[Federal Register Volume 59, Number 210 (Tuesday, November 1, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-26802]


[[Page Unknown]]

[Federal Register: November 1, 1994]


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Part IV





Environmental Protection Agency





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40 CFR Part 763




Asbestos Worker Protection; Asbestos-Containing Materials in Schools; 
Proposed Rule
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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 763

[OPPTS-62125; FRL-3801-3]
RIN: 2070-AC66

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

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: EPA is proposing to amend the Asbestos Abatement Projects; 
Worker Protection Rule (EPA WPR), by incorporating revised Occupational 
Safety and Health Administration (OSHA) asbestos workplace standards 
issued since the EPA WPR was promulgated in 1987. The proposed rule 
would generally extend the coverage provided under the 1986 OSHA 
Asbestos Standard for Construction to State and local government 
employees who are not covered by OSHA- or EPA-approved State plans. 
(The EPA WPR now applies solely to asbestos abatement projects). EPA 
also proposes to extend coverage provided under the OSHA Asbestos 
Standard for General Industry for automotive brake and clutch repair. 
The proposed revisions to the EPA WPR do not include final amendments 
to the OSHA asbestos standards published in the Federal Register of 
August 10, 1994. EPA intends to expedite additional rulemaking that 
would extend provisions of the new amendments to the OSHA asbestos 
standards as they apply to the public sector worker population covered 
by the EPA WPR. The proposed rule would also clarify that State and 
local government employees include prisoners and students employed in 
State and local government construction, or vehicular maintenance work 
where asbestos exposure may be encountered in the workplace. EPA also 
proposes to delegate authority to grant or deny State exclusions under 
the WPR to EPA Regional Administrators, and to add compliance and 
enforcement requirements for State exclusions. In addition, EPA is 
proposing to amend the Asbestos-Containing Materials in Schools Rule 
(Asbestos in Schools Rule), issued under Title II of the Toxic 
Substances Control Act (TSCA), the Asbestos Hazard Emergency Response 
Act (AHERA), by deleting certain worker protection provisions extended 
through the Asbestos in Schools Rule, under the EPA WPR, and by 
incorporating all worker protection provisions in the EPA WPR.

DATES: Written comments must be received by EPA no later than January 
3, 1995. If a person requests time for oral comment by January 3, 1995, 
EPA will hold an informal hearing in Washington, DC. If a hearing is 
requested, the exact time and location of the hearing will be published 
in the Federal Register.

ADDRESSES: Comments should be submitted in triplicate to: TSCA Docket 
Receipts (7407), Office of Pollution Prevention and Toxics, 
Environmental Protection Agency, Rm. E-G99, 401 M St., SW., Washington, 
DC 20460, Attention: OPPTS-62125.
    Comments containing confidential business information (CBI) should 
be submitted in triplicate to: TSCA Document Receipt (7407), Office of 
Pollution Prevention and Toxics, Environmental Protection Agency, E-
G99, 401 M St., SW., Washington, DC 20460, Attention: OPPTS-62125. A 
sanitized copy of comments for which confidentiality claims are made 
must be provided in triplicate to the TSCA Nonconfidential Information 
Center (NCIC), also know as, the TSCA Public Docket Office. Unit XIV of 
this preamble contains additional information about CBI claims.

FOR FURTHER INFORMATION CONTACT: Susan B. Hazen, Director, 
Environmental Assistance Division (7408), Office of Pollution 
Prevention and Toxics, Rm. E-545, 401 M St., SW., Washington, DC 20460, 
Telephone: (202) 554-1404, TDD: 202-554-0551.

SUPPLEMENTARY INFORMATION:

I. Authority

    Section 6(a) of TSCA authorizes EPA to regulate a chemical 
substance or mixture if EPA finds that the manufacturing, processing, 
distribution in commerce, use, or disposal of the substance or mixture, 
or any combination of these activities, presents, or will present, an 
unreasonable risk of injury to health or the environment. Among the 
requirements that EPA may impose are those in section 6(a)(5) and 
6(a)(6). Section 6(a)(5) of TSCA authorizes EPA to prohibit or 
otherwise regulate any manner or method of commercial use of a chemical 
substance or mixture. Section 6(a)(6) of TSCA authorizes EPA to 
prohibit or otherwise regulate any manner or method of disposal of a 
chemical substance or mixture, or any article containing that substance 
or mixture, by any person who uses or disposes of it for commercial 
purposes.
    The asbestos present in public buildings, or in vehicles or other 
products owned and maintained in public buildings, was sold as a 
commercial product. Therefore, construction work or brake repair is 
commercial activity, subject to section 6(a)(5) of TSCA. The removal of 
asbestos is considered disposal for commercial purposes subject to 
section 6(a)(6).
    Section 203 of TSCA (TSCA Title II, AHERA), requires EPA to 
promulgate regulations for inspection of, and appropriate response to, 
asbestos-containing materials in schools that are under the authority 
of local educational agencies.
    Sections 6 and 203 of TSCA authorize EPA to promulgate regulations 
to protect State and local government employees who engage in asbestos 
work activities who are not otherwise covered under OSHA's Asbestos 
Standard for the Construction Industry (29 CFR 1926.58), OSHA's 
Asbestos Standard for General Industry (20 CFR 1910.1001), or OSHA-
approved State plans that implement OSHA regulations.

II. Background

    In 1987, EPA promulgated the Asbestos Abatement Projects; Worker 
Protection Rule (EPA WPR), which extended to State and local government 
employees engaged in asbestos abatement projects the provisions of the 
revised OSHA Asbestos Standard for Construction. The 1987 WPR, which 
replaced the 1986 WPR, provided additional coverage to State and local 
government abatement workers by incorporating the revised asbestos 
workplace standard permissible exposure limit (PEL) of 0.2 fibers/cubic 
centimeters of air (0.2 f/cc), averaged over an 8-hour day, among other 
revisions.
    In the 1987 WPR, EPA retained, in Secs. 763.120, 763.124, 763.125, 
and 763.126, the same language concerning the scope of the WPR, 
reporting requirements, enforcement, and inspections as in the 1986 
WPR. However, in the 1987 WPR, EPA replaced Sec. 763.121 of the 1986 
WPR and established new requirements for the protection of State and 
local government asbestos abatement workers, and in Sec. 763.122, 
provisions for States to be excluded from the WPR if States had 
regulations that are at least as stringent as the WPR.
    The OSHA Asbestos Standards were challenged in a lawsuit in 1987. 
In 1988, the U.S. Court of Appeals for the District of Columbia upheld 
the OSHA standard in most respects, but remanded several issues (BCTD, 
AFL-CIO v. Brock, 838 F.2d 1258 (D.C. Cir., 1988)). In partial 
response, on September 14, 1988 (53 FR 35629), OSHA issued an amendment 
which established a short-term exposure (or excursion) limit and other 
minor changes. On December 20, 1989 (54 FR 52024), OSHA issued an 
amendment to the Asbestos Standard in response to three of the Court 
remand issues that: (1) Rescinded OSHA's ban on the spraying of 
asbestos; (2) clarified when construction employers must resume 
periodic monitoring; and (3) deferred clarification of the small-scale, 
short-duration exemption in the construction industry to a later 
rulemaking.
    On February 5, 1990 (55 FR 3724), OSHA issued another amendment to 
the OSHA Asbestos Standards in response to the second group of court 
remand issues that: (1) Expanded its ban on workplace smoking and 
increased training requirements covering the availability of smoking 
control programs; (2) strengthened warning signs and label 
requirements; and (3) explained how and why OSHA's respirator 
requirements reduced employee risk below that remaining at the PEL. 
OSHA has published a proposed rule (55 FR 29712, July 20, 1990) to 
address the remaining remand issues.

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

    EPA first issued its Worker Protection Rule in 1986 to apply to 
asbestos abatement projects using State and local government employees 
not covered by the OSHA Asbestos Standard for Construction or by OSHA-
approved State plans. The EPA WPR was revised in 1987, generally 
incorporating and applying provisions of the 1986 OSHA Asbestos 
Standard for Construction to State and local government employees 
engaged in asbestos abatement projects.
    However, the 1987 EPA WPR differs from the OSHA Asbestos Standard 
for Construction in several areas, discussed in this unit and in unit 
V. of this preamble, as a result of EPA's more limited scope of 
coverage and/or EPA's own assessment of the relative merits of various 
methods for controlling hazards to workers.
    OSHA's 1986 Asbestos Standard for Construction applies generally to 
all ``construction work'' where asbestos is present, as defined under 
29 CFR 1910.12(b) and 1926.58(a). In contrast, EPA's 1987 WPR applies 
only to asbestos abatement projects using State and local government 
employees who are not otherwise covered by the OSHA Asbestos Standard 
for Construction, or under OSHA- or EPA-approved State plans. Unlike 
the OSHA Asbestos Standard for Construction, the 1987 EPA WPR defines 
``asbestos abatement projects'' as any activity involving the removal, 
enclosure, or encapsulation of friable asbestos material. The 
activities included in the definition of ``asbestos abatement 
projects'' are a subset of the definition of ``construction work'' in 
the OSHA Asbestos Standard for Construction.
    The 1987 EPA WPR also differs from OSHA's Asbestos Standard for 
Construction in retaining the 1986 reporting requirements for asbestos 
abatement projects covered by this proposed rule. Under Sec. 763.124, 
employers, with certain exceptions, must notify EPA that they intend to 
undertake an asbestos abatement project covered by the rule at least 10 
days before they begin abatement, except one that involves less than 
either 3 linear or 3 square feet of friable asbestos material, or an 
emergency project. EPA considers these requirements necessary to 
monitor compliance with the general provisions of the rule. OSHA has 
proposed certain notification requirements under its proposed revision 
to the Asbestos Standard for Construction (55 FR 29712, July 20, 1990). 
The revisions would require a notification, comparable to that 
presently required under the EPA WPR, by any employer planning to 
perform any work covered by the OSHA Asbestos Standard for 
Construction.
    The definition of ``asbestos'' in the 1986 EPA WPR, and retained in 
the 1987 WPR, differs from that defined in the OSHA asbestos standard. 
The definition of ``asbestos'' in the OSHA standard does not 
distinguish between the asbestiform and nonasbestiform varieties of 
minerals. The definition in the EPA WPR applies only to the asbestiform 
varieties of the asbestos minerals and is consistent with definitions 
of asbestos adopted by EPA in other regulations, including an Advance 
Notice of Proposed Rulemaking (ANPR), published in the Federal Register 
of October 17, 1979 (44 FR 60061), Notice of Proposed Rulemaking, 
published January 29, 1986 (51 FR 3738), and in the Final Rule, 
published July 12, 1989 (54 FR 29460), Asbestos: Manufacture, 
Importation, Processing, and Distribution in Commerce Prohibitions.
    The 1987 WPR also differs from the OSHA Asbestos Standard for 
Construction (29 CFR 1926.58), in that several appendices to the OSHA 
standard were omitted.
    The proposed revisions to the EPA WPR do not include final 
amendments to the OSHA asbestos standards published in the Federal 
Register of August 10, 1994 (59 FR 40963). EPA intends to expedite 
additional rulemaking to extend provisions of the new amendments to the 
OSHA asbestos standards that would be applicable to the public sector 
worker population covered by the EPA WPR.

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

    The current (1987) EPA WPR covers State and local government 
employees, including employees of public schools, who are involved in 
asbestos abatement projects (40 CFR 763.121(b)). The Asbestos in 
Schools Rule, issued under the authority of AHERA, extends coverage of 
the WPR to employees of public school systems when they are performing 
operations, maintenance and repair (O&M) activities (40 CFR 763.91 
(b)). Private school employees, performing asbestos abatement and O&M 
work are covered by OSHA's Asbestos Standard for Construction, as are 
other private sector employees.
    Since public school employees would be covered directly under the 
EPA WPR, as well as all other public sector employees, Appendix B to 
Subpart E of the Asbestos in Schools Rule (40 CFR 763.80) would be 
moved from Subpart E and incorporated in the WPR as Appendix G to 
Subpart G. Appendix B to Subpart E is comparable to Appendix G of the 
OSHA Asbestos Standard for Construction (Work Practices and Engineering 
Controls for Small-Scale, Short-Duration Asbestos Renovation and 
Maintenance Activities - Non-mandatory).

V. Extended Training Requirements of the Asbestos Model 
Accreditation Plan (MAP) Under the Asbestos School Hazard Abatement 
Reauthorization Act of 1990 (ASHARA)

    AHERA required States to adopt, through an EPA-established Model 
Accreditation Plan (MAP), minimum training requirements for persons 
performing asbestos inspections, preparing management plans, designing 
asbestos abatement plans, or conducting asbestos abatement projects in 
schools. The Asbestos School Hazard Abatement Reauthorization Act of 
1990, (ASHARA), amended AHERA to require EPA to revise the MAP, expand 
the scope of training, and extend certain of the training and 
accreditation requirements that apply to schools to public and 
commercial buildings. This requirement took effect on November 28, 
1992. Thus, some State and local government employees covered by the 
EPA WPR for abatement projects currently need training specified by the 
MAP.
    In order to avoid duplication of training, EPA will consider MAP 
contractor/supervisor accreditation sufficient to meet the training 
requirements for competent persons specified in Sec. 763.121(e)(6)(iii) 
of the regulatory text, and MAP worker training sufficient for 
compliance with the employee training requirements specified in 
Sec. 763.121(k)(3).
    Interested parties are encouraged to consult the Federal Register 
of February 3, 1994 (59 FR 5236), or EPA Docket OPPTS-62107A, for more 
information on the expansion of asbestos MAP training and accreditation 
requirements to workers in public and commercial buildings.

VI. Proposed Amendments to 1987 EPA WPR

    This unit of the Preamble discusses proposed revisions to the 1987 
EPA WPR. The major changes include:
      Adopting provisions from the current OSHA Asbestos 
Standards to add an excursion limit to regulate short-term exposure to 
asbestos, delete the ban on spray application of asbestos-containing 
materials, expand the regulation of smoking activities, and provide 
information about smoking cessation programs.
      Deleting exemptions from initial air monitoring and 
labeling based upon certain conditions.
      Expanding covered work activities from asbestos abatement 
work to construction work and to brake and clutch repair workers.
      Adding appendices to govern work practices for 
construction and brake and clutch repair work.
      Correcting the scope of the exemption triggers associated 
with small-scale, short duration operations.
      Delegating authority and modifying procedures for 
approving State plans governing asbestos worker protection.
    Each of these proposed changes is discussed in detail in unit A. 
below.

A. Incorporation of Additional Provisions Under the OSHA Asbestos 
Standard for Construction

    This proposed amendment to the EPA WPR would add the same Excursion 
Limit of 1.0 fibers per cubic centimeter of air (f/cc) (averaged over a 
sampling period of 30 minutes) as issued under the OSHA PELs for 
occupational exposure to asbestos in the Asbestos Standard for General 
Industry (29 CFR 1910.1001) and in the Asbestos Standard for 
Construction (29 CFR 1926.58). The excursion limit will be codified in 
a new paragraph (c)(2), Excursion Limit, under Sec. 763.121(c), 
``Permissible Exposure Limits (PELs).''
    Requirements would be added in Sec. 763.121 in the following 
paragraphs when concentrations of asbestos exceed the excursion limit: 
Sec. 763.121 (e) Regulated Areas, (f) Exposure Monitoring, (g) Methods 
of Compliance, (h) Respiratory Protection, (i) Protective Clothing, (j) 
Hygiene Facilities and Practices, (k) Communication of Hazards to 
Employees, (m) Medical Surveillance, and (n) Recordkeeping.
    In addition, as consistent with the changes adopted by OSHA (54 FR 
52024, December 20, 1989), this proposed amendment would clarify 
``resumption of monitoring requirements in the construction industry'' 
and add a new provision for ``additional monitoring'' under 
Sec. 763.121(f).
    Section 763.121(e)(6)(iii)(A) would be revised to state that 
training shall be provided by an EPA- or State- approved training 
provider, or an equivalent course.
    Section 763.121(g)(2) Prohibitions would be amended by deleting 
paragraph (iii) prohibiting the spray application of asbestos-
containing materials. In its 1986 Asbestos Standard, OSHA banned the 
spray application of asbestos-containing products (29 CFR 
1910.1001(f)(1)(vii) and 1926.58(g)(2)(iii)). This provision, however, 
was remanded to OSHA by the D.C. Circuit Court on October 30, 1989. 
OSHA subsequently amended the regulatory text of the 1986 standard by 
deleting the prohibition on the spray application of asbestos-
containing products (54 FR 52024, December 20, 1989). Based on the 
rulemaking record of the 1986 standard, OSHA concluded that deleting 
this prohibition would not significantly increase the risk to workers. 
The PEL and excursion limit in the rule apply to all asbestos 
operations, including spraying.
     In addition, certain spray applications of asbestos-containing 
materials are regulated under the EPA National Emission Standard for 
Hazardous Air Pollutants (NESHAP). The asbestos NESHAP, which was 
issued on April 6, 1973, prohibits the spray application of materials 
that contain more than 1 percent asbestos on buildings, structures, 
pipes, and conduits (40 CFR 61.146 (a)). Paragraph 61.146 (b) of the 
standard requires no visible emissions from spray application of 
materials that contain more than 1 percent asbestos on equipment and 
machinery.
    Under Sec. 763.121(j) Hygiene Facilities and Practices, paragraph 
(j)(3) Smoking in work areas would be added which prohibits smoking in 
work areas where workers are occupationally exposed to asbestos because 
of activities in that work area (55 FR 3724, February 5, 1990).
    Under Sec. 763.121(k) Communication of hazards, requirements would 
be added to provide information about smoking cessation programs and 
materials. Under Sec. 763.121(m), a statement would be required that 
the employee has been informed by a physician of the increased risk of 
lung cancer attributable to the combined effect of smoking and asbestos 
exposure.
    Subpart G would be amended to incorporate a new Appendix J - 
``Smoking Cessation Program Information for Asbestos Non-Mandatory.'' 
Appendix J was added to 29 CFR 1926.58 - OSHA's Asbestos Standards for 
General Industry and for Construction - in the February 5, 1990 (55 FR 
3724) amendment to the rule.

B. Proposed Deletion of Certain Exemptions From Initial Monitoring and 
Label Requirements

    Sections 763.121 of the WPR and 1926.58 of the OSHA Asbestos 
Standard for Construction, paragraphs (f)(2) Initial Monitoring and 
(k)(2) Labels, provide for certain exemptions from initial monitoring 
and label requirements. EPA is considering deleting certain of these 
exemptions.
    Section 763.121(f)(2)(i) specifies that each employer who has a 
workplace or work operation covered by this subpart, except as provided 
for in paragraphs (f)(2)(ii) and (iii), shall perform initial 
monitoring at the initiation of each asbestos job to determine 
accurately the airborne concentrations of asbestos to which employees 
may be exposed.
    Section 763.121(f)(2)(ii) exempts an employer from initial 
monitoring requirements provided that the employer may demonstrate that 
employee exposures are below the action level by means of objective 
data demonstrating that the product or material containing asbestos 
cannot release airborne fibers in concentrations exceeding the action 
level under those work conditions having the greatest potential for 
releasing asbestos. EPA is considering whether to delete this exemption 
and seeks comment on whether this exemption should be retained or 
deleted.
    EPA is not aware of objective criteria and therefore seeks comments 
on criteria that would be needed to demonstrate a product will not 
release asbestos fibers in excess of the action level under any 
reasonably foreseeable conditions of use, handling, storage, disposal, 
processing, or transportation. The lack of criteria to determine what 
constitutes ``objective data,'' such as testing requirements, by a 
manufacturer to demonstrate low fiber release potential from a product 
that will not exceed the action level, makes it more difficult to 
enforce this provision.
    In any case, EPA would retain Sec. 763.121(f)(2)(iii) which exempts 
employers from initial monitoring requirements of paragraph (f)(2)(1) 
based upon earlier monitoring results. This exemption is available if 
the employer has data from monitoring previous asbestos jobs that 
closely resemble the current operation. EPA believes that this 
exemption, provides more direct guidance to the regulated community, 
and provides more reliable data for the purposes of compliance with the 
provisions of the exemption.
    Under the WPR, Sec. 763.121(k)(2)(vi)(A) and (k)(2)(vi)(B), 
employers are exempt from the label requirements specified in paragraph 
(k)(2)(i), provided that manufacturers can demonstrate that, during any 
reasonably foreseeable use, handling, storage, disposal, processing, or 
transport, no airborne concentrations of asbestos fibers in excess of 
the action level will be released, or that asbestos is present in a 
product or material in concentrations less than 0.1 percent by weight.
    EPA is considering whether to delete the exemption provisions at 
Secs. 763.121(k)(2)(vi)(A) and (k)(2)(vi)(B) and seeks public comments 
on this proposal. EPA believes that exemption from requirements for 
labeling by manufacturers may lead State and local government employers 
subject to the rule to mistakenly assume that the material is incapable 
of releasing asbestos fibers and that initiation of workplace 
monitoring for asbestos exposure is unnecessary. If the product is not 
properly labeled, there is an increased risk that the asbestos-
containing material may not be handled in accordance with prescribed 
work practices for operation and maintenance and other related asbestos 
work activities.
    If EPA deletes the exemptions at Sec. 763.121(f)(2)(ii) and 
Sec. 763.121(k)(2)(vi)(A) and (k)(2)(vi)(B), the requirement under 
Sec. 763.121(n)(1)(i) through (n)(1)(iii), recordkeeping of objective 
data for exempted operations, would also be deleted. However, employers 
would, under Sec. 763.121(n)(2)(i) through (n)(2)(iii), continue to be 
required to retain accurate records of the data from earlier monitored 
jobs that the employer relied on for exemption.

C. Extended Scope of Coverage

    The EPA WPR presently applies solely to asbestos abatement 
projects. The proposed amendment to the WPR would, under 
Sec. 763.120(a), extend the scope of coverage to all asbestos 
``construction work,'' as defined under the OSHA Asbestos Standard for 
Construction, 29 CFR 1910.12(b). ``Construction work'' includes work 
for construction, alteration and/or repair, including painting and 
decorating, as specified in 29 CFR 1926.58(a). ``Construction work,'' 
as defined in 29 CFR 1910.12(b) includes, but is not limited to, (1) 
Demolition or salvage of structures where asbestos is present; (2) 
removal or encapsulation of materials containing asbestos; (3) 
construction, alteration, repair, maintenance, or renovation of 
structures, substrates, or portions thereof, that contain asbestos; (4) 
installation of products containing asbestos; (5) asbestos spill/
emergency cleanup; and (6) transportation, disposal, storage, or 
containment of asbestos on the site or location at which construction 
activities are performed.
    Section 763.120 would be amended by revising paragraph (a), and by 
adding paragraphs (b), (c), and (d). Section 763.120(a) would establish 
requirements that State and local government employers subject to the 
EPA WPR must follow to protect employees during construction work where 
asbestos is present and during automotive brake and clutch repair and 
service operations. Section 763.120(b) would establish work practices 
and controls that employers may follow in special circumstances as an 
alternative to complying with all the requirements of Sec. 763.121. 
Appendices F and G contain alternative practices and controls for 
certain types of construction work. Appendix K contains alternatives 
for brake and clutch work. These alternatives are designed to achieve 
employee exposure to asbestos below the action level of 0.1 f/cc. If an 
employer utilizes the work practices and controls as specified in the 
appropriate appendix, and achieves an exposure below the action level, 
then the employer would be able to avoid the regulatory burdens under 
Sec. 763.121 that are triggered by exposures to asbestos that exceed 
the rule's action level or PEL. Section 763.120(c) specifies 
applicability under the EPA WPR. Section 763.120(d) extends protections 
established in this part to all State and local government employees, 
including employees who are prisoners or students, of all State and 
local governments subject to the EPA WPR.
    In light of the proposed extended scope of coverage under the WPR, 
Sec. 763.121(b) Definitions would be amended by adding definitions for 
``automotive brake repair operations,'' as defined in the OSHA Asbestos 
Standard for General Industry (29 CFR 1910.1001), and ``construction 
work,'' as defined in the OSHA Asbestos Standard for Construction (29 
CFR 1910.12(b) and specified in 29 CFR 1926.58(a)). The definition for 
``asbestos abatement project'' would be deleted, since asbestos 
abatement activities are incorporated within the definition of 
``construction work.'' The definition of ``friable asbestos material'' 
would also be deleted from the EPA WPR because the scope of coverage 
would be expanded to cover all asbestos construction activities 
involving all asbestos-containing materials and would not be limited to 
abatement work involving ``removal, enclosure, or encapsulation of 
friable asbestos material.'' Removal of friable asbestos-containing 
material also would be deleted from the definition of ``emergency 
project.''

D. Incorporation of Appendix F to 29 CFR 1910.1001 the OSHA Asbestos 
Standard for General Industry--as Appendix K to Subpart G

    The 1986 OSHA Asbestos Standard for General Industry regulates 
brake and clutch repair operations under 29 CFR 1910.1001 and Appendix 
F to the standard. EPA would extend the same protections by 
incorporating them into the regulatory requirements of Sec. 763.121 and 
Appendix K.
    Workplace practices specified in proposed Appendix K to the EPA WPR 
are intended as employer guidance for reducing employee exposures to 
asbestos during automotive brake and clutch repair operations to levels 
below the action level of 0.1 fiber per cubic centimeter (0.1 f/cc) of 
air. Employers who follow the recommended work practices in Appendix K 
and who achieve employee workplace exposures below the action level, 
would be able to avoid the burden that might be imposed by complying 
with such requirements as medical surveillance, recordkeeping, 
training, respiratory protection, and regulated areas, that are 
triggered when employee exposures exceed the action level or PEL.

E. Incorporation of Appendices F, H, I, and J to 29 CFR 1926.58 of the 
OSHA Asbestos Standard for the Construction Industry in Subpart G

    The following appendices to the OSHA Asbestos Standard for 
Construction would be incorporated in subpart G as Appendices F, H, I 
and J: Appendix F (Work Practices and Engineering Controls for Major 
Asbestos Removal, Renovation, and Demolition Operators - Non-
Mandatory), Appendix H (Substance Technical Information for Asbestos, 
Non-Mandatory), Appendix I (Medical Surveillance Guidelines for 
Asbestos, Non-Mandatory), and Appendix J (Smoking Cessation Program 
Information for Asbestos - Non-Mandatory).
    Minor revisions would be made to current Appendices A, B, C, D, and 
E to the EPA WPR and to new Appendices H and I to the EPA WPR. New 
Appendix F to the EPA WPR, which is comparable to Appendix F to the 
OSHA Asbestos Standard for Construction, would include several 
revisions. The paragraphs which describe work practices would be re-
ordered. Figures depicting equipment and diagrams would also be 
deleted, and Demolition and Clearance checklists would be relabeled as 
Tables A and B. In addition, procedures outlined in the section, 
Cleaning the Work Area, under Appendix F, would be revised to conform 
to the procedures for cleaning the work area contained in Appendix A to 
part 763, subpart E, of the Asbestos in Schools Rule.

F. Incorporation of Appendix B to Subpart E as Appendix G to Subpart G 
of the EPA WPR

    This proposed amendment would delete Appendix B from the Asbestos 
in Schools Rule and incorporate it, with minor changes, in the EPA WPR 
as Appendix G to Subpart G, because public school employees would now 
be covered directly under the EPA WPR for all ``construction work,'' as 
defined in the OSHA Asbestos Standard for Construction. This Appendix 
is comparable to Appendix G to 29 CFR 1926.58 - the OSHA Asbestos 
Standard for Construction.
    Since the EPA WPR would extend coverage to all public sector 
employees (not just public school employees) engaged in small-scale, 
short-duration operations involving asbestos, Appendix G provides, in 
one place, provisions that all public sector employers subject to the 
EPA WPR, including local education agency employers, shall comply with 
if they wish to be exempt from the negative-pressure enclosure, 
competent person, clearance, and decontamination area requirements, 
specified in Sec. 763.121(e)(6), (j)(1)(i)(B), and (j)(2)(i) for small-
scale, short-duration operations. Based on the OSHA record, the use of 
the work practices and engineering controls described in Appendix G are 
capable of reducing employee exposures to asbestos to levels below the 
rule's action level of 0.1 f/cc for workers engaged in small-scale, 
short-duration activities.
    Finally, EPA proposes several minor revisions to the Appendix: (1) 
Language referring specifically to the Asbestos in Schools Rule would 
be deleted because the Appendix would apply to all construction work in 
public sector workplaces, not just to work in schools; and (2) language 
exempting employers from compliance with Sec. 763.121(f)(2)(i) for 
small-scale, short-duration operations would be revised to correct a 
transcription error in the original Appendix B to the Asbestos in 
Schools Rule. When Appendix B was printed, the letter ``f'' was 
inadvertently substituted for ``j'', thus modifying the applicability 
of the exemption. The proposal would remove the incorrect reference to 
paragraph (f), and exempt employers that complied with the provisions 
of the proposed Appendix G from certain hygiene facility and practices 
requirements in Sec. 763.121(j)(1)(i)(B) and (j)(2)(i).

VII. Proposed Amendment to the Asbestos in Schools Rule

    EPA is proposing to amend the Asbestos in Schools Rule by deleting 
Sec. 763.91(b) which extends coverage of the EPA WPR to employees of 
local education agencies who perform operations, maintenance and repair 
(O&M) activities. The Asbestos in Schools Rule would also be amended by 
deleting Appendix B and incorporating it as Appendix G to the EPA WPR.
    Since the proposesd EPA WPR would provide coverage for all 
construction work directly to employees of local education agencies, 
extension of coverage through Sec. 763.91(b) would no longer be 
necessary. Section 763.91 (b) would refer readers to the WPR.

VIII. Exclusions for States

    Section 763.122 - Exclusions for States - would also be amended to 
delegate authority from the EPA Administrator to the EPA Regional 
Administrators the authority to grant or deny State exclusions from the 
EPA WPR. In addition, the criteria for granting State exclusions would 
be expanded to require State Compliance and Enforcement Plans, and to 
clarify that EPA can rescind exclusions to States when State plans lack 
enforcement provisions.
    States that currently have EPA-approved State Worker Protection 
Plans would have 6 months, or such other reasonable time as suggested 
by the particular State and approved by the applicable Regional 
Administrators, to make their regulations comparable to or more 
stringent than this revised part, and to submit their regulations to 
the appropriate EPA Regional Administrator for review. If States do not 
revise their regulations and submit them to EPA within such reasonable 
time after promulgation of the rule, State and local government 
employees in such States shall automatically be covered by the revised 
EPA WPR.

IX. Future Revisions to this Proposed Rule and Exclusions for 
States

    EPA may make future amendments to the EPA WPR in order to apply 
coverage provided in future revisions to the OSHA Standards, or as 
other issues are identified by EPA.

X. Reporting

     The present EPA WPR requires that employers must notify EPA at 
least 10 days before they commence any asbestos abatement project which 
involves greater than 3 linear feet, or 3 square feet of friable 
asbestos material. As proposed, employers would be required to notify 
EPA before they begin any ``asbestos construction work'' of 3 linear 
feet or greater, or 3 square feet or greater. The scope of required 
reporting would reflect the expanded scope of coverage under the WPR 
and would require reporting of all ``construction work'' where asbestos 
is present, except exempted small-scale operations or emergency 
projects, rather than the present reporting requirements limited to 
asbestos abatement projects.

XI. Regulatory Assessment

    TSCA requires EPA to consider and publish a statement with respect 
to the effects on human health and the environment and the magnitude of 
exposure (section 6(c)(1)(B)). In developing the 1986 WPR and revised 
1987 EPA WPR, EPA considered the requirements imposed by section 
6(c)(1) of TSCA in order to determine whether asbestos exposure 
presents an unreasonable risk. Specifically, it considered the effects 
of asbestos on health and the environment. It also considered the 
benefits of the substance and the availability of substitutes and the 
reasonably ascertainable economic consequences of the EPA WPR. EPA 
incorporates the regulatory assessments made for the previous EPA WPR 
(51 FR 15724 and 52 FR 5618) and assesses in this document only the 
incremental changes introduced by this rule.

A. Health Effects and Magnitude of Exposure to Asbestos

    1. Health effects. EPA classifies asbestos as a Group A carcinogen, 
i.e., a human carcinogen (sufficient evidence in human epidemiological 
studies supported by evidence of carcinogenic effects in several animal 
species). (USEPA/ORD Airborne Asbestos Health Assessment Update, EPA/
600/884/003F, June 1986. See also, USEPA/ORD: The Risk Assessment 
Guidelines of 1986, EPA/600/8-87/045, August 1987), the Annual Report 
on Carcinogens, National Toxicology Program, U.S. Department of Health 
and Human Services.)
    In the preamble to the 1986 WPR (51 FR 15722, April 25, 1986), EPA 
reviewed the serious adverse human health effects associated with the 
use of asbestos, and incorporated that analysis in the 1987 WPR. This 
proposed rule incorporates that analysis and supporting documentation 
as well. The studies reviewed and incorporated in the 1986 WPR Docket 
(Docket No. OPPTS-62044A) include the ``Report to the U.S. Consumer 
Product Safety Commission'' (CPSC) by the Chronic Hazard Advisory Panel 
on Asbestos, ``Health Effects and Magnitude of Exposure'' in EPA's 
``Support Document for Final Rule of Friable Asbestos-Containing 
Materials in School Buildings,'' and the ``Report of the National 
Research Council Committee on Nonoccupational Health Risks of 
Asbestiform Fibers.''
    EPA finds that exposure to asbestos poses risk of adverse health 
effects. The effects of asbestos exposure have been examined in 
numerous human epidemiology studies and animal studies. Diseases 
associated with exposure to asbestos that have been identified include 
lung cancer, mesothelioma, gastrointestinal cancer, and cancers of 
other organs, as well as asbestosis, a disabling fibrotic lung disease. 
A detailed discussion of specific diseases associated with asbestos 
exposure, the estimated exposure to workers, and cancer risk 
extrapolation, is found in the preamble to the 1986 EPA WPR.
    2. Magnitude of exposure. The current (1987) EPA WPR covers State 
and local government employees in the 27 States that do not have OSHA-
approved State plans who are engaged in asbestos abatement projects 
only. The proposed WPR would expand the scope of coverage to include 
all construction and brake repair work where asbestos is encountered in 
public sector workplaces by State and local government employees in 
those States covered by the EPA WPR.
    In the 1986 WPR, EPA estimated that asbestos abatement workers 
would be exposed to asbestos during abatement work, that other State 
and local public employees, including public school employees, public 
hospital staff, and State and local government office workers, would be 
exposed during abatement, and that other occupants and visitors would 
be exposed after abatement. These estimates are contained in the EPA 
support document for the 1986 Rule - ``Asbestos Abatement Rules: A 
Preliminary Cost-Effectiveness Analysis. Revised Draft Report May, 
1986'' (Docket No. OPPTS-62044A). EPA found that the risk to State and 
local government abatement workers would be reduced by the protection 
provided by the WPR (51 FR 15722, April 25, 1986).
    In the 1987 EPA WPR, EPA found that the revised rule would further 
reduce risk to public sector asbestos abatement workers because of the 
reduction in the PEL from 2.0 f/cc to 0.2 f/cc, and because of the 
requirement for additional work practices and protective equipment. (52 
FR 5619, February 25, 1987).
    The incremental impact of this proposed rule is presented in the 
Regulatory Impact Analysis (RIA) proposed for this rule (Asbestos 
Worker Protection Rule Regulatory Impact Analysis, Revised Draft 
Report. July 23, 1993. Contract #68-D2-0064). In the RIA, the number of 
State and local government employees engaged in construction work and 
brake and clutch repair in the 27 States that would be covered by the 
extended scope of coverage of this proposed rule is based on estimated 
``full-time equivalents'' (FTEs) rather than actual numbers of 
employees. For example, two workers exposed to asbestos in their work 
activities one-half year each would total one FTE. The RIA assumes that 
public sector workers are not engaged in asbestos-related construction 
work and brake repair on a full-time basis and, thus, are not exposed 
to asbestos full-time in the workplace.
    EPA examined three kinds of worker exposures: (1) Those associated 
with building maintenance work, (2) those associated with building 
renovation work, and (3) those associated with brake and clutch repair 
work. To simplify the construction sector analysis, EPA grouped several 
maintenance tasks together. Tasks involving work on lighting, heating 
ventilation, and air-conditioning systems were combined in this way, as 
were boiler/furnace repair and plumbing repair. Exposure estimates for 
these tasks were also grouped together.
    To estimate the magnitude of exposure to employees affected by this 
proposed rule, EPA first estimated the number of buildings and motor 
vehicles owned by State and local governments in those 27 States 
without OSHA-approved State plans. EPA then estimated the frequency 
with which various kinds of projects involving asbestos exposure would 
be conducted, and the person-hours required per project. Finally, for 
construction work, EPA used these estimates of the number of projects 
and person-hours needed per project to estimate the number of FTEs 
associated with each type of project in buildings owned by State and 
local governments on an annual basis in the States covered by the EPA 
WPR. For brake and clutch repair, EPA derived the estimated number of 
public sector brake and clutch repair workers affected by using the 
following assumption. The ratio which exists between the number of 
workers exposed in automobile repair nationwide (b) and the number of 
private brake and clutch repairs performed (c) was assumed to be the 
same as the ratio between the number of public sector brake and clutch 
repair workers (x) and the number of brake and clutch repairs performed 
on government vehicles (a): (x/a = b/c).
    The estimated number of FTE's in the 27 States that would be 
covered by the proposed EPA WPR are: 1,227 to 1,910 FTEs for 
maintenance activities, 2,022 FTEs for renovation work, and 9,692 FTEs 
for brake and clutch repair.
    Because public sector workers in the 27 states without OSHA-
approved state plans are not covered under existing regulations, 
monitoring data are not available on the exposure levels for this 
specific worker population under unregulated conditions. For this 
analysis, therefore, EPA assumes that the individual baseline asbestos 
exposure levels for state and local government employees are those 
estimated by OSHA in 1986 for private-sector workers conducting the 
same kinds of work under OSHA's 1986 2.0 f/cc PEL. OSHA's estimates are 
based on a variety of sources but rely principally on personal exposure 
monitoring data from OSHA's Integrated Management Information System 
(IMIS) and on sampling conducted for OSHA under contract.
    Because public sector worker exposure to asbestos in the states 
covered by the EPA WPR is not controlled under existing regulations for 
construction work, other than abatement work, or for brake and clutch 
repair, actual exposures may exceed the level estimated in the RIA for 
this proposed rule. EPA assumes that present, unregulated, exposure 
levels exceed the PEL proposed in this document. In that case, state 
and local employers would be required to comply with the work practices 
proposed in the amendments to the EPA WPR once the rule is issued in 
order to reduce employee exposures to below the PEL and action level. 
The rule's benefits would result from the use of the work practices 
required by this proposed rule, which would reduce exposure levels 
below the proposed PEL to the levels indicated in the next paragraph. 
Although EPA believes exposures are higher, the benefits are measured 
only for the incremental decrease in exposure from the exposure levels 
estimated by OSHA in its 1986 asbestos standard, and not for the full 
reduction from present, unregulated, exposure levels. Accordingly, the 
true magnitude of exposure is not reflected in the benefits, which are, 
therefore, understated.
    The baseline exposure levels estimated by OSHA in 1986 and used in 
this proposed rule to calculate benefits are as follows. Baseline 
exposure levels for maintenance work are estimated to range from 0.02 
f/cc for flooring repair to 0.75 f/cc for drywall repair. Exposure 
levels for maintenance work under this proposed rule would range from 
0.001 f/cc to 0.02 f/cc. Baseline exposure levels for renovation work 
range from 0.12 f/cc for built-up roofing to 0.34 f/cc for drywall 
demolition. Exposure levels for renovation work under this proposed 
rule would range from 0.0012 f/cc to 0.034 f/cc. The baseline exposure 
level for brake and clutch repair work is 0.06 f/cc, and exposures 
would be reduced to 0.015 f/cc by following the work practices in this 
proposed rule.

B. Benefits of Asbestos Products and Availability of Substitutes

    EPA has considered both the benefits of asbestos for the uses 
regulated by the proposed rule and the availability of substitutes for 
those uses. EPA has concluded that the benefits of asbestos for such 
uses are minimal, and that there are substitutes available for those 
uses.
    When EPA first promulgated the WPR in 1986, and later amended it in 
1987, it concluded that the benefits of asbestos-containing products 
affected by the rule were minimal (51 FR 15722, April 25, 1986 and 52 
FR 5618, February 25, 1987). EPA noted that the 1986 and 1987 rules 
applied only to asbestos abatement projects where persons had already 
decided to remove, enclose, or encapsulate friable asbestos-containing 
material (ACM). In such situations, EPA presumed that the persons had 
already determined that there were little or no benefits in using the 
ACM in its present condition.
    EPA continues to believe that the proposed regulation would have 
little or no impact on any benefits associated with the uses of 
asbestos that are affected by the proposed revisions to the WPR. This 
is particularly true where the provisions concern work associated with 
the removal, enclosure, or encapsultation of ACM. Persons directing 
those activities presumably have decided that there are no benefits to 
continued use of the asbestos. The same reasoning applies to most other 
construction activities that would be governed by the resided WPR such 
as demolition and asbestos spill or emergency cleanup, as well as the 
transportation, disposal, storage, or containment that is associated 
with those activities or with asbestos abatement projects. It also 
applies to the removal of asbestos used in brakes and clutches. In all 
of those activities, the persons are getting rid of the ACM, and 
therefore have apparently decided that there are few, if any, benefits 
to the continued use of asbestos.
    Even where the proposed rule would regulate the installation of 
asbestos-containing products during construction, EPA believes that 
there are few impacts on the benefits from such uses of asbestos. This 
proposed rule would not prevent anyone from using the products. The 
proposed rule would require some expenditures to comply with the 
additional safety practices, but as discussed in unit XII of this 
preamble, such costs are very small when considered in the context of 
existing State and local government expenditures for building 
maintenance.
    EPA also believes that there are substitutes available for the 
asbestos uses that would be regulated by the revised WPR. In its 1986 
rulemaking, OSHA concluded that the extensive tort litigation in the 
area of occupational exposure to asbestos and the awareness of the 
health effects associated with asbestos exposure had provided a strong 
incentive for producers and users of asbestos products to utilize 
substitutes. OSHA estimated that approximately 50 to 75 percent of 
producers of phenolic molding compounds have substituted other 
materials such as clay or fiberglass for asbestos. OSHA concluded that 
similar success had been achieved in the production of floor tile, 
where non-asbestos fibers and petrochemicals were being used, and in 
friction materials. OSHA noted that roofing felts, pipeline felts, and 
asphalt coatings have all been produced using fiberglass in place of 
asbestos fibers.
    OSHA further noted that, in the past, the price of substitute 
materials had been much higher than the price of asbestos, but that the 
``full price'' of using asbestos, which includes the potential cost of 
control methods, tort litigation, etc., had increased significantly. 
OSHA concluded, therefore, that the difference between the cost of 
using asbestos and the cost of using other substitute materials had 
diminished greatly and in many instances had disappeared entirely (see 
preamble to the 1986 OSHA Asbestos Standards - Availability of 
Substitutes - 51 FR 22651, June 20, 1986).
    Inasmuch as the proposed EPA WPR neither proscribes nor prescribes 
the use of asbestos or substitutes for asbestos, the rule would have 
little, if any, impact on the availability of asbestos or require the 
use substitutes. However, persons who use ACM would be subject to the 
work practice requirements specified in this proposed rule in order to 
ensure that worker exposures do not exceed the PEL and action level.

C. Economic Effects of the Proposed Rule

    Section 6(c)(1)(D) of TSCA requires EPA to determine the 
``reasonably ascertainable economic consequences of the proposed rule 
after consideration of the effect on the national economy, small 
business, technological innovation, the environment, and public 
health.'' Based on the Regulatory Impact Analysis (RIA) developed in 
support of this proposed rulemaking action, EPA projects that the 
economic effects on State and local governments would be minimal and 
that the benefits to employees of State and local governments would be 
significant in terms of risk reduction.
    EPA estimates that the total annualized cost to State and local 
governments of compliance with the proposed rule would range from $15.4 
to $17.3 million. The annualized cost would be $3.1 million to $4.8 
million for the maintenance sector, $11.8 million for the renovation 
sector, and $0.6 to 0.8 million for the brake and clutch repair sector. 
Costs are presented as a range because of uncertainties in the number 
and frequency with which repairs will have to be made in the 
maintenance and brake and clutch repair sectors. EPA believes that 
these are high estimates of the actual annual compliance costs that 
will be incurred in future years, because, as States and localities 
make repairs that involve asbestos, many will decide to replace the ACM 
with a substitute.
    When these costs are considered in the context of state and local 
government budgets dedicated to building maintenance, the costs of the 
proposed rule are very small. The incremental compliance costs for the 
proposed rule in both the maintenance and renovation sectors would 
cause 0.21 to 0.24 percent increase in the costs of State and local 
government spending for building upkeep. States covered by the EPA WPR 
are already required to comply with worker protection requirements for 
public sector workers engaged in asbestos abatement projects. Such a 
minimal change in the cost of building maintenance is unlikely to have 
any significant impact on State and local government budgets.
    Costs were also measured in terms of cost per cancer case avoided. 
The cost per case avoided was calculated by dividing the social cost of 
the rule by the number of cases potentially prevented by the rule over 
the next 30 years. Compliance with the proposed rule was estimated to 
prevent between 61 and 67 asbestos-related cancer deaths over 30 years 
at a social cost of $15,442,787 to $17,331,401 millon per year. Taking 
the mid-point of the benefits and cost ranges, for the rule as a whole, 
the average annualized cost per case avoided would be $5.1 million. In 
the maintenance sector, the cost per case avoided is estimated to be 
$5.6 million; in the renovation sector, the cost per case avoided is 
estimated at $7.1 million; and in the brake and clutch repair sector, 
the cost per case avoided is estimated to be between $0.7 and $0.9 
million.
    EPA believes the cost per case avoided is overstated in the 
maintenance and renovation sectors, because not all benefits are 
counted. The estimates do not account for the cancer cases that the 
proposed rule is likely to prevent among other building occupants and 
bystanders who are located in the vicinity of the asbestos maintenance 
and renovation projects covered by the proposed rule.

D. Evaluation of Other Statutes

    Under section 6(c) of TSCA, EPA may not promulgate a rule under 
section 6(a) of TSCA if EPA determines that a risk of injury to health 
or the environment could be eliminated or reduced to a sufficient 
extent by actions taken under another statute administered by EPA, 
unless EPA finds it is in the public interest to protect against the 
risk by action under TSCA. EPA has analyzed other statutes administered 
by EPA and concludes that no other law administered by EPA will 
satisfactorily eliminate or reduce the risks to State and local 
government workers.
    Under section 9(a) of TSCA, EPA is required to review other Federal 
authorities not administered by EPA to determine whether action under 
those authorities may prevent or reduce a given risk. This amendment 
would extend coverage only to persons not covered by other Federal 
laws. The only statute not administered by EPA that could reduce risks 
from workplace exposure to asbestos is the Occupational Safety and 
Health (OSH) Act, administered by OSHA. However, the OSH Act does not 
apply to State and local government employees. The OSH Act does provide 
that a state can implement its own state worker protection plan, 
subject to approval by the Secretary of Labor. Twenty-three States and 
two U.S. territories have implemented State plans. Twenty-seven States 
do not have OSHA-approved State plans. EPA has determined that there is 
no statute administered by another Federal agency that can prevent or 
reduce the risk of asbestos exposure presented to public sector 
employees not covered by the OSHA Asbestos Standards or by State plans 
during asbestos-related construction and brake and clutch repair work. 
EPA's analysis of this issue is in the preamble to the 1986 EPA WPR (51 
FR 15722).

XII. Finding of Unreasonable Risk

    TSCA section 6 requires EPA to weigh the benefits against the costs 
of the proposed rule. To fulfill this requirement, EPA prepared an RIA 
to assess the costs and benefits of the proposed rule.
    In the RIA, the benefits of the proposed rule were estimated in 
terms of the number of deaths from lung cancer, mesothelioma, and 
gastrointestinal cancers attributable to asbestos exposure that would 
be prevented by the new, lower exposures to asbestos due to the 
proposed rule. EPA used the models developed by Nicholson for OSHA and 
EPA to estimate the relative and absolute risks of lung cancer and 
mesothelioma cases, respectively. A detailed discussion of the data 
inputs for the health model is found in Appendix C of the RIA.
    EPA estimates that 69 to 75 asbestos-related deaths would occur 
among unprotected public sector workers engaged in construction work 
and brake and clutch repair over the course of 30 years in the absence 
of the proposed EPA WPR, and that 61 to 67 of these deaths would be 
avoided under the proposed rule.
    EPA believes that the estimated benefits are understated. The true 
magnitude of risk reduction is not reflected in the estimated benefits, 
because the benefits of risk reduction are measured only for the 
incremental decrease in exposure from the exposure levels estimated by 
OSHA in its 1986 asbestos standard, and not for the full reduction from 
present, unregulated exposure levels. Exposures to persons other than 
workers in areas where asbestos-related work activities are being 
conducted are also not quantified.
    EPA weighed the costs and benefits of extending coverage for 
asbestos-related construction work and brake and clutch repair to State 
and local government workers. EPA believes that the benefits of 61 to 
67 cancer cases avoided in the unprotected public sector worker 
population outweigh the estimated annualized cost per case avoided of 
$5.1 million.
    EPA believes, therefore, that unregulated exposure to asbestos in 
construction and brake and clutch repair work in public sector 
workplaces presents an unreasonable risk of injury to human health.

XIII. Enforcement

    Section 15 of TSCA makes it unlawful to fail or refuse to comply 
with any provision of a rule promulgated under section 6 of TSCA. 
Therefore, failure to comply with the rule would be a violation of 
section 15 of TSCA. In addition, section 15 of TSCA makes it unlawful 
for any person to: (1) Fail or refuse to establish and maintain records 
as required by the rule; (2) fail or refuse to permit access to or 
copying of records, as required by TSCA; or (3) fail or refuse to 
permit entry or inspection as required by section 11 of TSCA.
    Violators may be subject to both civil and criminal liability. 
Under the penalty provision of section 16 of TSCA, any person who 
violates section 15 could be subject to a civil penalty of up to 
$25,000 for each violation. Each day of operation in violation of the 
rule could constitute a separate violation. Knowing or willful 
violations of the rule could lead to the imposition of criminal 
penalties of up to $25,000 for each day of violation and imprisonment 
for up to 1 year. In addition, other remedies are available to EPA 
under sections 7 and 17 of TSCA, such as seeking an injunction to 
restrain violations of the rule.

XIV. Confidentiality

    All comments will be placed in the public record unless the 
commentater claims that they contain confidential business information 
(CBI), and the comments are clearly labeled as containing claimed CBI 
when they are submitted. Because of the need to expedite this process, 
CBI claims should be accompanied by comments substantiating the claim 
as described in 40 CFR 2.204(e)(4). While a part of the record, CBI 
comments will be treated in accordance with 40 CFR part 2. A sanitized 
version of all comments subject to CBI claims should be submitted to 
EPA for the public file.
    It is the responsibility of the commentater to comply with 40 CFR 
part 2 so that all materials claimed as confidential may be properly 
protected. This includes, but is not limited to, clearly indicating on 
the face of the comment (as well as on any associated correspondence) 
that information claimed to be CBI is included, or marking 
``CONFIDENTIAL,'' ``TSCA CBI,'' or a similar designation on the face of 
each document or attachment in the comment which contains the claimed 
CBI. EPA will consider the failure to clearly identify the claimed 
confidential status on the face of the comment as a waiver of any such 
claim and will make such information available to the public without 
further notice to the commentater or business.

XV. Request for Comments

    EPA is requesting comment on the proposed rule only to the extent 
that it would amend or change the existing regulations. EPA is not 
soliciting comments on provisions of the existing regulations that 
would not be changed by this proposal. Some provisions of the existing 
rule and appendices are reproduced here for clarity and to facilitate 
understanding of how the changes and amendments fit within the existing 
regulatory scheme. The existing appendices are reproduced in their 
entirety because these appendices, along with the new appendices 
incorporated in the rule, are moved from Sec. 763.121(p) and recodified 
as Appendices to 40 CFR part 763, Subpart G.

XVI. Rulemaking Record

    EPA has established a record for this rulemaking under document 
control number OPPTS-62125. A public version of the record and an index 
of documents in the record are available to the public in the TSCA 
Nonconfidential Information Center (NCIC), also known as, the TSCA 
Public Docket Office from noon and to 4 p.m., Monday through Friday, 
except legal holidays. TSCA NCIC is located in Rm. E-G102, 401 M St., 
SW., Washington, DC.
    The record includes information considered by EPA in developing 
this proposed rule, including the following categories of information: 
(1) Federal Register notices cited in this document, (2) support 
documents, and (3) other referenced documents.
    The record also incorporates by reference the rulemaking record for 
the 1987 EPA WPR final rule (Docket Number OPPTS-62050) which includes 
the dockets for the 1986 OSHA Asbestos Standard, and the 1986 EPA WPR.

XVII. Support Document

    USEPA, OPPT, OPPTS. Asbestos Worker Protection Rule. Regulatory 
Impact Analysis. Revised Draft Report, January 13, 1993. Revised July 
23, 1993. Prepared by ICF, Inc., Contract Number 68-D2-0064.

XVIII. References

    (1) USEPA, ORD, OHEA. Airborne Asbestos Health Assessment Update. 
EPA/600/8-84/003F, June 1986.
    (2) USEPA, OPTS, OTS. Toxic Substances; Asbestos Abatement 
Projects; Worker Protection; Final Rule (51 FR 15722, April 25, 1986).
    (3) USEPA, 1987. Asbestos Abatement Projects; Worker Protection; 
Final Rule (52 FR 5618, February 25, 1987).
    (4) USEPA, 1987. Asbestos-Containing Materials in Schools; Final 
Rule and Notice. Part 763 (amended) subpart E, 52 FR 41926, October 30, 
1987.
    (5) USDOL, OSHA. 20 CFR Parts 1910 and 1926 ``Occupational Exposure 
to Asbestos, Tremolite, Anthophyllite, and Actinolite,'' Final Rules 
(June 20, 1986, 51 FR 22612).
    (6) USDOL, OSHA. 29 CFR Parts 1910 and 1926 ``Asbestos, Tremolite, 
Anthophyllite, and Actinolite''; Final Rules. Preamble. (September 14, 
1988, 53 FR 35610).
    (7) USDOL, OSHA. 29 CFR Parts 1910 and 1926 ``Occupational Exposure 
to Asbestos, Tremolite, Anthophyllite, and Actinolite,'' Final Rule; 
Partial Response to Court Remand. Preamble. (December 20, 1989, 54 FR 
52024).
    (8) USDOL, OSHA. 29 CFR Parts 1910 and 1926 ``Occupational Exposure 
to Asbestos,'' Final Rule; Partial Response to Court Remand. Preamble. 
(February 5, 1990, 55 FR 3724).
    (9) USDOL, OSHA. 29 CFR Parts 1910 and 1926 ``Occupational Exposure 
to Asbestos, Tremolite, Anthophyllite and Actinolite; Proposed Rule'' 
(July 20, 1990, 55 FR 29712).

XIX. Regulatory Assessment Requirements

A. Executive Order 12866

    Under Executive Order 12866 (58 FR 51735, October 4, 1993), the 
Agency must determine whether the regulatory action is ``significant'' 
and therefore subject to review by the Office of Management and Budget 
(OMB) and the requirements of the Executive Order. Under section 3(f), 
the order defines a ``significant regulatory action'' as an action that 
is likely to result in a rule: (1) Having an annual effect on the 
economy of $100 million or more, or adversely and materially affecting 
a sector of the economy, productivity, competition, jobs, the 
environment, public health or safety, or State, local or tribal 
governments or communities (also referred to as ``economically 
significant''); (2) creating serious inconsistency or otherwise 
interfering with an action taken or planned by another agency; (3) 
materially altering the budgetary impacts of entitlement, grants, user 
fees, or loan programs or the rights and obligations of recipients 
thereof; or (4) raising novel legal or policy issues arising out of 
legal mandates, the President's priorities, or the principles set forth 
in this Executive Order.
    EPA has determined that the proposed amendment to the EPA WPR will 
not have an effect on the economy of $100 million annually. EPA has 
prepared an RIA as part of this rulemaking which estimates that the 
economic impact of the proposed rule to State and local governments 
would not be significant. EPA estimates that the overall costs of the 
proposed rule to the 27 State and local governments would be about 
$15.4 to $17.3 million per year over 30 years and would constitute only 
a very small percentage of these entities' budgets. The compliance 
costs for the proposed rule in both the maintenance and renovation 
sectors would cause a 0.21 to 0.24 percent increase in the costs of 
State and local government spending for building upkeep.
    A copy of the RIA has been included in the administrative record 
for this rule, and is available for public inspection, as outlined in 
Unit XVI of this Notice.

B. Executive Order 12875

    Executive Order 12875 (58 FR 58093, October 28, 1993) requires the 
Agency to consult with representatives of affected State, local, and 
tribal governments prior to the formal promulgation of a regulation 
containing a proposed unfunded mandate. Through the Forum on State and 
Tribal Toxics Action (FOSTTA), EPA briefed the States that are affected 
by the EPA WPR, seeking comments on the proposed WPR amendments. The 
Forum is a mechanism for State and tribal officials to cooperate in 
addressing toxics-related issues and to improve communication and 
coordination between States, tribes, and the EPA. FOSTTA has forged a 
communication network linking the States and tribes and EPA's Office of 
Prevention, Pesticides and Toxic Substances (OPPTS) and the Office of 
Enforcement and Compliance Assurance (OECA) on a variety of toxics-
related issues. EPA met with members of the FOSTTA Coordinating 
Committee at a meeting on February 27, 1994, to discuss the provisions 
of the EPA WPR. The National Conference of State Legislatures (NCSL), 
through FOSTTA, provided EPA with a summary of findings from a survey 
of asbestos programs in States without OSHA-approved State plans. 
Information regarding EPA's consultation with States (i.e.,the EPA 
briefing paper submitted to the FOSTTA membership, FOSTTA Coordinating 
Committee Meeting Agenda, and NCSL survey summary) has been included in 
the administrative record for this proposed rule and is available for 
public inspection in the Docket for the EPA WPR.
    The proposed EPA WPR would require State and local governments to 
comply with additional worker protection provisions to protect State 
and local government workers from exposure to asbestos. The Regulatory 
Impact Analysis (RIA), developed to support this rulemaking, concluded 
that while the proposed rule may affect a substantial number of State 
and local government entities, the costs of additional worker 
protection requirements under this proposed rule would not have a 
significant impact on State and local government budgets, even on those 
portions of local government budgets that are devoted to building 
maintenance (see unit XIX.C. of this preamble). In addition, the 
proposed regulatory text provides, at Sec. 763.122, Exclusions for 
States, that EPA may grant exclusions from the EPA WPR requirements to 
States that develop their own State worker protection plans.

C. Regulatory Flexibility Act

    Under the Regulatory Flexibility Act, (5 U.S.C. 605(b)), EPA must 
prepare a Regulatory Flexibility analysis for all regulations that will 
have a significant impact on a substantial number of small entities. 
The Act defines ``small entities'' as including small governmental 
jurisdictions and further defines small governmental jurisdictions as 
the governments of cities, towns, townships, villages, school 
districts, or special districts that have populations of fewer than 
50,000. Because the proposed rule will affect governmental 
jurisdictions in the 27 States covered by the EPA WPR that engage in 
construction work or brake and clutch repair work, the proposed rule 
can reasonably be expected to affect a substantial number of small 
governmental entities. However, the costs of the proposed rule 
represent only 0.21 to 0.24 percent of costs expended by State and 
local governments for building upkeep. Thus, the costs of the proposed 
rule will not have a significant impact even on those portions of local 
government budgets that are devoted exclusively to building 
maintenance. As a result, the Agency concludes that the proposed rule 
will not have a significant impact on a substantial number of small 
governmental jurisdictions and that a full Regulatory Flexibility 
Analysis is therefore, unnecessary. A discussion of EPA's economic 
analysis of this proposed amendment to the WPR appears in Unit XI of 
this preamble.
    Therefore, pursuant to section 605(b) of the Regulatory Flexibility 
Act, 5 U.S.C. 605(b), the Administrator certifies that this proposed 
rule will not have a significant economic impact on a substantial 
number of small entities.

D. Paperwork Reduction Act

    The information collection requirements in this proposed rule have 
been submitted for approval, as a revision to OMB control number 2070-
0072, to the Office of Management and Budget (OMB) under the Paperwork 
Reduction Act, 44 U.S.C. 3501 et seq. An Information Collection Request 
document has been prepared by EPA (ICR No. 1246.04), and a copy may be 
obtained from Sandy Farmer, Information Policy Branch (2136), U.S. 
Environmental Protection Agency, 401 M St., SW., Washington, DC 20460 
or by calling (202) 260-2740.
     This collection of information is estimated to have a public 
reporting burden averaging 1 hour per response, and to require 24.02 
hours per recordkeeper annually. This includes time for reviewing the 
collection of information. The collection activities for this rule 
include: (1) Read and interpret rule; (2) respirator program, and (3) 
exposure monitoring activities; (4) training program; (5) medical 
surveillance reporting and recordkeeping; (6) employee and agency 
access; and (7) report project initiation. The total annual burden 
hours is 52,042, and represents an incremental burden-hour increase of 
4,160 hours over the total annual reporting burden for the 1987 EPA 
WPR.
    Send comments regarding the burden estimate or any other aspect of 
this collection of information, including suggestions for reducing this 
burden, to the Chief, Information Policy Branch (2136), U.S. 
Environmental Protection Agency, 401 M St., SW., Washington, DC 20460; 
and to the Office of Information and Regulatory Affairs, Office of 
Management and Budget, Washington, DC 20503, marked ``Attention: Desk 
Officer for EPA.'' The final rule will respond to any OMB or public 
comments on the information collection requirements contained in this 
proposed rule.

List of Subjects in 40 CFR Part 763

    Environmental protection, Asbestos, Asbestos in schools (AHERA), 
Hazardous substances, Reporting and recordkeeping requirements, State 
and local governments, Worker protection.

    Dated: October 14, 1994.
Carol M. Browner.
Administrator.

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

Part 763--[AMENDED]

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

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

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


Sec. 763.91  Operations and maintenance.

        *    *    *    *    *
    (b) Worker protection. See Subpart G of this part.
        *    *    *    *    *
    3. The subpart heading for subpart G is revised to read as follows: 
``Asbestos Worker Protection.''

Appendix B to Subpart E [Redesignated]

    4. Appendix B to Subpart E is redesignated as Appendix G to Subpart 
G of this part, and Appendix B to Subpart E is reserved.
    5. Section 763.120 is revised to read as follows:


Sec. 763.120   Scope.

    (a) This part establishes requirements that State and local 
government employers must follow to protect employees from occupational 
exposure to asbestos during construction work where asbestos is 
present, and during automotive brake and clutch repair and service 
operations. Some of these requirements apply only to construction work, 
and do not apply to brake and clutch operations. Requirements that 
apply only to construction work are contained in Sec. 726.121(d) which 
governs communications on multi-employer worksites, and 
Sec. 726.121(e)(6), (i)(4), and (j)(2) which govern asbestos removal, 
demolition, and renovation operations.
    (b) Appendix F of this subpart (Work Practices and Engineering 
Controls for Major Asbestos Removal, Renovation, and Demolition 
Operations), Appendix G of this subpart (Work Practices and Engineering 
Controls for Small-Scale, Short-Duration Asbestos Renovation and 
Maintenance Activities), and Appendix K of this subpart (Work Practices 
and Engineering Controls for Automotive Brake Repair Operations) are 
designed to provide guidelines to assist employers in complying with 
the requirements of this rule. These appendices recommend specific work 
practices and engineering controls that State and local government 
employers may follow to reduce employee exposures to asbestos in the 
workplace. Employers who use the recommended work practices and 
controls and who achieve employee exposures below the action level of 
0.1 fibers cubic centimeter will be able to avoid certain burdens that 
would be imposed by complying with requirements triggered when employee 
exposures to asbestos exceed the rule's action level or permissible 
exposure limit.
    (c) The requirements in this subpart apply only to State and local 
government employers that are not subject to the asbestos standards of 
OSHA, 29 CFR 1910.1001 or 29 CFR 1926.58, a State asbestos standard 
that OSHA has approved under section 18 of the Occupational Safety and 
Health Act, or a State asbestos plan that EPA has determined is 
comparable to, or more stringent than, this part.
    (d) The protections established in this part extend to employees, 
including employees who are prisoners or students, of all State and 
local governments that are subject to the requirements of this subpart.
    6. Section 763.121 is amended by removing from paragraph (b) the 
definitions for ``asbestos abatement project'' and ``friable asbestos 
material,'' by alphabetically inserting the definitions for 
``automotive brake and clutch repair operations'' and ``construction 
work,'' and by revising the definitions for ``emergency project,'' by 
revising paragraphs (c), (e)(1) and (e)(2), by redesignating and 
revising paragraph (e)(6)(iii)(A) as (e)(6)(iii), by deleting paragraph 
(e)(6)(iii)(B), by adding paragraph (e)(7), by revising paragraphs 
(f)(1)(ii), (f)(1)(iii), (f)(2)(ii), (f)(2)(iii), and (f)(4), by 
revising the introductory text of paragraph (g)(1)(i), revising 
(g)(1)(ii), by removing paragraph (g)(2)(iii), by revising paragraphs 
(g)(3), (h)(1)(iii), (h)(3)(i), (i)(1), (i)(2)(i), (i)(2)(ii), and 
(j)(1)(iii), by adding paragraph (j)(2)(vii) and paragraph (j)(3), by 
revising paragraph (k)(1)(i), by adding paragraph (k)(1)(iii), by 
revising paragraph (k)(3)(i), by adding paragraphs (k)(3)(iii)(I), 
(k)(3)(iii)(J) and (k)(4)(iii), by revising paragraph (m)(1)(i), by 
adding paragraph (m)(4)(i)(D), by revising paragraphs (n)(1)(i), by 
redesignating paragraph (o) as paragraph (q) and revising it, by adding 
a new paragraph (o), by redesignating paragraph (p) as paragraph (r) 
and revising it to read as follows:


Sec. 763.121   Regulatory requirements.

        *    *    *    *    *
    (b) Definitions.
        *    *    *    *    *
    Automotive brake and clutch repair operations means repair, 
cleaning and replacement of asbestos-containing clutch plates and brake 
pads, shoes, and linings and removal of asbestos-containing residue 
from brake drums or clutch housing that has been deposited as brakes 
and clutches wear.
        *    *    *    *    *
    Construction work means work for construction, alteration, and/or 
repair, including painting and decorating, and includes (but is not 
limited to) the following construction activities:
    (1) Demolition or salvage of structures where asbestos is present;
    (2) Removal or encapsulation of materials containing asbestos;
    (3) Construction, alteration, repair, maintenance, or renovation of 
structures, substrates, or portions thereof, that contain asbestos;
    (4) Installation of products containing asbestos;
    (5) Asbestos spill/emergency cleanup, and
    (6) Transportation, disposal, storage, or containment of asbestos 
or products containing asbestos on the site or location at which 
construction activities are performed.
        *    *    *    *    *
    Emergency project means a project involving the removal, enclosure, 
or encapsulation of asbestos-containing material that was not planned, 
but results from a sudden unexpected event.
        *    *    *    *    *
    (c) Permissible exposure limits (PELS).--(1) Time-weighted average 
limit (TWA). The employer shall ensure that no employee is exposed to 
an airborne concentration of asbestos in excess of 0.2 fibers/cubic 
centimeter (f/cc) of air as an 8-hour TWA as determined by the method 
prescribed in Appendix A of this section, or by an equivalent method.
    (2) Excursion limit. The employer shall ensure that no employee is 
exposed to an airborne concentration of asbestos in excess of 1.0 (1 f/
cc) of air as averaged over a sampling period of 30 minutes.
    (3) Alternative voluntary method. The employer may utilize exposure 
limits based on Transmission Electron Microscopy (TEM) Analytical 
Method following the method contained in part 763 Appendix A to Subpart 
E. In order to achieve limits comparable to the number of fibers 
counted by Phase Contrast Microscopy (PCM), the corresponding exposure 
limit, by TEM for the PEL of 0.2 f/cc, is 1.3 structures/cubic 
centimeter (s/cc) for an 8-hour TWA. The corresponding exposure limit, 
by TEM for the excursion limit of 1.0 f/cc as averaged over a sampling 
period of 30 minutes, is 6.7 s/cc averaged over the 30-minute excursion 
period.
        *    *    *    *    *
    (e) Regulated areas.--(1) General. The employer shall establish a 
regulated area in work areas where airborne concentrations of asbestos 
exceed or can reasonably be expected to exceed the TWA and/or excursion 
limit prescribed in paragraph (c) of this section.
    (2) Demarcation. The regulated area shall be demarcated in any 
manner that minimizes the number of persons within the area and 
protects persons outside the area from exposure to airborne 
concentrations of asbestos in excess of the TWA and/or excursion limit.
        *    *    *    *    *
    (6)  *  *  *
    (iii) In addition to the qualifications specified in paragraph (b) 
of this section, the competent person shall be trained in all aspects 
of asbestos abatement, the contents of this subpart, the identification 
of asbestos and its removal procedures, and other practices for 
reducing the hazard. Such training shall be obtained in a comprehensive 
course, such as a course conducted by an EPA or State-approved training 
provider, or an equivalent course.
    (7) For small-scale, short-duration operations, the employer who 
complies with the provisions of Appendix G of this subpart is not also 
required to comply with paragraphs (e)(6) and (j)(1)(i) and (j)(2)(i) 
of this section.
    (f)  *  *  *
    (1)  *  *  *
    (ii) Determinations of employee exposure shall be made from 
breathing zone air samples that are representative of the 8-hour TWA 
and 30-minute short-term exposures of each employee.
    (iii) Representative 8-hour TWA employee exposures shall be 
determined on the basis of one or more samples representing full-shift 
exposure for employees in each work area. Representative 30-minute 
short-term employee exposures shall be determined on the basis of one 
or more samples representing 30-minute exposures associated with 
operations that are most likely to produce exposures above the 
excursion limit for employees in each work area.
    (2)  *  *  *
    (ii) The employer may demonstrate that employee exposures are below 
the action level by means of objective data demonstrating that the 
product or material containing asbestos cannot release airborne fibers 
in concentrations exceeding the action level under those work 
conditions having the greatest potential for releasing asbestos.
    (iii) Where the employer has monitored each asbestos job for the 
TWA, and where the employer has monitored after [insert date 60 days 
after date of publication of the final rule] for the excursion limit, 
and the data were obtained during work operations conducted under 
workplace conditions closely resembling the processes, type of 
material, control methods, work practices, and environmental conditions 
used and prevailing in the employer's current operations, the employer 
may rely on such earlier monitoring results to satisfy the requirements 
of paragraph (f)(2)(i) of this section.
        *    *    *    *    *
    (4) Termination of monitoring. (i) If the periodic monitoring 
required by paragraph (f)(3) of this section reveals that employee 
exposures, as indicated by statistically reliable measurement, are 
below the action level and/or excursion limit, the employer may 
discontinue monitoring for those employees whose exposures are 
represented by such monitoring.
    (ii) Additional monitoring. Notwithstanding the provisions of 
paragraph (f)(4)(i) of this section, the employer shall institute the 
exposure monitoring required under paragraph (f)(3) of this section 
whenever there has been a change in process, control equipment, 
personnel or work practices that may result in new or additional 
exposures above the action level and/or excursion limit or when the 
employer has any reason to suspect that a change may result in new or 
additional exposures above the action level and/or excursion limit.
    (iii) Exception: When all employees within a regulated area are 
equipped with supplied-air respirators operated in the positive-
pressure mode, the employer may dispense with the monitoring required 
by this paragraph.
        *    *    *    *    *
    (g)  *  *  *
    (1)  *  *  *
    (i) The employer shall use one or any combination of the following 
control methods to achieve compliance with the TWA and/or excursion 
limit prescribed by paragraph (c) of this section:  *  *  *
    (ii) Wherever the feasible engineering and work practice controls 
described in this paragraph are not sufficient to reduce employee 
exposure to or below the TWA and/or excursion limit prescribed in 
paragraph (c) of this section, the employer shall use them to reduce 
employee exposure to the lowest levels attainable by these controls and 
shall supplement them by the use of respiratory protection that 
complies with the requirements of paragraph (h) of this section.
    *  *  *  *  *
    (3) Employee rotation. The employer shall not use employee rotation 
as a means of compliance with the TWA and/or excursion limit prescribed 
in paragraph (c) of this section.
    (h)  *  *  *
    (1)  *  *  *
    (iii) In work situations where feasible engineering and work 
practice controls are not yet sufficient to reduce exposure to or below 
the TWA and/or excursion limit.
        *    *    *    *    *
    (3)  *  *  *
    (i) Where respiratory protection is used, the employer shall 
institute a respirator program in accordance with the OSHA standard for 
respiratory protection (29 CFR 1910.134(b), (d), (e), and (f)).
        *    *    *    *    *
    (i)  *  *  *
    (1) General. The employer shall provide and require the use of 
protective clothing, such as coveralls or similar whole body clothing, 
head coverings, gloves, and foot coverings for any employee exposed to 
airborne concentrations of asbestos that exceed the TWA and/or 
excursion limit prescribed in paragraph (c) of this section.
    (2)  *  *  *
    (i) The employer shall ensure that laundering of contaminated 
clothing is done so as to prevent the release of airborne asbestos in 
excess of the TWA and/or excursion limit prescribed in paragraph (c) of 
this section.
    (ii) Any employer who gives contaminated clothing to another person 
for laundering shall inform such person of the requirement in paragraph 
(i)(2)(i) of this section to effectively prevent the release of 
airborne asbestos in excess of the TWA and/or excursion limit 
prescribed in paragraph (c) of this section.
        *    *    *    *    *
    (j)  *  *  *
    (1)  *  *  *
    (iii) Whenever food or beverages are consumed at the worksite and 
employees are exposed to airborne concentrations of asbestos in excess 
of the TWA and/or excursion limit, the employer shall provide lunch 
areas in which the airborne concentration of asbestos is below the 
action level and/or excursion limit.
        *    *    *    *    *
    (2)  *  *  *
    (vii) For small-scale, short-duration operations, the employer who 
complies with the provisions of Appendix G of subpart G is not also 
required to comply with paragraphs (e)(6), (j)(1)(i) and (j)(2)(i) of 
this section.
    (3) Smoking in work areas. The employer shall ensure that employees 
do not smoke in work areas where they are occupationally exposed to 
asbestos because of activities in that work area.
    (k)  *  *  *
    (1)  *  *  *
    (i) Warning signs that demarcate the regulated area shall be 
provided and displayed at each location where airborne concentrations 
of asbestos may be in excess of the TWA and/or excursion limit 
prescribed in paragraph (c) of this section. Signs shall be posted at 
such a distance from such a location that an employee may read the 
signs and take necessary protective steps before entering the area 
marked by the signs.
        *    *    *    *    *
    (iii) The employer shall ensure that employees working in, and 
contiguous to, regulated areas comprehend the warning signs required to 
be posted by paragraph (k)(1)(i) of this section. Means to ensure 
employee comprehension may include the use of foreign languages, 
pictographs, and graphics.
        *    *    *    *    *
    (3)  *  *  *
    (i) The employer shall institute a training program for all 
employees who are exposed to airborne concentrations of asbestos at or 
above the action level and/or excursion limit and shall ensure their 
participation in the program.
        *    *    *    *    *
    (iii)  *  *  *
    (I) The names, addresses and phone numbers of public health 
organizations which provide information, materials and/or conduct 
programs concerning smoking cessation. The employer may distribute the 
list of such organizations contained in Appendix J to Subpart G, to 
comply with this requirement.
    (J) The requirements for posting signs and affixing labels and the 
meaning of the required legends for such signs and labels.
    (4)  *  *  *
    (iii) The employer shall inform all employees concerning the 
availability of self-help smoking cessation program material. Upon 
employee request, the employer shall distribute such material, 
consisting of NIH Publication No. 89-1647, or equivalent self-help 
material, which is approved or published by a public health 
organization listed in Appendix J to Subpart G.
        *    *    *    *    *
    (m)  *  *  *
    (1)  *  *  *
    (i) Employees covered. The employer shall institute a medical 
surveillance program for all employees engaged in work involving levels 
of asbestos at or above the action level and/or excursion limit for 30 
or more days per year, or who are required by this section to wear 
negative pressure respirators.
        *    *    *    *    *
    (4)  *  *  *
    (i)  *  *  *
    (D) A statement that the employee has been informed by the 
physician of the increased risk of lung cancer attributable to the 
combined effect of smoking and asbestos exposure.
        *    *    *    *    *
    (n)  *  *  *
    (1)  *  *  *
    (i) Where the employer has relied on data from earlier monitoring 
that demonstrates that products made from or containing asbestos are 
not capable of releasing asbestos fibers in concentrations at or above 
the action level and/or excursion limit under the expected conditions 
of processing, use, or handling, to exempt such operations from the 
initial monitoring requirements under paragraph (f)(2) of this section, 
the employer shall establish and maintain an accurate record of data 
from earlier monitoring reasonably relied on in support of the 
exemption.
        *    *    *    *    *
    (o) Asbestos brake and clutch repair and service operations. The 
employer of employees engaged in asbestos brake and clutch repair and 
service operations is subject to all the provisions in this section 
except for paragraphs (d), (e)(6), (i)(4), and (j)(2).
     (p) Compressed air. Compressed air shall not be used to remove 
asbestos in brake and clutch repair operations, unless the compressed 
air is used in conjunction with a ventilation system designed to 
capture the dust cloud created by the compressed air.
    (q) Effective date. These amendments shall become effective [insert 
date 60 days after date of publication of the final rule].
    (r) Appendices. (1) Appendices A, C, D, and E to this subpart are 
mandatory.
    (2) Appendix B to this subpart is informational and is not intended 
to create any additional obligations not otherwise imposed or to 
detract from any existing obligations.
    (3) Appendix F to this subpart is nonmandatory and is intended to 
provide guidelines to assist employers in complying with the 
requirements of Sec. 763.121.
    (4) Appendix G to this subpart is nonmandatory. Employers wishing 
to be exempted from the requirements of Sec. 763.121(e)(6), 
(j)(1)(i)(B), and (j)(2)(i) shall instead comply with provisions of 
this Appendix for small-scale operations to achieve employee exposures 
below the rule's action level.
    (5) Appendices H, I, and J to this subpart are nonmandatory and are 
not intended to create any additional obligations not otherwise 
imposed, or to detract from any existing obligations.
    (6) Appendix K to this subpart is nonmandatory. Employers wishing 
to be exempted from the requirements of Sec. 763.121 that are triggered 
by employee exposures above the action level or PEL during brake and 
clutch repair operations may instead comply with the provisions of this 
Appendix.

Appendices A-E to Sec. 763.121 [Redesignated]

    7. By redesignating Appendices A through E to Sec. 763.121 as 
Appendices A through E to Subpart G.
    8. Section 763.122 is revised to read as follows:


Sec. 763.122   Exclusions for States.

    (a) Application procedures for existing plans. States that 
currently have EPA-approved State Asbestos Worker Protection Plans have 
6 months from [effective date of rule] or such other reasonable time as 
suggested by the particular State and approved by EPA to make their 
regulations comparable to or more stringent than this part, and to 
submit their regulations to EPA for review. If in such reasonable time 
after [effective date of rule], these States have not so revised their 
regulations and submitted them to EPA, State and local government 
employers in such States shall be subject to the requirements of this 
part.
    (1) Upon request from a State Governor, and after notice and 
comment, EPA may exclude that State from the requirements of this 
subpart in accordance with paragraphs (b), (c), and (d) of this 
section.
    (2) All requirements of the subpart shall apply until an exclusion 
is granted under this section.
    (b) Request. Each request by a Governor to exclude a State from 
requirements of this subpart shall be sent with three complete copies 
of the request to the Regional Administrator for the EPA Region in 
which the State is located and shall include:
    (1) A copy of the State statutes, regulations, and provisions 
relating to its asbestos worker protection program.
    (2)(i) The name of the State agency that is, or will be, 
responsible for administering and enforcing the State's asbestos worker 
protection laws, the names and job titles of responsible officials in 
that Agency and the phone numbers where the officials can be contacted.
    (ii) In the event that more than one agency is or will be 
responsible for administering and enforcing these laws, a description 
of the functions performed by each agency, identification of the lead 
agency, how the program will be coordinated by the lead agency to 
ensure consistency and effective administration of the program within 
the State, the names and job titles of responsible officials in the 
agencies and the phone numbers where the officials can be contacted. 
The lead agency will serve as the central contact point for the EPA.
    (3) Detailed reasons, supporting papers, and the rationale for 
concluding that the State's asbestos worker protection program 
provisions for which the request is made are at least as stringent as 
the requirements of this subpart.
    (4) A discussion of any special situations, problems, and needs 
pertaining to the exclusion request accompanied by an explanation of 
how the State intends to handle them.
    (5) A statement of the resources that the State intends to devote 
to the administration and enforcement of the State's asbestos worker 
protection laws.
    (6) Copies of any specific or enabling State statutes (enacted and 
pending enactment) and regulations (promulgated and pending 
promulgation) and regulations relating to the request, including 
provisions for assessing criminal and/or civil penalties.
    (7) Assurance from the Governor, the Attorney General, or the legal 
counsel of the lead Agency that the lead Agency or other cooperating 
agencies have the legal authority necessary to carry out the 
requirements relating to the request.
    (c) General notice. (1) Within 60 days after receipt of a request 
for an exclusion, EPA will determine the completeness of the request. 
If EPA does not request further information within the 60-day period, 
the request will be deemed complete.
    (2) EPA will publish a notice in the Federal Register that 
announces receipt of the request, describes the information submitted 
under paragraph (b) of this section, and solicits written comment from 
interested members of the public.
    (3) If, during the comment period, EPA receives a written objection 
to a Governor's request, it will publish a notice of the objection in 
the Federal Register. Each comment must include the name and address of 
the person submitting the comment.
    (d) Criteria. EPA may exclude a State from the requirements of this 
subpart if:
    (1) The State's lead agency and other cooperating agencies have the 
legal authority necessary to ensure that the State's program of 
asbestos worker protection is at least as stringent as that provided 
for in this subpart.
    (2) The State has an enforcement mechanism to allow it to implement 
the program described in the exclusion request.
    (3) The lead Agency and any cooperating agencies have or will have 
qualified personnel to carry out the provisions relating to the 
exclusion request.
    (4) The State will devote adequate resources to the administration 
and enforcement of its provisions relating to the exclusion request.
    (5) When specified by EPA, the State gives satisfactory assurances 
that necessary steps, including specific actions it proposes to take 
and a time schedule for their accomplishment, will be taken within a 
reasonable time to conform with applicable criteria under paragraph 
(d)(2) through (d)(4) of this section.
    (e) Decision. EPA will publish a notice in the Federal Register 
announcing its decision to grant or deny a Governor's request for 
exclusion from the requirements of this subpart. The notice will 
include EPA's reasons and rationale for granting or denying the 
Governor's request.
    (f) Modifications. When any substantial change is made in the laws 
governing asbestos worker protection, or in the administration or 
enforcement of a State program in a State that was excluded under this 
section, a responsible official in the lead agency shall submit such 
changes to EPA.
    (g) Reports. The lead agency in each State that has been granted an 
exclusion by EPA from requirements of this subpart shall submit a 
report to the Regional Administrator for the Region in which the State 
is located at least once every 12 months to include the following 
information:
    (1) A summary of the State's implementation and enforcement 
activities during the last reporting period relating to the exclusion 
under this section, including enforcement actions taken.
    (2) Any changes in the administration or enforcement of the State 
program implemented during the last reporting period.
    (3) Other reports as may be required by EPA to carry out effective 
oversight of any exclusion granted from this rule's requirements.
    (h) Oversight. EPA may periodically evaluate the adequacy of a 
State's implementation and enforcement of and resources devoted to 
carrying out requirements relating to the exclusion. This evaluation 
may include, but is not limited to, site visits to State or local 
facilities where asbestos worker protection provisions should be in 
place, without prior notice to the State.
    (i) Informal Conference. (1) EPA may request that an informal 
conference be held between appropriate State and EPA officials when EPA 
has reason to believe that a State has failed to:
    (i) Substantially comply with the terms of any provision under this 
section.
    (ii) Meet the criteria under paragraph (d) of this section, 
including the failure to carry out enforcement activities, or act on 
violations of the State program.
    (2) EPA will:
    (i) Specify to the State those aspects of the State's program 
believed to be inadequate.
    (ii) Specify to the State the facts that support the belief of 
inadequacy.
    (3) If EPA finds, on the basis of information submitted by the 
State at the informal conference, that deficiencies did not exist or 
were corrected by the State, no further action is required.
    (4) Where EPA finds that deficiencies in the State program exist, a 
plan to correct the deficiencies shall be negotiated between the State 
and EPA. The plan shall detail the deficiencies found in the State 
program, specify the steps the State has taken or will take to remedy 
the deficiencies, and establish a schedule for each remedial action to 
be initiated.
    (j) Rescission. (1) If the State fails to meet with EPA, or fails 
to correct deficiencies raised at the informal conference, EPA will 
deliver to the Governor of the State and a responsible official in the 
lead Agency, a written notice of its intent to rescind the exclusion.
    (2) EPA will publish in the Federal Register a notice that rescinds 
the exclusion, describes those aspects of the State's program 
determined to be inadequate, and specifies the facts that support the 
findings of inadequacy.
    9. In Sec. 763.124, paragraphs (a), (b)(2), (b)(3), (c), and (d) 
are revised to read as follows:


Sec. 763.124   Reporting.

    (a) Employers subject to this rule must submit a report on their 
proposed project activities to the Regional Asbestos Coordinator for 
the EPA Region in which the asbestos construction project is located at 
least 10 days before they begin any asbestos construction project, 
except ``small-scale, short-duration'' projects, or ``emergency 
projects,'' as defined in Sec. 763.121(b). Employers must report any 
emergency project subject to this rule as soon as possible but in no 
case more than 48 hours after the project begins. A list of EPA 
Regional Offices is given under Sec. 1.7 (b) of this chapter.
    (b) *  *  *
    (2) The location, including street address, of the asbestos 
construction work project.
    (3) The scheduled starting and completion dates for the asbestos 
construction work project.
    (c) The report must be received at least 10 days before the 
asbestos construction work project begins unless the report is for an 
emergency project. In such a case, the report must be received as soon 
as possible but in no case more than 48 hours after the project begins.
    (d) Employers do not have to report under this section if EPA 
receives a notice under the National Emission Standard for Asbestos, 
Sec. 61.146 of this chapter for construction work projects exceeding 
160 square feet or 260 linear feet, at least 10 days before they begin 
an asbestos construction work project and that notice clearly indicates 
that employees covered by this rule will perform some or all of the 
asbestos construction work.
    10. In Sec. 763.125, paragraphs (a) and (e) are revised to read as 
follows:


Sec. 763.125   Enforcement.

    (a) Failure to comply with any provision of this subpart is a 
violation of section 15 of the Act (15 U.S.C. 2614).
        *    *    *    *    *
    (e) EPA may seek to enjoin an asbestos construction work project 
that is in violation of this subpart, or take actions under the 
authority of section 7 or 17 of the Act (15 U.S.C. 2606 or 2616).
    11. Section 763.126 is revised to read as follows:


Sec. 763.126  Inspections.

    EPA may conduct inspections under section 11 of the Act (15 U.S.C. 
2610) to ensure compliance with this subpart.
    12. By revising newly redesignated Appendices A, B, C, E, and G to 
Subpart G, revising the title of newly redesignated Appendix D to 
Subpart G, and adding Appendices F and H through K to Subpart G to read 
as follows:

Appendix A to Subpart G--EPA/OSHA Reference Method--Mandatory

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

Sampling and Analytical Procedure

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

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

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

Quality Control Procedures

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

Appendix B to Subpart G--Detailed Procedure for Asbestos Sampling and 
Analysis--Non-Mandatory

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

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

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

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

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

Sampling

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

                                                                        
                                                        (Ac)(E)         
         t minimum                  =         --------------------------
                                                       (Q)(L) 103       
                                                                        

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

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

Sample Preparation

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

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

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

Calibration and Quality Control

    11. Calibration of the Walton-Beckett graticule. The diameter, 
dc (mm), of the circular counting area and the disc diameter 
must be specified when ordering the graticule.
    a. Insert any available graticule into the eyepiece and focus so 
that the graticule lines are sharp and clear.
    b. Set the appropriate interpupillary distance and, if 
applicable, reset the binocular head adjustment so that the 
magnification remains constant.
    c. Install the 40 to 45 X phase objective.
    d. Place a stage micrometer on the microscope object stage and 
focus the microscope on the graduated lines.
    e. Measure the magnified grid length, Lo (um), using the 
stage micrometer.
    f. Remove the graticule from the microscope and measure its 
actual grid length, La (mm). This can best be accomplished by 
using a stage fitted with verniers.
    g. Calculate the circle diameter, dc (mm), for the Walton-
Beckett graticule:

                                                                        
                                                        La x D          
           dC                      =          --------------------------
                                                           Lo           
                                                                        

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

    Note: Kohler illumination is preferred, where available.

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

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

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

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

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

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

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

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

Measurement

    17. Place the slide on the mechanical stage of the calibrated 
microscope with the center of the filter under the objective lens. 
Focus the microscope on the plane of the filter.
    18. Regularly check phase-ring alignment and Kohler 
illumination.
    19. The following are the counting rules:
    a. Count only fibers longer than 5 um. Measure the length of 
curved fibers along the curve.
    b. Count only fibers with a length-to-width ratio equal to or 
greater than 3:1.
    c. For fibers that cross the boundary of the graticule field, do 
the following:
    (1) Count any fiber longer than 5 um that lies entirely within 
the graticule area.
    (2) Count as \1/2\ fiber any fiber with only one end lying 
within the graticule area.
    (3) Do not count any fiber that crosses the graticule boundary 
more than once.
    (4) Reject and do not count all other fibers.
    d. Count bundles of fibers as one fiber unless individual fibers 
can be identified by observing both ends of a fiber.
    e. Count enough graticule fields to yield 100 fibers. Count a 
minimum of 20 fields. Stop at 100 fields regardless of fiber count.
    20. Start counting from one end of the filter and progress along 
a radial line to the other end, shift either up or down on the 
filter, and continue in the reverse direction. Select fields 
randomly by looking away from the eyepiece briefly while advancing 
the mechanical stage. When an agglomerate covers ca. \1/6\ or more 
of the field of view, reject the field and select another. Do not 
report rejected fields in the number of total fields counted.

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

Calculations

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

                                                                        
                               (F/nf) - (B/nb)                          
      E             =      ----------------------       fibers/mm2      
                                     Af                                 
                                                                        

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

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

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

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

Appendix C to Subpart G--Qualitative and Quantitative Fit Testing 
Procedures--Mandatory

Qualitative Fit Test Protocols

I. Isoamyl Acetate Protocol

    A. Odor Threshold Screening. 1. Three 1-liter glass jars with 
metal lids (e.g. Mason or Bell jars) are required.
    2. Odor-free water (e.g. distilled or spring water) at 
approximately 25  deg.C shall be used for the solutions.
    3. The isoamyl acetate (IAA) (also known as isopentyl acetate) 
stock solution is prepared by adding 1 cc of pure IAA to 800 cc of 
odor-free water in a 1-liter jar and shaking for 30 seconds. This 
solution shall be prepared new at least weekly.
    4. The screening test shall be conducted in a room separate from 
the room used for actual fit testing. The two rooms shall be well 
ventilated but shall not be connected to the same recirculating 
ventilation system.
    5. The odor test solution is prepared in a second jar by placing 
0.4 cc of the stock solution into 500 cc of odor-free water using a 
clean dropper or pipette. Shake for 30 seconds and allow to stand 
for two to three minutes so that the IAA concentration above the 
liquid may reach equilibrium. This solution may be used for only one 
day.
    6. A test blank is prepared in a third jar by adding 500 cc of 
odor-free water.
    7. The odor test and test blank jars shall be labeled 1 and 2 
for jar identification. If the labels are put on the lids they can 
be periodically peeled, dried off, and switched to maintain the 
integrity of the test.
    8. The following instructions shall be typed on a card and 
placed on the table in front of the two test jars (i.e. 1 and 2): 
``The purpose of this test is to determine if you can smell banana 
oil at a low concentration. The two bottles in front of you contain 
water. One of these bottles also contains a small amount of banana 
oil. Be sure the covers are on tight, then shake each bottle for two 
seconds. Unscrew the lid of each bottle, one at a time, and sniff at 
the mouth of the bottle. Indicate to the test conductor which bottle 
contains banana oil.''
    9. The mixtures used in the IAA odor detection test shall be 
prepared in an area separate from where the test is performed, in 
order to prevent olfactory fatigue in the subject.
    10. If the test subject is unable to identify correctly the jar 
containing the odor test solution, the IAA qualitative fit test may 
not be used.
    11. If the test subject correctly identifies the jar containing 
the odor test solution, the test subject may proceed to respirator 
selection and fit testing.
    B. Respirator selection. 1. The test subject shall be allowed to 
pick the most comfortable respirator from a selection including 
respirators of various sizes from different manufacturers. The 
selection shall include at least five sizes of elastomeric half 
facepieces, from at least two manufacturers.
    2. The selection process shall be conducted in a room separate 
from the fit-test chamber to prevent odor fatigue. Prior to the 
selection process, the test subject shall be shown how to put on a 
respirator, how it should be positioned on the face, how to set 
strap tension, and how to determine a ``comfortable'' respirator. A 
mirror shall be available to assist the subject in evaluating the 
fit and positioning of the respirator. This instruction may not 
constitute the subject's formal training on respirator use, as it is 
only a review.
    3. The test subject should understand that the employee is being 
asked to select the respirator which provides the most comfortable 
fit. Each respirator represents a different size and shape and, if 
fitted properly and used properly, will provide adequate protection.
    4. The test subject holds each facepiece up to the face and 
eliminates those which obviously do not give a comfortable fit. 
Normally, selection will begin with a half-mask and if a good fit 
cannot be found, the subject will be asked to test the full 
facepiece respirators. (A small percentage of users will not be able 
to wear any half-mask.)
    5. The more comfortable facepieces are noted; the most 
comfortable mask is donned and worn at least five minutes to assess 
comfort. All donning and adjustments of the facepieces shall be 
performed by the test subject without assistance from the test 
conductor or other person. Assistance in assessing comfort can be 
given by discussing the points of #6 below. If the test subject is 
not familiar with using a particular respirator, the test subject 
shall be directed to don the mask several times and to adjust the 
straps each time to become adept at setting proper tension on the 
straps.
    6. Assessment of comfort shall include reviewing the following 
points with the test subject and allowing the test subject adequate 
time to determine the comfort of the respirator:
     Positioning of mask on nose.
     Room for eye protection.
     Room to talk.
     Positioning mask on face and cheeks.
    7. The following criteria shall be used to help determine the 
adequacy of the respirator fit:
     Chin properly placed.
     Strap tension.
     Fit across nose bridge.
     Distance from nose to chin.
     Tendency to slip.
     Self-observation in mirror.
    8. The test subject shall conduct the conventional negative and 
positive-pressure fit checks (e.g., see ANSI Z88.2-1980). Before 
conducting the negative- or positive-pressure test, the subject 
shall be told to ``seat'' the mask by rapidly moving the head from 
side-to-side and up and down, while taking a few deep breaths.
    9. The test subject is now ready for fit testing.
    10. After passing the fit test, the test subject shall be 
questioned again regarding the comfort of the respirator. If it has 
become uncomfortable, another model of respirator shall be tried.
    11. The employee shall be given the opportunity to select a 
different facepiece and be retested if the chosen facepiece becomes 
increasingly uncomfortable at any time.
    C. Fit test. 1. The fit test chamber shall be similar to a clear 
55 gallon drum liner suspended inverted over a 2 foot diameter 
frame, so that the top of the chamber is about 6 inches above the 
test subject's head. The inside top center of the chamber shall have 
a small hook attached.
    2. Each respirator used for the fitting and fit testing shall be 
equipped with organic vapor cartridges or offer protection against 
organic vapors. The cartridges or masks shall be changed at least 
weekly.
    3. After selection, donning, and properly adjusting a 
respirator, the test subject shall wear it to the fit testing room. 
This room shall be separate from the room used for odor threshold 
screening and respirator selection, and shall be well ventilated, as 
by an exhaust fan or lab hood, to prevent general room 
contamination.
    4. A copy of the following test exercises and rainbow passage 
shall be taped to the inside of the test chamber:

Test Exercises

    i. Breathe normally.
    ii. Breathe deeply. Be certain breaths are deep and regular.
    iii. Turn head all the way from one side to the other. Inhale on 
each side. Be certain movement is complete. Do not bump the 
respirator against the shoulders.
    iv. Nod head up-and-down. Inhale when head is in the full up 
position (looking toward ceiling). Be certain motions are complete 
and made about every second. Do not bump the respirator on the 
chest.
    v. Talking. Talk aloud and slowly for several minutes. The 
following paragraph is called the Rainbow Passage. Reading it will 
result in a wide range of facial movements, and thus be useful to 
satisfy this requirement. Alternative passages which serve the same 
purpose may also be used.
    vi. Jogging in place.
    vii. Breathe normally.
    Rainbow Passage. When the sunlight strikes raindrops in the air, 
they act like a prism and form a rainbow. The rainbow is a division 
of white light into many beautiful colors. These take the shape of a 
long round arch, with its path high above, and its two ends 
apparently beyond the horizon. There is, according to legend, a 
boiling pot of gold at one end. People look, but no one ever finds 
it. When a man looks for something beyond reach, his friends say he 
is looking for the pot of gold at the end of the rainbow.
    5. Each test subject shall wear the respirator for at least 10 
minutes before starting the fit test.
    6. Upon entering the test chamber, the test subject shall be 
given a 6 inch by 5 inch piece of paper towel or other porous 
absorbent single ply material, folded in half and wetted with three-
quarters of one cc of pure IAA. The test subject shall hang the wet 
towel on the hook at the top of the chamber.
    7. Allow two minutes for the IAA test concentration to be 
reached before starting the fit-test exercises. This would be an 
appropriate time to talk with the test subject, to explain the fit 
test, the importance of cooperation, the purpose for the head 
exercises, or to demonstrate some of the exercises.
    8. Each exercise described in #4 above shall be performed for at 
least one minute.
    9. If at any time during the test, the subject detects the 
banana-like odor of IAA, the test has failed. The subject shall 
quickly exit from the test chamber and leave the test area to avoid 
olfactory fatigue.
    10. If the test is failed, the subject shall return to the 
selection room and remove the respirator, repeat the odor 
sensitivity test, select and put on another respirator, return to 
the test chamber, and again begin the procedure described in c(4) 
through c(8) above. The process continues until a respirator that 
fits well has been found. Should the odor sensitivity test be 
failed, the subject shall wait about 5 minutes before retesting. 
Odor sensitivity will usually have returned by this time.
    11. If a person cannot pass the fit test described above wearing 
a half-mask respirator from the available selection, full facepiece 
models must be used.
    12. When a respirator is found that passes the test, the subject 
breaks the faceseal and takes a breath before exiting the chamber. 
This is to assure that the reason the test subject is not smelling 
the IAA is the good fit of the respirator facepiece seal and not 
olfactory fatigue.
    13. When the test subject leaves the chamber, the subject shall 
remove the saturated towel and return it to the person conducting 
the test. To keep the area from becoming contaminated, the used 
towels shall be kept in a self-sealing bag so there is no 
significant IAA concentration buildup in the test chamber during 
subsequent tests.
    14. At least two facepieces shall be selected for the IAA test 
protocol. The test subject shall be given the opportunity to wear 
them for one week to choose the one which is more comfortable to 
wear.
    15. Persons who have successfully passed this fit test with a 
half-mask respirator may be assigned the use of the test respirator 
in atmospheres with up to 10 times the PEL of airborne asbestos. In 
atmospheres greater than 10 times, and less than 100 times the PEL 
(up to 100 ppm), the subject must pass the IAA test using a full 
face negative pressure respirator.
    16. The test shall not be conducted if there is any hair growth 
between the skin and the facepiece sealing surface.
    17. If hair growth or apparel interfere with a satisfactory fit, 
then they shall be altered or removed so as to eliminate 
interference and allow a satisfactory fit. If a satisfactory fit is 
still not attained, the test subject must use a positive-pressure 
respirator such as powered air-purifying respirators, supplied air 
respirator, or self-contained breathing apparatus.
    18. If a test subject exhibits difficulty in breathing during 
the tests, she or he shall be referred to a physician trained in 
respirator diseases or pulmonary medicine to determine whether the 
test subject can wear a respirator while performing her or his 
duties.
    19. Qualitative fit testing shall be repeated at least every six 
months.
    20. In addition, because the sealing of the respirator may be 
affected, qualitative fit testing shall be repeated immediately when 
the test subject has a:
    (1) Weight change of 20 pounds or more.
    (2) Significant facial scarring in the area of the facepiece 
seal.
    (3) Significant dental changes; i.e., multiple extractions 
without prosthesis, or acquiring dentures.
    (4) Reconstructive or cosmetic surgery, or
    (5) Any other condition that may interfere with facepiece 
sealing.
    D. Recordkeeping. A summary of all test results shall be 
maintained in each office for 3 years. The summary shall include:
    (1) Name of test subject.
    (2) Date of testing.
    (3) Name of the test conductor.
    (4) Respirators selected (indicate manufacturer, model, size and 
approval number).
    (5) Testing agent.

II. Saccharin Solution Aerosol Protocol

    A. Respirator selection. Respirators shall be selected as 
described in section IB (respirator selection) above, except that 
each respirator shall be equipped with a particulate filter.
    B. Taste threshold screening. 1. An enclosure about head and 
shoulders shall be used for threshold screening (to determine if the 
individual can taste saccharin) and for fit testing. The enclosure 
shall be approximately 12 inches in diameter by 14 inches tall with 
at least the front clear to allow free movement of the head when a 
respirator is worn.
    2. The test enclosure shall have a three-quarter inch hole in 
front of the test subject's nose and mouth area to accommodate the 
nebulizer nozzle.
    3. The entire screening and testing procedure shall be explained 
to the test subject prior to conducting the screening test.
    4. During the threshold screening test, the test subject shall 
don the test enclosure and breathe with mouth open with tongue 
extended.
    5. Using a DeVilbiss Model 40 Inhalation Medication Nebulizer or 
equivalent, the test conductor shall spray the threshold check 
solution into the enclosure. This nebulizer shall be clearly marked 
to distinquish it from the fit test solution nebulizer.
    6. The threshold check solution consists of 0.83 gram of sodium 
saccharin, USP in water. It can be prepared by putting 1 cc of the 
test solution (see C.7 below) in 100 cc of water.
    7. To produce the aerosol, the nebulizer bulb is firmly squeezed 
so that it collapses completely, then is released and allowed to 
expand fully.
    8. Ten squeezes of the nebulizer bulb are repeated rapidly and 
then the test subject is asked whether the saccharin can be tasted.
    9. If the first response is negative, ten more squeezes of the 
nebulizer bulb are repeated rapidly and the test subject is again 
asked whether the saccharin can be tasted.
    10. If the second response is negative, ten more squeezes are 
repeated rapidly and the test subject is again asked whether the 
saccharin can be tasted.
    11. The test conductor will take note of the number of squeezes 
required to elicit a taste response.
    12. If the saccharin is not tasted after 30 squeezes (Step 10), 
the saccharin fit test cannot be performed on the test subject.
    13. If a taste response is elicited, the test subject shall be 
asked to take note of the taste for reference in the fit test.
    14. Correct use of the nebulizer means that approximately 1 cc 
of liquid is used at a time in the nebulizer body.
    15. The nebulizer shall be thoroughly rinsed in water, shaken 
dry, and refilled at least every four hours.
    C. Fit Test. 1. The test subject shall don and adjust the 
respirator without assistance from any person.
    2. The fit test uses the same enclosure described in IIB above.
    3. Each test subject shall wear the respirator for at least 10 
minutes before starting the fit test.
    4. The test subject shall don the enclosure while wearing the 
respirator selected in section IB above. This respirator shall be 
properly adjusted and equipped with a particulate filter.
    5. The test subject may not eat, drink (except plain water), or 
chew gum for 15 minutes before the test.
    6. A second DeVilbiss Model 40 Inhalation Medication Nebulizer 
is used to spray the fit test solution into the enclosure. This 
nebulizer shall be clearly marked to distinquish it from the 
screening test solution nebulizer.
    7. The fit test solution is prepared by adding 83 grams of 
sodium saccharin to 100 cc of warm water.
    8. As before, the test subject shall breathe with mouth open and 
tongue extended.
    9. The nebulizer is inserted into the hole in the front of the 
enclosure and the fit test solution is sprayed into the enclosure 
using the same technique as for the taste threshold screening and 
the same number of squeezes required to elicit a taste response in 
the screening. (See B.8 through B.10 above).
    10. After generation of the aerosol, read the following 
instructions to the test subject. The test subject shall perform the 
exercises for one minute each.
    i. Breathe normally.
    ii. Breathe deeply. Be certain breaths are deep and regular.
    iii. Turn head all the way from one side to the other. Be 
certain movement is complete. Inhale on each side. Do not bump the 
respirator against the shoulders.
    iv. Nod head up-and-down. Be certain motions are complete. 
Inhale when head is in the full up position (when looking toward the 
ceiling). Do not bump the respirator on the chest.
    v. Talking. Talk aloud and slowly for several minutes. The 
following paragraph is called the Rainbow Passage. Reading it will 
result in a wide range of facial movements, and thus be useful to 
satisfy this requirement. Alternative passages which serve the same 
purpose may also be used.
    Rainbow Passage. When the sunlight strikes raindrops in the air, 
they act like a prism and form a rainbow. The rainbow is a division 
of white light into many beautiful colors. These take the shape of a 
long round arch, with its path high above, and its two ends 
apparently beyond the horizon. There is, according to legend, a 
boiling pot of gold at one end. People look, but no one ever finds 
it. When a man looks for something beyond his reach, his friends say 
he is looking for the pot of gold at the end of the rainbow.
    vi. Jogging in place.
    vii. Breathe normally.
    11. At the beginning of each exercise, the aerosol concentration 
shall be replenished using one-half the number of squeezes as 
initially described in C.9.
    12. The test subject shall indicate to the test conductor, if at 
any time during the fit test, the taste of saccharin is detected.
    13. If the saccharin is detected, the fit is deemed 
unsatisfactory and a different respirator shall be tried.
    14. At least two facepieces shall be selected by the saccharin 
solution aerosol test protocol. The test subject shall be given the 
opportunity to wear them for one week to choose the one which is 
more comfortable to wear.
    15. Successful completion of the test protocol shall allow the 
use of the half mask tested respirator in contaminated atmospheres 
up to 10 times the PEL of asbestos. In other words this protocol may 
be used to assign protection factors no higher than ten.
    16. The test shall not be conducted if there is any hair growth 
between the skin and the facepiece sealing surface.
    17. If hair growth or apparel interfere with a satisfactory fit, 
then they shall be altered or removed so as to eliminate 
interference and allow a satisfactory fit. If a satisfactory fit is 
still not attained, the test subject must use a positive-pressure 
respirator such as powered air-purifying respirators, supplied air 
respirator, or self-contained breathing apparatus.
    18. If a test subject exhibits difficulty in breathing during 
the tests, she or he shall be referred to a physician trained in 
respirator diseases or pulmonary medicine to determine whether the 
test subject can wear a respirator while performing her or his 
duties.
    19. Qualitative fit testing shall be repeated at least every six 
months.
    20. In addition, because the sealing of the respirator may be 
affected, qualitative fit testing shall be repeated immediately when 
the test subject has a:
    (1) Weight change of 20 pounds or more.
    (2) Significant facial scarring in the area of the facepiece 
seal.
    (3) Significant dental changes; i.e., multiple extractions 
without prosthesis, or acquiring dentures.
    (4) Reconstructive or cosmetic surgery, or
    (5) Any other condition that may interfere with facepiece 
sealing.
    D. Recordkeeping. A summary of all test results shall be 
maintained in each office for 3 years. The summary shall include:
    (1) Name of test subject.
    (2) Date of testing.
    (3) Name of test conductor.
    (4) Respirators selected (indicate manufacturer, model, size and 
approval number).
    (5) Testing agent.

III. Irritant Fume Protocol

    A. Respirator selection. Respirators shall be selected as 
described in section IB above, except that each respirator shall be 
equipped with a high-efficiency cartridge.
    B. Fit test. 1. The test subject shall be allowed to smell a 
weak concentration of the irritant smoke to familiarize the subject 
with the characteristic odor.
    2. The test subject shall properly don the respirator selected 
as above, and wear it for at least 10 minutes before starting the 
fit test.
    3. The test conductor shall review this protocol with the test 
subject before testing.
    4. The test subject shall perform the conventional positive-
pressure and negative-pressure fit checks (see ANSI Z88.2 1980). 
Failure of either check shall be cause to select an alternate 
respirator.
    5. Break both ends of a ventilation smoke tube containing 
stannic oxychloride, such as the MSA part #5645, or equivalent. 
Attach a short length of tubing to one end of the smoke tube. Attach 
the other end of the smoke tube to a low-pressure air pump set to 
deliver 200 milliliters per minute.
    6. Advise the test subject that the smoke can be irritating to 
the eyes and instruct the subject to keep the eyes closed while the 
test is performed.
    7. The test conductor shall direct the stream of irritant smoke 
from the tube towards the faceseal area of the test subject. The 
person conducting the test shall begin with the tube at least 12 
inches from the facepiece and gradually move to within one inch, 
moving around the whole perimeter of the mask.
    8. The test subject shall be instructed to do the following 
exercises while the respirator is being challenged by the smoke. 
Each exercise shall be performed for one minute.
    i. Breathe normally.
    ii. Breathe deeply. Be certain breaths are deep and regular.
    iii. Turn head all the way from one side to the other. Be 
certain movement is complete. Inhale on each side. Do not bump the 
respirator against the shoulders.
    iv. Nod head up-and-down. Be certain motions are complete and 
made every second. Inhale when head is in the full up position 
(looking toward ceiling). Do not bump the respirator against the 
chest.
    v. Talking. Talk aloud and slowly for several minutes. The 
following paragraph is called the Rainbow Passage. Repeating it 
after the test conductor (keeping eyes closed) will result in a wide 
range of facial movements, and thus be useful to satisfy this 
requirement. Alternative passages which serve the same purpose may 
also be used.
    Rainbow Passage. When the sunlight strikes raindrops in the air, 
they act like a prism and form a rainbow. The rainbow is a division 
of white light into many beautiful colors. These take the shape of a 
long round arch, with its path high above, and its two ends 
apparently beyond the horizon. There is, according to legend, a 
boiling pot of gold at one end. People look, but no one ever finds 
it. When a man looks for something beyond his reach, his friends say 
he is looking for the pot of gold at the end of the rainbow.
    vi. Jogging in place.
    vii. Breathe normally.
    9. The test subject shall indicate to the test conductor if the 
irritant smoke is detected. If smoke is detected, the test conductor 
shall stop the test. In this case, the tested respirator is rejected 
and another respirator shall be selected.
    10. Each test subject passing the smoke test (i.e. without 
detecting the smoke) shall be given a sensitivity check of smoke 
from the same tube to determine if the test subject reacts to the 
smoke. Failure to evoke a response shall void the fit test.
    11. Steps B4, B9, B10 of this fit test protocol shall be 
performed in a location with exhaust ventilation sufficient to 
prevent general contamination of the testing area by the test 
agents.
    12. At least two facepieces shall be selected by the irritant 
fume test protocol. The test subject shall be given the opportunity 
to wear them for one week to choose the one which is more 
comfortable to wear.
    13. Respirators successfully tested by the protocol may be used 
in contaminated atmospheres up to ten times the PEL of asbestos.
    14. The test shall not be conducted if there is any hair growth 
between the skin and the facepiece sealing surface.
    15. If hair growth or apparel interfere with a satisfactory fit, 
then they shall be altered or removed so as to eliminate 
interference and allow a satisfactory fit. If a satisfactory fit is 
still not attained, the test subject must use a positive-pressure 
respirator such as powered air-purifying respirators, supplied air 
respirator, or self-contained breathing apparatus.
    16. If a test subject exhibits difficulty in breathing during 
the tests, she or he shall be referred to a physician trained in 
respiratory diseases or pulmonary medicine to determine whether the 
test subject can wear a respirator while performing her or his 
duties.
    17. Qualitative fit testing shall be repeated at least every six 
months.
    18. In addition, because the sealing of the respirator may be 
affected, qualitative fit testing shall be repeated immediately when 
the test subject has a:
    (1) Weight change of 20 pounds or more,
    (2) Significant facial scarring in the area of the facepiece 
seal,
    (3) Significant dental changes; i.e., multiple extractions 
without prosthesis, or acquiring dentures,
    (4) Reconstructive or cosmetic surgery, or
    (5) Any other condition that may interfere with facepiece 
sealing.
    C. Recordkeeping. A summary of all test results shall be 
maintained in each office for 3 years. The summary shall include:
    (1) Name of test subject.
    (2) Date of testing.
    (3) Name of test conductor.
    (4) Respirators selected (indicate manufacturer, model, size and 
approval number).
    (5) Testing agent.

Quantitative Fit Test Procedures

1. General

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

2. Definitions

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

3. Apparatus

    a. Instrumentation. Corn oil, sodium chloride or other 
appropriate aerosol generation, dilution, and measurement systems 
shall be used for quantitative fit test.
    b. Test chamber. The test chamber shall be large enough to 
permit all test subjects to perform freely all required exercises 
without distributing the challenge agent concentration or the 
measurement apparatus. The test chamber shall be equipped and 
constructed so that the challenge agent is effectively isolated from 
the ambient air yet uniform in concentration throughout the chamber.
    c. When testing air-purifying respirators, the normal filter or 
cartridge element shall be replaced with a high-efficiency 
particulate filter supplied by the same manufacturer.
    d. The sampling instrument shall be selected so that a strip 
chart record may be made of the test showing the rise and fall of 
challenge agent concentration with each inspiration and expiration 
at fit factors of at least 2,000.
    e. The combination of substitute air-purifying elements (if 
any), challenge agent, and challenge agent concentration in the test 
chamber shall be such that the test subject is not exposed in excess 
of PEL to the challenge agent at any time during the testing 
process.
    f. The sampling port on the test specimen respirator shall be 
placed and constructed so that there is no detectable leak around 
the port, a free air flow is allowed into the sampling line at all 
times and so there is no interference with the fit or performance of 
the respirator.
    g. The test chamber and test set-up shall permit the person 
administering the test to observe one test subject inside the 
chamber during the test.
    h. The equipment generating the challenge atmosphere shall 
maintain the concentration of challenge agent constant within a 10 
percent variation for the duration of the test.
    i. The time lag (interval between an event and its being 
recorded on the strip chart) of the instrumentation may not exceed 2 
seconds.
    j. The tubing for the test chamber atmosphere and for the 
respirator sampling port shall be the same diameter, length and 
material. It shall be kept as short as possible. The smallest 
diameter tubing recommended by the manufacturer shall be used.
    k. The exhaust flow from the test chamber shall pass through a 
high-efficiency filter before release to the room.
    l. When sodium chloride aerosol is used, the relative humidity 
inside the test chamber shall not exceed 50 percent.

4. Procedural Requirements

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

5. Exercise Regime

    Prior to entering the test chamber, the test subject shall be 
given complete instructions as to her/his part in the test 
procedures. The test subject shall perform the following exercises, 
in the order given, for each independent test.
    a. Normal Breathing (NB). In the normal standing position, 
without talking, the subject shall breathe normally for at least one 
minute.
    b. Deep Breathing (DB). In the normal standing position the 
subject shall do deep breathing for at least one minute pausing so 
as not to hyperventilate.
    c. Turning head side to side (SS). Standing in place the subject 
shall slowly turn his/her head from side between the extreme 
positions to each side. The head shall be held at each extreme 
position for at least 5 seconds. Perform for at least three complete 
cycles.
    d. Moving head up and down (UD). Standing in place, the subject 
shall slowly move his/her head up and down between the extreme 
position straight up and the extreme position straight down. The 
head shall be held at each extreme position for at least 5 seconds. 
Perform for at least three complete cycles.
    e. Reading (R). The subject shall read out slowly and loud so as 
to be heard by the test conductor the `rainbow passage' at the end 
of this unit.
    f. Grimace (G). The test subject shall grimace, smile, frown, 
and generally contort the face using the facial muscles. Continue 
for at least 15 seconds.
    g. Bend over and touch toes (B). The test subject shall bend at 
the waist and touch toes and return to upright position. Repeat for 
at least 30 seconds.
    h. Jogging in place (J). The test subject shall jog in place for 
at least 30 seconds.
    i. Normal Breathing (NB). Same as exercise a.
    Rainbow Passage. When the sunlight strikes raindrops in the air, 
they act like a prism and form a rainbow. The rainbow is a division 
of white light into many beautiful colors. These take the shape of a 
long round arch, with its path high above, and its two ends 
apparently beyond the horizon. There is, according to legend, a 
boiling pot of gold at one end. People look, but no one ever finds 
it. When a man looks for something beyond reach, his friends say he 
is looking for the pot of gold at the end of the rainbow.

6. Termination of Test

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

7. Calculation of Fit Factors

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

Appendix D to Subpart G--Medical Questionnaires--Mandatory

    *    *    *    *    *    

Appendix E to Subpart G--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.

Appendix F to Subpart G--Work Practices and Engineering Controls for 
Major Asbestos Removal, Renovation, and Demolition Operations--Non-
Mandatory

    This is a non-mandatory appendix designed to provide guidelines 
to assist employers in complying with the requirements of 
Sec. 763.121. Specifically, this appendix describes the equipment, 
methods, and procedures that should be used in major asbestos 
removal projects conducted to abate a recognized asbestos hazard or 
in preparation for building renovation or demolition. These projects 
require the construction of negative-pressure temporary enclosures 
to contain the asbestos material and to prevent the exposure of 
bystanders and other employees at the worksite. Section 
763.121(e)(6) of the standard requires that ``. . . [W]henever 
feasible, the employer shall establish negative-pressure enclosures 
before commencing asbestos removal, demolition, or renovation 
operations.'' Employers should also be aware that, when conducting 
asbestos removal projects, they may be required to comply with 
certain procedures under the National Emissions Standards for 
Hazardous Air Pollutants (NESHAPS), 40 CFR part 61, subpart M, of 
EPA regulations under the Clear Air Act.

Role of Competent Person in Removing Asbestos Materials

    Section 763.121(e)(6)(ii) requires that employers involved in 
asbestos removal, demolition, or renovation operations designate a 
competent person to:
    (1) Set up the enclosure;
    (2) Ensure the integrity of the enclosure;
    (3) Control entry to and exit from the enclosure;
    (4) Supervise all employee exposure monitoring required by this 
section;
    (5) Ensure the use of protective clothing and equipment;
    (6) Ensure that employees are trained in the use of engineering 
controls, work practices, and personal protective equipment;
    (7) Ensure the use of hygiene facilities and the observance of 
proper decontamination procedures; and
    (8) Ensure that engineering controls are functioning properly.
    The competent person will generally be a Certified Industrial 
Hygienist, an industrial hygienist with training and experience in 
the handling of asbestos, or a person who has such training and 
experience as a result of on-the-job training and experience.

Equipment, Methods and Procedures

    Construction of a negative-pressure enclosure is a simple but 
time-consuming process that requires careful preparation and 
execution; however, if the procedures below are followed, employers 
should be assured of achieving a temporary barricade that will 
protect employees and others outside the enclosure from exposure to 
asbestos and minimize to the extent possible the exposure of 
asbestos workers inside the barrier as well.
    The equipment and materials required to construct these barriers 
are readily available and easily installed and used. In addition to 
an enclosure around the removal site, the standard requires 
employers to provide hygiene facilities that ensure that their 
asbestos contaminated employees do not leave the work site with 
asbestos on their persons or clothing; the construction of these 
facilities is also described below. The steps in the process 
include:
    (1) Planning the removal project;
    (2) Procuring the necessary materials and equipment;
    (3) Preparing the work area;
    (4) Removing the asbestos-containing material;
    (5) Cleaning the work area; and
    (6) Disposing of the asbestos-containing waste.
(1) Planning the Removal Project
    The planning of an asbestos removal project is critical to 
completing the project safely and cost-effectively. A written asbestos 
removal plan should be prepared that describes the equipment and 
procedures that will be used throughout the project. The asbestos 
abatement plan will aid not only in executing the project but also in 
complying with the reporting requirements of the USEPA asbestos NESHAP 
regulations for demolition or renovation operations (40 CFR 61, subpart 
M, Sec. 61.145, 61.146, or 61.147), which call for specific information 
such as a description of control methods and control equipment to be 
used and the disposal sites the employer proposes to use to dispose of 
the asbestos containing materials.
    The asbestos abatement plan should contain the following 
information:
     A physical description of the work area;
     A description of the approximate amount of material to 
be removed;
     A schedule for turning off and sealing existing 
ventilation systems;
     Personnel hygiene procedures;
     Labeling procedures;
     A description of personal protective equipment and 
clothing to be worn by employees;
     A description of the local exhaust ventilation systems 
to be used;
     A description of work practices to be observed by 
employees;
     A description of the methods to be used to remove the 
asbestos-containing material;
     The wetting agent to be used;
     A description of the sealant to be used at the end of 
the project;
     An air monitoring plan;
     A description of the method to be used to transport 
waste material; and
     The location of the dump site.
(2) Procuring Materials and Equipment Necessary for Asbestos Removal
    Although individual asbestos removal projects vary in terms of 
the equipment required to accomplish the removal of the material, 
some equipment and materials are common to most asbestos removal 
operations. Equipment and materials that should be available at the 
beginning of each project are: (1) rolls of polyethylene sheeting; 
(2) rolls of duct tape or plastic tape; (3) High Efficiency 
Particulate Air (HEPA) filtered vacuum(s); (4) HEPA-filtered 
portable ventilation system(s); (5) a wetting agent; (6) an airless 
sprayer; (7) a portable shower unit; (8) appropriate respirators; 
(9) disposable coveralls; (10) signs and labels; (11) pre-printed 
disposal bags; and (12) a manometer or pressure gauge.
    Rolls of Polyethylene Plastic and Tape. Rolls of polyethylene 
plastic (6 mil or more in thickness) should be available to 
construct the asbestos removal enclosure and to seal windows, doors, 
ventilation systems, wall penetrations, and ceilings and floors in 
the work area. Duct tape or plastic tape should be used to seal the 
edges of the plastic and to seal any holes in the plastic enclosure. 
Polyethylene sheeting can be purchased in rolls up to 12-20 feet in 
width and up to 100 feet in length.
    HEPA-Filtered Vacuum. A HEPA-filtered vacuum is essential for 
cleaning the work area after the asbestos has been removed. Such 
vacuums are designed to be used with a HEPA filter, which is capable 
of removing 99.99 percent of the asbestos particles 0.3 microns or 
larger from the air. Various sizes and capacities of HEPA vacuums 
are available that range in capacity from 5.25 gallons to 17 
gallons. These models are portable, and have long hoses capable of 
reaching out-of-the-way places, such as areas above ceiling tiles, 
behind pipes, etc.
    Exhaust Air Filtration System. A portable ventilation system is 
necessary to create a negative pressure within the asbestos removal 
enclosure. Such units are equipped with a HEPA filter and are 
designed to exhaust and clean the air inside the enclosure before 
exhausting it to the outside of the enclosure such systems are 
available from several manufacturers. Ventilation units are 
available that range in capacity from 600 cubic feet per minute 
(CFM) to 1,700 CFM. Typical specifications for these filters specify 
removal of 99.99 percent for particles of 0.3 microns or larger. The 
number and capacity of units required to ventilate an enclosure 
depend on the size of the area to be ventilated.
    Wetting Agents. Wetting agents (surfactants) are added to water 
(known as ``amended water'') to prepare for wetting asbestos-
containing materials; amended water penetrates more effectively than 
plain water and permits more thorough soaking of the asbestos-
containing materials. Wetting the asbestos-containing material 
reduces the number of fibers that will break free and become 
airborne when the asbestos-containing material is handled or 
otherwise disturbed. Asbestos-containing materials should be 
thoroughly soaked before removal is attempted; the dislodged 
material should feel spongy to the touch. Wetting agents are 
generally prepared by mixing 1 to 3 ounces of wetting agent to 5 
gallons of water.
    One type of asbestos, amosite, is relatively resistant to 
soaking, either with plain or amended water. The work practices of 
choice when working with amosite containing material are to soak the 
material as much as possible and then to bag it for disposal 
immediately after removal, so that the material has no time to dry 
and be ground into smaller particles that are more likely to 
liberate airborne asbestos.
    In a very limited number of situations, it may not be possible 
to wet the asbestos-containing material before removing it. Examples 
of such rare situations are: (1) Removal of asbestos material from a 
``live'' electrical box that was oversprayed with the material when 
the rest of the area was sprayed with an asbestos-containing 
coating; and (2) removal of asbestos-containing insulation from a 
live steam pipe. In both of these situations, the preferred approach 
would be to turn off the electricity or steam, respectively, to 
permit wet removal methods to be used. However, where removal work 
must be performed during working hours, or when normal operations 
cannot be disrupted, the asbestos-containing material must be 
removed dry. Immediate bagging is then the only method of minimizing 
the amount of airborne asbestos generated.
    Airless Sprayer. Airless sprayers are used to apply amended 
water to asbestos-containing materials. Airless sprayers allow 
amended water to be applied in a fine spray that minimizes the 
release of asbestos fibers by reducing the impact of the spray on 
the material to be removed. Airless sprayers are inexpensive and 
readily available.
    Portable Shower. Unless the site has available a permanent 
shower facility that is contiguous to the removal area, a portable 
shower system is necesssary to permit employees to clean themselves 
after exposure to asbestos and to remove any asbestos contamination 
from their hair and bodies. Taking a shower prevents employees from 
leaving the work area with asbestos on themselves and thus prevents 
the spread of asbestos contamination to areas outside the asbestos 
removal area. This measure also protects members of the families of 
asbestos workers from possible exposure to asbestos. Showers should 
be supplied with warm water and a drain. A shower water filtration 
system to filter asbestos fibers from the shower water is 
recommended. Portable shower units are readily available, 
inexpensive, and easy to install and transport.
    Respirators. Employees involved in asbestos removal projects 
should be provided with appropriate NIOSH-approved respirators. 
Selection of the appropriate respirator should be based on the 
concentration of asbestos fibers in the work area. If the 
concentration of asbestos fibers is unknown, employees should be 
provided with respirators that will provide protection against the 
highest concentration of asbestos fibers that can reasonably be 
expected to exist in the work area. At a minimum, employees should 
wear half-mask dual-filter cartridge respirators. Disposable face 
mask respirators (single-use) should not be used to protect 
employers from exposure to asbestos fibers.
    Disposable Coveralls. Employees involved in asbestos removal 
operations should be provided with disposable impervious coveralls 
that are equipped with head and foot covers. Such coveralls are 
typically made of spun-bonded polyolefin. The coverall has a zipper 
front and elastic wrists and ankles.
    Signs and Labels. Before work begins, a supply of signs to 
demarcate the entrance to the work area should be obtained. Signs 
are available that have the wording required by the final OSHA 
standard. The required labels are also commercially available as 
press-on labels and pre-printed on the 6-mil polyethylene plastic 
bags used to dispose of asbestos-containing waste material.
(3) Preparing the Work Area
    Preparation for constructing negative-pressure enclosures should 
begin with the removal of all movable objects from the work area, 
e.g., desks, chairs, rugs, and light fixtures, to ensure that these 
objects do not become contaminated with asbestos. When movable 
objects are contaminated or are suspected of being contaminated, 
they should be vacuumed with a HEPA vacuum and cleaned with amended 
water, unless they are made of material that will be damaged by the 
wetting agent; wiping with plain water is recommend in those cases 
where amended water will damage the object. Before the asbestos 
removal work begins, objects that cannot be removed from the work 
area should be covered with a 6-mil-thick polyethylene plastic 
sheeting that is securely taped with duct tape or plastic tape to 
achieve an air-tight seal around the object.

A. Constructing the Enclosure

    When all objects have either been removed from the work area or 
covered with plastic, all penetrations of the floor, walls, and 
ceiling should be sealed with 6-mil polyethylene plastic and tape to 
prevent airborne asbestos from escaping into areas outside the work 
area, or from lodging in cracks around the penetrations. 
Penetrations that require sealing are typically found around 
electrical conduits, telephone wires, and water supply and drain 
pipes. A single entrance to be used for access and egress to the 
work area should be selected, and all other doors and windows should 
be sealed with tape or be covered with 6-mil polyethylene plastic 
sheeting and securely taped. Covering windows and unnecessary doors 
with a layer of polyethylene before covering the walls provides a 
second layer of protection and saves time in installation because it 
reduces the number of edges that must be cut and taped. All other 
surfaces such as support columns, ledges, pipes, and other surfaces 
should also be covered with polyethylene plastic sheeting and taped 
before the walls themselves are completely covered with sheeting.
    Next a thin layer of spray adhesive should be sprayed along the 
top of all walls surrounding the enclosed work area, close to the 
wall-ceiling interface, and a layer of polyethylene plastic sheeting 
should be stuck to this adhesive and taped. The entire inside 
surfaces of all wall areas are covered in this manner, and the 
sheeting over the walls is extended across the floor area until it 
meets in the center of the area, where it is taped to form a single 
layer of material encasing the entire room except for the ceiling. A 
final layer of plastic sheeting is then laid across the plastic-
covered floor area and up the walls to a level of 2 feet or so; this 
layer provides a second protective layer of plastic sheeting over 
the floor, which can then be removed and disposed of easily after 
the asbestos-containing material that has dropped to the floor has 
been bagged and removed.

B. Establishing Negative Pressure Within the Enclosure

    After construction of the enclosure is completed, a ventilation 
system(s) should be installed to create a negative pressure of -0.02 
inches of water within the enclosure with respect to the area 
outside the enclosure. Such ventilation systems must be equipped 
with HEPA filters to prevent the release of asbestos fibers to the 
environment outside the enclosure and should be operated 
continuously until the final cleanup is completed and the results of 
final air samples are received from the laboratory.
    The ventilation systems should exhaust the HEPA-filtered clean 
air outside the building in which the asbestos removal, demolition, 
or renovation is taking place. If access to the outside is not 
available, the ventilation system can exhaust the HEPA-filtered 
asbestos-free air to an area within the building that is as far away 
as possible from the enclosure. Care should be taken to ensure that 
the clean air is released either to an asbestos-free area or in such 
a way as not to disturb any asbestos-containing materials.
    A manometer or pressure gauge for measuring the negative 
pressure within the enclosure should be installed and should be 
monitored frequently throughout all work shifts during which 
asbestos removal, demolition, or renovation takes place to maintain 
the negative pressure. For larger projects, differential pressure 
may be continuously recorded which provides a permanent record to 
demonstrate the integrity of the enclosure during abatement.

C. Ensuring the Integrity of the Enclosures

    Ensuring the integrity of the enclosure is accomplished by 
inspecting the enclosure before asbestos removal work begins and 
prior to each work shift throughout the entire period work is being 
conducted in the enclosure. The inspection should be conducted by 
locating all areas where air might escape from the enclosure; this 
is best accomplished by running a hand over all seams in the plastic 
enclosure to ensure that no seams are ripped and the tape is 
securely in place.
    The competent person should also ensure that all unauthorized 
personnel do not enter the enclosure and that all employees and 
other personnel who enter the enclosure have the proper protective 
clothing and equipment. He or she should also ensure that all 
employees and other personnel who enter the enclosure use the 
hygiene facilities and observe the proper decontamination procedures 
(described in this Appendix).
    The competent person also should ensure that negative pressure 
is always maintained in the enclosure. This can be done by measuring 
the pressure by manometers or pressure gauges.

D. Building Hygiene Facilities

    Paragraph (j) of the final standard mandates that employers 
involved in asbestos removal, demolition, or renovation operations 
provide their employees with hygiene facilities to be used to 
decontaminate asbestos-exposed workers, equipment, and clothing 
before such employees leave the work area. These decontamination 
facilities consist of:
    (1) A clean change room.
    (2) A shower.
    (3) An equipment room.
    The clean change room is an area in which employees remove their 
street clothes and don their respirators and disposable protective 
clothing. The clean room should have hooks on the wall or be 
equipped with lockers for the storage of workers' clothing and 
personal articles. Extra disposable coveralls and towels can also be 
stored in the clean change room.
    The shower should be contiguous with both the clean and dirty 
change room and should be used by all workers leaving the work area. 
The shower should also be used to clean asbestos-contaminated 
equipment and materials, such as the outsides of asbestos waste bags 
and hand tools used in the removal process.
    The equipment room (also called the dirty change room) is the 
area where workers remove their protective coveralls and where 
equipment that is to be used in the work area can be stored. The 
equipment room should be lined with 6-mil-thick polyethylene plastic 
sheeting in the same way as was done in the work area enclosure. Two 
layers of 6-mil polyethylene plastic sheeting that are not taped 
together from a double flap or barrier between the equipment room 
and the work area and between the shower and the clean change room.
    When feasible, the clean change room, shower, and equipment room 
should be contiguous and adjacent to the negative-pressure enclosure 
surrounding the removal area. In the overwhelming number of cases, 
hygiene facilities can be built contiguous to the negative-pressure 
enclosure. In some cases, however, hygiene facilities may have to be 
located on another floor of the building where removal of asbestos-
containing materials is taking place. In these instances, the 
hygiene facilities can in effect be made to be contiguous to the 
work area by constructing a polythylene plastic ``tunnel'' from the 
work area to the hygiene facilities.
    Such a tunnel can be made even in cases where the hygiene 
facilities are located several floors above or below the work area; 
the tunnel begins with a double flap door at the enclosure, extends 
through the exit from the floor, continues down the necessary number 
of flights of stairs and goes through a double-flap entrance to the 
hygiene facilities, which have been prepared as described above. The 
tunnel is constructed of 2-inch by 4-inch lumber or aluminum struts 
and covered with 6-mil-thick polyethylene plastic sheeting.
    In the rare instances when there is not enough space to permit 
any hygiene facilities to be built at the work site, employees 
should be directed to change into a clean disposable worksuit 
immediately after exiting the enclosure (without removing their 
respirators) and to proceed immediately to the shower. 
Alternatively, employees could be directed to vacuum their 
disposable coveralls with a HEPA-filtered vacuum before proceeding 
to a shower located a distance from the enclosure.
    The clean room, shower, and equipment room must be sealed 
completely to ensure that the sole source of air flow through these 
areas originates from uncontaminated areas outside the asbestos 
removal, demolition, or renovation enclosure. The shower must be 
drained properly after each use to ensure that contaminated water is 
not released to uncontaminated areas. If waste water is 
inadvertently released, it should be cleaned up as soon as possible 
to prevent any asbestos in the water from drying and becoming 
airborne in areas outside the work area.
(4) Removing the Asbestos-Containing Material
    All asbestos removal, renovation, and demolition operations 
should have a program for monitoring the concentration of airborne 
asbestos and employee exposures to asbestos. At least two samples 
should be collected outside the work area, one at the entrance to 
the clean change room and one at the exhaust of the portable 
ventilation system. In addition, several breathing zone samples 
should be collected from those workers who can reasonably be 
expected to have the highest potential exposure to asbestos.
    Proper work practices are necessary during asbestos removal, 
demolition, and renovation to ensure that the concentration of 
asbestos fibers inside the enclosure remains as low as possible. One 
of the most important work practices is to wet the asbestos-
containing material before it is disturbed. After the asbestos-
containing material is thoroughly wetted, it should be removed by 
scraping (as in the case of sprayed-on or troweled-on ceiling 
material) or removed by cutting the metal bands or wire mesh that 
support the asbestos-containing material on boilers or pipes. Any 
residue that remains on the surface of the object from which 
asbestos is being removed should be wire brushed and wet wiped.
    A checklist is one of the most effective methods of ensuring 
adequate surveillance of the integrity of the asbestos removal 
enclosure. Such a checklist is shown in Table A. Filling out the 
checklist at the beginning of each shift in which asbestos removal 
is being performed will serve to document that all the necessary 
precautions will be taken during the asbestos removal work. The 
checklist contains entries for ensuring that:
     The work area enclosure is complete;
     The negative-pressure system is in operation;
     Necessary signs and labels are used;
     Appropriate work practices are used;
     Necessary protective clothing and equipment are used; 
and
     Appropriate decontamination procedures are being 
followed.

                           Table A.--Checklist                          
        Asbestos Removal, Rennovation, and Demolition Checklist         
                                                                        
                                                                        
                                                                         
Date:                                                                   
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Supervisor:                                                             
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Location:                                                               
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Project No.:                                                            
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Work Area (sq. ft.):                                                    
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                         Yes                      No                    
                                                                        
I. Work Site Barrier                                                    
  Floor covered          --------------           --------------        
  Walls covered          --------------           --------------        
  Area ventilation off   --------------           --------------        
  All edges sealed       --------------           --------------        
  Penetrations sealed    --------------           --------------        
  Entry curtains         --------------           --------------        
                                                                        
II. Negative Air                                                        
 Pressure                                                               
  HEPA Vac               --------------           --------------        
  Ventilation system     --------------           --------------        
  Constant operation     --------------           --------------        
  Negative pressure      --------------           --------------        
   achieved                                                             
                                                                        
III. Signs                                                              
  Work area entrance     --------------           --------------        
  Bags labeled           --------------           --------------        
                                                                        
IV. Work Practices                                                      
  Removed material       --------------           --------------        
   promptly bagged                                                      
  Material worked wet    --------------           --------------        
  HEPA vacuum used       --------------           --------------        
  No smoking             --------------           --------------        
  No eating, drinking    --------------           --------------        
  Work area cleaned      --------------           --------------        
   after completion                                                     
  Personnel                                                             
   decontaminated each                                                  
   departure                                                            
                                                                        
V. Protective Equipment                                                 
  Disposable clothing    --------------           --------------        
   used one time                                                        
  Proper NIOSH-approved  --------------           --------------        
   respirators                                                          
                                                                        
VI. Showers                                                             
  On site                --------------           --------------        
  Functioning            --------------           --------------        
  Soap and towels        --------------           --------------        
  Used by all personnel  --------------           --------------        
                                                                        

    Bagging asbestos waste material promptly after its removal is 
another work practice control that is effective in reducing the 
airborne concentration of asbestos within the enclosure. Whenever 
possible, the asbestos should be removed and placed directly into 
bags for disposal rather than dropping the material to the floor and 
picking up all of the material when the removal is complete. If a 
significant amount of time elapses between the time that the 
material is removed and the time it is bagged, the asbestos material 
is likely to dry out and generate asbestos-laden dust when it is 
disturbed by people working within the enclosure. Any asbestos-
contaminated supplies and equipment that cannot be decontaminated 
should be disposed of in pre-labeled bags; items in this category 
include plastic sheeting, disposable work clothing, respirator 
cartridges, and contaminated wash water.
(5) Cleaning the Work Area
    After all of the asbestos-containing material is removed and 
bagged, the entire work area should be cleaned until it is free of 
all visible asbestos dust. All surfaces from which asbestos has been 
removed should be cleaned by wire brushing the surfaces, HEPA 
vacuuming these surfaces, and wiping them with amended water. The 
inside of the plastic enclosure should be vacuumed with a HEPA 
vacuum and wet wiped until there is no visible dust in the 
enclosure. Particular attention should be given to small horizontal 
surfaces such as pipes, electrical conduits, lights, and support 
tracks for drop ceilings. All such surfaces should be free of 
visible dust before the final air samples are collected.
    For areas less than 160 square feet or 260 linear feet, a 
minimum of 5 area air samples must be collected. These samples may 
be analyzed by phase contrast microscopy. Each sample must have an 
individual asbestos concentration less than 0.01 f/cc, as determined 
by the use of NIOSH Method 7400, before the worksite is considered 
clean.
    For areas less than 160 square feet or 260 linear feet, air samples 
may be analyzed by phase contrast microscopy using NIOSH method 7400, 
or by transmission electron microscopy (TEM) following the method 
contained in 40 CFR part 763, Appendix to subpart E and the procedure 
described below in paragraphs 1, 2, and 3.

    1. For areas of any size, a worksite will be considered clean 
when the average concentration of asbestos of five air samples 
collected within the affected functional space and analyzed by the 
TEM method contained in 40 CFR part 763, Appendix A to subpart E, is 
not statistically significantly different, as determined by the Z-
test calculation found in 40 CFR part 763, from the average asbestos 
concentration of five air samples collected at the same time outside 
the building in uncontaminated air space and analyzed in the same 
manner, sequentially, and the average asbestos concentration of the 
three field blanks described in 40 CFR part 763, Appendix A to 
subpart E is below the filter background level, as defined in 
Appendix A to subpart E, of 70 structures per square millimeter.
    2. For areas of any size, a worksite will also be considered 
clean when the volume of air drawn for each of the five samples 
collected within the worksite is equal to or greater than 1,199 
liters of air for a 25mm filter or equal to or greater than 2,799 
liters of air for a 37mm filter, and the average concentration of 
asbestos as analyzed by the transmission electron microscope method 
in 40 CFR part 763, Appendix A to subpart E, for the five air 
samples does not exceed the filter background level, as defined in 
40 CFR part 763, Appendix A to subpart E, of 70 structures per 
square millimeters. If the average concentration of asbestos of the 
five air samples within the affected functional space exceeds 70 
structures per millimeter, or if the volume of air in each of the 
samples is less than 1,199 liters of air for a 25mm filter or less 
than 2,799 liters of air for a 37mm filter, the action shall be 
considered complete only when the requirements of paragraph 1 are 
met.
    3. If the TEM method is used, TEM laboratories accredited in the 
National Institute of Standards & Technology's National Voluntary 
Laboratory Accreditation Program must be used to perform the TEM 
analyses.
    A clearance checklist is an effective method of ensuring that 
all surfaces are adequately cleaned and the enclosure is ready to be 
dismantled. Table B shows a checklist that can be used during the 
final inspection phase of asbestos abatement, removal, or renovation 
operations.

                      Table B.--Clearance Checklist                     
    Final Inspection of Asbestos Removal, Renovation, and Demolition    
                                Projects                                
                                                                        
                                                                        
                                                                         
Date:                                                                   
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Project:                                                                
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Location:                                                               
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Building:                                                               
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Checklist                                                               
                                                                        
Residual dust on:                                                       
                            Yes                    No                   
a. Floor                    ----------             ----------           
b. Horizontal surfaces      ----------             ----------           
c. Pipes                    ----------             ----------           
d. Ventilation equipment    ----------             ----------           
e. Ducts                    ----------             ----------           
h. Register                 ----------             ----------           
i. Lights                   ----------             ----------           
                                                                        



                                                                        
                                                                        
                                                                         
Field Notes:                                                            
                                                                        
Record any problems encountered here.                                   
                                                                        
                                                                        
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Final Air Sample Results:                                               
                                                                        
                                                                        
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Appendix G to Subpart G--Work Practices and Engineering Controls for 
Small-Scale, Short-Duration Operations Maintenance and Repair (O&M) 
Activities Involving Asbestos - Non-Mandatory

    This Appendix formerly appeared as Appendix B to Subpart E - 
Asbestos-Containing Materials in Schools - and now appears as Appendix 
G to Subpart G of the Asbestos Worker Protection Rule (WPR).
    This appendix has been moved from the Asbestos in Schools Rule to 
the WPR to provide work practices guidance to employers of all State 
and local government employees (not just school employees) who perform 
small-scale, short-duration operations, including operations, 
maintenance, and repair (O&M) activities involving asbestos-containing 
material. Work practices and engineering controls outlined in this 
Appendix are intended to provide comparable protection to public 
employees performing small-scale operations as that provided to private 
sector workers under the OSHA Asbestos Construction Standard, or under 
OSHA-approved State plans.
    This Appendix is not mandatory, in that employers subject to EPA's 
Worker Protection Rule may choose to comply with all the requirements 
of 40 CFR 763.121 for achieving employee exposures below the rule's 
action level or PEL. To be exempted from the requirements for small-
scale, short-duration operations in Sec. 763.121(e)(6), (j)(1)(i)(B), 
and (j)(2)(i), an employer shall comply with the provisions of this 
appendix in order to reduce employee exposure to asbestos to a level 
below the action level of 0.1 f/cc.

Definition of ``Small-Scale, Short-Duration Operations''

    For the purposes of this appendix, small-scale, short-duration 
renovation and maintenance activities are tasks such as, but not 
limited to:
     Removal of asbestos-containing insulation on pipes;
     Removal of small quantities of asbestos-containing 
insulation on beams or above ceilings;
     Replacement of an asbestos-containing gasket on a 
valve;
     Installation or removal of a small section of drywall;
     Installation of electrical conduits through or 
proximate to asbestos-containing materials.
    In its 1986 asbestos standard for the construction industry, 
OSHA concluded that the use of certain engineering and work practice 
controls is capable of reducing employee exposures to asbestos to 
levels below the standard's action level (0.1 f/cm\3\). (See 51 FR 
22714, June 20, 1986.) Several controls and work practices, used 
either singly or in combination, can be employed effectively to 
reduce asbestos exposures during small maintenance and renovation 
operations. These include:
    1. Wet methods.
    2. Removal methods.
    i. Use of glove bags.
    ii. Use of minienclosures.
    iii. Removal of entire asbestos insulated pipes or structures.
    3. Enclosure of asbestos materials.
    4. Maintenance programs.
    This appendix describes some of these controls and work 
practices in detail.

Preparation of the Area Before Operations, Maintenance, and Repair 
(O&M) Activities

    The first step in preparing to perform a small-scale, short-
duration O&M task, regardless of the method that will be used, is 
the removal from the work area of all objects that are movable to 
protect them from asbestos contamination. Objects that cannot be 
removed must be covered completely with 6-mil-thick polyethylene 
plastic sheeting before the task begins. If objects have already 
been contaminated, they should be thoroughly cleaned with a High 
Efficiency Particulate Air (HEPA) filtered vacuum or be wet-wiped 
before they are removed from the work area or completely encased by 
the plastic sheets.
    Wet methods. Whenever feasible, and regardless of the abatement 
method to be used (e.g., removal, enclosure, use of glove bags), wet 
methods must be used during small-scale, short-duration maintenance 
and renovation activities that involve disturbing asbestos-
containing materials. Handling asbestos materials wet is one of the 
most reliable methods of ensuring that asbestos fibers do not become 
airborne, and this practice should therefore be used whenever 
feasible. Wet methods can be used in the great majority of workplace 
situations. Only in cases where asbestos work must be performed on 
live electrical equipment, on live steam lines, or in other areas 
where water will seriously damage materials or equipment may dry 
removal be performed. Amended water or another wetting agent should 
be applied by means of an airless sprayer to minimize the extent to 
which the asbestos-containing material is disturbed.
    Asbestos-containing material should be wetted from the 
initiation of the maintenance or renovation operation, and wetting 
agents should be used continually throughout the work period to 
ensure that any dry asbestos-containing material exposed in the 
course of the work is wet and remains wet until final disposal.
    Removal of small amount of asbestos-containing materials. 
Several methods can be used to remove small amounts of asbestos-
containing materials during small-scale, short-duration renovation 
or maintenance tasks. These include the use of glove bags, the 
removal of an entire asbestos-covered pipe or structure, and the 
construction of minienclosures. The procedures that employers must 
use for each of these operations if they wish to avail themselves of 
the rule's exemptions are described in the following sections.
    i. Glove bags. As discussed in the l986 OSHA-asbestos standard 
for the construction industry, Summary and Explanation section of 
the preamble for paragraph (g), Methods of Compliance, evidence in 
the record indicated that the use of glove bags to enclose the work 
area during small-scale, short-duration maintenance or renovation 
activities will result in employee exposures to asbestos that are 
below the rule's action level of 0.1 f/cc. This appendix provides 
requirements for glove-bag procedures to be followed by employers 
wishing to avail themselves of the rule's exemption for each 
activity. OSHA has determined that the use of these procedures will 
reduce the 8-hour time weighted average (TWA) exposure of employees 
involved in these work operations to levels below the action level 
and will thus provide a degree of employee protection equivalent to 
that provided by compliance with all provisions of the rule.
    Glove bag installation. Glove bags are approximately 40-inch-
wide times 64-inch-long bags fitted with arms through which the work 
can be performed. When properly installed and used, they permit 
workers to remain completely isolated from the asbestos material 
removed or replaced inside the bag. Glove bags can thus provide a 
flexible, easily installed, and quickly dismantled temporary small 
work area enclosure that is ideal for small-scale asbestos 
renovation or maintenance jobs. These bags are single-use control 
devices that are disposed of at the end of each job. The bags are 
made of transparent 6-mil-thick polyethylene plastic with arms of 
spun-bonded polyolefin material (the same material used to make the 
disposable protective suits used in major asbestos removal, 
renovation, and demolition operations and in protective gloves). 
Glove bags are readily available from safety supply stores or 
specialty asbestos removal supply houses. Glove bags come pre-
labelled with the asbestos warning label prescribed by OSHA and EPA 
for bags used to dispose of asbestos waste.
    Glove bag equipment and supplies. Supplies and materials that 
are necessary to use glove bags effectively include:
    1. Tape to seal glove bag to the area from which asbestos is to 
be removed.
    2. Amended water or other wetting agents.
    3. An airless sprayer for the application of the wetting agent.
    4. Bridging encapsulant (a paste-like substance for coating 
asbestos) to seal the rough edges of any asbestos-containing 
materials that remain within the glove bag at the points of 
attachment after the rest of the asbestos has been removed.
    5. Tools such as razor knives, nips, and wire brushes (or other 
tools suitable for cutting wires, etc.).
    6. A HEPA filter-equipped vacuum for evacuating the glove bag 
(to minimize the release of asbestos fibers) during removal of the 
bag from the work area and for cleaning any material that may have 
escaped during the installation of the glove bag.
    7. HEPA-equipped dual-cartridge or more protective respirators 
for use by the employees involved in the removal of asbestos with 
the glove bag.
    Glove bag work practices. The proper use of glove bags requires 
the following steps:
    1. Glove bags must be installed so that they completely cover 
the pipe or other structure where asbestos work is to be done. Glove 
bags are installed by cutting the sides of the glove bag to fit the 
size of the pipe from which asbestos is to be removed. The glove bag 
is attached to the pipe by folding the open edges together and 
securely sealing them with tape. All openings in the glove bag must 
be sealed with duct tape or equivalent material. The bottom seam of 
the glove bag must also be sealed with duct tape or equivalent to 
prevent any leakage from the bag that may result from a defect in 
the bottom seam.
    2. The employee who is performing the asbestos removal with the 
glove bag must don at least a half mask dual-cartridge HEPA-equipped 
respirator; respirators should be worn by employees who are in close 
contact with the glove bag and who may thus be exposed as a result 
of small gaps in the seams of the bag or holes punched through the 
bag by a razor knife or a piece of wire mesh.
    3. The removed asbestos material from the pipe or other surface 
that has fallen into the enclosed bag must be thoroughly wetted with 
a wetting agent (applied with an airless sprayer through the precut 
port provided in most gloves bags or applied through a small hole in 
the bag).
    4. Once the asbestos material has been thoroughly wetted, it can 
be removed from the pipe, beam, or other surface. The choice of tool 
to use to remove the asbestos-containing material depends on the 
type of material to be removed. Asbestos-containing materials are 
generally covered with painted canvas and/or wire mesh. Painted 
canvas can be cut with a razor knife and peeled away from the 
asbestos-containing material underneath. Once the canvas has been 
peeled away, the asbestos-containing material underneath may be dry, 
in which case it should be resprayed with a wetting agent to ensure 
that it generates as little dust as possible when removed. If the 
asbestos-containing material is covered with wire mesh, the mesh 
should be cut with nips, tin snips, or other appropriate tool and 
removed. A wetting agent must then be used to spray any layer of dry 
material that is exposed beneath the mesh, the surface of the 
stripped underlying structure, and the inside of the glove bag.
    5. After removal of the layer of asbestos-containing material, 
the pipe or surface from which asbestos has been removed must be 
thoroughly cleaned with a wire brush and wet-wiped with a wetting 
agent until no traces of the asbestos-containing material can be 
seen.
    6. Any asbestos-containing insulation edges that have been 
exposed as a result of the removal or maintenance activity must be 
encapsulated with bridging encapsulant to ensure that the edges do 
not release asbestos fibers to the atmosphere after the glove bag 
has been removed.
    7. When the asbestos removal and encapsulation have been 
completed, a vacuum hose from a HEPA filtered vacuum must be 
inserted into the glove bag through the port to remove any air in 
the bag that may contain asbestos fibers. When the air has been 
removed from the bag, the bag should be squeezed tightly (as close 
to the top as possible), twisted, and sealed with tape, to keep the 
asbestos materials safely in the bottom of the bag. The HEPA vacuum 
can then be removed from the bag and the glove bag itself can be 
removed from the work area to be disposed of properly.
    ii. Minienclosures. In some instances, such as removal of 
asbestos from a small ventilation system or from a short length of 
duct, a glove bag may not be either large enough or of the proper 
shape to enclose the work area. In such cases, a minienclosure can 
be built around the area where small-scale, short-duration asbestos 
maintenance or renovation work is to be performed. Such enclosures 
should be constructed of 6-mil-thick polyethylene plastic sheeting 
and can be small enough to restrict entry to the asbestos work area 
to one worker.
    For example, a minienclosure can be built in a small utility 
closet when asbestos-containing duct covering is to be removed. The 
enclosure is constructed by:
    1. Affixing plastic sheeting to the walls with spray adhesive 
and tape.
    2. Covering the floor with plastic and sealing the plastic 
covering the floor to the plastic on the walls.
    3. Sealing any penetrations such as pipes or electrical conducts 
with tape; and
    4. Constructing a small change room (approximately 3 feet 
square) made of 6-mil-thick polyethylene plastic supported by 2-inch 
by 4-inch lumber (the plastic should be attached to the lumber 
supports with staples or spray adhesive and tape).
    The change room should be contiguous to the minienclosure, and 
is necessary to allow the worker to vacuum off his protective 
coveralls and remove them before leaving the work area. While inside 
minienclosure, the worker should wear spun-bonded polyolefin 
disposable coveralls and use the appropriate HEPA-filtered dual-
cartridge or more protective respiratory protection.
    The advantages of minienclosures are that they limit the spread 
of asbestos contamination, reduce the potential exposure of 
bystanders and other workers who may be working in adjacent areas, 
and are quick and easy to install. The disadvantage of 
minienclosures is that they may be too small to contain the 
equipment necessary to create a negative pressure within the 
enclosure; however the double layer of plastic sheeting will serve 
to restrict the release of asbestos fibers to the area outside the 
enclosure.
    Removal of entire asbestos insulated pipes or structures. When 
pipes are insulated with asbestos-containing materials, removal of 
the entire pipe may be more protective, easier, and more cost-
effective than stripping the asbestos insulation from the pipe. 
Before such a pipe is cut, the asbestos-containing insulation must 
be wrapped with 6-mil polyethylene plastic and securely sealed with 
duct tape or equivalent. This plastic covering will prevent asbestos 
fibers from becoming airborne as a result of the vibration created 
by the power saws used to cut the pipe. If possible, the pipes 
should be cut at locations that are not insulated to avoid 
disturbing the asbestos. If a pipe is completely insulated with 
asbestos-containing materials, small sections should be stripped 
using the glove-bag method described above before the pipe is cut at 
the stripped sections.
    Enclosure. The decision to enclose rather than remove asbestos-
containing material from an area depends on the employer's 
preference, i.e., for removal or containment. Employers consider 
such factors as cost effectiveness, the physical configuration of 
the work area, and the amount of traffic in the area when 
determining which abatement method to use.
    If the employer chooses to enclose the structure rather than to 
remove the asbestos-containing material insulating it, a solid 
structure (airtight walls and ceilings) must be built around the 
asbestos covered pipe or structure to prevent the release of 
asbestos-containing materials into the area beyond the enclosure and 
to prevent disturbing these materials by casual contact during 
future maintenance operations.
    Such a permanent (i.e., for the life of the building) enclosure 
should be built of new construction materials and should be impact 
resistant and airtight. Enclosure walls should be made of tongue-
and-groove boards, boards with spine joints, or gypsum boards having 
taped seams. The underlying structure must be able to support the 
weight of the enclosure. (Suspended ceilings with laid-in panels do 
not provide airtight enclosures and should not be used to enclose 
structures covered with asbestos-containing materials.) All joints 
between the walls and ceiling of the enclosure should be caulked to 
prevent the escape of asbestos fibers. During the installation of 
enclosures, tools that are used (such as drills or rivet tools) 
should be equipped with HEPA-filtered vacuums. Before constructing 
the enclosure, all electrical conduits, telephone lines, recessed 
lights, and pipes in the area to be enclosed should be moved to 
ensure that the enclosure will not have to be re-opened later for 
routine or emergency maintenance. If such lights or other equipment 
cannot be moved to a new location for logistic reasons, or if moving 
them will disturb the asbestos-containing materials, removal rather 
than enclosure of the asbestos-containing materials is the 
appropriate control method to use.
    Maintenance program. An asbestos maintenance program must be 
initiated in all facilities that have asbestos-containing materials. 
Such a program should include:
    1. Development of an inventory of all asbestos-containing 
materials in the facility.
    2. Periodic examination of all asbestos-containing materials to 
detect deterioration.
    3. Written procedures for handling asbestos materials during the 
performance of small-scale, short-duration maintenance and 
renovation activities.
    4. Written procedures for asbestos disposal.
    5. Written procedures for dealing with asbestos-related 
emergencies.

Members of the building's maintenance engineering staff 
(electricians, heating/air conditioning engineers, plumbers, etc.) 
who may be required to handle asbestos-containing materials should 
be trained in safe procedures. Such training should include at a 
minimum:
    1. Information regarding types of asbestos-containing materials 
and its various uses and forms.
    2. Information on the health effects associated with asbestos 
exposure.
    3. Descriptions of the proper methods of handling asbestos-
containing materials.
    4. Information on the use of HEPA-equipped dual-cartridge 
respirators and other personal protection during maintenance 
activities.
    Prohibited activities. The training program for the maintenance 
engineering staff should describe methods of handling asbestos-
containing materials as well as routine maintenance activities that 
are prohibited when asbestos-containing materials are involved. For 
example, maintenance staff employees should be instructed:
    1. Not to drill holes in asbestos-containing materials.
    2. Not to hang plants or pictures on structures covered with 
asbestos-containing materials.
    3. Not to sand asbestos-containing floor tile.
    4. Not to damage asbestos-containing materials while moving 
furniture or other objects.
    5. Not to install curtains, drapes, or dividers in such a way 
that they damage asbestos-containing materials.
    6. Not to dust floors, ceilings, moldings or other surfaces in 
asbestos-contaminated environments with a dry brush or sweep with a 
dry broom.
    7. Not to use an ordinary vacuum to clean up asbestos-containing 
debris.
    8. Not to remove ceiling tiles below asbestos-containing 
materials without wearing the proper respiratory protection, 
clearing the area of other people, and observing asbestos removal 
waste disposal procedures.
    9. Not to remove ventilation system filters dry.
    10. Not to shake ventilation system filters.

Appendix H to Subpart G--Substance Technical Information for Asbestos-- 
Non-Mandatory

I. Substance Identification

    A. Substance: ``Asbestos'' is the name of a class of magnesium-
silicate minerals that occur in fibrous form. Minerals that are 
included in this group are chrysotile, crocidolite, amosite, 
anthophyllite asbestos, tremolite asbestos, and actinolite asbestos.
    B. Asbestos is used in the manufacture of heat-resistant 
clothing, automotive brake and clutch linings, and a variety of 
building materials including floor tiles, roofing felts, ceiling 
tiles, asbestos-cement pipe and sheet, and fire-resistant drywall. 
Asbestos is also present in pipe and boiler insulation materials, 
and in sprayed-on materials located on beams, in crawlspaces, and 
between walls.
    C. The potential for asbestos from an asbestos-containing 
product to be inhaled depends on release of fibers from asbestos-
containing material. Friable material can release asbestos fibers. 
Friable means that the materials, when dry, may be crumbled, 
pulverized, or reduced to powder by hand pressure. The fibrous or 
fluffy sprayed-on materials used for fireproofing, insulation, or 
sound proofing are considered to be friable, and they readily 
release airborne fibers if disturbed. Materials such as vinyl-
asbestos floor tile or roofing felts are considered nonfriable and 
generally do not emit airborne fibers unless subjected to sanding or 
sawing operations. Some recent studies of asbestos release 
associated with routine maintenance of vinyl-asbestos floor-tiles 
indicates that it may be possible for airborne asbestos 
concentrations to result from the stripping, scrubbing, and buffing 
of these floors, especially using a dry process with abrasive pads. 
Asbestos-cement pipe or sheet can emit airborne fibers if the 
materials are cut or sawed, or if they are broken during demolition 
operations.
    D. Permissible exposure: Exposure to airborne asbestos fibers 
may not exceed 0.2 fibers per cubic centimeter of air (0.2 f/cc) 
averaged over the 8-hour workday, and/or an excursion limit of 1.0 
f/cc as averaged over a sampling period of 30 minutes.

II. Health Hazard Data

    A. Asbestos can cause disabling respiratory disease and various 
types of cancers if the fibers are inhaled. Inhaling or ingesting 
fibers from contaminated clothing or skin can also result in these 
diseases. The symptoms of these diseases generally do not appear for 
20 or more years after initial exposure.
    B. Exposure to asbestos has been shown to cause lung cancer, 
mesothelioma, and cancer of the stomach and colon. Mesothelioma is a 
rare cancer of the thin membrane lining of the chest and abdomen. 
Symptoms of mesothelioma include shortness of breath, pain in the 
walls of the chest, and/or abdominal pain.

III. Respirators and Protective Clothing

    A. Respirators: You are required to wear a respirator when 
performing tasks that result in asbestos exposure that exceeds the 
permissible exposure limit (PEL) of 0.2 f/cc of air. These 
conditions can occur while your employer is in the process of 
installing engineering controls to reduce asbestos exposure, or 
where engineering controls are not feasible to reduce asbestos 
exposure. Air-purifying respirators equipped with a high-efficiency 
particulate air (HEPA) filter can be used where airborne asbestos 
fiber concentrations do not exceed 2 f/cc; otherwise, air-supplied, 
positive-pressure, full facepiece respirators must be used. 
Disposable respirators or dust masks are not permitted to be used 
for asbestos work. For effective protection, respirators must fit 
your face and head snugly. Your employer is required to conduct fit 
tests when you are first assigned a respirator and every 6 months 
thereafter. Respirators should not be loosened or removed in work 
situations where their use is required.
    B. Protective Clothing: You are required to wear protective 
clothing in work areas where asbestos fiber concentrations exceed 
the permissible exposure limit (PEL) of 0.2 f/cc to prevent 
contamination of the skin. Where protective clothing is required, 
your employer must provide you with clean garments. Unless you are 
working on a large asbestos removal or demolition project, your 
employer must also provide a change room and separate lockers for 
your street clothes and contaminated work clothes. If you are 
working on a large asbestos removal or demolition project, and where 
it is feasible to do so, your employer must provide a clean room, 
shower, and decontamination room contiguous to the work area. When 
leaving the work area, you must remove contaminated clothing before 
proceeding to the shower. If the shower is not adjacent to the work 
area, you must vacuum your clothing before proceeding to change the 
room and shower. To prevent inhaling fibers in contaminated change 
rooms and showers, leave your respirator on until you leave the 
shower and enter the clean change room.

IV. Disposal Procedures and Cleanup

    A. Wastes that are generated by processes where asbestos is 
present include:
    1. Empty asbestos shipping containers.
    2. Process wastes such as cuttings, trimmings, or reject 
materials.
    3. Housekeeping waste from sweeping or vacuuming.
    4. Asbestos fireproofing or insulating material that is removed 
from buildings.
    5. Asbestos-containing building products removed during building 
renovation or demolition.
    6. Contaminated disposable protective clothing.
    B. Empty shipping bags can be flattened under exhaust hoods and 
packed into airtight containers for disposal. Empty shipping drums 
are difficult to clean and should be sealed.
    C. Vacuum bags or disposable paper filters should not be 
cleaned, but should be sprayed with a fine water mist and placed 
into a labeled waste container.
    D. Process waste and housekeeping waste should be wetted with 
water or a mixture of water and surfactant prior to packaging in 
disposable containers.
    E. Asbestos-containing material that is removed from buildings 
must be disposed of in leak-tight 6-mil thick plastic bags, plastic-
lined cardboard containers, or plastic-lined metal containers. These 
wastes, which are removed while wet, should be sealed in containers 
before they dry out to minimize the release of asbestos fibers 
during handling.

V. Access to Information

    A. Each year, your employer is required to inform you of the 
information contained in this standard and appendices for asbestos. 
In addition, your employer must instruct you in the proper work 
practices for handling asbestos-containing materials, and the 
correct use of protective equipment.
    B. Your employer is required to determine whether you are being 
exposed to asbestos. You or your representative has the right to 
observe employee measurements and to record the results obtained. 
Your employer is required to inform you of your exposure, and, if 
you are exposed above the permissible limit, he or she is required 
to inform you of the actions that are being taken to reduce your 
exposure to within the permissible limit.
    C. Your employer is required to keep records of your exposures 
and medical examinations. These exposure records must be kept for at 
least thirty (30) years. Medical records must be kept for the period 
of your employment plus thirty (30) years.
    D. Your employer is required to release your exposure and 
medical records to your physician or designated representative upon 
your written request.

Appendix I to Subpart G--Medical Surveillance Guidelines for Asbestos--
Non-Mandatory

I. Route of Entry

    Inhalation, ingestion.

II. Toxicology

    Clinical evidence of the adverse effects associated with 
exposure to asbestos is present in the form of several well-
conducted epidemiological studies of occupationally exposed workers, 
family contacts of workers, and persons living near asbestos mines. 
These studies have shown a definite association between exposure to 
asbestos and an increased incidence of lung cancer, pleural and 
peritoneal mesothelioma, gastrointestinal cancer, and asbestosis. 
The latter is a disabling fibrotic lung disease that is caused only 
by exposure to asbestos. Exposure to asbestos has also been 
associated with an increased incidence of esophageal, kidney, 
laryngeal, pharyngeal, and buccal cavity cancers. As with other 
known chronic occupational diseases, diseases associated with 
asbestos generally appears about 20 years following the first 
occurrence of exposure: There are no known acute effects associated 
with exposure to asbestos.
    Epidemiological studies indicate that the risk of lung cancer 
among exposed workers who smoke cigarettes is greatly increased over 
the risk of lung cancer among non-exposed smokers or exposed 
nonsmokers. These studies suggest that cessation of smoking will 
reduce the risk of lung cancer for a person exposed to asbestos but 
will not reduce it to the same level of risk as that existing for an 
exposed worker who has never smoked.

III. Signs and Symptoms of Exposure-Related Disease

    The signs and symptoms of lung cancer or gastrointestinal cancer 
induced by exposure to asbestos is not unique, except that a chest 
X-ray of an exposed patient with lung cancer may show pleural 
plaques, pleural calcification, or pleural fibrosis. Symptoms 
characteristic of mesothelioma include shortness of breath, pain in 
the walls of the chest, or abdominal pain. Mesothelioma has a much 
longer latency period compared with lung cancer (40 years versus 15-
20 years), and mesothelioma is therefore more likely to be found 
among workers who were first exposed to asbestos at an early age. 
Mesothelioma is always fatal.
    Asbestosis is pulmonary fibrosis caused by the accumulation of 
asbestos fibers in the lungs. Symptoms include shortness of breath, 
coughing, fatigue, and vague feelings of sickness. When the fibrosis 
worsens, shortness of breath occurs even at rest. The diagnosis of 
asbestosis is based on a history of exposure to asbestos, the 
presence of characteristics radiologic changes, end-inspiratory 
crackles (rales), and other clinical features of fibrosing lung 
disease. Pleural plaques and thickening are observed on X-rays taken 
during the early stages of the disease. Asbestosis is often a 
progressive disease even in the absence of continued exposure, 
although this appears to be a highly individualized characteristic. 
In severe cases, death may be caused by respiratory or cardiac 
failure.

IV. Surveillance and Preventive Considerations

    As noted above, exposure to asbestos has been linked to an 
increased risk of lung cancer, mesothelioma, gastrointestinal 
cancer, and asbestosis among occupationally exposed workers. 
Adequate screening tests to determine an employee's potential for 
developing serious chronic diseases, such as a cancer, from exposure 
to asbestos do not presently exist. However, some tests, 
particularly chest X-rays and pulmonary function tests, may indicate 
that an employee has been overexposed to asbestos increasing his or 
her risk of developing exposure related chronic diseases. It is 
important for the physician to become familiar with the operating 
conditions in which occupational exposure to asbestos is likely to 
occur. This is particularly important in evaluating medical and work 
histories and in conducting physical examinations. When an active 
employee has been identified as having been overexposed to asbestos 
measures taken by the employer to eliminate or mitigate further 
exposure should also lower the risk of serious long-term 
consequences.
    The employer is required to institute a medical surveillance 
program for all employees who are or will be exposed to asbestos at 
or above the action level (0.1 fiber per cubic centimeter of air) 
for 30 or more days per year and for all employees who are assigned 
to wear a negative-pressure respirator. All examinations and 
procedures must be performed by or under the supervision of a 
licensed physician, at a reasonable time and place, and at no cost 
to the employee.
    Although broad latitude is given to the physician in prescribing 
specific tests to be included in the medical surveillance program, 
EPA requires inclusion of the following elements in the routine 
examination:
    (i) Medical and work histories with special emphasis directed to 
symptoms of the respiratory system, cardiovascular system, and 
digestive tract.
    (ii) Completion of the respiratory disease questionnaire 
contained in Appendix D.
    (iii) A physical examination including a chest roentgenogram and 
pulmonary function test that includes measurement of the employee's 
forced vital capacity (FVC) and forced expiratory volume at one 
second (FEV1).
    (iv) Any laboratory or other test that the examining physician 
deems by sound medical practice to be necessary.
    The employer is required to make the prescribed tests available 
at least annually to those employees covered; more often than 
specified if recommended by the examining physician; and upon 
termination of employment.
    The employer is required to provide the physician with the 
following information: A copy of this standard and appendices; a 
description of the employee's duties as they relate to asbestos 
exposure; the employee's representative level of exposure to 
asbestos a description of any personal protective and respiratory 
equipment used; and information from previous medical examinations 
of the affected employee that is not otherwise available to the 
physician. Making this information available to the physician will 
aid in the evaluation of the employee's health in relation to 
assigned duties and fitness to wear personal protective equipment, 
if required.
    The employer is required to obtain a written opinion from the 
examining physician containing the results of the medical 
examination; the physician's opinion as to whether the employee has 
any detected medical conditions that would place the employee at an 
increased risk of exposure-related disease; any recommended 
limitations on the employee or on the use of personal protective 
equipment; and a statement that the employee has been informed by 
the physician of the results of the medical examination and of any 
medical conditions related to asbestos exposure that require further 
explanation or treatment. This written opinion must not reveal 
specific findings or diagnoses unrelated to exposure to asbestos and 
a copy of the opinion must be provided to the affected employee.

Appendix J to Subpart G--Smoking Cessation Program Information for 
Asbestos--Non-Mandatory

    The following organizations provide smoking cessation 
information.
    1. The National Cancer Institute operates a toll-free Cancer 
Information Service (CIS) with trained personnel to help you. Call 
1-800-4-CANCER* to reach the CIS office serving your area, or write: 
Office of Cancer Communications, National Cancer Institute, National 
Institutes of Health, Building 31 Room 10A18, Bethesda, Maryland 
20892.

2. American Cancer Society, 1599 Clifton Rd., N.E., Atlanta, Georgia 
30329-4251, 1-800-ACS-2345 (Cancer Response System), or local Atlanta 
area 816-7800.

    The American Cancer Society (ACS) is a voluntary organization 
composed of 58 divisions and 3,100 local units. Through ``The Great 
American Smokeout'' in November, the annual Cancer Crusade in April, 
and numerous educational materials, ACS helps people learn about the 
health hazards of smoking and become successful ex-smokers.

3. American Heart Association, 7320 Greenville Avenue, Dallas, Texas 
75231, (214) 373-6300

    The American Heart Association (AHA) is a voluntary organization 
with 130,000 members (physicians, scientists, and laypersons) in 55 
State and regional groups. AHA produces a variety of publications 
and audiovisual materials about the effects of smoking on the heart. 
AHA also has developed a guidebook for incorporating a weight-
control component into smoking cessation programs.

4. American Lung Association, 1740 Broadway, New York, New York 10019, 
1-800-LUNG-USA

    A voluntary organization of 7,500 members (physicians, nurses, 
and laypersons), the American Lung Association (ALA) conducts 
numerous public information programs about the health effects of 
smoking. ALA has 59 State and 85 local units. The organization 
actively supports legislation and information campaigns for non-
smokers' rights and provides help for smokers who want to quit, for 
example, through ``Freedom From Smoking,'' a self-help smoking 
cessation program.

5. Office on Smoking and Health, U.S. Department of Health and Human 
Services, 4770 Buford Highway, N.E, 1 Mail Stop K-50, Atlanta, Georgia 
30341, (404) 488-5705

    The Office on Smoking and Health (OSH) is the Department of 
Health and Human Services' lead agency in smoking control. OSH has 
sponsored distribution of publications on smoking-related topics, 
such as free flyers on relapse after initial quitting, helping a 
friend or family member quit smoking, the health hazards of smoking, 
and the effects of parental smoking on teenagers.
    *In Hawaii, on Oahu call 524-1235 (call collect from neighboring 
islands),
    Spanish-speaking staff members are available during daytime 
hours to callers from the following areas: California, Florida, 
Georgia, Illinois, New Jersey (area code 201), New York, and Texas. 
Consult your local telephone directory for listings of local 
chapters.

Appendix K to Subpart G--Work Practices and Engineering Controls for 
Automotive Brake Repair Operations--Non-Mandatory

    This appendix is intended as guidance for employers of State and 
local government workers engaged in automotive brake and clutch 
repair operations who wish to reduce their employees' asbestos 
exposures during repair operations to levels below the standard's 
action level (0.1 f/cc). EPA believes that State and local 
government employers are likely to be able to reduce their 
employees' exposures to asbestos by employing the engineering and 
work practice controls described in Sections A and B of this 
appendix. Those employers who choose to use these controls and who 
achieve exposures below the action level will thus be able to avoid 
any burden that might be imposed by complying with such requirements 
as medical surveillance, recordkeeping, training, respiratory 
protection, and regulated areas, which are triggered when employee 
exposures exceed the action level or PEL.
    Asbestos exposure in the automotive brake and clutch repair 
industry occurs primarily during the replacement of clutch plates 
and brake pads, shoes, and linings. Asbestos fibers may become 
airborne when an automotive mechanic removes the asbestos-containing 
residue that has been deposited as brakes and clutches wear. 
Employee exposures to asbestos occur during the cleaning of the 
brake drum or clutch housing.
    Based on evidence in the OSHA rulemaking record (Exs. 84-74, 84-
263, 90-148), EPA believes that employers engaged in brake repair 
operations who implement any of the work practices and engineering 
controls described in Sections A and B of this appendix may be able 
to reduce their employees' exposures to levels below the action 
level (0.1 fiber/cc) and/or excursion limit. These control methods 
and the relevant record evidence on these and other methods are 
described in the following sections.
A. Enclosed Cylinder/HEPA Vacuum System Method
    The enclosed cylinder-vacuum system used in one of the 
facilities visited by representatives of the National Institute for 
Occupational Safety and Health (NIOSH) during a health hazard 
evaluation of brake repair facilities consists of three components:
    (1) A wheel-shaped cylinder designed to cover and enclose the 
wheel assembly;
    (2) A compressed-air hose and nozzle that fits into a port in 
the cylinder; and
    (3) A HEPA-filtered vacuum used to evacuate airborne dust 
generated within the cylinder by the compressed air.
    To operate the system, the brake assembly is enclosed in a 
cylinder that has viewing ports to provide visibility and cotton 
sleeves through which the mechanic can handle the brake assembly 
parts. The cylinder effectively isolates asbestos dust in the drum 
from the mechanic's breathing zone. The brake assembly isolation 
cylinder is manufactured in two sizes to fit brake drums in the 7-
to-12-inch size range common to automobiles and light trucks and the 
12-to-19-inch size range common to large commercial vehicles. The 
cylinder is equipped with built-in compressed-air guns and a 
connection for a vacuum cleaner equipped with a High Efficiency 
Particulate Air (HEPA) filter. This type of filter is capable of 
removing all particles greater than 0.3 microns from the air. When 
the vacuum cleaner's filter is full, it must be replaced according 
to the manufacturer's instruction, and appropriate HEPA-filtered 
dual cartridge respirators should be worn during the process. The 
filter of the vacuum cleaner is assumed to be contaminated with 
asbestos fibers and should be handled carefully, wetted with a fine 
mist of water, placed immediately in a labelled plastic bag, and 
disposed of properly. When the cylinder is in place around the brake 
assembly and the HEPA vacuum is connected, compressed air is blown 
into the cylinder to loosen the residue from the brake assembly 
parts. The vacuum then evacuates the loosened material from within 
the cylinder, capturing the airborne material on the HEPA filter.
    The HEPA vacuum system can be disconnected from the brake 
assembly isolation cylinder when the cylinder is not being used. The 
HEPA vacuum can then be used for clutch facing work, grinding, or 
other routine cleaning.
B. Compressed Air/Solvent System Method
    A compressed-air hose fitted at the end with a bottle of solvent 
can be used to loosen the asbestos-containing residue and to capture 
the resulting airborne particles in the solvent mist. The mechanic 
should begin spraying the asbestos-contaminated parts with the 
solvent at a sufficient distance to ensure that the asbestos 
particles are not dislodged by the velocity of the solvent spray. 
After the asbestos particles are thoroughly wetted, the spray may be 
brought closer to the parts and the parts may be sprayed as 
necessary to remove grease and other material. The automotive parts 
sprayed with the mist are then wiped with a rag, which must then be 
disposed of appropriately. Rags should be placed in a labelled 
plastic bag or other container while they are still wet. This 
ensures that the asbestos fibers will not become airborne after the 
brake and clutch parts have been cleaned. (If cleanup rags are 
laundered rather than disposed of, they must be washed using methods 
appropriate for the laundering of asbestos-contaminated materials.)
    EPA believes that a variant of this compressed-air/solvent mist 
process offers advantages over the compressed-air/solvent mist 
technique discussed above, both in terms of costs and employee 
protection. The variant involves the use of spray cans filled with 
any of several solvent cleaners commercially available from auto 
supply stores. Spray cans of solvent are inexpensive, readily 
available, and easy to use. These cans will also save time, because 
no solvent delivery system has to be asembled, i.e., no compressed-
air hose/mister ensemble. EPA believes that a spray can will deliver 
solvent to the parts to be cleaned with considerably less force than 
the alternative compressed-air delivery system described above, and 
will thus generate fewer airborne asbestos fibers than the 
compressed-air method. EPA therefore believes that the exposure 
levels of automotive repair mechanics using the spray can/solvent 
mist process will be even lower than the exposures reported by NIOSH 
for the compressed-air/solvent mist system (0.08 f/cc).
C. Information on the Effectiveness of Various Control Measures
    The amount of airborne asbestos generated during brake and 
clutch repair operations depends on the work practices and 
engineering controls used during the repair or removal activity. 
Data in the rulemaking record document the 8-hour time-weighted 
average (TWA8) asbestos exposure levels associated with various 
methods of brake and clutch repair and removal.
    NIOSH submitted a report to the OSHA rulemaking record entitled 
``Health Hazard Evaluation for Automotive Brake Repair.'' In 
addition, exhibits provided during the public comment period for 
OSHA rulemaking provided exposure data for comparing the airborne 
concentrations of asbestos generated by the use of various work 
practices during brake repair operations. These reports present 
exposure data for brake repair operations involving a variety of 
controls and work practices, including:
     Use of compressed air to blow out the brake drums;
     Use of a brush, without a wetting agent, to remove the 
asbestos-containing residue;
     Use of a brush dipped in water or a solvent to remove 
the asbestos-containing residue;
     Use of an enclosed vacuum cleaning system to capture 
the asbestos-containing residue; and
     Use of a solvent mixture applied with compressed air to 
remove the residue.

Prohibited Methods

    The use of compressed air to blow the asbestos-containing 
residue off the surface of the brake drum removes the residue 
effectively but simultaneously produces an airborne cloud of 
asbestos fibers. According to NIOSH, the peak exposures of mechanics 
using this technique were as high as 15 fibers/cc, and 8-hour TWA 
exposures ranged from 0.03 to 0.19 f/cc.
    Dr. William J. Nicholson of the Mount Sinai School of Medicine 
in public comments submitted to the OSHA asbestos docket (Ex. 74-84) 
cited data from Knight and Hickish (1970) that indicated that the 
concentration of asbestos ranged from 0.84 to 5.35 f/cc over a 60-
minute sampling period when compressed air was being used to blow 
out the asbestos-containing residue from the brake drum. In the same 
study, a peak concentration of 87 f/cc was measured for a few 
seconds during brake cleaning performed with compressed air. Rohl et 
al. (1976), in comments submitted to the OSHA docket (Ex. 90-148), 
measured area concentrations (of unspecified duration) within 3-5 
feet of operations involving the cleaning of brakes with compressed 
air and obtained readings ranging from 6.6 to 29.8 f/cc. Because of 
the high exposure levels that result from cleaning brake and clutch 
parts using compressed air, EPA prohibits this practice in the EPA 
WPR.
Ineffective Methods
    When dry brushing was used to remove the asbestos-containing 
residue from the brake drums and wheel assemblies, peak exposures 
measured by NIOSH ranged from 0.61 to 0.81 f/cc, while 8-hour TWA 
levels were at the standard's permissible exposure limit (PEL) of 
0.2 f/cc (Ex. 84-263). Rohl and his colleagues (Ex. 90-148) 
collected area samples 1-3 feet from a brake cleaning operation 
being performed with a dry brush, and measured concentrations 
ranging from 1.3 to 3.6 f/cc; however, sampling times and TWA 
concentrations were not presented in the Rohl et al. study.
    When a brush wetted with water, gasoline, or Stoddart solvent 
was used to clean the asbestos-containing residue from the affected 
parts, exposure levels (8-hour TWAs) measured by NIOSH also exceeded 
the new 0.2 f/cc PEL, and peak exposures ranged as high as 2.62 f/cc 
(OSHA docket Ex. 84-263).

Preferred Methods

    Use of an engineering control system involving a cylinder that 
completely encloses the brake shoe assembly and a High Efficiency 
Particulate Air (HEPA) filter-equipped vacuum produced 8-hour TWA 
employee exposures of 0.01 f/cc and peak exposures ranging from 
nondetectable to 0.07 f/cc (OSHA docket Ex. 84-263). (Because this 
system achieved exposure levels below the standard's action level, 
it is described in detail above.) Data collected by the Mount Sinai 
Medical Center (OSHA docket Ex. 90-148), showed that for two of 
three operations sampled, the exposure of mechanics to airborne 
asbestos fibers was nondetectable. For the third operator sampled by 
Mt. Sinai researchers, the exposure was 0.5 f/cc, which the authors 
attributed to asbestos that had contaminated the operator's clothing 
in the course of previous brake repair operations performed without 
the enclosed cylinder/vacuum system.
    Some automotive repair facilities use a compressed-air hose to 
apply a solvent mist to remove the asbestos-containing residue from 
the brake drums before repair. The NIOSH data (OSHA docket Ex. 84-
263) indicated that mechanics employing this method experienced 
exposures (8-hour TWAs) of 0.8 f/cc, with peaks of 0.25 to 0.68 f/
cc. This technique, and a variant of it that EPA believes is both 
less costly and more effective in reducing employee exposures, is 
described in greater detail above in Sections A and B.

D. Summary

    In conclusion, EPA believes that it is likely that employers of 
State and local government workers engaged in brake and clutch 
repair operations will be able to avail themselves of the action 
level trigger built into the revised standard if they 
conscientiously employ one of the three control methods described 
above: the enclosed cylinder/HEPA vacuum system, the compressed air/
solvent method, or the spray can/solvent mist system.

[FR Doc. 94-26802 Filed 10-31-94; 8:45 am]
BILLING CODE 6560-50-F