[Federal Register Volume 59, Number 3 (Wednesday, January 5, 1994)]
[Rules and Regulations]
[Page 542]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-74]

[[Page Unknown]]

[Federal Register: January 5, 1994]



40 CFR Part 61



Asbestos NESHAP Clarification Regarding Analysis of Multi-layered 

AGENCY: Environmental Protection Agency.

ACTION: Notice of clarification to the final rule.


SUMMARY: This document provides clarification regarding the 
requirements of the National Emission Standards for Hazardous Air 
Pollutants (NESHAP) for asbestos. It is intended to address common 
questions regarding situations where one or more layers which may 
contain asbestos are present.

FOR FURTHER INFORMATION CONTACT: Mr. Chris Oh at (703) 308-8732 or Mr. 
Jeffery KenKnight at (703) 308-8728.

SUPPLEMENTARY INFORMATION: On November 20, 1990, the Federal Register 
published the Environmental Protection Agency's (the Agency's) revision 
of the National Emission Standards for Hazardous Air Pollutants for 
Asbestos (asbestos NESHAP), 40 CFR part 61, subpart M, 55 FR 48406. The 
asbestos NESHAP applies to any facility as defined in 40 CFR 61.141. 
The Agency has learned that some of the regulated community have 
questions concerning the analysis of samples which may contain multiple 
layers, any or all of which may be asbestos containing materials (ACM) 
under the asbestos NESHAP. Because these questions are frequently 
asked, EPA is making this clarification.
    This clarification does not supersede, alter, or in any way replace 
the existing asbestos NESHAP. This notice is intended solely as 
guidance and does not represent an action subject to judicial review 
under the section 307(b) of the Clean Air Act or section 704 of the 
Administrative Procedure Act.

I. Clarification of Multi-layered ACM System

    The Environmental Protection Agency has received many questions 
about analyzing multi-layered systems for asbestos content to determine 
the applicability of the asbestos NESHAP. This clarification reiterates 
EPA's position for analysis of multi-layered samples for applicability 
of the asbestos NESHAP.
    In general, when a sample consists of two or more distinct layers 
or materials, each layer should be treated separately and the results 
reported by layer (discrete stratum). Specific examples are given 

Plaster/Stucco Systems

    If plaster and stucco wall or ceiling systems are layered, and the 
layers can be distinguished, then the layers must be analyzed 
separately. Where a plaster or stucco wall system is constructed in 
layers, and the asbestos-containing layer becomes a distinguishable but 
``non-separable'' component of the wall system, the results of the 
analysis of the individual layer(s) may include a small amount of the 
other layers when analyzed (e.g. a skim coat layer may contain a small 
amount of the base coat layer in the analysis of the skim coat layer).

Add-on Materials

    All materials ``added'' to wallboard or other base materials (e.g., 
sprayed-on materials, paint, ceiling or wall texture, etc.) must be 
analyzed separately, if possible. The results of the analysis of those 
individual layers of ``add-on'' material may not be averaged with the 
result of the analysis of wallboard for a composite result, but must be 
analyzed and reported separately. Where a thin coating of one material 
is applied over another material and the materials cannot be separated 
without compromising the layers, the analysis may include a small 
amount of the base layer. If for example, a paint layer containing 
asbestos is spread over a wallboard layer, and the paint layer cannot 
be separated from the wallboard, then a small amount of the wallboard 
layer may be included in the sample of the paint.
    If any of the ``add-on'' materials meet the definition of regulated 
asbestos-containing material (as defined in 40 CFR 61.141), and if at 
least 160 square feet of the material(s) are involved in demolition or 
renovation (whether planned or unplanned during a calendar year), then 
the project would be subject to the asbestos NESHAP.

Joint Compound/Wallboard

    When joint compound and/or tape is applied to wallboard it becomes 
an integral part of the wallboard and in effect becomes one material 
forming a wall system. Therefore, where a demolition or renovation 
impacts such a wall system, a composite analysis of the wall system 
(percent of asbestos in the joint compound, tape and wallboard) should 
be conducted. If the analysis shows an asbestos content of greater than 
one percent and at least 160 square feet of the wall system is involved 
in the demolition or renovation activities (whether planned or 
unplanned, during a calendar year), then the activities would be 
subject to the asbestos NESHAP.

    Dated: December 3, 1993.
John Rasnic,
Director, Stationary Source Compliance Division, Office of Air Quality 
Planning and Standards.
[FR Doc. 94-74 Filed 1-4-94; 8:45 am]