[Code of Federal Regulations]
[Title 40, Volume 8]
[Revised as of July 1, 2007]
From the U.S. Government Printing Office via GPO Access
[CITE: 40CFR61.146]

[Page 107-108]
 
                   TITLE 40--PROTECTION OF ENVIRONMENT
 
         CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
 
PART 61_NATIONAL EMISSION STANDARDS FOR HAZARDOUS AIR POLLUTANTS
--Table of Contents
 
            Subpart M_National Emission Standard for Asbestos
 
Sec. 61.146  Standard for spraying.

    The owner or operator of an operation in which asbestos-containing 
materials are spray applied shall comply with the following 
requirements:
    (a) For spray-on application on buildings, structures, pipes, and 
conduits, do not use material containing more than 1 percent asbestos as 
determined using the method specified in appendix E, subpart E, 40 CFR 
part 763, section 1,

[[Page 108]]

Polarized Light Microscopy, except as provided in paragraph (c) of this 
section.
    (b) For spray-on application of materials that contain more than 1 
percent asbestos as determined using the method specified in appendix E, 
subpart E, 40 CFR part 763, section 1, Polarized Light Microscopy, on 
equipment and machinery, except as provided in paragraph (c) of this 
section:
    (1) Notify the Administrator at least 20 days before beginning the 
spraying operation. Include the following information in the notice:
    (i) Name and address of owner or operator.
    (ii) Location of spraying operation.
    (iii) Procedures to be followed to meet the requirements of this 
paragraph.
    (2) Discharge no visible emissions to the outside air from spray-on 
application of the asbestos-containing material or use the methods 
specified by Sec. 61.152 to clean emissions containing particulate 
asbestos material before they escape to, or are vented to, the outside 
air.
    (c) The requirements of paragraphs (a) and (b) of this section do 
not apply to the spray-on application of materials where the asbestos 
fibers in the materials are encapsulated with a bituminous or resinous 
binder during spraying and the materials are not friable after drying.
    (d) Owners or operators of sources subject to this paragraph are 
exempt from the requirements of Sec. Sec. 61.05(a), 61.07 and 61.09.

[49 FR 13661, Apr. 5, 1984. Redesignated and amended at 55 FR 48424, 
Nov. 20, 1990; 60 FR 31920, June 19, 1995]