Asbestos Worker Protection; Asbestos-Containing Materials in [Federal Register: November 1, 1994]
Part IV Environmental Protection Agency
40 CFR Part 763 Asbestos Worker Protection; Asbestos-Containing Materials in Schools; Proposed Rule
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.
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, EG 99, 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 OSHAapproved 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 OSHAapproved 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:
<bullet> 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. <bullet> Deleting exemptions from initial air monitoring and labeling based upon certain conditions. <bullet> Expanding covered work activities from asbestos abatement work to construction work and to brake and clutch repair workers. <bullet> Adding appendices to govern work practices for construction and brake and clutch repair work. <bullet> Correcting the scope of the exemption triggers associated with small-scale, short duration operations. <bullet> 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 asbestoscontaining 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 asbestoscontaining 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 asbestoscontaining 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 - NonMandatory), 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 reordered. 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 smallscale, 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
- 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.- Magnitude of exposure. The current (1987) EPA WPR covers State and local government employees in the 27 States that do not have OSHAapproved 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 OSHAapproved 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 toxicsrelated 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]
- 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.
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.
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(b) Worker protection. See Subpart G of this part.- * * * *
- The subpart heading for subpart G is revised to read as follows: ``Asbestos Worker Protection.''
(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.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.
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(b) Definitions.
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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 positivepressure 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.
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(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.
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(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.
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(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.
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(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.
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(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.
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).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
- * * * *
(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).- Section 763.126 is revised to read as follows:
- 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.
- 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.
- 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.
- 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.
- 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.
- Calibrate each personal sampling pump before and after use with a representative filter cassette installed between the pump and the calibration devices.
- 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).
- 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.
- The microscope shall be fitted with a Walton-Beckett eyepiece graticule calibrated for a field diameter of 100 micrometers (<plus-minus> 2 micrometers).
- 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 WaltonBeckett 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
- 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.
- 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.
- All individuals performing asbestos analysis must have taken the NIOSH course for sampling and evaluating airborne asbestos dust or an equivalent course.
- 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.
- 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 <greek-m>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: 1012f 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 <greek-m>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:
- Acetone.
- 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:
- 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 singleholed 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 <greek-m>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
- Calibrate each personal sampling pump with a representative sampler in line.
- 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.
- 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.
- 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 (A<INF>c=385 mm\2\)] for optimum counting precision (see step 21 below). Calculate the minimum sampling time, <SUP>tminimum (min) at the action level (one-half of the current standard), L (f/cc) of the fibrous aerosol being sampled: (A<INF>c)(E) <SUP>t minimum = -------------------------- (Q)(L) 10<SUP>3 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, d<INF>c (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, L<INF>o (um), using the stage micrometer.
f. Remove the graticule from the microscope and measure its actual grid length, L<INF>a (mm). This can best be accomplished by using a stage fitted with verniers.
g. Calculate the circle diameter, d<INF>c (mm), for the WaltonBeckett graticule: L<INF>a x D d<INF>C = -------------------------- L<INF>o h. Check the field diameter, D (acceptable range 100 mm <plus-minus>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)s<INF>r where F=average of the two fiber counts and s<INF>r=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/ mm<SUP>2); by dividing the total fiber count, F; minus the mean field blank count, B, by the number of fields, n; and the field area, A<INF>f (0.00785 mm<SUP>2 for a properly calibrated WaltonBeckett graticule): (F/n<INF>f) - (B/n<INF>b) E = ---------------------- fibers/mm<SUP>2 A<INF>f where:
n<INF>f--number of fields in submission sample n<INF>b--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, A<INF>c (385 mm<SUP>2 for a 25-mm filter): (E)(A<INF>c) C = --------------------------- V(10<SUP>3) Note: Periodically check and adjust the value of A<INF>c, 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: <bullet> Positioning of mask on nose. <bullet> Room for eye protection. <bullet> Room to talk.
<bullet> Positioning mask on face and cheeks. 7. The following criteria shall be used to help determine the adequacy of the respirator fit:
<bullet> Chin properly placed. <bullet> Strap tension.
<bullet> Fit across nose bridge. <bullet> Distance from nose to chin. <bullet> Tendency to slip.
<bullet> 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 threequarters 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 positivepressure 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
- General a. The method applies to the negative-pressure nonpowered airpurifying 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 airpurifying 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--MandatoryAppendix 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--NonMandatory 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:
<bullet> A physical description of the work area; <bullet> A description of the approximate amount of material to be removed;
<bullet> A schedule for turning off and sealing existing ventilation systems;
<bullet> Personnel hygiene procedures; <bullet> Labeling procedures; <bullet> A description of personal protective equipment and clothing to be worn by employees;
<bullet> A description of the local exhaust ventilation systems to be used;
<bullet> A description of work practices to be observed by employees;
<bullet> A description of the methods to be used to remove the asbestos-containing material;
<bullet> The wetting agent to be used; <bullet> A description of the sealant to be used at the end of the project;
<bullet> An air monitoring plan; <bullet> A description of the method to be used to transport waste material; and
<bullet> 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 asbestoscontaining materials; amended water penetrates more effectively than plain water and permits more thorough soaking of the asbestoscontaining 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 plasticcovered 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 asbestoscontaining 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 asbestoscontaining material before it is disturbed. After the asbestoscontaining 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: <bullet> The work area enclosure is complete; <bullet> The negative-pressure system is in operation; <bullet> Necessary signs and labels are used; <bullet> Appropriate work practices are used; <bullet> Necessary protective clothing and equipment are used; and
<bullet> Appropriate decontamination procedures are being followed. Table A.--Checklist Asbestos Removal, Rennovation, and Demolition Checklist Date:
Supervisor:
Location:
Project No.:
Work Area (sq. ft.):
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 asbestoscontaminated 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.
- 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 Ztest 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.
- 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.
- 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:
Project:
Location:
Building:
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.
Final Air Sample Results:
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 smallscale, 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:
<bullet> Removal of asbestos-containing insulation on pipes; <bullet> Removal of small quantities of asbestos-containing insulation on beams or above ceilings;
<bullet> Replacement of an asbestos-containing gasket on a valve;
<bullet> Installation or removal of a small section of drywall; <bullet> 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:
- Wet methods.
- Removal methods.
i. Use of glove bags.
ii. Use of minienclosures.
iii. Removal of entire asbestos insulated pipes or structures.- Enclosure of asbestos materials.
- 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, shortduration 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 asbestoscontaining 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 asbestoscontaining 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-inchwide 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 prelabelled 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:
- Tape to seal glove bag to the area from which asbestos is to be removed.
- Amended water or other wetting agents.
- An airless sprayer for the application of the wetting agent.
- 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.
- Tools such as razor knives, nips, and wire brushes (or other tools suitable for cutting wires, etc.).
- 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.
- 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:
- 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.
- 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.
- 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).
- 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.
- 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.
- 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.
- 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:
- Affixing plastic sheeting to the walls with spray adhesive and tape.
- Covering the floor with plastic and sealing the plastic covering the floor to the plastic on the walls.
- Sealing any penetrations such as pipes or electrical conducts with tape; and
- 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 dualcartridge 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 costeffective 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 asbestoscontaining 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 tongueand -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:
- Development of an inventory of all asbestos-containing materials in the facility.
- Periodic examination of all asbestos-containing materials to detect deterioration.
- Written procedures for handling asbestos materials during the performance of small-scale, short-duration maintenance and renovation activities.
- Written procedures for asbestos disposal.
- 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:
- Information regarding types of asbestos-containing materials and its various uses and forms.
- Information on the health effects associated with asbestos exposure.
- Descriptions of the proper methods of handling asbestoscontaining materials.
- 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 asbestoscontaining materials as well as routine maintenance activities that are prohibited when asbestos-containing materials are involved. For example, maintenance staff employees should be instructed:- Not to drill holes in asbestos-containing materials.
- Not to hang plants or pictures on structures covered with asbestos-containing materials.
- Not to sand asbestos-containing floor tile.
- Not to damage asbestos-containing materials while moving furniture or other objects.
- Not to install curtains, drapes, or dividers in such a way that they damage asbestos-containing materials.
- Not to dust floors, ceilings, moldings or other surfaces in asbestos-contaminated environments with a dry brush or sweep with a dry broom.
- Not to use an ordinary vacuum to clean up asbestos-containing debris.
- 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.
- Not to remove ventilation system filters dry.
- 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 magnesiumsilicate 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 asbestoscontaining 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 vinylasbestos 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:
- Empty asbestos shipping containers.
- Process wastes such as cuttings, trimmings, or reject materials.
- Housekeeping waste from sweeping or vacuuming.
- Asbestos fireproofing or insulating material that is removed from buildings.
- Asbestos-containing building products removed during building renovation or demolition.
- 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, plasticlined 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 wellconducted 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 (FEV<INF>1).
(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.
- 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.
- 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 weightcontrol 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 nonsmokers' 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 compressedair 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 (TWA<INF>8) 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: <bullet> Use of compressed air to blow out the brake drums; <bullet> Use of a brush, without a wetting agent, to remove the asbestos-containing residue;
<bullet> Use of a brush dipped in water or a solvent to remove the asbestos-containing residue;
<bullet> Use of an enclosed vacuum cleaning system to capture the asbestos-containing residue; and
<bullet> 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
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