[Federal Register Volume 59, Number 116 (Friday, June 17, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-14815]


[[Page Unknown]]

[Federal Register: June 17, 1994]


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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 61

[FRL-4893-5]

 

Interpretive Rule for Roof Removal Operations Under the Asbestos 
NESHAP

AGENCY: Environmental Protection Agency.

ACTION: Interpretive rule.

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SUMMARY: The Environmental Protection Agency (``EPA'') is today 
publishing an interpretive rule regarding roof removal operations under 
the National Emission Standards for Hazardous Air Pollutants for 
Asbestos (``Asbestos NESHAP''). The purpose of the interpretive rule is 
to clarify the Asbestos NESHAP as it affects roof removal operations 
by: specifying which roof removal operations EPA construes the NESHAP 
to cover; and specifying roof removal work practices that EPA deems to 
be in compliance with the NESHAP in roofing operations where the NESHAP 
applies.

EFFECTIVE DATE: June 17, 1994.

FOR FURTHER INFORMATION CONTACT: Mr. Thomas Ripp at (703) 308-8727 at 
U.S. Environmental Protection Agency, Office of Air Quality Planning 
and Standards, Stationary Source Compliance Division. For copies, 
contact Mr. Larry Tessier at 1-800-368-5888 or at (703) 305-5938.

SUPPLEMENTARY INFORMATION: On November 20, 1990, EPA published in the 
Federal Register (55 FR 48406) revisions to the Asbestos NESHAP, which 
is codified at 40 CFR part 61, subpart M. Members of the roofing 
industry have expressed confusion regarding the asbestos NESHAP and 
have requested clarification from EPA with regard to how compliance 
with the NESHAP can be achieved for roof removal operations.
    EPA is today publishing, as a new appendix A to subpart M of 40 CFR 
part 61, the interpretive rule that is set forth below. The purpose of 
the interpretive rule is to clarify the Asbestos NESHAP as it affects 
roof removal operations by: (i) Specifying which roof removal 
operations EPA construes the NESHAP to cover; and (ii) specifying roof 
removal work practices that EPA deems to be in compliance with the 
NESHAP in roofing operations where the NESHAP applies.
    The new appendix A to the Asbestos NESHAP does not supersede, alter 
or replace the Asbestos NESHAP; nor does it change the scope or 
stringency of the NESHAP. Rather appendix A interprets the NESHAP as it 
applies to roof removal operations, in order to provide particularized 
guidance which, if followed, would promote compliance with, and more 
effective and consistent enforcement of, the NESHAP in such operations. 
This interpretive rule is intended as guidance to the roofing industry 
and the public and does not constitute an action which is subject to 
judicial review under section 307(b)(1) of the Clean Air Act, 42 U.S.C. 
7607(b)(1), or under the Administrative Procedure Act, 5 U.S.C. 704. In 
addition, because the rule prescribed in this notice is an interpretive 
rule and does not promulgate or revise a standard or regulation listed 
in section 307(d)(1) of the Clean Air Act (42 U.S.C. 7607(d)(1)), the 
procedural requirements for rulemaking under the Clean Air Act and the 
Administrative Procedure Act do not apply to this action. See 42 U.S.C. 
7607(d); 5 U.S.C. 553(b).
    It is the present intent of EPA that if this interpretive rule is 
revoked or withdrawn before new regulations regarding asbestos 
emissions or work practices for handling of asbestos containing 
materials during roof removal operations under the Clean Air Act are 
promulgated by EPA, then EPA shall replace the interpretive rule with 
another interpretation or guidance document that would address how the 
NESHAP applies to roof removal in renovation and demolition operations. 
It is also the present intent of EPA that prior to replacing or 
substantially revising this interpretive rule, EPA would consult with 
the public regarding such action.

List of Subjects in 40 CFR Part 61

    Air pollution control, Asbestos.

    Dated: May 31, 1994.
Mary D. Nichols,
Assistant Administrator, Office of Air and Radiation.
    40 CFR part 61 is amended as follows:
    1. The authority citation for part 61 continues to read as follows:

    Authority: Secs. 101, 112, 114, 116, 301, Clean Air Act as 
amended (42 U.S.C. 7401, 7412, 7414, 7416, 7601).

Subpart M--[Amended]

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

Appendix A to Subpart M--Interpretive Rule Governing Roof Removal 
Operations

I. Applicability of the Asbestos NESHAP

    1.1. Asbestos-containing material (ACM) is material containing 
more than one percent asbestos as determined using the methods 
specified in appendix A, subpart F, 40 CFR part 763, section 1, 
Polarized Light Microscopy. The NESHAP classifies ACM as either 
``friable'' or ``nonfriable''. Friable ACM is ACM that, when dry, 
can be crumbled, pulverized or reduced to powder by hand pressure. 
Nonfriable ACM is ACM that, when dry, cannot be crumbled, pulverized 
or reduced to powder by hand pressure.
    1.2. Nonfriable ACM is further classified as either Category I 
ACM or Category II ACM. Category I ACM and Category II ACM are 
distinguished from each other by their potential to release fibers 
when damaged. Category I ACM includes asbestos-containing gaskets, 
packings, resilient floor coverings, resilient floor covering 
mastic, and asphalt roofing products containing more than one 
percent asbestos. Asphalt roofing products which may contain 
asbestos include built-up roofing; asphalt-containing single ply 
membrane systems; asphalt shingles; asphalt-containing underlayment 
felts; asphalt-containing roof coatings and mastics; and asphalt-
containing base flashings. ACM roofing products that use other 
bituminous or resinous binders (such as coal tars or pitches) are 
also considered to be Category I ACM. Category II ACM includes all 
other nonfriable ACM, for example, asbestos-cement (A/C) shingles, 
A/C tiles, and transite boards or panels containing more than one 
percent asbestos. Generally speaking, Category II ACM is more likely 
to become friable when damaged than is Category I ACM. The 
applicability of the NESHAP to Category I and II ACM depends on: (1) 
the condition of the material at the time of demolition or 
renovation, (2) the nature of the operation to which the material 
will be subjected, (3) the amount of ACM involved.
    1.3. Asbestos-containing material regulated under the NESHAP is 
referred to as ``regulated asbestos-containing material'' (RACM). 
RACM is defined in Sec. 61.141 of the NESHAP and includes: (1) 
friable asbestos-containing material; (2) Category I nonfriable ACM 
that has become friable; (3) Category I nonfriable ACM that has been 
or will be sanded, ground, cut, or abraded; or (4) Category II 
nonfriable ACM that has already been or is likely to become 
crumbled, pulverized, or reduced to powder. If the coverage 
threshold for RACM is met or exceeded in a renovation or demolition 
operation, then all friable ACM in the operation, and in certain 
situations, nonfriable ACM in the operation, are subject to the 
NESHAP.

A. Threshold Amounts of Asbestos-Containing Roofing Material

    1.A.1. The NESHAP does not cover roofing projects on single 
family homes or on residential buildings containing four or fewer 
dwelling units. 40 CFR 61.141. For other roofing renovation 
projects, if the total asbestos-containing roof area undergoing 
renovation is less than 160 ft2, the NESHAP does not apply, 
regardless of the removal method to be used, the type of material 
(Category I or II), or its condition (friable versus nonfriable). 40 
CFR 61.145(a)(4). However, EPA would recommend the use of methods 
that damage asbestos-containing roofing material as little as 
possible. EPA has determined that where a rotating blade (RB) roof 
cutter or equipment that similarly damages the roofing material is 
used to remove Category I nonfriable asbestos-containing roofing 
material, the removal of 5580 ft2 of that material will create 
160 ft2 of RACM. For the purposes of this interpretive rule, 
``RB roof cutter'' means an engine-powered roof cutting machine with 
one or more rotating cutting blades the edges of which are blunt. 
(Equipment with blades having sharp or tapered edges, and/or which 
does not use a rotating blade, is used for ``slicing'' rather than 
``cutting'' the roofing material; such equipment is not included in 
the term ``RB roof cutter''.) Therefore, it is EPA's interpretation 
that when an RB roof cutter or equipment that similarly damages the 
roofing material is used to remove Category I nonfriable asbestos-
containing roofing material, any project that is 5580 ft2 or 
greater is subject to the NESHAP; conversely, it is EPA's 
interpretation that when an RB roof cutter or equipment that 
similarly damages the roofing material is used to remove Category I 
nonfriable asbestos-containing roofing material in a roof removal 
project that is less than 5580 ft2, the project is not subject 
to the NESHAP, except that notification is always required for 
demolitions. EPA further construes the NESHAP to mean that if 
slicing or other methods that do not sand, grind, cut or abrade will 
be used on Category I nonfriable ACM, the NESHAP does not apply, 
regardless of the area of roof to be removed.
    1.A.2. For asbestos cement (A/C) shingles (or other Category II 
roofing material), if the area of the roofing material to be removed 
is at least 160 ft2 and the removal methods will crumble, 
pulverize, reduce to powder, or contaminate with RACM (from other 
ACM that has been crumbled, pulverized or reduced to powder) 160 
ft2 or more of such roofing material, the removal is subject to 
the NESHAP. Conversely, if the area of the A/C shingles (or other 
Category II roofing materials) to be removed is less than 160 
ft2, the removal is not subject to the NESHAP regardless of the 
removal method used, except that notification is always required for 
demolitions. 40 CFR 61.145(a). However, EPA would recommend the use 
of methods that damage asbestos-containing roofing material as 
little as possible. If A/C shingles (or other Category II roofing 
materials) are removed without 160 ft2 or more of such roofing 
material being crumbled, pulverized, reduced to powder, or 
contaminated with RACM (from other ACM that has been crumbled, 
pulverized or reduced to powder), the operation is not subject to 
the NESHAP, even where the total area of the roofing material to be 
removed exceeds 160 ft2; provided, however, that if the 
renovation includes other operations involving RACM, the roof 
removal operation is covered if the total area of RACM from all 
renovation activities exceeds 160 ft2. See the definition of 
regulated asbestos-containing material (RACM), 40 CFR 61.141.
    1.A.3. Only roofing material that meets the definition of ACM 
can qualify as RACM subject to the NESHAP. Therefore, to determine 
if a removal operation that meets or exceeds the coverage threshold 
is subject to the NESHAP, any suspect roofing material (i.e. roofing 
material that may be ACM) should be tested for asbestos. If any such 
roofing material contains more than one percent asbestos and if the 
removal operation is covered by the NESHAP, then EPA must be 
notified and the work practices in Sec. 61.145(c) must be followed. 
In EPA's view, if a removal operation involves at least the 
threshold level of suspect material, a roofing contractor may choose 
not to test for asbestos if the contractor follows the notification 
and work practice requirements of the NESHAP.

B. A/C Shingle Removal (Category II ACM Removal)

    1.B.1. A/C shingles, which are Category II nonfriable ACM, 
become regulated ACM if the material has a high probability of 
becoming or has become crumbled, pulverized or reduced to powder by 
the forces expected to act on the material in the course of 
demolition or renovation operations. 40 CFR 61.141. However, merely 
breaking an A/C shingle (or any other category II ACM) that is not 
friable may not necessarily cause the material to become RACM. A/C 
shingles are typically nailed to buildings on which they are 
attached. EPA believes that the extent of breakage that will 
normally result from carefully removing A/C shingles and lowering 
the shingles to the ground will not result in crumbling, pulverizing 
or reducing the shingles to powder. Conversely, the extent of 
breakage that will normally occur if the A/C shingles are dropped 
from a building or scraped off of a building with heavy machinery 
would cause the shingles to become RACM. EPA therefore construes the 
NESHAP to mean that the removal of A/C shingles that are not 
friable, using methods that do not crumble, pulverize, or reduce the 
A/C shingles to powder (such as pry bars, spud bars and shovels to 
carefully pry the material), is not subject to the NESHAP provided 
that the A/C shingles are properly handled during and after removal, 
as discussed in this paragraph and the asbestos NESHAP. This 
interpretation also applies to other Category II nonfriable 
asbestos-containing roofing materials.

C. Cutting vs. Slicing and Manual Methods for Removal of Category I ACM

    1.C.1. Because of damage to the roofing material, and the 
potential for fiber release, roof removal operations using rotating 
blade (RB) roof cutters or other equipment that sand, grind, cut or 
abrade the roof material are subject to the NESHAP. As EPA 
interprets the NESHAP, the use of certain manual methods (using 
equipment such as axes, hatchets, or knives, spud bars, pry bars, 
and shovels, but not saws) or methods that slice, shear, or punch 
(using equipment such as a power slicer or power plow) does not 
constitute ``cutting, sanding, grinding or abrading.'' This is 
because these methods do not destroy the structural matrix or 
integrity of the material such that the material is crumbled, 
pulverized or reduced to powder. Hence, it is EPA's interpretation 
that when such methods are used, assuming the roof material is not 
friable, the removal operation is not subject to the regulation.
    1.C.2. Power removers or power tear-off machines are typically 
used to pry the roofing material up from the deck after the roof 
membrane has been cut. It is EPA's interpretation that when these 
machines are used to pry roofing material up, their use is not 
regulated by the NESHAP.
    1.C.3. As noted previously, the NESHAP only applies to the 
removal of asbestos-containing roofing materials. Thus, the NESHAP 
does not apply to the use of RB cutters to remove non-asbestos built 
up roofing (BUR). On roofs containing some asbestos-containing and 
some non-asbestos containing materials, coverage under the NESHAP 
depends on the methods used to remove each type of material in 
addition to other coverage thresholds specified above. For example, 
it is not uncommon for existing roofs to be made of non-asbestos BUR 
and base flashings that do contain asbestos. In that situation, EPA 
construes the NESHAP to be inapplicable to the removal of the non-
asbestos BUR using an RB cutter so long as the RB cutter is not used 
to cut 5580 ft\2\ or more of the asbestos-containing base flashing 
or other asbestos-containing material into sections. In addition, 
the use of methods that slice, shear, punch or pry could then be 
used to remove the asbestos flashings and not trigger coverage under 
the NESHAP.

II. Notification

    2.1. Notification for a demolition is always required under the 
NESHAP. However, EPA believes that few roof removal jobs constitute 
``demolitions'' as defined in the NESHAP (Sec. 61.141). In 
particular, it is EPA's view that the removal of roofing systems 
(i.e., the roof membrane, insulation, surfacing, coatings, 
flashings, mastic, shingles, and felt underlayment), when such 
removal is not a part of a demolition project, constitutes a 
``renovation'' under the NESHAP. If the operation is a renovation, 
and Category I roofing material is being removed using either manual 
methods or slicing, notification is not required by the NESHAP. If 
Category II material is not friable and will be removed without 
crumbling, pulverizing, or reducing it to powder, no notification is 
required. Also, if the renovation involves less than the threshold 
area for applicability as discussed above, then no notification is 
required. However, if a roof removal meets the applicability and 
threshold requirements under the NESHAP, then EPA (or the delegated 
agency) must be notified in advance of the removal in accordance 
with the requirements of Sec. 61.145(b), as follows:
     Notification must be given in writing at least 10 
working days in advance and must include the information in 
Sec. 61.145(b)(4), except for emergency renovations as discussed 
below.
     The notice must be updated as necessary, including, for 
example, when the amount of asbestos-containing roofing material 
reported changes by 20 percent or more.
     EPA must be notified if the start date of the roof 
removal changes. If the start date of a roof removal project is 
changed to an earlier date, EPA must be provided with a written 
notice of the new start date at least 10 working days in advance. If 
the start date changes to a later date, EPA must be notified by 
telephone as soon as possible before the original start date and a 
written notice must be sent as soon as possible.
     For emergency renovations (as defined in Sec. 61.141), 
where work must begin immediately to avoid safety or public health 
hazards, equipment damage, or unreasonable financial burden, the 
notification must be postmarked or delivered to EPA as soon as 
possible, but no later than the following work day.

III. Emission Control Practices

A. Requirements to Adequately Wet and Discharge No Visible Emission

    3.A.1. The principal controls contained in the NESHAP for 
removal operations include requirements that the affected material 
be adequately wetted, and that asbestos waste be handled, collected, 
and disposed of properly. The requirements for disposal of waste 
materials are discussed separately in section IV below. The emission 
control requirements discussed in this section III apply only to 
roof removal operations that are covered by the NESHAP as set forth 
in Section I above.
    3.A.2. For any operation subject to the NESHAP, the regulation 
(Secs. 61.145(c)(2)(i), (3), (6)(i)) requires that RACM be 
adequately wet (as defined in Sec. 61.141) during the operation that 
damages or disturbs the asbestos material until collected for 
disposal.
    3.A.3. When using an RB roof cutter (or any other method that 
sands, grinds, cuts or abrades the roofing material) to remove 
Category I asbestos-containing roofing material, the emission 
control requirements of Sec. 61.145(c) apply as discussed in Section 
I above. EPA will consider a roof removal project to be in 
compliance with the ``adequately wet'' and ``discharge no visible 
emission'' requirements of the NESHAP if the RB roof cutter is 
equipped and operated with the following: (1) a blade guard that 
completely encloses the blade and extends down close to the roof 
surface; and (2) a device for spraying a fine mist of water inside 
the blade guard, and which device is in operation during the cutting 
of the roof.

B. Exemptions From Wetting Requirements

    3.B.1. The NESHAP provides that, in certain instances, wetting 
may not be required during the cutting of Category I asbestos 
roofing material with an RB roof cutter. If EPA determines in 
accordance with Sec. 61.145(c)(3)(i), that wetting will unavoidably 
damage the building, equipment inside the building, or will present 
a safety hazard while stripping the ACM from a facility component 
that remains in place, the roof removal operation will be exempted 
from the requirement to wet during cutting. EPA must have sufficient 
written information on which to base such a decision. Before 
proceeding with a dry removal, the contractor must have received 
EPA's written approval. Such exemptions will be made on a case-by-
case basis.
    3.B.2. It is EPA's view that, in most instances, exemptions from 
the wetting requirements are not necessary. Where EPA grants an 
exemption from wetting because of the potential for damage to the 
building, damage to equipment within the building or a safety 
hazard, the NESHAP specifies alternative control methods 
(Sec. 61.145(c)(3)(i)(B)). Alternative control methods include (a) 
the use of local exhaust ventilation systems that capture the dust, 
and do not produce visible emissions, or (b) methods that are 
designed and operated in accordance with the requirements of 
Sec. 61.152, or (c) other methods that have received the written 
approval of EPA. EPA will consider an alternative emission control 
method in compliance with the NESHAP if the method has received 
written approval from EPA and the method is being implemented 
consistent with the approved procedures (Sec. 61.145(c)(3)(ii) or 
Sec. 61.152(b)(3)).
    3.B.3. An exemption from wetting is also allowed when the air or 
roof surface temperature at the point of wetting is below freezing, 
as specified in Sec. 61.145(c)(7). If freezing temperatures are 
indicated as the reason for not wetting, records must be kept of the 
temperature at the beginning, middle and end of the day on which 
wetting is not performed and the records of temperature must be 
retained for at least 2 years. 42 CFR Sec. 61.145(c)(7)(iii). It is 
EPA's interpretation that in such cases, no written application to, 
or written approval by the Administrator is needed for using 
emission control methods listed in Sec. 61.145(c)(3)(i)(B), or 
alternative emission control methods that have been previously 
approved by the Administrator. However, such written application or 
approval is required for alternative emission control methods that 
have not been previously approved. Any dust and debris collected 
from cutting must still be kept wet and placed in containers. All of 
the other requirements for notification and waste disposal would 
continue to apply as described elsewhere in this notice and the 
Asbestos NESHAP.

C. Waste Collection and Handling

    3.C.1. It is EPA's interpretation that waste resulting from 
slicing and other methods that do not cut, grind, sand or abrade 
Category I nonfriable asbestos-containing roofing material is not 
subject to the NESHAP and can be disposed of as nonasbestos waste. 
EPA further construes the NESHAP to provide that if Category II 
roofing material (such as A/C shingles) is removed and disposed of 
without crumbling, pulverizing, or reducing it to powder, the waste 
from the removal is not subject to the NESHAP waste disposal 
requirements. EPA also interprets the NESHAP to be inapplicable to 
waste resulting from roof removal operations that do not meet or 
exceed the coverage thresholds described in section I above. Of 
course, other State, local, or Federal regulations may apply.
    3.C.2. It is EPA's interpretation that when an RB roof cutter, 
or other method that similarly damages the roofing material, is used 
to cut Category I asbestos containing roofing material, the damaged 
material from the cut (the sawdust or debris) is considered asbestos 
containing waste subject to Sec. 61.150 of the NESHAP, provided the 
coverage thresholds discussed above in section 1 are met or 
exceeded. This sawdust or debris must be disposed of at a disposal 
site operated in accordance with the NESHAP. It is also EPA's 
interpretation of the NESHAP that if the remainder of the roof is 
free of the sawdust and debris generated by the cutting, or if such 
sawdust or debris is collected as discussed below in paragraphs 
3.C.3, 3.C.4, 3.C.5 and 3.C.6, the remainder of the roof can be 
disposed of as nonasbestos waste because it is considered to be 
Category I nonfriable material (as long as the remainder of the roof 
is in fact nonasbestos material or if it is Category I asbestos 
material and the removal methods do not further sand, grind, cut or 
abrade the roof material). EPA further believes that if the roof is 
not cleaned of such sawdust or debris, i.e., it is contaminated, 
then it must be treated as asbestos-containing waste material and be 
handled in accordance with Sec. 61.150.
    3.C.3. In order to be in compliance with the NESHAP while using 
an RB roof cutter (or device that similarly damages the roofing 
material) to cut Category I asbestos containing roofing material, 
the dust and debris resulting from the cutting of the roof should be 
collected as soon as possible after the cutting operation, and kept 
wet until collected and placed in leak-tight containers. EPA 
believes that where the blade guard completely encloses the blade 
and extends down close to the roof surface and is equipped with a 
device for spraying a fine mist of water inside the blade guard, and 
the spraying device is in operation during the cutting, most of the 
dust and debris from cutting will be confined along the cut. The 
most efficient methods to collect the dust and debris from cutting 
are to immediately collect or vacuum up the damaged material where 
it lies along the cut using a filtered vacuum cleaner or debris 
collector that meets the requirements of 40 CFR 61.152 to clean up 
as much of the debris as possible, or to gently sweep up the bulk of 
the debris, and then use a filtered vacuum cleaner that meets the 
requirements of 40 CFR 61.152 to clean up as much of the remainder 
of the debris as possible. On smooth surfaced roofs (nonaggregate 
roofs), sweeping up the debris and then wet wiping the surface may 
be done in place of using a filtered vacuum cleaner. It is EPA's 
view that if these decontamination procedures are followed, the 
remaining roofing material does not have to be collected and 
disposed of as asbestos waste. Additionally, it is EPA's view that 
where such decontamination procedures are followed, if the remaining 
portions of the roof are non-asbestos or Category I nonfriable 
asbestos material, and if the remaining portions are removed using 
removal methods that slice, shear, punch or pry, as discussed in 
section 1.C above, then the remaining portions do not have to be 
collected and disposed of as asbestos waste and the NESHAP's no 
visible emissions and adequately wet requirements are not applicable 
to the removal of the remaining portions. In EPA's interpretation, 
the failure of a filtered vacuum cleaner or debris collector to 
collect larger chunks or pieces of damaged roofing material created 
by the RB roof cutter does not require the remaining roofing 
material to be handled and disposed of as asbestos waste, provided 
that such visible chunks or pieces of roofing material are collected 
(e.g. by gentle sweeping) and disposed of as asbestos waste. Other 
methods of decontamination may not be adequate, and should be 
approved by the local delegated agency.
    3.C.4. In EPA's interpretation, if the debris from the cutting 
is not collected immediately, it will be necessary to lightly mist 
the dust or debris, until it is collected, as discussed above, and 
placed in containers. The dust or debris should be lightly misted 
frequently enough to prevent the material from drying, and to 
prevent airborne emissions, prior to collection as described above. 
It is EPA's interpretation of the NESHAP that if these procedures 
are followed, the remaining roofing material does not have to be 
collected and disposed of as asbestos waste, as long as the 
remaining roof material is in fact nonasbestos material or if it is 
Category I asbestos material and the removal methods do not further 
sand, grind, cut or abrade the roof material.
    3.C.5. It is EPA's interpretation that, provided the roofing 
material is not friable prior to the cutting operation, and provided 
the roofing material has not been made friable by the cutting 
operation, the appearance of rough, jagged or damaged edges on the 
remaining roofing material, due to the use of an RB roof cutter, 
does not require that such remaining roofing material be handled and 
disposed of as asbestos waste. In addition, it is also EPA's 
interpretation that if the sawdust or debris generated by the use of 
an RB roof cutter has been collected as discussed in paragraphs 
3.C.3, 3.C.4 and 3.C.6, the presence of dust along the edge of the 
remaining roof material does not render such material ``friable'' 
for purposes of this interpretive rule or the NESHAP, provided the 
roofing material is not friable prior to the cutting operation, and 
provided that the remaining roofing material near the cutline has 
not been made friable by the cutting operation. Where roofing 
material near the cutline has been made friable by the use of the RB 
cutter (i.e. where such remaining roofing material near the cutline 
can be crumbled, pulverized or reduced to powder using hand 
pressure), it is EPA's interpretation that the use of an encapsulant 
will ensure that such friable material need not be treated or 
disposed of as asbestos containing waste material. The encapsulant 
may be applied to the friable material after the roofing material 
has been collected into stacks for subsequent disposal as 
nonasbestos waste. It is EPA's view that if the encapsulation 
procedure set forth in this paragraph is followed in operations 
where roofing material near the cutline has been rendered friable by 
the use of an RB roof cutter, and if the decontamination procedures 
set forth in paragraph 3.C.3 have been followed, the NESHAP's no 
visible emissions and adequately wet requirements would be met for 
the removal, handling and disposal of the remaining roofing 
material.
    3.C.6. As one way to comply with the NESHAP, the dust and debris 
from cutting can be placed in leak-tight containers, such as plastic 
bags, and the containers labeled using warning labels required by 
OSHA (29 CFR 1926.58). In addition, the containers must have labels 
that identify the waste generator (such as the name of the roofing 
contractor, abatement contractor, and/or building owner or operator) 
and the location of the site at which the waste was generated.

IV. Waste Disposal

A. Disposal Requirements

    4.A.1. Section 61.150(b) requires that, as soon as is practical, 
all collected dust and debris from cutting as well as any 
contaminated roofing squares, must be taken to a landfill that is 
operated in accordance with Sec. 61.154 or to an EPA-approved site 
that converts asbestos waste to nonasbestos material in accordance 
with Sec. 61.155. During the loading and unloading of affected 
waste, asbestos warning signs must be affixed to the vehicles.

B. Waste Shipment Record

    4.B.1. For each load of asbestos waste that is regulated under 
the NESHAP, a waste shipment record (WSR) must be maintained in 
accordance with Sec. 61.150(d). Information that must be maintained 
for each waste load includes the following:
     Name, address, and telephone number of the waste 
generator
     Name and address of the local, State, or EPA regional 
office responsible for administering the asbestos NESHAP program
     Quantity of waste in cubic meters (or cubic yards)
     Name and telephone number of the disposal site operator
     Name and physical site location of the disposal site
     Date transported
     Name, address, and telephone number of the 
transporter(s)
     Certification that the contents meet all government 
regulations for transport by highways.
    4.B.2. The waste generator is responsible for ensuring that a 
copy of the WSR is delivered to the disposal site along with the 
waste shipment. If a copy of the WSR signed by the disposal site 
operator is not returned to the waste generator within 35 days, the 
waste generator must contact the transporter and/or the disposal 
site to determine the status of the waste shipment. 40 CFR 
61.150(d)(3). If the signed WSR is not received within 45 days, the 
waste generator must report, in writing, to the responsible NESHAP 
program agency and send along a copy of the WSR. 40 CFR 
61.150(d)(4). Copies of WSRs, including those signed by the disposal 
site operator, must be retained for at least 2 years. 40 CFR 
61.150(d)(5).

V. Training

    5.1. For those roof removals that are subject to the NESHAP, at 
least one on-site supervisor trained in the provisions of the NESHAP 
must be present during the removal of the asbestos roofing material. 
40 CFR 61.145(c)(8). In EPA's view, this person can be a job 
foreman, a hired consultant, or someone who can represent the 
building owner or contractor responsible for the removal. In 
addition to the initial training requirement, a refresher training 
course is required every 2 years. The NESHAP training requirements 
became effective on November 20, 1991.
    5.2. Asbestos training courses developed specifically to address 
compliance with the NESHAP in roofing work, as well as courses 
developed for other purposes can satisfy this requirement of the 
NESHAP, as long as the course covers the areas specified in the 
regulation. EPA believes that Asbestos Hazard Emergency Response Act 
(AHERA) training courses will, for example, satisfy the NESHAP 
training requirements. However, nothing in this interpretive rule or 
in the NESHAP shall be deemed to require that roofing contractors or 
roofing workers performing operations covered by the NESHAP must be 
trained or accredited under AHERA, as amended by the Asbestos School 
Hazard Abatement Reauthorization Act (ASHARA). Likewise, state or 
local authorities may independently impose additional training, 
licensing, or accreditation requirements on roofing contractors 
performing operations covered by the NESHAP, but such additional 
training, licensing or accreditation is not called for by this 
interpretive rule or the federal NESHAP.
    5.3. For removal of Category I asbestos containing roofing 
material where RB roof cutters or equipment that similarly damages 
the asbestos-containing roofing material are used, the NESHAP 
training requirements (Sec. 61.145(c)(8)) apply as discussed in 
Section I above. It is EPA's intention that removal of Category I 
asbestos-containing roofing material using hatchets, axes, knives, 
and/or the use of spud bars, pry bars and shovels to lift the 
roofing material, or similar removal methods that slice, punch, or 
shear the roof membrane are not subject to the training 
requirements, since these methods do not cause the roof removal to 
be subject to the NESHAP. Likewise, it is EPA's intention that roof 
removal operations involving Category II nonfriable ACM are not 
subject to the training requirements where such operations are not 
subject to the NESHAP as discussed in section I above.

[FR Doc. 94-14815 Filed 6-16-94; 8:45 am]
BILLING CODE 6560-50-P3