[Title 40 CFR G]
[Code of Federal Regulations (annual edition) - July 1, 1996 Edition]
[Title 40 - PROTECTION OF ENVIRONMENT]
[Chapter I - ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)]
[Subchapter R - TOXIC SUBSTANCES CONTROL ACT]
[Part 763 - ASBESTOS]
[Subpart G - Asbestos Abatement Projects]
[From the U.S. Government Publishing Office]




  40
  PROTECTION OF ENVIRONMENT
  17
  1996-07-01
  1996-07-01
  false
  Asbestos Abatement Projects
  G
  Subpart G
  
    PROTECTION OF ENVIRONMENT
    ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
    TOXIC SUBSTANCES CONTROL ACT
    ASBESTOS
  


                 Subpart G--Asbestos Abatement Projects

    Source: 52 FR 5623, Feb. 25, 1987, unless otherwise noted.



Sec. 763.120  Scope

    (a) This part establishes requirements which must be followed during 
asbestos abatement projects by employers of State and local government 
employees not covered by the Asbestos Standard of the Occupational 
Safety and Health Administration (OSHA), 29 CFR 1926.58, an Asbestos 
Standard adopted by a State as part of a State plan approved by OSHA 
under section 18 of the Occupational Safety and Health Act, or a State 
asbestos regulation which EPA has determined to be comparable to or more 
stringent than this part. The rule covers those employees who take part 
in asbestos abatement work.
    (b) [Reserved]



Sec. 763.121  Regulatory requirements.

    (a) [Reserved]
    (b) Definitions. Action level means an airborne concentration of 
asbestos of 0.1 fiber per cubic centimeter (f/cc) of air calculated as 
an 8-hour time-weighted average.
    Administrator means the Administrator, U.S. Environmental Protection 
Agency, or designee.
    Asbestos means the asbestiform varieties of chrysotile (serpentine); 
crocidolite (riebeckite); amosite (cummingtonite--grunerite); tremolite; 
anthophyllite, and actinolite.
    Asbestos abatement project means any activity involving the removal, 
enclosure, or encapsulation of friable asbestos material.
    Authorized person means any person authorized by the employer and 
required by work duties to be present in regulated areas.
    Clean room means an uncontaminated room having facilities for the 
storage of employees' street clothing and uncontaminated materials and 
equipment.
    Competent person means one who is capable of identifying existing 
asbestos hazards in the workplace and who has the authority to take 
prompt corrective measures to eliminate them. The duties of the 
competent person include at least the following: Establishing the 
negative-pressure enclosure, ensuring its integrity, and controlling 
entry to and exit from the enclosure; supervising any employee exposure 
monitoring required by this subpart, ensuring that all employees working 
within such an enclosure wear the appropriate personal protective 
equipment, are trained in the use of appropriate methods of exposure 
control, and use the hygiene facilities and decontamination procedures 
specified in this subpart; and ensuring that engineering controls in use 
are in proper operating condition and are functioning properly.
    Decontamination area means an enclosed area adjacent and connected 
to the regulated area and consisting of an equipment room, shower area, 
and

[[Page 579]]

clean room, which is used for the decontamination of workers, materials, 
and equipment contaminated with asbestos.
    Demolition means the wrecking or taking out of any load-supporting 
structural member and any related razing, removing, or stripping of 
asbestos products.
    Emergency project means a project involving the removal, enclosure, 
or encapsulation of friable asbestos-containing material that was not 
planned but results from a sudden unexpected event.
    Employee exposure means that exposure to airborne asbestos would 
occur if the employee were not using respiratory protective equipment.
    Employer means the public department, agency, or entity which hires 
an employee. The term includes, but is not limited to, any State, 
County, City, or other local governmental entity which operates or 
administers schools, a department of health or human services, a 
library, a police department, a fire department, or similar public 
service agencies or offices.
    Equipment room (change room) means a contaminated room located 
within the decontamination area that is supplied with impermeable bags 
or containers for the disposal of contaminated protective clothing and 
equipment.
    Fiber means a particulate form of asbestos, 5 micrometers or longer, 
with a length-to-diameter ratio of at least 3 to 1.
    Friable asbestos material means any material containing more than 1 
percent asbestos by weight which, when dry, may be crumbled, pulverized, 
or reduced to powder by hand pressure.
    High-efficiency particulate air (HEPA) filter means a filter capable 
of trapping and retaining at least 99.97 percent of all monodispersed 
particles of 0.3 micrometer in diameter or larger.
    Regulated area means an area established by the employer to 
demarcate areas where airborne concentrations of asbestos exceed or can 
reasonably be expected to exceed the permissible exposure limit. The 
regulated area may take the form of: (1) A temporary enclosure, as 
required by paragraph (e)(6) of this section, or (2) an area demarcated 
in any manner that minimizes the number of employees exposed to 
asbestos.
    Removal means the taking out or stripping of asbestos or materials 
containing asbestos.
    Renovation means the modifying of any existing structure, or portion 
thereof, where exposure to airborne asbestos may result.
    Repair means overhauling, rebuilding, reconstructing, or 
reconditioning of structures or substrates where asbestos is present.
    (c) Permissible exposure limit (PEL). The employer shall ensure that 
no employee is exposed to an airborne concentration of asbestos in 
excess of 0.2 fiber per cubic centimeter of air as an 8-hour time-
weighted average (TWA), as determined by the method prescribed in 
Appendix A of this section, or by an equivalent method.
    (d) Communication among employers. On multi-employer worksites, an 
employer performing asbestos work requiring the establishment of a 
regulated area shall inform other employers (as defined by this subpart 
and by 29 U.S.C. section 652(5)) on the site of the nature of the 
employer's work with asbestos and of the existence of and requirements 
pertaining to regulated areas.
    (e) Regulated areas--(1) General. The employer shall establish a 
regulated area in work areas where airborne concentrations of asbestos 
exceed or can reasonably be expected to exceed the permissible exposure 
limit prescribed in paragraph (c) of this section.
    (2) Demarcation. The regulated area shall be demarcated in any 
manner that minimizes the number of persons within the area and protects 
persons outside the area from exposure to airborne concentrations of 
asbestos in excess of the permissible exposure limit.
    (3) Access. Access to regulated areas shall be limited to authorized 
persons.
    (4) Respirators. All persons entering a regulated area shall be 
supplied with a respirator, selected in accordance with paragraph (h)(2) 
of this section.
    (5) Prohibited activities. The employer shall ensure that employees 
do not eat, drink, smoke, chew tobacco or gum, or apply cosmetics in the 
regulated area.

[[Page 580]]

    (6) Requirements for asbestos removal, demolition, and renovation 
operations. (i) Wherever feasible, the employer shall establish 
negative-pressure enclosures before commencing removal, demolition, and 
renovation operations.
    (ii) The employer shall designate a competent person to perform or 
supervise the following duties:
    (A) Set up the enclosure.
    (B) Ensure the integrity of the enclosure.
    (C) Control entry to and exit from the enclosure.
    (D) Supervise all employee exposure monitoring required by this 
section.
    (E) Ensure that employees working within the enclosure wear 
respirators and protective clothing as required by paragraphs (h) and 
(i) of this section.
    (F) Ensure that employees are trained in the use of engineering 
controls, work practices, and personal protective equipment.
    (G) Ensure that employees use the hygiene facilities and observe the 
decontamination procedures specified in paragraph (j) of this section.
    (H) Ensure that engineering controls are functioning properly.
    (iii)(A) In addition to the qualifications specified in paragraph 
(b) of this section, the competent person shall be trained in all 
aspects of asbestos abatement, the contents of this subpart, the 
identification of asbestos and its removal procedures, and other 
practices for reducing the hazard. Such training shall be obtained in a 
comprehensive course, such as a course conducted by an EPA Asbestos 
Training Center, or an equivalent course.
    (B) For small-scale, short-duration operations, such as pipe repair, 
valve replacement, installing electrical conduits, installing or 
removing drywall, roofing, and other general building maintenance or 
renovation, the employer is not required to comply with the requirements 
of paragraph (e)(6) of this section.
    (f) Exposure monitoring--(1) General. (i) Each employer who has a 
workplace or work operation covered by this subpart shall perform 
monitoring to determine accurately the airborne concentrations of 
asbestos to which employees may be exposed.
    (ii) Determinations of employee exposure shall be made from 
breathing zone air samples that are representative of the 8-hour TWA of 
each employee.
    (iii) Representative 8-hour TWA employee exposure shall be 
determined on the basis of one or more samples representing fullshift 
exposure for employees in each work area.
    (2) Initial monitoring. (i) Each employer who has a workplace or 
work operation covered by this subpart, except as provided for in 
paragraphs (f)(2)(ii) and (iii) of this section, shall perform initial 
monitoring at the initiation of each asbestos job to determine 
accurately the airborne concentrations of asbestos to which employees 
may be exposed.
    (ii) The employer may demonstrate that employee exposures are below 
the action level by means of objective data demonstrating that the 
product or material containing asbestos cannot release airborne fibers 
in concentrations exceeding the action level under those work conditions 
having the greatest potential for releasing asbestos.
    (iii) Where the employer has monitored each asbestos job, and the 
data were obtained during work operations conducted under workplace 
conditions closely resembling the processes, type of material, control 
methods, work practices, and environmental conditions used and 
prevailing in the employer's current operations, the employer may rely 
on such earlier monitoring results to satisfy the requirements of 
paragraph (f)(2)(i) of this section.
    (3) Periodic monitoring within regulated areas. (i) The employer 
shall conduct daily monitoring that is representative of the exposure of 
each employee who is assigned to work within a regulated area.
    (ii) When all employees within a regulated area are equipped with 
supplied-air respirators operated in the positive-pressure mode, the 
employer may dispense with the daily monitoring required by this 
paragraph.
    (4) Termination of monitoring. If the periodic monitoring required 
by paragraph (f)(3)(i) of this section reveals that employee exposures, 
as indicated by statistically reliable measurements,

[[Page 581]]

are below the action level, the employer may discontinue monitoring for 
those employees whose exposures are represented by such monitoring.
    (5) Method of monitoring. (i) All samples taken to satisfy the 
monitoring requirements of paragraph (f) of this section shall be 
personal samples collected following the procedures specified in 
Appendix A of this section.
    (ii) All samples taken to satisfy the monitoring requirements of 
paragraph (f) of this section shall be evaluated using the EPA/OSHA 
Reference Method (ORM) specified in Appendix A, or an equivalent 
counting method.
    (iii) If an equivalent method to the ORM is used, the employer shall 
ensure that the method meets the following criteria:
    (A) Replicate exposure data used to establish equivalency are 
collected in side-by-side field and laboratory comparisons.
    (B) The comparison indicates that 90 percent of the samples 
collected in the range 0.5 to 2.0 times the permissible limit have an 
accuracy range of plus or minus 25 percent of the ORM results with a 95 
percent confidence level as demonstrated by a statistically valid 
protocol.
    (C) The equivalent method is documented and the results of the 
comparison testing are maintained.
    (iv) To satisfy the monitoring requirements of paragraph (f) of this 
section, employers shall rely on the results of monitoring analysis 
performed by laboratories that have instituted quality assurance 
programs that include the elements prescribed in Appendix A of this 
section.
    (6) Employee notification of monitoring results. (i) The employer 
shall notify affected employees of the monitoring results that represent 
the employees' exposure as soon as possible following receipt of 
monitoring results.
    (ii) The employer shall notify affected employees of the results of 
monitoring representing the employees' exposure in writing either 
individually or by posting at a centrally located place that is 
accessible to affected employees.
    (7) Observation of monitoring. (i) The employer shall provide 
affected employees or their designated representatives an opportunity to 
observe any monitoring of employee exposure to asbestos conducted in 
accordance with this section
    (ii) When observation of the monitoring of employee exposure to 
asbestos requires entry into an area where the use of protective 
clothing or equipment is required, the observer shall be provided with 
and be required to use such clothing and equipment and shall comply with 
all other applicable safety and health procedures.
    (g) Methods of compliance--(1) Engineering controls and work 
practices. (i) The employer shall use one or any combination of the 
following control methods to achieve compliance with the permissible 
exposure limit prescribed by paragraph (c) of this section:
    (A) Local exhaust ventilation equipped with HEPA filter dust 
collection systems.
    (B) General ventilation systems.
    (C) Vacuum cleaners equipped with HEPA filters.
    (D) Enclosure or isolation of processes producing asbestos dust.
    (E) Use of wet methods, wetting agents, or removal encapsulants to 
control employee exposures during asbestos handling, mixing, removal, 
cutting, application, and cleanup.
    (F) Prompt disposal of wastes contaminated with asbestos in leak-
tight containers.
    (G) Use of work practices or other engineering controls that the 
Administrator can show to be feasible.
    (ii) Wherever the feasible engineering and work practice controls 
described in this paragraph are not sufficient to reduce employee 
exposure to or below the limit prescribed in paragraph (c) of this 
section, the employer shall use them to reduce employee exposure to the 
lowest levels attainable by these controls and shall supplement them by 
the use of respiratory protection that complies with the requirements of 
paragraph (h) of this section.
    (2) Prohibitions. (i) High-speed abrasive disc saws that are not 
equipped with appropriate engineering controls shall not be used for 
work related to asbestos.
    (ii) Compressed air shall not be used to remove asbestos materials 
containing asbestos unless the compressed air

[[Page 582]]

is used in conjunction with an enclosed ventilation system designed to 
capture the dust cloud created by the compressed air.
    (iii) Materials containing asbestos shall not be applied by spray 
methods.
    (3) Employee rotation. The employer shall not use employee rotation 
as a means of compliance with the exposure limit prescribed in paragraph 
(c) of this section.
    (h) Respiratory protection--(1) General. The employer shall provide 
respirators, and ensure that they are used, where required by this 
section. Respirators shall be used in the following circumstances:
    (i) During the interval necessary to install or implement feasible 
engineering and work practice controls.
    (ii) In work operations such as maintenance and repair activities, 
or other activities for which engineering and work practice controls are 
not feasible.
    (iii) In work situations where feasible engineering and work 
practice controls are not yet sufficient to reduce exposure to or below 
the exposure limit.
    (iv) In emergencies.
    (2) Respirator selection. (i) Where respirators are used, the 
employer shall select and provide, at no cost to the employee, the 
appropriate respirator as specified in Table 1 in paragraph (h)(2)(iv) 
of this section, and shall ensure that the employee uses the respirator 
provided.
    (ii) The employer shall select respirators from among those jointly 
approved as being acceptable for protection by the Mine Safety and 
Health Administration (MSHA) and the National Institute for Occupational 
Safety and Health (NIOSH) under the provisions of 30 CFR Part 11.
    (iii) The employer shall provide a powered, air-purifying respirator 
in lieu of any negative-pressure respirator specified in Table 1 
whenever:
    (A) An employee chooses to use this type of respirator; and
    (B) This respirator will provide adequate protection to the 
employee.
    (iv) Table 1--Respiratory Protection for Asbestos Fibers.

           Table 1--Respiratory Protection for Asbestos Fibers          
------------------------------------------------------------------------
   Airborne concentration of asbestos           Required respirator     
------------------------------------------------------------------------
Not in excess of 2 f/cc (10 x PEL)......  1. Half-mask air-purifying    
                                           respirator other than a      
                                           disposable respirator        
                                           equipped with high-efficiency
                                           filters.                     
Not in excess of 10 f/cc (50 x PEL).....  1. Full facepiece air-        
                                           purifying respirator equipped
                                           with high-efficiency filters.
Not in excess of 20 f/cc (100 x PEL)....  1. Any powered air-purifying  
                                           respirator equipped with high-
                                           efficiency filters.          
                                          2. Any supplied-air respirator
                                           operated in continuous flow  
                                           mode.                        
Not in excess of 200 f/cc (1,000 x PEL).  1. Full facepiece supplied-air
                                           respirator operated in       
                                           pressure demand mode.        
Greater than 200 f/cc (>1,000 x PEL) or   1. Full facepiece supplied air
 unknown concentration.                    respirator operated in       
                                           pressure demand mode equipped
                                           with an auxilliary positive  
                                           pressure selfcontained       
                                           breathing apparatus.         
------------------------------------------------------------------------

    Note: a. Respirators assigned for higher environmental 
concentrations may be used at lower concentrations.
    b. A high-efficiency filter means a filter that is at least 99.97 
percent efficient against mono-dispersed particles of 0.3 micrometers in 
diameter or larger.

    (3) Respirator program. (i) Where respiratory protection is used, 
the employee shall institute a respirator program. This should include 
all information and guidance necessary for their proper selection, use, 
and care. Possible emergency uses of respirators should be anticipated 
and planned for.
    (ii) The employer shall permit each employee who uses a filter 
respirator to change the filter elements whenever an increase in 
breathing resistance is detected and shall maintain an adequate supply 
of filter elements for this purpose.
    (iii) Employees who wear respirators shall be permitted to leave 
work areas to wash their faces and respirator facepieces whenever 
necessary to prevent skin irritation associated with respirator use.
    (iv) No employee shall be assigned to tasks requiring the use of 
respirators if, based on his or her most recent examination, an 
examining physician determines that the employee will be unable to 
function normally wearing a respirator, or that the safety or health of 
the employee or of other employees

[[Page 583]]

will be impaired by the use of a respirator. Such employee shall be 
assigned to another job or given the opportunity to transfer to a 
different position, the duties of which he or she is able to perform, 
with the same employer, in the same geographical area, and with the same 
seniority, status, and rate of pay he or she had just prior to such 
transfer, if such a different position is available.
    (4) Respirator fit testing. (i) The employer shall ensure that the 
respirator issued to the employee exhibits the least possible facepiece 
leakage and that the respirator is fitted properly.
    (ii) Employers shall perform either quantitative or qualitative face 
fit tests at the time of initial fitting and at least every 6 months 
thereafter for each employee wearing a negative-pressure respirator. The 
qualitative fit tests may be used only for testing the fit of half-mask 
respirators where they are permitted to be worn, and shall be conducted 
in accordance with Appendix C of this section. The tests shall be used 
to select facepieces that provide the required protection as prescribed 
in Table 1.
    (i) Protective clothing--(1) General. The employer shall provide and 
require the use of protective clothing, such as coveralls or similar 
whole-body clothing, head coverings, gloves, and foot coverings for any 
employee exposed to airborne concentrations of asbestos that exceed the 
permissible exposure limit prescribed in paragraph (c) of this section.
    (2) Laundering. (i) The employer shall ensure that laundering of 
contaminated clothing is done so as to prevent the release of airborne 
asbestos in excess of the exposure limit prescribed in paragraph (c) of 
this section.
    (ii) Any employer who gives contaminated clothing to another person 
for laundering shall inform such person of the requirement in paragraph 
(i)(2)(i) of this section effectively to prevent the release of airborne 
asbestos in excess of the exposure limit prescribed in paragraph (c) of 
this section.
    (3) Contaminated clothing. Contaminated clothing shall be 
transported in sealed impermeable bags, or other closed, impermeable 
containers, and be labeled in accordance with paragraph (k) of this 
section.
    (4) Protective clothing for removal, demolition, and renovation 
operations. (i) The competent person shall periodically examine 
worksuits worn by employees for rips or tears that may occur during 
performance of work.
    (ii) When rips or tears are detected while an employee is working 
within a negative-pressure enclosure, rips and tears shall be 
immediately mended, or the worksuit shall be immediately replaced.
    (j) Hygiene facilities and practices--(1) General. (i)(A) The 
employer shall provide clean change areas for employees required to work 
in regulated areas or required by paragraph (i)(1) of this section to 
wear protective clothing.
    (B) In lieu of the change area requirement specified in paragraph 
(j)(1)(i), the employer may permit employees engaged in small-scale, 
short-duration operations, as described in paragraph (e)(6) of this 
section, to clean their protective clothing with a portable HEPA-
equipped vacuum before such employees leave the area where maintenance 
was performed.
    (ii) The employer shall ensure that change areas are equipped with 
separate storage facilities for protective clothing and street clothing.
    (iii) Whenever food or beverages are consumed at the worksite and 
employees are exposed to airborne concentrations of asbestos in excess 
of the permissible exposure limit, the employer shall provide lunch 
areas in which the airborne concentrations of asbestos are below the 
action level.
    (2) Requirements for removal, demolition, and renovation 
operations--(i) Decontamination area. Except for small-scale, short-
duration operations, as described in paragraph (e)(6) of this section, 
the employer shall establish a decontamination area that is adjacent and 
connected to the regulated area for the decontamination of employees 
contaminated with asbestos. The decontamination area shall consist of an 
equipment room, shower area, and clean room in series. The employer 
shall ensure that employees enter and exit the regulated area through 
the decontamination area.

[[Page 584]]

    (ii) Clean room. The clean room shall be equipped with a locker or 
appropriate storage container for each employee's use.
    (iii) Shower area. Where feasible, shower facilities shall be 
provided. The showers shall be contiguous both to the equipment room and 
the clean change room, unless the employer can demonstrate that this 
location is not feasible. Where the employer can demonstrate that it is 
not feasible to locate the shower between the equipment room and the 
clean change room, the employer shall ensure that employees:
    (A) Remove asbestos contamination from their worksuits using a HEPA 
vacuum before proceeding to a shower that is not contiguous to the work 
area; or
    (B) Remove their contaminated worksuits, don clean worksuits, and 
proceed to a shower that is not contiguous to the work area.
    (iv) Equipment room. The equipment room shall be supplied with 
impermeable, labeled bags and containers for the containment and 
disposal of contaminated protective clothing and equipment.
    (v) Decontamination area entry procedures. (A) The employer shall 
ensure that employees:
    (1) Enter the decontamination area through the clean room.
    (2) Remove and deposit street clothing within a locker provided for 
their use.
    (3) Put on protective clothing and respiratory protection before 
leaving the clean room.
    (B) The employer shall ensure that employees pass through the 
equipment room before entering the enclosure.
    (vi) Decontamination area exit procedures. (A) The employer shall 
ensure that employees remove all gross contamination and debris from 
their protective clothing before leaving the regulated area.
    (B) The employer shall ensure that employees remove their protective 
clothing in the equipment room and deposit the clothing in labeled 
impermeable bags or containers.
    (C) The employer shall ensure that employees do not remove their 
respirators in the equipment room.
    (D) The employer shall ensure that employees shower prior to 
entering the clean room.
    (E) The employer shall ensure that, after showering, employees enter 
the clean room before changing into street clothes.
    (k) Communication of hazards to employees--(1) Signs. (i) Warning 
signs that demarcate the regulated area shall be provided and displayed 
at each location where airborne concentrations of asbestos may be in 
excess of the exposure limit prescribed in paragraph (c) of this 
section. Signs shall be posted at such a distance from such a location 
that an employee may read the signs and take necessary protective steps 
before entering the area marked by the signs.
    (ii) The warning signs required by paragraph (k)(1)(i) of this 
section shall bear the following information:

DANGER
ASBESTOS
CANCER AND LUNG DISEASE HAZARD
AUTHORIZED PERSONNEL ONLY
RESPIRATORS AND PROTECTIVE CLOTHING ARE REQUIRED IN THIS AREA

    (2) Labels. (i) Labels shall be affixed to all products containing 
asbestos and to all containers containing such products, including waste 
containers. Where feasible, installed asbestos products shall contain a 
visible label.
    (ii) Labels shall be printed in large, bold letters on a contrasting 
background.
    (iii) Labels shall be used and shall contain the following 
information:

DANGER
CONTAINS ASBESTOS FIBERS
AVOID CREATING DUST
CANCER AND LUNG DISEASE HAZARD

    (iv) [Reserved]
    (v) Labels shall contain a warning statement against breathing 
airborne asbestos fibers.
    (vi) The provisions for labels required by paragraph (k)(2)(i) of 
this section do not apply where:
    (A) Asbestos fibers have been modified by a bonding agent, coating, 
binder, or other material, provided that the manufacturer can 
demonstrate that, during any reasonably foreseeable use, handling, 
storage, disposal, processing,

[[Page 585]]

or transportation, no airborne concentrations of asbestos fibers in 
excess of the action level will be released or
    (B) Asbestos is present in a product in concentrations less than 0.1 
percent by weight.
    (3) Employee information and training. (i) The employer shall 
institute a training program for all employees exposed to airborne 
concentrations of asbestos at or above the action level and shall ensure 
their participation in the program.
    (ii) Training shall be provided prior to or at the time of initial 
assignment, [unless the employee has received equivalent training within 
the previous 12 months] and at least annually thereafter.
    (iii) The training program shall be conducted in a manner that the 
employee is able to understand. The employer shall ensure that each 
employee is informed of the following:
    (A) Methods of recognizing 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.
    (E) The purpose, proper use, fitting instructions, and limitations 
of respirators.
    (F) The appropriate work practices for performing the asbestos job; 
and
    (G) Medical surveillance program requirements; and
    (H) The content of this subpart, including appendices.
    (4) Access to training materials. (i) The employer shall make 
readily available to all affected employees without cost all written 
materials relating to the employee training program, including a copy of 
this regulation.
    (ii) The employer shall provide to the Administrator upon request, 
all information and training materials relating to the employee 
information and training program.
    (1) Housekeeping--(1) Vacuuming. Where vacuuming methods are 
selected, HEPA filtered vacuuming equipment must be used. The equipment 
shall be used and emptied in a manner that minimizes the reentry of 
asbestos into the workplace.
    (2) Waste disposal. Asbestos waste, scrap, debris, bags, containers, 
equipment, and contaminated clothing consigned for disposal shall be 
collected and disposed of in sealed, labeled, impermeable bags or other 
closed, labeled, impermeable containers.
    (m) Medical surveillance--(1) General--(i)--Employees covered. The 
employer shall institute a medical surveillance program for all 
employees engaged in work involving levels of asbestos at or above the 
action level for 30 or more days per year, or who are required by this 
section to wear negative-pressure respirators.
    (ii) Examination by a physician. (A) The employer shall ensure that 
all medical examinations and procedures are performed by or under the 
supervision of a licensed physician, and are provided at no cost to the 
employee and at a reasonable time and place.
    (B) Persons other than such licensed physicians who administer the 
pulmonary function testing required by this section shall complete a 
training course in spirometry sponsored by an appropriate academic or 
professional institution.
    (2) Medical examinations and consultation--(i) Frequency. The 
employer shall make available medical examinations and consultations to 
each employee covered under paragraph (m)(1)(i) of this section on the 
following schedules:
    (A) Prior to assignment of the employee to an area where negative-
pressure respirators are worn.
    (B)(1) When the employee is assigned to an area where exposure to 
asbestos may be at or above the action level for 30 or more days per 
year, a medical examination must be given within 10 working days 
following the thirtieth day of exposure.
    (2) No medical examination is required of any employee if adequate 
records show that the employee has

[[Page 586]]

been examined in accordance with this paragraph within the past 1-year 
period.
    (C) At least annually thereafter.
    (D) If the examining physician determines that any of the 
examinations should be provided more frequently than specified, the 
employer shall provide such examinations to affected employees at the 
frequencies specified by the physician.
    (ii) Content. Medical examinations made available pursuant to 
paragraphs (m)(2)(i) (A), (B), and (C) of this section shall include:
    (A) A medical and work history with special emphasis directed to the 
pulmonary, cardiovascular, and gastrointestinal systems.
    (B) On initial examination, the standardized questionnaire contained 
in Appendix D, Part 1 of this section and, on annual examination, the 
abbreviated standardized questionnaire contained in Appendix D, Part 2 
of this section.
    (C) A physical examination directed to the pulmonary and 
gastrointestinal systems, including a chest roentgenogram to be 
administered at the discretion of the physician, and pulmonary function 
tests of forced vital capacity (FVC) and forced expiratory volume at one 
second (FEV1). Interpretation and classification of chest 
roentgenograms shall be conducted in accordance with Appendix E of this 
section.
    (D) Any other examinations or tests deemed necessary by the 
examining physician.
    (3) Information provided to the physician. The employer shall 
provide the following information to the examining physician:
    (i) A copy of this rule and Appendices D and E of this section.
    (ii) A description of the affected employee's duties as they relate 
to the employee's exposure.
    (iii) The employee's representative exposure level or anticipated 
exposure level.
    (iv) A description of any personal protective and respiratory 
equipment used or to be used.
    (v) Information from previous medical examinations of the affected 
employee that is not otherwise available to the examining physician.
    (4) Physician's written opinion. (i) The employer shall obtain a 
written opinion from the examining physician. This written opinion shall 
contain the results of the medical examination and shall include:
    (A) The physician's opinion as to whether the employee has any 
detected medical conditions that would place the employee at an 
increased risk of material health impairment from exposure to asbestos.
    (B) Any recommended limitations on the employee or on the use of 
personal protective equipment such as respirators.
    (C) A statement that the employee has been informed by the physician 
of the results of the medical examinations and of any medical conditions 
that may result from asbestos exposure.
    (ii) The employer shall instruct the physician not to reveal in the 
written opinion given to the employer specific findings or diagnoses 
unrelated to occupational exposure to asbestos.
    (iii) The employer shall provide a copy of the physician's written 
opinion to the affected employee within 30 days from its receipt.
    (n) Recordkeeping--(1) Objective data for exempted operations. (i) 
Where the employer has relied on objective data that demonstrate that 
products made from or containing asbestos are not capable of releasing 
fibers of asbestos in concentrations at or above the action level under 
the expected conditions of processing, use, or handling to exempt such 
operations from the initial monitoring requirements under paragraph 
(f)(2) of this section, the employer shall establish and maintain an 
accurate record of objective data reasonably relied upon in support of 
the exemption.
    (ii) The record shall include at least the following information:
    (A) The product qualifying for exemption.
    (B) The source of the objective data.
    (C) The testing protocol, results of testing, and/or analysis of the 
material for the release of asbestos.
    (D) A description of the operation exempted and how the data support 
the exemption.

[[Page 587]]

    (E) Other data relevant to the operations, materials, processing, or 
employee exposures covered by the exemption.
    (iii) The employer shall maintain this record for the duration of 
the employer's reliance upon such objective data.
    (2) Exposure measurements. (i)(A) The employer shall keep an 
accurate record of all measurements taken to monitor employee exposure 
to asbestos as prescribed in paragraph (f) of this section.
    (B) The employer may utilize the services of competent organizations 
such as employee associations to maintain the records required by this 
section.
    (ii) This record shall include at least the following information:
    (A) The date of measurement.
    (B) The operation involving exposure to asbestos that is being 
monitored.
    (C) Sampling and analytical methods used and evidence of their 
accuracy.
    (D) Number, duration, and results of samples taken.
    (E) Type of protective devices worn, if any.
    (F) Name, social security number, and exposure of the employees 
whose exposures are represented.
    (iii) The employer shall maintain this record for at least 30 years.
    (3) Medical surveillance. (i) The employer shall establish and 
maintain an accurate record for each employee subject to medical 
surveillance by paragraph (m) of this section.
    (ii) The record shall include at least the following information:
    (A) The name and social security number of the employee.
    (B) A copy of the employee's medical examination results, including 
the medical history, questionnaire responses, results of any tests, and 
physician's recommendations.
    (C) Physician's written opinions.
    (D) Any employee medical complaints related to exposure to asbestos.
    (E) A copy of the information provided to the physician as required 
by paragraph (m) of this section.
    (iii) The employer shall ensure that this record is maintained for 
the duration of employment plus 30 years.
    (4) Training records. The employer shall maintain all employee 
training records for 1 year beyond the last date of employment by that 
employer.
    (5) Availability. (i) The employer, upon request, shall make all 
records required to be maintained by this section available to the 
Administrator for examination and copying.
    (ii) The employer, upon request, shall make any exposure records 
required by paragraphs (f) and (n) of this section available for 
examination and copying to affected employees, former employees, 
designated representatives, and the Administrator.
    (iii) The employer, upon request, shall make employee medical 
records required by paragraphs (m) and (n) of this section available for 
examination and copying to the subject employee, anyone having the 
specific written consent of the subject employee, and the Administrator.
    (6) Transfer of records. Whenever the employer ceases to operate and 
there is no successor employer to receive and retain the records for the 
prescribed period, the employer shall notify the Administrator at least 
90 days prior to disposal and, upon request, transmit them to the 
Administrator.
    (o) Effective date. This section shall become effective March 27, 
1987.
    (p) Appendices. (1) Appendices A, C, D, and E to this section are 
incorporated as part of this section and the contents of these 
appendices are mandatory.
    (2) Appendix B to this section is informational and is not intended 
to create any additional obligations not otherwise imposed or to detract 
from any existing obligations.

    Appendix A To Sec. 763.121--EPA/OSHA Reference Method--Mandatory

    This mandatory appendix specifies the procedure for analyzing air 
samples for asbestos and specifies quality control procedures that must 
be implemented by laboratories performing the analysis. The sampling and 
analytical methods described below represent the elements of the 
available monitoring methods essential to achieve adequate employee 
exposure monitoring while allowing employers to use methods that are 
already established within their organizations. All employers who are 
required to conduct air monitoring under Sec. 763.121(f) are required to 
utilize analytical laboratories that use this procedure, or an 
equivalent method for collecting and analyzing samples.

[[Page 588]]

                    Sampling and Analytical Procedure

    1. The sampling medium for air samples shall be mixed cellulose 
ester filter membranes. These shall be designated by the manufacturer as 
suitable for asbestos counting. See below for rejection of blanks.
    2. The preferred collection device shall be the 25-mm diameter 
cassette with an open-faced 50-mm electrically conductive extension 
cowl. The 37-mm cassette may be used if necessary, but only if written 
justification for the need to use the 37-mm filter cassette accompanies 
the sample results in the employee's exposure monitoring record.
    3. An air flow rate between 0.5 liter/min and 2.5 liters/min shall 
be selected for the 25-mm cassette. If the 37-mm cassette is used, an 
air flow rate between 1 liter/min and 2.5 liters/min shall be selected.
    4. Where possible, a sufficient air volume for each air sample shall 
be collected to yield between 100 and 1,300 fibers per square millimeter 
on the membrane filter. If a filter darkens in appearance or if loose 
dust is seen on the filter, a second sample shall be started.
    5. Ship the samples in a rigid container with sufficient packing 
material to prevent dislodging the collected fibers. Packing material 
that has a high electrostatic charge on its surface (e.g., expanded 
polystyrene) cannot be used because such material can cause loss of 
fibers to the sides of the cassette.
    6. Calibrate each personal sampling pump before and after use with a 
representative filter cassette installed between the pump and the 
calibration devices.
    7. Personal samples shall be taken in the ``breathing zone'' of the 
employee (i.e., attached to or near the collar or lapel near the 
worker's face).
    8. Fiber counts shall be made by positive phase contrast using a 
microscope with an 8 to 10 X eyepiece and a 40 to 45 X objective for a 
total magnification of approximately 400 X and a numerical aperture of 
0.65 to 0.75. The microscope shall also be fitted with a green or blue 
filter.
    9. The microscope shall be fitted with a Walton-Beckett eyepiece 
graticule calibrated for a field diameter of 100 micrometers 
( 2 micrometers).
    10. The phase-shift detection limit of the microscope shall be about 
3 degrees measured using the HSE phase shift test slide as outlined 
below.
    a. Place the test slide on the microscope stage and center it under 
the phase objective.
    b. Bring the blocks of grooved lines into focus.

    Note: The slide consists of seven sets of grooved lines (ca. 20 
grooves to each block) in descending order of visibility from sets 1 to 
7, seven being the least visible. The requirements for asbestos counting 
are that the microscope optics must resolve the grooved lines in set 3 
completely, although they may appear somewhat faint, and that the 
grooved lines in sets 6 and 7 must be invisible. Sets 4 and 5 must be at 
least partially visible but may vary slightly in visibility between 
microscopes. A microscope that fails to meet these requirements has 
either too low or too high a resolution to be used for asbestos 
counting.

    c. If the image deteriorates, clean and adjust the microscope 
optics. If the problem persists, consult the microscope manufacturer.
    11. Each set of samples taken will include 10 percent blanks or a 
minimum of 2 blanks. The blank results shall be averaged and subtracted 
from the analytical results before reporting. Any samples represented by 
a blank having a fiber count in excess of 7 fibers/100 fields shall be 
rejected.
    12. The samples shall be mounted by the acetone/triacetin method or 
a method with an equivalent index of refraction and similar clarity.
    13. Observe the following counting rules.
    a. Count only fiber equal to or longer than 5 micrometers. Measure 
the length of curved fibers along the curve.
    b. In the absence of other information, count all particles as 
asbestos that have a length-to-width ratio (aspect ratio) of 3:1 or 
greater.
    c. Fibers lying entirely within the boundary of the Walton-Beckett 
graticule field shall receive a count of 1. Fibers crossing the boundary 
once, having one end within the circle, shall receive the count of one-
half (\1/2\). Do not count any fiber that crosses the graticule boundary 
more than once. Reject and do not count any other fibers even though 
they may be visible outside the graticule area.
    d. Count bundles of fibers as one fiber unless individual fibers can 
be identified by observing both ends of an individual fiber.
    e. Count enough graticule fields to yield 100 fibers. Count a 
minimum of 20 fields; stop counting at 100 fields regardless of fiber 
count.
    14. Blind recounts shall be conducted at the rate of 10 percent.

                       Quality Control Procedures

    1. Intralaboratory program. Each laboratory and/or each company with 
more than one microscopist counting slides shall establish a 
statistically designed quality assurance program involving blind 
recounts and comparisons between microscopists to monitor the 
variability of counting by each microscopist and between microscopists. 
In a company with more than one laboratory, the program shall include 
all laboratories and shall also evaluate the laboratory-to-laboratory 
variability.

[[Page 589]]

    2. Interlaboratory program. Each laboratory analyzing asbestos 
samples for compliance determination shall implement an interlaboratory 
quality assurance program that as a minimum includes participation of at 
least two other independent laboratories. Each laboratory shall 
participate in round robin testing at least once every 6 months with at 
least all the other laboratories in its interlaboratory quality 
assurance group. Each laboratory shall submit slides typical of its own 
work load for use in this program. The round robin shall be designed and 
results analyzed using appropriate statistical methodology.
    3. All individuals performing asbestos analysis must have taken the 
NIOSH course for sampling and evaluating airborne asbestos dust or an 
equivalent course.
    4. When the use of different microscopes contributes to differences 
between counters and laboratories, the effect of the different 
microscope shall be evaluated and the microscope shall be replaced, as 
necessary.
    5. Current results of these quality assurance programs shall be 
posted in each laboratory to keep the microscopists informed.

Appendix B to Sec. 763.121--Detailed Procedure for Asbestos Sampling and 
                         Analysis--Non-Mandatory

    This appendix contains a detailed procedure for sampling and 
analysis and includes those critical elements specified in Appendix A of 
this section. Employers are not required to use this procedure, but they 
are required to use Appendix A of this section. The purpose of Appendix 
B of this section is to provide a detailed step-by-step sampling and 
analysis procedure that conforms to the elements specified in Appendix A 
of this section. Since this procedure may also standardize the analysis 
and reduce variability, EPA encourages employers to use this appendix.
    Technique: Microscopy, Phase Contrast.
    Analyte: Fibers (manual count).
    Sample Preparation: Acetone/triacetin method.
    Calibration: Phase-shift detection limit about 3 degrees.
    Range: 100 to 1,300 fibers/mm \2\ filter area.
    Estimated Limit of Detection: 7 fibers/mm \2\ filter area.
    Sampler: Filter (0.8-1.2 m mixed cellulose ester membrane, 
25-mm diameter).
    Flow Rate: 0.5 L/min to 2.5 L/min (25-mm cassette); 1.0 L/min to 2.5 
L/min (37-mm cassette).
    Sample Volume: Adjust to obtain 100 to 1,300 fibers/mm \2\.
    Shipment: Routine.
    Sample Stability: Indefinite.
    Blanks: 10% of samples (minimum 2).
    Standard Analytical Error: 0.25.
    Applicability: The working range is 0.02 f/cc (1920-L air sample) to 
1.25 f/cc (400-L sample). The method gives an index of airborne asbestos 
fibers but may be used for other materials such as fibrous glass by 
inserting suitable parameters into the counting rules. The method does 
not differentiate between asbestos and other fibers. Asbestos fibers 
less than ca. 0.25 m diameter will not be detected by this 
method.
    Interferences: Any other airborne fiber may interfere since all 
particles meeting the counting criteria are counted. Chain-like 
particles may appear fibrous. High levels of nonfibrous dust particles 
may obscure fibers in the field of view and raise the detection limit.
    Reagents:
    1. Acetone.
    2. Triacetin (glycerol triacetate), reagent grade.
    Special Precautions: Acetone is an extremely flammable liquid and 
precautions must be taken not to ignite it. Heating of acetone must be 
done in a ventilated laboratory fume hood using a flameless, spark-free 
heat source.
    Equipment:
    1. Collection device: 25-mm cassette with 50-mm electrically 
conductive extension cowl with cellulose ester filter, 0.8 to 1.2 mm 
pore size and backup pad.

    Note: Analyze representative filters for fiber background before use 
and discard the filter lot if more than 5 fibers/100 fields are found.

    2. Personal sampling pump, greater than or equal to 0.5 l/min, with 
flexible connecting tubing.
    3. Microscope, phase contrast, with green or blue filter, 8 to 10X 
eyepiece, and 40 to 45X phase objective (total magnification ca. 400X); 
numerical aperture=0.65 to 0.75.
    4. Slides, glass, single-frosted, pre-cleaned, 25 x 75 mm.
    5. Cover slips, 25 x 25 mm, No. 1\1/2\ unless otherwise specified by 
microscope manufacturer.
    6. Knife, 1 surgical steel, curved blade.
    7. Tweezers.
    8. Flask, Guth-type, insulated neck, 250 to 500 mL (with single-
holed rubber stopper and elbow-jointed glass tubing, 16 to 22 cm long).
    9. Hotplate, spark-free, stirring type; heating mantle; or infrared 
lamp and magnetic stirrer.
    10. Syringe, hypodermic, with 22-gauge needle.
    11. Graticule, Walton-Beckett type with 100 m diameter 
circular field at the specimen plane (area=0.00785 mm \2\), (Type G-22).

    Note: The graticule is custom-made for each microscope.

    12. HSE/NPL phase contrast test slide, Mark II.
    13. Telescope, ocular phase-ring centering.
    14. Stage micrometer (0.01 mm divisions).

[[Page 590]]

                                Sampling

    1. Calibrate each personal sampling pump with a representative 
sampler in line.
    2. Fasten the sampler to the worker's lapel as close as possible to 
the worker's mouth. Remove the top cover from the end of the cowl 
extension (open face) and orient face down. Wrap the joint between the 
extender and the monitor's body with shrink tape to prevent air leaks.
    3. Submit at least two blanks (or 10 percent of the total samples, 
whichever is greater) for each set of samples. Remove the caps from the 
field blank cassettes and store the caps and cassettes in a clean area 
(bag or box) during the sampling period. Replace the caps in the 
cassettes when sampling is completed.
    4. Sample at 0.5 L/min or greater. Do not exceed 1 mg total dust 
loading on the filter. Adjust sampling flow rate, Q (L/min), and time to 
produce a fiber density, E (fibers/ mm\2\), of 100 to 1,300 fibers/m\2\ 
[3.85 x 10\4\ to 5 x 10\5\ fibers per 25-mm filter with effective 
collection area (Ac=385 mm\2\)] for optimum counting precision (see 
step 21 below). Calculate the minimum sampling time, tminimum (min) 
at the action level (one-half of the current standard), L (f/cc) of the 
fibrous aerosol being sampled:

                                                                        
                                                        (Ac)(E)         
          minimum                   =        ---------------------------
                                                       (Q)(L)10         
                                                                        

    5. Remove the field monitor at the end of sampling, replace the 
plastic top cover and small end caps, and store the monitor.
    6. Ship the samples in a rigid container with sufficient packing 
material to prevent jostling or damage.

    Note: Do not use polystyrene foam in the shipping container because 
of electrostatic forces which may cause fiber loss from the sample 
filter.

                           Sample Preparation

    Note: The object is to produce samples with a smooth (nongrainy) 
background in a medium with a refractive index equal to or less than 
1.46. The method below collapses the filter for easier focusing and 
produces permanent mounts which are useful for quality control and 
interlaboratory comparison. Other mounting techniques meeting the above 
criteria may also be used, e.g., the nonpermanent field mounting 
technique used in P & CAM 239.

    7. Ensure that the glass slides and cover slips are free of dust and 
fibers.
    8. Place 40 to 60 ml of acetone into a Guth-type flask. Stopper the 
flask with a single-hole rubber stopper through which a glass tube 
extends 5 to 8 cm into the flask. The portion of the glass tube that 
exits the top of the stopper (8 to 10 cm) is bent downward in an elbow 
that makes an angle of 20 to 30 degrees with the horizontal.
    9. Place the flask in a stirring hotplate or wrap in a heating 
mantle. Heat the acetone gradually to its boiling temperature (ca. 58  
deg.C).
    Caution. The acetone vapor must be generated in a ventilated fume 
hood away from all open flames and spark sources. Alternate heating 
methods can be used, providing no open flame or sparks are present.
    10. Mount either the whole sample filter or a wedge cut from the 
sample filter on a clean glass slide.
    a. Cut wedges of ca. 25 percent of the filter area with a curved-
blade steel surgical knife using a rocking motion to prevent tearing.
    b. Place the filter or wedge, dust side up, on the slide. Static 
electricity will usually keep the filter on the slide until it is 
cleared.
    c. Hold the glass slide supporting the filter approximately 1 to 2 
cm from the glass tube port where the acetone vapor is escaping from the 
heated flask. The acetone vapor stream should cause a condensation spot 
on the glass slide ca. 2 to 3 cm in diameter. Move the glass slide 
gently in the vapor stream. The filter should clear in 2 to 5 sec. If 
the filter curls, distorts, or is otherwise rendered unusable, the vapor 
stream is probably not strong enough. Periodically wipe the outlet port 
with tissue to prevent liquid acetone dripping onto the filter.
    d. Using the hypodermic syringe with a 22-gauge needle, place 1 to 2 
drops of triacetin on the filter. Gently lower a clean 25-mm square 
cover slip down onto the filter at a slight angle to reduce the 
possibility of forming bubbles. If too many bubbles form or the amount 
of triacetin is insufficient, the cover slip may become detached within 
a few hours.
    e. Glue the edges of the cover slip to the glass slide using a 
lacquer or nail polish.

    Note: If clearing is slow, the slide preparation may be heated on a 
hotplate (surface temperature 50 deg.C) for 15 min. to hasten clearing. 
Counting may proceed immediately after clearing and mounting are 
completed.

                     Calibration and Quality Control

    11. Calibration of the Walton-Beckett graticule. The diameter, 
dc (mm), of the circular counting area and the disc diameter must 
be specified when ordering the graticule.
    a. Insert any available graticule into the eyepiece and focus so 
that the graticule lines are sharp and clear.
    b. Set the appropriate interpupillary distance and, if applicable, 
reset the binocular head adjustment so that the magnification remains 
constant.
    c. Install the 40 to 45 X phase objective.

[[Page 591]]

    d. Place a stage micrometer on the microscope object stage and focus 
the microscope on the graduated lines.
    e. Measure the magnified grid length, Lo (um), using the stage 
micrometer.
    f. Remove the graticule from the microscope and measure its actual 
grid length, La (mm). This can best be accomplished by using a 
stage fitted with verniers.
    g. Calculate the circle diameter, dc (mm), for the Walton-
Beckett graticule:

                                                                        
                                              La x D                    
                                    dc    = ---------                   
                                                Lo                      
                                                                        

    Example: If Lo=108 um, La=2.93 mm and D=100 um, then 
dc=2.71 mm.
    h. Check the field diameter, D(acceptable range 100 mm 2 
mm) with a stage micrometer upon receipt of the graticule from the 
manufacturer. Determine field area (mm\2\).
    12. Microscope adjustments. Follow the manufacturer's instructions 
and also the following:
    a. Adjust the light source for even illumination across the field of 
view at the condenser iris.

    Note: Kohler illumination is preferred, where available.

    b. Focus on the particulate material to be examined.
    c. Make sure that the field iris is in focus, centered on the 
sample, and open only enough to fully illuminate the field of view.
    d. Use the telescope ocular supplied by the manufacturer to ensure 
that the phase rings (annular diaphragm and phase-shifting elements) are 
concentric.
    13. Check the phase-shift detection limit of the microscope 
periodically.
    a. Remove the HSE/NPL phase-contrast test slide from its shipping 
container and center it under the phase objective.
    b. Bring the blocks of grooved lines into focus.

    Note: The slide consists of seven sets of grooves (ca. 20 grooves to 
each block) in descending order of visibility from sets 1 to 7. The 
requirements for counting are that the microscope optics must resolve 
the grooved lines in set 3 completely, although they may appear somewhat 
faint, and that the grooved lines in sets 6 to 7 must be invisible. Sets 
4 and 5 must be at least partially visible but may vary slightly in 
visibility between microscopes. A microscope which fails to meet these 
requirements has either too low or too high a resolution to be used for 
asbestos counting.

    c. If the image quality deteriorates, clean the microscope optics 
and, if the problem persists, consult the microscope manufacturer.
    14. Quality control of fiber counts.
    a. Prepare and count field blanks along with the field samples. 
Report the counts on each blank. Calculate the mean of the field blank 
counts and subtract this value from each sample count before reporting 
the results.

    Note 1: The identity of the blank filters should be unknown to the 
counter until all counts have been completed.
    Note 2: If a field blank yields fiber counts greater than 7 fibers/
100 fields, report possible contamination of the samples.

    b. Perform blind recounts by the same counter on 10 percent of 
filters counted (slides relabeled by a person other than the counter).
    15. Use the following test to determine whether a pair of counts on 
the same filter should be rejected because of possible bias. This 
statistic estimates the counting repeatability at the 95 percent 
confidence level. Discard the sample if the difference between the two 
counts exceeds 2.77 (F)sr where F=average of the two fiber counts 
and sr=relative standard deviation, which should be derived by each 
laboratory based on historical in-house data.

    Note: If a pair of counts is rejected as a result of this test, 
recount the remaining samples in the set and test the new counts against 
the first counts. Discard all rejected paired counts.

    16. Enroll each new counter in a training course that compares 
performance of counters on a variety of samples using this procedure.

    Note: To ensure good reproducibility, all laboratories engaged in 
asbestos counting are required to participate in the Proficiency 
Analytical Testing (PAT) Program and should routinely participate with 
other asbestos fiber counting laboratories in the exchange of field 
samples to compare performance of counters.

                               Measurement

    17. Place the slide on the mechanical stage of the calibrated 
microscope with the center of the filter under the objective lens. Focus 
the microscope on the plane of the filter.
    18. Regularly check phase-ring alignment and Kohler illumination.
    19. The following are the counting rules:
    a. Count only fibers longer than 5 um. Measure the length of curved 
fibers along the curve.
    b. Count only fibers with a length-to-width ratio equal to or 
greater than 3:1.
    c. For fibers that cross the boundary of the graticule field, do the 
following:
    (1) Count any fiber longer than 5 um that lies entirely within the 
graticule area.
    (2) Count as \1/2\ fiber any fiber with only one end lying within 
the graticule area.

[[Page 592]]

    (3) Do not count any fiber that crosses the graticule boundary more 
than once.
    (4) Reject and do not count all other fibers.
    d. Count bundles of fibers as one fiber unless individual fibers can 
be identified by observing both ends of a fiber.
    e. Count enough graticule fields to yield 100 fibers. Count a 
minimum of 20 fields. Stop at 100 fields regardless of fiber count.
    20. Start counting from one end of the filter and progress along a 
radial line to the other end, shift either up or down on the filter, and 
continue in the reverse direction. Select fields randomly by looking 
away from the eyepiece briefly while advancing the mechanical stage. 
When an agglomerate covers ca. \1/6\ or more of the field of view, 
reject the field and select another. Do not report rejected fields in 
the number of total fields counted.

    Note: When counting a field, continuously scan a range of focal 
planes by moving the fine focus knob to detect very fine fibers which 
have become embedded in the filter. The small-diameter fibers will be 
very faint but are an important contribution to the total count.

                              Calculations

    21. Calculate and report fiber density on the filter, E (fibers/
mm2); by dividing the total fiber count, F; minus the mean field 
blank count, B, by the number of fields, n; and the field area, Af 
(0.00785 mm2 for a properly calibrated Walton-Beckett graticule):

                                                                        
                       E=(F/nf-(B/nb) fibers/mm\2\                      
-------------------------------------------------------------------------
                                   Af                                   
                                                                        

where:
  nf--number of fields in submission sample
  nb--number of fields in bulk sample

    22. Calculate the concentration, C (f/cc), of fibers in the air 
volume sampled, V (L), using the effective collection area of the 
filter, Ac (385 mm2 for a 25-mm filter):

                                                                        
                                           (E)(Ac)                      
                                    C=  ------------                    
                                           V(103)                       
                                                                        

    Note: Periodically check and adjust the value of Ac, if 
necessary.

  Appendix C to Sec. 763.121--Qualitative and Quantitative Fit Testing 
                          Procedures--Mandatory

                     Qualitative Fit Test Protocols

                       I. Isoamyl Acetate Protocol

    A. Odor Threshold Screening. 1. Three 1-liter glass jars with metal 
lids (e.g. Mason or Bell jars) are required.
    2. Odor-free water (e.g. distilled or spring water) at approximately 
25 deg. shall be used for the solutions.
    3. The isoamyl acetate (IAA) (also known as isopentyl acetate) stock 
solution is prepared by adding 1 cc of pure IAA to 800 cc of odor-free 
water in a 1-liter jar and shaking for 30 seconds. This solution shall 
be prepared new at least weekly.
    4. The screening test shall be conducted in a room separate from the 
room used for actual fit testing. The two rooms shall be well ventilated 
but shall not be connected to the same recirculating ventilation system.
    5. The odor test solution is prepared in a second jar by placing 0.4 
cc of the stock solution into 500 cc of odor-free water using a clean 
dropper or pipette. Shake for 30 seconds and allow to stand for two to 
three minutes so that the IAA concentration above the liquid may reach 
equilibrium. This solution may be used for only one day.
    6. A test blank is prepared in a third jar by adding 500 cc of odor-
free water.
    7. The odor test and test blank jars shall be labeled 1 and 2 for 
jar identification. If the labels are put on the lids they can be 
periodically peeled, dried off and switched to maintain the integrity of 
the test.
    8. The following instructions shall be typed on a card and placed on 
the table in front of the two test jars (i.e. 1 and 2): ``The purpose of 
this test is to determine if you can smell banana oil at a low 
concentration. The two bottles in front of you contain water. One of 
these bottles also contains a small amount of banana oil. Be sure the 
covers are on tight, then shake each bottle for two seconds. Unscrew the 
lid of each bottle, one at a time, and sniff at the mouth of the bottle. 
Indicate to the test conductor which bottle contains banana oil.''
    9. The mixtures used in the IAA odor detection test shall be 
prepared in an area separate from where the test is performed, in order 
to prevent olfactory fatigue in the subject.
    10. If the test subject is unable to identify correctly the jar 
containing the odor test solution, the IAA qualitative fit test may not 
be used.
    11. If the test subject correctly identifies the jar containing the 
odor test solution, the test subject may proceed to respirator selection 
and fit testing.
    B. Respirator selection. 1. The test subject shall be allowed to 
pick the most comfortable respirator from a selection including 
respirators of various sizes from different manufacturers. The selection 
shall include at least five sizes of elastomeric half facepieces, from 
at least two manufacturers.
    2. The selection process shall be conducted in a room separate from 
the fit-test chamber to prevent odor fatigue. Prior to the selection 
process, the test subject shall be shown how to put on a respirator, how 
it should be

[[Page 593]]

positioned on the face, how to set strap tension and how to determine a 
``comfortable'' respirator. A mirror shall be available to assist the 
subject in evaluating the fit and positioning of the respirator. This 
instruction may not constitute the subject's formal training on 
respirator use, as it is only a review.
    3. The test subject should understand that the employee is being 
asked to select the respirator which provides the most comfortable fit. 
Each respirator represents a different size and shape and, if fitted 
properly and used properly, will provide adequate protection.
    4. The test subject holds each facepiece up to the face and 
eliminates those which obviously do not give a comfortable fit. 
Normally, selection will begin with a half-mask and if a good fit cannot 
be found, the subject will be asked to test the full facepiece 
respirators. (A small percentage of users will not be able to wear any 
half-mask.)
    5. The more comfortable facepieces are noted; the most comfortable 
mask is donned and worn at least five minutes to assess comfort. All 
donning and adjustments of the facepieces shall be performed by the test 
subject without assistance from the test conductor or other person. 
Assistance in assessing comfort can be given by discussing the points of 
6 below. If the test subject is not familiar with using a particular 
respirator, the test subject shall be directed to don the mask several 
times and to adjust the straps each time to become adept at setting 
proper tension on the straps.
    6. Assessment of comfort shall include reviewing the following 
points with the test subject and allowing the test subject adequate time 
to determine the comfort of the respirator:
     Positioning of mask on nose.
     Room for eye protection.
     Room to talk
     Positioning mask on face and cheeks.
    7. The following criteria shall be used to help determine the 
adequacy of the respirator fit:
     Chin properly placed.
     Strap tension.
     Fit across nose bridge.
     Distance from nose to chin.
     Tendency to slip.
     Self-observation in mirror.
    8. The test subject shall conduct the conventional negative and 
positive-pressure fit checks (e.g. see ANSI Z88.2-1980). Before 
conducting the negative- or positive-pressure test, the subject shall be 
told to ``seat'' the mask by rapidly moving the head from side-to-side 
and up and down, while taking a few deep breaths.
    9. The test subject is now ready for fit testing.
    10. After passing the fit test, the test subject shall be questioned 
again regarding the comfort of the respirator. If it has become 
uncomfortable, another model of respirator shall be tried.
    11. The employee shall be given the opportunity to select a 
different facepiece and be retested if the chosen facepiece becomes 
increasingly uncomfortable at any time.
    C. Fit test. 1. The fit test chamber shall be similar to a clear 55 
gallon drum liner suspended inverted over a 2 foot diameter frame, so 
that the top of the chamber is about 6 inches above the test subject's 
head. The inside top center of the chamber shall have a small hook 
attached.
    2. Each respirator used for the fitting and fit testing shall be 
equipped with organic vapor cartridges or offer protection against 
organic vapors. The cartridges or masks shall be changed at least 
weekly.
    3. After selection, donning, and properly adjusting a respirator, 
the test subject shall wear it to the fit testing room. This room shall 
be separate from the room used for odor threshold screening and 
respirator selection, and shall be well ventilated, as by an exhaust fan 
or lab hood, to prevent general room contamination.
    4. A copy of the following test exercises and rainbow passage shall 
be taped to the inside of the test chamber:

                             Test Exercises

    i. Breathe normally.
    ii. Breathe deeply. Be certain breaths are deep and regular.
    iii. Turn head all the way from one side to the other. Inhale on 
each side. Be certain movement is complete. Do not bump the respirator 
against the shoulders.
    iv. Nod head up-and-down. Inhale when head is in the full up 
position (looking toward ceiling). Be certain motions are complete and 
made about every second. Do not bump the respirator on the chest.
    v. Talking. Talk aloud and slowly for several minutes. The following 
paragraph is called the Rainbow Passage. Reading it will result in a 
wide range of facial movements, and thus be useful to satisfy this 
requirement. Alternative passages which serve the same purpose may also 
be used.
    vi. Jogging in place.
    vii. Breathe normally.
    Rainbow Passage. When the sunlight strikes raindrops in the air, 
they act like a prism and form a rainbow. The rainbow is a division of 
white light into many beautiful colors. These take the shape of a long 
round arch, with its path high above, and its two ends apparently beyond 
the horizon. There is, according to legend, a boiling pot of gold at one 
end. People look, but no one ever finds it. When a man looks for 
something beyond reach, his friends say he is looking for the pot of 
gold at the end of the rainbow.

[[Page 594]]

    5. Each test subject shall wear the respirator for at least 10 
minutes before starting the fit test.
    6. Upon entering the test chamber, the test subject shall be given a 
6 inch by 5 inch piece of paper towel or other porous absorbent single 
ply material, folded in half and wetted with three-quarters of one cc of 
pure IAA. The test subject shall hang the wet towel on the hook at the 
top of the chamber.
    7. Allow two minutes for the IAA test concentration to be reached 
before starting the fit-test exercises. This would be an appropriate 
time to talk with the test subject, to explain the fit test, the 
importance of cooperation, the purpose for the head exercises, or to 
demonstrate some of the exercises.
    8. Each exercise described in 4 above shall be performed for at 
least one minute.
    9. If at any time during the test, the subject detects the banana-
like odor of IAA, the test has failed. The subject shall quickly exit 
from the test chamber and leave the test area to avoid olfactory 
fatigue.
    10. If the test is failed, the subject shall return to the selection 
room and remove the respirator, repeat the odor sensitivity test, select 
and put on another respirator, return to the test chamber, and again 
begin the procedure described in the c(4) through c(8) above. The 
process continues until a respirator that fits well has been found. 
Should the odor sensitivity test be failed, the subject shall wait about 
5 minutes before retesting. Odor sensitivity will usually have returned 
by this time.
    11. If a person cannot pass the fit test described above wearing a 
half-mask respirator from the available selection, full facepiece models 
must be used.
    12. When a respirator is found that passes the test, the subject 
breaks the faceseal and takes a breath before exiting the chamber. This 
is to assure that the reason the test subject is not smelling the IAA is 
the good fit of the respirator facepiece seal and not olfactory fatigue.
    13. When the test subject leaves the chamber, the subject shall 
remove the saturated towel and return it to the person conducting the 
test. To keep the area from becoming contaminated, the used towels shall 
be kept in a self-sealing bag so there is no significant IAA 
concentration buildup in the test chamber during subsequent tests.
    14. At least two facepieces shall be selected for the IAA test 
protocol. The test subject shall be given the opportunity to wear them 
for one week to choose the one which is more comfortable to wear.
    15. Persons who have successfully passed this fit test with a half-
mask respirator may be assigned the use of the test respirator in 
atmospheres with up to 10 times the PEL of airborne asbestos.
    16. The test shall not be conducted if there is any hair growth 
between the skin and the facepiece sealing surface.
    17. If hair growth or apparel interfere with a satisfactory fit, 
then they shall be altered or removed so as to eliminate interference 
and allow a satisfactory fit. If a satisfactory fit is still not 
attained, the test subject must use a positive-pressure respirator such 
as powered air-purifying respirators, supplied air respirator, or self-
contained breathing apparatus.
    18. If a test subject exhibits difficulty in breathing during the 
tests, she or he shall be referred to a physician trained in respirator 
diseases or pulmonary medicine to determine whether the test subject can 
wear a respirator while performing her or his duties.
    19. Qualitative fit testing shall be repeated at least every six 
months.
    20. In addition, because the sealing of the respirator may be 
affected, qualitative fit testing shall be repeated immediately when the 
test subject has a:
    (1) Weight change of 20 pounds or more,
    (2) Significant facial scarring in the area of the facepiece seal.
    (3) Significant dental changes; i.e., multiple extractions without 
prosthesis, or acquiring dentures.
    (4) Reconstructive or cosmetic surgery, or
    (5) Any other condition that may interfere with facepiece sealing.
    D. Recordkeeping. A summary of all test results shall be maintained 
in each office for 3 years. The summary shall include:
    (1) Name of test subject.
    (2) Date of testing.
    (3) Name of the test conductor.
    (4) Respirators selected (indicate manufacturer, model, size and 
approval number).
    (5) Testing agent.

                 II. Saccharin Solution Aerosol Protocol

    A. Respirator selection. Respirators shall be selected as described 
in section IB (respirator selection) above, except that each respirator 
shall be equipped with a particulate filter.
    B. Taste threshold screening. 1. An enclosure about head and 
shoulders shall be used for threshold screening (to determine if the 
individual can taste saccharin) and for fit testing. The enclosure shall 
be approximately 12 inches in diameter by 14 inches tall with at least 
the front clear to allow free movement of the head when a respirator is 
worn.
    2. The test enclosure shall have a three-quarter inch hole in front 
of the test subject's nose and mouth area to accommodate the nebulizer 
nozzle.
    3. The entire screening and testing procedure shall be explained to 
the test subject prior to conducting the screening test.
    4. During the threshold screening test, the test subject shall don 
the test enclosure and

[[Page 595]]

breathe with mouth open with tongue extended.
    5. Using a DeVilbiss Model 40 Inhalation Medication Nebulizer or 
equivalent, the test conductor shall spray the threshold check solution 
into the enclosure. This nebulizer shall be clearly marked to 
distinquish it from the fit test solution nebulizer.
    6. The threshold check solution consists of 0.83 gram of sodium 
saccharin, USP in water. It can be prepared by putting 1 cc of the test 
solution (see C.7 below) in 100 cc of water.
    7. To produce the aerosol, the nebulizer bulb is firmly squeezed so 
that it collapses completely, then is released and allowed to expand 
fully.
    8. Ten squeezes of the nebulizer bulb are repeated rapidly and then 
the test subject is asked whether the saccharin can be tasted.
    9. If the first response is negative, ten more squeezes of the 
nebulizer bulb are repeated rapidly and the test subject is again asked 
whether the saccharin can be tasted.
    10. If the second response is negative, ten more squeezes are 
repeated rapidly and the test subject is again asked whether the 
saccharin can be tasted.
    11. The test conductor will take note of the number of squeezes 
required to elicit a taste response.
    12. If the saccharin is not tasted after 30 squeezes (Step 10), the 
saccharin fit test cannot be performed on the test subject.
    13. If a taste response is elicited, the test subject shall be asked 
to take note of the taste for reference in the fit test.
    14. Correct use of the nebulizer means that approximately 1 cc of 
liquid is used at a time in the nebulizer body.
    15. The nebulizer shall be thoroughly rinsed in water, shaken dry, 
and refilled at least every four hours.
    C. Fit Test. 1. The test subject shall don and adjust the respirator 
without assistance from any person.
    2. The fit test uses the same enclosure described in IIB above.
    3. Each test subject shall wear the respirator for at least 10 
minutes before starting the fit test.
    4. The test subject shall don the enclosure while wearing the 
respirator selected in section IB above. This respirator shall be 
properly adjusted and equipped with a particulate filter.
    5. The test subject may not eat, drink (except plain water), or chew 
gum for 15 minutes before the test.
    6. A second DeVilbiss Model 40 Inhalation Medication Nebulizer is 
used to spray the fit test solution into the enclosure. This nebulizer 
shall be clearly marked to distinquish it from the screening test 
solution nebulizer.
    7. The fit test solution is prepared by adding 83 grams of sodium 
saccharin to 100 cc of warm water.
    8. As before, the test subject shall breathe with mouth open and 
tongue extended.
    9. The nebulizer is inserted into the hole in the front of the 
enclosure and the fit test solution is sprayed into the enclosure using 
the same technique as for the taste threshold screening and the same 
number of squeezes required to elicit a taste response in the screening. 
(See B.8 through B.10 above).
    10. After generation of the aerosol, read the following instructions 
to the test subject. The test subject shall perform the exercises for 
one minute each.
    i. Breathe normally.
    ii. Breathe deeply. Be certain breaths are deep and regular.
    iii. Turn head all the way from one side to the other. Be certain 
movement is complete. Inhale on each side. Do not bump the respirator 
against the shoulders.
    iv. Nod head up-and-down. Be certain motions are complete. Inhale 
when head is in the full up position (when looking toward the ceiling). 
Do not bump the respirator on the chest.
    v. Talking. Talk aloud and slowly for several minutes. The following 
paragraph is called the Rainbow Passage. Reading it will result in a 
wide range of facial movements, and thus be useful to satisfy this 
requirement. Alternative passages which serve the same purpose may also 
be used.
    Rainbow Passage. When the sunlight strikes raindrops in the air, 
they act like a prism and form a rainbow. The rainbow is a division of 
white light into many beautiful colors. These take the shape of a long 
round arch, with its path high above, and its two ends apparently beyond 
the horizon. There is, according to legend, a boiling pot of gold at one 
end. People look, but no one ever finds it. When a man looks for 
something beyond his reach, his friends say he is looking for the pot of 
gold at the end of the rainbow.
    vi. Jogging in place.
    vii. Breathe normally.
    11. At the beginning of each exercise, the aerosol concentration 
shall be replenished using one-half the number of squeezes as initially 
described in C.9.
    12. The test subject shall indicate to the test conductor, if at any 
time during the fit test, the taste of saccharin is detected.
    13. If the saccharin is detected, the fit is deemed unsatisfactory 
and a different respirator shall be tried.
    14. At least two facepieces shall be selected by the saccharin 
solution aerosol test protocol. The test subject shall be given the 
opportunity to wear them for one week to choose the one which is more 
comfortable to wear.
    15. Successful completion of the test protocol shall allow the use 
of the half mask tested respirator in contaminated atmospheres up to 10 
times the PEL of asbestos. In other

[[Page 596]]

words this protocol may be used to assign protection factors no higher 
than ten.
    16. The test shall not be conducted if there is any hair growth 
between the skin and the facepiece sealing surface.
    17. If hair growth or apparel interfere with a satisfactory fit, 
then they shall be altered or removed so as to eliminate interference 
and allow a satisfactory fit. If a satisfactory fit is still not 
attained, the test subject must use a positive-pressure respirator such 
as powered air-purifying respirators, supplied air respirator, or self-
contained breathing apparatus.
    18. If a test subject exhibits difficulty in breathing during the 
tests, she or he shall be referred to a physician trained in respirator 
diseases or pulmonary medicine to determine whether the test subject can 
wear a respirator while performing her or his duties.
    19. Qualitative fit testing shall be repeated at least every six 
months.
    20. In addition, because the sealing of the respirator may be 
affected, qualitative fit testing shall be repeated immediately when the 
test subject has a:
    (1) Weight change of 20 pounds or more,
    (2) Significant facial scarring in the area of the facepiece seal,
    (3) Significant dental changes; i.e., multiple extractions without 
prosthesis, or acquiring dentures,
    (4) Reconstructive or cosmetic surgery, or
    (5) Any other condition that may interfere with facepiece sealing.
    D. Recordkeeping. A summary of all test results shall be maintained 
in each office for 3 years. The summary shall include:
    (1) Name of test subject.
    (2) Date of testing.
    (3) Name of test conductor.
    (4) Respirators selected (indicate manufacturer, model, size and 
approval number).
    (5) Testing agent.

                       III. Irritant Fume Protocol

    A. Respirator selection. Respirators shall be selected as described 
in section IB above, except that each respirator shall be equipped with 
a high-efficiency cartridge.
    B. Fit test. 1. The test subject shall be allowed to smell a weak 
concentration of the irritant smoke to familiarize the subject with the 
characteristic odor.
    2. The test subject shall properly don the respirator selected as 
above, and wear it for at least 10 minutes before starting the fit test.
    3. The test conductor shall review this protocol with the test 
subject before testing.
    4. The test subject shall perform the conventional positive pressure 
and negative pressure fit checks (see ANSI Z88.2 1980). Failure of 
either check shall be cause to select an alternate respirator.
    5. Break both ends of a ventilation smoke tube containing stannic 
oxychloride, such as the MSA part 5645, or equivalent. Attach a short 
length of tubing to one end of the smoke tube. Attach the other end of 
the smoke tube to a low pressure air pump set to deliver 200 milliliters 
per minute.
    6. Advise the test subject that the smoke can be irritating to the 
eyes and instruct the subject to keep the eyes closed while the test is 
performed.
    7. The test conductor shall direct the stream of irritant smoke from 
the tube towards the faceseal area of the test subject. The person 
conducting the test shall begin with the tube at least 12 inches from 
the facepiece and gradually move to within one inch, moving around the 
whole perimeter of the mask.
    8. The test subject shall be instructed to do the following 
exercises while the respirator is being challenged by the smoke. Each 
exercise shall be performed for one minute.
    i. Breathe normally.
    ii. Breathe deeply. Be certain breaths are deep and regular.
    iii. Turn head all the way from one side to the other. Be certain 
movement is complete. Inhale on each side. Do not bump the respirator 
against the shoulders.
    iv. Nod head up-and-down. Be certain motions are complete and made 
every second. Inhale when head is in the full up position (looking 
toward ceiling). Do not bump the respirator against the chest.
    v. Talking. Talk aloud and slowly for several minutes. The following 
paragraph is called the Rainbow Passage. Repeating it after the test 
conductor (keeping eyes closed) will result in a wide range of facial 
movements, and thus be useful to satisfy this requirement. Alternative 
passages which serve the same purpose may also be used.
    Rainbow Passage. When the sunlight strikes raindrops in the air, 
they act like a prism and form a rainbow. The rainbow is a division of 
white light into many beautiful colors. These take the shape of a long 
round arch, with its path high above, and its two ends apparently beyond 
the horizon. There is, according to legend, a boiling pot of gold at one 
end. People look, but no one ever finds it. When a man looks for 
something beyond his reach, his friends say he is looking for the pot of 
gold at the end of the rainbow.
    vi. Jogging in place.
    vii. Breathe normally.
    9. The test subject shall indicate to the test conductor if the 
irritant smoke is detected. If smoke is detected, the test conductor 
shall stop the test. In this case, the tested respirator is rejected and 
another respirator shall be selected.
    10. Each test subject passing the smoke test (i.e. without detecting 
the smoke) shall be given a sensitivity check of smoke from

[[Page 597]]

the same tube to determine if the test subject reacts to the smoke. 
Failure to evoke a response shall void the fit test.
    11. Steps B4, B9, B10 of this fit test protocol shall be performed 
in a location with exhaust ventilation sufficient to prevent general 
contamination of the testing area by the test agents.
    12. At least two facepieces shall be selected by the irritant fume 
test protocol. The test subject shall be given the opportunity to wear 
them for one week to choose the one which is more comfortable to wear.
    13. Respirators successfully tested by the protocol may be used in 
contaminated atmospheres up to ten times the PEL of asbestos.
    14. The test shall not be conducted if there is any hair growth 
between the skin and the facepiece sealing surface.
    15. If hair growth or apparel interfere with a satisfactory fit, 
then they shall be altered or removed so as to eliminate interference 
and allow a satisfactory fit. If a satisfactory fit is still not 
attained, the test subject must use a positive-pressure respirator such 
as powered air-purifying respirators, supplied air respirator, or self-
contained breathing apparatus.
    16. If a test subject exhibits difficulty in breathing during the 
tests, she or he shall be referred to a physician trained in respiratory 
diseases or pulmonary medicine to determine whether the test subject can 
wear a respirator while performing her or his duties.
    17. Qualitative fit testing shall be repeated at least every six 
months.
    18. In addition, because the sealing of the respirator may be 
affected, qualitative fit testing shall be repeated immediately when the 
test subject has a:
    (1) Weight change of 20 pounds or more,
    (2) Significant facial scarring in the area of the facepiece seal,
    (3) Significant dental changes; i.e., multiple extractions without 
prosthesis, or acquiring dentures,
    (4) Reconstructive or cosmetic surgery, or
    (5) Any other condition that may interfere with facepiece sealing.
    C. Recordkeeping. A summary of all test results shall be maintained 
in each office for 3 years. The summary shall include:
    (1) Name of test subject.
    (2) Date of testing.
    (3) Name of test conductor.
    (4) Respirators selected (indicate manufacturer, model, size and 
approval number).
    (5) Testing agent.

                    Quantitative Fit Test Procedures

                               1. General

    a. The method applies to the negative-pressure nonpowered air-
purifying respirators only.
    b. The employer shall assign one individual who shall assume the 
full responsibility for implementing the respirator quantitative fit 
test program.

                             2. Definitions

    a. ``Quantitative Fit Test'' means the measurement of the 
effectiveness of a respirator seal in excluding the ambient atmosphere. 
The test is performed by dividing the measured concentration of 
challenge agent in a test chamber by the measured concentration of the 
challenge agent inside the respirator facepiece when the normal air 
purifying element has been replaced by an essentially perfect purifying 
element.
    b. ``Challenge Agent'' means the air contaminant introduced into a 
test chamber so that its concentration inside and outside the respirator 
may be compared.
    c. ``Test Subject'' means the person wearing the respirator for 
quantitative fit testing.
    d. ``Normal Standing Position'' means standing erect and straight 
with arms down along the sides and looking straight ahead.
    e. ``Fit Factor'' means the ratio of challenge agent concentration 
outside with respect to the inside of a respirator inlet covering 
(facepiece or enclosure).

                              3. Apparatus

    a. Instrumentation. Corn oil, sodium chloride or other appropriate 
aerosol generation, dilution, and measurement systems shall be used for 
quantitative fit test.
    b. Test chamber. The test chamber shall be large enough to permit 
all test subjects to perform freely all required exercises without 
distributing the challenge agent concentration or the measurement 
apparatus. The test chamber shall be equipped and constructed so that 
the challenge agent is effectively isolated from the ambient air yet 
uniform in concentration throughout the chamber.
    c. When testing air-purifying respirators, the normal filter or 
cartridge element shall be replaced with a high-efficiency particulate 
filter supplied by the same manufacturer.
    d. The sampling instrument shall be selected so that a strip chart 
record may be made of the test showing the rise and fall of challenge 
agent concentration with each inspiration and expiration at fit factors 
of at least 2,000.
    e. The combination of substitute air-purifying elements (if any), 
challenge agent, and challenge agent concentration in the test chamber 
shall be such that the test subject is not exposed in excess of PEL to 
the challenge agent at any time during the testing process.
    f. The sampling port on the test specimen respirator shall be placed 
and constructed so that there is no detectable leak around the

[[Page 598]]

port, a free air flow is allowed into the sampling line at all times and 
so there is no interference with the fit or performance of the 
respirator.
    g. The test chamber and test set-up shall permit the person 
administering the test to observe one test subject inside the chamber 
during the test.
    h. The equipment generating the challenge atmosphere shall maintain 
the concentration of challenge agent constant within a 10 percent 
variation for the duration of the test.
    i. The time lag (interval between an event and its being recorded on 
the strip chart) of the instrumentation may not exceed 2 seconds.
    j. The tubing for the test chamber atmosphere and for the respirator 
sampling port shall be the same diameter, length and material. It shall 
be kept as short as possible. The smallest diameter tubing recommended 
by the manufacturer shall be used.
    k. The exhaust flow from the test chamber shall pass through a high-
efficiency filter before release to the room.
    l. When sodium chloride aerosol is used, the relative humidity 
inside the test chamber shall not exceed 50 percent.

                       4. Procedural Requirements

    a. The fitting of half-mask respirators should be started with those 
having multiple sizes and a variety of interchangeable cartridges and 
canisters such as the MSA Comfo II-M, North M, Survivair M, A-O M, or 
Scott-M. Use either of the tests outlined below to assure that the 
facepiece is properly adjusted.
    (1) Positive pressure test. With the exhaust port(s) blocked, the 
negative pressure of slight inhalation should remain constant for 
several seconds.
    (2) Negative pressure test. With the intake port(s) blocked, the 
negative pressure of slight inhalation should remain constant for 
several seconds.
    b. After a facepiece is adjusted, the test subject shall wear the 
facepiece for at least 5 minutes before conducting a qualitative test by 
using either of the methods described below and using the exercise 
regime described in 5.a., b., c., d. and e.
    (1) Isoamyl acetate test. When using organic vapor cartridges, the 
test subject who can smell the odor should be unable to detect the odor 
of isoamyl acetate squirted into the air near the most vulnerable 
portions of the facepiece seal. In a location which is separated from 
the test area, the test subject shall be instructed to close her/his 
eyes during the test period. A combination cartridge or canister with 
organic vapor and high-efficiency filters shall be used when available 
for the particular mask being tested. The test subject shall be given an 
opportunity to smell the odor of isoamyl acetate before the test is 
conducted.
    (2) Irritant fume test. When using high-efficiency filters, the test 
subject should be unable to detect the odor of irritant fume (stannic 
chloride or titanium tetrachloride ventilation smoke tubes) squirted 
into the air near the most vulnerable portions of the facepiece seal. 
The test subject shall be instructed to close her/his eyes during the 
test period.
    c. The test subject may enter the quantitative testing chamber only 
if she or he has obtained a satisfactory fit as stated in 4.b. of this 
Appendix.
    d. Before the subject enters the test chamber, a reasonably stable 
challenge agent concentration shall be measured in the test chamber.
    e. Immediately after the subject enters the test chamber, the 
challenge agent concentration inside the respirator shall be measured to 
ensure that the peak penetration does not exceed 5 percent for a half-
mask and 1 percent for a full facepiece.
    f. A stable challenge agent concentration shall be obtained prior to 
the actual start of testing.
    g. Respirator restraining straps may not be overtightened for 
testing. The straps shall be adjusted by the wearer to give a reasonably 
comfortable fit typical of normal use.

                           5. Exercise Regime

    Prior to entering the test chamber, the test subject shall be given 
complete instructions as to her/his part in the test procedures. The 
test subject shall perform the following exercises, in the order given, 
for each independent test.
    a. Normal Breathing (NB). In the normal standing position, without 
talking, the subject shall breathe normally for at least one minute.
    b. Deep Breathing (DB). In the normal standing position the subject 
shall do deep breathing for at least one minute pausing so as not to 
hyperventilate.
    c. Turning head side to side (SS). Standing in place the subject 
shall slowly turn his/her head from side between the extreme positions 
to each side. The head shall be held at each extreme position for at 
least 5 seconds. Perform for at least three complete cycles.
    d. Moving head up and down (UD). Standing in place, the subject 
shall slowly move his/her head up and down between the extreme position 
straight up and the extreme position straight down. The head shall be 
held at each extreme position for at least 5 seconds. Perform for at 
least three complete cycles.
    e. Reading (R). The subject (keeping eyes closed) shall repeat after 
the test conductor or the `rainbow passage' at the end of this section. 
The subject shall talk slowly aloud so as to be heard clearly by the 
test conductor or monitor.

[[Page 599]]

    f. Grimace (G). The test subject shall grimace, smile, frown, and 
generally contort the face using the facial muscles. Continue for at 
least 15 seconds.
    g. Bend over and touch toes (B). The test subject shall bend at the 
waist and touch toes and return to upright position. Repeat for at least 
30 seconds.
    h. Jogging in place (J). The test subject shall jog in place for at 
least 30 seconds.
    i. Normal Breathing (NB). Same as exercise a.
    Rainbow Passage. When the sunlight strikes raindrops in the air, 
they act like a prism and form a rainbow. The rainbow is a division of 
white light into many beautiful colors. These take the shape of a long 
round arch, with its path high above, and its two ends apparently beyond 
the horizon. There is, according to legend, a boiling pot of gold at one 
end. People look, but no one ever finds it. When a man looks for 
something beyond reach, his friends say he is looking for the pot of 
gold at the end of the rainbow.

                         6. Termination of Test

    The test shall be terminated whenever any single peak penetration 
exceeds 5 percent for halfmasks and 1 percent for full facepieces. The 
test subject may be refitted and retested. If two of the three required 
tests are terminated, the fit shall be deemed inadequate.

                      7. Calculation of Fit Factors

    a. The fit factor determined by the quantitative fit test equals the 
average concentration inside the respirator.
    b. The average test chamber concentration is the arithmetic average 
of the test chamber concentration at the beginning and the end of the 
test.
    c. The average peak concentration of the challenge agent inside the 
respirator shall be the arithmetic average peak concentrations for each 
of the nine exercises of the test which are computed as the arithmetic 
average of the peak concentrations found for each breath during the 
exercise.
    d. The average peak concentration for an exercise may be determined 
graphically if there is not a great variation in the peak concentrations 
during a single exercise.

                    8. Interpretation of Test Results

    The fit factor measured by the quantitative fit testing shall be the 
lowest of the three protection factors resulting from three independent 
tests.

                          9. Other Requirements

    a. The test subject shall not be permitted to wear a halfmask or 
full facepiece mask if the minimum fit factor of 100 or 1,000, 
respectively, cannot be obtained. If hair growth or apparel interfere 
with a satisfactory fit, then they shall be altered or removed so as to 
eliminate interference and allow a satisfactory fit. If a satisfactory 
fit is still not attained, the test subject must use a positive-pressure 
respirator such as powered air-purifying respirators, supplied air 
respirator, or self-contained breathing apparatus.
    b. The test shall not be conducted if there is any hair growth 
between the skin and the facepiece sealing surface.
    c. If a test subject exhibits difficulty in breathing during the 
tests, she or he shall be referred to a physician trained in respirator 
diseases or pulmonary medicine to determine whether the test subject can 
wear a respirator while performing her or his duties.
    d. The test subject shall be given the opportunity to wear the 
assigned respirator for one week. If the respirator does not provide a 
satisfactory fit during actual use, the test subject may request another 
QNFT which shall be performed immediately.
    e. A respirator fit factor card shall be issued to the test subject 
with the following information:
    (1) Name.
    (2) Date of fit test.
    (3) Protection factors obtained through each manufacturer, model and 
approval number of respirator tested.
    (4) Name and signature of the person that conducted the test.
    f. Filters used for qualitative or quantitative fit testing shall be 
replaced weekly, whenever increased breathing resistance is encountered, 
or when the test agent has altered the integrity of the filter media. 
Organic vapor cartridges/canisters shall be replaced daily or sooner if 
there is any indication of breakthrough by the test agent.

                              10. Retesting

    In addition, because the sealing of the respirator may be affected, 
quantitative fit testing shall be repeated immediately when the test 
subject has a:
    a. Weight change of 20 pounds or more,
    b. Significant facial scarring in the area of the facepiece seal,
    c. Significant dental changes; i.e., multiple extractions without 
prosthesis, or acquiring dentures,
    d. Reconstructive or cosmetic surgery, or
    e. Any other condition that may interfere with facepiece sealing.

                            11. Recordkeeping

    A summary of all test results shall be maintained for 3 years. The 
summary shall include:
    a. Name of test subject.
    b. Date of testing.
    c. Name of the test conductor.
    d. Fit factors obtained from every respirator tested (indicate 
manufacturer, model, size and approval number).

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      Appendix D to Sec. 763.121--Medical Questionnaires--Mandatory

    This mandatory appendix contains the medical questionnaires that 
must be administered to all employees who are exposed to asbestos above 
the action level, and who will therefore be included in their employer's 
medical surveillance program. Part 1 of the appendix contains the 
Initial Medical Questionnaire, which must be obtained for all new hires 
who will be covered by the medical surveillance requirements. Part 2 
includes the abbreviated Periodical Medical Questionnaire, which must be 
administered to all employees who are provided periodic medical 
examinations under the medical surveillance provisions of the standard.

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 Appendix E to Sec. 763.121--Interpretation and Classification of Chest 
                        Roentgenograms--Mandatory

    (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 boldlines of this 
form (items 1 through 4) shall be included. This form is not to be 
submitted to NIOSH.
    (b) Roentgenograms shall be interpreted and classified only by a B-
reader, a board eligible/certified radiologist, or an experienced 
physician with known expertise in pneumoconioses.
    (c) All interpreters, whenever interpreting chest roentgenograms 
made under this section, shall have immediately available for reference 
a complete set of the ILO-U/C International Classification of 
Radiographs for Pneumoconioses, 1980.

[52 FR 5623, Feb. 25, 1987; 52 FR 10817, Mar. 30, 1987; 53 FR 1022, Jan. 
15, 1988]



Sec. 763.122  Exclusions for States.

    (a) The States of Idaho, Kansas, Oklahoma, and Wisconsin have 6 
months or such other reasonable time as suggested by the particular 
State and approved by the Director of the Office of Pollution Prevention 
and Toxics to make their regulations comparable to or more stringent 
than this part, and to submit their regulations to EPA's Office of 
Pollution Prevention and Toxics for review. If in such reasonable time 
after March 27, 1987, any of these States have not so revised their 
regulations and submitted them to EPA, State and local government 
employees in such States shall be covered by the requirements of this 
part.
    (b) Any other State that wishes to be excluded from this rule shall 
send a copy of a regulation which it considers to be comparable to or 
more stringent than this part to EPA's Office of Pollution Prevention 
and Toxics for review. EPA will review the regulation and tentatively 
determine whether the regulation is comparable to or more stringent than 
this part. If EPA makes a positive tentative determination, EPA will 
propose an amendment to this rule excluding that State from coverage. 
Interested persons may comment on the proposed exclusion during the 
period for public comment. After considering any comments, EPA may 
promulgate the final amendment to the rule.



Sec. 763.124  Reporting.

    (a) Employers subject to this rule must report to the Regional 
Asbestos Coordinator for the EPA Region in which the asbestos abatement 
project is located at least 10 days before they begin any asbestos 
abatement project, except one that involves less than either 3 linear 
feet or 3 square feet of friable asbestos material, and an emergency 
project. Employers must report any emergency project covered by this 
rule as soon as possible but in no case more than 48 hours after the 
project begins. A list of the EPA Regional Offices is given under 
Sec. 1.7(b) of this chapter.
    (b) The report must include:
    (1) The employer's name and address.
    (2) The location, including street address, of the asbestos 
abatement project.
    (3) The scheduled starting and completion dates for the asbestos 
abatement project.
    (c) If a report is mailed to EPA, the report must be postmarked at 
least 10 days before the asbestos abatement project begins unless the 
report is for an emergency project. In such a case, the report must be 
postmarked as soon as possible but in no case more than 48 hours after 
the project begins.
    (d) Employers do not have to report under this section if they 
submit a notice to EPA under the National Emission Standard for 
Asbestos, Sec. 61.146 of this chapter, at least 10 days before they 
begin the asbestos abatement project and that notice clearly indicates 
that employees covered by this rule will perform some or all of the 
asbestos abatement work.

[47 FR 23369, May 27, 1982, as amended at 58 FR 34205, June 23, 1993]



Sec. 763.125  Enforcement.

    (a) Failure to comply with any provision of this part is a violation 
of section 15 of the Act (15 U.S.C. 2614).
    (b) Failure or refusal to establish and maintain records or to 
permit access to or copying of records, as required by the Act, is a 
violation of section 15 of the Act (15 U.S.C. 2614).

[[Page 615]]

    (c) Failure or refusal to permit entry or inspection as required by 
section 11 of the Act (15 U.S.C. 2610) is a violation of section 15 of 
the Act (15 U.S.C. 2614).
    (d) Violators may be subject to the civil and criminal penalties in 
section 16 of the Act (15 U.S.C. 2615) for each violation.
    (e) EPA may seek to enjoin an asbestos abatement project in 
violation of this part, or take other actions under the authority of 
section 7 or 17 of the Act (15 U.S.C. 2606 or 2616).



Sec. 763.126  Inspections.

    EPA will conduct inspections under section 11 of the Act (15 U.S.C. 
2610) to ensure compliance with this part.