[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: 40CFR61.155]

[Page 119-121]
 
                   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. 61.155  Standard for operations that convert asbestos-containing
waste material into nonasbestos (asbestos-free) material.

    Each owner or operator of an operation that converts RACM and 
asbestos-containing waste material into nonasbestos (asbestos-free) 
material shall:
    (a) Obtain the prior written approval of the Administrator to 
construct the facility. To obtain approval, the owner or operator shall 
provide the Administrator with the following information:
    (1) Application to construct pursuant to Sec. 61.07.
    (2) In addition to the information requirements of Sec. 
61.07(b)(3), a
    (i) Description of waste feed handling and temporary storage.
    (ii) Description of process operating conditions.
    (iii) Description of the handling and temporary storage of the end 
product.
    (iv) Description of the protocol to be followed when analyzing 
output materials by transmission electron microscopy.
    (3) Performance test protocol, including provisions for obtaining 
information required under paragraph (b) of this section.
    (4) The Administrator may require that a demonstration of the 
process be performed prior to approval of the application to construct.
    (b) Conduct a start-up performance test. Test results shall include:

[[Page 120]]

    (1) A detailed description of the types and quantities of 
nonasbestos material, RACM, and asbestos-containing waste material 
processed, e.g., asbestos cement products, friable asbestos insulation, 
plaster, wood, plastic, wire, etc. Test feed is to include the full 
range of materials that will be encountered in actual operation of the 
process.
    (2) Results of analyses, using polarized light microscopy, that 
document the asbestos content of the wastes processed.
    (3) Results of analyses, using transmission electron microscopy, 
that document that the output materials are free of asbestos. Samples 
for analysis are to be collected as 8-hour composite samples (one 200-
gram (7-ounce) sample per hour), beginning with the initial introduction 
of RACM or asbestos-containing waste material and continuing until the 
end of the performance test.
    (4) A description of operating parameters, such as temperature and 
residence time, defining the full range over which the process is 
expected to operate to produce nonasbestos (asbestos-free) materials. 
Specify the limits for each operating parameter within which the process 
will produce nonasbestos (asbestos-free) materials.
    (5) The length of the test.
    (c) During the initial 90 days of operation,
    (1) Continuously monitor and log the operating parameters identified 
during start-up performance tests that are intended to ensure the 
production of nonasbestos (asbestos-free) output material.
    (2) Monitor input materials to ensure that they are consistent with 
the test feed materials described during start-up performance tests in 
paragraph (b)(1) of this section.
    (3) Collect and analyze samples, taken as 10-day composite samples 
(one 200-gram (7-ounce) sample collected every 8 hours of operation) of 
all output material for the presence of asbestos. Composite samples may 
be for fewer than 10 days. Transmission electron microscopy (TEM) shall 
be used to analyze the output material for the presence of asbestos. 
During the initial 90-day period, all output materials must be stored 
on-site until analysis shows the material to be asbestos-free or 
disposed of as asbestos-containing waste material according to Sec. 
61.150.
    (d) After the initial 90 days of operation,
    (1) Continuously monitor and record the operating parameters 
identified during start-up performance testing and any subsequent 
performance testing. Any output produced during a period of deviation 
from the range of operating conditions established to ensure the 
production of nonasbestos (asbestos-free) output materials shall be:
    (i) Disposed of as asbestos-containing waste material according to 
Sec. 61.150, or
    (ii) Recycled as waste feed during process operation within the 
established range of operating conditions, or
    (iii) Stored temporarily on-site in a leak-tight container until 
analyzed for asbestos content. Any product material that is not 
asbestos-free shall be either disposed of as asbestos-containing waste 
material or recycled as waste feed to the process.
    (2) Collect and analyze monthly composite samples (one 200-gram (7-
ounce) sample collected every 8 hours of operation) of the output 
material. Transmission electron microscopy shall be used to analyze the 
output material for the presence of asbestos.
    (e) Discharge no visible emissions to the outside air from any part 
of the operation, 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.
    (f) Maintain records on-site and include the following information:
    (1) Results of start-up performance testing and all subsequent 
performance testing, including operating parameters, feed 
characteristic, and analyses of output materials.
    (2) Results of the composite analyses required during the initial 90 
days of operation under Sec. 61.155(c).
    (3) Results of the monthly composite analyses required under Sec. 
61.155(d).
    (4) Results of continuous monitoring and logs of process operating 
parameters required under Sec. 61.155 (c) and (d).
    (5) The information on waste shipments received as required in Sec. 
61.154(e).
    (6) For output materials where no analyses were performed to 
determine the presence of asbestos, record the

[[Page 121]]

name and location of the purchaser or disposal site to which the output 
materials were sold or deposited, and the date of sale or disposal.
    (7) Retain records required by paragraph (f) of this section for at 
least 2 years.
    (g) Submit the following reports to the Administrator:
    (1) A report for each analysis of product composite samples 
performed during the initial 90 days of operation.
    (2) A quarterly report, including the following information 
concerning activities during each consecutive 3-month period:
    (i) Results of analyses of monthly product composite samples.
    (ii) A description of any deviation from the operating parameters 
established during performance testing, the duration of the deviation, 
and steps taken to correct the deviation.
    (iii) Disposition of any product produced during a period of 
deviation, including whether it was recycled, disposed of as asbestos-
containing waste material, or stored temporarily on-site until analyzed 
for asbestos content.
    (iv) The information on waste disposal activities as required in 
Sec. 61.154(f).
    (h) Nonasbestos (asbestos-free) output material is not subject to 
any of the provisions of this subpart. Output materials in which 
asbestos is detected, or output materials produced when the operating 
parameters deviated from those established during the start-up 
performance testing, unless shown by TEM analysis to be asbestos-free, 
shall be considered to be asbestos-containing waste and shall be handled 
and disposed of according to Sec. Sec. 61.150 and 61.154 or reprocessed 
while all of the established operating parameters are being met.

[55 FR 48431, Nov. 20, 1990]