Occupational Exposure to Asbestos; Corrections

SUMMARY: The Occupational Safety and Health Administration (OSHA) is

correcting and clarifying the preamble to, and correcting certain

provisions of the final asbestos standards issued August 10, 1994 (59

FR 40964, 29 CFR 1910.1001, 1915.1001, and 1926.1101).

EFFECTIVE DATE: June 29, 1995.

FOR FURTHER INFORMATION CONTACT: Mr. Richard Liblong, Director of

Information and Consumer Affairs, Occupational Safety and Health

Administration, U.S. Department of Labor, Room N3647, 200 Constitution

Avenue, NW., Washington, DC 20210, telephone (202) 219-8151.

SUPPLEMENTARY INFORMATION:

Background

On August 10, 1994 OSHA revised its final asbestos standards in

general industry and construction and issued a new shipyard employment

standard. Subsequently, technical and typographical errors were

discovered in both the preamble and regulatory text. Additionally,

members of the regulated public have asked OSHA to clarify, correct, or

reconsider certain regulatory provisions.

To address these problems, OSHA has made a number of corrections to

both the standard and the preamble. The corrections to the standards

include (1) correction of typographical errors; (2) corrections that

clarify the agency's intent but do not change the substantive

requirements imposed by the standard; and (3) corrections intended to

better effectuate the agency's intent when it issued the standard. All

these corrections to the standard are deemed to be ``minor'' amendments

within the meaning of 29 CFR 1911.5. Because the corrections are based

on the existing rulemaking record and are not intended to affect the

protection afforded by the standard in a significant way, OSHA finds

good cause, pursuant to 29 CFR 1911.5 and the Administrative Procedure

Act, for promulgating the corrections without notice and opportunity

for public comment.

The discussion which follows is organized by subject matter, not by

paragraph number alone. As in the preamble to the revised standards,

each of the standards, general industry, construction, and shipyards,

contain overlapping, comparable, and in some cases identical provisions

covering various subject headings. However, the general industry

standard's paragraph designations differ. In this preamble OSHA is

separately discussing, topic by topic, all clarifications which are in

the nature of preamble changes, as well as corrections and technical

amendments concerning that topic. This way, the reader can be apprised

of all changes and clarifications on a particular topic at one time.

OSHA is not including in these discussions those corrections to the

text which are typographical in nature and which are self-explanatory.

1. Definitions

Paragraph (b) Construction and Shipyards Employment Standards.

OSHA is amending its definition of ``disturbance'' in order to

clarify it to reflect the Agency's original intent. OSHA has found its

unamended definition confusing to the regulated community. This will

eliminate some terminology, such as use of the word ``contact'' to

describe both Class III and IV operations. Thus, disturbance becomes

the operational term to distinguish a Class III operation; while

``contact'' (without ``disturbance'') distinguishes Class IV. (See also

the discussion clarifying Class IV operations in this document.) The

first sentence of the definition now clearly specifies that a

disturbance entails ``activities that disrupt the matrix of ACM or

PACM, crumble or pulverize ACM or PACM, or generates visible debris

from ACM or PACM.'' OSHA also clarifies that work involving dust that

is accompanied by debris in the presence of asbestos containing

material, must be treated as an asbestos job. OSHA does not believe

that this clarification substantively alters the requirements or the

intended worker protection of its job classification scheme. Thus, mere

``contact'' with asbestos is clearly not a Class III activity. The

inclusion of the phrase ``disrupt the matrix'' in the definition allows

inclusion of other, undefined operations which might also result in

release of fibers from the material in which they are embedded.

OSHA is correcting the General Industry Standard to include certain

definitions inadvertently omitted from the August 10, 1994 publication

of the final rule. These include definitions for the following terms:

Certified Industrial Hygienist, homogeneous area, presumed asbestos

containing material, surfacing material, surfacing ACM, thermal system

insulation and thermal system insulation ACM. The added definitions are

consistent with those in the Construction and Shipyard Employment

Standards.

Class IV Work: OSHA has made minor clarifications to the definition

of Class IV as it applies in the construction and shipyard employment

standards. They more fully realize OSHA's intent in creating this class

of work, distinguish it from housekeeping under the general industry

standard, and expressly limit its scope to accepted ``construction''

activities. The definition now reads: ``Class IV asbestos work means

maintenance and custodial construction activities during which

employees contact but do not disturb ACM or PACM and activities to

clean up dust, waste and debris resulting from Class I, II and III

activities.'' Because work under the construction standard must be

related to and on the worksite of a construction job, the definition

now specifies that Class IV work which is ``clean-up'' must result from

Class I, II and III work. In addition, to distinguish Class IV from

Class III work, the definition now states that maintenance activities

are Class IV only if employees ``contact, but do not disturb'' ACM or

PACM. It should be noted that housekeeping activities in the general

industry standard in some cases might include clean-up of asbestos

containing materials, however in the absence of a construction job or

site, this clean-up is not a construction activity. OSHA notes however,

that use of wet methods, HEPA vacuums and immediate clean-up are

required for these activities in all cases. The Agency believes that

these changes will allow employers and employees to more easily

distinguish Class IV from Class III activities. The Agency is confident

that these changes will not weaken employee protection. In fact, by

clarifying which activities must be treated as Class IV, OSHA believes

enforcement will be facilitated, and the level of compliance will rise.

2. Regulated Areas

Several questions have arisen among participants about the need for

regulated areas when Class II or III work is performed for which a

negative exposure assessment is produced. OSHA continues to believe

that it is necessary to assure that by-standers are protected from

unwittingly entering areas where the carcinogen asbestos is being

disturbed. OSHA wishes to clarify, however, that when the employer can

show that which work is performed by properly trained and informed

workers in areas to which no other workers have access, OSHA does

[[Page 33975]]

not believe that demarcation of the area is necessary and therefore, is

not required.

3. Exposure Assessments and Monitoring

Paragraph (f) Construction and Shipyard Employment Standards.

In response to the concerns of participants, OSHA is clarifying,

but not further amending (f)(2)(iii). Some parties have expressed the

view that the distinction between the use of historical data and

objective data needs additional clarification. In the 1994 final rule,

the definition of objective data was changed from that of the 1986

standard to include activities, as well as products, for which a

demonstration is made that operations involving the products and/or

activities will not result in fiber levels in excess of the PELs. For

example, in a facility such as a refinery, gasket removal is a frequent

operation due to the large number of pipe joints. If the employer has

monitored these jobs in the past and has collected sufficient data to

conclude that this activity will not result in fiber levels in excess

of the PELs even when improper work practices and lesser trained

personnel are used, it may be concluded that the objective data

criteria have been met, in which case, further monitoring is not

required.

These data must include situations performed under those work

conditions having the greatest potential for releasing asbestos fibers,

such as in the example above, where the gasket is difficult to remove

fully or where the crew is inexperienced. OSHA believes that

``objective data'' determinations require basic statistical analysis.

At the least, the prior data depended on cannot be the result of

chance. Data reflecting the results of many jobs and/or employees are

likely to provide adequate data on which to base ``objective data''

determinations. Certainly, when many different employer's employees

have performed a particular task, and levels consistently fall below

the PEL, it is likely that future jobs will also fall below the PEL.

In requiring objective data determinations to include the worst-

case situation, OSHA does not intend to render this an impossible

requirement to meet. Rather, as described earlier, the monitoring

results from the situations which the employer has encountered in the

activity must be included in the information used by the competent

person in evaluation of the job. Therefore, using the earlier example,

even if a gasket removal was performed in the past using improper work

practices which resulted in elevated fiber levels, and the current job

is to be performed correctly in compliance with the standard, this job

can still meet the objective data criteria if additional data clearly

supports its low exposure potential. The employer is not expected to

contrive unlikely scenarios, monitor them and conclude that an

objective data exemption cannot be claimed. The judgment of a trained,

experienced competent person is essential to making this determination.

OSHA anticipates wider use of this exemption in situations where it is

warranted.

The extent to which objective data documents the effectiveness of

controls will vary depending upon the potential for fiber release. A

job with very low exposures, for examples, less than 0.01 f/cc, with

simple work practices and little potential for control failure, will

need minimal data. However, due to the high potential for fiber release

from thermal system insulation and surfacing ACM, OSHA has found that

the objective data exemption from monitoring of Class I operations may

not be relied on, regardless of the control method used (59 FR p.

40983). For example, in the case of glovebag removals of Class I

materials, only historic data may be used in the exposure assessment by

the competent person. OSHA continues to believe that annual monitoring

is needed to assure the continued effectiveness of control of fiber

levels in jobs involving removal of significant amounts of thermal

system ACM and surfacing ACM.

OSHA has not specified the number of personal monitoring data

points required to make these determinations. Rather, it relies on the

training and experience of the competent person to use good judgment in

assessing each operation to determine the ability of the data to

predict potential exposure of workers in that specific job.

4. Methods of Compliance

Paragraph (g) Construction and Shipyard Employment standards.

OSHA is clarifying the language in paragraph (g)(4)(ii) to reflect

the Agency's intention that outdoor Class I work performed in areas

where no employees are working in the adjacent area a need not utilize

critical barriers, nor is perimeter monitoring required during such

work when control methods in (g)(5) are properly used. Several

participants submitted data indicating low levels of fibers were

measured during outdoor activities (e.g., Ex.7-39 and Ex. 127).

OSHA is clarifying paragraph (g)(5)(ii) of the construction and

shipyards standards to explain when glovebag use is allowed. OSHA

allowed glovebags to be used in Class I operations or removal of TSI

from ``straight runs of piping''. OSHA was concerned that the seal of

the bags would be stressed if bags were used to remove TSI from

structures whose configurations made attachment difficult and

unreliable. Therefore, the provision limited glove bag use to

``straight runs'' of piping, clearly a configuration which bags were

manufactured to fit. The Agency did not intend that glove bags could

not be used to remove TSI from connecting members, joints, elbows and

valves which connect and attach to asbestos-covered pipes, if they too,

are manufactured and designed to be used for that purpose. These

corrections change the regulatory text in paragraph (g)(5)(ii) of the

construction and shipyard standards to add that glovebags may be used

on connecting configurations so long as they are designed for that

purpose, used as designed, and not modified.

In response to concerns expressed by participants, OSHA wishes to

clarify (g)(6)(iii) in which a licensed engineer or certified

industrial hygienist is required to consider worst-case conditions in

determining the adequacy of a alternate method to control asbestos

exposure in Class I operations. ``Worst-case conditions'' do not

include every imaginable scenario, but the worst case is one which can

reasonably be expected to be encountered in use of the method. For

example, in the case of a power failure, would the control method

remain capable of containing the fibers and continue to control

exposure? What would be expected if all workers using the method were

newly trained? These considerations should include circumstances

reasonably expected to occur. The certifying hygienist or engineer is

not required to make the determination with absolute and unreasonable

certainty. OSHA intends that allowing the use of alternate effective

control methods will promote the development of new technologies.

Roofing: After the standard was issued, the National Roofing

Contractors Association (NRCA) filed a petition with OSHA asking that a

number of provisions of the standard be reconsidered or clarified

insofar as they applied to roofing operations. Upon examining NRCA's

petition in light of the rulemaking record, OSHA has determined that

certain corrections and clarifications to the standard would ease

compliance burdens on roofing contractors and avoid creating safety

hazards without significantly increasing the amount of asbestos to

which roofing workers are exposed. OSHA also

[[Page 33976]]

determined that certain corrections and interpretations were needed to

clarify the agency's original intent as to the meaning of the standard.

OSHA also believes that the meritorious recommendations of the petition

are properly responded to by the following corrections and

clarifications.

(a) Removal of intact cements, coatings, mastics, and flashings.

The original standard classified all removals of asbestos-

containing material from roofs as Class II operations. This

classification was based on OSHA's evaluation of the risk associated

with removal from roofs of asbestos-containing built-up roofing and

removal of asbestos-cement (A/C) shingles. Such jobs were assigned the

Class II designation because the large quantity of asbestos-containing

material on such roofs dictated that care had to be taken to assure

that substantial numbers of asbestos fibers were not released by the

removal techniques used or by the manner in which the material was

handled after removal.

On many roofs, the shingles or built-up roofing do not contain

asbestos but asbestos is present in the form of cements, mastics,

coatings, and flashings. These products are not the primary roofing

material but are typically used for purposes such as weatherproofing

openings or edges. For example, on a flat roof with a parapet around

the edge, flashing would be used to seal the area where the built-up

roofing meets the parapet. When the only ACM on a roof is in the form

of cements, mastics, coatings, and flashings, the amount of asbestos

present is much less than when the main roofing material contains

asbestos, and the potential for worker exposure is correspondingly

lower. There is still the potential for significant fiber release if

such materials have deteriorated to the point where they are no longer

``intact,'' i.e., where either before or during removal they crumble,

are pulverized, or otherwise become deteriorated to the point where the

asbestos fibers are no longer likely to be bound with their matrix.

However, such materials lose their waterproofing ability, and are

therefore usually replaced, before they have deteriorated to the point

where they are non-intact. Thus, in the usual circumstances when such

materials are intact both before and during removal, the potential for

exposure is low and the full range of precautions required during Class

II work is not needed to protect workers against excessive asbestos

exposure.

Accordingly, OSHA is correcting the standard to provide that

removal of intact cements, mastics, coatings, and flashings is not

Class II work. A new paragraph (g)(11) is being added to the

construction standard that will exclusively govern such removals and is

intended to impose only a few straightforward requirements and

prohibitions that reflect the limited asbestos exposure potential of

such operations. An identical paragraph (g)(12) is being added to the

shipyard employment standard. Under paragraph (g)(11), the material

must not be sanded, abraded, or ground but must be removed using manual

methods that do not render the material non-intact. Material that has

been removed from a roof must not be dropped or thrown to the ground

and must be removed from the roof by the end of the work shift, either

by being carried or passed to the ground by hand or by being lowered to

the ground via covered, dust-tight chute, crane or hoist. Prior to the

start of the job, the material must be examined by a competent person

to determine whether it is intact and is likely to remain intact

throughout the job. And the employees must be trained in the hazards of

asbestos exposure and the proper work practices and prohibitions

applicable to such work. If these conditions are not met, then the job

must be treated as a Class II job.

When cements, mastics, coatings, and flashings are manufactured and

installed, the asbestos fibers are tightly encapsulated by adhesive

bituminous and resinous compounds that effectively prevent the fibers

from being released. In order to provide effective waterproofing, these

materials must retain their adhesive quality over their useful life.

Accordingly, when such materials are intact prior to removal, the use

of commonly used manual methods to remove the material will not result

in significant fiber release. A variety of hand tools are typically

used to remove cements, mastics, coatings, and flashings, including

spud, spade, flat-blade or slicing tools, such as axes, mattocks, pry

bars, spud bars, crow bars, shovels, flat-blade knives, and utility

knives. When these tools are used to slice, cut, strip-off, shear-

under, or pry-up the material, in accordance with standard practice in

the roofing industry, their use is acceptable under new paragraph

(g)(11). If these tools are used in other, unconventional ways which

cause the material to crumble or become pulverized, or if other tools

or methods which render the material non-intact are employed, then new

paragraph (g)(11) does not apply.

Employees working on jobs covered by new paragraph (g)(11) and no

other jobs that are covered by the asbestos standard are not subject to

the special training requirements for Class II, III or IV work

specified in paragraph (k)(9)(iii)-(v). Workers on jobs covered by new

paragraph (g)(11) must, however, be trained in the following topics:

Identification and Recognition of Asbestos-Containing

Roofing Materials

identification of asbestos

Uses in roofing, past and present

Characteristics of asbestos

Potential Health Effects of Asbestos

Nature of asbestos related disease, including latency

and medical tests for identifying asbestos diseases

Routes of exposure

Dose response relationships

Relationship between cigarette smoking and asbestos

exposure and availability of smoking cessation programs

Federal OSHA Construction Asbestos Standard

Overview of standard

Discussion of alternative methods for handling intact

asbestos roof coatings, mastics, cements, and flashings

Discussion of PEL and significant risk

Intact versus Non Intact Materials

Definitions

How to recognize non intact materials

Procedures to be followed when material is found or

becomes non intact

Appropriate Work Practices

Applying mastics, cements, coatings

Manual methods for removing materials

Clean up and waste disposal

The competent persons who inspect jobs covered by new paragraph

(g)(11), and who do not supervise other jobs that are covered by the

asbestos standard, are not subject to the special training requirements

for Class II, III or IV work specified in paragraph (o)(4). Such

competent persons must, however, be knowledgeable in the following

topics in addition to the above topics covered in worker training:

Methods of Determining Presence of Asbestos-Containing

Roofing Material

Understanding and Interpreting Air Monitoring Data

Some states, building owners, etc. require air

monitoring on all ACM projects

Understanding a negative exposure assessment

Notification Requirements--Commercial/Industrial Work Only

In addition to exclusively regulating the removal of intact

cements, mastics, coatings, and flashings, paragraph (g)(11) also

exclusively regulates the installation of ACM on roofs. Because the use

of most asbestos products has been phased out, the only asbestos-

containing products currently being installed on roofs are certain

cements, mastics, and coatings. These materials are installed in a

liquid or semi-liquid state in which the asbestos fibers are

encapsulated in the bituminous or

[[Page 33977]]

resinous binders used in these products, and new paragraph (g)(11)

therefore does not require special work practices to prevent fiber

release during installation. In addition to the requirements that apply

to removal, paragraph (g)(11) contains a notification requirement

applicable to newly-installed products. When materials labeled as

containing asbestos pursuant to paragraph (k)(8) of the standard are

installed on non-residential roofs, the contractor must notify the

building owner of the presence and location of the asbestos-containing

material. Under the standard, building owners must be aware of the

presence of ACM, and this notification requirement will give the

building owner the information needed to fulfill the owner's compliance

duty. The requirement is limited to installation of ACM on non-

residential roofs because owners of residential dwellings are typically

not employers subject to the standard and are therefore not required to

maintain records about the presence of asbestos in their buildings.

Because work on jobs covered by new paragraph (g)(11) is not Class

I, Class II, or Class III work, such work is not included under

paragraph 1101(m)(1)(i) in the determination of which employees are

covered by the medical surveillance provisions of the standard unless

during such jobs employees are exposed at or above the TWA or excursion

limit or wear negative pressure respirators. In addition, the

installation or removal of intact asbestos-containing roof coatings,

mastics, cements and flashings are not subject to any provision of the

standard other than new paragraph (g)(11) as long as the materials

remain intact and the requirements of paragraph (g)(11) are satisfied.

OSHA notes that materials very similar to these ``incidental''

roofing materials are used for other purposes; for example, asbestos

impregnated asphaltic wrap is used for protection of underground pipes.

OSHA regards removal of such intact materials as being governed by

(g)(11) of the construction standard [(g)(12) of the shipyard

employment standard.]

The corrections, clarifications and interpretations that are

discussed in the following sections apply to roofing operations in

which asbestos is present in the primary roofing material, as in the

case of built-up roofing (BUR) and A/C shingle roofs.

(b) Use of Wet Methods and Respirators During Roof Removals

The standard recognizes that wet methods are an important means of

control during asbestos removal operations. When the surface of

material being removed is wet, some asbestos fibers that would

otherwise be released when the material is disturbed will adhere to the

liquid rather than become airborne. Therefore, paragraph (g)(1)(ii)

generally requires that wet methods be used to control worker exposure

to asbestos during removal, as well as other, operations. However,

paragraph (g)(1)(ii) recognizes that wet methods are sometimes

infeasible and provides that wet methods need not be used in such

circumstances. One situation in which paragraph (g)(1)(ii) indicates

that wet methods may be infeasible is when they would create slipping

hazards during roofing work.

This reference to slipping hazards in roofing work was included in

the standard because a number of commenters expressed concern that an

unconditional requirement to use wet methods could increase safety

hazards associated with roofing work. (See 59 FR at 41006). Wetting the

surface of a roof can make the surface slippery and increase the

likelihood that a worker could slip while walking or working on the

roof. This would be particularly dangerous on sloped roofs, where a

slip could result in a worker falling off the edge of the roof. OSHA

recognizes that the potential for falling from a roof makes roofing

work hazardous even under the best of circumstances, and use of wet

methods that make the roof surface slippery can add significantly to

that hazard.

OSHA believes that the potential for increased safety hazards when

wet methods are used on sloped roofs dictates that wet methods should

not be used on sloped roofs unless there is a realistic likelihood that

the TWA or excursion limit would be exceeded if wet methods are not

used. Data in the rulemaking record indicate that exceedances of the

TWA or excursion limit will not occur when the material being removed

is intact and the work practices specified in the standard are

followed. (See 59 FR at 41005). Accordingly, the standard is being

amended to provide that wet methods are not required on sloped roofs

when the ACM being removed is intact.

Two corrections to the standard are being made to effectuate this

intent. Paragraph (g)(1)(ii) is being corrected to state that wet

methods need not be used during roofing work when they are not required

under paragraph (g)(8)(ii). And paragraph (g)(8)(ii)(B) is being

corrected to provide that wet methods must be used to remove roofing

materials that are not intact or that will be rendered not intact

during removal unless wet methods are not feasible or will create

safety hazards. As amended, paragraph (g)(1)(ii) makes clear that

roofing materials are only subject to requirements for wet methods that

are explicitly contained in paragraph (g)(8)(ii). There are two such

requirements. First, paragraph (g)(8)(ii)(B), as amended by this

notice, retains the requirement for use of wet methods to remove non-

intact material unless the competent person determines that wetting the

material is not feasible or would create a safety hazard. Second,

paragraph (g)(8)(ii)(C) requires that cutting machines be continuously

misted during use unless a competent person determines that misting

substantially decreases worker safety. As cutting machines are only

used in the removal of built-up roofing, which is not found on sloped

roofs, the standard does not require the use of wet methods on sloped

roofs when the material being removed is intact.

When wet methods are not used, the increased potential for airborne

asbestos may dictate the need for other precautions, such as respirator

use. Paragraph (h)(1)(iii), as originally written, required use of

respirators during all Class II and Class III work that was not

performed using wet methods, without regard to actual or anticipated

exposure levels. However, respirator use can also increase the safety

hazards associated with roofing work by limiting workers' visibility

and mobility. Moreover, roofing work is sometimes done in hot weather,

which can add to the discomfort associated with respirator use.

Respirator use may also increase the risk that roofing workers

performing the often physically demanding labor required of them during

hot weather will suffer heat stress. OSHA believes that the drawbacks

of respirator use on roofs would lead many roofing contractors to use

wet methods rather than respirators on sloped roofs if one or the other

is required. Therefore, a requirement that either respirators or wet

methods be used would lead to increased use of wet methods on sloped

roofs, with an attendant increase in slipping and falling hazards.

OSHA is reluctant to include a requirement in the standard that

could increase safety hazards during roofing work unless such a

requirement is clearly needed to avoid overexposing workers to airborne

asbestos. As noted above, evidence in the rulemaking record indicates

that asbestos levels will not exceed the TWA or excursion limit when

intact roofing material is removed using proper work practices even

when wet methods are not used. For the reasons discussed earlier, OSHA

has

[[Page 33978]]

therefore concluded that wet methods should not be required during such

removals. OSHA further concludes that employers should not be forced to

choose between wet methods and respirators because such a choice would

undoubtedly lead to use of wet methods in many cases and, even where

respirators are selected, roofing workers would be exposed to increased

safety hazards. Accordingly, paragraph (h)(1)(iii) is being corrected

to provide that even when wet methods are not used on sloped roofs,

respirators need not be worn when a negative exposure assessment has

been made and the ACM is removed in an intact state.

(c) Lowering Removed Material to the Ground

Once asbestos-containing roofing material has been separated from

the roof, it must be lowered to the ground for disposal. Proper

handling of the material, both on the roof and on the ground, is needed

to reduce the release of asbestos fibers. Even when the material is

intact, the large quantity of material that must be moved from the roof

to the ground during a Class II roof removal job dictates that care be

used in the disposal operation. And when material is non-intact, the

potential for release of large numbers of asbestos fibers during

disposal operations requires additional precautions.

As originally written, paragraph (g)(8)(ii)(E) required that any

ACM removed from a roof either be immediately lowered to the ground via

covered, dust-tight chute, crane or hoist, or else be placed in an

impermeable waste bag or wrapped in plastic sheeting and lowered to the

ground no later than the end of the work shift. By oversight, no

distinction was made between intact and non-intact material. To correct

this oversight, OSHA is clarifying the wrapping or bagging requirement

of paragraph (g)(8)(ii)(E) in the case of intact roofing material. As

long as the material is lowered to the ground no later than the end of

the work shift, the employer is no longer required to wrap or bag

intact material while the material remains on the roof. Wrapping or

bagging of intact material is inappropriate for two reasons. First,

wrapping or bagging requires additional handling of the material and

could increase the likelihood of asbestos fiber release, particularly

in the case of large sections of built-up roofing, which can be

difficult to wrap or bag. Second, wrapping or bagging increases the

time required for the job and would thereby increase the time during

which workers are exposed to the safety hazards associated with roofing

work. OSHA believes that, when ACM that has been removed from a roof is

intact, there is little potential for fiber release if the material

remains undisturbed on the roof for a short time.

For non-intact material, however, the potential for significant

fiber release requires some means of protection if the material is not

immediately lowered to the ground. To minimize fiber release from non-

intact material while it remains on the roof, paragraph (g)(8)(ii)(E)

requires that such material either be kept wet, wrapped, or bagged if

the material is not immediately lowered to the ground. The option to

keep the material wet was not available under the original version of

the standard. However, keeping the material wet will minimize fiber

release and will avoid the need the additional handling required when

the material is wrapped or bagged. Although wetting may sometimes not

be feasible, there is no reason not to allow its use as an alternative

to wrapping or bagging in those situations where it is feasible.

As corrected, paragraph (g)(8)(ii)(E) allows material to be carried

or passed to the ground by hand as an alternative to being lowered by

means of a dust-tight chute, crane or hoist. This gives employers

additional flexibility in situations where manual lowering is feasible.

For example, some roofing jobs may involve removal of amounts of ACM

sufficiently small that the most feasible method of lowering the

material to the ground may be to have it carried off the roof by a

worker. Also, where the roof is not too high off the ground, it may be

feasible to pass the material to the ground from hand to hand. As long

as the material is not dropped or thrown to the ground, OSHA does not

wish to prohibit use of lowering methods that do not give rise to the

potential for significant fiber release.

Two technical amendments dealing with disposal of asbestos-

containing roofing material are also being made. Paragraph (l)(2), the

general provision for disposing of asbestos waste, is being corrected

to state explicitly that the specific requirements for disposal of

roofing waste in paragraph (g)(8)(ii) apply in lieu of the general

requirement of paragraph (l)(2). And paragraph (g)(1)(iii), which

generally requires prompt clean-up and disposal of asbestos waste and

debris in leak-tight containers, is similarly being corrected to state

that the specific provisions for clean-up and disposal of roofing waste

in paragraph (g)(8)(ii) are exclusive. Thus, disposal of roofing waste

is governed exclusively by paragraph (g)(8)(ii)(E), which has been

discussed above, and paragraph (g)(8)(ii)(F), which requires that once

roofing material has been lowered to the ground, unwrapped material

shall be transferred to a closed receptacle in a manner that will

preclude the dispersion of dust.

(d) Cleanup of Dust and Debris

The standard contains several requirements aimed at assuring that

asbestos-containing dust and debris are cleaned up in a manner that

minimizes worker exposure. Paragraph (g)(1)(i) requires that HEPA

vacuums be used to collect all dust and debris containing ACM or PACM.

The general provision for use of wet methods in paragraph (g)(1)(ii)

applies during cleanup operations. And dry sweeping, shoveling, or

other dry clean-up methods are prohibited by paragraph (g)(3)(iii).

When a roof is to be removed, there is often dust and debris on the

roof that has resulted from the roof's exposure to the elements over a

long period of time. The standard does not require HEPA vacuuming of

such general environmental contamination before roof removal work

begins or during such work. HEPA vacuuming of dust and debris is only

required if there is an indication that non-intact ACM is the source of

the dust and debris. Similarly, if a roofing contractor does clean up

environmental dust and debris that is not associated with non-intact

ACM before or during a roof removal job, the standard's prohibition on

use of dry clean-up methods does not apply.

When a power roof cutter is used to remove built-up roofing, the

dust resulting from the cut is non-intact ACM, and the standard

requires that the dust be thoroughly and appropriately cleaned up.

Rather than requiring that such dust always be HEPA vacuumed, paragraph

(g)(8)(ii)(D) is being corrected to give employers additional

flexibility when the dust can be removed by other means that prevent it

from becoming airborne. When built-up roofing is removed from a smooth-

surface roof (i.e., a non-aggregate built-up roof), paragraph

(g)(8)(ii)(D) now permits employers, as an alternative to HEPA

vacuuming, to gently sweep and then carefully and thoroughly wipe up

the still-wet dust and debris generated by the roof cutter and left

along the cut line. As long as the dust is completely wiped up while it

is wet, this method will assure that the dust is disposed of without

becoming airborne. However, where the built-up roofing has an aggregate

surface, sweeping and wiping of the dust generated by the roof cutter

is not an effective alternative because some dust will remain in the

cracks and crevasses of the aggregate surface.

[[Page 33979]]

Therefore, HEPA vacuuming is still required in this situation.

A correcting amendment is being made to paragraph (g)(1)(i), the

general provision requiring HEPA vacuuming of dust and debris, to

acknowledge that paragraph (g)(8)(ii)(D) contains an exception to the

requirement for HEPA vacuuming of dust and debris in the case of

removal of built-up roofs from smooth bases. The amendment to paragraph

(g)(1)(i) does not affect the general requirement that dust and debris

associated with non-intact roofing material be HEPA vacuumed.

(e) Small Removal and Repair Jobs

Before a roof has reached the end of its useful life and must be

replaced, it can develop leaks that must be repaired. When only a small

area of an asbestos-containing roof is disturbed during a removal or

repair job, the potential for exposure is much lower than for a

complete roof removal job, and all of the precautions required for

Class II or III roof removal jobs are not needed. It would, for

example, be unnecessarily burdensome to require a HEPA vacuum to be

lifted to a roof and connected to a possibly distant source of

electricity if only a negligible amount of dust must be collected.

Accordingly, a new paragraph (g)(8)(ii)(H) is being promulgated to

provide that removal or repair of intact roofing less than 25 square

feet in area does not require use of wet methods or HEPA vacuuming as

long as manual methods which do not render the material non-intact are

used and no visible dust is created. By requiring that hand methods be

used and no visible dust be released, the exception is limited to

situations where the work is done in a manner that does not release

significant numbers of asbestos fibers. Moreover, OSHA believes that

the 25 square foot figure, which represents a 5-foot square area,

represents a reasonable cutoff between small repair jobs that do not

require the full range of protection and larger jobs that present the

potential for significant exposures.

Paragraph (g)(8)(ii)(H) is located in a section of the standard

that addresses methods of compliance for Class II work. However, a job

that qualifies for the exception also does not require use of wet

methods and HEPA vacuuming under provisions of the standard applicable

to Class III and Class IV roofing operations.

(f) Clarifying Corrections

Several corrections are being made to the regulatory language to

clarify OSHA's intent and avoid uncertainty among employers who must

comply with the standard.

Paragraph (f)(2)(ii), which describes the basis for making initial

exposure assessments, is being corrected to state more directly that

the initial exposure assessment must be based on jobsite monitoring

unless a negative exposure assessment has been made.

The introductory sentence of paragraph (g)(8)(iii) is being

corrected to clarify OSHA's intent that the requirements of paragraph

(g)(8)(iii) do not apply to removal of ACM from roofs but only to

removal of ACM from building exteriors other than roofs.

Paragraph (k)(7)(ii) is being corrected to assure that signs

demarcating a regulated area provide accurate information as to whether

respirators and protective clothing are required in the area. As

originally written, the provision required all such signs to state that

respirators and protective clothing must be worn in the regulated area.

However, this information was sometimes inaccurate, because certain

work must be performed in regulated areas even when the employees in

the area are not required to wear respirators and protective clothing.

For example, all Class II work must be performed in regulated areas,

but respirators and/or protective clothing are not required during such

work if the material remains substantially intact during removal and a

negative exposure assessment has been made. Accordingly, paragraph

(k)(7)(ii) is being corrected to provide that signs marking regulated

areas must state that respirators and protective clothing must be worn

within the area only when the standard in fact requires such

protection.

(g) Clarifying Interpretations

Definition of ``intact'': The term ``intact'' is used in a number

of provisions of the standard relating to roofing work. For example,

several paragraphs discussed above differentiate between ``intact'' and

``non-intact'' roofing materials. Similarly, paragraph (g)(8)(ii)(A),

which applies to Class II roofing removals, requires that roofing

material be removed in an ``intact'' state to the extent feasible.

``Intact'' is defined at paragraph (b) to mean ``that the ACM has not

crumbled, been pulverized, or otherwise deteriorated so that it is no

longer likely to be bound with its matrix.'' Accordingly, paragraph

(g)(8)(ii)(A) is satisfied when the roofing material is removed in a

manner that does not cause it to crumble, become pulverized, or

otherwise damaged in a manner that is likely to release asbestos

fibers. Also, if asbestos-containing roofing material is not removed

``in a substantially intact state,'' paragraph (h)(1)(ii) requires

respirator use. In short, the meaning of the term ``intact'' has

considerable importance in determining whether and how roofing

operations are regulated under the standard.

Roofing materials that are separated into pieces in the process of

removal or repair are not considered to be ``non-intact'' solely

because the material has been cut, sliced, pried, or otherwise

separated into smaller units for the purpose of removal. The condition

of the smaller units or pieces of removed roofing (for example, a 2

foot by 2 foot section of built-up roofing) must be evaluated against

the definition of the term ``intact'' in paragraph (b) of the standard

in order to determine whether the roofing material has been rendered

``non-intact'' by a removal or repair operation. For example:

a. Built-up roofing (BUR) that has been cut into smaller

sections (e.g., using a power roof cutter) and pried up from the

roof is not deemed to be ``non-intact'' solely because it has been

separated into pieces. If the pieces of removed BUR have ``not

crumbled, been pulverized, or otherwise deteriorated so that [they]

are no longer likely to be bound with [their] matrix,'' then they

are ``intact'' as defined in paragraph (b) of the standard. On the

other hand, the dust created by the destructive force of the cutting

blade of a power roof cutter would be considered ``non-intact.''

b. The same interpretation applies to other roofing materials

which are typically removed by dividing them into smaller units. For

example, roof mastics and cements are usually pried, chipped or

scraped off; asphalt felt underlayments are sliced and rolled-up or

sometimes scraped-off or chipped-off; and flashings are sliced into

manageable units and then pried-up. The fact that roofing materials

have been removed in this fashion does not by itself render them

non-intact under the standard. Rather, the removed pieces of roofing

must be evaluated to determine whether they are ``intact'' as

defined in paragraph 1101(b) of the standard.

c. Likewise, although asbestos-cement (A/C) shingles are pried

up by hand and removed as individual units of roofing, occasionally

incidental breakage of the shingles will occur even during careful

removal procedures. Such incidental breaking does not in and of

itself render the material non-intact under the standard; the

question is whether the shingles (whether broken or not) have been

crumbled, pulverized, or otherwise are not likely to be bound with

their cementitious matrix as a result of the removal operation. The

same interpretation applies to incidental breakage of other

asbestos-containing roofing materials during removal or subsequent

handling.

Paragraph (h)(1)(ii) requires that respirators be used if the

material is not removed in a ``substantially intact state.'' This

provision does not require

[[Page 33980]]

that respirators be used during removal of built-up roofing when the

BUR is cut into pieces.

HEPA Vacuuming, Wet Methods, and Bagging or Wrapping of Removed

Material: Certain of the corrections to the standard that have been

described earlier limit the situations in which HEPA vacuuming, wet

methods, and bagging or wrapping are needed when asbestos-containing

roofing materials are ``intact'' both prior to and after removal.

Because many roof removal jobs involve removal of intact material, it

is useful to summarize when these precautions are required.

The only wet method required when removing intact roofing material

is continuous misting of the cutting blade of a power roof cutter,

unless the competent person determines that misting substantially

reduces worker safety, during removal of built-up roofing. HEPA

vacuuming is only required to remove the dust that the power roof

cutter leaves behind on aggregate-surface built-up roofs. And intact

material does not need to be bagged or wrapped while it remains on the

roof prior to being lowered to the ground. The material must, however,

be lowered to the ground before the end of the work shift.

OSHA emphasizes that additional precautions are required when

roofing material is non-intact. All dust and debris associated with

such material must be HEPA vacuumed. If non-intact material is not

immediately lowered to the ground, it must be kept wet, bagged, or

wrapped while it remains on the roof. Additional use of wet methods

will often be appropriate. However, because of potential safety hazards

and other problems that excessive water on a roof can create, the

degree to which wet methods are used is left to the sound judgment of

the competent person. When non-intact material is removed, and

particularly when wet methods are not used or when their use is

limited, precautions such as respirators and protective clothing, which

must be used if a negative exposure assessment cannot be made, will be

required.

Isolation or Shutdown of Air Intakes: Paragraph (g)(8)(ii)(G)

requires that roof level heating and ventilation air intake sources be

isolated, or the ventilation system shut down, during Class II roof

removal work. The purpose of this provision is to prevent asbestos

fibers from entering the building's ventilation system and being

inhaled by persons in the building.

In general, paragraph (g)(8)(ii)(G) requires isolation or shutdown

only of air intakes in the regulated area. Under paragraph (e),

regulated areas must be established and demarcated in a manner that

will protect persons outside the area from exposure to asbestos.

Therefore, when regulated areas have been properly established, there

should not be a significant quantity of airborne asbestos fibers

available to enter air intakes outside the regulated area. In some

circumstances, however, prudence will dictate that air intakes even

outside the regulated area be isolated or shut down. For example, if

the opening of an intake outside the regulated is downwind from the

removal work, variables such as wind speed and proximity and

orientation of the intakes to the air flow may warrant isolation or

closure of the intake. OSHA expects the competent person to use good

judgment to effectuate the intent of the provision. Forms of isolation

that will satisfy paragraph (g)(8)(ii)(G), depending on the

circumstances of the particular job, include: (1) the use of 20 foot

``buffer zones,'' subject to the exercise of good judgment by the

competent person based on site-specific conditions, as discussed in the

August 10, 1994 preamble, 59 Fed. Reg. at 41006; (2) the use of HEPA

filters over the air intakes; (3) the use of horizontal or vertical

extensions that relocate the opening of the air intake outside or above

the regulated area or away from or above a nearby upwind source of

asbestos fiber emissions; or (4) covering the intake with plastic

sheeting or another kind of barrier.

5. Respiratory Protection

Paragraph (h) of Construction and Shipyard Employment Standards.

Respirators: In Class I operations in which a negative exposure

assessment is not obtained, OSHA has clarified its respiratory

protection requirements and has determined that the use of tight-

fitting powered air-purifying respirators is permitted if the exposure

assessment and monitoring show that exposure levels do not exceed 1 f/

cc as an 8 hour time weighted average. Further when supplied air

respirators are used in such circumstances, either HEPA egress

cartridges or auxiliary bottles of air for supplied air respirators

will be allowed. Paragraph (h)(2)(iv) in the construction and shipyard

standards is corrected to incorporate these changes. The respirator

tables remain unchanged.

This clarification is made to address the concerns of participants

that although a higher degree of respiratory protection is needed in

Class I operations where a negative exposure assessment is not

produced, there are times when safety hazards (e.g., tripping), worker

acceptability, configuration of the work area, and feasibility

considerations make the choice of a supplied-air respirator less

optimal. The record showed that tight-fitting powered air-purifying

respirators (PAPRs) are widely accepted, offer additional mobility, and

are effective at those levels and therefore are a protective

alternative to supplied air respirators. Therefore, when an employer's

exposure assessment shows that exposure levels will be below 1.0 fibers

per cubic centimeter (f/cc) as an 8-hour time-weighted average, OSHA is

allowing use of PAPRs. Where a negative exposure assessment is not

produced, but fiber levels are controlled and do not vary above 1.0 f/

cc as an 8-hour time-weighted average, OSHA believes use of PAPRs is

appropriate.

Additionally, OSHA has noted that operations having higher fiber

levels are often quite variable and that the time required to receive

sampling results may be lengthy, hence the standards continue to

require supplied air respirators when fiber levels are above the 1.0 f/

cc level. Thus, the higher degree of protection offered by supplied air

respirators is needed, as pointed out by rulemaking participants (Ex.

7-54, Ex. 143 at 48 and 63).

OSHA is also allowing the use of HEPA egress cartridges with

supplied air respirators. Participants expressed concern that an

auxiliary positive pressure self-contained breathing apparatus was not

the only means of adequately providing for escape from the work area

when the air supply failed. Many felt that HEPA-escape cartridges were

equally effective and should be allowed. (See discussion in Ex. 143 at

65-69). OSHA notes that careful training in the use of HEPA-egress

methods and of auxiliary positive pressure self-contained breathing

apparatus is essential to their effective use in emergency situations.

6. Hygiene Facilities and Practices for Employees

Paragraph (j) Construction and Shipyard Employment Standards

Some participants pointed to an apparent inconsistency in the

hygiene requirements in the standard. OSHA is correcting the provision

dealing with clean rooms, (j)(1)(i)(C) in both standards, to clarify

that showering is required and then the worker is to use a clean room

provided by the employer to put on street clothes.

Briefly, the overall scheme for showering following asbestos work

is as follows:

1. Class I work involving more than 25 linear or 10 square feet of

TSI or surfacing ACM, adjacent showers required except where

infeasible, on

[[Page 33981]]

ships or for outdoor work. These may HEPA vacuum their work clothes,

change to clean work clothes and proceed to a non-adjacent shower.

2. Following Class I jobs involving less than 25 linear or 10

square feet of TSI or surfacing ACM, and Class II asbestos operations

in which the PELS may be exceeded, showering is required, but the

shower need not be adjacent to the work site, so long as the workers

HEPA vacuum their work clothes on dropcloths and use proper procedures

for clean-up before proceeding to a non-contiguous shower.

3. Following Class III work where the PELs may be exceeded, HEPA

vacuuming of work clothes is required.

For Class III operations involving thermal system insulation and/or

surfacing ACM/PACM where there is no exceedence of the PELs, HEPA

vacuuming of workclothing is highly recommended, though not required.

7. Communication of Hazards

Paragraph (k) of Construction and Shipyard Employment Standards and

paragraph (j) of General Industry.

OSHA is making some corrections of the regulatory text to clarify

(i) which materials an employer must presume are asbestos-containing,

(ii) when a reasonable employer must investigate the possibility that

other materials are asbestos-containing, (iii) how to refute a required

presumption that materials contain asbestos, (iv) when to make these

decisions, and (v) whom to inform.

The term ``due diligence'' is not defined, it means however, that a

reasonable employer, informed of this standard and other pertinent

regulations, must inquire into the possibility that a building material

is asbestos-containing. The required extent of the inquiry may vary,

depending on the prevalence of the ACM for that use in that location,

previous surveys, inspections, and other knowledge sources, and the

date the material was installed.

Paragraph (k)(5)(ii)(B) in the construction and in the shipyard

employment standard and paragraph (j)(8)(ii)(B) of the general industry

standard are clarified to address concerns of participants regarding

the requirement for 3 bulk samples to rebut the presumption that a

material is ACM. OSHA clarifying that it is referencing the EPA

sampling protocol of 40 CFR 763.86. This requires an accredited

inspector (OSHA allows a CIH) to collect samples in a random

representative manner from each homogenous area of surfacing material:

3 from each homogeneous area of less than 1,000 square feet, 5 from

areas between 1,000 and 5,000 square feet and 7 from areas greater than

5,000 square feet. In addition, one sample is adequate from homogenous

patched areas of TSI of less than 6 square or linear feet. For

insulated mechanical systems and other ``miscellaneous'' materials,

bulk samples are to be collected ``In a manner sufficient to determine

whether the material is or is not ACM.''

Further, this scheme will allow the inspector or CIH to determine

that a TSI is fiberglass, foam glass, rubber or other non-asbestos

containing material and sampling is not required for these materials.

Thus, the number of samples required will be lessened in some

situations and increased in others, depending on the amount of material

present. Actual sampling may be conducted under the supervision of a

certified industrial hygienist or accredited inspector, but a ``visual

identification'' may be made only by a CIH or inspector.

Training Requirements: Questions have arisen regarding the time

requirements for ``refresher'' training required in paragraph

(k)(9)(ii) of the construction and the shipyard employment standards.

OSHA wishes to clarify that for Class I workers and for Class I and

Class II competent persons whose training is equivalent to that of 40

CFR part 763, subpart E, appendix C, the annual refresher training

shall be of 8 hours duration, equivalent to that in the EPA regulation.

For all others trained under the provisions of these standards, annual

refresher training is required, but the duration is not specified. OSHA

believes that hands-on training is essential for both initial and

refresher training. To accomplish this and cover essential health

information, a minimum of two hours training will be expected for Class

II and III work.

Training for Class II work: In developing the revised standards,

OSHA noted that asbestos abatement workers often remove large amounts

of the higher hazard materials such as thermal system ACM and sprayed-

on ACM and other ACM having somewhat lower exposure potential such as

siding, wallboard and other building materials. For this group of

workers OSHA continues to believe that training equivalent to that of

EPA's asbestos abatement worker training is appropriate.

However, some workers will remove only ACM which is not TSI or

surfacing ACM. For those whose work involves removal of only a single

generic type of material, OSHA specified that an 8 hour training course

would be acceptable. OSHA continues to believe that this time period is

necessary for training of workers whose duties include removal of

building materials such as roofing, flooring, siding, transite panels

and ceiling tiles.

However, it has been brought to the agency's attention that there

are some other types of materials other than those listed ACM building

components. These other materials include gaskets, firedoors,

laboratory hoods, and other materials (for example, see list in Ex. 1-

183, EPA's ``Greenbook'' Appendix G, page 40). However, covering all

required training for those other materials is generally not assumed to

take 8 hours. The training for these materials continues to require

covering all topics in (k)(9)(viii) of the Construction and Shipyard

Employment Standard, all pertinent work practices and other controls

and must have a ``hands-on'' component. OSHA believes that such

training would be likely to require at least 4 hours to adequately

cover the topics, methods, and hands-on portion. OSHA also recognizes

that many different operations will be covered in this type of training

and that the time required for adequate training will vary and thus the

period is not specified.

Training for Class III Work: OSHA has reviewed the training

requirements for Class III work for employers with a stable work force

which infrequently encounters limited types of asbestos and generates

less than a waste bag full of dust and debris (OSHA notes that the

waste bag dimensions must not exceed 60'' by 60''). These operations

occur at various locations such as refineries, power plants, or in the

communication industry and may involve rapidly completed operations

such as removal of a small gasket from a pipeline or drilling a hole in

a shingle to run a cable through it. In submissions to the record,

participants (e.g., Exhibits 7-21, 7-99, 7-101, 127, 145) presented

sampling data indicating these exposures were well-controlled by the

use of work practices by workers trained under the provisions of the

earlier standards.

The standards require training equivalent to EPA's ``O&M'' training

as outlined in 40 CFR 763.92. This training, which was originally

intended to serve as part of an operation and maintenance program for

schools, provides a basis for training for those operations in most

other buildings and facilities. However, OSHA has re-evaluated the

requirements for this training in light of the fact that Class III

operations under its standards include different activities than

managing installed asbestos containing building materials in place.

This 16 hour course may not serve to properly prepare those

[[Page 33982]]

whose duties include other activities such as changing an intact

gasket, in a pipeline, replacing packings or making occasional small

opening in shingles to run lines. On the other hand, these jobs often

involve only small amounts of asbestos and are usually brief in

duration, infrequent, and often take place out of doors requiring

different skills so that some of the requirements of the 16 hour course

are not relevant.

OSHA has clarified that, as for other provisions of the standards,

employers may rely on their well-trained competent persons to decide

whether the O&M-type course is appropriate to these tasks. If it is

determined that the curriculum, equivalent to that of 40 CFR 763.92

does not adequately cover the topics and work practices needed in an

operation, the employer's competent person may certify that the

training contained in (k)(9)(viii) is more applicable to that situation

and may opt to designate this training, as long as the specific work

practices, other controls necessary and ``hands-on'' training will be

adequately covered.

OSHA anticipates that the duration of the training will to some

extent, reflect the complexity and hazard of the operation, but would

be likely to require at least 4 hours of initial training to adequately

cover the topics, methods, and hands-on portion. However, the duration

of such training is not specified. Annual refresher training for this

group of workers is required, without specified duration.

Paragraph (j)(7)(iv) of the General Industry standard is corrected

to clarify the requirement for awareness training of housekeepers. The

word ``facility'' is replaced with the word ``area.'' This clarifies

OSHA's intention that only those workers whose housekeeping duties

require them to work in areas of a building or facility in which

asbestos or presumed asbestos is present shall receive awareness

training. For example, in a refinery in which the only ACM/PACM is

outdoor pipe insulation and the housekeepers duties are only within the

office building on the site, the employer is not required to provide

them awareness training. Awareness training is required for those whose

duties might bring them into contact with ACM/PACM.

Signs: The requirements for signs in the construction standard were

inadvertently omitted from the general industry standard. The paragraph

(k)(6) of the 1926.1101, which requires asbestos warning signs in areas

of buildings where there is ACM/PACM, is added to 1910.1001 and becomes

paragraph (j)(3)(v).

8. Medical Surveillance

Paragraph (m) Construction and Shipyard Employment Standard.

OSHA inadvertently included more extensive medical requirements for

2 groups of workers who perform lower risk work. Accordingly, OSHA is

clarifying paragraph (m)(1)(i) to reduce requirements for medical

surveillance for two groups of workers. For the first group, occasional

wearers of respirators, the more comprehensive physical examination

required by the asbestos standards is not necessary for workers who are

required to wear negative pressure respirators while performing Class

I, II, or III work for less than 30 days per year. For this group, a

physician must ensure that employees are able to use a respirator. The

interval for such determinations is one year. This provision is similar

to that of 1910.134, the Respiratory Protection Standard, which is

currently in rulemaking. This provision may be amended as a result of

that process, at which time OSHA may reconsider this provision in the

asbestos standards also.

Class II and Class III Medical Surveillance: The second group are

workers who perform Class II and Class III operations very briefly and

occasionally, and are exposed below the permissible exposure level

(PEL). The standard provides medical surveillance for all workers below

the PEL who engaged in Class II or III operations for 30 or more days

per year. However, OSHA now clarifies that the 30-day requirement

should be corrected to exclude days in which less than one hour is

spent in Class II or III work when work practices that fully comply

with the standard's requirements are followed. As thus modified, the

standard more closely reflects OSHA's policy of requiring medical

surveillance for workers exposed at or above an action level for 30 or

more days per year.

The 1986 asbestos standard required medical surveillance for

workers exposed above the action level (then 0.1 f/cc) for 30 or more

days per year. OSHA standards for other toxic air contaminants,

including lead, cadmium, benzene, and ethylene oxide, similarly trigger

medical surveillance by exposure at or above an action level of 30 or

more days per year. When the court of appeals remanded the 1986

standard for OSHA to re-evaluate whether the 8-hour time weighted

average exposure limit (then 0.2 f/cc) should be lowered, it also

instructed OSHA to reconsider making a corresponding reduction in the

action level. However, in lowering the 8-hour time weighted average

exposure limit (TWA) to 0.1 f/cc in the present standard, OSHA decided

not to set an action level equal to half the new TWA. This decision was

based on the difficulty of obtaining reliable and reproducible

measurements of asbestos concentrations as low as 0.05 f/cc under

jobsite conditions (see 59 FR at 40975).

Instead of triggering medical surveillance by an action level of

0.05 f/cc, the asbestos standard required medical surveillance for all

workers who engaged in Class I, II, or III work for 30 days or more per

year. Thus, for medical surveillance purposes, the standard uses the

classification system as a surrogate for the action level. OSHA

believed that using Class II and III work in particular to trigger

medical surveillance would be approximately the equivalent of

triggering medical surveillance by an action level of 0.05 f/cc, for

while most Class II and Class III jobs are not expected to exceed the

8-hour TWA of 0.1 f/cc, they involve the removal of substantial amounts

of asbestos containing material and may approach or exceed levels of

0.05 f/cc.

OSHA continues to believe that the classification system is a

reasonable surrogate for an action level and that workers who perform

Class II and/or Class III work for 30 or more days per year should

generally receive medical surveillance under the standard. However,

OSHA is correcting the standard to exclude from the 30-day count those

days in which the worker engages in Class II or III work for one hour

or less when such work is performed in accordance with the work

practices required by the standard. When the standard's work practices

are followed during Class II and Class III work, the rulemaking record

shows that the TWA will usually not be exceeded even if the work

continues for all or most of an 8-hour work shift (see 59 FR at 41000-

41008). Thus, in most cases, employers will choose not to monitor

specific jobs because they have historic and/or objective data.

OSHA believes that where historic and/or objective data exempt an

employer from monitoring most exposures will be well below the TWA of

0.1 f/cc, and would also be below 0.05 f/cc, if the job takes less than

one hour and the proper work practices are used. Therefore, the

classification system will be a more accurate surrogate for an action

level if those days in which employees perform Class II or Class III

work for one hour or less while using proper work practices are

excluded from the number of days that count toward the medical

surveillance requirement. OSHA believes that this adjustment better

aligns the standard

[[Page 33983]]

with OSHA's policy of requiring medical surveillance of workers who are

exposed to a level equal to or exceeding an action level of half the

permissible 8-hour time weighted average for 30 or more days per year.

OSHA believes that the one-hour period is a reasonable cutoff

between jobs of brief duration and those that cover a substantial part

of the work shift. In addition to more accurately reflecting OSHA's

usual medical surveillance policy, this correction will avoid imposing

unnecessary recordkeeping burdens on employers by enabling them to

avoid recording, for medical surveillance purposes, each day an

employee engages in Class II or III work even when that work may last

only a few minutes.

9. Appendices

General Industry Standard, Appendix F, Shipyard Employment

Standard, Appendix L:

Throughout the discussion of asbestos exposure during brake and

clutch repair work in the preamble, OSHA stated that it would require

training of technicians/mechanics in the proper use of work practices

to be used during these operations. However, language to that effect

was inadvertently omitted from the appendices describing the mandatory

work practices. This document corrects the text of the appendix in both

1910.1001 and 1915.1001 to include a requirement that technicians/

mechanics be trained in the proper use of the preferred or equivalent

work practices.

Equivalency of Alternate Methods for Brake Work: OSHA is also

correcting Appendix F of the General Industry and Appendix L of the

Shipyards Employment standard to indicate that the fiber level required

to demonstrate the equivalency of an alternate method of asbestos

control in brake and clutch work is 0.016 f/cc. As originally drafted,

the standard set the equivalency criterion at 0.004 f/cc. This was

based on a NIOSH study (Ex. 1-112) showing that the preferred methods

of asbestos control in brake and clutch work could attain exposure

levels ranging from 0.004 to 0.016 f/cc. OSHA has determined that the

more appropriate value for an equivalent method to attain is the high

end of the range of values found to be attainable in this study, or

0.016 f/cc. Setting the equivalency level at this value will assure

that an equivalent method provides workers with effective protection

against asbestos exposure without making the equivalency criterion so

low as to discourage development of alternative methods of protecting

brake and clutch workers. The standard lists two preferred methods of

asbestos control during brake and clutch work: the Negative Pressure

Enclosure/HEPA Vacuum System Method and the Low Pressure/Wet Cleaning

Method. The appendices to the general industry and shipyard standards

give detailed descriptions of these methods. When these methods are

properly used by trained workers, employers are in full compliance with

the standard.

The standard also permits the use of equivalent methods that can be

shown to comply with the equivalency criterion, as corrected by this

document, of 0.016 f/cc. Like the preferred methods, an equivalent

method must include a detailed description of the practices that must

be followed when the method is used. Since equivalent methods are not

set forth in the standard, an employer who uses such a method must have

a written description of the method that contains sufficient detail

that the method can be reproduced. When the method meets the

equivalency criterion and the workers who use it are properly trained,

then just as when a preferred method is used, the employer is in full

compliance with the standard.

The proposed standard described a method, referred to as the Spray

Can/Solvent System Method, that OSHA did not include as a preferred

method in the final standard. However, OSHA has determined from the

NIOSH study that the Spray Can/Solvent System Method, as described in

the proposed standard, meets the corrected equivalency criterion of

0.016 f/cc. Accordingly, the Spray Can/Solvent Spray System Method

qualifies as an equivalent method under the corrected equivalency

criterion. When employers use the Spray Can/Solvent System Method, they

must adhere to the work practices listed in the proposed standard for

the method to qualify as an equivalent method. For convenience, those

work practices are reiterated here.

(1) The spray can/solvent system shall be used to first wet the

brake and clutch parts. Then, the brake and clutch parts shall be wiped

clean with a cloth.

(2) The cloth shall be placed in an impermeable, properly labelled,

container and then properly disposed of, or the cloth shall be

laundered in a way that prevents the release of asbestos fibers in

excess of 0.1 fibers per cubic centimeter of air.

(3) Any spills of solvent or any asbestos-containing waste material

shall be cleaned up immediately.

(4) The use of dry brushing during solvent spray operations is

prohibited.

The foregoing is an adequate written description of the Spray Can

Solvent System Method within the meaning of Appendix F to the general

industry standard and Appendix L of the shipyard employment standard.

The standard and this correction document are issued under the

authority of sections 4, 6(b), 8(c), and 8(g) of the Occupational

Safety and Health Act of 1970 (29 U.S.C. 653, 655, 657); Sec. 107,

Contract Work Hours and Safety Standards Act (Construction Safety Act,

40 U.S.C. 333); Sec. 41, Longshore and Harbor Workers' Compensation Act

(33 U.S.C. 941); and 29 CFR Part 1911.

Correction of Publication

The following corrections are made in the final rule for

Occupational Exposure to Asbestos published in the Federal Register on

August 10, 1994 (59 FR 40964).

1. On page 40964, in the first column, in the first paragraph

entitled ``Summary,'' line 23 is corrected by removing the words ``high

hazard''.

2. On page 40972, line 11 of the first column, the word

``informing'' is corrected to read ``inform''.

3. On page 40972, in the first column, in the second full

paragraph, line 14, the words ``after 1979'' are corrected to read ``no

later than 1980''.

4. On page 40975, in the first column, in the last paragraph, line

10 is corrected by adding the words ``perform housekeeping'' after the

word ``who''.

5. On page 40977, line 17 of the second column, the words ``Class

II'' are corrected to read ``Class III''.

6. On page 40977, in the second to third column, in the paragraph

under the heading entitled ``Disturbance,'' lines 4 through 7 are

corrected to read ``definition, disturbance means activities that

disrupt the matrix of ACM or PACM, crumble or pulverize ACM or PACM, or

generate visible debris from ACM or PACM. It also includes''.

7. On page 40978, in the first column, the paragraph under the

heading entitled ``Presumed Asbestos-Containing Material (PACM)'' is

corrected to read:

* * * * *

In all three standards, ``presumed asbestos containing material,''

``PACM'' means thermal system insulation and sprayed on and/or troweled

on, or otherwise applied surfacing material in buildings constructed no

later than 1980. In many places in the Preamble, OSHA refers to ``high

risk'' ACM and PACM. These terms are not used in the regulatory text.

The term ``high risk'' refers to the possibility or potential for

injury and does not mean injury will necessarily occur. OSHA uses these

[[Page 33984]]

terms in the Preamble in a relative sense to describe its findings that

TSI and surfacing material are more prevalent and can be more friable

than many other asbestos-containing materials in buildings. As

discussed elsewhere in the Preamble, OSHA finds that the OSHA-required

provisions involving all types of ACM should result in low exposure

levels that would protect employees from significant risk. Although

these materials may have been installed in small quantities after 1980,

OSHA finds that their installation is unlikely after that date.

* * * * *

8. On page 40986, in the first column, in the first paragraph, line

21, the word ``a'' is corrected to read ``an''.

9. On page 40986, line 5 of the third column is corrected by

removing the word ``listing''.

10. On page 40987, in the third column, under the heading entitled

``Floor Maintenance,'' in the first paragraph, line 17, the word

``speed'' is corrected to read ``speeds''.

11. On page 40988, in the second column, in the second full

paragraph, line 15, the word ``Method'' is corrected to read

``Methods''.

12. On page 40988, in the third column, in the third full

paragraph, line 4 is corrected by removing the comma after the word

``prior''.

13. On page 40988, in the third column, in the third full

paragraph, line 11, the word ``if'' is corrected to read ``is''.

14. On page 40988, in the third column, in the last paragraph, line

4 is corrected by adding the word ``the'' after the word ``of''.

15. On page 40989, in the second column, under the heading entitled

``Other Basic Controls,'' in the first paragraph, line 13, the number

``(2)'' is corrected to read ``(3)''.

16. On page 40990, in the first column, in the second full

paragraph, the last line, the words ``see (g)(4)(F)'' are corrected to

read ``see paragraph (g)(4)(vi)''.

17. On page 40990, in the second column, in the third full

paragraph, line 7, the words ``paragraph B'' are corrected to read

``paragraph (b)''.

18. On page 40991, line 12 of the first column is corrected to read

``asbestos panel: 9 square feet; pipe''.

19. On page 41000, in the first column, in the first full

paragraph, the last line is corrected by removing the words ``in a''.

20. On page 41000, in the third column, in the first paragraph,

line 5, the words ``paragraph (g)(ii)(a)'' are corrected to read

``paragraph (g)(8)(i)''.

21. On page 41004, in the second column, under the heading entitled

``Roofing Operations,'' in the first paragraph, line 19 is corrected by

adding the word ``the'' after the word ``to''.

22. On page 41009, in the second column, in the last paragraph,

line 3, the number ``(9)'' is corrected to read ``(10)''.

23. On page 41009, in the second column, in the last paragraph,

line 18, the word ``contained'' is corrected to read ``containing''.

24. On page 41009, in the second column, in the last paragraph,

line 20, the words ``Paragraph (g)(9)'' are corrected to read

``Paragraph (g)(10)''.

25. On page 41009, in the third column, in the first paragraph,

line 1, the words ``paragraph (g)'' are corrected to read ``paragraph

(g)(10)(i)''.

26. On page 41009, in the third column, in the first paragraph,

line 11, the words ``(g)(g)(iv)'' are corrected to read ``(g)(10)(i)''.

27. On page 41010, in the first column, in the third full

paragraph, line 3, the words ``engineeromg cpmtrp'' are corrected to

read ``engineering controls''.

28. On page 41014, in the third column, in the last paragraph, line

16, the words ``before 1980'' are corrected to read ``no later than

1980''.

29. On page 41015, in the first column, in the third full

paragraph, line 1 is corrected by removing the word ``the''.

30. On page 41016, in the first column, in the last paragraph,

lines 8, 9, 10, and 15, the words ``high hazard'' are corrected to read

``high risk''.

31. On page 41016, in the second column, in the last paragraph,

line 6 is corrected by removing the word ``a''.

32. On page 41016, line 28 of the third column, the words ``high

hazard'' are corrected to read ``potentially high risk''.

33. On page 41017, in the first column, in the first full

paragraph, line 18, the words ``before 1980'' are corrected to read

``no later than 1980''.

34. On page 41017, in the second column, beginning in line 6, the

sentence ``Neither EPA's revised MAP nor OSHA requires specific

training or accreditation of persons who only visually inspect the

condition of ACM/PACM.'' is removed.

35. On page 41020, in the first column, under the heading entitled

``Training Requirements for Employees Performing Class III and IV

Work,'' in the first paragraph, lines 25 through 28 are corrected to

read ``consistent with EPA requirements for training of local education

agency maintenance and custodial staff as set forth at 40 CFR

763.92(a)(2).''.

36. On page 41023, in the second column, in the first full

paragraph, line 11 is corrected by adding the word ``school'' after the

word ``asbestos-containing''.

37. On page 41023, in the third column, in the second paragraph,

lines 8 through 11 are corrected to read ``trained in a course

consistent with EPA requirements for training of local education agency

maintenance and custodial staff as set forth at 40 CFR 763.92(a)(2). If

clean-up work is done within''.

38. On page 41044, in Table 7, in the last column entitled ``Total

annual incremental control costs,'' the figure ``24,787,345'' is

corrected to read ``14,787,345''.

Sec. 1910.1001 [Corrected]

39. On page 41057, in the third column, in Sec. 1910.1001,

paragraph (a)(2), line 5, the number ``1926.58'' is corrected to read

``1926.1101''.

40. On page 41057, in the third column, in Sec. 1910.1001,

paragraph (a)(3), line 7, the number ``1915.191'' is corrected to read

``1915.1001''.

41. On page 41058, in the first column, in Sec. 1910.1001,

paragraph (b), a definition of ``Certified industrial hygienist'' is

added before the definition of ``Director'' to read:

* * * * *

(b) * * *

Certified industrial hygienist (CIH) means one certified in the

practice of industrial hygiene by the American Board of Industrial

Hygiene.

* * * * *

42. On page 41058, in the first column, in Sec. 1910.1001,

paragraph (b), a definition of ``Homogeneous area'' is added before the

definition of ``Industrial hygienist'' to read:

* * * * *

(b) * * *

Homogeneous area means an area of surfacing material or thermal

system insulation that is uniform in color and texture.

* * * * *

43. On page 41058, in the first column, in Sec. 1910.1001,

paragraph (b), the definition of ``PACM'' is corrected to read:

* * * * *

(b) * * *

PACM means ``presumed asbestos containing material.''

* * * * *

44. On page 41058, in the first column, in Sec. 1910.1001,

paragraph (b), a definition of ``Presumed asbestos

[[Page 33985]]

containing material'' is added before the definition of ``Regulated

area'' to read:

* * * * *

(b) * * *

Presumed asbestos containing material means thermal system

insulation and surfacing material found in buildings constructed no

later than 1980. The designation of a material as ``PACM'' may be

rebutted pursuant to paragraph (j)(8) of this section.

* * * * *

45-48. On page 41058, in the first column, in Sec. 1910.1001,

paragraph (b), the following definitions are added in alphabetical

order after the definition of ``Regulated area'' to read:

* * * * *

(b) * * *

Surfacing ACM means surfacing material which contains more than 1%

asbestos.

Surfacing material means material that is sprayed, troweled-on or

otherwise applied to surfaces (such as acoustical plaster on ceilings

and fireproofing materials on structural members, or other materials on

surfaces for acoustical, fireproofing, and other purposes).

Thermal System Insulation (TSI) means ACM applied to pipes,

fittings, boilers, breeching, tanks, ducts or other structural

components to prevent heat loss or gain.

Thermal System Insulation ACM means thermal system insulation which

contains more than 1% asbestos.

* * * * *

49. On page 41058, in the first column, in Sec. 1910.1001,

paragraph (c)(1), line 4 is corrected by adding the word ``in'' after

the word ``asbestos''.

50. On page 41058, in the first column, in Sec. 1910.1001,

paragraph (c)(1), line 8, the word ``of'' is corrected to read ``to''.

51. On page 41058, in the first column, in Sec. 1910.1001,

paragraph (c)(2), line 7 is corrected by adding the words ``as

determined by the method prescribed in Appendix A to this section, or

by an equivalent method'' after the word ``minutes''.

52. On page 41058, in Sec. 1910.1001, paragraph (d)(5), line 5 of

the third column, the words ``action level'' are corrected to read

``PEL''.

53. On page 41059, in the second column, in Sec. 1910.1001,

paragraph (f)(1)(viii) is corrected by removing the word ``of'' on the

last line of the paragraph.

54. On page 41059, in the third column, in Sec. 1910.1001,

paragraph (f)(3)(i), line 24, the words ``Appendix F of'' are corrected

to read ``Appendix F to''.

55. On page 41060, in the third column above Table 1, in

Sec. 1910.1001, paragraph (g)(2)(ii) introductory text, line 2 is

corrected by adding the words ``tight-fitting'' before the word

``powered''.

56. On page 41060, in Sec. 1910.1001, paragraph (g)(2), in Table 1,

under the heading ``Airborne concentration of asbestos or conditions of

use,'' lines 1 through 3 are corrected to read ``Not in excess of 1 f/

cc (10 X PEL).''

57. On page 41060, in the first column below Table 1, in

Sec. 1910.1001, paragraph (g)(3)(iii), line 2 is corrected by removing

the comma after the word ``shall''.

58-59. On page 41060, in the first column below Table 1, in

Sec. 1910.1001, paragraph (g)(3)(iv), line 10, the word ``employee'' is

corrected to read ``employees''.

60. On page 41060, in the second column below Table 1, in

Sec. 1910.1001, paragraph (g)(4)(ii), line 11, the word ``of'' is

corrected to read ``to''.

61. On page 41060, in the second column below Table 1, in

Sec. 1910.1001, paragraph (g)(4)(ii), the last line, the number

``(ii)'' is corrected to read ``(i)''.

62. On page 41060, in the third column below Table 1, in

Sec. 1910.1001, paragraph (h)(2)(iv), the last line, the number ``(2)''

is corrected to read ``(4)''.

63. On page 41061, in the first column, in Sec. 1910.1001,

paragraph (i)(2)(i), line 4 is corrected by adding a comma after the

word ``limit''.

64. On page 41061, in the second column, in Sec. 1910.1001,

paragraph (j) introductory text, line 30 is corrected by removing a

closed parenthesis after the number ``1926.58''.

65. On page 41061, in the second column, in Sec. 1910.1001,

paragraph (j)(1), line 5 is corrected by adding the words ``in

buildings constructed no later than 1980'' after the word ``ACM''.

66. On page 41061, in the second column, in Sec. 1910.1001,

paragraph (j)(1), line 8, the word ``(B)'' is corrected to read

``(b)''.

67. On page 41061, in the second column, in Sec. 1910.1001,

paragraph (j)(1), line 9, the word ``standard'' is corrected to read

``section''.

68. On page 41061, in Sec. 1910.1001, paragraph (j)(1), line 1 of

the third column, the words ``paragraph (j)(6)'' are corrected to read

``paragraph (j)(8)(iii)''.

69. On page 41061, in the third column, in Sec. 1910.1001,

paragraph (j)(2)(i) is corrected to read:

* * * * *

(j) * * *

(2) * * * (i) Building and facility owners shall determine the

presence, location, and quantity of ACM and/or PACM at the work site.

Employers and building and facility owners shall exercise due diligence

in complying with these requirements to inform employers and employees

about the presence and location of ACM and PACM.

* * * * *

70. On page 41061, in the third column, in Sec. 1910.1001,

paragraph (j)(2)(iii) is corrected to read:

* * * * *

(j) * * *

(2) * * *

(iii) Building and facility owners shall inform employers of

employees, and employers shall inform employees who will perform

housekeeping activities in areas which contain ACM and/or PACM of the

presence and location of ACM and/or PACM in such areas which may be

contacted during such activities.

* * * * *

71. On page 41061, in the third column, in Sec. 1910.1001,

paragraph (j)(3)(ii) is corrected to read:

* * * * *

(j) * * *

(3) * * *

(ii) Sign specifications. (A) The warning signs required by

paragraph (j)(3) of this section shall bear the following information:

DANGER

ASBESTOS

CANCER AND LUNG DISEASE HAZARD

AUTHORIZED PERSONNEL ONLY

(B) In addition, where the use of respirators and protective

clothing is required in the regulated area under this section, the

warning signs shall include the following:

RESPIRATORS AND PROTECTIVE CLOTHING

ARE REQUIRED IN THIS AREA

* * * * *

72. On page 41061, in the third column, in Sec. 1910.1001,

paragraph (j)(3)(iv), line 5, the number ``(1)'' is corrected to read

``(3)''.

73. On page 41061, in the third column, in Sec. 1910.1001, a new

paragraph (j)(3)(v) is added to read:

* * * * *

(j) * * *

(3) * * *

(v) At the entrance to mechanical rooms/areas in which employees

reasonably can be expected to enter and which contain ACM and/or PACM,

the building owner shall post signs which identify the material which

is present,

[[Page 33986]]

its location, and appropriate work practices which, if followed, will

ensure that ACM and/or PACM will not be disturbed.

* * * * *

74. On page 41061, in the third column, in Sec. 1910.1001,

paragraph (j)(4)(i), line 5 is corrected by adding three sentences

after the word ``containers.'' to read:

* * * * *

(j) * * *

(4) * * *

(i) * * * When a building owner or employer identifies previously

installed ACM and/or PACM, labels or signs shall be affixed or posted

so that employees will be notified of what materials contain ACM and/or

PACM. The employer shall attach such labels in areas where they will

clearly be noticed by employees who are likely to be exposed, such as

at the entrance to mechanical room/areas. Signs required by paragraph

(j)(3) of this section may be posted in lieu of labels so long as they

contain information required for labelling.

* * * * *

75. On page 41062, in the first column, in Sec. 1910.1001,

paragraph (j)(5), line 9, the number ``(4)'' is corrected to read

``(6)''.

76. On page 41062, in the first column, in Sec. 1910.1001,

paragraph (j)(6), line 2, the number ``(2)'' is corrected to read

``(4)''.

77. On page 41062, in the second column, in Sec. 1910.1001,

paragraph (j)(7)(iv), line 3, the words ``a facility'' are corrected to

read ``an area''.

78. On page 41062, in the second column, in Sec. 1910.1001,

paragraph (j)(7)(iv), lines 14 and 15, the words ``are or will'' are

corrected to read ``perform housekeeping''.

79. On page 41062, in Sec. 1910.1001, paragraph (j)(8)(i), line 11

of the third column, the word ``(n)'' is corrected to read ``(m)''.

80. On page 41062, in the third column, in Sec. 1910.1001,

paragraph (j)(8)(ii)(A), line 4, the word ``asbestos'' is corrected to

read ``ACM''.

81. On page 41062, in the third column, in Sec. 1910.1001,

paragraph (j)(8)(ii)(A), line 5 is corrected by adding the word ``or''

after the word ``material;''.

82. On page 41062, in the third column, in Sec. 1910.1001,

paragraph (j)(8)(ii)(B), line 3, the word ``asbestos'' is corrected to

read ``ACM''.

83. On page 41062, in the third column, in Sec. 1910.1001,

paragraph (j)(8)(ii)(B), lines 5 through 7 are corrected to read

``analysis of bulk samples collected in the manner described in 40 CFR

763.86. The''.

84. On page 41062, in the third column, in Sec. 1910.1001,

paragraph (j)(8)(ii)(B), line 17, the word ``of'' is corrected to read

``or''.

85. On page 41062, in the third column, in Sec. 1910.1001,

paragraph (j)(8)(ii)(B), line 19, the word ``of'' is corrected to read

``or''.

86. On page 41062, in the third column, in Sec. 1910.1001,

paragraph (j)(8)(iii), the last line, the words ``asbestos free'' are

corrected to read ``not ACM''.

87. On page 41062, in the third column, in Sec. 1910.1001,

paragraph (k)(1), lines 3 and 4 are corrected to read ``practicable of

ACM waste and debris and accompanying dust.''.

88. On page 41062, in the third column, in Sec. 1910.1001,

paragraph (k)(4), line 3 is corrected by adding the words ``asbestos

containing waste and debris'' after the word ``vacuuming''.

89. On page 41063, in the first column above Table 2, in

Sec. 1910.1001, paragraph (k)(7)(ii), line 3, the word ``speed'' is

corrected to read ``speeds''.

90. On page 41063, in the first column above Table 2, in

Sec. 1910.1001, paragraph (k)(7)(iv) is correctly designated as

paragraph (k)(8), and is corrected to read:

* * * * *

(k) * * *

(8) Waste and debris and accompanying dust in an area containing

accessible ACM and/or PACM or visibly deteriorated ACM, shall not be

dusted or swept dry, or vacuumed without using a HEPA filter.

* * * * *

91. On page 41063, in the first column above Table 2, in

Sec. 1910.1001, paragraph (1) entitled ``Medical surveillance'' is

correctly designated as paragraph (l) entitled ``Medical

surveillance''.

92. On page 41063, in Sec. 1910.1001, paragraph (l)(2)(ii), line 6

in the third column is corrected by adding the words ``to this

section'' after the words ``Appendix D''.

93. On page 41063, in Sec. 1910.1001, paragraph (l)(3)(ii), in

Table 2, in the second column heading under the heading of ``Age of

employee'' the number ``40'' is corrected to read ``45''.

94. On page 41063, in the third column below Table 2, in

Sec. 1910.1001, paragraph (l)(7)(i)(B), line 4 is corrected by removing

the word ``and''.

95. On page 41063, in the third column below Table 2, in

Sec. 1910.1001, paragraph (l)(7)(i)(C), line 6 is corrected by removing

the period and by adding ``; and'' after the word ``treatment''.

96-97. On page 41064, in the second column, in Sec. 1910.1001,

paragraph (m)(5)(iii), line 3, the number ``(2)'' is corrected to read

``(3)''.

98. On page 41064, in the third column, in Sec. 1910.1001,

paragraph (p)(2), line 1 is corrected by removing the letter ``F,''.

Appendix B to Sec. 1910.1001 [Corrected]

99. On page 41065, in the first and second columns, in

Sec. 1910.1001, in Appendix B, the table is corrected so that the word

``Air'' is removed from between the double lines both places it appears

and added following the word ``Matrix''.

100. On page 41065, in the second column, in Sec. 1910.1001, in

Appendix B, under the heading entitled ``1. Introduction,'' in the

definition of ``Asbestos,'' the chemical formula for Crocidolite is

corrected to read

``Na2Fe32+Fe23+Si8O22(OH)2''.

101. On page 41065, in the third column, in Sec. 1910.1001, in

Appendix B, in the definition of ``Walton-Beckett Graticule,'' line 4,

the ``#'' sign is corrected to read `` ''.

102. On page 41065, in the third column, in Sec. 1910.1001, in

Appendix B, in the definition of ``Walton-Beckett Graticule,'' line 11,

the number ``2'' is corrected to read ``1''.

103. On page 41065, in the third column, in Sec. 1910.1001, in

Appendix B, in the paragraph under the heading entitled ``1.2

Principle,'' line 6 is corrected by removing the word ``a''.

104. On page 41066, in the second column, in Sec. 1910.1001, in

Appendix B, under the heading entitled ``4. Interferences,'' in the

second paragraph, the list of common fibers is corrected to read:

* * * * *

4. Interferences

* * * * *

fiberglass

anhydrite

plant fibers

perlite veins

gypsum

some synthetic fibers

membrane structures

sponge spicules

diatoms

microorganisms

wollastonite

* * * * *

105. On page 41066, in the second column, in Sec. 1910.1001, in

Appendix B, under the heading entitled ``5.1.1 Sampling assembly,'' in

the first paragraph, line 8, the number ``0.8-'' is corrected to read

``0.4''.

106. On page 41066, in the second column, in Sec. 1910.1001, in

Appendix B, under the heading entitled ``5.1.1

[[Page 33987]]

Sampling assembly,'' a new note (e) is added to read:

* * * * *

5.1.1 * * *

Notes: * * *

(e) Other cassettes, such as the Bell-mouth, may be used within

the limits of their validation.

* * * * *

107. On page 41066, in Sec. 1910.1001, in Appendix B, under the

heading entitled ``5.1.3 Sampling pump,'' lines 3 and 4 of the third

column, the words ``2.5 liters per minute (L/min)'' are corrected to

read ``the collection rate''.

108. On page 41066, in the third column, in Sec. 1910.1001, in

Appendix B, in the paragraph entitled ``5.2.1,'' line 2 is corrected by

removing the words ``(see Figure 3)''.

109. On page 41066, in the third column, in Sec. 1910.1001, in

Appendix B, under the heading entitled ``5.2.5,'' lines 8 and 9 of the

``Note'' are corrected to read ``pressure changes, correct the flow

rate using the formula shown in the section ``Sampling Pump Flow Rate

Corrections'' at the end of this appendix.''.

110. On page 41067, in the first column, in Sec. 1910.1001, in

Appendix B, the paragraph entitled ``5.2.11'' is corrected to read:

* * * * *

5. * * *

5.2 * * *

5.2.11 Attach and secure a sample seal around each sample

cassette in such a way as to assure that the end cap and base plugs

cannot be removed without destroying the seal. Tape the ends of the

seal together since the seal is not long enough to be wrapped end-

to-end. Also wrap tape around the cassette at each joint to keep the

seal secure.

* * * * *

111. On page 41067, in the first column, in Sec. 1910.1001, in

Appendix B, in the paragraph entitled ``5.3.2,'' the last line, the

words ``without rattling'' are corrected to read ``in such a manner

that they will not rattle''.

112. On page 41067, in the second column, in Sec. 1910.1001, in

Appendix B, under the heading entitled ``6.5 Sample Mounting,'' the

paragraph following the Note is corrected by removing the sentence, ``A

drawing is shown in Figure 4.''.

113. On page 41068, in the first column, in Sec. 1910.1001, in

Appendix B, under the heading entitled ``6.6.2 Counting Fibers,''

paragraph (9), the last line, the number ``2'' is corrected to read

``1''.

114. On page 41068, in the third column, in Sec. 1910.1001, in

Appendix B, under the heading entitled ``7.3. Recount Calculations,''

the formula in the third paragraph is corrected to read:

* * * * *

7.3 Recount Calculations

* * * * *

[GRAPHIC][TIFF OMITTED]TR29JN95.000

* * * * *

115. On page 41069, in the second column, in Sec. 1910.1001, in

Appendix B, under the heading entitled ``Quality Control,'' in the

first paragraph, lines 6 and 7 are corrected by removing the words

``for the CV curve shown below''.

116. On page 41069, in the third column, in Sec. 1910.1001, in

Appendix B, under the heading entitled ``Walton-Beckett Graticule,''

paragraph (7), line 12 is corrected to read ``Field Area = (D/

2)2''.

Appendix F to Sec. 1910.1001 [Corrected]

117. On page 41070, in the first column, in Sec. 1910.1001, in

Appendix F, in the introductory paragraph, line 7 is corrected by

adding the words ``by trained employees'' after the word ``practices''.

118. On page 41070, in the third column, in Sec. 1910.1001, in

Appendix F, under the heading entitled ``[A] Negative Pressure

Enclosure/HEPA Vacuum System Method,'' paragraph (6), line 5, the words

``paragraph (j)(2)(ii)'' are corrected to read ``paragraph (j)(4)''.

119. On page 41070, in the third column, in Sec. 1910.1001, in

Appendix F, under the heading entitled ``[A] Negative Pressure

Enclosure/HEPA Vacuum System Method,'' paragraph (7), line 5, the word

``the'' is corrected to read ``this''.

120. On page 41071, in the first column, in Sec. 1910.1001, in

Appendix F, under the heading entitled ``[B] Low Pressure/Wet Cleaning

Method,'' paragraph (6), line 5, the words ``paragraph (j)(2)(ii)'' are

corrected to read ``paragraph (j)(4)''.

121. On page 41071, in the first column, in Sec. 1910.1001, in

Appendix F, under the heading entitled ``[C] Equivalent Methods,'' line

12, the number ``0.004'' is corrected to read ``0.016''.

122. On page 41071, in the first column, in Sec. 1910.1001, in

Appendix F, under the heading entitled ``[D] Wet Method,'' paragraph

(2), line 3, the words ``paragraph (j)(2)(ii) of the standard'' are

corrected to read ``paragraph (j)(4) of this section''.

123. On page 41071, in the first column, in Sec. 1910.1001, in

Appendix F, under the heading entitled ``[D] Wet Method,'' paragraph

(2), lines 4 and 5, the words ``the standard'' are corrected to read

``this section''.

124. On page 41071, in the first column, in Sec. 1910.1001, in

Appendix F, under the heading entitled ``[D] Wet Method,'' paragraph

(3), line 4, the words ``the standard'' are corrected to read ``this

section''.

Appendix G to Sec. 1910.1001 [Corrected]

125. On page 41071, in the second column, in Sec. 1910.1001, in

Appendix G, paragraph III.B., line 3, the word ``to'' is corrected to

read ``the''.

Appendix J to Sec. 1910.1001 [Corrected]

126. On page 41071, in the second column, in Sec. 1910.1001, in

Appendix J, line 3 of the title is corrected by removing a closed

parenthesis after the word ``Non-Mandatory''.

127. On page 41073, in the second column, in Sec. 1910.1001, in

Appendix J, under the heading entitled ``1.8 Toxicology,'' the last

line in the paragraph is corrected by adding the words ``and 29 CFR

1915.1001'' after the number ``1926.1101''.

128. On page 41073, in the third column, in Sec. 1910.1001, in

Appendix J, under the heading entitled ``2.4 Shipment,'' paragraph (a),

line 2 is corrected by removing the words ``(such as the OSHA 21)''.

129. On page 41078, in the first column, in Sec. 1910.1001, in

Appendix J, the heading entitled ``Auxiliary Information'' is correctly

designated as ``4. Auxiliary Information''.

130. On page 41078, in the second column, in Sec. 1910.1001, in

Appendix J, the paragraph under the heading entitled ``4.3 Polarized

Light Technique,'' beginning on line 10, is corrected by removing the

sentence, ``A compensator is a piece of mineral with known properties

that ``compensates'' for some deficiency in the optical train.''.

Sec. 1915.1001 [Corrected]

131. On page 41080, in the first column, in Sec. 1915.1001, the

Authority citation, line 7, the word ``(41 FR 35736)'' is corrected to

read ``(41 FR 25059), 9-83 (48 FR 35736),''.

132. On page 41080, in the second column, in Sec. 1915.1001,

paragraph (b), the definition of ``Building/facility owner'' is

corrected to read:

* * * * *

(b) * * *

Building/facility/vessel owner is the legal entity, including a

lessee, which exercises control over management and record keeping

functions relating to a building, facility, and/or vessel in

[[Page 33988]]

which activities covered by this standard take place.

* * * * *

133. On page 41080, in the second column, in Sec. 1915.1001,

paragraph (b), the definition of ``Certified Industrial Hygienist,''

line 3 is corrected by removing the word ``comprehensive''.

134. On page 41080, in the third column, in Sec. 1915.1001,

paragraph (b), the definition of ``Class IV asbestos work'' is

corrected to read:

* * * * *

(b) * * *

Class IV asbestos work means maintenance and custodial activities

during which employees contact but do not disturb ACM or PACM and

activities to clean up dust, waste and debris resulting from Class I,

II, and III activities.

* * * * *

135. On page 41080, in the third column, in Sec. 1915.1001,

paragraph (b), the definition of ``Disturbance,'' the first sentence is

corrected to read:

* * * * *

(b)* * *

Disturbance means activities that disrupt the matrix of ACM or

PACM, crumble or pulverize ACM or PACM, or generate visible debris from

ACM or PACM.* * *

* * * * *

136. On page 41081, in the first column, in Sec. 1915.1001,

paragraph (b), the definition of ``Glovebag,'' line 1, the word ``an''

is corrected to read ``not more than a 60 x 60 inch''.

137. On page 41081, in the first column, in Sec. 1915.1001,

paragraph (b), the definition of ``Intact,'' line 3, the word ``it'' is

corrected to read ``the asbestos''.

138. On page 41081, in the first column, in Sec. 1915.1001,

paragraph (b), the definition of ``Modification,'' line 2, the words

``paragraph (g)(6)(2)'' are corrected to read ``paragraph (g)(6)(ii) of

this section''.

139. On page 41081, in the first column, in Sec. 1915.1001,

paragraph (b), the definition of ``Modification,'' line 12 is corrected

by removing the number ``(ii)''.

140. On page 41081, in the first column, in Sec. 1915.1001,

paragraph (b), the definition of ``Negative Initial Exposure

Assessment,'' line 4, the words ``paragraph (f)(iii)'' are corrected to

read ``paragraph (f)(2)(iii)''.

141. On page 41081, in the first column, in Sec. 1915.1001,

paragraph (b), the definition of ``Presumed Asbestos Containing

Material,'' line 7, the number ``(4)'' is corrected to read ``(5)''.

142. On page 41081, in the first column, in Sec. 1915.1001,

paragraph (b), the definition of ``Qualified person'' is corrected to

read:

* * * * *

(b) * * *

Qualified person means, in addition to the definition in 29 CFR

1926.32(f), one who is capable of identifying existing asbestos hazards

in the workplace and selecting the appropriate control strategy for

asbestos exposure, who has the authority to take prompt corrective

measures to eliminate them, as specified in 29 CFR 1926.32(f); in

addition, for Class I and Class II work who is specially trained in a

training course which meets the criteria of EPA's Model Accreditation

Plan (40 CFR part 763) for supervisor, or its equivalent, and for Class

III and Class IV work, who is trained in a manner consistent with EPA

requirements for training of local education agency maintenance and

custodial staff as set forth at 40 CFR 763.92(a)(2).

* * * * *

143. On page 41081, in the second column, in Sec. 1915.1001,

paragraph (b), the definition of ``Regulated area,'' line 12 is

corrected by removing the number ``(6)''.

144. On page 41081, in the second column, in Sec. 1915.1001,

paragraph (c)(1), line 8, the word ``of'' is corrected to read ``to''.

145. On page 41081, in Sec. 1915.1001, paragraph (c)(2), line 5 of

the third column, the word ``of'' is corrected to read ``to''.

146. On page 41081, in the third column, in Sec. 1915.1001,

paragraph (d)(3), line 13 is corrected by removing the number ``(1)''.

147. On page 41082, in the first column, in Sec. 1915.1001,

paragraph (e)(2), line 6 is corrected by removing the words

``concentrations of''.

148. On page 41082, in the first column, in Sec. 1915.1001,

paragraph (e)(2), line 12, the number ``(6)'' is corrected to read

``(7)''.

149. On page 41082, in the first column, in Sec. 1915.1001,

paragraph (e)(4), line 3, the number ``(2)'' is corrected to read

``(1)''.

150. On page 41082, in the first column, in Sec. 1915.1001,

paragraph (f)(1)(i), line 2, the word ``of'' is corrected to read

``or''.

151-154. On page 41082, in the second column, in Sec. 1915.1001,

paragraph (f)(2)(ii) is corrected to read:

* * * * *

(f) * * *

(2) * * *

(ii) Basis of Initial Exposure Assessment: Unless a negative

exposure assessment has been made pursuant to paragraph (f)(2)(iii) of

this section, the initial exposure assessment shall, if feasible, be

based on monitoring conducted pursuant to paragraph (f)(1)(iii) of this

section. The assessment shall take into consideration both the

monitoring results and all observations, information or calculations

which indicate employee exposure to asbestos, including any previous

monitoring conducted in the workplace, or of the operations of the

employer which indicate the levels of airborne asbestos likely to be

encountered on the job. For Class I asbestos work, until the employer

conducts exposure monitoring and documents that employees on that job

will not be exposed in excess of the PELs, or otherwise makes a

negative exposure assessment pursuant to paragraph (f)(2)(iii) of this

section, the employer shall presume that employees are exposed in

excess of the TWA and excursion limit.

(iii) * * *

* * * * *

155. On page 41082, in the third column, in Sec. 1915.1001,

paragraph (f)(3)(iii), line 4 is corrected to read, ``operated in the

pressure demand mode, or other positive pressure mode respirator,''.

156. On page 41082, in the third column, in Sec. 1915.1001,

paragraph (f)(4), line 1 is corrected to read, ``(4) Termination of

monitoring. (i) If''.

157. On page 41083, in Sec. 1915.1001, paragraph (f)(4)(i), line 3

of the first column, the word ``measurement'' is corrected to read

``measurements''.

158. On page 41083, in the first column, in Sec. 1915.1001,

paragraph (f)(5) is redesignated as paragraph (f)(6) and a new

paragraph (f)(5) is added to read:

* * * * *

(f) * * *

(5) Employee notification of monitoring results. (i) The employer

shall notify affected employees of the monitoring results that

represent that employee's exposure as soon as possible following

receipt of monitoring results.

(ii) The employer shall notify affected employees of the results of

monitoring representing the employee's exposure in writing either

individually or by posting at a centrally located place that is

accessible to affected employees.

* * * * *

159. On page 41083, in the first column, in Sec. 1915.1001,

paragraph (g)(1)(i) is corrected to read:

* * * * *

(g) * * *

(1) * * *

(i) Vacuum cleaners equipped with HEPA filters to collect all

debris and dust containing ACM and PACM, except

[[Page 33989]]

as provided in paragraph (g)(8)(ii) of this section in the case of

roofing material;

* * * * *

160. On page 41083, in the first column, in Sec. 1915.1001,

paragraph (g)(1)(ii), lines 9 and 10, the words ``slipping hazards;''

are corrected to read ``except as provided in paragraph (g)(8)(ii) of

this section;''.

161. On page 41083, in the first column, in Sec. 1915.1001,

paragraph (g)(1)(iii), line 3 is corrected by adding the words ``except

in roofing operations, where the procedures specified in paragraph

(g)(8)(ii) of this section apply'' after the word ``containers''.

162. On page 41083, in the third column, in Sec. 1915.1001,

paragraph (g)(4)(ii)(A) is corrected to read:

* * * * *

(g) * * *

(4) * * *

(ii) * * *

(A) Critical barriers shall be placed over all the openings to the

regulated area, except where activities are performed outdoors; or

* * * * *

163. On page 41083, in the third column, in Sec. 1915.1001,

paragraph (g)(4)(ii)(B), line 13 is corrected by adding the words

``Phase Contrast Microscopy'' before the word ``(PCM)''.

164. On page 41083, in the third column, in Sec. 1915.1001,

paragraph (g)(4)(ii)(B) is corrected by adding the following sentence

to the end of the paragraph, ``Exception: For work completed outdoors

where employees are not working in areas adjacent to the regulated

areas, this paragraph (g)(4)(ii) is satisfied when the specific control

methods in paragraph (g)(5) of this section are used.''.

165. On page 41083, in the third column, in Sec. 1915.1001,

paragraph (g)(5)(i) introductory text, line 2, the word ``shall'' is

corrected to read ``may''.

166. On page 41084, in the first column, in Sec. 1915.1001,

paragraph (g)(5)(i)(B)(1), line 3 is corrected by adding the word

``be'' after the word ``shall''.

167. On page 41084, in the first column, in Sec. 1915.1001,

paragraph (g)(5)(ii) introductory text is corrected to read:

* * * * *

(g) * * *

(5) * * *

(ii) Glove bag systems may be used to remove PACM and/or ACM from

straight runs of piping and elbows and other connections with the

following specifications and work practices:

* * * * *

168. On page 41084, in the first column, in Sec. 1915.1001,

paragraph (g)(5)(ii)(A)(2) is corrected to read:

* * * * *

(g) * * *

(5) * * *

(ii) * * *

(A) * * *

(2) Glovebags used on elbows and other connections must be designed

for that purpose and used without modifications.

* * * * *

169. On page 41084, in the first column, in Sec. 1915.1001,

paragraph (g)(5)(ii)(B)(4), line 3, the number ``150 deg.'' is

corrected to read ``150 deg.F''.

170. On page 41084, in the first column, in Sec. 1915.1001,

paragraph (g)(5)(ii)(B)(9), line 2, the word ``removals'' is corrected

to read ``removal operations''.

171. On page 41084, in the second column, in Sec. 1915.1001,

paragraph (g)(5)(iii) introductory text, line 3, the word ``shall'' is

corrected to read ``may''.

172. On page 41084, in the second column, in Sec. 1915.1001,

paragraph (g)(5)(iii)(A), line 2, the word ``bags'' is corrected to

read ``bag''.

173. On page 41084, in the second column, in Sec. 1915.1001,

paragraph (g)(5)(iii)(B)(1), line 3, the number ``(2)'' is corrected to

read ``(4)''.

174. On page 41084, in the second column, in Sec. 1915.1001,

paragraph (g)(5)(iii)(B)(2), line 4 is corrected by adding the words

``until it is completed at which time the bag shall be collapsed prior

to removal of the bag from the pipe'' after the word ``operation''.

175. On page 41084, in the second column, in Sec. 1915.1001,

paragraph (g)(5)(iv) introductory text, line 3, the word ``shall'' is

corrected to read ``may''.

176. On page 41084, in the second column, in Sec. 1915.1001,

paragraph (g)(5)(iv)(A)(2), line 2 is corrected by adding the word

``the'' after the word ``in''.

177. On page 41084, in the second column, in Sec. 1915.1001,

paragraph (g)(5)(iv)(B)(2) is corrected to read:

* * * * *

(g) * * *

(5) * * *

(iv) * * *

(B) * * *

(2) The box shall be smoke-tested for leaks and any leaks sealed

prior to each use.

* * * * *

178. On page 41084, in the third column, in Sec. 1915.1001,

paragraph (g)(5)(vi)(C) is correctly designated as paragraph

(g)(5)(vi)(B).

179. On page 41084, in the third column, newly designated paragraph

(g)(5)(vi)(B)(1) is corrected to read:

* * * * *

(g) * * *

(5) * * *

(vi) * * *

(B) * * *

(1) Before use, the mini-enclosure shall be inspected for leaks and

smoke-tested to detect breaches, and any breaches sealed.

* * * * *

180. On page 41084, in the third column, in Sec. 1915.1001, newly

designated paragraph (g)(5)(vi)(B)(3), line 1 is corrected by adding a

comma after the word ``use''.

181-182. On page 41084, in the third column, in Sec. 1915.1001,

newly designated paragraph (g)(5)(vi)(B)(3), line 4, the word

``minienclosure'' is corrected to read ``mini-enclosure''.

183. On page 41085, in the first column, in Sec. 1915.1001,

paragraph (g)(6)(ii) introductory text, line 20, the words

``(g)(4)(i)(B)(2)'' are corrected to read ``(g)(4)(ii)(B)''.

184. On page 41085, in the first column, in Sec. 1915.1001,

paragraph (g)(6)(iii), line 6 is corrected by adding the words ``of

this section'' after the words ``paragraph (g)(6)''.

185. On page 41085, in the first column, in Sec. 1915.1001,

paragraph (g)(6)(iii), line 10, the word ``Supportm'' is corrected to

read ``Support''.

186. On page 41085, in the first column, in Sec. 1915.1001,

paragraph (g)(6)(iii) is corrected by adding a sentence to the end of

the paragraph to read, ``The submission shall not constitute approval

by OSHA.''.

187. On page 41085, in the first column, in Sec. 1915.1001,

paragraph (g)(7)(i), line 1 is corrected by removing the comma after

the word ``work''.

188. On page 41085, in the first column, in Sec. 1915.1001,

paragraph (g)(7)(ii) introductory text, line 4, the number ``(4)'' is

corrected to read ``(2)''.

189. On page 41085, in the first column, in Sec. 1915.1001,

paragraph (g)(7)(ii) introductory text, line 5 is corrected by adding a

comma after the word ``job''.

190. On page 41085, in the second column, in Sec. 1915.1001,

paragraph (g)(7)(ii)(B), line 8, the words ``(g)(4)(i)(B)(2)'' are

corrected to read ``(g)(4)(ii)(B)''.

191. On page 41085, in the second column, in Sec. 1915.1001,

paragraph (g)(7)(iv), line 4, the words ``(g)(3)(i) through (v)'' are

corrected to read ``(g)(1)(i) through (g)(1)(iii)''.

192. On page 41085, in the second column, in Sec. 1915.1001,

paragraph

[[Page 33990]]

(g)(8)(i) introductory text, line 11, the number ``(8)'' is corrected

to read ``(9)''.

193. On page 41085, in the second column, in Sec. 1915.1001,

paragraph (g)(8)(i)(F), line 4, the number ``(iv)'' is corrected to

read ``(i)''.

194. On page 41085, in the third column, in Sec. 1915.1001,

paragraph (g)(8)(ii)(B) is corrected to read:

* * * * *

(g) * * *

(8) * * *

(ii) * * *

(B) Wet methods shall be used to remove roofing materials that are

not intact, or that will be rendered not intact during removal, unless

such wet methods are not feasible or will create safety hazards.

* * * * *

195. On page 41085, in the third column, in Sec. 1915.1001,

paragraph (g)(8)(ii)(D) is corrected to read:

* * * * *

(g) * * *

(8) * * *

(ii) * * *

(D) When removing built-up roofs with asbestos-containing roofing

felts and an aggregate surface using a power roof cutter, all dust

resulting from the cutting operation shall be collected by a HEPA dust

collector, or shall be HEPA vacuumed by vacuuming along the cut line.

When removing built-up roofs with asbestos-containing roofing felts and

a smooth surface using a power roof cutter, the dust resulting from the

cutting operation shall be collected either by a HEPA dust collector or

HEPA vacuuming along the cut line, or by gently sweeping and then

carefully and completely wiping up the still-wet dust and debris left

along the cut line. The dust and debris shall be immediately bagged or

placed in covered containers.

* * * * *

196. On page 41085, in the third column, in Sec. 1915.1001,

paragraph (g)(8)(ii)(E) is corrected to read:

* * * * *

(g) * * *

(8) * * *

(ii) * * *

(E) Asbestos-containing material that has been removed from a roof

shall not be dropped or thrown to the ground. Unless the material is

carried or passed to the ground by hand, it shall be lowered to the

ground via covered, dust-tight chute, crane or hoist:

(1) Any ACM that is not intact shall be lowered to the ground as

soon as is practicable, but in any event no later than the end of the

work shift. While the material remains on the roof it shall either be

kept wet, placed in an impermeable waste bag, or wrapped in plastic

sheeting.

(2) Intact ACM shall be lowered to the ground as soon as is

practicable, but in any event no later than the end of the work shift.

* * * * *

197. On page 41085, in the third column, in Sec. 1915.1001, a new

paragraph (g)(8)(ii)(H) is added to read:

* * * * *

(g) * * *

(8) * * *

(ii) * * *

(H) Notwithstanding any other provision of this section, removal or

repair of sections of intact roofing less than 25 square feet in area

does not require use of wet methods or HEPA vacuuming as long as manual

methods which do not render the material non-intact are used to remove

the material and no visible dust is created by the removal method used.

In determining whether a job involves less than 25 square feet, the

employer shall include all removal and repair work performed on the

same roof on the same day.

* * * * *

198. On page 41085, in the third column, in Sec. 1915.1001,

paragraph (g)(8)(iii) introductory text is corrected to read:

* * * * *

(g) * * *

(8) * * *

(iii) When removing cementitious asbestos-containing siding and

shingles or transite panels containing ACM on building exteriors (other

than roofs, where paragraph (g)(8)(ii) of this section applies) the

employer shall ensure that the following work practices are followed:

* * * * *

199. On page 41086, in the first column, in Sec. 1915.1001,

paragraph (g)(8)(v)(A), line 2 is corrected by adding the word ``to''

after the word ``prior''.

200. On page 41086, in the second column, in Sec. 1915.1001,

paragraph (g)(9)(iii), line 9 is corrected by adding the words ``or

another isolation method'' after the word ``section''.

201. On page 41086, in the second column, in Sec. 1915.1001,

paragraph (g)(9)(iv), line 4, the number ``(4)'' is corrected to read

``(2)''.

202. On page 41086, in the second column, in Sec. 1915.1001,

paragraph (g)(9)(v), line 7, the words ``paragraph (e)(4)(iii)'' are

corrected to read ``paragraph (f)(2)(iii)''.

203. On page 41086, in the second column, in Sec. 1915.1001,

paragraph (g)(10) introductory text, line 5, the number ``(8)'' is

corrected to read ``(9)''.

204. On page 41086, in the third column, in Sec. 1915.1001,

paragraph (g)(11)(ii), line 19 is corrected by adding the words ``to

this section'' after the words ``Appendix L''.

205. On page 41086, in the third column, in Sec. 1915.1001, a new

paragraph (g)(12) is added to read:

* * * * *

(g) * * *

(12) Alternative methods of compliance for installation, removal,

repair, and maintenance of certain roofing materials. Notwithstanding

any other provision of this section, an employer who complies with all

provisions of this paragraph (g)(12) when installing, removing,

repairing, or maintaining intact roof cements, mastics, coatings, or

flashings which contain asbestos fibers encapsulated or coated by

bituminous or resinous compounds shall be deemed to be in compliance

with this section. If an employer does not comply with all provisions

of this paragraph (g)(12), or if during the course of the job the

material does not remain intact, the provisions of paragraph (g)(8) of

this section apply instead of this paragraph (g)(12).

(i) Before work begins and as needed during the job, a qualified

person who is capable of identifying asbestos hazards in the workplace

and selecting the appropriate control strategy for asbestos exposure,

and who has the authority to take prompt corrective measures to

eliminate such hazards, shall conduct an inspection of the worksite and

determine that the roofing material is intact and will likely remain

intact.

(ii) All employees performing work covered by this paragraph

(g)(12) shall be trained in a training program that meets the

requirements of paragraph (k)(9)(viii) of this section.

(iii) The material shall not be sanded, abraded, or ground. Manual

methods which do not render the material non-intact shall be used.

(iv) Material that has been removed from a roof shall not be

dropped or thrown to the ground. Unless the material is carried or

passed to the ground by hand, it shall be lowered to the ground via

covered, dust-tight chute, crane or hoist. All such material shall be

removed from the roof as soon as is practicable, but in any event no

later than the end of the work shift.

(v) Where roofing products which have been labeled as containing

asbestos pursuant to paragraph (k)(8) of this section are installed on

non-residential roofs during operations covered by this paragraph

(g)(12), the employer shall notify the building owner of the

[[Page 33991]]

presence and location of such materials no later than the end of the

job.

* * * * *

206. On page 41086, in the third column, in Sec. 1915.1001,

paragraph (h)(1)(iii) is corrected to read:

* * * * *

(h) * * *

(1) * * *

(iii) During all Class II and III work which is not performed using

wet methods, provided, however, that respirators need not be worn

during removal of ACM from sloped roofs when a negative exposure

assessment has been made and the ACM is removed in an intact state.

* * * * *

207. On page 41087, in the first column above Table 1, in

Sec. 1915.1001, paragraph (h)(2)(i), line 5 is corrected by adding the

words ``or in paragraph (h)(2)(iii) of this section,'' after the word

``Table 1,''.

208. On page 41087, in the third column above Table 1, in

Sec. 1915.1001, paragraph (h)(2)(iii)(A) is corrected to read:

* * * * *

(h) * * *

(2) * * *

(iii) * * *

(A) An employee chooses to use this type of respirator; and

* * * * *

209. On page 41087, in Sec. 1915.1001, paragraph (h)(2), in Table

1, lines 1 through 3 under the heading ``Airborne concentration of

asbestos or conditions of use'' are corrected to read ``Not in excess

of 1 f/cc (10 X PEL), or otherwise as required independent of exposure

pursuant to paragraph (h)(2)(iv) of this section.''.

210. On page 41087, in the first column below Table 1, in

Sec. 1915.1001, paragraph (h)(2)(v), line 5, the word ``auxiliar76y''

is corrected to read ``auxiliary''.

211. On page 41087, in the second column below Table 1, in

Sec. 1915.1001, paragraph (h)(3)(iv), line 10, the word ``employee'' is

corrected to read ``employees''.

212. On page 41087, in the second column below Table 1, in

Sec. 1915.1001, paragraph (h)(3)(iv), line 12 is corrected by adding a

comma after the word ``position''.

213. On page 41087, in Sec. 1915.1001, paragraph (h)(4)(ii), line 2

of the third column below Table 1, the word ``of'' is corrected to read

``to''.

214. On page 41087, in Sec. 1915.1001, paragraph (h)(4)(ii), line 6

of the third column below Table 1, the number ``(iii)'' is corrected to

read ``(i)''.

215. On page 41087, in the third column below Table 1, in

Sec. 1915.1001, paragraph (i)(1), line 12, the word ``and'' is

corrected to read ``or''.

216. On page 41088, in the first column, in Sec. 1915.1001,

paragraph (j)(1) introductory text, line 3 is corrected by adding the

words ``involving over 25 linear or 10 square feet of TSI or surfacing

ACM and PACM'' after the word ``jobs''.

217. On page 41088, in Sec. 1915.1001, paragraph (j)(1)(i)(C), line

9 of the second column is corrected by removing the word ``Such'' and

adding the words ``Following showering, such'' in its place.

218. On page 41088, in the third column, in Sec. 1915.1001,

paragraph (j)(2)(iii), line 1, the word ``Workclothing'' is corrected

to read ``Work clothing''.

219. On page 41088, in the third column, in Sec. 1915.1001,

paragraph (k), line 2, the word ``Note:'' is removed and the text is

correctly designated as paragraph (k)(1).

220. On page 41088, in the third column, in Sec. 1915.1001, newly

designated paragraph (k)(1), lines 15 and 16, the words ``are required

to treat'' are corrected to read ``shall identify''.

221. On page 41088, in the third column, in Sec. 1915.1001, newly

designated paragraph (k)(1), line 19, the number ``(4)'' is corrected

to read ``(5)''.

222. On page 41088, in the third column, in Sec. 1915.1001, newly

designated paragraph (k)(1), line 25, the words ``paragraph (g), of

this section'' are corrected to read ``paragraph (g)(8)(i)(I) of this

section,''.

223. On page 41089, 8 lines from the top of the first column, in

Sec. 1915.1001, paragraph (k)(1) is redesignated as paragraph (k)(2).

224. On page 41089, in the first column, in Sec. 1915.1001, newly

redesignated paragraph (k)(2)(i) is corrected to read:

* * * * *

(k) * * *

(2) * * *

(i) Before work subject to this standard is begun, building/vessel

and facility owners shall determine the presence, location, and

quantity of ACM and/or PACM at the work site pursuant to paragraph

(k)(1) of this section.

* * * * *

225. On page 41089, 23 lines from the bottom of the first column,

in Sec. 1915.1001, paragraph (k)(2) is redesignated as paragraph

(k)(3).

226. On page 41089, in the first column, in Sec. 1915.1001, newly

redesignated paragraph (k)(3)(i), line 5 is corrected by adding the

words ``pursuant to paragraph (k)(1) of this section'' after the word

``therein''.

227. On page 41089, 15 lines from the top of the second column, in

Sec. 1915.1001, paragraph (k)(3) is redesignated as paragraph (k)(4).

228. On page 41089, 25 lines from the top of the second column, in

Sec. 1915.1001, paragraph (k)(4) is redesignated as paragraph (k)(5).

229. On page 41089, in the second column, in Sec. 1915.1001, newly

redesignated paragraph (k)(5)(i), line 11, the number ``(4)'' is

corrected to read ``(5)''.

230. On page 41089, in the second column, in Sec. 1915.1001, newly

redesignated paragraph (k)(5)(ii) introductory text, line 3 is

corrected by adding the words ``more than 1%'' after the word

``contain''.

231. On page 41089, in the second column, in Sec. 1915.1001, newly

redesignated paragraph (k)(5)(ii)(A), line 5 is corrected by adding the

word ``or'' after the word ``ACM;''.

232. On page 41089, in the second column, in Sec. 1915.1001, newly

redesignated paragraph (k)(5)(ii)(B), line 3, the word ``asbestos'' is

corrected to read ``ACM''.

233. On page 41089, in the second column, in Sec. 1915.1001, newly

redesignated paragraph (k)(5)(ii)(B), lines 5 through 7 are corrected

to read, ``analysis of bulk samples collected in the manner described

in 40 CFR 763.86. The''.

234. On page 41089, in the second column, in Sec. 1915.1001, newly

redesignated paragraph (k)(5)(ii)(B), line 17, the word ``of'' is

corrected to read ``or''.

235. On page 41089, in the second column, in Sec. 1915.1001, newly

redesignated paragraph (k)(5)(ii)(B), line 19, the word ``of'' is

corrected to read ``or''.

236. On page 41089, in the third column, in Sec. 1915.1001, a new

paragraph (k)(5)(iii) is added to read:

* * * * *

(k) * * *

(5) * * *

(iii) The employer and/or building/vessel owner may demonstrate

that flooring material including associated mastic and backing does not

contain asbestos, by a determination of an industrial hygienist based

upon recognized analytical techniques showing that the material is not

ACM.

* * * * *

237. On page 41089, 5 lines from the top of the third column, in

Sec. 1915.1001, paragraph (k)(5) is redesignated as paragraph (k)(6).

238. On page 41089, in the third column, in Sec. 1915.1001, newly

redesignated paragraph (k)(6), lines 4

[[Page 33992]]

and 5, the words ``TSI or surfacing ACM and PACM'' are corrected to

read ``ACM and/or PACM''.

239. On page 41089, 15 lines from the top of the third column, in

Sec. 1915.1001, paragraph (k)(6) is redesignated as paragraph (k)(7).

240. On page 41089, in the third column, in Sec. 1915.1001, newly

redesignated paragraph (k)(7)(ii) is corrected to read:

* * * * *

(k) * * *

(7) * * *

(ii)(A) The warning signs required by paragraph (k)(7) of this

section shall bear the following information:

DANGER

ASBESTOS

CANCER AND LUNG DISEASE HAZARD

AUTHORIZED PERSONNEL ONLY

(B) In addition, where the use of respirators and protective

clothing is required in the regulated area under this section, the

warning signs shall include the following:

RESPIRATORS AND PROTECTIVE CLOTHING ARE REQUIRED IN THIS AREA

* * * * *

241. On page 41089, in the third column, in Sec. 1915.1001, a new

paragraph (k)(7)(iii) is added to read:

* * * * *

(k) * * *

(7) * * *

(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)(7)(i) of this section. Means to ensure

employee comprehension may include the use of foreign languages,

pictographs and graphics.

* * * * *

242. On page 41089, 32 lines from the bottom of the third column,

in Sec. 1915.1001, paragraph (k)(7) is redesignated as paragraph

(k)(8).

243. On page 41089, in the third column, in Sec. 1915.1001, newly

redesignated paragraph (k)(8)(vi) introductory text, lines 2 and 3, the

words ``paragraphs (k)(2)(i) through (k)(2)(iii)'' are corrected to

read ``paragraphs (k)(8)(i) through (k)(8)(iii)''.

244. On page 41090, in the first column, in Sec. 1915.1001, newly

redesignated paragraph (k)(8)(vi)(B), lines 2 and 3 are corrected by

removing the words ``by weight''.

245. On page 41090, in the first column, in Sec. 1915.1001, newly

redesignated paragraph (k)(8)(vii), line 12, the number ``(5)'' is

corrected to read ``(6)''.

246. On page 41090, in the first column, in Sec. 1915.1001,

paragraph (k)(8) is redesignated as paragraph (k)(9) and is corrected

to read:

* * * * *

(k) * * *

(9) Employee Information and Training. (i) The employer shall, at

no cost to the employee, institute a training program for all employees

who are likely to be exposed in excess of a PEL and for all employees

who perform Class I through IV asbestos operations, and shall ensure

their participation in the program.

(ii) Training shall be provided prior to or at the time of initial

assignment and at least annually thereafter.

(iii) Training for Class I operations shall be the equivalent in

curriculum, training method and length to the EPA Model Accreditation

Plan (MAP) asbestos abatement workers training (40 CFR part 763,

subpart E, appendix C).

(iv) Training for Class II work. For work with asbestos containing

material involving roofing materials, flooring materials, siding

materials, ceiling tiles, or transite panels, training shall include at

a minimum all the elements included in paragraph (k)(9)(viii) of this

section and in addition, the specific work practices and engineering

controls set forth in paragraph (g) of this section which specifically

relate to that category. Such course shall include ``hands-on''

training and shall take at least 8 hours. Exception: For other Class II

operations, training shall be provided which shall include at a minimum

all the elements included in paragraph (k)(9)(viii) of this section and

in addition, the specific work practices and engineering controls set

forth in paragraph (g) of this section which specifically relate to

that category, and shall include ``hands-on'' training.

(v) Training for Class III employees shall be consistent with EPA

requirements for training of local education agency maintenance and

custodial staff as set forth at 40 CFR 763.92(a)(2). Such a course

shall also include ``hands-on'' training and shall take at least 16

hours. Exception: For Class III operations for which the qualified

person determines that the EPA curriculum does not adequately cover the

training needed to perform that activity, training shall include as a

minimum all the elements included in paragraph (k)(9)(viii) of this

section and in addition, the specific work practices and engineering

controls set forth in paragraph (g) of this section which specifically

relate to that activity, and shall include ``hands-on'' training.

(vi) Training for employees performing Class IV operations shall be

consistent with EPA requirements for training of local education agency

maintenance and custodial staff as set forth at 40 CFR 763.92(a)(1).

Such a course shall include available information concerning the

locations of thermal system insulation and surfacing ACM/PACM, and

asbestos-containing flooring material, or flooring material where the

absence of asbestos has not yet been certified; and instruction in

recognition of damage, deterioration, and delamination of asbestos

containing building materials. Such course shall take at least 2 hours.

(vii) Training for employees who are likely to be exposed in excess

of the PEL and who are not otherwise required to be trained under

paragraph (k)(9) (iii) through (vi) of this section, shall meet the

requirements of paragraph (k)(9)(viii) of this section.

(viii) The training program shall be conducted in a manner that the

employee is able to understand. In addition to the content required by

provisions in paragraphs (k)(9) (iii) through (vi) of this section, the

employer shall ensure that each such employee is informed of the

following:

(A) Methods of recognizing asbestos, including the requirement in

paragraph (k)(1) of this section to presume that certain building

materials contain asbestos;

(B) The health effects associated with asbestos exposure;

(C) The relationship between smoking and asbestos in producing lung

cancer;

(D) The nature of operations that could result in exposure to

asbestos, the importance of necessary protective controls to minimize

exposure including, as applicable, engineering controls, work

practices, respirators, housekeeping procedures, hygiene facilities,

protective clothing, decontamination procedures, emergency procedures,

and waste disposal procedures, and any necessary instruction in the use

of these controls and procedures; where Class III and IV work will be

or is performed, the contents of EPA 20T-2003, ``Managing Asbestos In-

Place'' July 1990 or its equivalent in content;

(E) The purpose, proper use, fitting instructions, and limitations

of respirators as required by 29 CFR 1910.134;

(F) The appropriate work practices for performing the asbestos job;

(G) Medical surveillance program requirements;

(H) The content of this standard including appendices;

[[Page 33993]]

(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 this section, to

comply with this requirement; and

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

meaning of the required legends for such signs and labels.

* * * * *

247. On page 41090, 8 lines from the top of the third column,

paragraph (k)(9) is redesignated as paragraph (k)(10).

248. On page 41090, in the third column, in Sec. 1915.1001, newly

redesignated paragraph (k)(10)(i), line 4 is corrected by adding a

comma after the word ``cost''.

249. On page 41090, in the third column, in Sec. 1915.1001, newly

redesignated paragraph (k)(10)(iii), line 10 is corrected by adding the

words ``to this section'' after the words ``Appendix J''.

250. On page 41090, in the third column, in Sec. 1915.1001,

paragraph (1) entitled ``Housekeeping'' is correctly designated as

paragraph (l) entitled ``Housekeeping''.

251. On page 41090, in the third column, in Sec. 1915.1001,

paragraph (l)(2), line 7 is corrected by adding the words ``except in

roofing operations, where the procedures specified in paragraph

(g)(8)(ii) of this section apply'' after the word ``containers''.

252. On page 41090, in the third column, in Sec. 1915.1001,

paragraph (l)(3)(i), line 6, the words ``paragraph (g)'' are corrected

to read ``paragraph (g)(8)(i)(I) of this section''.

253. On page 41090, in the third column, in Sec. 1915.1001, the

three paragraphs following the first paragraph (l)(3)(i) are

redesignated as paragraphs (l)(3)(ii), (l)(3)(iii), and (l)(3)(iv),

respectively.

254. On page 41090, in the third column, in Sec. 1915.1001, in

newly redesignated paragraph (l)(3)(iii), line 3, the word ``speed'' is

corrected to read ``speeds''.

255. On page 41090, in the third column, in Sec. 1915.1001,

paragraph (l)(4) introductory text is corrected to read:

* * * * *

(l) * * *

(4) Waste and debris and accompanying dust in an area containing

accessible thermal system insulation or surfacing ACM/PACM or visibly

deteriorated ACM:

* * * * *

256. On page 41091, in the first column, in Sec. 1915.1001,

paragraph (l)(4)(ii), line 2 is corrected by adding the word ``of''

after the word ``disposed''.

257. On page 41091, in the first column, in Sec. 1915.1001,

paragraph (m)(1)(i), is corrected to read:

* * * * *

(m) * * *

(1) * * *

(i) Employees covered. (A) The employer shall institute a program

for all employees who, for a combined total of 30 or more days per

year, are engaged in Class I, II, or III work or are exposed at or

above the permissible exposure limit for a combined 30 days or more per

year. For purposes of this subparagraph, any day in which a worker

engages in Class II or Class III work or a combination thereof for one

hour or less and, while doing so, adheres fully to the work practices

specified in this standard, shall not be counted.

(B) For employees otherwise required by this standard to wear a

negative pressure respirator, employers shall ensure employees are

physically able to perform the work and use the equipment. This

determination shall be made under the supervision of a physician.

* * * * *

258. On page 41091, in the first column, in Sec. 1915.1001,

paragraph (m)(1)(ii), line 1 is corrected by removing the words ``by a

physician''.

259. On page 41091, in the first column, in Sec. 1915.1001,

paragraph (m)(2)(i)(B) is corrected to read:

* * * * *

(m) * * *

(2) * * *

(i) * * *

(B) When the employee is assigned to an area where exposure to

asbestos may be at or above the permissible exposure limit for 30 or

more days per year, or engage in Class I, II, or III work for a

combined total of 30 or more days per year, a medical examination must

be given within 10 working days following the thirtieth day of

exposure;

* * * * *

260. On page 41091, in the second column, in Sec. 1915.1001,

paragraph (m)(3)(i), line 2 is corrected by removing the letter ``G,''.

261. On page 41091, in the third column, in Sec. 1915.1001,

paragraph (n)(1)(i), line 3, the word ``demonstrate'' is corrected to

read ``demonstrates''.

262. On page 41091, in the third column, in Sec. 1915.1001,

paragraph (n)(1)(i), line 4 is corrected by adding the words ``or the

activity involving such products or material'' after the words

``containing asbestos''.

263. On page 41092, in the first column, in Sec. 1915.1001,

paragraph (n)(4), line 3, the number ``1'' is corrected by enclosing it

in parenthesis to read ``(1)''.

264. On page 41092, in the second column, in Sec. 1915.1001,

paragraph (o)(3) introductory text, lines 5 and 6, the words ``in

paragraph (p)(3)(i) and (ii)'' are corrected to read ``in paragraph

(o)(3)(i)''.

265. On page 41092, in the second column, in Sec. 1915.1001,

paragraph (o)(3) introductory text, lines 9 and 10, the words ``Class

II and III'' are corrected to read ``Class II, III, and IV''.

266. On page 41092, in the second column, in Sec. 1915.1001,

paragraph (o)(3)(i) introductory text, line 4, the words ``paragraph

(g)(1)'' are corrected to read ``paragraph (e)(6)''.

267. On page 41092, in the second column, in Sec. 1915.1001,

paragraph (o)(3)(i)(E), line 3, the words ``protective clothing'' are

corrected to read ``respirators''.

268. On page 41092, in the second column, in Sec. 1915.1001,

paragraph (o)(3)(i)(E), line 4, the word ``respirators'' is corrected

to read ``protective clothing''.

269. On page 41092, in the second column, in Sec. 1915.1001,

paragraph (o)(3)(i)(F), line 2, the words ``set up'' are corrected to

read ``set up, use,''.

270. On page 41092, in the third column, in Sec. 1915.1001,

paragraph (o)(3)(i)(H), line 1, the word ``though'' is corrected to

read ``through''.

271. On page 41092, in the third column, in Sec. 1915.1001,

paragraph (o)(3)(i)(H), line 2 is corrected by adding a comma after the

word ``inspection''.

272. On page 41092, in the third column, in Sec. 1915.1001,

paragraph (o)(3)(i)(I), line 2, the words ``paragraph (f)(6)'' are

corrected to read ``paragraph (k)''.

273. On page 41092, in the third column, in Sec. 1915.1001,

paragraph (o)(4)(i), lines 12 through 16 are corrected to read ``that

meets the criteria of EPA's Model Accredited Plan (40 CFR part 763) or

a course equivalent in stringency, content, and length.''

274-276. On page 41092, in the second column, in Sec. 1915.1001,

paragraph (o)(4)(ii) is corrected to read:

* * * * *

(o) * * *

(4) * * *

(ii) For Class III and IV asbestos work, the qualified person shall

be trained in aspects of asbestos handling appropriate for the nature

of the work, to include procedures for setting up glove bags and mini-

enclosures, practices for reducing asbestos exposures, use of wet

methods,

[[Page 33994]]

the contents of this standard, and the identification of asbestos. Such

training shall include successful completion of a course that is

consistent with EPA requirements for training of local education agency

maintenance and custodial staff as set forth at 40 CFR 763.92(a)(2), or

its equivalent in stringency, content, and length. Qualified persons

for Class III and Class IV work may also be trained pursuant to the

requirements of paragraph (o)(4)(i) of this section.

* * * * *

Appendix A to Sec. 1915.1001 [Corrected]

277. On page 41093, in the first column, the heading for Appendix A

to Sec. 1915.1001 is corrected to read:

Appendix A to Sec. 1915.1001--OSHA Reference Method (Mandatory)''

* * * * *

278. On page 41093, in the first column, in Sec. 1915.1001, in

Appendix A, in the introductory paragraph, lines 3 and 4 are corrected

by removing the words ``tremolite, anthophyllite, and actinolite''.

279. On page 41093, in the first column, in Sec. 1915.1001, in

Appendix A, in the introductory paragraph, line 11, the word ``ID-60''

is corrected to read ``ID-160''.

280. On page 41093, in the first column, in Sec. 1915.1001, in

Appendix A, in the introductory paragraph, line 12, the words ``NIOSH

7400 method'' are corrected to read ``NIOSH Method 7400''.

281. On page 41093, in the first column, in Sec. 1915.1001, in

Appendix A, under the heading entitled ``Sampling and Analytical

Procedure,'' paragraph 1, line 5 is corrected by removing the words

``tremolite, anthophyllite, and actinolite''.

282. On page 41093, in Sec. 1915.1001, in Appendix A, under the

heading entitled ``Sampling and Analytical Procedure,'' paragraph 2,

line 6 of the second column is corrected by adding a sentence ``Other

cassettes such as the Bell-mouth may be used within the limits of their

validation.'' after the word ``record.''.

283. On page 41093, in the second column, in Sec. 1915.1001, in

Appendix A, under the heading entitled ``Sampling and Analytical

Procedure,'' paragraph 3, line 2, the number ``2.5'' is corrected to

read ``5''.

284. On page 41093, in the second column, in Sec. 1915.1001, in

Appendix A, under the heading ``Sampling and Analytical Procedure,''

paragraph 3, line 5, the number ``2.5'' is corrected to read ``5''.

285. On page 41093, in the second to third column, in

Sec. 1915.1001, in Appendix A, under the heading entitled ``Sampling

and Analytical Procedure,'' paragraph 11 is corrected to read:

* * * * *

11. Each set of samples taken will include 10% field blanks or a

minimum of 2 field blanks. These blanks must come from the same lot

as the filters used for sample collection. The field blank results

shall be averaged and subtracted from the analytical results before

reporting. A set consists of any sample or group of samples for

which an evaluation for this standard must be made. Any samples

represented by a field blank having a fiber count in excess of the

detection limit of the method being used shall be rejected.

* * * * *

286. On page 41093, in the third column, in Sec. 1915.1001, in

Appendix A, under the heading entitled ``Sampling and Analytical

Procedure,'' paragraph 13.b. is corrected to read:

* * * * *

13. * * *

b. In the absence of other information, count all particles as

asbestos that have a length-to-width ratio (aspect ratio) of 3 to 1

or greater.

* * * * *

Appendix B to Sec. 1915.1001 [Corrected]

287. On page 41094, in Sec. 1915.1001, in Appendix B, the table is

corrected so that the word ``Air'' is removed from between the double

lines at the beginning and added following the word ``Matrix''.

288. On page 41094, in the first column below the table, in

Sec. 1915.1001, in Appendix B, under the heading entitled ``1.

Introduction,'' in the definition of ``Asbestos,'' the chemical formula

for Crocidolite is corrected to read

``Na2Fe32+Fe23+Si8O22(OH)2''.

289. On page 41094, in the second column below the table, in

Sec. 1915.1001, in Appendix B, in the definition of ``Walton-Beckett

Graticule,'' line 11, the number ``2'' is corrected to read ``1''.

290. On page 41094, in the third column below the table, in

Sec. 1915.1001, in Appendix B, in the paragraph under the heading

entitled ``1.2 Principle,'' line 6 is corrected by removing the word

``a''.

291. On page 41095, in the second column, in Sec. 1915.1001, in

Appendix B, under the heading entitled ``4. Interferences,'' in the

second paragraph, the list of common fibers is corrected to read:

* * * * *

4. Interferences

* * * * *

fiberglass

anhydrite

plant fibers

perlite veins

gypsum

some synthetic fibers

membrane structures

sponge spicules

diatoms

microorganisms

wollastonite

* * * * *

292. On page 41095, in the second column, in Sec. 1915.1001, in

Appendix B, under the heading entitled ``5.1.1 Sample assembly,'' in

the first paragraph, line 8, the number ``0.8-'' is corrected to read

``0.4''.

293. On page 41095, in the second column, in Sec. 1915.1001, in

Appendix B, under the heading entitled ``5.1.1 Sample assembly,'' a new

note (e) is added to read:

* * * * *

5.1.1 * * *

Notes: * * *

(e) Other cassettes, such as the Bell-mouth, may be used within

the limits of their validation.

* * * * *

294. On page 41095, in the second column, in Sec. 1915.1001, in

Appendix B, under the heading entitled ``5.1.3 Sampling pump,'' lines 5

and 6, the words ``2.5 liters per minute (L/min)'' are corrected to

read ``the collection rate''.

295. On page 41095, in the second column, in Sec. 1915.1001, in

Appendix B, in the paragraph entitled ``5.2.1,'' line 2 is corrected by

removing the words ``(see Figure 3)''.

296. On page 41095, in the third column, in Sec. 1915.1001, in

Appendix B, under the heading entitled ``5.2.5,'' lines 8 through 10 of

the ``Note'' are corrected to read, ``pressure changes, correct the

flow rate using the formula shown in the section ``Sampling Pump Flow

Rate Corrections'' at the end of this appendix.''

297. On page 41096, in the first column, in Sec. 1915.1001, in

Appendix B, the paragraph entitled ``5.2.11'' is corrected to read:

* * * * *

5. * * *

5.2 * * *

5.2.11 Attach and secure a sample seal around each sample

cassette in such a way as to assure that the end cap and base plugs

cannot be removed without destroying the seal. Tape the ends of the

seal together since the seal is not long enough to be wrapped end-

to-end. Also wrap tape around the cassette at each joint to keep the

seal secure.

* * * * *

298. On page 41096, in the first column, in Sec. 1915.1001, in

Appendix B, in the paragraph entitled ``5.3.2,'' line 8, the words

``without rattling'' are corrected to read ``in such a manner that they

will not rattle''.

[[Page 33995]]

299. On page 41097, in the first column, in Sec. 1915.1001, in

Appendix B, under the heading entitled ``6.6.2 Counting Fibers,''

paragraph (9), line 5, the number ``2'' is corrected to read ``1''.

300. On page 41097, in the third column, in Sec. 1915.1001, in

Appendix B, under the heading entitled ``7.3. Recount Calculations,''

the formula in the third paragraph is corrected to read:

* * * * *

7.3. Recount Calculations

* * * * *

[GRAPHIC][TIFF OMITTED]TR29JN95.001

* * * * *

301. On page 41098, in the second column, in Sec. 1915.1001, in

Appendix B, under the heading entitled ``Quality Control,'' in the

first paragraph, lines 6 and 7 are corrected by removing the words

``for the CV curve shown below''.

302. On page 41098, in the third column, in Sec. 1915.1001, in

Appendix B, under the heading entitled ``Walton-Beckett Graticule,''

paragraph (7), line 12 is corrected to read ``Field Area = (D/

2) \2\''.

Appendix E to Sec. 1915.1001 [Corrected]

303. On page 41119, in the first column, in Sec. 1915.1001, in

Appendix E, paragraph (a) is corrected to read:

* * * * *

(a) Chest roentgenograms shall be interpreted and classified in

accordance with a professionally accepted classification system and

recorded on an interpretation form following the format of the CDC/

NIOSH (M) 2.8 form. As a minimum, the content within the bold lines

of this form (items 1 through 4) shall be included. This form is not

to be submitted to NIOSH.

* * * * *

Appendix F to Sec. 1915.1001 [Corrected]

304. On page 41121, in the first column, in Sec. 1915.1001, in

Appendix F, under the heading entitled ``Cleaning the Work Area,'' in

the second paragraph, line 4, the word ``encapsulate'' is corrected to

read ``encapsulant''.

Appendix H to Sec. 1915.1001 [Corrected]

305. On page 41121, in Sec. 1915.1001, in Appendix H, under the

heading entitled ``III. Respirators and Protective Clothing,''

paragraph A, line 6 of the third column is corrected by adding the word

``a'' after the word ``conduct''.

306. On page 41121, in the third column, in Sec. 1915.1001, in

Appendix H, under the heading entitled ``IV. Disposal Procedures and

Clean-up,'' paragraph E, line 1, the word ``if'' is corrected to read

``is''.

307. On page 41121, in the third column, in Sec. 1915.1001, in

Appendix H, under the heading entitled ``V. Access to Information,''

paragraph B, line 5, the word ``trowled-on'' is corrected to read

``troweled-on''.

Appendix K to Sec. 1915.1001 [Corrected]

308. On page 41123, in the first column, in Sec. 1915.1001, in

Appendix K, line 3 of the title is corrected by removing a closed

parenthesis after the word ``Non-Mandatory''.

309. On page 41125, in the first column, in Sec. 1915.1001, in

Appendix K, under the heading entitled ``1.8 Toxicology,'' line 9 is

corrected by adding the words ``and 29 CFR 1915.1001'' after the number

``1926.1101''.

310. On page 41125, in the second column, in Sec. 1915.1001, in

Appendix K, under the heading entitled ``2.4 Shipment,'' paragraph (a),

line 2 is corrected by removing the words ``(such as the OSHA 21)''.

311. On page 41129, in the first column, in Sec. 1915.1001, in

Appendix K, the heading entitled ``Auxiliary Information'' is correctly

designated as ``4. Auxiliary Information''.

312. On page 41129, in the second column, in Sec. 1915.1001, in

Appendix K, the paragraph under the heading entitled ``4.3 Polarized

Light Technique,'' beginning on line 10, is corrected by removing the

sentence, ``A compensator is a piece of mineral with known properties

that ``compensates'' for some deficiency in the optical train.''.

Appendix L to Sec. 1915.1001 [Corrected]

313. On page 41131, in the first column, in Sec. 1915.1001,

Appendix L, in the introductory paragraph, line 7 is corrected by

adding the words ``by trained employees'' after the word ``practices''.

314. On page 41131, in the second column, in Sec. 1915.1001, in

Appendix L, under the heading entitled ``[A] Negative Pressure

Enclosure/HEPA Vacuum System Method,'' paragraph (6), line 5, the words

``paragraph (j)(2)(ii)'' are corrected to read ``paragraph (k)(8)''.

315. On page 41131, in the second column, in Sec. 1915.1001, in

Appendix L, under the heading entitled ``[A] Negative Pressure

Enclosure/HEPA Vacuum System Method,'' paragraph (6), line 6, the words

``paragraph (k)'' are corrected to read ``paragraph (l)''.

316. On page 41131, in the second column, in Sec. 1915.1001, in

Appendix L, under the heading entitled ``[A] Negative Pressure

Enclosure/HEPA Vacuum System Method,'' paragraph (7), line 5, the words

``paragraph (k)'' are corrected to read ``paragraph (l)''.

317. On page 41131, in the second column, in Sec. 1915.1001, in

Appendix L, under the heading entitled ``[B] Low Pressure/Wet Cleaning

Method,'' paragraph (6), line 5, the words ``paragraph (j)(2)(ii)'' are

corrected to read ``paragraph (k)(8)''.

318. On page 41131, in the second column, in Sec. 1915.1001, in

Appendix L, under the heading entitled ``[B] Low Pressure/Wet Cleaning

Method,'' paragraph (6), line 7, the words ``paragraph (k)'' are

corrected to read ``paragraph (l)''.

319. On page 41131, in the second column, in Sec. 1915.1001, in

Appendix L, under the heading entitled ``[B] Low Pressure/Wet Cleaning

Method,'' paragraph (7), line 5, the words ``paragraph (k)'' are

corrected to read ``paragraph (l)''.

320. On page 41131, in the third column, in Sec. 1915.1001, in

Appendix L, under the heading entitled ``[C] Equivalent Methods,'' line

12, the number ``0.004'' is corrected to read ``0.016''.

321. On page 41131, in the third column, in Sec. 1915.1001, in

Appendix L, under the heading ``[D] Wet Methods,'' paragraph (2), line

3, the words ``paragraph (j)(2)(ii)'' are corrected to read ``paragraph

(k)(8)''.

322. On page 41131, in the third column, in Sec. 1915.1001, in

Appendix L, under the heading ``[D] Wet Method,'' paragraph (2), line

4, the words ``paragraph (k)'' are corrected to read ``paragraph (l)''.

323. On page 41131, in the third column, in Sec. 1915.1001, in

Appendix L, under the heading ``[D] Wet Method,'' paragraph (3), line

3, the words ``paragraph (k)'' are corrected to read ``paragraph (l)''.

Sec. 1926.1101 [Corrected]

324. On page 41132, in Sec. 1926.1101, paragraph (b), the

definition of ``Certified Industrial Hygienist (CIH),'' the first line

of the second column is corrected by removing the word

``comprehensive''.

325. On page 41132, in the second column, in Sec. 1926.1101,

paragraph (b), the definition of ``Class III asbestos work'' is

corrected to read:

* * * * *

(b) * * *

Class III asbestos work means repair and maintenance operations,

where ``ACM,'' including TSI and surfacing ACM and PACM, may be

disturbed.

* * * * *

[[Page 33996]]

326. On page 41132, in the second column, in Sec. 1926.1101,

paragraph (b), the definition of ``Class IV asbestos work'' is

corrected to read:

* * * * *

(b) * * *

Class IV asbestos work means maintenance and custodial activities

during which employees contact but do not disturb ACM or PACM and

activities to clean up dust, waste and debris resulting from Class I,

II, and III activities.

* * * * *

327. On page 41132, in the second column, in Sec. 1926.1101,

paragraph (b), the definition of ``Competent Person,'' lines 12 through

19 are corrected to read ``course which meets the criteria of EPA's

Model Accreditation Plan (40 CFR part 763) for supervisor, or its

equivalent and, for Class III and Class IV work, who is trained in a

manner consistent with EPA requirements for training of local education

agency maintenance and custodial staff as set forth at 40 CFR 763.92

(a)(2).''.

328. On page 41132, in the third column, in Sec. 1926.1101,

paragraph (b), the definition of ``Disturbance,'' the first sentence is

corrected to read:

* * * * *

(b) * * *

Disturbance means activities that disrupt the matrix of ACM or

PACM, crumble or pulverize ACM or PACM, or generate visible debris from

ACM or PACM.* * *

* * * * *

329. On page 41132, in the third column, in Sec. 1926.1101,

paragraph (b), the definition of ``Glovebag,'' line 1, the word ``an''

is corrected to read ``not more than a 60 x 60 inch''.

330. On page 41132, in the third column, in Sec. 1926.1101,

paragraph (b), the definition of ``Intact,'' line 3, the word ``it'' is

corrected to read ``the asbestos''.

331. On page 41133, in Sec. 1926.1101, paragraph (b), in the

definition of ``Modification,'' line 8 from the top of the first column

is corrected by removing the number ``(ii)''.

332. On page 41133, in the first column, in Sec. 1926.1101,

paragraph (b), the definition of ``Presumed Asbestos Containing

Material,'' line 7, the number ``(4)'' is corrected to read ``(5)''.

333. On page 41133, in the first column, in Sec. 1926.1101,

paragraph (b), the definition of ``Regulated area,'' line 12 is

corrected by removing the number ``(6)''.

334. On page 41133, in the second column, in Sec. 1926.1101,

paragraph (c)(1), line 8 the word ``of'' is corrected to read ``to''.

335. On page 41133, in the second column, in Sec. 1926.1101,

paragraph (c)(2), line 8, the word ``of'' is corrected to read ``to''.

336. On page 41133, in the second column, in Sec. 1926.1101,

paragraph (d)(3), line 13 is corrected by removing the number ``(1)''.

337. On page 41133, in the third column, in Sec. 1926.1101,

paragraph (e)(2), line 6 is corrected by removing the words

``concentrations of''.

338. On page 41133, in the third column, in Sec. 1926.1101,

paragraph (e)(2), line 12, the number ``(6)'' is corrected to read

``(7)''.

339. On page 41133, in the third column, in Sec. 1926.1101,

paragraph (e)(4), line 3, the number ``(2)'' is corrected to read

``(1)''.

340. On page 41133, in the third column, in Sec. 1926.1101,

paragraph (f)(1)(i), line 2, the word ``of'' is corrected to read

``o

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