test

conductor or other person. Assistance in assessing comfort can be

given by discussing the points of #6 below. If the test subject is

not familiar with using a particular respirator, the test subject

shall be directed to don the mask several times and to adjust the

straps each time to become adept at setting proper tension on the

straps.

6. Assessment of comfort shall include reviewing the following

points with the test subject and allowing the test subject adequate

time to determine the comfort of the respirator:

Positioning of mask on nose.

Room for eye protection.

Room to talk.

Positioning mask on face and cheeks.

7. The following criteria shall be used to help determine the

adequacy of the respirator fit:

Chin properly placed.

Strap tension.

Fit across nose bridge.

Distance from nose to chin.

Tendency to slip.

Self-observation in mirror.

8. The test subject shall conduct the conventional negative and

positive-pressure fit checks (e.g., see ANSI Z88.2-1980). Before

conducting the negative- or positive-pressure test, the subject

shall be told to ``seat'' the mask by rapidly moving the head from

side-to-side and up and down, while taking a few deep breaths.

9. The test subject is now ready for fit testing.

10. After passing the fit test, the test subject shall be

questioned again regarding the comfort of the respirator. If it has

become uncomfortable, another model of respirator shall be tried.

11. The employee shall be given the opportunity to select a

different facepiece and be retested if the chosen facepiece becomes

increasingly uncomfortable at any time.

C. Fit test. 1. The fit test chamber shall be similar to a clear

55 gallon drum liner suspended inverted over a 2 foot diameter

frame, so that the top of the chamber is about 6 inches above the

test subject's head. The inside top center of the chamber shall have

a small hook attached.

2. Each respirator used for the fitting and fit testing shall be

equipped with organic vapor cartridges or offer protection against

organic vapors. The cartridges or masks shall be changed at least

weekly.

3. After selection, donning, and properly adjusting a

respirator, the test subject shall wear it to the fit testing room.

This room shall be separate from the room used for odor threshold

screening and respirator selection, and shall be well ventilated, as

by an exhaust fan or lab hood, to prevent general room

contamination.

4. A copy of the following test exercises and rainbow passage

shall be taped to the inside of the test chamber:

Test Exercises

i. Breathe normally.

ii. Breathe deeply. Be certain breaths are deep and regular.

iii. Turn head all the way from one side to the other. Inhale on

each side. Be certain movement is complete. Do not bump the

respirator against the shoulders.

iv. Nod head up-and-down. Inhale when head is in the full up

position (looking toward ceiling). Be certain motions are complete

and made about every second. Do not bump the respirator on the

chest.

v. Talking. Talk aloud and slowly for several minutes. The

following paragraph is called the Rainbow Passage. Reading it will

result in a wide range of facial movements, and thus be useful to

satisfy this requirement. Alternative passages which serve the same

purpose may also be used.

vi. Jogging in place.

vii. Breathe normally.

Rainbow Passage. When the sunlight strikes raindrops in the air,

they act like a prism and form a rainbow. The rainbow is a division

of white light into many beautiful colors. These take the shape of a

long round arch, with its path high above, and its two ends

apparently beyond the horizon. There is, according to legend, a

boiling pot of gold at one end. People look, but no one ever finds

it. When a man looks for something beyond reach, his friends say he

is looking for the pot of gold at the end of the rainbow.

5. Each test subject shall wear the respirator for at least 10

minutes before starting the fit test.

6. Upon entering the test chamber, the test subject shall be

given a 6 inch by 5 inch piece of paper towel or other porous

absorbent single ply material, folded in half and wetted with three-

quarters of one cc of pure IAA. The test subject shall hang the wet

towel on the hook at the top of the chamber.

7. Allow two minutes for the IAA test concentration to be

reached before starting the fit-test exercises. This would be an

appropriate time to talk with the test subject, to explain the fit

test, the importance of cooperation, the purpose for the head

exercises, or to demonstrate some of the exercises.

8. Each exercise described in #4 above shall be performed for at

least one minute.

9. If at any time during the test, the subject detects the

banana-like odor of IAA, the test has failed. The subject shall

quickly exit from the test chamber and leave the test area to avoid

olfactory fatigue.

10. If the test is failed, the subject shall return to the

selection room and remove the respirator, repeat the odor

sensitivity test, select and put on another respirator, return to

the test chamber, and again begin the procedure described in c(4)

through c(8) above. The process continues until a respirator that

fits well has been found. Should the odor sensitivity test be

failed, the subject shall wait about 5 minutes before retesting.

Odor sensitivity will usually have returned by this time.

11. If a person cannot pass the fit test described above wearing

a half-mask respirator from the available selection, full facepiece

models must be used.

12. When a respirator is found that passes the test, the subject

breaks the faceseal and takes a breath before exiting the chamber.

This is to assure that the reason the test subject is not smelling

the IAA is the good fit of the respirator facepiece seal and not

olfactory fatigue.

13. When the test subject leaves the chamber, the subject shall

remove the saturated towel and return it to the person conducting

the test. To keep the area from becoming contaminated, the used

towels shall be kept in a self-sealing bag so there is no

significant IAA concentration buildup in the test chamber during

subsequent tests.

14. At least two facepieces shall be selected for the IAA test

protocol. The test subject shall be given the opportunity to wear

them for one week to choose the one which is more comfortable to

wear.

15. Persons who have successfully passed this fit test with a

half-mask respirator may be assigned the use of the test respirator

in atmospheres with up to 10 times the PEL of airborne asbestos. In

atmospheres greater than 10 times, and less than 100 times the PEL

(up to 100 ppm), the subject must pass the IAA test using a full

face negative pressure respirator.

16. The test shall not be conducted if there is any hair growth

between the skin and the facepiece sealing surface.

17. If hair growth or apparel interfere with a satisfactory fit,

then they shall be altered or removed so as to eliminate

interference and allow a satisfactory fit. If a satisfactory fit is

still not attained, the test subject must use a positive-pressure

respirator such as powered air-purifying respirators, supplied air

respirator, or self-contained breathing apparatus.

18. If a test subject exhibits difficulty in breathing during

the tests, she or he shall be referred to a physician trained in

respirator diseases or pulmonary medicine to determine whether the

test subject can wear a respirator while performing her or his

duties.

19. Qualitative fit testing shall be repeated at least every six

months.

20. In addition, because the sealing of the respirator may be

affected, qualitative fit testing shall be repeated immediately when

the test subject has a:

(1) Weight change of 20 pounds or more.

(2) Significant facial scarring in the area of the facepiece

seal.

(3) Significant dental changes; i.e., multiple extractions

without prosthesis, or acquiring dentures.

(4) Reconstructive or cosmetic surgery, or

(5) Any other condition that may interfere with facepiece

sealing.

D. Recordkeeping. A summary of all test results shall be

maintained in each office for 3 years. The summary shall include:

(1) Name of test subject.

(2) Date of testing.

(3) Name of the test conductor.

(4) Respirators selected (indicate manufacturer, model, size and

approval number).

(5) Testing agent.

II. Saccharin Solution Aerosol Protocol

A. Respirator selection. Respirators shall be selected as

described in section IB (respirator selection) above, except that

each respirator shall be equipped with a particulate filter.

B. Taste threshold screening. 1. An enclosure about head and

shoulders shall be used for threshold screening (to determine if the

individual can taste saccharin) and for fit testing. The enclosure

shall be approximately 12 inches in diameter by 14 inches tall with

at least the front clear to allow free movement of the head when a

respirator is worn.

2. The test enclosure shall have a three-quarter inch hole in

front of the test subject's nose and mouth area to accommodate the

nebulizer nozzle.

3. The entire screening and testing procedure shall be explained

to the test subject prior to conducting the screening test.

4. During the threshold screening test, the test subject shall

don the test enclosure and breathe with mouth open with tongue

extended.

5. Using a DeVilbiss Model 40 Inhalation Medication Nebulizer or

equivalent, the test conductor shall spray the threshold check

solution into the enclosure. This nebulizer shall be clearly marked

to distinquish it from the fit test solution nebulizer.

6. The threshold check solution consists of 0.83 gram of sodium

saccharin, USP in water. It can be prepared by putting 1 cc of the

test solution (see C.7 below) in 100 cc of water.

7. To produce the aerosol, the nebulizer bulb is firmly squeezed

so that it collapses completely, then is released and allowed to

expand fully.

8. Ten squeezes of the nebulizer bulb are repeated rapidly and

then the test subject is asked whether the saccharin can be tasted.

9. If the first response is negative, ten more squeezes of the

nebulizer bulb are repeated rapidly and the test subject is again

asked whether the saccharin can be tasted.

10. If the second response is negative, ten more squeezes are

repeated rapidly and the test subject is again asked whether the

saccharin can be tasted.

11. The test conductor will take note of the number of squeezes

required to elicit a taste response.

12. If the saccharin is not tasted after 30 squeezes (Step 10),

the saccharin fit test cannot be performed on the test subject.

13. If a taste response is elicited, the test subject shall be

asked to take note of the taste for reference in the fit test.

14. Correct use of the nebulizer means that approximately 1 cc

of liquid is used at a time in the nebulizer body.

15. The nebulizer shall be thoroughly rinsed in water, shaken

dry, and refilled at least every four hours.

C. Fit Test. 1. The test subject shall don and adjust the

respirator without assistance from any person.

2. The fit test uses the same enclosure described in IIB above.

3. Each test subject shall wear the respirator for at least 10

minutes before starting the fit test.

4. The test subject shall don the enclosure while wearing the

respirator selected in section IB above. This respirator shall be

properly adjusted and equipped with a particulate filter.

5. The test subject may not eat, drink (except plain water), or

chew gum for 15 minutes before the test.

6. A second DeVilbiss Model 40 Inhalation Medication Nebulizer

is used to spray the fit test solution into the enclosure. This

nebulizer shall be clearly marked to distinquish it from the

screening test solution nebulizer.

7. The fit test solution is prepared by adding 83 grams of

sodium saccharin to 100 cc of warm water.

8. As before, the test subject shall breathe with mouth open and

tongue extended.

9. The nebulizer is inserted into the hole in the front of the

enclosure and the fit test solution is sprayed into the enclosure

using the same technique as for the taste threshold screening and

the same number of squeezes required to elicit a taste response in

the screening. (See B.8 through B.10 above).

10. After generation of the aerosol, read the following

instructions to the test subject. The test subject shall perform the

exercises for one minute each.

i. Breathe normally.

ii. Breathe deeply. Be certain breaths are deep and regular.

iii. Turn head all the way from one side to the other. Be

certain movement is complete. Inhale on each side. Do not bump the

respirator against the shoulders.

iv. Nod head up-and-down. Be certain motions are complete.

Inhale when head is in the full up position (when looking toward the

ceiling). Do not bump the respirator on the chest.

v. Talking. Talk aloud and slowly for several minutes. The

following paragraph is called the Rainbow Passage. Reading it will

result in a wide range of facial movements, and thus be useful to

satisfy this requirement. Alternative passages which serve the same

purpose may also be used.

Rainbow Passage. When the sunlight strikes raindrops in the air,

they act like a prism and form a rainbow. The rainbow is a division

of white light into many beautiful colors. These take the shape of a

long round arch, with its path high above, and its two ends

apparently beyond the horizon. There is, according to legend, a

boiling pot of gold at one end. People look, but no one ever finds

it. When a man looks for something beyond his reach, his friends say

he is looking for the pot of gold at the end of the rainbow.

vi. Jogging in place.

vii. Breathe normally.

11. At the beginning of each exercise, the aerosol concentration

shall be replenished using one-half the number of squeezes as

initially described in C.9.

12. The test subject shall indicate to the test conductor, if at

any time during the fit test, the taste of saccharin is detected.

13. If the saccharin is detected, the fit is deemed

unsatisfactory and a different respirator shall be tried.

14. At least two facepieces shall be selected by the saccharin

solution aerosol test protocol. The test subject shall be given the

opportunity to wear them for one week to choose the one which is

more comfortable to wear.

15. Successful completion of the test protocol shall allow the

use of the half mask tested respirator in contaminated atmospheres

up to 10 times the PEL of asbestos. In other words this protocol may

be used to assign protection factors no higher than ten.

16. The test shall not be conducted if there is any hair growth

between the skin and the facepiece sealing surface.

17. If hair growth or apparel interfere with a satisfactory fit,

then they shall be altered or removed so as to eliminate

interference and allow a satisfactory fit. If a satisfactory fit is

still not attained, the test subject must use a positive-pressure

respirator such as powered air-purifying respirators, supplied air

respirator, or self-contained breathing apparatus.

18. If a test subject exhibits difficulty in breathing during

the tests, she or he shall be referred to a physician trained in

respirator diseases or pulmonary medicine to determine whether the

test subject can wear a respirator while performing her or his

duties.

19. Qualitative fit testing shall be repeated at least every six

months.

20. In addition, because the sealing of the respirator may be

affected, qualitative fit testing shall be repeated immediately when

the test subject has a:

(1) Weight change of 20 pounds or more.

(2) Significant facial scarring in the area of the facepiece

seal.

(3) Significant dental changes; i.e., multiple extractions

without prosthesis, or acquiring dentures.

(4) Reconstructive or cosmetic surgery, or

(5) Any other condition that may interfere with facepiece

sealing.

D. Recordkeeping. A summary of all test results shall be

maintained in each office for 3 years. The summary shall include:

(1) Name of test subject.

(2) Date of testing.

(3) Name of test conductor.

(4) Respirators selected (indicate manufacturer, model, size and

approval number).

(5) Testing agent.

III. Irritant Fume Protocol

A. Respirator selection. Respirators shall be selected as

described in section IB above, except that each respirator shall be

equipped with a high-efficiency cartridge.

B. Fit test. 1. The test subject shall be allowed to smell a

weak concentration of the irritant smoke to familiarize the subject

with the characteristic odor.

2. The test subject shall properly don the respirator selected

as above, and wear it for at least 10 minutes before starting the

fit test.

3. The test conductor shall review this protocol with the test

subject before testing.

4. The test subject shall perform the conventional positive-

pressure and negative-pressure fit checks (see ANSI Z88.2 1980).

Failure of either check shall be cause to select an alternate

respirator.

5. Break both ends of a ventilation smoke tube containing

stannic oxychloride, such as the MSA part #5645, or equivalent.

Attach a short length of tubing to one end of the smoke tube. Attach

the other end of the smoke tube to a low-pressure air pump set to

deliver 200 milliliters per minute.

6. Advise the test subject that the smoke can be irritating to

the eyes and instruct the subject to keep the eyes closed while the

test is performed.

7. The test conductor shall direct the stream of irritant smoke

from the tube towards the faceseal area of the test subject. The

person conducting the test shall begin with the tube at least 12

inches from the facepiece and gradually move to within one inch,

moving around the whole perimeter of the mask.

8. The test subject shall be instructed to do the following

exercises while the respirator is being challenged by the smoke.

Each exercise shall be performed for one minute.

i. Breathe normally.

ii. Breathe deeply. Be certain breaths are deep and regular.

iii. Turn head all the way from one side to the other. Be

certain movement is complete. Inhale on each side. Do not bump the

respirator against the shoulders.

iv. Nod head up-and-down. Be certain motions are complete and

made every second. Inhale when head is in the full up position

(looking toward ceiling). Do not bump the respirator against the

chest.

v. Talking. Talk aloud and slowly for several minutes. The

following paragraph is called the Rainbow Passage. Repeating it

after the test conductor (keeping eyes closed) will result in a wide

range of facial movements, and thus be useful to satisfy this

requirement. Alternative passages which serve the same purpose may

also be used.

Rainbow Passage. When the sunlight strikes raindrops in the air,

they act like a prism and form a rainbow. The rainbow is a division

of white light into many beautiful colors. These take the shape of a

long round arch, with its path high above, and its two ends

apparently beyond the horizon. There is, according to legend, a

boiling pot of gold at one end. People look, but no one ever finds

it. When a man looks for something beyond his reach, his friends say

he is looking for the pot of gold at the end of the rainbow.

vi. Jogging in place.

vii. Breathe normally.

9. The test subject shall indicate to the test conductor if the

irritant smoke is detected. If smoke is detected, the test conductor

shall stop the test. In this case, the tested respirator is rejected

and another respirator shall be selected.

10. Each test subject passing the smoke test (i.e. without

detecting the smoke) shall be given a sensitivity check of smoke

from the same tube to determine if the test subject reacts to the

smoke. Failure to evoke a response shall void the fit test.

11. Steps B4, B9, B10 of this fit test protocol shall be

performed in a location with exhaust ventilation sufficient to

prevent general contamination of the testing area by the test

agents.

12. At least two facepieces shall be selected by the irritant

fume test protocol. The test subject shall be given the opportunity

to wear them for one week to choose the one which is more

comfortable to wear.

13. Respirators successfully tested by the protocol may be used

in contaminated atmospheres up to ten times the PEL of asbestos.

14. The test shall not be conducted if there is any hair growth

between the skin and the facepiece sealing surface.

15. If hair growth or apparel interfere with a satisfactory fit,

then they shall be altered or removed so as to eliminate

interference and allow a satisfactory fit. If a satisfactory fit is

still not attained, the test subject must use a positive-pressure

respirator such as powered air-purifying respirators, supplied air

respirator, or self-contained breathing apparatus.

16. If a test subject exhibits difficulty in breathing during

the tests, she or he shall be referred to a physician trained in

respiratory diseases or pulmonary medicine to determine whether the

test subject can wear a respirator while performing her or his

duties.

17. Qualitative fit testing shall be repeated at least every six

months.

18. In addition, because the sealing of the respirator may be

affected, qualitative fit testing shall be repeated immediately when

the test subject has a:

(1) Weight change of 20 pounds or more,

(2) Significant facial scarring in the area of the facepiece

seal,

(3) Significant dental changes; i.e., multiple extractions

without prosthesis, or acquiring dentures,

(4) Reconstructive or cosmetic surgery, or

(5) Any other condition that may interfere with facepiece

sealing.

C. Recordkeeping. A summary of all test results shall be

maintained in each office for 3 years. The summary shall include:

(1) Name of test subject.

(2) Date of testing.

(3) Name of test conductor.

(4) Respirators selected (indicate manufacturer, model, size and

approval number).

(5) Testing agent.

Quantitative Fit Test Procedures

1. General

a. The method applies to the negative-pressure nonpowered air-

purifying respirators only.

b. The employer shall assign one individual who shall assume the

full responsibility for implementing the respirator quantitative fit

test program.

2. Definitions

a. ``Quantitative Fit Test'' means the measurement of the

effectiveness of a respirator seal in excluding the ambient

atmosphere. The test is performed by dividing the measured

concentration of challenge agent in a test chamber by the measured

concentration of the challenge agent inside the respirator facepiece

when the normal air purifying element has been replaced by an

essentially perfect purifying element.

b. ``Challenge Agent'' means the air contaminant introduced into

a test chamber so that its concentration inside and outside the

respirator may be compared.

c. ``Test Subject'' means the person wearing the respirator for

quantitative fit testing.

d. ``Normal Standing Position'' means standing erect and

straight with arms down along the sides and looking straight ahead.

e. ``Fit Factor'' means the ratio of challenge agent

concentration outside with respect to the inside of a respirator

inlet covering (facepiece or enclosure).

3. Apparatus

a. Instrumentation. Corn oil, sodium chloride or other

appropriate aerosol generation, dilution, and measurement systems

shall be used for quantitative fit test.

b. Test chamber. The test chamber shall be large enough to

permit all test subjects to perform freely all required exercises

without distributing the challenge agent concentration or the

measurement apparatus. The test chamber shall be equipped and

constructed so that the challenge agent is effectively isolated from

the ambient air yet uniform in concentration throughout the chamber.

c. When testing air-purifying respirators, the normal filter or

cartridge element shall be replaced with a high-efficiency

particulate filter supplied by the same manufacturer.

d. The sampling instrument shall be selected so that a strip

chart record may be made of the test showing the rise and fall of

challenge agent concentration with each inspiration and expiration

at fit factors of at least 2,000.

e. The combination of substitute air-purifying elements (if

any), challenge agent, and challenge agent concentration in the test

chamber shall be such that the test subject is not exposed in excess

of PEL to the challenge agent at any time during the testing

process.

f. The sampling port on the test specimen respirator shall be

placed and constructed so that there is no detectable leak around

the port, a free air flow is allowed into the sampling line at all

times and so there is no interference with the fit or performance of

the respirator.

g. The test chamber and test set-up shall permit the person

administering the test to observe one test subject inside the

chamber during the test.

h. The equipment generating the challenge atmosphere shall

maintain the concentration of challenge agent constant within a 10

percent variation for the duration of the test.

i. The time lag (interval between an event and its being

recorded on the strip chart) of the instrumentation may not exceed 2

seconds.

j. The tubing for the test chamber atmosphere and for the

respirator sampling port shall be the same diameter, length and

material. It shall be kept as short as possible. The smallest

diameter tubing recommended by the manufacturer shall be used.

k. The exhaust flow from the test chamber shall pass through a

high-efficiency filter before release to the room.

l. When sodium chloride aerosol is used, the relative humidity

inside the test chamber shall not exceed 50 percent.

4. Procedural Requirements

a. The fitting of half-mask respirators should be started with

those having multiple sizes and a variety of interchangeable

cartridges and canisters such as the MSA Comfo II-M, North M,

Survivair M, A-O M, or Scott-M. Use either of the tests outlined

below to assure that the facepiece is properly adjusted.

(1) Positive-pressure test. With the exhaust port(s) blocked,

the negative-pressure of slight inhalation should remain constant

for several seconds.

(2) Negative-pressure test. With the intake port(s) blocked, the

negative-pressure of slight inhalation should remain constant for

several seconds.

b. After a facepiece is adjusted, the test subject shall wear

the facepiece for at least 5 minutes before conducting a qualitative

test by using either of the methods described below and using the

exercise regime described in 5.a., b., c., d. and e.

(1) Isoamyl acetate test. When using organic vapor cartridges,

the test subject who can smell the odor should be unable to detect

the odor of isoamyl acetate squirted into the air near the most

vulnerable portions of the facepiece seal. In a location which is

separated from the test area, the test subject shall be instructed

to close her/his eyes during the test period. A combination

cartridge or canister with organic vapor and high-efficiency filters

shall be used when available for the particular mask being tested.

The test subject shall be given an opportunity to smell the odor of

isoamyl acetate before the test is conducted.

(2) Irritant fume test. When using high-efficiency filters, the

test subject should be unable to detect the odor of irritant fume

(stannic chloride or titanium tetrachloride ventilation smoke tubes)

squirted into the air near the most vulnerable portions of the

facepiece seal. The test subject shall be instructed to close her/

his eyes during the test period.

c. The test subject may enter the quantitative testing chamber

only if she or he has obtained a satisfactory fit as stated in 4.b.

of this Appendix.

d. Before the subject enters the test chamber, a reasonably

stable challenge agent concentration shall be measured in the test

chamber.

e. Immediately after the subject enters the test chamber, the

challenge agent concentration inside the respirator shall be

measured to ensure that the peak penetration does not exceed 5

percent for a half-mask and 1 percent for a full facepiece.

f. A stable challenge agent concentration shall be obtained

prior to the actual start of testing.

g. Respirator restraining straps may not be overtightened for

testing. The straps shall be adjusted by the wearer to give a

reasonably comfortable fit typical of normal use.

5. Exercise Regime

Prior to entering the test chamber, the test subject shall be

given complete instructions as to her/his part in the test

procedures. The test subject shall perform the following exercises,

in the order given, for each independent test.

a. Normal Breathing (NB). In the normal standing position,

without talking, the subject shall breathe normally for at least one

minute.

b. Deep Breathing (DB). In the normal standing position the

subject shall do deep breathing for at least one minute pausing so

as not to hyperventilate.

c. Turning head side to side (SS). Standing in place the subject

shall slowly turn his/her head from side between the extreme

positions to each side. The head shall be held at each extreme

position for at least 5 seconds. Perform for at least three complete

cycles.

d. Moving head up and down (UD). Standing in place, the subject

shall slowly move his/her head up and down between the extreme

position straight up and the extreme position straight down. The

head shall be held at each extreme position for at least 5 seconds.

Perform for at least three complete cycles.

e. Reading (R). The subject shall read out slowly and loud so as

to be heard by the test conductor the `rainbow passage' at the end

of this unit.

f. Grimace (G). The test subject shall grimace, smile, frown,

and generally contort the face using the facial muscles. Continue

for at least 15 seconds.

g. Bend over and touch toes (B). The test subject shall bend at

the waist and touch toes and return to upright position. Repeat for

at least 30 seconds.

h. Jogging in place (J). The test subject shall jog in place for

at least 30 seconds.

i. Normal Breathing (NB). Same as exercise a.

Rainbow Passage. When the sunlight strikes raindrops in the air,

they act like a prism and form a rainbow. The rainbow is a division

of white light into many beautiful colors. These take the shape of a

long round arch, with its path high above, and its two ends

apparently beyond the horizon. There is, according to legend, a

boiling pot of gold at one end. People look, but no one ever finds

it. When a man looks for something beyond reach, his friends say he

is looking for the pot of gold at the end of the rainbow.

6. Termination of Test

The test shall be terminated whenever any single peak

penetration exceeds 5 percent for halfmasks and 1 percent for full

facepieces. The test subject may be refitted and retested. If two of

the three required tests are terminated, the fit shall be deemed

inadequate.

7. Calculation of Fit Factors

a. The fit factor determined by the quantitative fit test equals

the average concentration inside the respirator.

b. The average test chamber concentration is the arithmetic

average of the test chamber concentration at the beginning and the

end of the test.

c. The average peak concentration of the challenge agent inside

the respirator shall be the arithmetic average peak concentrations

for each of the nine exercises of the test which are computed as the

arithmetic average of the peak concentrations found for each breath

during the exercise.

d. The average peak concentration for an exercise may be

determined graphically if there is not a great varia

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