02/23/90
Clarification of EPA NESHAP Policy - Nonfriable Asbestos
MEMORANDUM February 23, 1990
SUBJECT: Clarification of EPA NESHAP Policy - Nonfriable Asbestos
FROM: /s/ Michael S. Alushin
Associate Enforcement Counsel
for Air
/s/ John S. Seitz, Director
Stationary Source Compliance Division
Office of Air Quality Planning and Standards
TO: Addressees
Attached please find a discussion of our current interpretation of how
nonfriable asbestos containing materials should be handled pursuant to the
asbestos NESHAP, 40 CFR Part 61, Subpart M ( Section 61.140 et. seq. Please
file the attached document in Part D ( Section 112 ) of your Policy
Compendium as Document 11.
Addressees: Gerald Emison
Office of Air Quality Planning and Standards
James Strock
Assistant Administrator
for Enforcement
Alan W. Eckert
Associate General Counsel
Air and Radiation Division
Air and Waste Management Division Director
Region II
Air Management Division Directors
Regions III and IX
Air and Radiation Division Director
Region V
- 2 -
Air, Pesticides and Toxics Management Division
Directors
Regions I, IV, and VI
Air and Toxics Division Directors
Regions VII, VIII, and X
Regional Counsels
Regions I - X
Air Branch Chiefs / Team Leaders
Office of Regional Counsel
Regions I - X
Air Division Branch Chiefs
Regions I - X
David Buente, Chief
Environmental Enforcement Section
U.S. Department of Justice
Attachment
FEB 23, 1990
MEMORANDUM
SUBJECT: Clarification of EPA NESHAP Policy - Nonfriable ACM
FROM: /s/ Jack R. Farmer, Director
Emission Standards Division (MD-19)
/s/ John S. Seitz, Director
Stationary Source Compliance Division (EN-341)
/s/ Michael S. Alushin
Associate Enforcement Counsel for Air Enforcement (LE-134A)
TO: See Below
This memorandum clarifies the requirements of the Asbestos NESHAP
regarding nonfriable asbestos containing material ( ACM ), such as floor
tile, roofing material, packing, and gaskets.
BACKGROUND
The issue of friability and the intent of the original standards for
demolition and renovation activities have been the source of many questions
and comments. In recent months, we have spent considerable time discussing
this issue and reviewing subsequent interpretations of the standards. The
rulemaking proposed on January 10, 1989 only addresses administrative
changes or clarifications to the original standards. Thus, the final
rulemaking can not result in a change that would affect the stringency of
the original standards.
In the original rule, published in 1973, a distinction was made between
building materials that would release a significant amount of asbestos
fibers and materials that would not. Floor tile, roofing material,
packings, and gaskets were identified as materials that would not release
significant amounts of fiber when disturbed. The term "friable" was used to
make this distinction. In December 1985, we issued a determination which
stated that if nonfriable ACM could be damaged to the extent that it would
be crumbled, pulverized, or reduced to powder, it should be removed prior to
demolition. The 1985 determination was intended to affect only practices
and ACM that could result in the release of significant quantities of
asbestos. While it was unclear whether this determination was intended to
affect ACM such as floor tile, roofing material, packings and gaskets that
are not friable, some delegated enforcement agencies were inferring this
material must be removed prior to demolition to ensure compliance with the
NESHAP.
2
Although no research has been conducted on the conditions which will
cause nonfriable materials to become friable, it is considered probable that
some conditions ( e.g. severe weathering, prolonged exposure to harsh
chemicals ) will cause this effect. Furthermore, certain practices such as
burning, sanding, or grinding could crumble, pulverize, or reduce to powder
nonfriable ACM.
POLICY
Therefore, we recommend the following approach:
- Floor tile, roofing material, packing, and gaskets ( normally
nonfriable ACM ) must be inspected before demolition to determine if the ACM
is in poor condition, indicated by peeling, cracking, or crumbling of the
material. If normally nonfriable ACM is in poor condition, then the
material must be tested for friability. If the ACM is friable, it must be
handled in accordance with the NESHAP. The above four nonfriable ACM should
be removed before demolition only if they are in poor condition and are
friable.
- If the nonfriable ACM is subjected to sanding, grinding, or abrading
as part of demolition or renovation, then the nonfriable ACM must be handled
in accordance with the NESHAP. If a building is demolished by burning, all
ACM must be removed prior to the demolition.
We believe that this approach is consistent with the original rule and the
1985 interpretation.
PLANNED FUTURE ACTION
After passage of Title III of the new Clean Air Act amendments we intend
to review the asbestos NESHAP. This will allow us to further consider
appropriate changes to this NESHAP.
ADDRESSEES:
Kent Anderson, OSW (WH-565E) Kathy Kaufman, OPAR (ANR-443)
Mike Beard, ORD (MD-77) Bob Kellam, ESD (MD-13)
Jim Crowder, ESD (MD-13) Dennis Kotchmar, ECAO (MD-52)
Fred Dimmick, ESD (MD-13) Gary McAlister, ESD (MD-19)
Stan Durkee, ORD (EN-340F) Bruce Moore, ESD (MD-13)
Pat Embry, OGC (LE-132A) Brenda Riddle, ESD (MD-13)
Robert Fegley, OPPE (PM-221) Sims Roy, ESD (MD-13)
Charlie Garlow, OECM (LE-134A) Ron Shafer, SSCD (EN-341)
Charles Gregg, OW (WH-556) Al Vervaert, ESD (MD-13)
Bob Jordan OTS (TS-788A) Dave Wagner, OTS (TS-794)
Asbestos NESHAP Coordinator, Regions Roger Wilmoth, AEERL, Cincinnati
I - X Gil Wood, EMB (MD-14)
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