40 CFR Part 763

40 CFR Part 763
Environmental Protection Agency
§ 763.80
contaminated surface used in the validation study. Record and keep the results of the validation study as an appendix to the SOP. Include in this appendix, the solvent used to make the
spiking solution, the PCB concentration of the spiking solution used to
contaminate the surfaces in the validation study, and all of the validation
study testing parameters and experimental conditions.
PART 763—ASBESTOS
Subparts A–D [Reserved]
Subpart E—Asbestos-Containing Materials
in Schools
Sec.
763.80 Scope and purpose.
763.83 Definitions.
763.84 General local education agency responsibilities.
763.85 Inspection and reinspections.
763.86 Sampling.
763.87 Analysis.
763.88 Assessment.
763.90 Response actions.
763.91 Operations and maintenance.
763.92 Training and periodic surveillance.
763.93 Management plans.
763.94 Recordkeeping.
763.95 Warning labels.
763.97 Compliance and enforcement.
763.98 Waiver; delegation to State.
763.99 Exclusions.
APPENDIX A TO SUBPART E—INTERIM TRANSMISSION ELECTRON MICROSCOPY ANALYTICAL METHODS—MANDATORY AND NONMANDATORY—AND MANDATORY SECTION TO
DETERMINE COMPLETION OF RESPONSE
ACTIONS
APPENDIX B TO SUBPART E [RESERVED]
APPENDIX C TO SUBPART E—ASBESTOS MODEL
ACCREDITATION PLAN
APPENDIX D TO SUBPART E—TRANSPORT AND
DISPOSAL OF ASBESTOS WASTE
APPENDIX E TO SUBPART E—INTERIM METHOD
OF THE DETERMINATION OF ASBESTOS IN
BULK INSULATION SAMPLES
Subpart F [Reserved]
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Subpart G—Asbestos Worker Protection
763.120 What is the purpose of this subpart?
763.121 Does this subpart apply to me?
763.122 What does this subpart require me to
do?
763.123 May a State implement its own asbestos worker protection plan?
Subpart H [Reserved]
Subpart I—Prohibition of the Manufacture,
Importation, Processing, and Distribution in Commerce of Certain AsbestosContaining Products; Labeling Requirements
763.160 Scope.
763.163 Definitions.
763.165 Manufacture and importation prohibitions.
763.167 Processing prohibitions.
763.169 Distribution in commerce prohibitions.
763.171 Labeling requirements.
763.173 Exemptions.
763.175 Enforcement.
763.176 Inspections.
763.178 Recordkeeping.
763.179 Confidential business information
claims.
AUTHORITY: 15 U.S.C. 2605, 2607(c), 2643, and
2646.
Subparts A–D [Reserved]
Subpart E—Asbestos-Containing
Materials in Schools
SOURCE: 52 FR 41846, Oct. 30, 1987, unless
otherwise noted.
§ 763.80 Scope and purpose.
(a) This rule requires local education
agencies to identify friable and nonfriable
asbestos-containing
material
(ACM) in public and private elementary and secondary schools by visually
inspecting school buildings for such
materials, sampling such materials if
they are not assumed to be ACM, and
having samples analyzed by appropriate techniques referred to in this
rule. The rule requires local education
agencies to submit management plans
to the Governor of their State by October 12, 1988, begin to implement the
plans by July 9, 1989, and complete implementation of the plans in a timely
fashion. In addition, local education
agencies are required to use persons
who have been accredited to conduct
inspections,
reinspections,
develop
management plans, or perform response actions. The rule also includes
recordkeeping
requirements.
Local
education agencies may contractually
delegate their duties under this rule,
but they remain responsible for the
proper performance of those duties.
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Local education agencies are encouraged to consult with EPA Regional Asbestos Coordinators, or if applicable, a
State’s lead agency designated by the
State Governor, for assistance in complying with this rule.
(b) Local education agencies must
provide for the transportation and disposal of asbestos in accordance with
EPA’s ‘‘Asbestos Waste Management
Guidance.’’ For convenience, applicable
sections of this guidance are reprinted
as Appendix D of this subpart. There
are regulations in place, however, that
affect transportation and disposal of
asbestos waste generated by this rule.
The transportation of asbestos waste is
covered by the Department of Transportation (49 CFR part 173, subpart J)
and disposal is covered by the National
Emissions Standards for Hazardous Air
Pollutants (NESHAP) (40 CFR part 61,
subpart M).
§ 763.83 Definitions.
For purposes of this subpart:
Act means the Toxic Substances Control Act (TSCA), 15 U.S.C. 2601, et seq.
Accessible when referring to ACM
means that the material is subject to
disturbance by school building occupants or custodial or maintenance personnel in the course of their normal activities.
Accredited or accreditation when referring to a person or laboratory means
that such person or laboratory is accredited in accordance with section 206
of Title II of the Act.
Air erosion means the passage of air
over friable ACBM which may result in
the release of asbestos fibers.
Asbestos means the asbestiform varieties of: Chrysotile (serpentine); crocidolite (riebeckite); amosite (cummingtonitegrunerite);
anthophyllite;
tremolite; and actinolite.
Asbestos-containing material (ACM)
when referring to school buildings
means any material or product which
contains more than 1 percent asbestos.
Asbestos-containing building material
(ACBM) means surfacing ACM, thermal
system insulation ACM, or miscellaneous ACM that is found in or on interior structural members or other parts
of a school building.
Asbestos debris means pieces of ACBM
that can be identified by color, texture,
or composition, or means dust, if the
dust is determined by an accredited inspector to be ACM.
Damaged friable miscellaneous ACM
means friable miscellaneous ACM
which has deteriorated or sustained
physical injury such that the internal
structure (cohesion) of the material is
inadequate or, if applicable, which has
delaminated such that its bond to the
substrate (adhesion) is inadequate or
which for any other reason lacks fiber
cohesion or adhesion qualities. Such
damage or deterioration may be illustrated by the separation of ACM into
layers; separation of ACM from the
substrate; flaking, blistering, or crumbling of the ACM surface; water damage; significant or repeated water
stains, scrapes, gouges, mars or other
signs of physical injury on the ACM.
Asbestos debris originating from the
ACBM in question may also indicate
damage.
Damaged friable surfacing ACM means
friable surfacing ACM which has deteriorated or sustained physical injury
such that the internal structure (cohesion) of the material is inadequate or
which has delaminated such that its
bond to the substrate (adhesion) is inadequate, or which, for any other reason, lacks fiber cohesion or adhesion
qualities. Such damage or deterioration may be illustrated by the separation of ACM into layers; separation of
ACM from the substrate; flaking, blistering, or crumbling of the ACM surface; water damage; significant or repeated water stains, scrapes, gouges,
mars or other signs of physical injury
on the ACM. Asbestos debris originating from the ACBM in question may
also indicate damage.
Damaged or significantly damaged thermal system insulation ACM means thermal system insulation ACM on pipes,
boilers, tanks, ducts, and other thermal system insulation equipment
where the insulation has lost its structural integrity, or its covering, in
whole or in part, is crushed, waterstained, gouged, punctured, missing, or
not intact such that it is not able to
contain fibers. Damage may be further
illustrated by occasional punctures,
gouges or other signs of physical injury
to ACM; occasional water damage on
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Environmental Protection Agency
§ 763.83
the protective coverings/jackets; or exposed ACM ends or joints. Asbestos debris originating from the ACBM in
question may also indicate damage.
Encapsulation means the treatment of
ACBM with a material that surrounds
or embeds asbestos fibers in an adhesive matrix to prevent the release of fibers, as the encapsulant creates a
membrane over the surface (bridging
encapsulant) or penetrates the material and binds its components together
(penetrating encapsulant).
Enclosure means an airtight, impermeable, permanent barrier around
ACBM to prevent the release of asbestos fibers into the air.
Fiber release episode means any uncontrolled or unintentional disturbance of ACBM resulting in visible emission.
Friable when referring to material in
a school building means that the material, when dry, may be crumbled, pulverized, or reduced to powder by hand
pressure, and includes previously nonfriable material after such previously
nonfriable material becomes damaged
to the extent that when dry it may be
crumbled, pulverized, or reduced to
powder by hand pressure.
Functional space means a room, group
of rooms, or homogeneous area (including crawl spaces or the space between a
dropped ceiling and the floor or roof
deck above), such as classroom(s), a
cafeteria, gymnasium, hallway(s), designated by a person accredited to prepare management plans, design abatement projects, or conduct response actions.
High-efficiency particulate air (HEPA)
refers to a filtering system capable of
trapping and retaining at least 99.97
percent of all monodispersed particles
0.3 µm in diameter or larger.
Homogeneous area means an area of
surfacing material, thermal system insulation material, or miscellaneous
material that is uniform in color and
texture.
Local education agency means:
(1) Any local educational agency as
defined in section 198 of the Elementary and Secondary Education Act of
1965 (20 U.S.C. 3381).
(2) The owner of any nonpublic, nonprofit elementary, or secondary school
building.
(3) The governing authority of any
school operated under the defense dependent’s education system provided
for under the Defense Dependents’ Education Act of 1978 (20 U.S.C. 921, et
seq.).
Miscellaneous ACM means miscellaneous material that is ACM in a school
building.
Miscellaneous material means interior
building material on structural components, structural members or fixtures,
such as floor and ceiling tiles, and does
not include surfacing material or thermal system insulation.
Nonfriable means material in a school
building which when dry may not be
crumbled, pulverized, or reduced to
powder by hand pressure.
Operations and maintenance program
means a program of work practices to
maintain friable ACBM in good condition, ensure clean up of asbestos fibers
previously released, and prevent further release by minimizing and controlling friable ACBM disturbance or
damage.
Potential
damage
means
circumstances in which:
(1) Friable ACBM is in an area regularly used by building occupants, including maintenance personnel, in the
course of their normal activities.
(2) There are indications that there is
a reasonable likelihood that the material or its covering will become damaged, deteriorated, or delaminated due
to factors such as changes in building
use, changes in operations and maintenance practices, changes in occupancy,
or recurrent damage.
Potential significant damage means
circumstances in which:
(1) Friable ACBM is in an area regularly used by building occupants, including maintenance personnel, in the
course of their normal activities.
(2) There are indications that there is
a reasonable likelihood that the material or its covering will become significantly
damaged,
deteriorated,
or
delaminated due to factors such as
changes in building use, changes in operations and maintenance practices,
changes in occupancy, or recurrent
damage.
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(3) The material is subject to major
or continuing disturbance, due to factors including, but not limited to, accessibility or, under certain circumstances, vibration or air erosion.
Preventive measures means actions
taken to reduce disturbance of ACBM
or otherwise eliminate the reasonable
likelihood of the material’s becoming
damaged or significantly damaged.
Removal means the taking out or the
stripping of substantially all ACBM
from a damaged area, a functional
space, or a homogeneous area in a
school building.
Repair means returning damaged
ACBM to an undamaged condition or to
an intact state so as to prevent fiber
release.
Response action means a method, including removal, encapsulation, enclosure, repair, operations and maintenance, that protects human health and
the environment from friable ACBM.
Routine maintenance area means an
area, such as a boiler room or mechanical room, that is not normally frequented by students and in which
maintenance employees or contract
workers regularly conduct maintenance activities.
School means any elementary or secondary school as defined in section 198
of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 2854).
School building means:
(1) Any structure suitable for use as a
classroom, including a school facility
such as a laboratory, library, school
eating facility, or facility used for the
preparation of food.
(2) Any gymnasium or other facility
which is specially designed for athletic
or recreational activities for an academic course in physical education.
(3) Any other facility used for the instruction or housing of students or for
the administration of educational or
research programs.
(4) Any maintenance, storage, or utility facility, including any hallway, essential to the operation of any facility
described in this definition of ‘‘school
building’’ under paragraphs (1), (2), or
(3).
(5) Any portico or covered exterior
hallway or walkway.
(6) Any exterior portion of a mechanical system used to condition interior
space.
Significantly damaged friable miscellaneous ACM means damaged friable miscellaneous ACM where the damage is
extensive and severe.
Significantly damaged friable surfacing
ACM means damaged friable surfacing
ACM in a functional space where the
damage is extensive and severe.
State means a State, the District of
Columbia, the Commonwealth of Puerto Rico, Guam, American Samoa, the
Northern Marianas, the Trust Territory of the Pacific Islands, and the Virgin Islands.
Surfacing ACM means surfacing material that is ACM.
Surfacing material means material in
a school building that is sprayed-on,
troweled-on, or otherwise applied to
surfaces, such as acoustical plaster on
ceilings and fireproofing materials on
structural members, or other materials
on surfaces for acoustical, fireproofing,
or other purposes.
Thermal system insulation means material in a school building applied to
pipes, fittings, boilers, breeching,
tanks, ducts, or other interior structural components to prevent heat loss
or gain, or water condensation, or for
other purposes.
Thermal system insulation ACM means
thermal system insulation that is
ACM.
Vibration means the periodic motion
of friable ACBM which may result in
the release of asbestos fibers.
§ 763.84 General local education agency responsibilities.
Each local education agency shall:
(a) Ensure that the activities of any
persons who perform inspections, reinspections, and periodic surveillance,
develop and update management plans,
and develop and implement response
actions, including operations and
maintenance, are carried out in accordance with subpart E of this part.
(b) Ensure that all custodial and
maintenance employees are properly
trained as required by this subpart E
and other applicable Federal and/or
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State regulations (e.g., the Occupational Safety and Health Administration asbestos standard for construction, the EPA worker protection rule,
or applicable State regulations).
(c) Ensure that workers and building
occupants, or their legal guardians, are
informed at least once each school year
about inspections, response actions,
and post-response action activities, including periodic reinspection and surveillance activities that are planned or
in progress.
(d) Ensure that short-term workers
(e.g., telephone repair workers, utility
workers, or exterminators) who may
come in contact with asbestos in a
school are provided information regarding the locations of ACBM and suspected ACBM assumed to be ACM.
(e) Ensure that warning labels are
posted in accordance with § 763.95.
(f) Ensure that management plans
are available for inspection and notification of such availability has been
provided as specified in the management plan under § 763.93(g).
(g)(1) Designate a person to ensure
that requirements under this section
are properly implemented.
(2) Ensure that the designated person
receives adequate training to perform
duties assigned under this section.
Such training shall provide, as necessary, basic knowledge of:
(i) Health effects of asbestos.
(ii) Detection, identification, and assessment of ACM.
(iii) Options for controlling ACBM.
(iv) Asbestos management programs.
(v) Relevant Federal and State regulations concerning asbestos, including
those in this subpart E and those of the
Occupational Safety and Health Administration, U.S. Department of
Labor, the U.S. Department of Transportation and the U.S. Environmental
Protection Agency.
(h) Consider whether any conflict of
interest may arise from the interrelationship among accredited personnel and whether that should influence the selection of accredited personnel to perform activities under this
subpart.
§ 763.85 Inspection and reinspections.
(a) Inspection. (1) Except as provided
in paragraph (a)(2) of this section, be-
fore October 12, 1988, local education
agencies shall inspect each school
building that they lease, own, or otherwise use as a school building to identify all locations of friable and nonfriable ACBM.
(2) Any building leased or acquired on
or after October 12, 1988, that is to be
used as a school building shall be inspected as described under paragraphs
(a) (3) and (4) of this section prior to
use as a school building. In the event
that emergency use of an uninspected
building as a school building is necessitated, such buildings shall be inspected within 30 days after commencement of such use.
(3) Each inspection shall be made by
an accredited inspector.
(4) For each area of a school building,
except as excluded under § 763.99, each
person performing an inspection shall:
(i) Visually inspect the area to identify the locations of all suspected
ACBM.
(ii) Touch all suspected ACBM to determine whether they are friable.
(iii) Identify all homogeneous areas
of friable suspected ACBM and all homogeneous areas of nonfriable suspected ACBM.
(iv) Assume that some or all of the
homogeneous areas are ACM, and, for
each homogeneous area that is not assumed to be ACM, collect and submit
for analysis bulk samples under
§§ 763.86 and 763.87.
(v) Assess, under § 763.88, friable material in areas where samples are collected, friable material in areas that
are assumed to be ACBM, and friable
ACBM identified during a previous inspection.
(vi) Record the following and submit
to the person designated under § 763.84
a copy of such record for inclusion in
the management plan within 30 days of
the inspection:
(A) An inspection report with the
date of the inspection signed by each
accredited person making the inspection, State of accreditation, and if applicable, his or her accreditation number.
(B) An inventory of the locations of
the homogeneous areas where samples
are collected, exact location where
each bulk sample is collected, dates
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that samples are collected, homogeneous areas where friable suspected
ACBM is assumed to be ACM, and homogeneous areas where nonfriable suspected ACBM is assumed to be ACM.
(C) A description of the manner used
to determine sampling locations, the
name and signature of each accredited
inspector who collected the samples,
State of accreditation, and, if applicable, his or her accreditation number.
(D) A list of whether the homogeneous areas identified under paragraph (a)(4)(vi)(B) of this section, are
surfacing material, thermal system insulation, or miscellaneous material.
(E) Assessments made of friable material, the name and signature of each
accredited inspector making the assessment, State of accreditation, and if
applicable, his or her accreditation
number.
(b) Reinspection. (1) At least once
every 3 years after a management plan
is in effect, each local education agency shall conduct a reinspection of all
friable and nonfriable known or assumed ACBM in each school building
that they lease, own, or otherwise use
as a school building.
(2) Each inspection shall be made by
an accredited inspector.
(3) For each area of a school building,
each person performing a reinspection
shall:
(i) Visually reinspect, and reassess,
under § 763.88, the condition of all friable known or assumed ACBM.
(ii) Visually inspect material that
was previously considered nonfriable
ACBM and touch the material to determine whether it has become friable
since the last inspection or reinspection.
(iii) Identify any homogeneous areas
with material that has become friable
since the last inspection or reinspection.
(iv) For each homogeneous area of
newly friable material that is already
assumed to be ACBM, bulk samples
may be collected and submitted for
analysis in accordance with §§ 763.86
and 763.87.
(v) Assess, under § 763.88, the condition of the newly friable material in
areas where samples are collected, and
newly friable materials in areas that
are assumed to be ACBM.
(vi) Reassess, under § 763.88, the condition of friable known or assumed
ACBM previously identified.
(vii) Record the following and submit
to the person designated under § 763.84
a copy of such record for inclusion in
the management plan within 30 days of
the reinspection:
(A) The date of the reinspection, the
name and signature of the person making the reinspection, State of accreditation, and if applicable, his or her accreditation number, and any changes
in the condition of known or assumed
ACBM.
(B) The exact locations where samples are collected during the reinspection, a description of the manner used
to determine sampling locations, the
name and signature of each accredited
inspector who collected the samples,
State of accreditation, and, if applicable, his or her accreditation number.
(C) Any assessments or reassessments made of friable material, the
name and signature of the accredited
inspector making the assessments,
State of accreditation, and if applicable, his or her accreditation number.
(c) General. Thermal system insulation that has retained its structural integrity and that has an undamaged
protective jacket or wrap that prevents
fiber release shall be treated as nonfriable and therefore is subject only to
periodic surveillance and preventive
measures as necessary.
§ 763.86
Sampling.
(a) Surfacing material. An accredited
inspector shall collect, in a statistically random manner that is representative of the homogeneous area,
bulk samples from each homogeneous
area of friable surfacing material that
is not assumed to be ACM, and shall
collect the samples as follows:
(1) At least three bulk samples shall
be collected from each homogeneous
area that is 1,000 ft2 or less, except as
provided in § 763.87(c)(2).
(2) At least five bulk samples shall be
collected from each homogeneous area
that is greater than 1,000 ft2 but less
than or equal to 5,000 ft2, except as provided in § 763.87(c)(2).
(3) At least seven bulk samples shall
be collected from each homogeneous
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area that is greater than 5,000 ft2, except as provided in § 763.87(c)(2).
(b) Thermal system insulation. (1) Except as provided in paragraphs (b) (2)
through (4) of this section and
§ 763.87(c), an accredited inspector shall
collect, in a randomly distributed manner, at least three bulk samples from
each homogeneous area of thermal system insulation that is not assumed to
be ACM.
(2) Collect at least one bulk sample
from each homogeneous area of
patched thermal system insulation
that is not assumed to be ACM if the
patched section is less than 6 linear or
square feet.
(3) In a manner sufficient to determine whether the material is ACM or
not ACM, collect bulk samples from
each insulated mechanical system that
is not assumed to be ACM where cement or plaster is used on fittings such
as tees, elbows, or valves, except as
provided under § 763.87(c)(2).
(4) Bulk samples are not required to
be collected from any homogeneous
area where the accredited inspector has
determined that the thermal system
insulation is fiberglass, foam glass,
rubber, or other non-ACBM.
(c) Miscellaneous material. In a manner sufficient to determine whether
material is ACM or not ACM, an accredited inspector shall collect bulk
samples from each homogeneous area
of friable miscellaneous material that
is not assumed to be ACM.
(d) Nonfriable suspected ACBM. If any
homogeneous area of nonfriable suspected ACBM is not assumed to be
ACM, then an accredited inspector
shall collect, in a manner sufficient to
determine whether the material is
ACM or not ACM, bulk samples from
the homogeneous area of nonfriable
suspected ACBM that is not assumed to
be ACM.
§ 763.87 Analysis.
(a) Local education agencies shall
have bulk samples, collected under
§ 763.86 and submitted for analysis, analyzed for asbestos using laboratories
accredited by the National Bureau of
Standards (NBS). Local education
agencies shall use laboratories which
have received interim accreditation for
polarized light microscopy (PLM) anal-
ysis under the EPA Interim Asbestos
Bulk Sample Analysis Quality Assurance Program until the NBS PLM laboratory accreditation program for PLM
is operational.
(b) Bulk samples shall not be composited for analysis and shall be analyzed
for asbestos content by PLM, using the
‘‘Interim Method for the Determination of Asbestos in Bulk Insulation
Samples’’ found at appendix E to subpart E of this part.
(c)(1) A homogeneous area is considered not to contain ACM only if the results of all samples required to be collected from the area show asbestos in
amounts of 1 percent or less.
(2) A homogeneous area shall be determined to contain ACM based on a
finding that the results of at least one
sample collected from that area shows
that asbestos is present in an amount
greater than 1 percent.
(d) The name and address of each laboratory performing an analysis, the
date of analysis, and the name and signature of the person performing the
analysis shall be submitted to the person designated under § 763.84 for inclusion into the management plan within
30 days of the analysis.
[52 FR 41846, Oct. 30, 1987, as amended at 60
FR 31922, June 19, 1995]
§ 763.88
Assessment.
(a)(1) For each inspection and reinspection conducted under § 763.85 (a)
and (c) and previous inspections specified under § 763.99, the local education
agency shall have an accredited inspector provide a written assessment of all
friable known or assumed ACBM in the
school building.
(2) Each accredited inspector providing a written assessment shall sign
and date the assessment, provide his or
her State of accreditation, and if applicable, accreditation number, and submit a copy of the assessment to the
person designated under § 763.84 for inclusion in the management plan within
30 days of the assessment.
(b) The inspector shall classify and
give reasons in the written assessment
for classifying the ACBM and suspected
ACBM assumed to be ACM in the
school building into one of the following categories:
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(1) Damaged or significantly damaged thermal system insulation ACM.
(2) Damaged friable surfacing ACM.
(3) Significantly damaged friable surfacing ACM.
(4) Damaged or significantly damaged friable miscellaneous ACM.
(5) ACBM with potential for damage.
(6) ACBM with potential for significant damage.
(7) Any remaining friable ACBM or
friable suspected ACBM.
(c) Assessment may include the following considerations:
(1) Location and the amount of the
material, both in total quantity and as
a percentage of the functional space.
(2) Condition of the material, specifying:
(i) Type of damage or significant
damage (e.g., flaking, blistering, water
damage, or other signs of physical
damage).
(ii) Severity of damage (e.g., major
flaking, severely torn jackets, as opposed to occasional flaking, minor
tears to jackets).
(iii) Extent or spread of damage over
large areas or large percentages of the
homogeneous area.
(3) Whether the material is accessible.
(4) The material’s potential for disturbance.
(5) Known or suspected causes of
damage or significant damage (e.g., air
erosion, vandalism, vibration, water).
(6) Preventive measures which might
eliminate the reasonable likelihood of
undamaged ACM from becoming significantly damaged.
(d) The local education agency shall
select a person accredited to develop
management plans to review the results of each inspection, reinspection,
and assessment for the school building
and to conduct any other necessary activities in order to recommend in writing to the local education agency appropriate response actions. The accredited person shall sign and date the recommendation, provide his or her State
of accreditation, and, if applicable, provide his or her accreditation number,
and submit a copy of the recommendation to the person designated under
§ 763.84 for inclusion in the management plan.
§ 763.90
Response actions.
(a) The local education agency shall
select and implement in a timely manner the appropriate response actions in
this section consistent with the assessment conducted in § 763.88. The response actions selected shall be sufficient to protect human health and the
environment. The local education
agency may then select, from the response actions which protect human
health and the environment, that action which is the least burdensome
method. Nothing in this section shall
be construed to prohibit removal of
ACBM from a school building at any
time, should removal be the preferred
response action of the local education
agency.
(b) If damaged or significantly damaged thermal system insulation ACM is
present in a building, the local education agency shall:
(1) At least repair the damaged area.
(2) Remove the damaged material if
it is not feasible, due to technological
factors, to repair the damage.
(3) Maintain all thermal system insulation ACM and its covering in an intact state and undamaged condition.
(c)(1) If damaged friable surfacing
ACM or damaged friable miscellaneous
ACM is present in a building, the local
education agency shall select from
among the following response actions:
encapsulation, enclosure, removal, or
repair of the damaged material.
(2) In selecting the response action
from among those which meet the definitional standards in § 763.83, the local
education agency shall determine
which of these response actions protects human health and the environment. For purposes of determining
which of these response actions are the
least burdensome, the local education
agency may then consider local circumstances, including occupancy and
use patterns within the school building, and its economic concerns, including short- and long-term costs.
(d) If significantly damaged friable
surfacing ACM or significantly damaged friable miscellaneous ACM is
present in a building the local education agency shall:
(1) Immediately isolate the functional space and restrict access, unless
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isolation is not necessary to protect
human health and the environment.
(2) Remove the material in the functional space or, depending upon whether enclosure or encapsulation would be
sufficient to protect human health and
the environment, enclose or encapsulate.
(e) If any friable surfacing ACM,
thermal system insulation ACM, or friable miscellaneous ACM that has potential for damage is present in a
building, the local education agency
shall at least implement an operations
and maintenance (O&M) program, as
described under § 763.91.
(f) If any friable surfacing ACM, thermal system insulation ACM, or friable
miscellaneous ACM that has potential
for significant damage is present in a
building, the local education agency
shall:
(1) Implement an O&M program, as
described under § 763.91.
(2) Institute preventive measures appropriate to eliminate the reasonable
likelihood that the ACM or its covering
will become significantly damaged, deteriorated, or delaminated.
(3) Remove the material as soon as
possible if appropriate preventive
measures cannot be effectively implemented, or unless other response actions are determined to protect human
health and the environment. Immediately isolate the area and restrict access if necessary to avoid an imminent
and substantial endangerment to
human health or the environment.
(g) Response actions including removal, encapsulation, enclosure, or repair, other than small-scale, short-duration repairs, shall be designed and
conducted by persons accredited to design and conduct response actions.
(h) The requirements of this subpart
E in no way supersede the worker protection and work practice requirements under 29 CFR 1926.58 (Occupational Safety and Health Administration (OSHA) asbestos worker protection standards for construction), 40
CFR part 763, subpart G (EPA asbestos
worker protection standards for public
employees), and 40 CFR part 61, subpart M (National Emission Standards
for Hazardous Air Pollutants—Asbestos).
(i) Completion of response actions. (1)
At the conclusion of any action to remove, encapsulate, or enclose ACBM or
material assumed to be ACBM, a person designated by the local education
agency shall visually inspect each
functional space where such action was
conducted to determine whether the
action has been properly completed.
(2)(i) A person designated by the local
education agency shall collect air samples using aggressive sampling as described in appendix A to this subpart E
to monitor air for clearance after each
removal, encapsulation, and enclosure
project involving ACBM, except for
projects that are of small-scale, shortduration.
(ii) Local education agencies shall
have air samples collected under this
section analyzed for asbestos using laboratories accredited by the National
Bureau of Standards to conduct such
analysis using transmission electron
microscopy (TEM) or, under circumstances permitted in this section,
laboratories enrolled in the American
Industrial Hygiene Association Proficiency Analytical Testing Program
for phase contrast microscopy (PCM).
(iii) Until the National Bureau of
Standards TEM laboratory accreditation program is operational, local educational agencies shall use laboratories
that use the protocol described in appendix A to subpart E of this part.
(3) Except as provided in paragraphs
(i)(4), and (i)(5), of this section, an action to remove, encapsulate, or enclose
ACBM shall be considered complete
when the average concentration of asbestos of five air samples collected
within the affected functional space
and analyzed by the TEM method in
appendix A of this subpart E, is not
statistically significantly different, as
determined by the Z-test calculation
found in appendix A of this subpart E,
from the average asbestos concentration of five air samples collected at the
same time outside the affected functional space and analyzed in the same
manner, and the average asbestos concentration of the three field blanks described in appendix A of this subpart E
is below the filter background level, as
defined in appendix A of this subpart E,
of 70 structures per square millimeter
(70 s/mm2).
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(4) An action may also be considered
complete if the volume of air drawn for
each of the five samples collected within the affected functional space is
equal to or greater than 1,199 L of air
for a 25 mm filter or equal to or greater
than 2,799 L of air for a 37 mm filter,
and the average concentration of asbestos as analyzed by the TEM method in
appendix A of this subpart E, for the
five air samples does not exceed the filter background level, as defined in appendix A, of 70 structures per square
millimeter (70 s/mm2). If the average
concentration of asbestos of the five
air samples within the affected functional space exceeds 70 s/mm2, or if the
volume of air in each of the samples is
less than 1,199 L of air for a 25 mm filter or less than 2,799 L of air for a 37
mm filter, the action shall be considered complete only when the requirements of paragraph (i)(3) or (i)(5), of
this section are met.
(5) At any time, a local education
agency may analyze air monitoring
samples collected for clearance purposes by phase contrast microscopy
(PCM) to confirm completion of removal, encapsulation, or enclosure of
ACBM that is greater than small-scale,
short-duration and less than or equal
to 160 square feet or 260 linear feet. The
action shall be considered complete
when the results of samples collected
in the affected functional space and
analyzed by phase contrast microscopy
using the National Institute for Occupational Safety and Health (NIOSH)
Method 7400 entitled ‘‘Fibers’’ published in the NIOSH Manual of Analytical Methods, 3rd Edition, Second Supplement, August 1987, show that the
concentration of fibers for each of the
five samples is less than or equal to a
limit of quantitation for PCM (0.01 fibers per cubic centimeter (0.01 f/cm3) of
air). The method is available for public
inspection at the Non-Confidential Information Center (NCIC) (7407), Office
of Pollution Prevention and Toxics,
U.S. Environmental Protection Agency, Room B–607 NEM, 401 M St., SW.,
Washington, DC 20460, between the
hours of 12 p.m. and 4 p.m. weekdays
excluding legal holidays or at the National Archives and Records Administration (NARA). For information on
the availability of this material at
NARA, call 202–741–6030, or go to: http://
www.archives.gov/federallregister/
codeloflfederallregulations/
ibrllocations.html. This incorporation
by reference was approved by the Director of the Federal Register in accordance with 5 U.S.C. 552(a) and 1 CFR
part 51. The method is incorporated as
it exists on the effective date of this
rule, and a notice of any change to the
method will be published in the FEDERAL REGISTER.
(6) To determine the amount of
ACBM affected under paragraph (i)(5)
of this section, the local education
agency shall add the total square or
linear footage of ACBM within the containment barriers used to isolate the
functional space for the action to remove, encapsulate, or enclose the
ACBM. Contiguous portions of material
subject to such action conducted concurrently or at approximately the
same time within the same school
building shall not be separated to qualify under paragraph (i)(5), of this section.
[52 FR 41846, Oct. 30, 1987, as amended at 53
FR 12525, Apr. 15, 1988; 60 FR 31922, June 19,
1995; 60 FR 34465, July 3, 1995; 69 FR 18803,
Apr. 9, 2004]
§ 763.91
Operations and maintenance.
(a) Applicability. The local education
agency shall implement an operations,
maintenance, and repair (O&M) program under this section whenever any
friable ACBM is present or assumed to
be present in a building that it leases,
owns, or otherwise uses as a school
building. Any material identified as
nonfriable ACBM or nonfriable assumed ACBM must be treated as friable
ACBM for purposes of this section
when the material is about to become
friable as a result of activities performed in the school building.
(b) Worker protection. Local education
agencies must comply with either the
OSHA Asbestos Construction Standard
at 29 CFR 1926.1101, or the Asbestos
Worker Protection Rule at 40 CFR
763.120, whichever is applicable.
(c) Cleaning—(1) Initial cleaning. Unless the building has been cleaned
using equivalent methods within the
previous 6 months, all areas of a school
building where friable ACBM, damaged
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or significantly damaged thermal system insulation ACM, or friable suspected ACBM assumed to be ACM are
present shall be cleaned at least once
after the completion of the inspection
required by § 763.85(a) and before the
initiation of any response action, other
than O&M activities or repair, according to the following procedures:
(i) HEPA-vacuum or steam-clean all
carpets.
(ii) HEPA-vacuum or wet-clean all
other floors and all other horizontal
surfaces.
(iii) Dispose of all debris, filters,
mopheads, and cloths in sealed, leaktight containers.
(2) Additional cleaning. The accredited
management planner shall make a
written recommendation to the local
education agency whether additional
cleaning is needed, and if so, the methods and frequency of such cleaning.
(d) Operations and maintenance activities. The local education agency shall
ensure that the procedures described
below to protect building occupants
shall be followed for any operations
and maintenance activities disturbing
friable ACBM:
(1) Restrict entry into the area by
persons other than those necessary to
perform the maintenance project, either by physically isolating the area or
by scheduling.
(2) Post signs to prevent entry by unauthorized persons.
(3) Shut off or temporarily modify
the air-handling system and restrict
other sources of air movement.
(4) Use work practices or other controls, such as, wet methods, protective
clothing, HEPA-vacuums, mini-enclosures, glove bags, as necessary to inhibit the spread of any released fibers.
(5) Clean all fixtures or other components in the immediate work area.
(6) Place the asbestos debris and
other cleaning materials in a sealed,
leak-tight container.
(e) Maintenance activities other than
small-scale, short-duration. The response
action for any maintenance activities
disturbing friable ACBM, other than
small-scale, short-duration maintenance activities, shall be designed by
persons accredited to design response
actions and conducted by persons accredited to conduct response actions.
(f) Fiber release episodes—(1) Minor
fiber release episode. The local education
agency shall ensure that the procedures described below are followed in
the event of a minor fiber release episode (i.e., the falling or dislodging of 3
square or linear feet or less of friable
ACBM): 5
(i) Thoroughly saturate the debris
using wet methods.
(ii) Clean the area, as described in
paragraph (e) of this section.
(iii) Place the asbestos debris in a
sealed, leak-tight container.
(iv) Repair the area of damaged ACM
with materials such as asbestos-free
spackling, plaster, cement, or insulation, or seal with latex paint or an
encapsulant, or immediately have the
appropriate response action implemented as required by § 763.90.
(2) Major fiber release episode. The
local education agency shall ensure
that the procedures described below are
followed in the event of a major fiber
release episode (i.e., the falling or dislodging of more than 3 square or linear
feet of friable ACBM):
(i) Restrict entry into the area and
post signs to prevent entry into the
area by persons other than those necessary to perform the response action.
(ii) Shut off or temporarily modify
the air-handling system to prevent the
distribution of fibers to other areas in
the building.
(iii) The response action for any
major fiber release episode must be designed by persons accredited to design
response actions and conducted by persons accredited to conduct response actions.
[52 FR 41846, Oct. 30, 1987, as amended at 65
FR 69216, Nov. 15, 2000]
§ 763.92 Training and periodic surveillance.
(a) Training. (1) The local education
agency shall ensure, prior to the implementation of the O&M provisions of
the management plan, that all members of its maintenance and custodial
staff (custodians, electricians, heating/
air conditioning engineers, plumbers,
etc.) who may work in a building that
contains ACBM receive awareness
training of at least 2 hours, whether or
not they are required to work with
ACBM. New custodial and maintenance
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employees shall be trained within 60
days after commencement of employment. Training shall include, but not
be limited to:
(i) Information regarding asbestos
and its various uses and forms.
(ii) Information on the health effects
associated with asbestos exposure.
(iii) Locations of ACBM identified
throughout each school building in
which they work.
(iv) Recognition of damage, deterioration, and delamination of ACBM.
(v) Name and telephone number of
the person designated to carry out general local education agency responsibilities under § 763.84 and the availability and location of the management plan.
(2) The local education agency shall
ensure that all members of its maintenance and custodial staff who conduct
any activities that will result in the
disturbance of ACBM shall receive
training described in paragraph (a)(1)
of this section and 14 hours of additional training. Additional training
shall include, but not be limited to:
(i) Descriptions of the proper methods of handling ACBM.
(ii) Information on the use of respiratory protection as contained in the
EPA/NIOSH Guide to Respiratory Protection for the Asbestos Abatement Industry,
September 1986 (EPA 560/OPPTS–86–
001), available from the Director, Environmental Assistance Division (7408),
Office of Pollution Prevention and
Toxics, U.S. Environmental Protection
Agency, Room E–543B, 1200 Pennsylvania Ave., NW., Washington, DC 20460,
Telephone: (202) 554–1404, TDD: (202)
544–0551 and other personal protection
measures.
(iii) The provisions of this section
and § 763.91, Appendices A, C, and D of
this subpart E of this part, EPA regulations contained in 40 CFR part 763, subpart G, and in 40 CFR part 61, subpart
M, and OSHA regulations contained in
29 CFR 1926.58.
(iv) Hands-on training in the use of
respiratory protection, other personal
protection measures, and good work
practices.
(3) Local education agency maintenance and custodial staff who have attended EPA-approved asbestos training
or received equivalent training for
O&M and periodic surveillance activities involving asbestos shall be considered trained for the purposes of this
section.
(b) Periodic surveillance. (1) At least
once every 6 months after a management plan is in effect, each local education agency shall conduct periodic
surveillance in each building that it
leases, owns, or otherwise uses as a
school building that contains ACBM or
is assumed to contain ACBM.
(2) Each person performing periodic
surveillance shall:
(i) Visually inspect all areas that are
identified in the management plan as
ACBM or assumed ACBM.
(ii) Record the date of the surveillance, his or her name, and any
changes in the condition of the materials.
(iii) Submit to the person designated
to carry out general local education
agency responsibilities under § 763.84 a
copy of such record for inclusion in the
management plan.
[52 FR 41846, Oct. 30, 1987, as amended at 60
FR 34465, July 3, 1995; 65 FR 69216, Nov. 15,
2000]
§ 763.93 Management plans.
(a)(1) On or before October 12, 1988,
each local education agency shall develop an asbestos management plan for
each school, including all buildings
that they lease, own, or otherwise use
as school buildings, and submit the
plan to an Agency designated by the
Governor of the State in which the
local education agency is located. The
plan may be submitted in stages that
cover a portion of the school buildings
under the authority of the local education agency.
(2) If a building to be used as part of
a school is leased or otherwise acquired
after October 12, 1988, the local education agency shall include the new
building in the management plan for
the school prior to its use as a school
building. The revised portions of the
management plan shall be submitted to
the Agency designated by the Governor.
(3) If a local education agency begins
to use a building as a school after October 12, 1988, the local education agency
shall submit a management plan for
the school to the Agency designated by
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the Governor prior to its use as a
school.
(b) On or before October 17, 1987, the
Governor of each State shall notify
local education agencies in the State
regarding where to submit their management plans. States may establish
administrative procedures for reviewing management plans. If the Governor
does not disapprove a management
plan within 90 days after receipt of the
plan, the local education agency shall
implement the plan.
(c) Each local education agency must
begin implementation of its management plan on or before July 9, 1989, and
complete implementation in a timely
fashion.
(d) Each local education agency shall
maintain and update its management
plan to keep it current with ongoing
operations and maintenance, periodic
surveillance, inspection, reinspection,
and response action activities. All provisions required to be included in the
management plan under this section
shall be retained as part of the management plan, as well as any information that has been revised to bring the
plan up-to-date.
(e) The management plan shall be developed by an accredited management
planner and shall include:
(1) A list of the name and address of
each school building and whether the
school building contains friable ACBM,
nonfriable ACBM, and friable and nonfriable suspected ACBM assumed to be
ACM.
(2) For each inspection conducted before the December 14, 1987:
(i) The date of the inspection.
(ii) A blueprint, diagram, or written
description of each school building that
identifies clearly each location and approximate square or linear footage of
any homogeneous or sampling area
where material was sampled for ACM,
and, if possible, the exact locations
where bulk samples were collected, and
the dates of collection.
(iii) A copy of the analyses of any
bulk samples, dates of analyses, and a
copy of any other laboratory reports
pertaining to the analyses.
(iv) A description of any response actions or preventive measures taken to
reduce asbestos exposure, including if
possible, the names and addresses of all
contractors involved, start and completion dates of the work, and results of
any air samples analyzed during and
upon completion of the work.
(v) A description of assessments, required to be made under § 763.88, of material that was identified before December 14, 1987, as friable ACBM or friable suspected ACBM assumed to be
ACM, and the name and signature,
State of accreditation, and if applicable, accreditation number of each accredited person making the assessments.
(3) For each inspection and reinspection conducted under § 763.85:
(i) The date of the inspection or reinspection and the name and signature,
State of accreditation and, if applicable, the accreditation number of each
accredited inspector performing the inspection or reinspection.
(ii) A blueprint, diagram, or written
description of each school building that
identifies clearly each location and approximate square or linear footage of
homogeneous areas where material was
sampled for ACM, the exact location
where each bulk sample was collected,
date of collection, homogeneous areas
where friable suspected ACBM is assumed to be ACM, and where nonfriable
suspected ACBM is assumed to be ACM.
(iii) A description of the manner used
to determine sampling locations, and
the name and signature of each accredited inspector collecting samples, the
State of accreditation, and if applicable, his or her accreditation number.
(iv) A copy of the analyses of any
bulk samples collected and analyzed,
the name and address of any laboratory
that analyzed bulk samples, a statement that the laboratory meets the applicable requirements of § 763.87(a) the
date of analysis, and the name and signature of the person performing the
analysis.
(v) A description of assessments, required to be made under § 763.88, of all
ACBM and suspected ACBM assumed to
be ACM, and the name, signature,
State of accreditation, and if applicable, accreditation number of each accredited person making the assessments.
(4) The name, address, and telephone
number of the person designated under
§ 763.84 to ensure that the duties of the
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local education agency are carried out,
and the course name, and dates and
hours of training taken by that person
to carry out the duties.
(5) The recommendations made to the
local education agency regarding response actions, under § 763.88(d), the
name, signature, State of accreditation
of each person making the recommendations, and if applicable, his or
her accreditation number.
(6) A detailed description of preventive measures and response actions to
be taken, including methods to be used,
for any friable ACBM, the locations
where such measures and action will be
taken, reasons for selecting the response action or preventive measure,
and a schedule for beginning and completing each preventive measure and
response action.
(7) With respect to the person or persons who inspected for ACBM and who
will design or carry out response actions, except for operations and maintenance, with respect to the ACBM,
one of the following statements:
(i) If the State has adopted a contractor accreditation program under
section 206(b) of Title II of the Act, a
statement that the person(s) is accredited under such plan.
(ii) A statement that the local education agency used (or will use) persons
who have been accredited by another
State which has adopted a contractor
accreditation plan under section 206(b)
of Title II of the Act or is accredited by
an EPA-approved course under section
206(c) of Title II of the Act.
(8) A detailed description in the form
of a blueprint, diagram, or in writing of
any ACBM or suspected ACBM assumed
to be ACM which remains in the school
once response actions are undertaken
pursuant to § 763.90. This description
shall be updated as response actions
are completed.
(9) A plan for reinspection under
§ 763.85, a plan for operations and maintenance activities under § 763.91, and a
plan for periodic surveillance under
§ 763.92, a description of the recommendation made by the management planner regarding additional
cleaning under § 763.91(c)(2) as part of
an operations and maintenance program, and the response of the local
education agency to that recommendation.
(10) A description of steps taken to
inform workers and building occupants, or their legal guardians, about
inspections, reinspections, response actions, and post-response action activities, including periodic reinspection
and surveillance activities that are
planned or in progress.
(11) An evaluation of the resources
needed to complete response actions
successfully and carry out reinspection, operations and maintenance activities, periodic surveillance and
training.
(12) With respect to each consultant
who contributed to the management
plan, the name of the consultant and
one of the following statements:
(i) If the State has adopted a contractor accreditation plan under section 206(b) of Title II of the Act, a
statement that the consultant is accredited under such plan.
(ii) A statement that the contractor
is accredited by another State which
has adopted a contractor accreditation
plan under section 206(b) of Title II of
the Act, or is accredited by an EPA-approved course developed under section
206(c) of Title II of the Act.
(f) A local education agency may require each management plan to contain a statement signed by an accredited management plan developer that
such person has prepared or assisted in
the preparation of such plan or has reviewed such plan, and that such plan is
in compliance with this subpart E.
Such statement may not be signed by a
person who, in addition to preparing or
assisting in preparing the management
plan, also implements (or will implement) the management plan.
(g)(1) Upon submission of a management plan to the Governor for review,
a local education agency shall keep a
copy of the plan in its administrative
office. The management plans shall be
available, without cost or restriction,
for inspection by representatives of
EPA and the State, the public, including teachers, other school personnel
and their representatives, and parents.
The local education agency may charge
a reasonable cost to make copies of
management plans.
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(2) Each local education agency shall
maintain in its administrative office a
complete, updated copy of a management plan for each school under its administrative control or direction. The
management plans shall be available,
during normal business hours, without
cost or restriction, for inspection by
representatives of EPA and the State,
the public, including teachers, other
school personnel and their representatives, and parents. The local education
agency may charge a reasonable cost
to make copies of management plans.
(3) Each school shall maintain in its
administrative office a complete, updated copy of the management plan for
that school. Management plans shall be
available for inspection, without cost
or restriction, to workers before work
begins in any area of a school building.
The school shall make management
plans available for inspection to representatives of EPA and the State, the
public, including parents, teachers, and
other school personnel and their representatives within 5 working days
after receiving a request for inspection.
The school may charge a reasonable
cost to make copies of the management plan.
(4) Upon submission of its management plan to the Governor and at least
once each school year, the local education agency shall notify in writing
parent, teacher, and employee organizations of the availability of management plans and shall include in the
management plan a description of the
steps taken to notify such organizations, and a dated copy of the notification. In the absence of any such organizations for parents, teachers, or employees, the local education agency
shall provide written notice to that relevant group of the availability of management plans and shall include in the
management plan a description of the
steps taken to notify such groups, and
a dated copy of the notification.
(h) Records required under § 763.94
shall be made by local education agencies and maintained as part of the
management plan.
(i) Each management plan must contain a true and correct statement,
signed by the individual designated by
the local education agency under
§ 763.84, which certifies that the gen-
eral, local education agency responsibilities, as stipulated by § 763.84, have
been met or will be met.
§ 763.94 Recordkeeping.
(a) Records required under this section shall be maintained in a centralized location in the administrative office of both the school and the local
education agency as part of the management plan. For each homogeneous
area where all ACBM has been removed, the local education agency
shall ensure that such records are retained for 3 years after the next reinspection required under § 763.85(b)(1), or
for an equivalent period.
(b) For each preventive measure and
response action taken for friable and
nonfriable ACBM and friable and nonfriable suspected ACBM assumed to be
ACM, the local education agency shall
provide:
(1) A detailed written description of
the measure or action, including methods used, the location where the measure or action was taken, reasons for selecting the measure or action, start
and completion dates of the work,
names and addresses of all contractors
involved, and if applicable, their State
of accreditation, and accreditation
numbers, and if ACBM is removed, the
name and location of storage or disposal site of the ACM.
(2) The name and signature of any
person collecting any air sample required to be collected at the completion of certain response actions specified by § 763.90(i), the locations where
samples were collected, date of collection, the name and address of the laboratory analyzing the samples, the
date of analysis, the results of the
analysis, the method of analysis, the
name and signature of the person performing the analysis, and a statement
that the laboratory meets the applicable requirements of § 763.90(i)(2)(ii).
(c) For each person required to be
trained under § 763.92(a) (1) and (2), the
local education agency shall provide
the person’s name and job title, the
date that training was completed by
that person, the location of the training, and the number of hours completed in such training.
(d) For each time that periodic surveillance under § 763.92(b) is performed,
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§ 763.95
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the local education agency shall record
the name of each person performing
the surveillance, the date of the surveillance, and any changes in the conditions of the materials.
(e) For each time that cleaning under
§ 763.91(c) is performed, the local education agency shall record the name of
each person performing the cleaning,
the date of such cleaning, the locations
cleaned, and the methods used to perform such cleaning.
(f) For each time that operations and
maintenance activities under § 763.91(d)
are performed, the local education
agency shall record the name of each
person performing the activity, the
start and completion dates of the activity, the locations where such activity occurred, a description of the activity including preventive measures
used, and if ACBM is removed, the
name and location of storage or disposal site of the ACM.
(g) For each time that major asbestos
activity under § 763.91(e) is performed,
the local education agency shall provide the name and signature, State of
accreditation, and if applicable, the accreditation number of each person performing the activity, the start and
completion dates of the activity, the
locations where such activity occurred,
a description of the activity including
preventive measures used, and if ACBM
is removed, the name and location of
storage or disposal site of the ACM.
(h) For each fiber release episode
under § 763.91(f), the local education
agency shall provide the date and location of the episode, the method of repair, preventive measures or response
action taken, the name of each person
performing the work, and if ACBM is
removed, the name and location of
storage or disposal site of the ACM.
(Approved by the Office of Management and
Budget under control number 2070–0091)
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§ 763.95
Warning labels.
(a) The local education agency shall
attach a warning label immediately adjacent to any friable and nonfriable
ACBM and suspected ACBM assumed to
be ACM located in routine maintenance areas (such as boiler rooms) at
each school building. This shall include:
(1) Friable ACBM that was responded
to by a means other than removal.
(2) ACBM for which no response action was carried out.
(b) All labels shall be prominently
displayed in readily visible locations
and shall remain posted until the
ACBM that is labeled is removed.
(c) The warning label shall read, in
print which is readily visible because
of large size or bright color, as follows:
CAUTION: ASBESTOS. HAZARDOUS.
DO NOT DISTURB WITHOUT PROPER
TRAINING AND EQUIPMENT.
§ 763.97 Compliance and enforcement.
(a) Compliance with Title II of the Act.
(1) Section 207(a) of Title II of the Act
(15 U.S.C. 2647) makes it unlawful for
any local education agency to:
(i) Fail to conduct inspections pursuant to section 203(b) of Title II of the
Act, including failure to follow procedures and failure to use accredited personnel and laboratories.
(ii) Knowingly submit false information to the Governor regarding any inspection pursuant to regulations under
section 203(i) of Title II of the Act.
(iii) Fail to develop a management
plan pursuant to regulations under section 203(i) of Title II of the Act.
(2) Section 207(a) of Title II of the
Act (15 U.S.C. 2647) also provides that
any local education agency which violates any provision of section 207 shall
be liable for a civil penalty of not more
than $5,000 for each day during which
the violation continues. For the purposes of this subpart, a ‘‘violation’’
means a failure to comply with respect
to a single school building.
(b) Compliance with Title I of the Act.
(1) Section 15(1)(D) of Title I of the Act
(15 U.S.C. 2614) makes it unlawful for
any person to fail or refuse to comply
with any requirement of Title II or any
rule promulgated or order issued under
Title II. Therefore, any person who violates any requirement of this subpart
is in violation of section 15 of Title I of
the Act.
(2) Section 15(3) of Title I of the Act
(15 U.S.C. 2614) makes it unlawful for
any person to fail or refuse to establish
or maintain records, submit reports,
notices or other information, or permit
access to or copying of records, as required by this Act or a rule thereunder.
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Environmental Protection Agency
§ 763.98
(3) Section 15(4) (15 U.S.C. 2614) of
Title I of the Act makes it unlawful for
any person to fail or refuse to permit
entry or inspection as required by section 11 of Title I of the Act.
(4) Section 16(a) of Title I of the Act
(15 U.S.C. 2615) provides that any person who violates any provision of section 15 of Title I of the Act shall be liable to the United States for a civil penalty in an amount not to exceed $25,000
for each such violation. Each day such
a violation continues shall, for purposes of this paragraph, constitute a
separate violation of section 15. A local
education agency is not liable for any
civil penalty under Title I of the Act
for failing or refusing to comply with
any rule promulgated or order issued
under Title II of the Act.
(c) Criminal penalties. If any violation
committed by any person (including a
local education agency) is knowing or
willful, criminal penalties may be assessed under section 16(b) of Title I of
the Act.
(d) Injunctive relief. The Agency may
obtain injunctive relief under section
208(b) of Title II of the Act to respond
to a hazard which poses an imminent
and substantial endangerment to
human health or the environment or
section 17 (15 U.S.C. 2616) of Title I of
the Act to restrain any violation of
section 15 of Title I of the Act or to
compel the taking of any action required by or under Title I of the Act.
(e) Citizen complaints. Any citizen who
wishes to file a complaint pursuant to
section 207(d) of Title II of the Act
should direct the complaint to the Governor of the State or the EPA Asbestos
Ombudsman, 1200 Pennsylvania Ave.,
NW., Washington, DC 20460. The citizen
complaint should be in writing and
identified as a citizen complaint pursuant to section 207(d) of Title II of
TSCA. The EPA Asbestos Ombudsman
or the Governor shall investigate and
respond to the complaint within a reasonable period of time if the allegations provide a reasonable basis to believe that a violation of the Act has occurred.
(f) Inspections. EPA may conduct inspections and review management
plans under section 11 of Title I of the
Act (15 U.S.C. 2610) to ensure compliance.
§ 763.98 Waiver; delegation to State.
(a) General. (1) Upon request from a
state Governor and after notice and
comment and an opportunity for a public hearing in accordance with paragraphs (b) and (c) of this section, EPA
may waive some or all of the requirements of this subpart E if the state has
established and is implementing or intends to implement a program of asbestos inspection and management that
contains requirements that are at least
as stringent as the requirements of this
subpart. In addition, if the state chooses to receive electronic documents, the
state program must include, at a minimum, the requirements of 40 CFR part
3—(Electronic reporting).
(2) A waiver from any requirement of
this subpart E shall apply only to the
specific provision for which a waiver
has been granted under this section.
All requirements of this subpart E
shall apply until a waiver is granted
under this section.
(b) Request. Each request by a Governor to waive any requirement of this
subpart E 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 provisions or
proposed provisions relating to its program of asbestos inspection and management in schools for which the request is made.
(2)(i) The name of the State agency
that is or will be responsible for administering and enforcing the requirements for which a waiver is requested,
the names and job titles of responsible
officials in that agency, and 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 the requirements for which a waiver is requested,
a description of the functions to be performed by each agency, how the program will be coordinated by the lead
agency to ensure consistency and effective administration in the asbestos inspection and management program
within the State, the names and job titles of responsible officials in the agencies, and phone numbers where the officials can be contacted. The lead agency
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§ 763.98
40 CFR Ch. I (7–1–07 Edition)
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 inspection and
management program provisions for
which the request is made are at least
as stringent as the requirements of
Subpart E of this part, and that, if the
state chooses to receive electronic documents, the state program includes, at
a minimum, the requirements of 40
CFR part 3—(Electronic reporting).
(4) A discussion of any special situations, problems, and needs pertaining
to the waiver 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
provisions relating to the waiver request.
(6) Copies of any specific or enabling
State laws (enacted and pending enactment) and regulations (promulgated
and pending promulgation) 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—hearing. (1) Within
30 days after receipt of a request for a
waiver, EPA will determine the completeness of the request. If EPA does
not request further information within
the 30-day period, the request will be
deemed complete.
(2) Within 30 days after EPA determines that a request is complete, EPA
will issue for publication in the FEDERAL REGISTER a notice 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. Comments must be submitted within 60 days.
(3) If, during the comment period,
EPA receives a written objection to a
Governor’s request and a request for a
public hearing detailing specific objections to the granting of a waiver, EPA
will schedule a public hearing to be
held in the affected State after the
close of the comment period and will
announce the public hearing date in
the FEDERAL REGISTER before the date
of the hearing. Each comment shall include the name and address of the person submitting the comment.
(d) Criteria. EPA may waive some or
all of the requirements of subpart E of
this part if:
(1) The State’s lead agency and other
cooperating agencies have the legal authority necessary to carry out the provisions of asbestos inspection and management in schools relating to the
waiver request.
(2) The State’s program of asbestos
inspection and management in schools
relating to the waiver request and implementation of the program are or
will be at least as stringent as the requirements of this subpart E.
(3) The state has an enforcement
mechanism to allow it to implement
the program described in the waiver request and any electronic reporting requirements are at least as stringent as
40 CFR part 3—(Electronic reporting).
(4) The lead agency and any cooperating agencies have or will have qualified personnel to carry out the provisions relating to the waiver request.
(5) The State will devote adequate resources to the administration and enforcement of the asbestos inspection
and management provisions relating to
the waiver request.
(6) 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
paragraphs (d) (2) through (4) of this
section.
(e) Decision. EPA will issue for publication in the FEDERAL REGISTER a notice announcing its decision to grant or
deny, in whole or in part, a Governor’s
request for a waiver from some or all of
the requirements of this subpart E
within 30 days after the close of the
comment period or within 30 days following a public hearing, whichever is
applicable. The notice will include the
Agency’s reasons and rationale for
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Environmental Protection Agency
§ 763.99
granting or denying the Governor’s request. The 30-day period may be extended if mutually agreed upon by EPA
and the State.
(f) Modifications. When any substantial change is made in the administration or enforcement of a State program
for which a waiver was granted 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 a waiver
by EPA from any requirement of subpart E of this part 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 provisions waived 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 requirement of this subpart E
that was waived under this section.
(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 waiver. This
evaluation may include, but is not limited to, site visits to local education
agencies 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 that was waived
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 underlie the belief of inadequacy.
(3) If EPA finds, on the basis of information submitted by the State at the
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, in whole or
part, the waiver.
(2) EPA will issue for publication in
the FEDERAL REGISTER a notice that
announces the rescission of the waiver,
describes those aspects of the State’s
program determined to be inadequate,
and specifies the facts that underlie
the findings of inadequacy.
[52 FR 41846, Oct. 30, 1987, as amended at 70
FR 59889, Oct. 13, 2005]
§ 763.99 Exclusions.
(a) A local education agency shall
not be required to perform an inspection under § 763.85(a) in any sampling
area as defined in 40 CFR 763.103 or homogeneous area of a school building
where:
(1) An accredited inspector has determined that, based on sampling records,
friable ACBM was identified in that homogeneous or sampling area during an
inspection conducted before December
14, 1987. The inspector shall sign and
date a statement to that effect with his
or her State of accreditation and if applicable, accreditation number and,
within 30 days after such determination, submit a copy of the statement to
the person designated under § 763.84 for
inclusion in the management plan.
However, an accredited inspector shall
assess the friable ACBM under § 763.88.
(2) An accredited inspector has determined that, based on sampling records,
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nonfriable ACBM was identified in that
homogeneous or sampling area during
an inspection conducted before December 14, 1987. The inspector shall sign
and date a statement to that effect
with his or her State of accreditation
and if applicable, accreditation number
and, within 30 days after such determination, submit a copy of the statement to the person designated under
§ 763.84 for inclusion in the management plan. However, an accredited inspector shall identify whether material
that was nonfriable has become friable
since that previous inspection and
shall assess the newly-friable ACBM
under § 763.88.
(3) Based on sampling records and inspection records, an accredited inspector has determined that no ACBM is
present in the homogeneous or sampling area and the records show that
the area was sampled, before December
14, 1987 in substantial compliance with
§ 763.85(a), which for purposes of this
section means in a random manner and
with a sufficient number of samples to
reasonably ensure that the area is not
ACBM.
(i) The accredited inspector shall
sign and date a statement, with his or
her State of accreditation and if applicable, accreditation number that the
homogeneous or sampling area determined not to be ACBM was sampled in
substantial compliance with § 763.85(a).
(ii) Within 30 days after the inspector’s determination, the local education agency shall submit a copy of
the inspector’s statement to the EPA
Regional Office and shall include the
statement in the management plan for
that school.
(4) The lead agency responsible for
asbestos inspection in a State that has
been granted a waiver from § 763.85(a)
has determined that, based on sampling records and inspection records,
no ACBM is present in the homogeneous or sampling area and the
records show that the area was sampled before December 14, 1987, in substantial compliance with § 763.85(a).
Such determination shall be included
in the management plan for that
school.
(5) An accredited inspector has determined that, based on records of an inspection conducted before December 14,
1987, suspected ACBM identified in that
homogeneous or sampling area is assumed to be ACM. The inspector shall
sign and date a statement to that effect, with his or her State of accreditation and if applicable, accreditation
number and, within 30 days of such determination, submit a copy of the
statement to the person designated
under § 763.84 for inclusion in the management plan. However, an accredited
inspector shall identify whether material that was nonfriable suspected
ACBM assumed to be ACM has become
friable since the previous inspection
and shall assess the newly friable material and previously identified friable
suspected ACBM assumed to be ACM
under § 763.88.
(6) Based on inspection records and
contractor and clearance records, an
accredited inspector has determined
that no ACBM is present in the homogeneous or sampling area where asbestos removal operations have been conducted before December 14, 1987, and
shall sign and date a statement to that
effect and include his or her State of
accreditation and, if applicable, accreditation number. The local education
agency shall submit a copy of the
statement to the EPA Regional Office
and shall include the statement in the
management plan for that school.
(7) An architect or project engineer
responsible for the construction of a
new school building built after October
12, 1988, or an accredited inspector
signs a statement that no ACBM was
specified as a building material in any
construction document for the building, or, to the best of his or her knowledge, no ACBM was used as a building
material in the building. The local education agency shall submit a copy of
the signed statement of the architect,
project engineer, or accredited inspector to the EPA Regional Office and
shall include the statement in the
management plan for that school.
(b) The exclusion, under paragraphs
(a) (1) through (4) of this section, from
conducting
the
inspection
under
§ 763.85(a) shall apply only to homogeneous or sampling areas of a school
building that were inspected and sampled before October 17, 1987. The local
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Pt. 763, Subpt. E, App. A
education agency shall conduct an inspection under § 763.85(a) of all areas inspected before October 17, 1987, that
were not sampled or were not assumed
to be ACM.
(c) If ACBM is subsequently found in
a homogeneous or sampling area of a
local education agency that had been
identified as receiving an exclusion by
an accredited inspector under paragraphs (a) (3), (4), (5) of this section, or
an architect, project engineer or accredited inspector under paragraph
(a)(7) of this section, the local education agency shall have 180 days following the date of identification of
ACBM to comply with this subpart E.
APPENDIX A TO SUBPART E OF PART
763—INTERIM TRANSMISSION ELECTRON
MICROSCOPY
ANALYTICAL
METHODS—MANDATORY AND NONMANDATORY—AND MANDATORY SECTION TO DETERMINE COMPLETION OF
RESPONSE ACTIONS
I. Introduction
The following appendix contains three
units. The first unit is the mandatory transmission electron microscopy (TEM) method
which all laboratories must follow; it is the
minimum requirement for analysis of air
samples for asbestos by TEM. The mandatory method contains the essential elements
of the TEM method. The second unit contains the complete non-mandatory method.
The non-mandatory method supplements the
mandatory method by including additional
steps to improve the analysis. EPA recommends that the non-mandatory method be
employed for analyzing air filters; however,
the laboratory may choose to employ the
mandatory method. The non-mandatory
method contains the same minimum requirements as are outlined in the mandatory
method. Hence, laboratories may choose either of the two methods for analyzing air
samples by TEM.
The final unit of this Appendix A to subpart E defines the steps which must be taken
to determine completion of response actions.
This unit is mandatory.
II. Mandatory Transmission Electron
Microscopy Method
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A. Definitions of Terms
1. Analytical sensitivity—Airborne asbestos
concentration represented by each fiber
counted under the electron microscope. It is
determined by the air volume collected and
the proportion of the filter examined. This
method requires that the analytical sensi-
tivity be no greater than 0.005 structures/
cm3.
2. Asbestiform—A specific type of mineral
fibrosity in which the fibers and fibrils possess high tensile strength and flexibility.
3. Aspect ratio—A ratio of the length to the
width of a particle. Minimum aspect ratio as
defined by this method is equal to or greater
than 5:1.
4. Bundle—A structure composed of three
or more fibers in a parallel arrangement
with each fiber closer than one fiber diameter.
5. Clean area—A controlled environment
which is maintained and monitored to assure
a low probability of asbestos contamination
to materials in that space. Clean areas used
in this method have HEPA filtered air under
positive pressure and are capable of sustained operation with an open laboratory
blank which on subsequent analysis has an
average of less than 18 structures/mm2 in an
area of 0.057 mm2 (nominally 10 200-mesh grid
openings) and a maximum of 53 structures/
mm2 for any single preparation for that same
area.
6. Cluster—A structure with fibers in a random arrangement such that all fibers are
intermixed and no single fiber is isolated
from the group. Groupings must have more
than two intersections.
7. ED—Electron diffraction.
8. EDXA—Energy dispersive X-ray analysis.
9. Fiber—A structure greater than or equal
to 0.5 µm in length with an aspect ratio
(length to width) of 5:1 or greater and having
substantially parallel sides.
10. Grid—An open structure for mounting
on the sample to aid in its examination in
the TEM. The term is used here to denote a
200-mesh copper lattice approximately 3 mm
in diameter.
11. Intersection—Nonparallel touching or
crossing of fibers, with the projection having
an aspect ratio of 5:1 or greater.
12. Laboratory sample coordinator—That person responsible for the conduct of sample
handling and the certification of the testing
procedures.
13. Filter background level—The concentration of structures per square millimeter of
filter that is considered indistinguishable
from the concentration measured on a blank
(filters through which no air has been
drawn). For this method the filter background level is defined as 70 structures/mm2.
14. Matrix—Fiber or fibers with one end
free and the other end embedded in or hidden
by a particulate. The exposed fiber must
meet the fiber definition.
15. NSD—No structure detected.
16. Operator—A person responsible for the
TEM instrumental analysis of the sample.
17. PCM—Phase contrast microscopy.
18. SAED—Selected area electron diffraction.
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19. SEM—Scanning electron microscope.
20. STEM—Scanning transmission electron
microscope.
21. Structure—a microscopic bundle, cluster, fiber, or matrix which may contain asbestos.
22. S/cm3—Structures per cubic centimeter.
23. S/mm2—Structures per square millimeter.
24. TEM—Transmission electron microscope.
B. Sampling
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1. The sampling agency must have written
quality control procedures and documents
which verify compliance.
2. Sampling operations must be performed
by qualified individuals completely independent of the abatement contractor to
avoid possible conflict of interest (References 1, 2, 3, and 5 of Unit II.J.).
3. Sampling for airborne asbestos following
an abatement action must use commercially
available cassettes.
4. Prescreen the loaded cassette collection
filters to assure that they do not contain
concentrations of asbestos which may interfere with the analysis of the sample. A filter
blank average of less than 18 s/mm2 in an
area of 0.057 mm2 (nominally 10 200-mesh grid
openings) and a single preparation with a
maximum of 53 s/mm2 for that same area is
acceptable for this method.
5. Use sample collection filters which are
either polycarbonate having a pore size less
than or equal to 0.4 µm or mixed cellulose
ester having a pore size less than or equal to
0.45 µm.
6. Place these filters in series with a 5.0 µm
backup filter (to serve as a diffuser) and a
support pad. See the following Figure 1:
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7. Reloading of used cassettes is not permitted.
8. Orient the cassette downward at approximately 45 degrees from the horizontal.
9. Maintain a log of all pertinent sampling
information.
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10. Calibrate sampling pumps and their
flow indicators over the range of their intended use with a recognized standard. Assemble the sampling system with a representative filter (not the filter which will
be used in sampling) before and after the
sampling operation.
11. Record all calibration information.
12. Ensure that the mechanical vibrations
from the pump will be minimized to prevent
transferral of vibration to the cassette.
13. Ensure that a continuous smooth flow
of negative pressure is delivered by the pump
by damping out any pump action fluctuations if necessary.
14. The final plastic barrier around the
abatement area remains in place for the
sampling period.
15. After the area has passed a thorough
visual inspection, use aggressive sampling
conditions to dislodge any remaining dust.
(See suggested protocol in Unit III.B.7.d.)
16. Select an appropriate flow rate equal to
or greater than 1 liter per minute (L/min) or
less than 10 L/min for 25 mm cassettes. Larger filters may be operated at proportionally
higher flow rates.
17. A minimum of 13 samples are to be collected for each testing site consisting of the
following:
a. A minimum of five samples per abatement area.
b. A minimum of five samples per ambient
area positioned at locations representative
of the air entering the abatement site.
c. Two field blanks are to be taken by removing the cap for not more than 30 seconds
and replacing it at the time of sampling before sampling is initiated at the following
places:
i. Near the entrance to each abatement
area.
ii. At one of the ambient sites. (DO NOT
leave the field blanks open during the sampling period.)
d. A sealed blank is to be carried with each
sample set. This representative cassette is
not to be opened in the field.
18. Perform a leak check of the sampling
system at each indoor and outdoor sampling
site by activating the pump with the closed
sampling cassette in line. Any flow indicates
a leak which must be eliminated before initiating the sampling operation.
19. The following Table I specifies volume
ranges to be used:
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Pt. 763, Subpt. E, App. A
22. Ensure that the samples are stored in a
secure and representative location.
23. Do not change containers if portions of
these filters are taken for other purposes.
24. A summary of Sample Data Quality Objectives is shown in the following Table II:
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20. Ensure that the sampler is turned upright before interrupting the pump flow.
21. Check that all samples are clearly labeled and that all pertinent information has
been enclosed before transfer of the samples
to the laboratory.
Pt. 763, Subpt. E, App. A
40 CFR Ch. I (7–1–07 Edition)
C. Sample Shipment
Ship bulk samples to the analytical laboratory in a separate container from air
samples.
D. Sample Receiving
1. Designate one individual as sample coordinator at the laboratory. While that individual will normally be available to receive
samples, the coordinator may train and supervise others in receiving procedures for
those times when he/she is not available.
2. Bulk samples and air samples delivered
to the analytical laboratory in the same container shall be rejected.
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E. Sample Preparation
1. All sample preparation and analysis
shall be performed by a laboratory independent of the abatement contractor.
2. Wet-wipe the exterior of the cassettes to
minimize contamination possibilities before
taking them into the clean room facility.
3. Perform sample preparation in a wellequipped clean facility.
NOTE: The clean area is required to have
the following minimum characteristics. The
area or hood must be capable of maintaining
a positive pressure with make-up air being
HEPA-filtered. The cumulative analytical
blank concentration must average less than
18 s/mm2 in an area of 0.057 mm2 (nominally
10 200-mesh grid openings) and a single preparation with a maximum of 53 s/mm2 for that
same area.
4. Preparation areas for air samples must
not only be separated from preparation areas
for bulk samples, but they must be prepared
in separate rooms.
5. Direct preparation techniques are required. The object is to produce an intact
film containing the particulates of the filter
surface which is sufficiently clear for TEM
analysis.
a. TEM Grid Opening Area measurement
must be done as follows:
i. The filter portion being used for sample
preparation must have the surface collapsed
using an acetone vapor technique.
ii. Measure 20 grid openings on each of 20
random 200-mesh copper grids by placing a
grid on a glass and examining it under the
PCM. Use a calibrated graticule to measure
the average field diameters. From the data,
calculate the field area for an average grid
opening.
iii. Measurements can also be made on the
TEM at a properly calibrated low magnification or on an optical microscope at a magnification of approximately 400X by using an
eyepiece fitted with a scale that has been
calibrated against a stage micrometer. Optical microscopy utilizing manual or automated procedures may be used providing instrument calibration can be verified.
b. TEM specimen preparation from
polycarbonate (PC) filters. Procedures as described in Unit III.G. or other equivalent
methods may be used.
c. TEM specimen preparation from mixed
cellulose ester (MCE) filters.
i. Filter portion being used for sample
preparation must have the surface collapsed
using an acetone vapor technique or the
Burdette procedure (Ref. 7 of Unit II.J.)
ii. Plasma etching of the collapsed filter is
required. The microscope slide to which the
collapsed filter pieces are attached is placed
in a plasma asher. Because plasma ashers
vary greatly in their performance, both from
unit to unit and between different positions
in the asher chamber, it is difficult to specify the conditions that should be used. Insufficient etching will result in a failure to expose embedded filters, and too much etching
may result in loss of particulate from the
surface. As an interim measure, it is recommended that the time for ashing of a
Environmental Protection Agency
Pt. 763, Subpt. E, App. A
known weight of a collapsed filter be established and that the etching rate be calculated in terms of micrometers per second.
The actual etching time used for the particulate asher and operating conditions will then
be set such that a 1–2 µm (10 percent) layer
of collapsed surface will be removed.
iii. Procedures as described in Unit III. or
other equivalent methods may be used to
prepare samples.
F. TEM Method
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1. An 80–120 kV TEM capable of performing
electron diffraction with a fluorescent screen
inscribed with calibrated gradations is required. If the TEM is equipped with EDXA it
must either have a STEM attachment or be
capable of producing a spot less than 250 nm
in diameter at crossover. The microscope
shall be calibrated routinely for magnification and camera constant.
2. Determination of Camera Constant and ED
Pattern Analysis. The camera length of the
TEM in ED operating mode must be calibrated before ED patterns on unknown samples are observed. This can be achieved by
using a carbon-coated grid on which a thin
film of gold has been sputtered or evaporated. A thin film of gold is evaporated on
the specimen TEM grid to obtain zone-axis
ED patterns superimposed with a ring pattern from the polycrystalline gold film. In
practice, it is desirable to optimize the
thickness of the gold film so that only one or
two sharp rings are obtained on the superimposed ED pattern. Thicker gold film would
normally give multiple gold rings, but it will
tend to mask weaker diffraction spots from
the unknown fibrous particulate. Since the
unknown d-spacings of most interest in asbestos analysis are those which lie closest to
the transmitted beam, multiple gold rings
are unnecessary on zone-axis ED patterns.
An average camera constant using multiple
gold rings can be determined. The camera
constant is one-half the diameter of the
rings times the interplanar spacing of the
ring being measured.
3. Magnification Calibration. The magnification calibration must be done at the fluorescent screen. The TEM must be calibrated at
the grid opening magnification (if used) and
also at the magnification used for fiber
counting. This is performed with a cross
grating replica (e.g., one containing 2,160
lines/mm). Define a field of view on the fluorescent screen either by markings or physical boundaries. The field of view must be
measurable or previously inscribed with a
scale or concentric circles (all scales should
be metric). A logbook must be maintained,
and the dates of calibration and the values
obtained must be recorded. The frequency of
calibration depends on the past history of
the particular microscope. After any maintenance of the microscope that involved adjustment of the power supplied to the lenses
or the high-voltage system or the mechanical disassembly of the electron optical column apart from filament exchange, the magnification must be recalibrated. Before the
TEM calibration is performed, the analyst
must ensure that the cross grating replica is
placed at the same distance from the objective lens as the specimens are. For instruments that incorporate a eucentric tilting
specimen stage, all specimens and the cross
grating replica must be placed at the
eucentric position.
4. While not required on every microscope
in the laboratory, the laboratory must have
either one microscope equipped with energy
dispersive X-ray analysis or access to an
equivalent system on a TEM in another laboratory.
5. Microscope settings: 80–120 kV, grid assessment 250–1,000X, then 15,000–20,000X
screen magnification for analysis.
6. Approximately one-half (0.5) of the predetermined sample area to be analyzed shall
be performed on one sample grid preparation
and the remaining half on a second sample
grid preparation.
7. Individual grid openings with greater
than 5 percent openings (holes) or covered
with greater than 25 percent particulate
matter or obviously having nonuniform loading must not be analyzed.
8. Reject the grid if:
a. Less than 50 percent of the grid openings
covered by the replica are intact.
b. The replica is doubled or folded.
c. The replica is too dark because of incomplete dissolution of the filter.
9. Recording Rules.
a. Any continuous grouping of particles in
which an asbestos fiber with an aspect ratio
greater than or equal to 5:1 and a length
greater than or equal to 0.5 µm is detected
shall be recorded on the count sheet. These
will be designated asbestos structures and
will be classified as fibers, bundles, clusters,
or matrices. Record as individual fibers any
contiguous grouping having 0, 1, or 2 definable intersections. Groupings having more
than 2 intersections are to be described as
cluster or matrix. An intersection is a nonparallel touching or crossing of fibers, with
the projection having an aspect ratio of 5:1
or greater. See the following Figure 2:
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Pt. 763, Subpt. E, App. A
Pt. 763, Subpt. E, App. A
i. Fiber. A structure having a minimum
length greater than or equal to 0.5 µm and an
aspect ratio (length to width) of 5:1 or greater and substantially parallel sides. Note the
appearance of the end of the fiber, i.e.,
whether it is flat, rounded or dovetailed.
ii. Bundle. A structure composed of three
or more fibers in a parallel arrangement
with each fiber closer than one fiber diameter.
iii. Cluster. A structure with fibers in a
random arrangement such that all fibers are
intermixed and no single fiber is isolated
from the group. Groupings must have more
than two intersections.
iv. Matrix. Fiber or fibers with one end free
and the other end embedded in or hidden by
a particulate. The exposed fiber must meet
the fiber definition.
b. Separate categories will be maintained
for fibers less than 5 µm and for fibers equal
to or greater than 5 µm in length.
c. Record NSD when no structures are detected in the field.
d. Visual identification of electron diffraction (ED) patterns is required for each asbestos structure counted which would cause the
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Environmental Protection Agency
rfrederick on PROD1PC67 with CFR
Pt. 763, Subpt. E, App. A
40 CFR Ch. I (7–1–07 Edition)
analysis to exceed the 70 s/mm2 concentration. (Generally this means the first four fibers identified as asbestos must exhibit an
identifiable diffraction pattern for chrysotile
or amphibole.)
e. The micrograph number of the recorded
diffraction patterns must be reported to the
client and maintained in the laboratory’s
quality assurance records. In the event that
examination of the pattern by a qualified individual indicates that the pattern has been
misidentified visually, the client shall be
contacted.
f. Energy Dispersive X-ray Analysis
(EDXA) is required of all amphiboles which
would cause the analysis results to exceed
the 70 s/mm2 concentration. (Generally
speaking, the first 4 amphiboles would require EDXA.)
g. If the number of fibers in the nonasbestos class would cause the analysis to
exceed the 70 s/mm2 concentration, the fact
that they are not asbestos must be confirmed by EDXA or measurement of a zone
axis diffraction pattern.
h. Fibers classified as chrysotile must be
identified by diffraction or X-ray analysis
and recorded on a count sheet. X-ray analysis alone can be used only after 70 s/mm2
have been exceeded for a particular sample.
i. Fibers classified as amphiboles must be
identified by X-ray analysis and electron diffraction and recorded on the count sheet. (Xray analysis alone can be used only after 70
s/mm2 have been exceeded for a particular
sample.)
j. If a diffraction pattern was recorded on
film, record the micrograph number on the
count sheet.
k. If an electron diffraction was attempted
but no pattern was observed, record N on the
count sheet.
l. If an EDXA spectrum was attempted but
not observed, record N on the count sheet.
m. If an X-ray analysis spectrum is stored,
record the file and disk number on the count
sheet.
10. Classification Rules.
a. Fiber. A structure having a minimum
length greater than or equal to 0.5 µm and an
aspect ratio (length to width) of 5:1 or greater and substantially parallel sides. Note the
appearance of the end of the fiber, i.e.,
whether it is flat, rounded or dovetailed.
b. Bundle. A structure composed of three or
more fibers in a parallel arrangement with
each fiber closer than one fiber diameter.
c. Cluster. A structure with fibers in a random arrangement such that all fibers are
intermixed and no single fiber is isolated
from the group. Groupings must have more
than two intersections.
d. Matrix. Fiber or fibers with one end free
and the other end embedded in or hidden by
a particulate. The exposed fiber must meet
the fiber definition.
11. After finishing with a grid, remove it
from the microscope, and replace it in the
appropriate grid holder. Sample grids must
be stored for a minimum of 1 year from the
date of the analysis; the sample cassette
must be retained for a minimum of 30 days
by the laboratory or returned at the client’s
request.
G. Sample Analytical Sequence
1. Under the present sampling requirements a minimum of 13 samples is to be collected for the clearance testing of an abatement site. These include five abatement area
samples, five ambient samples, two field
blanks, and one sealed blank.
2. Carry out visual inspection of work site
prior to air monitoring.
3. Collect a minimum of 5 air samples inside the work site and 5 samples outside the
work site. The indoor and outdoor samples
shall be taken during the same time period.
4. Remaining steps in the analytical sequence are contained in Unit IV of this Appendix.
H. Reporting
1. The following information must be reported to the client for each sample analyzed:
a. Concentration in structures per square
millimeter and structures per cubic centimeter.
b. Analytical sensitivity used for the analysis.
c. Number of asbestos structures.
d. Area analyzed.
e. Volume of air sampled (which must be
initially supplied to lab by client).
f. Copy of the count sheet must be included
with the report.
g. Signature of laboratory official to indicate that the laboratory met specifications
of the method.
h. Report form must contain official laboratory identification (e.g., letterhead).
i. Type of asbestos.
I. Quality Control/Quality Assurance
Procedures (Data Quality Indicators)
Monitoring the environment for airborne
asbestos requires the use of sensitive sampling and analysis procedures. Because the
test is sensitive, it may be influenced by a
variety of factors. These include the supplies
used in the sampling operation, the performance of the sampling, the preparation of the
grid from the filter and the actual examination of this grid in the microscope. Each of
these unit operations must produce a product of defined quality if the analytical result
is to be a reliable and meaningful test result.
Accordingly, a series of control checks and
reference standards are to be performed
along with the sample analysis as indicators
that the materials used are adequate and the
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operations are within acceptable limits. In
this way, the quality of the data is defined
and the results are of known value. These
checks and tests also provide timely and specific warning of any problems which might
develop within the sampling and analysis operations. A description of these quality control/quality assurance procedures is summarized in the following Table III:
1. When the samples arrive at the laboratory, check the samples and documentation
for completeness and requirements before
initiating the analysis.
2. Check all laboratory reagents and supplies for acceptable asbestos background levels.
3. Conduct all sample preparation in a
clean room environment monitored by laboratory blanks. Testing with blanks must
also be done after cleaning or servicing the
room.
4. Prepare multiple grids of each sample.
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Environmental Protection Agency
Pt. 763, Subpt. E, App. A
40 CFR Ch. I (7–1–07 Edition)
5. Provide laboratory blanks with each
sample batch. Maintain a cumulative average of these results. If there are more than 53
fibers/mm2 per 10 200-mesh grid openings, the
system must be checked for possible sources
of contamination.
6. Perform a system check on the transmission electron microscope daily.
7. Make periodic performance checks of
magnification, electron diffraction and energy dispersive X-ray systems as set forth in
Table III under Unit II.I.
8. Ensure qualified operator performance
by evaluation of replicate analysis and
standard sample comparisons as set forth in
Table III under Unit II.I.
9. Validate all data entries.
10. Recalculate a percentage of all computations and automatic data reduction
steps as specified in Table III under Unit II.I.
11. Record an electron diffraction pattern
of one asbestos structure from every five
samples that contain asbestos. Verify the
identification of the pattern by measurement or comparison of the pattern with patterns collected from standards under the
same conditions. The records must also demonstrate that the identification of the pattern has been verified by a qualified individual and that the operator who made the
identification is maintaining at least an 80
percent correct visual identification based
on his measured patterns.
12. Appropriate logs or records must be
maintained by the analytical laboratory
verifying that it is in compliance with the
mandatory quality assurance procedures.
rfrederick on PROD1PC67 with CFR
J. References
For additional background information on
this method, the following references should
be consulted.
1. ‘‘Guidance for Controlling Asbestos-Containing Materials in Buildings,’’ EPA 560/5–
85–024, June 1985.
2. ‘‘Measuring Airborne Asbestos Following
an Abatement Action,’’ USEPA, Office of
Pollution Prevention and Toxics, EPA 600/4–
85–049, 1985.
3. Small, John and E. Steel. Asbestos
Standards: Materials and Analytical Methods. N.B.S. Special Publication 619, 1982.
4. Campbell, W.J., R.L. Blake, L.L. Brown,
E.E. Cather, and J.J. Sjoberg. Selected Silicate Minerals and Their Asbestiform Varieties. Information Circular 8751, U.S. Bureau
of Mines, 1977.
5. Quality Assurance Handbook for Air Pollution Measurement System. Ambient Air
Methods, EPA 600/4–77–027a, USEPA, Office of
Research and Development, 1977.
6. Method 2A: Direct Measurement of Gas
Volume through Pipes and Small Ducts. 40
CFR Part 60 Appendix A.
7. Burdette, G.J., Health & Safety Exec.
Research & Lab. Services Div., London,
‘‘Proposed Analytical Method for Determination of Asbestos in Air.’’
8. Chatfield, E.J., Chatfield Tech. Cons.,
Ltd., Clark, T., PEI Assoc., ‘‘Standard Operating Procedure for Determination of Airborne Asbestos Fibers by Transmission Electron Microscopy Using Polycarbonate Membrane Filters,’’ WERL SOP 87–1, March 5,
1987.
9. NIOSH Method 7402 for Asbestos Fibers,
12–11–86 Draft.
10. Yamate, G., Agarwall, S.C., Gibbons,
R.D., IIT Research Institute, ‘‘Methodology
for the Measurement of Airborne Asbestos by
Electron Microscopy,’’ Draft report, USEPA
Contract 68–02–3266, July 1984.
11. ‘‘Guidance to the Preparation of Quality Assurance Project Plans,’’ USEPA, Office
of Pollution Prevention and Toxics, 1984.
III. Nonmandatory Transmission Electron
Microscopy Method
A. Definitions of Terms
1. Analytical sensitivity—Airborne asbestos
concentration represented by each fiber
counted under the electron microscope. It is
determined by the air volume collected and
the proportion of the filter examined. This
method requires that the analytical sensitivity be no greater than 0.005 s/cm3.
2. Asbestiform—A specific type of mineral
fibrosity in which the fibers and fibrils possess high tensile strength and flexibility.
3. Aspect ratio—A ratio of the length to the
width of a particle. Minimum aspect ratio as
defined by this method is equal to or greater
than 5:1.
4. Bundle—A structure composed of three
or more fibers in a parallel arrangement
with each fiber closer than one fiber diameter.
5. Clean area—A controlled environment
which is maintained and monitored to assure
a low probability of asbestos contamination
to materials in that space. Clean areas used
in this method have HEPA filtered air under
positive pressure and are capable of sustained operation with an open laboratory
blank which on subsequent analysis has an
average of less than 18 structures/mm2 in an
area of 0.057 mm2 (nominally 10 200 mesh grid
openings) and a maximum of 53 structures/
mm2 for no more than one single preparation
for that same area.
6. Cluster—A structure with fibers in a random arrangement such that all fibers are
intermixed and no single fiber is isolated
from the group. Groupings must have more
than two intersections.
7. ED—Electron diffraction.
8. EDXA—Energy dispersive X-ray analysis.
9. Fiber—A structure greater than or equal
to 0.5 µm in length with an aspect ratio
(length to width) of 5:1 or greater and having
substantially parallel sides.
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Pt. 763, Subpt. E, App. A
10. Grid—An open structure for mounting
on the sample to aid in its examination in
the TEM. The term is used here to denote a
200-mesh copper lattice approximately 3 mm
in diameter.
11. Intersection—Nonparallel touching or
crossing of fibers, with the projection having
an aspect ratio of 5:1 or greater.
12. Laboratory sample coordinator—That person responsible for the conduct of sample
handling and the certification of the testing
procedures.
13. Filter background level—The concentration of structures per square millimeter of
filter that is considered indistinguishable
from the concentration measured on blanks
(filters through which no air has been
drawn). For this method the filter background level is defined as 70 structures/mm2.
14. Matrix—Fiber or fibers with one end
free and the other end embedded in or hidden
by a particulate. The exposed fiber must
meet the fiber definition.
15. NSD—No structure detected.
16. Operator—A person responsible for the
TEM instrumental analysis of the sample.
17. PCM—Phase contrast microscopy.
18. SAED—Selected area electron diffraction.
19. SEM—Scanning electron microscope.
20. STEM—Scanning transmission electron
microscope.
21. Structure—a microscopic bundle, cluster, fiber, or matrix which may contain asbestos.
22. S/cm3—Structures per cubic centimeter.
23. S/mm2—Structures per square millimeter.
24. TEM—Transmission electron microscope.
B. Sampling
rfrederick on PROD1PC67 with CFR
1. Sampling operations must be performed
by qualified individuals completely independent of the abatement contractor to
avoid possible conflict of interest (See References 1, 2, and 5 of Unit III.L.) Special precautions should be taken to avoid contamination of the sample. For example, materials
that have not been prescreened for their asbestos background content should not be
used; also, sample handling procedures which
do not take cross contamination possibilities
into account should not be used.
2. Material and supply checks for asbestos
contamination should be made on all critical
supplies, reagents, and procedures before
their use in a monitoring study.
3. Quality control and quality assurance
steps are needed to identify problem areas
and isolate the cause of the contamination
(see Reference 5 of Unit III.L.). Control
checks shall be permanently recorded to document the quality of the information produced. The sampling firm must have written
quality control procedures and documents
which verify compliance. Independent audits
by a qualified consultant or firm should be
performed once a year. All documentation of
compliance should be retained indefinitely
to provide a guarantee of quality. A summary of Sample Data Quality Objectives is
shown in Table II of Unit II.B.
4. Sampling materials.
a. Sample for airborne asbestos following
an abatement action using commercially
available cassettes.
b. Use either a cowling or a filter-retaining
middle piece. Conductive material may reduce the potential for particulates to adhere
to the walls of the cowl.
c. Cassettes must be verified as ‘‘clean’’
prior to use in the field. If packaged filters
are used for loading or preloaded cassettes
are purchased from the manufacturer or a
distributor, the manufacturer’s name and lot
number should be entered on all field data
sheets provided to the laboratory, and are required to be listed on all reports from the
laboratory.
d. Assemble the cassettes in a clean facility (See definition of clean area under Unit
III.A.).
e. Reloading of used cassettes is not permitted.
f. Use sample collection filters which are
either polycarbonate having a pore size of
less than or equal to 0.4 µm or mixed cellulose ester having a pore size of less than or
equal to 0.45 µm.
g. Place these filters in series with a
backup filter with a pore size of 5.0 µm (to
serve as a diffuser) and a support pad. See
the following Figure 1:
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h. When polycarbonate filters are used, position the highly reflective face such that
the incoming particulate is received on this
surface.
i. Seal the cassettes to prevent leakage
around the filter edges or between cassette
part joints. A mechanical press may be useful to achieve a reproducible leak-free seal.
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Pt. 763, Subpt. E, App. A
Environmental Protection Agency
Pt. 763, Subpt. E, App. A
rfrederick on PROD1PC67 with CFR
Shrink fit gel-bands may be used for this
purpose and are available from filter manufacturers and their authorized distributors.
j. Use wrinkle-free loaded cassettes in the
sampling operation.
5. Pump setup.
a. Calibrate the sampling pump over the
range of flow rates and loads anticipated for
the monitoring period with this flow measuring device in series. Perform this calibration using guidance from EPA Method 2A
each time the unit is sent to the field (See
Reference 6 of Unit III.L.).
b. Configure the sampling system to preclude pump vibrations from being transmitted to the cassette by using a sampling
stand separate from the pump station and
making connections with flexible tubing.
c. Maintain continuous smooth flow conditions by damping out any pump action fluctuations if necessary.
d. Check the sampling system for leaks
with the end cap still in place and the pump
operating before initiating sample collection. Trace and stop the source of any flow
indicated by the flowmeter under these conditions.
e. Select an appropriate flow rate equal to
or greater than 1 L/min or less than 10 L/min
for 25 mm cassettes. Larger filters may be
operated at proportionally higher flow rates.
f. Orient the cassette downward at approximately 45 degrees from the horizontal.
g. Maintain a log of all pertinent sampling
information, such as pump identification
number, calibration data, sample location,
date, sample identification number, flow
rates at the beginning, middle, and end, start
and stop times, and other useful information
or comments. Use of a sampling log form is
recommended. See the following Figure 2:
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40 CFR Ch. I (7–1–07 Edition)
h. Initiate a chain of custody procedure at
the start of each sampling, if this is requested by the client.
i. Maintain a close check of all aspects of
the sampling operation on a regular basis.
j. Continue sampling until at least the
minimum volume is collected, as specified in
the following Table I:
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Pt. 763, Subpt. E, App. A
Pt. 763, Subpt. E, App. A
k. At the conclusion of sampling, turn the
cassette upward before stopping the flow to
minimize possible particle loss. If the sampling is resumed, restart the flow before reorienting the cassette downward. Note the
condition of the filter at the conclusion of
sampling.
l. Double check to see that all information
has been recorded on the data collection
forms and that the cassette is securely
closed and appropriately identified using a
waterproof label. Protect cassettes in individual clean resealed polyethylene bags.
Bags are to be used for storing cassette caps
when they are removed for sampling purposes. Caps and plugs should only be removed or replaced using clean hands or clean
disposable plastic gloves.
m. Do not change containers if portions of
these filters are taken for other purposes.
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Environmental Protection Agency
rfrederick on PROD1PC67 with CFR
Pt. 763, Subpt. E, App. A
40 CFR Ch. I (7–1–07 Edition)
6. Minimum sample number per site. A
minimum of 13 samples are to be collected
for each testing consisting of the following:
a. A minimum of five samples per abatement area.
b. A minimum of five samples per ambient
area positioned at locations representative
of the air entering the abatement site.
c. Two field blanks are to be taken by removing the cap for not more than 30 sec and
replacing it at the time of sampling before
sampling is initiated at the following places:
i. Near the entrance to each ambient area.
ii. At one of the ambient sites.
(NOTE: Do not leave the blank open during
the sampling period.)
d. A sealed blank is to be carried with each
sample set. This representative cassette is
not to be opened in the field.
7. Abatement area sampling.
a. Conduct final clearance sampling only
after the primary containment barriers have
been removed; the abatement area has been
thoroughly dried; and, it has passed visual
inspection tests by qualified personnel. (See
Reference 1 of Unit III.L.)
b. Containment barriers over windows,
doors, and air passageways must remain in
place until the TEM clearance sampling and
analysis is completed and results meet clearance test criteria. The final plastic barrier
remains in place for the sampling period.
c. Select sampling sites in the abatement
area on a random basis to provide unbiased
and representative samples.
d. After the area has passed a thorough visual inspection, use aggressive sampling conditions to dislodge any remaining dust.
i. Equipment used in aggressive sampling
such as a leaf blower and/or fan should be
properly cleaned and decontaminated before
use.
ii. Air filtration units shall remain on during the air monitoring period.
iii. Prior to air monitoring, floors, ceiling
and walls shall be swept with the exhaust of
a minimum one (1) horsepower leaf blower.
iv. Stationary fans are placed in locations
which will not interfere with air monitoring
equipment. Fan air is directed toward the
ceiling. One fan shall be used for each 10,000
ft3 of worksite.
v. Monitoring of an abatement work area
with high-volume pumps and the use of circulating fans will require electrical power.
Electrical outlets in the abatement area
may be used if available. If no such outlets
are available, the equipment must be supplied with electricity by the use of extension
cords and strip plug units. All electrical
power supply equipment of this type must be
approved Underwriter Laboratory equipment
that has not been modified. All wiring must
be grounded. Ground fault interrupters
should be used. Extreme care must be taken
to clean up any residual water and ensure
that electrical equipment does not become
wet while operational.
vi. Low volume pumps may be carefully
wrapped in 6-mil polyethylene to insulate
the pump from the air. High volume pumps
cannot be sealed in this manner since the
heat of the motor may melt the plastic. The
pump exhausts should be kept free.
vii. If recleaning is necessary, removal of
this equipment from the work area must be
handled with care. It is not possible to completely decontaminate the pump motor and
parts since these areas cannot be wetted. To
minimize any problems in this area, all
equipment such as fans and pumps should be
carefully wet wiped prior to removal from
the abatement area. Wrapping and sealing
low volume pumps in 6-mil polyethylene will
provide easier decontamination of this
equipment. Use of clean water and disposable
wipes should be available for this purpose.
e. Pump flow rate equal to or greater than
1 L/min or less than 10 L/min may be used for
25 mm cassettes. The larger cassette diameters may have comparably increased flow.
f. Sample a volume of air sufficient to ensure the minimum quantitation limits. (See
Table I of Unit III.B.5.j.)
8. Ambient sampling.
a. Position ambient samplers at locations
representative of the air entering the abatement site. If makeup air entering the abatement site is drawn from another area of the
building which is outside of the abatement
area, place the pumps in the building, pumps
should be placed out of doors located near
the building and away from any obstructions
that may influence wind patterns. If construction is in progress immediately outside
the enclosure, it may be necessary to select
another ambient site. Samples should be representative of any air entering the work site.
b. Locate the ambient samplers at least 3
ft apart and protect them from adverse
weather conditions.
c. Sample same volume of air as samples
taken inside the abatement site.
C. Sample Shipment
1. Ship bulk samples in a separate container from air samples. Bulk samples and
air samples delivered to the analytical laboratory in the same container shall be rejected.
2. Select a rigid shipping container and
pack the cassettes upright in a noncontaminating nonfibrous medium such as a bubble
pack. The use of resealable polyethylene
bags may help to prevent jostling of individual cassettes.
3. Avoid using expanded polystyrene because of its static charge potential. Also
avoid using particle-based packaging materials because of possible contamination.
4. Include a shipping bill and a detailed
listing of samples shipped, their descriptions
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Pt. 763, Subpt. E, App. A
and all identifying numbers or marks, sampling data, shipper’s name, and contact information. For each sample set, designate
which are the ambient samples, which are
the abatement area samples, which are the
field blanks, and which is the sealed blank if
sequential analysis is to be performed.
5. Hand-carry samples to the laboratory in
an upright position if possible; otherwise
choose that mode of transportation least
likely to jar the samples in transit.
6. Address the package to the laboratory
sample coordinator by name when known
and alert him or her of the package description, shipment mode, and anticipated arrival
as part of the chain of custody and sample
tracking procedures. This will also help the
laboratory schedule timely analysis for the
samples when they are received.
rfrederick on PROD1PC67 with CFR
D. Quality Control/Quality Assurance
Procedures (Data Quality Indicators)
Monitoring the environment for airborne
asbestos requires the use of sensitive sampling and analysis procedures. Because the
test is sensitive, it may be influenced by a
variety of factors. These include the supplies
used in the sampling operation, the performance of the sampling, the preparation of the
grid from the filter and the actual examination of this grid in the microscope. Each of
these unit operations must produce a product of defined quality if the analytical result
is to be a reliable and meaningful test result.
Accordingly, a series of control checks and
reference standards is performed along with
the sample analysis as indicators that the
materials used are adequate and the operations are within acceptable limits. In this
way, the quality of the data is defined, and
the results are of known value. These checks
and tests also provide timely and specific
warning of any problems which might develop within the sampling and analysis operations. A description of these quality control/quality assurance procedures is summarized in the text below.
1. Prescreen the loaded cassette collection
filters to assure that they do not contain
concentrations of asbestos which may interfere with the analysis of the sample. A filter
blank average of less than 18 s/mm2 in an
area of 0.057 mm2 (nominally 10 200-mesh grid
openings) and a maximum of 53 s/mm2 for
that same area for any single preparation is
acceptable for this method.
2. Calibrate sampling pumps and their flow
indicators over the range of their intended
use with a recognized standard. Assemble the
sampling system with a representative filter—not the filter which will be used in sampling—before and after the sampling operation.
3. Record all calibration information with
the data to be used on a standard sampling
form.
4. Ensure that the samples are stored in a
secure and representative location.
5. Ensure that mechanical calibrations
from the pump will be minimized to prevent
transferral of vibration to the cassette.
6. Ensure that a continuous smooth flow of
negative pressure is delivered by the pump
by installing a damping chamber if necessary.
7. Open a loaded cassette momentarily at
one of the indoor sampling sites when sampling is initiated. This sample will serve as
an indoor field blank.
8. Open a loaded cassette momentarily at
one of the outdoor sampling sites when sampling is initiated. This sample will serve as
an outdoor field blank.
9. Carry a sealed blank into the field with
each sample series. Do not open this cassette
in the field.
10. Perform a leak check of the sampling
system at each indoor and outdoor sampling
site by activating the pump with the closed
sampling cassette in line. Any flow indicates
a leak which must be eliminated before initiating the sampling operation.
11. Ensure that the sampler is turned upright before interrupting the pump flow.
12. Check that all samples are clearly labeled and that all pertinent information has
been enclosed before transfer of the samples
to the laboratory.
E. Sample Receiving
1. Designate one individual as sample coordinator at the laboratory. While that individual will normally be available to receive
samples, the coordinator may train and supervise others in receiving procedures for
those times when he/she is not available.
2. Adhere to the following procedures to
ensure both the continued chain-of-custody
and the accountability of all samples passing
through the laboratory:
a. Note the condition of the shipping package and data written on it upon receipt.
b. Retain all bills of lading or shipping
slips to document the shipper and delivery
time.
c. Examine the chain-of-custody seal, if
any, and the package for its integrity.
d. If there has been a break in the seal or
substantive damage to the package, the sample coordinator shall immediately notify the
shipper and a responsible laboratory manager before any action is taken to unpack
the shipment.
e. Packages with significant damage shall
be accepted only by the responsible laboratory manager after discussions with the client.
3. Unwrap the shipment in a clean,
uncluttered facility. The sample coordinator
or his or her designee will record the contents, including a description of each item
and all identifying numbers or marks. A
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40 CFR Ch. I (7–1–07 Edition)
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Sample Receiving Form to document this information is attached for use when necessary. (See the following Figure 3.)
Environmental Protection Agency
Pt. 763, Subpt. E, App. A
NOTE: The person breaking the chain-ofcustody seal and itemizing the contents assumes responsibility for the shipment and
signs documents accordingly.
4. Assign a laboratory number and schedule an analysis sequence.
5. Manage all chain-of-custody samples
within the laboratory such that their integrity can be ensured and documented.
rfrederick on PROD1PC67 with CFR
F. Sample Preparation
1. Personnel not affiliated with the Abatement Contractor shall be used to prepare
samples and conduct TEM analysis. Wetwipe the exterior of the cassettes to minimize contamination possibilities before taking them to the clean sample preparation facility.
2. Perform sample preparation in a wellequipped clean facility.
NOTE: The clean area is required to have
the following minimum characteristics. The
area or hood must be capable of maintaining
a positive pressure with make-up air being
HEPA filtered. The cumulative analytical
blank concentration must average less than
18 s/mm2 in an area of 0.057 s/mm2 (nominally
10 200-mesh grid openings) with no more than
one single preparation to exceed 53 s/mm2 for
that same area.
3. Preparation areas for air samples must
be separated from preparation areas for bulk
samples. Personnel must not prepare air
samples if they have previously been preparing bulk samples without performing appropriate personal hygiene procedures, i.e.,
clothing change, showering, etc.
4. Preparation. Direct preparation techniques are required. The objective is to
produce an intact carbon film containing the
particulates from the filter surface which is
sufficiently clear for TEM analysis. Currently recommended direct preparation procedures for polycarbonate (PC) and mixed
cellulose ester (MCE) filters are described in
Unit III.F.7. and 8. Sample preparation is a
subject requiring additional research. Variation on those steps which do not substantively change the procedure, which improve filter clearing or which reduce contamination problems in a laboratory are permitted.
a. Use only TEM grids that have had grid
opening areas measured according to directions in Unit III.J.
b. Remove the inlet and outlet plugs prior
to opening the cassette to minimize any
pressure differential that may be present.
c. Examples of techniques used to prepare
polycarbonate filters are described in Unit
III.F.7.
d. Examples of techniques used to prepare
mixed cellulose ester filters are described in
Unit III.F.8.
e. Prepare multiple grids for each sample.
f. Store the three grids to be measured in
appropriately labeled grid holders or polyethylene capsules.
5. Equipment.
a. Clean area.
b. Tweezers. Fine-point tweezers for handling of filters and TEM grids.
c. Scalpel Holder and Curved No. 10 Surgical Blades.
d. Microscope slides.
e. Double-coated adhesive tape.
f. Gummed page reinforcements.
g. Micro-pipet with disposal tips 10 to 100
µL variable volume.
h. Vacuum coating unit with facilities for
evaporation of carbon. Use of a liquid nitrogen cold trap above the diffusion pump will
minimize the possibility of contamination of
the filter surface by oil from the pumping
system. The vacuum-coating unit can also be
used for deposition of a thin film of gold.
i. Carbon rod electrodes. Spectrochemically
pure carbon rods are required for use in the
vacuum evaporator for carbon coating of filters.
j. Carbon rod sharpener. This is used to
sharpen carbon rods to a neck. The use of
necked carbon rods (or equivalent) allows
the carbon to be applied to the filters with a
minimum of heating.
k. Low-temperature plasma asher. This is
used to etch the surface of collapsed mixed
cellulose ester (MCE) filters. The asher
should be supplied with oxygen, and should
be modified as necessary to provide a throttle or bleed valve to control the speed of the
vacuum to minimize disturbance of the filter. Some early models of ashers admit air
too rapidly, which may disturb particulates
on the surface of the filter during the etching step.
l. Glass petri dishes, 10 cm in diameter, 1 cm
high. For prevention of excessive evaporation
of solvent when these are in use, a good seal
must be provided between the base and the
lid. The seal can be improved by grinding the
base and lid together with an abrasive grinding material.
m. Stainless steel mesh.
n. Lens tissue.
o. Copper 200-mesh TEM grids, 3 mm in diameter, or equivalent.
p. Gold 200-mesh TEM grids, 3 mm in diameter, or equivalent.
q. Condensation washer.
r. Carbon-coated, 200-mesh TEM grids, or
equivalent.
s. Analytical balance, 0.1 mg sensitivity.
t. Filter paper, 9 cm in diameter.
u. Oven or slide warmer. Must be capable
of maintaining a temperature of 65–70 °C.
v. Polyurethane foam, 6 mm thickness.
w. Gold wire for evaporation.
6. Reagents.
a. General. A supply of ultra-clean, fiberfree water must be available for washing of
all components used in the analysis. Water
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that has been distilled in glass or filtered or
deionized water is satisfactory for this purpose. Reagents must be fiber-free.
b. Polycarbonate preparation method—
chloroform.
c. Mixed Cellulose Ester (MCE) preparation
method—acetone or the Burdette procedure
(Ref. 7 of Unit III.L.).
7.
TEM
specimen
preparation
from
polycarbonate filters.
a. Specimen preparation laboratory. It is
most important to ensure that contamination of TEM specimens by extraneous asbestos fibers is minimized during preparation.
b. Cleaning of sample cassettes. Upon receipt at the analytical laboratory and before
they are taken into the clean facility or laminar flow hood, the sample cassettes must be
cleaned of any contamination adhering to
the outside surfaces.
c. Preparation of the carbon evaporator. If
the polycarbonate filter has already been
carbon-coated prior to receipt, the carbon
coating step will be omitted, unless the analyst believes the carbon film is too thin. If
there is a need to apply more carbon, the filter will be treated in the same way as an
uncoated filter. Carbon coating must be performed with a high-vacuum coating unit.
Units that are based on evaporation of carbon filaments in a vacuum generated only by
an oil rotary pump have not been evaluated
for this application, and must not be used.
The carbon rods should be sharpened by a
carbon rod sharpener to necks of about 4 mm
long and 1 mm in diameter. The rods are installed in the evaporator in such a manner
that the points are approximately 10 to 12
cm from the surface of a microscope slide
held in the rotating and tilting device.
d. Selection of filter area for carbon coating. Before preparation of the filters, a 75
mm×50 mm microscope slide is washed and
dried. This slide is used to support strips of
filter during the carbon evaporation. Two
parallel strips of double-sided adhesive tape
are applied along the length of the slide.
Polycarbonate filters are easily stretched
during handling, and cutting of areas for further preparation must be performed with
great care. The filter and the MCE backing
filter are removed together from the cassette
and placed on a cleaned glass microscope
slide. The filter can be cut with a curved
scalpel blade by rocking the blade from the
point placed in contact with the filter. The
process can be repeated to cut a strip approximately 3 mm wide across the diameter
of the filter. The strip of polycarbonate filter
is separated from the corresponding strip of
backing filter and carefully placed so that it
bridges the gap between the adhesive tape
strips on the microscope slide. The filter
strip can be held with fine-point tweezers
and supported underneath by the scalpel
blade during placement on the microscope
slide. The analyst can place several such
strips on the same microscope slide, taking
care to rinse and wet-wipe the scalpel blade
and tweezers before handling a new sample.
The filter strips should be identified by etching the glass slide or marking the slide using
a marker insoluble in water and solvents.
After the filter strip has been cut from each
filter, the residual parts of the filter must be
returned to the cassette and held in position
by reassembly of the cassette. The cassette
will then be archived for a period of 30 days
or returned to the client upon request.
e. Carbon coating of filter strips. The glass
slide holding the filter strips is placed on the
rotation-tilting device, and the evaporator
chamber is evacuated. The evaporation must
be performed in very short bursts, separated
by some seconds to allow the electrodes to
cool. If evaporation is too rapid, the strips of
polycarbonate filter will begin to curl, which
will lead to cross-linking of the surface material and make it relatively insoluble in
chloroform. An experienced analyst can
judge the thickness of carbon film to be applied, and some test should be made first on
unused filters. If the film is too thin, large
particles will be lost from the TEM specimen, and there will be few complete and
undamaged grid openings on the specimen. If
the coating is too thick, the filter will tend
to curl when exposed to chloroform vapor
and the carbon film may not adhere to the
support mesh. Too thick a carbon film will
also lead to a TEM image that is lacking in
contrast, and the ability to obtain ED patterns will be compromised. The carbon film
should be as thin as possible and remain intact on most of the grid openings of the TEM
specimen intact.
f. Preparation of the Jaffe washer. The precise design of the Jaffe washer is not considered important, so any one of the published
designs may be used. A washer consisting of
a simple stainless steel bridge is recommended. Several pieces of lens tissue approximately 1.0 cm×0.5 cm are placed on the
stainless steel bridge, and the washer is
filled with chloroform to a level where the
meniscus contacts the underside of the mesh,
which results in saturation of the lens tissue. See References 8 and 10 of Unit III.L.
g. Placing of specimens into the Jaffe
washer. The TEM grids are first placed on a
piece of lens tissue so that individual grids
can be picked up with tweezers. Using a
curved scalpel blade, the analyst excises
three 3 mm square pieces of the carbon-coated polycarbonate filter from the filter strip.
The three squares are selected from the center of the strip and from two points between
the outer periphery of the active surface and
the center. The piece of filter is placed on a
TEM specimen grid with the shiny side of
the TEM grid facing upwards, and the whole
assembly is placed boldly onto the saturated
lens tissue in the Jaffe washer. If carboncoated grids are used, the filter should be
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Pt. 763, Subpt. E, App. A
placed carbon-coated side down. The three
excised squares of filters are placed on the
same piece of lens tissue. Any number of separate pieces of lens tissue may be placed in
the same Jaffe washer. The lid is then placed
on the Jaffe washer, and the system is allowed to stand for several hours, preferably
overnight.
h. Condensation washing. It has been found
that many polycarbonate filters will not dissolve completely in the Jaffe washer, even
after being exposed to chloroform for as long
as 3 days. This problem becomes more serious if the surface of the filter was overheated
during the carbon evaporation. The presence
of undissolved filter medium on the TEM
preparation leads to partial or complete obscuration of areas of the sample, and fibers
that may be present in these areas of the
specimen will be overlooked; this will lead to
a low result. Undissolved filter medium also
compromises the ability to obtain ED patterns. Before they are counted, TEM grids
must be examined critically to determine
whether they are adequately cleared of residual filter medium. It has been found that
condensation washing of the grids after the
initial Jaffe washer treatment, with chloroform as the solvent, clears all residual filter
medium in a period of approximately 1 hour.
In practice, the piece of lens tissue supporting the specimen grids is transferred to
the cold finger of the condensation washer,
and the washer is operated for about 1 hour.
If the specimens are cleared satisfactorily by
the Jaffe washer alone, the condensation
washer step may be unnecessary.
8. TEM specimen preparation from MCE
filters.
a. This method of preparing TEM specimens from MCE filters is similar to that
specified in NIOSH Method 7402. See References 7, 8, and 9 of Unit III.L.
b. Upon receipt at the analytical laboratory, the sample cassettes must be cleaned of
any contamination adhering to the outside
surfaces before entering the clean sample
preparation area.
c. Remove a section from any quadrant of
the sample and blank filters.
d. Place the section on a clean microscope
slide. Affix the filter section to the slide
with a gummed paged reinforcement or other
suitable means. Label the slide with a water
and solvent-proof marking pen.
e. Place the slide in a petri dish which contains several paper filters soaked with 2 to 3
mL acetone. Cover the dish. Wait 2 to 4 minutes for the sample filter to fuse and clear.
f. Plasma etching of the collapsed filter is
required.
i. The microscope slide to which the collapsed filter pieces are attached is placed in
a plasma asher. Because plasma ashers vary
greatly in their performance, both from unit
to unit and between different positions in
the asher chamber, it is difficult to specify
the conditions that should be used. This is
one area of the method that requires further
evaluation. Insufficient etching will result in
a failure to expose embedded filters, and too
much etching may result in loss of particulate from the surface. As an interim measure, it is recommended that the time for
ashing of a known weight of a collapsed filter be established and that the etching rate
be calculated in terms of micrometers per
second. The actual etching time used for a
particular asher and operating conditions
will then be set such that a 1–2 µm (10 percent) layer of collapsed surface will be removed.
ii. Place the slide containing the collapsed
filters into a low-temperature plasma asher,
and etch the filter.
g. Transfer the slide to a rotating stage inside the bell jar of a vacuum evaporator.
Evaporate a 1 mm×5 mm section of graphite
rod onto the cleared filter. Remove the slide
to a clean, dry, covered petri dish.
h. Prepare a second petri dish as a Jaffe
washer with the wicking substrate prepared
from filter or lens paper placed on top of a 6
mm thick disk of clean spongy polyurethane
foam. Cut a V-notch on the edge of the foam
and filter paper. Use the V-notch as a reservoir for adding solvent. The wicking substrate should be thin enough to fit into the
petri dish without touching the lid.
i. Place carbon-coated TEM grids face up
on the filter or lens paper. Label the grids by
marking with a pencil on the filter paper or
by putting registration marks on the petri
dish lid and marking with a waterproof
marker on the dish lid. In a fume hood, fill
the dish with acetone until the wicking substrate is saturated. The level of acetone
should be just high enough to saturate the
filter paper without creating puddles.
j. Remove about a quarter section of the
carbon-coated filter samples from the glass
slides using a surgical knife and tweezers.
Carefully place the section of the filter, carbon side down, on the appropriately labeled
grid in the acetone-saturated petri dish.
When all filter sections have been transferred, slowly add more solvent to the wedgeshaped trough to bring the acetone level up
to the highest possible level without disturbing the sample preparations. Cover the
petri dish. Elevate one side of the petri dish
by placing a slide under it. This allows drops
of condensed solvent vapors to form near the
edge rather than in the center where they
would drip onto the grid preparation.
G. TEM Method
1. Instrumentation.
a. Use an 80–120 kV TEM capable of performing electron diffraction with a fluorescent screen inscribed with calibrated gradations. If the TEM is equipped with EDXA it
must either have a STEM attachment or be
capable of producing a spot less than 250 nm
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in diameter at crossover. The microscope
shall be calibrated routinely (see Unit III.J.)
for magnification and camera constant.
b. While not required on every microscope
in the laboratory, the laboratory must have
either one microscope equipped with energy
dispersive X-ray analysis or access to an
equivalent system on a TEM in another laboratory. This must be an Energy Dispersive
X-ray Detector mounted on TEM column and
associated hardware/software to collect,
save, and read out spectral information.
Calibration of Multi-Channel Analyzer shall
be checked regularly for A1 at 1.48 KeV and
Cu at 8.04 KeV, as well as the manufacturer’s
procedures.
i. Standard replica grating may be used to
determine magnification (e.g., 2160 lines/
mm).
ii. Gold standard may be used to determine
camera constant.
c. Use a specimen holder with single tilt
and/or double tilt capabilities.
2. Procedure.
a. Start a new Count Sheet for each sample
to be analyzed. Record on count sheet: analyst’s initials and date; lab sample number;
client sample number microscope identification; magnification for analysis; number of
predetermined grid openings to be analyzed;
and grid identification. See the following
Figure 4:
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b. Check that the microscope is properly
aligned and calibrated according to the manufacturer’s specifications and instructions.
c. Microscope settings: 80–120 kV, grid assessment
250–1000X,
then
15,000–20,000X
screen magnification for analysis.
d. Approximately one-half (0.5) of the predetermined sample area to be analyzed shall
be performed on one sample grid preparation
and the remaining half on a second sample
grid preparation.
e. Determine the suitability of the grid.
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40 CFR Ch. I (7–1–07 Edition)
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i. Individual grid openings with greater
than 5 percent openings (holes) or covered
with greater than 25 percent particulate
matter or obviously having nonuniform loading shall not be analyzed.
ii. Examine the grid at low magnification
(<1000X) to determine its suitability for detailed study at higher magnifications.
iii. Reject the grid if:
(1) Less than 50 percent of the grid openings covered by the replica are intact.
(2) It is doubled or folded.
(3) It is too dark because of incomplete dissolution of the filter.
iv. If the grid is rejected, load the next
sample grid.
v. If the grid is acceptable, continue on to
Step 6 if mapping is to be used; otherwise
proceed to Step 7.
f. Grid Map (Optional).
i. Set the TEM to the low magnification
mode.
ii. Use flat edge or finder grids for mapping.
iii. Index the grid openings (fields) to be
counted by marking the acceptable fields for
one-half (0.5) of the area needed for analysis
on each of the two grids to be analyzed.
These may be marked just before examining
each grid opening (field), if desired.
iv. Draw in any details which will allow
the grid to be properly oriented if it is re-
loaded into the microscope and a particular
field is to be reliably identified.
g. Scan the grid.
i. Select a field to start the examination.
ii. Choose the appropriate magnification
(15,000 to 20,000X screen magnification).
iii. Scan the grid as follows.
(1) At the selected magnification, make a
series of parallel traverses across the field.
On reaching the end of one traverse, move
the image one window and reverse the traverse.
NOTE: A slight overlap should be used so as
not to miss any part of the grid opening
(field).
(2) Make parallel traverses until the entire
grid opening (field) has been scanned.
h. Identify each structure for appearance
and size.
i. Appearance and size: Any continuous
grouping of particles in which an asbestos
fiber within aspect ratio greater than or
equal to 5:1 and a length greater than or
equal to 0.5 µm is detected shall be recorded
on the count sheet. These will be designated
asbestos structures and will be classified as
fibers, bundles, clusters, or matrices. Record
as individual fibers any contiguous grouping
having 0, 1, or 2 definable intersections.
Groupings having more than 2 intersections
are to be described as cluster or matrix. See
the following Figure 5:
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40 CFR Ch. I (7–1–07 Edition)
An intersection is a non-parallel touching or
crossing of fibers, with the projection having
an aspect ratio of 5:1 or greater. Combinations such as a matrix and cluster, matrix
and bundle, or bundle and cluster are categorized by the dominant fiber quality—cluster, bundle, and matrix, respectively. Separate categories will be maintained for fibers
less than 5 µm and for fibers greater than or
equal to 5 µm in length. Not required, but
useful, may be to record the fiber length in
1 µm intervals. (Identify each structure
morphologically and analyze it as it enters
the ‘‘window’’.)
(1) Fiber. A structure having a minimum
length greater than 0.5 µm and an aspect
ratio (length to width) of 5:1 or greater and
substantially parallel sides. Note the appearance of the end of the fiber, i.e., whether it
is flat, rounded or dovetailed, no intersections.
(2) Bundle. A structure composed of 3 or
more fibers in a parallel arrangement with
each fiber closer than one fiber diameter.
(3) Cluster. A structure with fibers in a random arrangement such that all fibers are
intermixed and no single fiber is isolated
from the group; groupings must have more
than 2 intersections.
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(4) Matrix. Fiber or fibers with one end free
and the other end embedded in or hidden by
a particulate. The exposed fiber must meet
the fiber definition.
(5) NSD. Record NSD when no structures
are detected in the field.
(6) Intersection. Non-parallel touching or
crossing of fibers, with the projection having
an aspect ratio 5:1 or greater.
ii. Structure Measurement.
(1) Recognize the structure that is to be
sized.
(2) Memorize its location in the ‘‘window’’
relative to the sides, inscribed square and to
other particulates in the field so this exact
location can be found again when scanning is
resumed.
(3) Measure the structure using the scale
on the screen.
(4) Record the length category and structure type classification on the count sheet
after the field number and fiber number.
(5) Return the fiber to its original location
in the window and scan the rest of the field
for other fibers; if the direction of travel is
not remembered, return to the right side of
the field and begin the traverse again.
i. Visual identification of Electron Diffraction (ED) patterns is required for each asbestos structure counted which would cause the
analysis to exceed the 70 s/mm2 concentration. (Generally this means the first four fibers identified as asbestos must exhibit an
identifiable diffraction pattern for chrysotile
or amphibole.)
i. Center the structure, focus, and obtain
an ED pattern. (See Microscope Instruction
Manual for more detailed instructions.)
ii. From a visual examination of the ED
pattern, obtained with a short camera
length, classify the observed structure as belonging to one of the following classifications: chrysotile, amphibole, or nonasbestos.
(1) Chrysotile: The chrysotile asbestos pattern has characteristic streaks on the layer
lines other than the central line and some
streaking also on the central line. There will
be spots of normal sharpness on the central
layer line and on alternate lines (2nd, 4th,
etc.). The repeat distance between layer lines
is 0.53 nm and the center doublet is at 0.73
nm. The pattern should display (002), (110),
(130) diffraction maxima; distances and geometry should match a chrysotile pattern
and be measured semiquantitatively.
(2) Amphibole Group [includes grunerite
(amosite),
crocidolite,
anthophyllite,
tremolite, and actinolite]: Amphibole asbestos fiber patterns show layer lines formed by
very closely spaced dots, and the repeat distance between layer lines is also about 0.53
nm. Streaking in layer lines is occasionally
present due to crystal structure defects.
(3)
Nonasbestos:
Incomplete
or
unobtainable ED patterns, a nonasbestos
EDXA, or a nonasbestos morphology.
iii. The micrograph number of the recorded
diffraction patterns must be reported to the
client and maintained in the laboratory’s
quality assurance records. The records must
also demonstrate that the identification of
the pattern has been verified by a qualified
individual and that the operator who made
the identification is maintaining at least an
80 percent correct visual identification based
on his measured patterns. In the event that
examination of the pattern by the qualified
individual indicates that the pattern had
been misidentified visually, the client shall
be contacted. If the pattern is a suspected
chrysotile, take a photograph of the diffraction pattern at 0 degrees tilt. If the structure
is suspected to be amphibole, the sample
may have to be tilted to obtain a simple geometric array of spots.
j. Energy Dispersive X-Ray Analysis
(EDXA).
i. Required of all amphiboles which would
cause the analysis results to exceed the 70 s/
mm2 concentration. (Generally speaking, the
first 4 amphiboles would require EDXA.)
ii. Can be used alone to confirm chrysotile
after the 70 s/mm2 concentration has been exceeded.
iii. Can be used alone to confirm all nonasbestos.
iv. Compare spectrum profiles with profiles
obtained from asbestos standards. The closest match identifies and categorizes the
structure.
v. If the EDXA is used for confirmation,
record the properly labeled spectrum on a
computer disk, or if a hard copy, file with
analysis data.
vi. If the number of fibers in the nonasbestos class would cause the analysis to
exceed the 70 s/mm2 concentration, their
identities must be confirmed by EDXA or
measurement of a zone axis diffraction pattern to establish that the particles are nonasbestos.
k. Stopping Rules.
i. If more than 50 asbestiform structures
are counted in a particular grid opening, the
analysis may be terminated.
ii. After having counted 50 asbestiform
structures in a minimum of 4 grid openings,
the analysis may be terminated. The grid
opening in which the 50th fiber was counted
must be completed.
iii. For blank samples, the analysis is always continued until 10 grid openings have
been analyzed.
iv. In all other samples the analysis shall
be continued until an analytical sensitivity
of 0.005 s/cm3 is reached.
l. Recording Rules. The count sheet should
contain the following information:
i. Field (grid opening): List field number.
ii. Record ‘‘NSD’’ if no structures are detected.
iii. Structure information.
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40 CFR Ch. I (7–1–07 Edition)
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(1) If fibers, bundles, clusters, and/or matrices are found, list them in consecutive numerical order, starting over with each field.
(2) Length. Record length category of asbestos fibers examined. Indicate if less than
5 µm or greater than or equal to 5 µm.
(3) Structure Type. Positive identification
of asbestos fibers is required by the method.
At least one diffraction pattern of each fiber
type from every five samples must be recorded and compared with a standard diffraction pattern. For each asbestos fiber reported, both a morphological descriptor and
an identification descriptor shall be specified
on the count sheet.
(4) Fibers classified as chrysotile must be
identified by diffraction and/or X-ray analysis and recorded on the count sheet. X-ray
analysis alone can be used as sole identification only after 70s/mm2 have been exceeded
for a particular sample.
(5) Fibers classified as amphiboles must be
identified by X-ray analysis and electron diffraction and recorded on the count sheet. (Xray analysis alone can be used as sole identification only after 70s/mm2 have been exceeded for a particular sample.)
(6) If a diffraction pattern was recorded on
film, the micrograph number must be indicated on the count sheet.
(7) If an electron diffraction was attempted
and an appropriate spectra is not observed, N
should be recorded on the count sheet.
(8) If an X-ray analysis is attempted but
not observed, N should be recorded on the
count sheet.
(9) If an X-ray analysis spectrum is stored,
the file and disk number must be recorded on
the count sheet.
m. Classification Rules.
i. Fiber. A structure having a minimum
length greater than or equal to 0.5 µm and an
aspect ratio (length to width) of 5:1 or greater and substantially parallel sides. Note the
appearance of the end of the fiber, i.e.,
whether it is flat, rounded or dovetailed.
ii. Bundle. A structure composed of three
or more fibers in a parallel arrangement
with each fiber closer than one fiber diameter.
iii. Cluster. A structure with fibers in a
random arrangement such that all fibers are
intermixed and no single fiber is isolated
from the group. Groupings must have more
than two intersections.
iv. Matrix. Fiber or fibers with one end free
and the other end embedded in or hidden by
a particulate. The exposed fiber must meet
the fiber definition.
v. NSD. Record NSD when no structures
are detected in the field.
n. After all necessary analyses of a particle
structure have been completed, return the
goniometer stage to 0 degrees, and return
the structure to its original location by recall of the original location.
o. Continue scanning until all the structures are identified, classified and sized in
the field.
p. Select additional fields (grid openings)
at low magnification; scan at a chosen magnification (15,000 to 20,000X screen magnification); and analyze until the stopping rule becomes applicable.
q. Carefully record all data as they are
being collected, and check for accuracy.
r. After finishing with a grid, remove it
from the microscope, and replace it in the
appropriate grid hold. Sample grids must be
stored for a minimum of 1 year from the date
of the analysis; the sample cassette must be
retained for a minimum of 30 days by the
laboratory or returned at the client’s request.
H. Sample Analytical Sequence
1. Carry out visual inspection of work site
prior to air monitoring.
2. Collect a minimum of five air samples
inside the work site and five samples outside
the work site. The indoor and outdoor samples shall be taken during the same time period.
3. Analyze the abatement area samples according to this protocol. The analysis must
meet the 0.005 s/cm3 analytical sensitivity.
4. Remaining steps in the analytical sequence are contained in Unit IV. of this Appendix.
I. Reporting
The following information must be reported to the client. See the following Table
II:
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1. Concentration in structures per square
millimeter and structures per cubic centimeter.
2. Analytical sensitivity used for the analysis.
3. Number of asbestos structures.
4. Area analyzed.
5. Volume of air samples (which was initially provided by client).
6. Average grid size opening.
7. Number of grids analyzed.
8. Copy of the count sheet must be included
with the report.
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Pt. 763, Subpt. E, App. A
40 CFR Ch. I (7–1–07 Edition)
9. Signature of laboratory official to indicate that the laboratory met specifications
of the AHERA method.
10. Report form must contain official laboratory identification (e.g., letterhead).
11. Type of asbestos.
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J. Calibration Methodology
NOTE: Appropriate implementation of the
method requires a person knowledgeable in
electron diffraction and mineral identification by ED and EDXA. Those inexperienced
laboratories wishing to develop capabilities
may acquire necessary knowledge through
analysis of appropriate standards and by following detailed methods as described in References 8 and 10 of Unit III.L.
1. Equipment Calibration. In this method,
calibration is required for the air-sampling
equipment and the transmission electron microscope (TEM).
a. TEM Magnification. The magnification at
the fluorescent screen of the TEM must be
calibrated at the grid opening magnification
(if used) and also at the magnification used
for fiber counting. This is performed with a
cross grating replica. A logbook must be
maintained, and the dates of calibration depend on the past history of the particular
microscope; no frequency is specified. After
any maintenance of the microscope that involved adjustment of the power supplied to
the lenses or the high-voltage system or the
mechanical disassembly of the electron optical column apart from filament exchange,
the magnification must be recalibrated. Before the TEM calibration is performed, the
analyst must ensure that the cross grating
replica is placed at the same distance from
the objective lens as the specimens are. For
instruments that incorporate an eucentric
tilting specimen stage, all speciments and
the cross grating replica must be placed at
the eucentric position.
b. Determination of the TEM magnification on the fluorescent screen.
i. Define a field of view on the fluorescent
screen either by markings or physical boundaries. The field of view must be measurable
or previously inscribed with a scale or concentric circles (all scales should be metric).
ii. Insert a diffraction grating replica (for
example a grating containing 2,160 lines/mm)
into the specimen holder and place into the
microscope. Orient the replica so that the
grating lines fall perpendicular to the scale
on the TEM fluorescent screen. Ensure that
the goniometer stage tilt is 0 degrees.
iii. Adjust microscope magnification to
10,000X or 20,000X. Measure the distance
(mm) between two widely separated lines on
the grating replica. Note the number of
spaces between the lines. Take care to measure between the same relative positions on
the lines (e.g., between left edges of lines).
NOTE: The more spaces included in the
measurement, the more accurate the final
calculation. On most microscopes, however,
the magnification is substantially constant
only within the central 8–10 cm diameter region of the fluorescent screen.
iv. Calculate the true magnification (M) on
the fluorescent screen:
M=XG/Y
where:
X=total distance (mm) between the designated grating lines;
G=calibration constant of the grating replica
(lines/mm):
Y=number of grating replica spaces counted
along X.
c. Calibration of the EDXA System. Initially, the EDXA system must be calibrated
by using two reference elements to calibrate
the energy scale of the instrument. When
this has been completed in accordance with
the manufacturer’s instructions, calibration
in terms of the different types of asbestos
can proceed. The EDXA detectors vary in
both solid angle of detection and in window
thickness. Therefore, at a particular accelerating voltage in use on the TEM, the count
rate obtained from specific dimensions of
fiber will vary both in absolute X-ray count
rate and in the relative X-ray peak heights
for different elements. Only a few minerals
are relevant for asbestos abatement work,
and in this procedure the calibration is specified in terms of a ‘‘fingerprint’’ technique.
The EDXA spectra must be recorded from individual fibers of the relevant minerals, and
identifications are made on the basis of
semiquantitative comparisons with these
reference spectra.
d. Calibration of Grid Openings.
i. Measure 20 grid openings on each of 20
random 200-mesh copper grids by placing a
grid on a glass slide and examining it under
the PCM. Use a calibrated graticule to measure the average field diameter and use this
number to calculate the field area for an average grid opening. Grids are to be randomly
selected from batches up to 1,000.
NOTE: A grid opening is considered as one
field.
ii. The mean grid opening area must be
measured for the type of specimen grids in
use. This can be accomplished on the TEM at
a properly calibrated low magnification or
on an optical microscope at a magnification
of approximately 400X by using an eyepiece
fitted with a scale that has been calibrated
against a stage micrometer. Optical microscopy utilizing manual or automated procedures may be used providing instrument calibration can be verified.
e. Determination of Camera Constant and
ED Pattern Analysis.
i. The camera length of the TEM in ED operating mode must be calibrated before ED
patterns on unknown samples are observed.
This can be achieved by using a carbon-coated grid on which a thin film of gold has been
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sputtered or evaporated. A thin film of gold
is evaporated on the specimen TEM grid to
obtain zone-axis ED patterns superimposed
with a ring pattern from the polycrystalline
gold film.
ii. In practice, it is desirable to optimize
the thickness of the gold film so that only
one or two sharp rings are obtained on the
superimposed ED pattern. Thicker gold film
would normally give multiple gold rings, but
it will tend to mask weaker diffraction spots
from the unknown fibrous particulates.
Since the unknown d-spacings of most interest in asbestos analysis are those which lie
closest to the transmitted beam, multiple
gold rings are unnecessary on zone-axis ED
patterns. An average camera constant using
multiple gold rings can be determined. The
camera constant is one-half the diameter, D,
of the rings times the interplanar spacing, d,
of the ring being measured.
K. Quality Control/Quality Assurance
Procedures (Data Quality Indicators)
pling and analysis procedures. Because the
test is sensitive, it may be influenced by a
variety of factors. These include the supplies
used in the sampling operation, the performance of the sampling, the preparation of the
grid from the filter and the actual examination of this grid in the microscope. Each of
these unit operations must produce a product of defined quality if the analytical result
is to be a reliable and meaningful test result.
Accordingly, a series of control checks and
reference standards is performed along with
the sample analysis as indicators that the
materials used are adequate and the operations are within acceptable limits. In this
way, the quality of the data is defined and
the results are of known value. These checks
and tests also provide timely and specific
warning of any problems which might develop within the sampling and analysis operations. A description of these quality control/quality assurance procedures is summarized in the following Table III:
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Monitoring the environment for airborne
asbestos requires the use of sensitive sam-
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40 CFR Ch. I (7–1–07 Edition)
1. When the samples arrive at the laboratory, check the samples and documentation
for completeness and requirements before
initiating the analysis.
2. Check all laboratory reagents and supplies for acceptable asbestos background levels.
3. Conduct all sample preparation in a
clean room environment monitored by laboratory blanks and special testing after
cleaning or servicing the room.
4. Prepare multiple grids of each sample.
5. Provide laboratory blanks with each
sample batch. Maintain a cumulative average of these results. If this average is greater
than 53 f/mm2 per 10 200-mesh grid openings,
check the system for possible sources of contamination.
6. Check for recovery of asbestos from cellulose ester filters submitted to plasma
asher.
7. Check for asbestos carryover in the plasma asher by including a blank alongside the
positive control sample.
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Pt. 763, Subpt. E, App. A
Environmental Protection Agency
Pt. 763, Subpt. E, App. A
8. Perform a systems check on the transmission electron microscope daily.
9. Make periodic performance checks of
magnification, electron diffraction and energy dispersive X-ray systems as set forth in
Table III of Unit III.K.
10. Ensure qualified operator performance
by evaluation of replicate counting, duplicate analysis, and standard sample comparisons as set forth in Table III of Unit III.K.
11. Validate all data entries.
12. Recalculate a percentage of all computations and automatic data reduction
steps as specified in Table III.
13. Record an electron diffraction pattern
of one asbestos structure from every five
samples that contain asbestos. Verify the
identification of the pattern by measurement or comparison of the pattern with patterns collected from standards under the
same conditions.
The outline of quality control procedures
presented above is viewed as the minimum
required to assure that quality data is produced for clearance testing of an asbestos
abated area. Additional information may be
gained by other control tests. Specifics on
those control procedures and options available for environmental testing can be obtained by consulting References 6, 7, and 11
of Unit III.L.
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L. References
For additional background information on
this method the following references should
be consulted.
1. ‘‘Guidelines for Controlling AsbestosContaining Materials in Buildings,’’ EPA 560/
5–85–024, June 1985.
2. ‘‘Measuring Airborne Asbestos Following
an Abatement Action,’’ USEP/Office of Pollution Prevention and Toxics, EPA 600/4–85–
049, 1985.
3. Small, John and E. Steel. Asbestos
Standards: Materials and Analytical Methods. N.B.S. Special Publication 619, 1982.
4. Campbell, W.J., R.L. Blake, L.L. Brown,
E.E. Cather, and J.J. Sjoberg. Selected Silicate Minerals and Their Asbestiform Varieties. Information Circular 8751, U.S. Bureau
of Mines, 1977.
5. Quality Assurance Handbook for Air Pollution Measurement System. Ambient Air
Methods, EPA 600/4–77–027a, USEPA, Office of
Research and Development, 1977.
6. Method 2A: Direct Measurement of Gas
Volume Through Pipes and Small Ducts. 40
CFR Part 60 Appendix A.
7. Burdette, G.J. Health & Safety Exec.,
Research & Lab. Services Div., London,
‘‘Proposed Analytical Method for Determination of Asbestos in Air.’’
8. Chatfield, E.J., Chatfield Tech. Cons.,
Ltd., Clark, T., PEI Assoc. ‘‘Standard Operating Procedure for Determination of Airborne Asbestos Fibers by Transmission Elec-
tron Microscopy Using Polycarbonate Membrane Filters.’’ WERL SOP 87–1, March 5,
1987.
9. NIOSH. Method 7402 for Asbestos Fibers,
December 11, 1986 Draft.
10. Yamate, G., S.C. Agarwall, R.D. Gibbons, IIT Research Institute, ‘‘Methodology
for the Measurement of Airborne Asbestos by
Electron Microscopy.’’ Draft report, USEPA
Contract 68–02–3266, July 1984.
11. Guidance to the Preparation of Quality
Assurance Project Plans. USEPA, Office of
Pollution Prevention and Toxics, 1984.
IV. Mandatory Interpretation of Transmission
Electron Microscopy Results To Determine
Completion of Response Actions
A. Introduction
A response action is determined to be completed by TEM when the abatement area has
been cleaned and the airborne asbestos concentration inside the abatement area is no
higher than concentrations at locations outside the abatement area. ‘‘Outside’’ means
outside the abatement area, but not necessarily outside the building. EPA reasons
that an asbestos removal contractor cannot
be expected to clean an abatement area to an
airborne asbestos concentration that is
lower than the concentration of air entering
the abatement area from outdoors or from
other parts of the building. After the abatement area has passed a thorough visual inspection, and before the outer containment
barrier is removed, a minimum of five air
samples inside the abatement area and a
minimum of five air samples outside the
abatement area must be collected. Hence,
the response action is determined to be completed when the average airborne asbestos
concentration measured inside the abatement area is not statistically different from
the average airborne asbestos concentration
measured outside the abatement area.
The inside and outside concentrations are
compared by the Z-test, a statistical test
that takes into account the variability in
the measurement process. A minimum of
five samples inside the abatement area and
five samples outside the abatement area are
required to control the false negative error
rate, i.e., the probability of declaring the removal complete when, in fact, the air concentration inside the abatement area is significantly higher than outside the abatement
area. Additional quality control is provided
by requiring three blanks (filters through
which no air has been drawn) to be analyzed
to check for unusually high filter contamination that would distort the test results.
When volumes greater than or equal to
1,199 L for a 25 mm filter and 2,799 L for a 37
mm filter have been collected and the average number of asbestos structures on samples inside the abatement area is no greater
than 70 s/mm2 of filter, the response action
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40 CFR Ch. I (7–1–07 Edition)
may be considered complete without comparing the inside samples to the outside samples. EPA is permitting this initial screening
test to save analysis costs in situations
where the airborne asbestos concentration is
sufficiently low so that it cannot be distinguished from the filter contamination/background level (fibers deposited on the filter
that are unrelated to the air being sampled).
The screening test cannot be used when volumes of less than 1,199 L for 25 mm filter or
2,799 L for a 37 mm filter are collected because the ability to distinguish levels significantly different from filter background is
reduced at low volumes.
The initial screening test is expressed in
structures per square millimeter of filter because filter background levels come from
sources other than the air being sampled and
cannot be meaningfully expressed as a concentration per cubic centimeter of air. The
value of 70 s/mm2 is based on the experience
of the panel of microscopists who consider
one structure in 10 grid openings (each grid
opening with an area of 0.0057 mm2) to be
comparable with contamination/background
levels of blank filters. The decision is based,
in part, on Poisson statistics which indicate
that four structures must be counted on a
filter before the fiber count is statistically
distinguishable from the count for one structure. As more information on the performance of the method is collected, this criterion may be modified. Since different combinations of the number and size of grid
openings are permitted under the TEM protocol, the criterion is expressed in structures
per square millimeter of filter to be consistent across all combinations. Four structures per 10 grid openings corresponds to approximately 70 s/mm2.
B. Sample Collection and Analysis
1. A minimum of 13 samples is required:
five samples collected inside the abatement
area, five samples collected outside the
abatement area, two field blanks, and one
sealed blank.
2. Sampling and TEM analysis must be
done according to either the mandatory or
nonmandatory protocols in Appendix A. At
least 0.057 mm2 of filter must be examined on
blank filters.
where YI is the average of the natural logarithms of the inside samples and YO is the
average of the natural logarithms of the outside samples, nI is the number of inside samples and nO is the number of outside samples.
The response action is considered complete if
Z is less than or equal to 1.65.
NOTE: When no fibers are counted, the calculated detection limit for that analysis is
inserted for the concentration.
2. If the abatement site does not satisfy either (1) or (2) of this Section C, the site must
be recleaned and a new set of samples collected.
D. Sequence for Analyzing Samples
It is possible to determine completion of
the response action without analyzing all
samples. Also, at any point in the process, a
decision may be made to terminate the analysis of existing samples, reclean the abatement site, and collect a new set of samples.
The following sequence is outlined to minimize the number of analyses needed to reach
a decision.
1. Analyze the inside samples.
2. If at least 1,199 L of air for a 25 mm filter
or 2,799 L of air for a 37 mm filter is collected
for each inside sample and the arithmetic
mean concentration of structures per square
millimeter of filter is less than or equal to 70
s/mm2, the response action is complete and
no further analysis is needed.
3. If less than 1,199 L of air for a 25 mm filter or 2,799 L of air for a 37 mm filter is collected for any of the inside samples, or the
arithmetic mean concentration of structures
per square millimeter of filter is greater than
70 s/mm2, analyze the three blanks.
4. If the arithmetic mean concentration of
structures per square millimeter on the
blank filters is greater than 70 s/mm2, terminate the analysis, identify and correct the
source of blank contamination, and collect a
new set of samples.
5. If the arithmetic mean concentration of
structures per square millimeter on the
blank filters is less than or equal to 70 s/
mm2, analyze the outside samples and perform the Z-test.
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C. Interpretation of Results
1. The response action shall be considered
complete if either:
a. Each sample collected inside the abatement area consists of at least 1,199 L of air
for a 25 mm filter, or 2,799 L of air for a 37
mm filter, and the arithmetic mean of their
asbestos structure concentrations per square
millimeter of filter is less than or equal to 70
s/mm2; or
b. The three blank samples have an arithmetic mean of the asbestos structure con-
centration
on
the
blank
filters that is less than or equal to 70 s/mm2 and
the average airborne asbestos concentration
measured inside the abatement area is not
statistically higher than the average airborne asbestos concentration measured outside the abatement area as determined by
the Z-test. The Z-test is carried out by calculating
Environmental Protection Agency
Pt. 763, Subpt. E, App. C
6. If the Z-statistic is less than or equal to
1.65, the response action is complete. If the
Z-statistic is greater than 1.65, reclean the
abatement site and collect a new set of samples.
[52 FR 41857, Oct. 30, 1987]
APPENDIX B TO SUBPART E OF PART 763
[RESERVED]
APPENDIX C TO SUBPART E OF PART
763—ASBESTOS MODEL ACCREDITATION PLAN
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I. Asbestos Model Accreditation Plan for States
The Asbestos Model Accreditation Plan
(MAP) for States has eight components:
(A) Definitions
(B) Initial Training
(C) Examinations
(D) Continuing Education
(E) Qualifications
(F) Recordkeeping Requirements for Training Providers
(G) Deaccreditation
(H) Reciprocity
(I) Electronic reporting
A. Definitions
For purposes of Appendix C:
1. ‘‘Friable asbestos-containing material
(ACM)’’ means any material containing more
than one percent asbestos which has been applied on ceilings, walls, structural members,
piping, duct work, or any other part of a
building, which when dry, may be crumbled,
pulverized, or reduced to powder by hand
pressure. The term includes non-friable asbestos-containing material after such previously non-friable material becomes damaged to the extent that when dry it may be
crumbled, pulverized, or reduced to powder
by hand pressure.
2. ‘‘Friable asbestos-containing building
material (ACBM)’’ means any friable ACM
that is in or on interior structural members
or other parts of a school or public and commercial building.
3. ‘‘Inspection’’ means an activity undertaken in a school building, or a public and
commercial building, to determine the presence or location, or to assess the condition
of, friable or non-friable asbestos-containing
building material (ACBM) or suspected
ACBM, whether by visual or physical examination, or by collecting samples of such material. This term includes reinspections of
friable and non-friable known or assumed
ACBM which has been previously identified.
The term does not include the following:
a. Periodic surveillance of the type described in 40 CFR 763.92(b) solely for the purpose of recording or reporting a change in
the condition of known or assumed ACBM;
b. Inspections performed by employees or
agents of Federal, State, or local government solely for the purpose of determining
compliance with applicable statutes or regulations; or
c. visual inspections of the type described
in 40 CFR 763.90(i) solely for the purpose of
determining completion of response actions.
4. ‘‘Major fiber release episode’’ means any
uncontrolled or unintentional disturbance of
ACBM, resulting in a visible emission, which
involves the falling or dislodging of more
than 3 square or linear feet of friable ACBM.
5. ‘‘Minor fiber release episode’’ means any
uncontrolled or unintentional disturbance of
ACBM, resulting in a visible emission, which
involves the falling or dislodging of 3 square
or linear feet or less of friable ACBM.
6. ‘‘Public and commercial building’’
means the interior space of any building
which is not a school building, except that
the term does not include any residential
apartment building of fewer than 10 units or
detached single-family homes. The term includes, but is not limited to: industrial and
office buildings, residential apartment buildings and condominiums of 10 or more dwelling units, government-owned buildings, colleges, museums, airports, hospitals, churches, preschools, stores, warehouses and factories. Interior space includes exterior hallways connecting buildings, porticos, and mechanical systems used to condition interior
space.
7. ‘‘Response action’’ means a method, including removal, encapsulation, enclosure,
repair, and operation and maintenance, that
protects human health and the environment
from friable ACBM.
8. ‘‘Small-scale, short-duration activities
(SSSD)’’ are tasks such as, but not limited
to:
a. Removal of asbestos-containing insulation on pipes.
b. Removal of small quantities of asbestoscontaining insulation on beams or above
ceilings.
c. Replacement of an asbestos-containing
gasket on a valve.
d. Installation or removal of a small section of drywall.
e. Installation of electrical conduits
through or proximate to asbestos-containing
materials.
SSSD can be further defined by the following considerations:
f. Removal of small quantities of ACM only
if required in the performance of another
maintenance activity not intended as asbestos abatement.
g. Removal of asbestos-containing thermal
system insulation not to exceed amounts
greater than those which can be contained in
a single glove bag.
h. Minor repairs to damaged thermal system insulation which do not require removal.
i. Repairs to a piece of asbestos-containing
wallboard.
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j. Repairs, involving encapsulation, enclosure, or removal, to small amounts of friable
ACM only if required in the performance of
emergency or routine maintenance activity
and not intended solely as asbestos abatement. Such work may not exceed amounts
greater than those which can be contained in
a single prefabricated mini-enclosure. Such
an enclosure shall conform spatially and geometrically to the localized work area, in
order to perform its intended containment
function.
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B. Initial Training
Training requirements for purposes of accreditation are specified both in terms of required subjects of instruction and in terms of
length of training. Each initial training
course has a prescribed curriculum and number of days of training. One day of training
equals 8 hours, including breaks and lunch.
Course instruction must be provided by EPA
or State-approved instructors. EPA or State
instructor approval shall be based upon a review of the instructor’s academic credentials
and/or field experience in asbestos abatement.
Beyond the initial training requirements,
individual States may wish to consider requiring additional days of training for purposes of supplementing hands-on activities
or for reviewing relevant state regulations.
States also may wish to consider the relative
merits of a worker apprenticeship program.
Further, they might consider more stringent
minimum qualification standards for the approval of training instructors. EPA recommends that the enrollment in any given
course be limited to 25 students so that adequate opportunities exist for individual
hands-on experience.
States have the option to provide initial
training directly or approve other entities to
offer training. The following requirements
are for the initial training of persons required to have accreditation under TSCA
Title II.
Training requirements for each of the five
accredited disciplines are outlined below.
Persons in each discipline perform a different job function and distinct role. Inspectors identify and assess the condition of
ACBM, or suspect ACBM. Management planners use data gathered by inspectors to assess the degree of hazard posed by ACBM in
schools to determine the scope and timing of
appropriate response actions needed for
schools. Project designers determine how asbestos abatement work should be conducted.
Lastly, workers and contractor/supervisors
carry out and oversee abatement work. In
addition, a recommended training curriculum is also presented for a sixth discipline, which is not federally-accredited,
that of ‘‘Project Monitor.’’ Each accredited
discipline and training curriculum is separate and distinct from the others. A person
seeking accreditation in any of the five accredited MAP disciplines cannot attend two
or more courses concurrently, but may attend such courses sequentially.
In several instances, initial training
courses for a specific discipline (e.g., workers, inspectors) require hands-on training.
For asbestos abatement contractor/supervisors and workers, hands-on training should
include working with asbestos-substitute
materials, fitting and using respirators, use
of glovebags, donning protective clothing,
and constructing a decontamination unit as
well as other abatement work activities.
1. WORKERS
A person must be accredited as a worker to
carry out any of the following activities with
respect to friable ACBM in a school or public
and commercial building: (1) A response action other than a SSSD activity, (2) a maintenance activity that disturbs friable ACBM
other than a SSSD activity, or (3) a response
action for a major fiber release episode. All
persons seeking accreditation as asbestos
abatement workers shall complete at least a
4–day training course as outlined below. The
4–day worker training course shall include
lectures, demonstrations, at least 14 hours of
hands-on training, individual respirator fit
testing, course review, and an examination.
Hands-on training must permit workers to
have actual experience performing tasks associated with asbestos abatement. A person
who is otherwise accredited as a contractor/
supervisor may perform in the role of a
worker without possessing separate accreditation as a worker.
Because of cultural diversity associated
with the asbestos workforce, EPA recommends that States adopt specific standards for the approval of foreign language
courses for abatement workers. EPA further
recommends the use of audio-visual materials to complement lectures, where appropriate.
The training course shall adequately address the following topics:
(a) Physical characteristics of asbestos. Identification of asbestos, aerodynamic characteristics, typical uses, and physical appearance, and a summary of abatement control
options.
(b) Potential health effects related to asbestos
exposure. The nature of asbestos-related diseases; routes of exposure; dose-response relationships and the lack of a safe exposure
level; the synergistic effect between cigarette smoking and asbestos exposure; the latency periods for asbestos-related diseases; a
discussion of the relationship of asbestos exposure to asbestosis, lung cancer, mesothelioma, and cancers of other organs.
(c) Employee personal protective equipment.
Classes and characteristics of respirator
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types; limitations of respirators; proper selection, inspection; donning, use, maintenance, and storage procedures for respirators; methods for field testing of the
facepiece-to-face seal (positive and negativepressure fit checks); qualitative and quantitative fit testing procedures; variability
between field and laboratory protection factors that alter respiratory fit (e.g., facial
hair); the components of a proper respiratory
protection program; selection and use of personal protective clothing; use, storage, and
handling of non-disposable clothing; and regulations covering personal protective equipment.
(d) State-of-the-art work practices. Proper
work practices for asbestos abatement activities, including descriptions of proper construction; maintenance of barriers and decontamination enclosure systems; positioning of warning signs; lock-out of electrical and ventilation systems; proper working techniques for minimizing fiber release;
use of wet methods; use of negative pressure
exhaust ventilation equipment; use of highefficiency particulate air (HEPA) vacuums;
proper clean-up and disposal procedures;
work practices for removal, encapsulation,
enclosure, and repair of ACM; emergency
procedures for sudden releases; potential exposure situations; transport and disposal
procedures; and recommended and prohibited
work practices.
(e) Personal hygiene. Entry and exit procedures for the work area; use of showers;
avoidance of eating, drinking, smoking, and
chewing (gum or tobacco) in the work area;
and potential exposures, such as family exposure.
(f) Additional safety hazards. Hazards encountered during abatement activities and
how to deal with them, including electrical
hazards, heat stress, air contaminants other
than asbestos, fire and explosion hazards,
scaffold and ladder hazards, slips, trips, and
falls, and confined spaces.
(g) Medical monitoring. OSHA and EPA
Worker Protection Rule requirements for
physical examinations, including a pulmonary function test, chest X-rays, and a
medical history for each employee.
(h) Air monitoring. Procedures to determine
airborne concentrations of asbestos fibers,
focusing on how personal air sampling is performed and the reasons for it.
(i) Relevant Federal, State, and local regulatory requirements, procedures, and standards.
With particular attention directed at relevant EPA, OSHA, and State regulations
concerning asbestos abatement workers.
(j) Establishment of respiratory protection
programs.
(k) Course review. A review of key aspects
of the training course.
2. CONTRACTOR/SUPERVISORS
A person must be accredited as a contractor/supervisor to supervise any of the
following activities with respect to friable
ACBM in a school or public and commercial
building: (1) A response action other than a
SSSD activity, (2) a maintenance activity
that disturbs friable ACBM other than a
SSSD activity, or (3) a response action for a
major fiber release episode. All persons seeking accreditation as asbestos abatement contractor/supervisors shall complete at least a
5–day training course as outlined below. The
training course must include lectures, demonstrations, at least 14 hours of hands-on
training, individual respirator fit testing,
course review, and a written examination.
Hands-on training must permit supervisors
to have actual experience performing tasks
associated with asbestos abatement.
EPA recommends the use of audiovisual
materials to complement lectures, where appropriate.
Asbestos abatement supervisors include
those persons who provide supervision and
direction to workers performing response actions. Supervisors may include those individuals with the position title of foreman,
working foreman, or leadman pursuant to
collective bargaining agreements. At least
one supervisor is required to be at the worksite at all times while response actions are
being conducted. Asbestos workers must
have access to accredited supervisors
throughout the duration of the project.
The contractor/supervisor training course
shall adequately address the following topics:
(a) The physical characteristics of asbestos
and asbestos-containing materials. Identification of asbestos, aerodynamic characteristics, typical uses, physical appearance, a review of hazard assessment considerations,
and a summary of abatement control options.
(b) Potential health effects related to asbestos
exposure. The nature of asbestos-related diseases; routes of exposure; dose-response relationships and the lack of a safe exposure
level; synergism between cigarette smoking
and asbestos exposure; and latency period for
diseases.
(c) Employee personal protective equipment.
Classes and characteristics of respirator
types; limitations of respirators; proper selection, inspection, donning, use, maintenance, and storage procedures for respirators; methods for field testing of the
facepiece-to-face seal (positive and negativepressure fit checks); qualitative and quantitative fit testing procedures; variability
between field and laboratory protection factors that alter respiratory fit (e.g., facial
hair); the components of a proper respiratory
protection program; selection and use of personal protective clothing; and use, storage,
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and handling of non-disposable clothing; and
regulations covering personal protective
equipment.
(d) State-of-the-art work practices. Proper
work practices for asbestos abatement activities, including descriptions of proper construction and maintenance of barriers and
decontamination enclosure systems; positioning of warning signs; lock-out of electrical and ventilation systems; proper working techniques for minimizing fiber release;
use of wet methods; use of negative pressure
exhaust ventilation equipment; use of HEPA
vacuums; and proper clean-up and disposal
procedures. Work practices for removal, encapsulation, enclosure, and repair of ACM;
emergency procedures for unplanned releases; potential exposure situations; transport and disposal procedures; and recommended and prohibited work practices.
New abatement-related techniques and
methodologies may be discussed.
(e) Personal hygiene. Entry and exit procedures for the work area; use of showers; and
avoidance of eating, drinking, smoking, and
chewing (gum or tobacco) in the work area.
Potential exposures, such as family exposure, shall also be included.
(f) Additional safety hazards. Hazards encountered during abatement activities and
how to deal with them, including electrical
hazards, heat stress, air contaminants other
than asbestos, fire and explosion hazards,
scaffold and ladder hazards, slips, trips, and
falls, and confined spaces.
(g) Medical monitoring. OSHA and EPA
Worker Protection Rule requirements for
physical examinations, including a pulmonary function test, chest X-rays and a
medical history for each employee.
(h) Air monitoring. Procedures to determine
airborne concentrations of asbestos fibers,
including descriptions of aggressive air sampling, sampling equipment and methods, reasons for air monitoring, types of samples and
interpretation of results.
EPA recommends that transmission electron microscopy (TEM) be used for analysis
of final air clearance samples, and that sample analyses be performed by laboratories accredited by the National Institute of Standards and Technology’s (NIST) National Voluntary Laboratory Accreditation Program
(NVLAP).
(i) Relevant Federal, State, and local regulatory requirements, procedures, and standards,
including:
(i) Requirements of TSCA Title II.
(ii) National Emission Standards for Hazardous Air Pollutants (40 CFR part 61), Subparts A (General Provisions) and M (National
Emission Standard for Asbestos).
(iii) OSHA standards for permissible exposure to airborne concentrations of asbestos
fibers and respiratory protection (29 CFR
1910.134).
(iv) OSHA Asbestos Construction Standard
(29 CFR 1926.58). (v)EPA Worker Protection
Rule, (40 CFR part 763, Subpart G).
(j) Respiratory Protection Programs and Medical Monitoring Programs.
(k) Insurance and liability issues. Contractor
issues; worker’s compensation coverage and
exclusions; third-party liabilities and defenses; insurance coverage and exclusions.
(l) Recordkeeping for asbestos abatement
projects. Records required by Federal, State,
and local regulations; records recommended
for legal and insurance purposes.
(m) Supervisory techniques for asbestos abatement activities. Supervisory practices to enforce and reinforce the required work practices and discourage unsafe work practices.
(n) Contract specifications. Discussions of
key elements that are included in contract
specifications.
(o) Course review. A review of key aspects
of the training course.
3. INSPECTOR
All persons who inspect for ACBM in
schools or public and commercial buildings
must be accredited. All persons seeking accreditation as an inspector shall complete at
least a 3–day training course as outlined
below. The course shall include lectures,
demonstrations, 4 hours of hands-on training, individual respirator fit-testing, course
review, and a written examination.
EPA recommends the use of audiovisual
materials to complement lectures, where appropriate. Hands-on training should include
conducting a simulated building walkthrough inspection and respirator fit testing.
The inspector training course shall adequately address the following topics:
(a) Background information on asbestos.
Identification of asbestos, and examples and
discussion of the uses and locations of asbestos in buildings; physical appearance of asbestos.
(b) Potential health effects related to asbestos
exposure. The nature of asbestos-related diseases; routes of exposure; dose-response relationships and the lack of a safe exposure
level; the synergistic effect between cigarette smoking and asbestos exposure; the latency periods for asbestos-related diseases; a
discussion of the relationship of asbestos exposure to asbestosis, lung cancer, mesothelioma, and cancers of other organs.
(c) Functions/qualifications and role of inspectors. Discussions of prior experience and
qualifications for inspectors and management planners; discussions of the functions
of an accredited inspector as compared to
those of an accredited management planner;
discussion of inspection process including inventory of ACM and physical assessment.
(d) Legal liabilities and defenses. Responsibilities of the inspector and management
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planner; a discussion of comprehensive general liability policies, claims-made, and occurrence policies, environmental and pollution liability policy clauses; state liability
insurance requirements; bonding and the relationship of insurance availability to bond
availability.
(e) Understanding building systems. The
interrelationship between building systems,
including: an overview of common building
physical plan layout; heat, ventilation, and
air conditioning (HVAC) system types, physical organization, and where asbestos is
found on HVAC components; building mechanical systems, their types and organization, and where to look for asbestos on such
systems; inspecting electrical systems, including appropriate safety precautions; reading blueprints and as-built drawings.
(f) Public/employee/building occupant relations. Notifying employee organizations
about the inspection; signs to warn building
occupants; tact in dealing with occupants
and the press; scheduling of inspections to
minimize disruptions; and education of
building occupants about actions being
taken.
(g) Pre-inspection planning and review of previous inspection records. Scheduling the inspection and obtaining access; building
record review; identification of probable homogeneous areas from blueprints or as-built
drawings; consultation with maintenance or
building personnel; review of previous inspection, sampling, and abatement records of
a building; the role of the inspector in exclusions for previously performed inspections.
(h) Inspecting for friable and non-friable
ACM and assessing the condition of friable
ACM. Procedures to follow in conducting visual inspections for friable and non-friable
ACM; types of building materials that may
contain asbestos; touching materials to determine friability; open return air plenums
and their importance in HVAC systems; assessing damage, significant damage, potential damage, and potential significant damage; amount of suspected ACM, both in total
quantity and as a percentage of the total
area; type of damage; accessibility; material’s potential for disturbance; known or
suspected causes of damage or significant
damage; and deterioration as assessment factors.
(i) Bulk sampling/documentation of asbestos.
Detailed discussion of the ‘‘Simplified Sampling Scheme for Friable Surfacing Materials (EPA 560/5-85-030a October 1985)’’; techniques to ensure sampling in a randomly distributed manner for other than friable surfacing materials; sampling of non-friable materials; techniques for bulk sampling; inspector’s sampling and repair equipment;
patching or repair of damage from sampling;
discussion of polarized light microscopy;
choosing an accredited laboratory to analyze
bulk samples; quality control and quality as-
surance procedures. EPA’s recommendation
that all bulk samples collected from school
or public and commercial buildings be analyzed by a laboratory accredited under the
NVLAP administered by NIST.
(j) Inspector respiratory protection and personal protective equipment. Classes and characteristics of respirator types; limitations of
respirators; proper selection, inspection;
donning, use, maintenance, and storage procedures for respirators; methods for field
testing of the facepiece-to-face seal (positive
and negative-pressure fit checks); qualitative and quantitative fit testing procedures; variability between field and laboratory protection factors that alter respiratory
fit (e.g., facial hair); the components of a
proper respiratory protection program; selection and use of personal protective clothing; use, storage, and handling of non-disposable clothing.
(k) Recordkeeping and writing the inspection
report. Labeling of samples and keying sample identification to sampling location; recommendations on sample labeling; detailing
of ACM inventory; photographs of selected
sampling areas and examples of ACM condition; information required for inclusion in
the management plan required for school
buildings under TSCA Title II, section 203
(i)(1). EPA recommends that States develop
and require the use of standardized forms for
recording the results of inspections in
schools or public or commercial buildings,
and that the use of these forms be incorporated into the curriculum of training conducted for accreditation.
(l) Regulatory review. The following topics
should be covered: National Emission Standards for Hazardous Air Pollutants (NESHAP;
40 CFR part 61, Subparts A and M); EPA
Worker Protection Rule (40 CFR part 763,
Subpart G); OSHA Asbestos Construction
Standard (29 CFR 1926.58); OSHA respirator
requirements (29 CFR 1910.134); the AsbestosContaining Materials in School Rule (40 CFR
part 763, Subpart E; applicable State and
local regulations, and differences between
Federal and State requirements where they
apply, and the effects, if any, on public and
nonpublic schools or commercial or public
buildings.
(m) Field trip. This includes a field exercise, including a walk-through inspection;
on-site discussion about information gathering and the determination of sampling locations; on-site practice in physical assessment; classroom discussion of field exercise.
(n) Course review. A review of key aspects
of the training course.
4. MANAGEMENT PLANNER
All persons who prepare management plans
for schools must be accredited. All persons
seeking accreditation as management planners shall complete a 3–day inspector training course as outlined above and a 2–day
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management planner training course. Possession of current and valid inspector accreditation shall be a prerequisite for admission
to the management planner training course.
The management planner course shall include lectures, demonstrations, course review, and a written examination.
EPA recommends the use of audiovisual
materials to complement lectures, where appropriate.
TSCA Title II does not require accreditation for persons performing the management
planner role in public and commercial buildings. Nevertheless, such persons may find
this training and accreditation helpful in
preparing them to design or administer asbestos operations and maintenance programs
for public and commercial buildings.
The management planner training course
shall adequately address the following topics:
(a) Course overview. The role and responsibilities of the management planner; operations and maintenance programs; setting
work priorities; protection of building occupants.
(b) Evaluation/interpretation of survey results. Review of TSCA Title II requirements
for inspection and management plans for
school buildings as given in section 203(i)(1)
of TSCA Title II; interpretation of field data
and laboratory results; comparison of field
inspector’s data sheet with laboratory results and site survey.
(c) Hazard assessment. Amplification of the
difference between physical assessment and
hazard assessment; the role of the management planner in hazard assessment; explanation of significant damage, damage, potential damage, and potential significant damage; use of a description (or decision tree)
code for assessment of ACM; assessment of
friable ACM; relationship of accessibility, vibration sources, use of adjoining space, and
air plenums and other factors to hazard assessment.
(d) Legal implications. Liability; insurance
issues specific to planners; liabilities associated with interim control measures, in-house
maintenance, repair, and removal; use of results from previously performed inspections.
(e) Evaluation and selection of control options. Overview of encapsulation, enclosure,
interim operations and maintenance, and removal; advantages and disadvantages of each
method; response actions described via a decision tree or other appropriate method;
work practices for each response action;
staging and prioritizing of work in both vacant and occupied buildings; the need for
containment barriers and decontamination
in response actions.
(f) Role of other professionals. Use of industrial hygienists, engineers, and architects in
developing technical specifications for response actions; any requirements that may
exist for architect sign-off of plans; team ap-
proach to design of high-quality job specifications.
(g) Developing an operations and maintenance (O&M) plan. Purpose of the plan; discussion of applicable EPA guidance documents; what actions should be taken by custodial staff; proper cleaning procedures;
steam cleaning and HEPA vacuuming; reducing disturbance of ACM; scheduling O&M for
off-hours; rescheduling or canceling renovation in areas with ACM; boiler room maintenance; disposal of ACM; in-house procedures
for
ACM—bridging
and
penetrating
encapsulants; pipe fittings; metal sleeves;
polyvinyl chloride (PVC), canvas, and wet
wraps; muslin with straps, fiber mesh cloth;
mineral wool, and insulating cement; discussion of employee protection programs and
staff training; case study in developing an
O&M plan (development, implementation
process, and problems that have been experienced).
(h) Regulatory review. Focusing on the
OSHA Asbestos Construction Standard found
at 29 CFR 1926.58; the National Emission
Standard for Hazardous Air Pollutants
(NESHAP) found at 40 CFR part 61, Subparts
A (General Provisions) and M (National
Emission Standard for Asbestos); EPA Worker Protection Rule found at 40 CFR part 763,
Subpart G; TSCA Title II; applicable State
regulations.
(i) Recordkeeping for the management planner. Use of field inspector’s data sheet along
with laboratory results; on-going recordkeeping as a means to track asbestos disturbance; procedures for recordkeeping. EPA
recommends that States require the use of
standardized forms for purposes of management plans and incorporate the use of such
forms into the initial training course for
management planners.
(j) Assembling and submitting the management plan. Plan requirements for schools in
TSCA Title II section 203(i)(1); the management plan as a planning tool.
(k) Financing abatement actions. Economic
analysis and cost estimates; development of
cost estimates; present costs of abatement
versus future operation and maintenance
costs; Asbestos School Hazard Abatement
Act grants and loans.
(l) Course review. A review of key aspects of
the training course.
5. PROJECT DESIGNER
A person must be accredited as a project
designer to design any of the following activities with respect to friable ACBM in a
school or public and commercial building: (1)
A response action other than a SSSD maintenance activity, (2) a maintenance activity
that disturbs friable ACBM other than a
SSSD maintenance activity, or (3) a response
action for a major fiber release episode. All
persons seeking accreditation as a project
designer shall complete at least a minimum
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3–day training course as outlined below. The
project designer course shall include lectures, demonstrations, a field trip, course review and a written examination.
EPA recommends the use of audiovisual
materials to complement lectures, where appropriate.
The abatement project designer training
course shall adequately address the following
topics:
(a) Background information on asbestos.
Identification of asbestos; examples and discussion of the uses and locations of asbestos
in buildings; physical appearance of asbestos.
(b) Potential health effects related to asbestos
exposure. Nature of asbestos-related diseases;
routes of exposure; dose-response relationships and the lack of a safe exposure level;
the synergistic effect between cigarette
smoking and asbestos exposure; the latency
period of asbestos-related diseases; a discussion of the relationship between asbestos exposure and asbestosis, lung cancer, mesothelioma, and cancers of other organs.
(c) Overview of abatement construction
projects. Abatement as a portion of a renovation project; OSHA requirements for notification of other contractors on a multi-employer site (29 CFR 1926.58).
(d) Safety system design specifications. Design, construction, and maintenance of containment barriers and decontamination enclosure systems; positioning of warning
signs; electrical and ventilation system lockout; proper working techniques for minimizing fiber release; entry and exit procedures for the work area; use of wet methods;
proper techniques for initial cleaning; use of
negative-pressure exhaust ventilation equipment; use of HEPA vacuums; proper clean-up
and disposal of asbestos; work practices as
they apply to encapsulation, enclosure, and
repair; use of glove bags and a demonstration
of glove bag use.
(e) Field trip. A visit to an abatement site
or other suitable building site, including onsite discussions of abatement design and
building walk-through inspection. Include
discussion of rationale for the concept of
functional spaces during the walk-through.
(f) Employee personal protective equipment.
Classes and characteristics of respirator
types; limitations of respirators; proper selection, inspection; donning, use, maintenance, and storage procedures for respirators; methods for field testing of the
facepiece-to-face seal (positive and negativepressure fit checks); qualitative and quantitative fit testing procedures; variability
between field and laboratory protection factors that alter respiratory fit (e.g., facial
hair); the components of a proper respiratory
protection program; selection and use of personal protective clothing; use, storage, and
handling of non-disposable clothing.
(g) Additional safety hazards. Hazards encountered during abatement activities and
how to deal with them, including electrical
hazards, heat stress, air contaminants other
than asbestos, fire, and explosion hazards.
(h) Fiber aerodynamics and control. Aerodynamic characteristics of asbestos fibers;
importance of proper containment barriers;
settling time for asbestos fibers; wet methods in abatement; aggressive air monitoring
following abatement; aggressive air movement and negative-pressure exhaust ventilation as a clean-up method.
(i) Designing abatement solutions. Discussions of removal, enclosure, and encapsulation methods; asbestos waste disposal.
(j) Final clearance process. Discussion of the
need for a written sampling rationale for aggressive final air clearance; requirements of
a complete visual inspection; and the relationship of the visual inspection to final air
clearance.
EPA recommends the use of TEM for analysis of final air clearance samples. These
samples should be analyzed by laboratories
accredited under the NIST NVLAP.
(k) Budgeting/cost estimating. Development
of cost estimates; present costs of abatement
versus future operation and maintenance
costs; setting priorities for abatement jobs
to reduce costs.
(l) Writing abatement specifications. Preparation of and need for a written project design;
means and methods specifications versus
performance specifications; design of abatement in occupied buildings; modification of
guide specifications for a particular building;
worker and building occupant health/medical
considerations; replacement of ACM with
non-asbestos substitutes.
(m) Preparing abatement drawings. Significance and need for drawings, use of as-built
drawings as base drawings; use of inspection
photographs and on-site reports; methods of
preparing abatement drawings; diagramming
containment barriers; relationship of drawings to design specifications; particular
problems related to abatement drawings.
(n) Contract preparation and administration.
(o) Legal/liabilities/defenses. Insurance considerations; bonding; hold-harmless clauses;
use of abatement contractor’s liability insurance; claims made versus occurrence policies.
(p) Replacement. Replacement of asbestos
with asbestos-free substitutes.
(q) Role of other consultants. Development
of technical specification sections by industrial hygienists or engineers; the multi-disciplinary team approach to abatement design.
(r) Occupied buildings. Special design procedures required in occupied buildings; education of occupants; extra monitoring recommendations; staging of work to minimize
occupant exposure; scheduling of renovation
to minimize exposure.
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40 CFR Ch. I (7–1–07 Edition)
(s) Relevant Federal, State, and local regulatory requirements, procedures and standards,
including, but not limited to:
(i) Requirements of TSCA Title II.
(ii) National Emission Standards for Hazardous Air Pollutants, (40 CFR part 61) subparts A (General Provisions) and M (National
Emission Standard for Asbestos).
(iii) OSHA Respirator Standard found at 29
CFR 1910.134.
(iv) EPA Worker Protection Rule found at
40 CFR part 763, subpart G.
(v) OSHA Asbestos Construction Standard
found at 29 CFR 1926.58.
(vi) OSHA Hazard Communication Standard found at 29 CFR 1926.59.
(t) Course review. A review of key aspects of
the training course.
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6. PROJECT MONITOR
EPA recommends that States adopt training and accreditation requirements for persons seeking to perform work as project
monitors. Project monitors observe abatement activities performed by contractors
and generally serve as a building owner’s
representative to ensure that abatement
work is completed according to specification
and in compliance with all relevant statutes
and regulations. They may also perform the
vital role of air monitoring for purposes of
determining final clearance. EPA recommends that a State seeking to accredit individuals as project monitors consider adopting a minimum 5–day training course covering the topics outlined below. The course
outlined below consists of lectures and demonstrations, at least 6 hours of hands-on
training, course review, and a written examination. The hands-on training component
might be satisfied by having the student
simulate participation in or performance of
any of the relevant job functions or activities (or by incorporation of the workshop
component described in item ‘‘n’’ below of
this unit).
EPA recommends that the project monitor
training course adequately address the following topics:
(a) Roles and responsibilities of the project
monitor. Definition and responsibilities of the
project monitor, including regulatory/specification compliance monitoring, air monitoring, conducting visual inspections, and
final clearance monitoring.
(b) Characteristics of asbestos and asbestoscontaining materials. Typical uses of asbestos;
physical appearance of asbestos; review of
asbestos abatement and control techniques;
presentation of the health effects of asbestos
exposure, including routes of exposure, doseresponse relationships, and latency periods
for asbestos-related diseases.
(c) Federal asbestos regulations. Overview of
pertinent
EPA
regulations,
including:
NESHAP, 40 CFR part 61, subparts A and M;
AHERA, 40 CFR part 763, subpart E; and the
EPA Worker Protection Rule, 40 CFR part
763, subpart G. Overview of pertinent OSHA
regulations, including: Construction Industry Standard for Asbestos, 29 CFR 1926.58;
Respirator Standard, 29 CFR 1910.134; and the
Hazard Communication Standard, 29 CFR
1926.59. Applicable State and local asbestos
regulations; regulatory interrelationships.
(d) Understanding building construction and
building systems. Building construction basics, building physical plan layout; understanding building systems (HVAC, electrical,
etc.); layout and organization, where asbestos is likely to be found on building systems;
renovations and the effect of asbestos abatement on building systems.
(e) Asbestos abatement contracts, specifications, and drawings. Basic provisions of the
contract; relationships between principle
parties, establishing chain of command;
types of specifications, including means and
methods, performance, and proprietary and
nonproprietary; reading and interpreting
records and abatement drawings; discussion
of change orders; common enforcement responsibilities and authority of project monitor.
(f) Response actions and abatement practices.
Pre-work inspections; pre-work considerations, precleaning of the work area, removal of furniture, fixtures, and equipment;
shutdown/modification of building systems;
construction and maintenance of containment barriers, proper demarcation of work
areas; work area entry/exit, hygiene practices; determining the effectiveness of air filtration equipment; techniques for minimizing fiber release, wet methods, continuous cleaning; abatement methods other
than removal; abatement area clean-up procedures; waste transport and disposal procedures; contingency planning for emergency
response.
(g) Asbestos abatement equipment. Typical
equipment found on an abatement project;
air filtration devices, vacuum systems, negative pressure differential monitoring; HEPA
filtration units, theory of filtration, design/
construction of HEPA filtration units, qualitative and quantitative performance of
HEPA filtration units, sizing the ventilation
requirements, location of HEPA filtration
units, qualitative and quantitative tests of
containment barrier integrity; best available
technology.
(h) Personal protective equipment. Proper selection of respiratory protection; classes and
characteristics of respirator types, limitations of respirators; proper use of other safety equipment, protective clothing selection,
use, and proper handling, hard/bump hats,
safety shoes; breathing air systems, high
pressure v. low pressure, testing for Grade D
air, determining proper backup air volumes.
(i) Air monitoring strategies. Sampling
equipment, sampling pumps (low v. high volume), flow regulating devices (critical and
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limiting orifices), use of fibrous aerosol monitors on abatement projects; sampling
media, types of filters, types of cassettes, filter orientation, storage and shipment of filters; calibration techniques, primary calibration standards, secondary calibration
standards, temperature/pressure effects, frequency of calibration, recordkeeping and
field work documentation, calculations; air
sample analysis, techniques available and
limitations of AHERA on their use, transmission electron microscopy (background to
sample preparation and analysis, air sample
conditions which prohibit analysis, EPA’s
recommended technique for analysis of final
air clearance samples), phase contrast microscopy (background to sample preparation,
and AHERA’s limits on the use of phase contrast microscopy), what each technique
measures; analytical methodologies, AHERA
TEM protocol, NIOSH 7400, OSHA reference
method (non clearance), EPA recommendation for clearance (TEM); sampling strategies for clearance monitoring, types of air
samples (personal breathing zone v. fixedstation area) sampling location and objectives (pre-abatement, during abatement, and
clearance monitoring), number of samples to
be collected, minimum and maximum air
volumes, clearance monitoring (post-visualinspection) (number of samples required, selection of sampling locations, period of sampling, aggressive sampling, interpretations
of sampling results, calculations), quality
assurance; special sampling problems, crawl
spaces, acceptable samples for laboratory
analysis, sampling in occupied buildings
(barrier monitoring).
(j) Safety and health issues other than asbestos. Confined-space entry, electrical hazards,
fire and explosion concerns, ladders and scaffolding, heat stress, air contaminants other
than asbestos, fall hazards, hazardous materials on abatement projects.
(k) Conducting visual inspections. Inspections during abatement, visual inspections
using the ASTM E1368 document; conducting
inspections for completeness of removal; discussion of ‘‘how clean is clean?’’
(l) Legal responsibilities and liabilities of
project monitors. Specification enforcement
capabilities; regulatory enforcement; licensing; powers delegated to project monitors
through contract documents.
(m) Recordkeeping and report writing. Developing project logs/daily logs (what should be
included, who sees them); final report preparation; recordkeeping under Federal regulations.
(n) Workshops (6 hours spread over 3 days).
Contracts, specifications, and drawings: This
workshop could consist of each participant
being issued a set of contracts, specifications, and drawings and then being asked to
answer questions and make recommendations to a project architect, engineer or to
the building owner based on given conditions
and these documents.
Air monitoring strategies/asbestos abatement equipment: This workshop could consist of simulated abatement sites for which
sampling strategies would have to be developed (i.e., occupied buildings, industrial situations). Through demonstrations and exhibition, the project monitor may also be able
to gain a better understanding of the function of various pieces of equipment used on
abatement projects (air filtration units,
water filtration units, negative pressure
monitoring devices, sampling pump calibration devices, etc.).
Conducting visual inspections: This workshop could consist, ideally, of an interactive
video in which a participant is ‘‘taken
through’’ a work area and asked to make
notes of what is seen. A series of questions
will be asked which are designed to stimulate a person’s recall of the area. This workshop could consist of a series of two or three
videos with different site conditions and different degrees of cleanliness.
C. Examinations
1. Each State shall administer a closed
book examination or designate other entities
such as State-approved providers of training
courses to administer the closed-book examination to persons seeking accreditation who
have completed an initial training course.
Demonstration testing may also be included
as part of the examination. A person seeking
initial accreditation in a specific discipline
must pass the examination for that discipline in order to receive accreditation. For
example, a person seeking accreditation as
an abatement project designer must pass the
State’s examination for abatement project
designer.
States may develop their own examinations, have providers of training courses develop examinations, or use standardized examinations developed for purposes of accreditation under TSCA Title II. In addition,
States may supplement standardized examinations with questions about State regulations. States may obtain commercially developed standardized examinations, develop
standardized examinations independently, or
do so in cooperation with other States, or
with commercial or non-profit providers on a
regional or national basis. EPA recommends
the use of standardized, scientifically-validated testing instruments, which may be
beneficial in terms of both promoting competency and in fostering accreditation reciprocity between States.
Each examination shall adequately cover
the topics included in the training course for
that discipline. Each person who completes a
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training course, passes the required examination, and fulfills whatever other requirements the State imposes must receive an accreditation certificate in a specific discipline. Whether a State directly issues accreditation certificates, or authorizes training providers to issue accreditation certificates, each certificate issued to an accredited person must contain the following minimum information:
a. A unique certificate number
b. Name of accredited person
c. Discipline of the training course completed.
d. Dates of the training course.
e. Date of the examination.
f. An expiration date of 1 year after the
date upon which the person successfully
completed the course and examination.
g. The name, address, and telephone number of the training provider that issued the
certificate.
h. A statement that the person receiving
the certificate has completed the requisite
training for asbestos accreditation under
TSCA Title II.
States or training providers who reaccredit
persons based upon completion of required
refresher training must also provide accreditation certificates with all of the above information, except the examination date may
be omitted if a State does not require a refresher examination for reaccreditation.
Where a State licenses accredited persons
but has authorized training providers to
issue accreditation certificates, the State
may issue licenses in the form of photo-identification cards. Where this applies, EPA recommends that the State licenses should include all of the same information required
for the accreditation certificates. A State
may also choose to issue photo-identification cards in addition to the required accreditation certificates.
Accredited persons must have their initial
and current accreditation certificates at the
location where they are conducting work.
2. The following are the requirements for
examination in each discipline:
a. Worker:
i. 50 multiple-choice questions
ii. Passing score: 70 percent correct
b. Contractor/Supervisor:
i. 100 multiple-choice questions
ii. Passing score: 70 percent correct
c. Inspector:
i. 50 Multiple-choice questions
ii. Passing score: 70 percent correct
d. Management Planner:
i. 50 Multiple-choice questions
ii. Passing score: 70 percent correct
e. Project Designer:
i. 100 multiple-choice questions
ii. Passing score: 70 percent correct
D. Continuing Education
For all disciplines, a State’s accreditation
program shall include annual refresher training as a requirement for reaccreditation as
indicated below:
1. Workers: One full day of refresher training.
2. Contractor/Supervisors: One full day of
refresher training.
3. Inspectors: One half-day of refresher
training.
4. Management Planners: One half-day of
inspector refresher training and one half-day
of refresher training for management planners.
5. Project Designers: One full day of refresher training.
The refresher courses shall be specific to
each discipline. Refresher courses shall be
conducted as separate and distinct courses
and not combined with any other training
during the period of the refresher course. For
each discipline, the refresher course shall review and discuss changes in Federal, State,
and local regulations, developments in stateof-the-art procedures, and a review of key aspects of the initial training course as determined by the State. After completing the annual refresher course, persons shall have
their accreditation extended for an additional year from the date of the refresher
course. A State may consider requiring persons to pass reaccreditation examinations at
specific intervals (for example, every 3
years).
EPA recommends that States formally establish a 12-month grace period to enable
formerly accredited persons with expired
certificates to complete refresher training
and have their accreditation status reinstated without having to re-take the initial
training course.
E. Qualifications
In addition to requiring training and an examination, a State may require candidates
for accreditation to meet other qualification
and/or experience standards that the State
considers appropriate for some or all disciplines. States may choose to consider requiring qualifications similar to the examples outlined below for inspectors, management planners and project designers. States
may modify these examples as appropriate.
In addition, States may want to include
some requirements based on experience in
performing a task directly as a part of a job
or in an apprenticeship role. They may also
wish to consider additional criteria for the
approval of training course instructors beyond those prescribed by EPA.
1. Inspectors: Qualifications - possess a
high school diploma. States may want to require an Associate’s Degree in specific fields
(e.g., environmental or physical sciences).
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2. Management Planners: Qualifications Registered architect, engineer, or certified
industrial hygienist or related scientific
field.
3. Project Designers: Qualifications - registered architect, engineer, or certified industrial hygienist.
4. Asbestos Training Course Instructor:
Qualifications - academic credentials and/or
field experience in asbestos abatement.
EPA recommends that States prescribe
minimum qualification standards for training instructors employed by training providers.
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F. Recordkeeping Requirements for Training
Providers
All approved providers of accredited asbestos training courses must comply with the
following minimum recordkeeping requirements.
1. Training course materials. A training
provider must retain copies of all instructional materials used in the delivery of the
classroom training such as student manuals,
instructor notebooks and handouts.
2. Instructor qualifications. A training provider must retain copies of all instructors’
resumes, and the documents approving each
instructor issued by either EPA or a State.
Instructors must be approved by either EPA
or a State before teaching courses for accreditation purposes. A training provider must
notify EPA or the State, as appropriate, in
advance whenever it changes course instructors. Records must accurately identify the
instructors that taught each particular
course for each date that a course is offered.
3. Examinations. A training provider must
document that each person who receives an
accreditation certificate for an initial training course has achieved a passing score on
the examination. These records must clearly
indicate the date upon which the exam was
administered, the training course and discipline for which the exam was given, the
name of the person who proctored the exam,
a copy of the exam, and the name and test
score of each person taking the exam. The
topic and dates of the training course must
correspond to those listed on that person’s
accreditation certificate. States may choose
to apply these same requirements to examinations for refresher training courses.
4. Accreditation certificates. The training
providers or States, whichever issues the accreditation
certificate,
shall
maintain
records that document the names of all persons who have been awarded certificates,
their certificate numbers, the disciplines for
which accreditation was conferred, training
and expiration dates, and the training location. The training provider or State shall
maintain the records in a manner that allows verification by telephone of the required information.
5. Verification of certificate information.
EPA recommends that training providers of
refresher training courses confirm that their
students possess valid accreditation before
granting course admission. EPA further recommends that training providers offering
the initial management planner training
course verify that students have met the prerequisite of possessing valid inspector accreditation at the time of course admission.
6. Records retention and access. (a) The
training provider shall maintain all required
records for a minimum of 3 years. The training provider, however, may find it advantageous to retain these records for a longer
period of time.
(b) The training provider must allow reasonable access to all of the records required
by the MAP, and to any other records which
may be required by States for the approval
of asbestos training providers or the accreditation of asbestos training courses, to both
EPA and to State Agencies, on request. EPA
encourages training providers to make this
information equally accessible to the general
public.
(c) If a training provider ceases to conduct
training, the training provider shall notify
the approving government body (EPA or the
State) and give it the opportunity to take
possession of that providers asbestos training records.
G. Deaccreditation
1. States must establish criteria and procedures for deaccrediting persons accredited as
workers, contractor/supervisors, inspectors,
management planners, and project designers.
States must follow their own administrative
procedures in pursuing deaccreditation actions. At a minimum, the criteria shall include:
(a) Performing work requiring accreditation at a job site without being in physical
possession of initial and current accreditation certificates;
(b) Permitting the duplication or use of
one’s own accreditation certificate by another;
(c) Performing work for which accreditation has not been received; or
(d) Obtaining accreditation from a training
provider that does not have approval to offer
training for the particular discipline from either EPA or from a State that has a contractor accreditation plan at least as stringent as the EPA MAP.
EPA may directly pursue deaccreditation
actions
without
reliance
on
State
deaccreditation or enforcement authority or
actions. In addition to the above-listed situations, the Administrator may suspend or revoke the accreditation of persons who have
been subject to a final order imposing a civil
penalty or convicted under section 16 of
TSCA, 15 U.S.C. 2615 or 2647, for violations of
40 CFR part 763, or section 113 of the Clean
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40 CFR Ch. I (7–1–07 Edition)
Air Act, 42 U.S.C. 7413, for violations of 40
CFR part 61, subpart M.
2. Any person who performs asbestos work
requiring accreditation under section 206(a)
of TSCA, 15 U.S.C. 2646(a), without such accreditation is in violation of TSCA. The following persons are not accredited for purposes of section 206(a) of TSCA:
(a) Any person who obtains accreditation
through fraudulent representation of training or examination documents;
(b) Any person who obtains training documentation through fraudulent means;
(c) Any person who gains admission to and
completes refresher training through fraudulent representation of initial or previous refresher training documentation; or
(d) Any person who obtains accreditation
through fraudulent representation of accreditation requirements such as education,
training, professional registration, or experience.
H. Reciprocity
EPA recommends that each State establish
reciprocal arrangements with other States
that have established accreditation programs that meet or exceed the requirements
of the MAP. Such arrangements might address cooperation in licensing determinations, the review and approval of training
programs and/or instructors, candidate testing and exam administration, curriculum development, policy formulation, compliance
monitoring, and the exchange of information
and data. The benefits to be derived from
these arrangements include a potential costsavings from the reduction of duplicative activity and the attainment of a more professional accredited workforce as States are
able to refine and improve the effectiveness
of their programs based upon the experience
and methods of other States.
I. Electronic Reporting
States that choose to receive electronic
documents must include, at a minimum, the
requirements of 40 CFR Part 3—(Electronic
reporting) in their programs.
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II. EPA Approval Process for State
Accreditation Programs
A. States may seek approval for a single
discipline or all disciplines as specified in
the MAP. For example, a State that currently only requires worker accreditation
may receive EPA approval for that discipline
alone. EPA encourages States that currently
do not have accreditation requirements for
all disciplines required under section
206(b)(2) of TSCA, 15 U.S.C. 2646(b)(2), to seek
EPA approval for those disciplines the State
does accredit. As States establish accreditation requirements for the remaining disciplines, the requested information outlined
below should be submitted to EPA as soon as
possible. Any State that had an accreditation program approved by EPA under an earlier version of the MAP may follow the same
procedures to obtain EPA approval of their
accreditation program under this MAP.
B. Partial approval of a State Program for
the accreditation of one or more disciplines
does not mean that the State is in full compliance with TSCA where the deadline for
that State to have adopted a State Plan no
less stringent than the MAP has already
passed. State Programs which are at least as
stringent as the MAP for one or more of the
accredited disciplines may, however, accredit persons in those disciplines only.
C. States seeking EPA approval or reapproval of accreditation programs shall
submit the following information to the Regional Asbestos Coordinator at their EPA
Regional office:
1. A copy of the legislation establishing or
upgrading the State’s accreditation program
(if applicable).
2. A copy of the State’s accreditation regulations or revised regulations.
3. A letter to the Regional Asbestos Coordinator that clearly indicates how the State
meets the program requirements of this
MAP. Addresses for each of the Regional Asbestos Coordinators are shown below:
EPA, Region I, (ATC-111) Asbestos Coordinator, JFK Federal Bldg., Boston, MA
02203-2211, (617) 565-3836.
EPA, Region II, (MS-500), Asbestos Coordinator, 2890 Woodbridge Ave., Edison, NJ
08837-3679, (908) 321-6671.
EPA, Region III, (3AT-33), Asbestos Coordinator, 841 Chestnut Bldg., Philadelphia, PA
19107, (215) 597-3160.
EPA, Region IV, Asbestos Coordinator, 345
Courtland St., N.E., Atlanta, GA 30365,
(404) 347-5014.
EPA, Region V, (SP-14J), Asbestos Coordinator, 77 W. Jackson Blvd., Chicago, IL
60604-3590, (312) 886-6003.
EPA, Region VI, (6T-PT), Asbestos Coordinator, 1445 Ross Ave. Dallas, TX 75202-2744,
(214) 655-7244.
EPA, Region VII, (ARTX/ASBS), Asbestos
Coordinator, 726 Minnesota Ave., Kansas
City, KS 66101, (913) 551-7020.
EPA, Region VIII, (8AT-TS), Asbestos Coordinator, 1 Denver Place, Suite 500 999 - 18th
St., Denver, CO 80202-2405, (303) 293-1442.
EPA, Region IX, (A-4-4), Asbestos Coordinator, 75 Hawthorne St., San Francisco, CA
94105, (415) 744-1128.
EPA, Region X, (AT-083), Asbestos Coordinator, 1200 Sixth Ave., Seattle, WA 98101,
(206) 553-4762.
EPA maintains a listing of all those States
that have applied for and received EPA approval for having accreditation requirements
that are at least as stringent as the MAP for
one or more disciplines. Any training courses
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approved by an EPA-approved State Program are considered to be EPA-approved for
purposes of accreditation.
III. Approval of Training Courses
Individuals or groups wishing to sponsor
training courses for disciplines required to
be accredited under section 206(b)(1)(A) of
TSCA, 15 U.S.C. 2646(b)(1)(A), may apply for
approval from States that have accreditation
program requirements that are at least as
stringent as this MAP. For a course to receive approval, it must meet the requirements for the course as outlined in this
MAP, and any other requirements imposed
by the State from which approval is being
sought. Courses that have been approved by
a State with an accreditation program at
least as stringent as this MAP are approved
under section 206(a) of TSCA, 15 U.S.C.
2646(a), for that particular State, and also for
any other State that does not have an accreditation program as stringent as this
MAP.
A. Initial Training Course Approval
A training provider must submit the following minimum information to a State as
part of its application for the approval of
each training course:
1. The course provider’s name, address, and
telephone number.
2. A list of any other States that currently
approve the training course.
3. The course curriculum.
4. A letter from the provider of the training course that clearly indicates how the
course meets the MAP requirements for:
a. Length of training in days.
b. Amount and type of hands-on training.
c. Examination (length, format, and passing score).
d. Topics covered in the course.
5. A copy of all course materials (student
manuals, instructor notebooks, handouts,
etc.).
6. A detailed statement about the development of the examination used in the course.
7. Names and qualifications of all course
instructors. Instructors must have academic
and/or field experience in asbestos abatement.
8. A description of and an example of the
numbered certificates issued to students who
attend the course and pass the examination.
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B. Refresher Training Course Approval
The following minimum information is required for approval of refresher training
courses by States:
1. The length of training in half-days or
days.
2. The topics covered in the course.
3. A copy of all course materials (student
manuals, instructor notebooks, handouts,
etc.).
4. The names and qualifications of all
course instructors. Instructors must have
academic and/or field experience in asbestos
abatement.
5. A description of and an example of the
numbered certificates issued to students who
complete the refresher course and pass the
examination, if required.
C. Withdrawal of Training Course Approval
States must establish criteria and procedures for suspending or withdrawing approval from accredited training programs.
States should follow their own administrative procedures in pursuing actions for suspension or withdrawal of approval of training programs. At a minimum, the criteria
shall include:
(1) Misrepresentation of the extent of a
training course’s approval by a State or
EPA;
(2) Failure to submit required information
or notifications in a timely manner;
(3) Failure to maintain requisite records;
(4) Falsification of accreditation records,
instructor qualifications, or other accreditation information; or
(5) Failure to adhere to the training standards and requirements of the EPA MAP or
State Accreditation Program, as appropriate.
In addition to the criteria listed above,
EPA may also suspend or withdraw a training course’s approval where an approved
training course instructor, or other person
with supervisory authority over the delivery
of training has been found in violation of
other asbestos regulations administered by
EPA. An administrative or judicial finding of
violation, or execution of a consent agreement and order under 40 CFR 22.18, constitutes evidence of a failure to comply with
relevant statutes or regulations. States may
wish to adopt this criterion modified to include their own asbestos statutes or regulations. EPA may also suspend or withdraw approval of training programs where a training
provider has submitted false information as
a part of the self-certification required under
Unit V.B. of the revised MAP.
Training course providers shall permit representatives of EPA or the State which approved their training courses to attend,
evaluate, and monitor any training course
without charge. EPA or State compliance inspection staff are not required to give advance notice of their inspections. EPA may
suspend or withdraw State or EPA approval
of a training course based upon the criteria
specified in this Unit III.C.
IV. EPA Procedures for Suspension or Revocation of Accreditation or Training Course Approval.
A. If the Administrator decides to suspend
or revoke the accreditation of any person or
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suspend or withdraw the approval of a training course, the Administrator will notify the
affected entity of the following:
1. The grounds upon which the suspension,
revocation, or withdrawal is based.
2. The time period during which the suspension, revocation, or withdrawal is effective, whether permanent or otherwise.
3. The conditions, if any, under which the
affected entity may receive accreditation or
approval in the future.
4. Any additional conditions which the Administrator may impose.
5. The opportunity to request a hearing
prior to final Agency action to suspend or revoke accreditation or suspend or withdraw
approval.
B. If a hearing is requested by the accredited person or training course provider pursuant to the preceding paragraph, the Administrator will:
1. Notify the affected entity of those assertions of law and fact upon which the action
to suspend, revoke, or withdraw is based.
2. Provide the affected entity an opportunity to offer written statements of facts,
explanations, comments, and arguments relevant to the proposed action.
3. Provide the affected entity such other
procedural opportunities as the Administrator may deem appropriate to ensure a fair
and impartial hearing.
4. Appoint an EPA attorney as Presiding
Officer to conduct the hearing. No person
shall serve as Presiding Officer if he or she
has had any prior connection with the specific case.
C. The Presiding Officer appointed pursuant to the preceding paragraph shall:
1. Conduct a fair, orderly, and impartial
hearing, without unnecessary delay.
2. Consider all relevant evidence, explanation, comment, and argument submitted
pursuant to the preceding paragraph.
3. Promptly notify the affected entity of
his or her decision and order. Such an order
is a final Agency action.
D. If the Administrator determines that
the public health, interest, or welfare warrants immediate action to suspend the accreditation of any person or the approval of
any training course provider, the Administrator will:
1. Notify the affected entity of the grounds
upon which the emergency suspension is
based;
2. Notify the affected entity of the time period during which the emergency suspension
is effective.
3. Notify the affected entity of the Administrator’s intent to suspend or revoke accreditation or suspend or withdraw training
course approval, as appropriate, in accordance with Unit IV.A. above. If such suspension, revocation, or withdrawal notice has
not previously been issued, it will be issued
at the same time the emergency suspension
notice is issued.
E. Any notice, decision, or order issued by
the Administrator under this section, and
any documents filed by an accredited person
or approved training course provider in a
hearing under this section, shall be available
to the public except as otherwise provided by
section 14 of TSCA or by 40 CFR part 2. Any
such hearing at which oral testimony is presented shall be open to the public, except
that the Presiding Officer may exclude the
public to the extent necessary to allow presentation of information which may be entitled to confidential treatment under section
14 of TSCA or 40 CFR part 2.
V. Implementation Schedule
The various requirements of this MAP become effective in accordance with the following schedules:
A. Requirements applicable to State
Programs
1. Each State shall adopt an accreditation
plan that is at least as stringent as this MAP
within 180 days after the commencement of
the first regular session of the legislature of
the State that is convened on or after April
4, 1994.
2. If a State has adopted an accreditation
plan at least as stringent as this MAP as of
April 4, 1994, the State may continue to:
a. Conduct TSCA training pursuant to this
MAP.
b. Approve training course providers to
conduct training and to issue accreditation
that satisfies the requirements for TSCA accreditation under this MAP.
c. Issue accreditation that satisfies the requirements for TSCA accreditation under
this MAP.
3. A State that had complied with an earlier version of the MAP, but has not adopted
an accreditation plan at least as stringent as
this MAP by April 4, 1994, may:
a. Conduct TSCA training which remains
in compliance with the requirements of Unit
V.B. of this MAP. After such training has
been self-certified in accordance with Unit
V.B. of this MAP, the State may issue accreditation that satisfies the requirement for
TSCA accreditation under this MAP.
b. Sustain its approval for any training
course providers to conduct training and
issue TSCA accreditation that the State had
approved before April 4, 1994, and that remain in compliance with Unit V.B. of this
MAP.
c. Issue accreditation pursuant to an earlier version of the MAP that provisionally
satisfies the requirement for TSCA accreditation until October 4, 1994.
Such a State may not approve new TSCA
training course providers to conduct training
or to issue TSCA accreditation that satisfies
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the requirements of this MAP until the
State adopts an accreditation plan that is at
least as stringent as this MAP.
4. A State that had complied with an earlier version of the MAP, but fails to adopt a
plan as stringent as this MAP by the deadline established in Unit V.A.1., is subject to
the following after that deadline date:
a. The State loses any status it may have
held as an EPA-approved State for accreditation purposes under section 206 of TSCA, 15
U.S.C. 2646.
b. All training course providers approved
by the State lose State approval to conduct
training and issue accreditation that satisfies the requirements for TSCA accreditation
under this MAP.
c. The State may not:
i. Conduct training for accreditation purposes under section 206 of TSCA, 15 U.S.C.
2646.
ii. Approve training course providers to
conduct training or issue accreditation that
satisfies the requirements for TSCA accreditation; or
iii. Issue accreditation that satisfies the
requirement for TSCA accreditation.
EPA will extend EPA-approval to any
training course provider that loses State approval because the State does not comply
with the deadline, so long as the provider is
in compliance with Unit V.B. of this MAP,
and the provider is approved by a State that
had complied with an earlier version of the
MAP as of the day before the State loses its
EPA approval.
5. A State that does not have an accreditation program that satisfies the requirements
for TSCA accreditation under either an earlier version of the MAP or this MAP, may
not:
a. Conduct training for accreditation purposes under section 206 of TSCA, 15 U.S.C.
2646;
b. Approve training course providers to
conduct training or issue accreditation that
satisfies the requirements for TSCA accreditation; or
c. Issue accreditation that satisfies the requirement for TSCA accreditation.
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B. Requirements applicable to Training
Courses and Providers
As of October 4, 1994, an approved training
provider must certify to EPA and to any
State that has approved the provider for
TSCA accreditation, that each of the provider’s training courses complies with the requirements of this MAP. The written submission must document in specific detail the
changes made to each training course in
order to comply with the requirements of
this MAP and clearly state that the provider
is also in compliance with all other requirements of this MAP, including the new recordkeeping and certificate provisions. Each
submission must include the following state-
ment signed by an authorized representative
of the training provider: ‘‘Under civil and
criminal penalties of law for the making or
submission of false or fraudulent statements
or representations (18 U.S.C. 1001 and 15
U.S.C. 2615), I certify that the training described in this submission complies with all
applicable requirements of Title II of TSCA,
40 CFR part 763, Appendix C to Subpart E, as
revised, and any other applicable Federal,
state, or local requirements.’’ A consolidated
self-certification submission from each
training provider that addresses all of its approved training courses is permissible and
encouraged.
The self-certification must be sent via registered mail, to EPA Headquarters at the following address: Attn. Self-Certification Program, Field Programs Branch, Chemical
Management Division (7404), Office of Pollution Prevention and Toxics, Environmental
Protection Agency, 1200 Pennsylvania Ave.,
NW., Washington, DC 20460. A duplicate copy
of the complete submission must also be sent
to any States from which approval had been
obtained.
The timely receipt of a complete self-certification by EPA and all approving States
shall have the effect of extending approval
under this MAP to the training courses offered by the submitting provider. If a selfcertification is not received by the approving
government bodies on or before the due date,
the affected training course is not approved
under this MAP. Such training providers
must then reapply for approval of these
training courses pursuant to the procedures
outlined in Unit III.
C. Requirements applicable to Accredited
Persons.
Persons accredited by a State with an accreditation program no less stringent than
an earlier version of the MAP or by an EPAapproved training provider as of April 3, 1994,
are accredited in accordance with the requirements of this MAP, and are not required to retake initial training. They must
continue to comply with the requirements
for annual refresher training in Unit I.D. of
the revised MAP.
D. Requirements applicable to NonAccredited Persons.
In order to perform work requiring accreditation under TSCA Title II, persons who are
not accredited by a State with an accreditation program no less stringent than an earlier version of the MAP or by an EPA-approved training provider as of April 3, 1994,
must comply with the upgraded training requirements of this MAP by no later than October 4, 1994. Non-accredited persons may obtain initial accreditation on a provisional
basis by successfully completing any of the
training programs approved under an earlier
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40 CFR Ch. I (7–1–07 Edition)
version of the MAP, and thereby perform
work during the first 6 months after this
MAP takes effect. However, by October 4,
1994, these persons must have successfully
completed an upgraded training program
that fully complies with the requirements of
this MAP in order to continue to perform
work requiring accreditation under section
206 of TSCA, 15 U.S.C. 2646.
[59 FR 5251, Feb. 3, 1994, as amended at 60 FR
31922, June 19, 1995; 70 FR 59889, Oct. 13, 2005]
APPENDIX D TO SUBPART E OF PART
763—TRANSPORT AND DISPOSAL OF
ASBESTOS WASTE
For the purposes of this appendix, transport is defined as all activities from receipt
of the containerized asbestos waste at the
generation site until it has been unloaded at
the disposal site. Current EPA regulations
state that there must be no visible emissions
to the outside air during waste transport.
However, recognizing the potential hazards
and subsequent liabilities associated with
exposure, the following additional precautions are recommended.
Recordkeeping. Before accepting wastes, a
transporter should determine if the waste is
properly wetted and containerized. The
transporter should then require a chain-ofcustody form signed by the generator. A
chain-of-custody form may include the name
and address of the generator, the name and
address of the pickup site, the estimated
quantity of asbestos waste, types of containers used, and the destination of the
waste. The chain-of-custody form should
then be signed over to a disposal site operator to transfer responsibility for the asbestos waste. A copy of the form signed by the
disposal site operator should be maintained
by the transporter as evidence of receipt at
the disposal site.
Waste handling. A transporter should ensure that the asbestos waste is properly contained in leak-tight containers with appropriate labels, and that the outside surfaces of
the containers are not contaminated with asbestos debris adhering to the containers. If
there is reason to believe that the condition
of the asbestos waste may allow significant
fiber release, the transporter should not accept the waste. Improper containerization of
wastes is a violation of the NESHAPs regulation and should be reported to the appropriate EPA Regional Asbestos NESHAPs
contact below:
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Region I
Asbestos NESHAPs Contact, Air Management Division, USEPA, Region I, JFK Federal Building, Boston, MA 02203, (617) 223–
3266.
Region II
Asbestos NESHAPs Contact, Air & Waste
Management Division, USEPA, Region II, 26
Federal Plaza, New York, NY 10007, (212) 264–
6770.
Region III
Asbestos NESHAPs Contact, Air Management Division, USEPA, Region III, 841 Chestnut Street, Philadelphia, PA 19107, (215) 597–
9325.
Region IV
Asbestos NESHAPs Contact, Air, Pesticide
& Toxic Management, USEPA, Region IV,
345 Courtland Street, NE., Atlanta, GA 30365,
(404) 347–4298.
Region V
Asbestos NESHAPs Contact, Air Management Division, USEPA, Region V, 77 West
Jackson Boulevard, Chicago, IL 60604, (312)
353–6793.
Region VI
Asbestos NESHAPs Contact, Air & Waste
Management Division, USEPA, Region VI,
1445 Ross Avenue, Dallas, TX 75202, (214) 655–
7229.
Region VII
Asbestos NESHAPs Contact, Air & Waste
Management Division, USEPA, Region VII,
726 Minnesota Avenue, Kansas City, KS 66101,
(913) 236–2896.
Region VIII
Asbestos NESHAPs Contact, Air & Waste
Management Division, USEPA, Region VIII,
999 18th Street, Suite 500, Denver, CO 80202,
(303) 293–1814.
Region IX
Asbestos NESHAPs Contact, Air Management Division, USEPA, Region IX, 215 Fremont Street, San Francisco, CA 94105, (415)
974–7633.
Region X
Asbestos NESHAPs Contact, Air & Toxics
Management Division, USEPA, Region X,
1200 Sixth Avenue, Seattle, WA 98101, (206)
442–2724.
Once the transporter is satisfied with the
condition of the asbestos waste and agrees to
handle it, the containers should be loaded
into the transport vehicle in a careful manner to prevent breaking of the containers.
Similarly, at the disposal site, the asbestos
waste containers should be transferred carefully to avoid fiber release.
Waste transport. Although there are no regulatory specifications regarding the transport vehicle, it is recommended that vehicles
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used for transport of containerized asbestos
waste have an enclosed carrying compartment or utilize a canvas covering sufficient
to contain the transported waste, prevent
damage to containers, and prevent fiber release. Transport of large quantities of asbestos waste is commonly conducted in a 20cubic-yard ‘‘roll off’’ box, which should also
be covered. Vehicles that use compactors to
reduce waste volume should not be used because these will cause the waste containers
to rupture. Vacuum trucks used to transport
waste slurry must be inspected to ensure
that water is not leaking from the truck.
Disposal involves the isolation of asbestos
waste material in order to prevent fiber release to air or water. Landfilling is recommended as an environmentally sound isolation method because asbestos fibers are
virtually immobile in soil. Other disposal
techniques such as incineration or chemical
treatment are not feasible due to the unique
properties of asbestos. EPA has established
asbestos disposal requirements for active and
inactive disposal sites under NESHAPs (40
CFR Part 61, subpart M) and specifies general requirements for solid waste disposal
under RCRA (40 CFR Part 257). Advance EPA
notification of the intended disposal site is
required by NESHAPs.
Selecting a disposal facility. An acceptable
disposal facility for asbestos wastes must adhere to EPA’s requirements of no visible
emissions to the air during disposal, or minimizing emissions by covering the waste
within 24 hours. The minimum required
cover is 6 inches of nonasbestos material,
normally soil, or a dust-suppressing chemical. In addition to these Federal requirements, many state or local government
agencies require more stringent handling
procedures. These agencies usually supply a
list of ‘‘approved’’ or licensed asbestos disposal sites upon request. Solid waste control
agencies are listed in local telephone directories under state, county, or city headings.
A list of state solid waste agencies may be
obtained by calling the RCRA hotline: 1–800–
424–9346 (382–3000 in Washington, DC). Some
landfill owners or operators place special requirements on asbestos waste, such as placing all bagged waste into 55-gallon metal
drums. Therefore, asbestos removal contractors should contact the intended landfill before arriving with the waste.
Receiving asbestos waste. A landfill approved
for receipt of asbestos waste should require
notification by the waste hauler that the
load contains asbestos. The landfill operator
should inspect the loads to verify that asbestos waste is properly contained in leak-tight
containers and labeled appropriately. The
appropriate
EPA
Regional
Asbestos
NESHAPs Contact should be notified if the
landfill operator believes that the asbestos
waste is in a condition that may cause significant fiber release during disposal. In situ-
ations when the wastes are not properly containerized, the landfill operator should thoroughly soak the asbestos with a water spray
prior to unloading, rinse out the truck, and
immediately cover the wastes with nonasbestos material prior to compacting the
waste in the landfill.
Waste deposition and covering. Recognizing
the health dangers associated with asbestos
exposure, the following procedures are recommended to augment current federal requirements:
• Designate a separate area for asbestos
waste disposal. Provide a record for future
landowners that asbestos waste has been buried there and that it would be hazardous to
attempt to excavate that area. (Future regulations may require property deeds to identify the location of any asbestos wastes and
warn against excavation.)
• Prepare a separate trench to receive asbestos wastes. The size of the trench will depend upon the quantity and frequency of asbestos waste delivered to the disposal site.
The trenching technique allows application
of soil cover without disturbing the asbestos
waste containers. The trench should be
ramped to allow the transport vehicle to
back into it, and the trench should be as narrow as possible to reduce the amount of
cover required. If possible, the trench should
be aligned perpendicular to prevailing winds.
• Place the asbestos waste containers into
the trench carefully to avoid breaking them.
Be particularly careful with plastic bags because when they break under pressure asbestos particles can be emitted.
• Completely cover the containerized
waste within 24 hours with a minimum of 6
inches of nonasbestos material. Improperly
containerized waste is a violation of the
NESHAPs and EPA should be notified.
However, if improperly containerized
waste is received at the disposal site, it
should be covered immediately after unloading. Only after the wastes, including properly containerized wastes, are completely
covered, can the wastes be compacted or
other heavy equipment run over it. During
compacting, avoid exposing wastes to the air
or tracking asbestos material away from the
trench.
• For final closure of an area containing
asbestos waste, cover with at least an additional 30 inches of compacted nonasbestos
material to provide a 36-inch final cover. To
control erosion of the final cover, it should
be properly graded and vegetated. In areas of
the United States where excessive soil erosion may occur or the frost line exceeds 3
feet, additional final cover is recommended.
In desert areas where vegetation would be
difficult to maintain, 3–6 inches of well graded crushed rock is recommended for placement on top of the final cover.
Controlling public access. Under the current
NESHAPs regulation, EPA does not require
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that a landfill used for asbestos disposal use
warning signs or fencing if it meets the requirement to cover asbestos wastes. However, under RCRA, EPA requires that access
be controlled to prevent exposure of the public to potential health and safety hazards at
the disposal site. Therefore, for liability protection of operators of landfills that handle
asbestos, fencing and warning signs are recommended to control public access when
natural barriers do not exist. Access to a
landfill should be limited to one or two entrances with gates that can be locked when
left unattended. Fencing should be installed
around the perimeter of the disposal site in
a manner adequate to deter access by the
general public. Chain-link fencing, 6-ft high
and topped with a barbed wire guard, should
be used. More specific fencing requirements
may be specified by local regulations. Warning signs should be displayed at all entrances
and at intervals of 330 feet or less along the
property line of the landfill or perimeter of
the sections where asbestos waste is deposited. The sign should read as follows:
ASBESTOS WASTE DISPOSAL SITE
BREATHING
ASBESTOS
DUST
MAY
CAUSE LUNG DISEASE AND CANCER
Recordkeeping. For protection from liability, and considering possible future requirements for notification on disposal site deeds,
a landfill owner should maintain documentation of the specific location and quantity of
the buried asbestos wastes. In addition, the
estimated depth of the waste below the surface should be recorded whenever a landfill
section is closed. As mentioned previously,
such information should be recorded in the
land deed or other record along with a notice
warning against excavation of the area.
[52 FR 41897, Oct. 30, 1987, as amended at 62
FR 1834, Jan. 14, 1997]
APPENDIX E TO SUBPART E OF PART
763—INTERIM METHOD OF THE DETERMINATION OF ASBESTOS IN BULK
INSULATION SAMPLES
SECTION 1. POLARIZED LIGHT MICROSCOPY
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1.1
Principle and Applicability
Bulk samples of building materials taken
for asbestos identification are first examined
for homogeneity and preliminary fiber identification at low magnification. Positive
identification of suspect fibers is made by
analysis of subsamples with the polarized
light microscope.
The principles of optical mineralogy are
well established. 1,2 A light microscope
equipped with two polarizing filters is used
to observe specific optical characteristics of
a sample. The use of plane polarized light allows the determination of refractive indices
along specific crystallographic axes. Mor-
phology and color are also observed. A retardation plate is placed in the polarized light
path for determination of the sign of elongation using orthoscopic illumination. Orientation of the two filters such that their vibration planes are perpendicular (crossed
polars)
allows
observation
of
the
birefringence and extinction characteristics
of anisotropic particles.
Quantitative analysis involves the use of
point counting. Point counting is a standard
technique in petrography for determining
the relative areas occupied by separate minerals in thin sections of rock. Background
information on the use of point counting 2
and the interpretation of point count data 3
is available.
This method is applicable to all bulk samples of friable insulation materials submitted for identification and quantitation of
asbestos components.
1.2
Range
The point counting method may be used
for analysis of samples containing from 0 to
100 percent asbestos. The upper detection
limit is 100 percent. The lower detection
limit is less than 1 percent.
1.3
Interferences
Fibrous organic and inorganic constituents
of bulk samples may interfere with the identification and quantitation of the asbestos
mineral content. Spray-on binder materials
may coat fibers and affect color or obscure
optical characteristics to the extent of
masking fiber identity. Fine particles of
other materials may also adhere to fibers to
an extent sufficient to cause confusion in
identification. Procedures that may be used
for the removal of interferences are presented in Section 1.7.2.2.
1.4
Precision and Accuracy
Adequate data for measuring the accuracy
and precision of the method for samples with
various matrices are not currently available.
Data obtained for samples containing a single asbestos type in a simple matrix are
available in the EPA report Bulk Sample
Analysis for Asbestos Content: Evaluation of
the Tentative Method.4
1.5
1.5.1
Apparatus
Sample Analysis
A low-power binocular microscope, preferably stereoscopic, is used to examine the
bulk insulation sample as received.
• Microscope: binocular, 10–45X (approximate).
• Light Source: incandescent or fluorescent.
• Forceps, Dissecting Needles, and Probes
• Glassine Paper or Clean Glass Plate
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Pt. 763, Subpt. E, App. E
Compound microscope requirements: A polarized light microscope complete with polarizer, analyzer, port for wave retardation
plate, 360° graduated rotating stage, substage
condenser, lamp, and lamp iris.
• Polarized Light Microscope: described above.
• Objective Lenses: 10X, 20X, and 40X or near
equivalent.
• Dispersion Staining Objective Lens (optional)
• Ocular Lens: 10X minimum.
• Eyepiece Reticle: cross hair or 25 point
Chalkley Point Array.
• Compensator Plate: 550 millimicron retardation.
1.5.2
1.6
Reagents
Sample Preparation
Analytical Reagents
Refractive Index Liquids: 1.490–1.570, 1.590–
1.720 in increments of 0.002 or 0.004.
• Refractive Index Liquids for Dispersion Staining: high-dispersion series, 1.550, 1.605, 1.630
(optional).
• UICC Asbestos Reference Sample Set: Available from: UICC MRC Pneumoconiosis
Unit,
Llandough
Hospital,
Penarth,
Glamorgan CF6 1XW, UK, and commercial
distributors.
• Tremolite-asbestos (source to be determined)
• Actinolite-asbestos (source to be determined)
1.7
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1.7.2
1.7.2.1
• Distilled Water (optional)
• Dilute CH3COOH: ACS reagent grade (optional)
• Dilute HCl: ACS reagent grade (optional)
• Sodium metaphosphate (NaPO3)6 (optional)
1.6.2
1.7.1
Procedures
NOTE: Exposure to airborne asbestos fibers
is a health hazard. Bulk samples submitted
for analysis are usually friable and may release fibers during handling or matrix reduction steps. All sample and slide preparations
should be carried out in a ventilated hood or
glove box with continuous airflow (negative
pressure). Handling of samples without these
precautions may result in exposure of the
Sampling
Samples for analysis of asbestos content
shall be taken in the manner prescribed in
Reference 5 and information on design of
sampling and analysis programs may be
found in Reference 6. If there are any questions about the representative nature of the
sample, another sample should be requested
before proceeding with the analysis.
Sample Preparation
Sample preparation apparatus requirements will depend upon the type of insulation sample under consideration. Various
physical and/or chemical means may be employed for an adequate sample assessment.
• Ventilated Hood or negative pressure glove
box.
• Microscope Slides
• Coverslips
• Mortar and Pestle: agate or porcelain. (optional)
• Wylie Mill (optional)
• Beakers and Assorted Glassware (optional)
• Certrifuge (optional)
• Filtration apparatus (optional)
• Low temperature asher (optional)
1.6.1
analyst and contamination of samples by
airborne fibers.
Analysis
Gross Examination
Bulk samples of building materials taken
for the identification and quantitation of asbestos are first examined for homogeneity at
low magnification with the aid of a
stereomicroscope. The core sample may be
examined in its container or carefully removed from the container onto a glassine
transfer paper or clean glass plate. If possible, note is made of the top and bottom orientation. When discrete strata are identified,
each is treated as a separate material so that
fibers are first identified and quantified in
that layer only, and then the results for each
layer are combined to yield an estimate of
asbestos content for the whole sample.
1.7.2.2
Sample Preparation
Bulk materials submitted for asbestos
analysis involve a wide variety of matrix
materials. Representative subsamples may
not be readily obtainable by simple means in
heterogeneous materials, and various steps
may be required to alleviate the difficulties
encountered. In most cases, however, the
best preparation is made by using forceps to
sample at several places from the bulk material. Forcep samples are immersed in a refractive index liquid on a microscope slide,
teased apart, covered with a cover glass, and
observed with the polarized light microscope.
Alternatively, attempts may be made to
homogenize the sample or eliminate interferences before further characterization. The
selection of appropriate procedures is dependent upon the samples encountered and
personal preference. The following are presented as possible sample preparation steps.
A mortar and pestle can sometimes be used
in the size reduction of soft or loosely bound
materials though this may cause matting of
some samples. Such samples may be reduced
in a Wylie mill. Apparatus should be clean
and extreme care exercised to avoid crosscontamination of samples. Periodic checks
of the particle sizes should be made during
the grinding operation so as to preserve any
fiber bundles present in an identifiable form.
These procedures are not recommended for
samples that contain amphibole minerals or
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Pt. 763, Subpt. E, App. E
40 CFR Ch. I (7–1–07 Edition)
of 500 °C or lower. Temperatures of 550 °C or
higher will cause dehydroxylation of the asbestos minerals, resulting in changes of the
refractive index and other key parameters. If
a muffle furnace is to be used, the furnace
thermostat should be checked and calibrated
to ensure that samples will not be heated at
temperatures greater than 550 °C.
Ashing and acid treatment of samples
should not be used as standard procedures. In
order to monitor possible changes in fiber
characteristics, the material should be
viewed microscopically before and after any
sample preparation procedure. Use of these
procedures on samples to be used for quantitation requires a correction for percent
weight loss.
vermiculite. Grinding of amphiboles may result in the separation of fiber bundles or the
production of cleavage fragments with aspect ratios greater than 3:1. Grinding of
vermiculite may also produce fragments
with aspect ratios greater than 3:1.
Acid treatment may occasionally be required to eliminate interferences. Calcium
carbonate, gypsum, and bassanite (plaster)
are frequently present in sprayed or
trowelled insulations. These materials may
be removed by treatment with warm dilute
acetic acid. Warm dilute hydrochloric acid
may also be used to remove the above materials. If acid treatment is required, wash the
sample at least twice with distilled water,
being careful not to lose the particulates
during decanting steps. Centrifugation or filtration of the suspension will prevent significant fiber loss. The pore size of the filter
should be 0.45 micron or less. Caution: prolonged acid contact with the sample may
alter the optical characteristics of chrysotile
fibers and should be avoided.
Coatings and binding materials adhering to
fiber surfaces may also be removed by treatment with sodium metaphosphate.7 Add 10
mL of 10g/L sodium metaphosphate solution
to a small (0.1 to 0.5 mL) sample of bulk material in a 15-mL glass centrifuge tube. For
approximately 15 seconds each, stir the mixture on a vortex mixer, place in an ultrasonic bath and then shake by hand. Repeat
the series. Collect the dispersed solids by
centrifugation at 1000 rpm for 5 minutes.
Wash the sample three times by suspending
in 10 mL distilled water and recentrifuging.
After washing, resuspend the pellet in 5 mL
distilled water, place a drop of the suspension on a microscope slide, and dry the slide
at 110 °C.
In samples with a large portion of cellulosic or other organic fibers, it may be useful to ash part of the sample and view the
residue. Ashing should be performed in a low
temperature asher. Ashing may also be performed in a muffle furnace at temperatures
1.7.2.3
Fiber Identification
Positive identification of asbestos requires
the determination of the following optical
properties.
• Morphology
• Color and pleochroism
• Refractive indices
• Birefringence
• Extinction characteristics
• Sign of elongation
Table 1–1 lists the above properties for commercial asbestos fibers. Figure 1–1 presents a
flow diagram of the examination procedure.
Natural variations in the conditions under
which deposits of asbestiform minerals are
formed will occasionally produce exceptions
to the published values and differences from
the UICC standards. The sign of elongation is
determined by use of the compensator plate
and crossed polars. Refractive indices may
be determined by the Becke line test. Alternatively, dispersion staining may be used.
Inexperienced operators may find that the
dispersion staining technique is more easily
learned, and should consult Reference 9 for
guidance. Central stop dispersion staining
colors are presented in Table 1–2. Available
high-dispersion (HD) liquids should be used.
TABLE 1–1—OPTICAL PROPERTIES OF ASBESTOC FIBERS
Refrac- tive indices b
Morphology, color a
Mineral
rfrederick on PROD1PC67 with CFR
a
g
Chrysotile
(asbestiform
serpentine).
Wavy fibers. Fiber bundles have
splayed ends and ‘‘kinks’’. Aspect
ratio typically >10:1. Colorless 3,
nonpleochroic.
1.493–1.560
Amosite
(asbestiform
grunerite).
Straight, rigid fibers. Aspect ratio typically >10:1. Colorless to brown,
nonpleochroic or weakly so. Opaque
inclusions may be present.
1.635–1.696
1.517–
1.562f
(normally
1.556).
1.655–
1.729 f
(normally
1.696–
1.710.
Birefringence
Extinction
.008
| to fiber
length.
+
(length
slow)
.020–.033
| to fiber
length.
+
(length
slow)
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Environmental Protection Agency
Pt. 763, Subpt. E, App. E
TABLE 1–1—OPTICAL PROPERTIES OF ASBESTOC FIBERS—Continued
Refrac- tive indices b
Morphology, color a
Mineral
Extinction
1.668–
1.7173e
(normally
close to
1.700).
1.615–
1.676 f.
.014–.016
| to fiber
length.
¥
(length fast)
.019–.024
| to fiber
length.
+
(length
slow)
1.622–
1.688 f.
.023–.020
Oblique
extinction, 10–
20° for
fragments.
Composite fibers
show |
extinction.
+
(length
slow)
Straight, rigid fibers. Thick fibers and
bundles common, blue to purpleblue
in
color.
Pleochroic.
Birefringence is generally masked by
blue color.
1.654–1.701
Anthophylliteasbestos.
Straight fibers and acicular cleavage
fragments.d Some composite fibers.
Aspect ratio <10:1. Colorless to light
brown.
Normally present as acicular or prismatic cleavage fragments.d Single
crystals predominate, aspect ratio
<10:1. Colorless to pale green.
1.596–1.652
1.599–1.668
a From
reference 5; colors cited are seen by observation with plane polarized light.
references 5 and 8.
subjected to heating may be brownish.
d Fibers defined as having aspect ratio >3:1.
e to fiber length.
f |To fiber length.
b From
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c Fibers
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Crocidolite
(asbestiform
Riebeckite).
Tremolite-actinolite-asbestos.
Birefringence
a
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40 CFR Ch. I (7–1–07 Edition)
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EC01AP92.017</GPH>
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Pt. 763, Subpt. E, App. E
Environmental Protection Agency
Pt. 763, Subpt. E, App. E
TABLE 1–2—CENTRAL STOP DISPERSION
STAINING COLORS A
h
Mineral
RI Liquid
Chrysotile .....
1.550 HD
Blue .............
Amosite ........
1.680
Blue-magenta to
pale blue.
Yellow to
white.
Red magenta
1.550HD
Crocidolite b ..
1.700
1.550HD
Anthophyllite
1.605HD
Tremolite ......
Actinolite ......
1.605HD c
1.605HD
1.630HD c
a From
b Blue
Yellow to
white.
Blue .............
Pale blue .....
Gold-magenta to
blue.
Magenta ......
h|
Blue-magenta
Golden-yellow
Yellow to
white
Blue-magenta
Yellow to
white
Gold to goldmagenta
Gold
Gold
Golden-yellow
reference 9.
absorption color.
extinction view.
c Oblique
rfrederick on PROD1PC67 with CFR
1.7.2.4
Quantitation of Asbestos Content
Asbestos quantitation is performed by a
point-counting procedure or an equivalent
estimation method. An ocular reticle (crosshair or point array) is used to visually superimpose a point or points on the microscope
field of view. Record the number of points
positioned directly above each kind of particle or fiber of interest. Score only points
directly over asbestos fibers or nonasbestos
matrix material. Do not score empty points
for the closest particle. If an asbestos fiber
and a matrix particle overlap so that a point
is superimposed on their visual intersection,
a point is scored for both categories. Point
counting provides a determination of the
area percent asbestos. Reliable conversion of
area percent to percent of dry weight is not
currently feasible unless the specific
gravities and relative volumes of the materials are known.
For the purpose of this method, ‘‘asbestos
fibers’’ are defined as having an aspect ratio
greater than 3:1 and being positively identified as one of the minerals in Table 1–1.
A total of 400 points superimposed on either asbestos fibers or nonasbestos matrix
material must be counted over at least eight
different preparations of representative subsamples. Take eight forcep samples and
mount each separately with the appropriate
refractive index liquid. The preparation
should not be heavily loaded. The sample
should be uniformly dispersed to avoid overlapping particles and allow 25–50 percent
empty area within the fields of view. Count
50 nonempty points on each preparation,
using either
• A cross-hair reticle and mechanical stage;
or
• A reticle with 25 points (Chalkley Point
Array) and counting at least 2 randomly
selected fields.
For samples with mixtures of isotropic and
anisotropic materials present, viewing the
sample with slightly uncrossed polars or the
addition of the compensator plate to the polarized light path will allow simultaneous
discrimination of both particle types. Quantitation should be performed at 100X or at
the lowest magnification of the polarized
light microscope that can effectively distinguish the sample components. Confirmation
of the quantitation result by a second analyst on some percentage of analyzed samples
should be used as standard quality control
procedure.
The percent asbestos is calculated as follows:
% asbestos=(a/n) 100%
where
a=number of asbestos counts,
n=number of nonempty points counted (400).
If a=0, report ‘‘No asbestos detected.’’ If 0<
a≤3, report ‘‘<1% asbestos’’.
The value reported should be rounded to
the nearest percent.
1.8
References
1. Paul F. Kerr, Optical Mineralogy, 4th ed.,
New York, McGraw-Hill, 1977.
2. E. M. Chamot and C. W. Mason, Handbook of Chemical Microscopy, Volume One, 3rd
ed., New York: John Wiley & Sons, 1958.
3. F. Chayes, Petrographic Modal Analysis:
An Elementary Statistical Appraisal, New
York: John Wiley & Sons, 1956.
4. E. P. Brantly, Jr., K. W. Gold, L. E.
Myers, and D. E. Lentzen, Bulk Sample Analysis for Asbestos Content: Evaluation of the
Tentative Method, U.S. Environmental Protection Agency, October 1981.
5. U.S. Environmental Protection Agency,
Asbestos-Containing Materials in School Buildings: A Guidance Document, Parts 1 and 2,
EPA/OPPT No. C00090, March 1979.
6. D. Lucas, T. Hartwell, and A. V. Rao, Asbestos-Containing Materials in School Buildings: Guidance for Asbestos Analytical Programs, EPA 560/13–80–017A, U.S. Environmental Protection Agency, December 1980, 96
pp.
7. D. H. Taylor and J. S. Bloom,
Hexametaphosphate pretreatment of insulation samples for identification of fibrous
constituents, Microscope, 28, 1980.
8. W. J. Campbell, R. L. Blake, L. L.
Brown, E. E. Cather, and J. J. Sjoberg. Selected Silicate Minerals and Their Asbestiform
Varieties: Mineralogical Definitions and Identification-Characterization, U.S. Bureau of
Mines Information Circular 8751, 1977.
9. Walter C. McCrone, Asbestos Particle
Atlas, Ann Arbor: Ann Arbor Science Publishers, June 1980.
839
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Pt. 763, Subpt. E, App. E
40 CFR Ch. I (7–1–07 Edition)
SECTION 2. X-RAY POWDER DIFFRACTION
2.1
Principle and Applicability
The principle of X-ray powder diffraction
(XRD) analysis is well established. 1,2 Any
solid, crystalline material will diffract an
impingent beam of parallel, monochromatic
X-rays whenever Bragg’s Law,
λ = 2d sin q,
is satisfied for a particular set of planes in
the crystal lattice, where
λ = the X-ray wavelength, Å;
d = the interplanar spacing of the set of reflecting lattice planes, Å; and
q = the angle of incidence between the X-ray
beam and the reflecting lattice planes.
By appropriate orientation of a sample relative to the incident X-ray beam, a diffraction pattern can be generated that, in most
cases, will be uniquely characteristic of both
the chemical composition and structure of
the crystalline phases present.
Unlike optical methods of analysis, however, XRD cannot determine crystal morphology. Therefore, in asbestos analysis,
XRD does not distinguish between fibrous
and nonfibrous forms of the serpentine and
amphibole minerals (Table 2–1). However,
when used in conjunction with optical methods such as polarized light microscopy
(PLM), XRD techniques can provide a reliable analytical method for the identification
and characterization of asbestiform minerals
in bulk materials.
For qualitative analysis by XRD methods,
samples are initially scanned over limited
diagnostic peak regions for the serpentine
(∼7.4 Å) and amphibole (8.2–8.5 Å) minerals
(Table 2–2). Standard slow-scanning methods
for bulk sample analysis may be used for materials shown by PLM to contain significant
amounts of asbestos (>5–10 percent). Detection of minor or trace amounts of asbestos
may require special sample preparation and
step-scanning analysis. All samples that exhibit diffraction peaks in the diagnostic regions for asbestiform minerals are submitted
to a full (5°–60° 2q; 1° 2q/min) qualitative XRD
scan, and their diffraction patterns are compared with standard reference powder diffraction patterns 3 to verify initial peak assignments and to identify possible matrix
interferences when subsequent quantitative
analysis will be performed.
TABLE 2–1—THE ASBESTOS MINERALS AND
THEIR NONASBESTIFORM ANALOGS
Asbestiform
SERPENTINE
Chrysotile
AMPHIBOLE
Anthophyllite asbestos
Cummingtonite-grunerite
asbestos (‘‘Amosite’’)
Crocidolite
Tremolite asbestos
Actinolite asbestos
Nonasbestiform
Antigorite, lizardite
Anthophyllite
Cummingtonite-grunerite
Riebeckite
Tremolite
Actinolite
TABLE 2–2—PRINCIPAL LATTICE SPACINGS OF ASBESTIFORM MINERALS a
Minerals
Chrysotile ..................
‘‘Amosite’’ ..................
Anthophyllite ..............
Anthophyllite ..............
Crocidolite .................
Tremolite ...................
Principal d-spacings (Å) and relative intensities
7.37100
7.36100 ..
7.10100 ..
8.33100
8.22100 ..
3.05100
3.06100 ..
2.72100
8.35100
8.38100
2.706100
3.13100 ..
3.6570
3.6680
2.3380
3.0670
3.06085
3.2460
8.3370
2.54100
3.1055
3.12100
3.1495
2.70660
4.5750
2.4565
3.5570
2.75670
3.2570
8.2655
3.2350
3.48080
2.72035
2.70590
8.4340
8.4440
JCPDS Powder diffraction file 3 number
21–543b
25–645
22–1162 (theoretical)
17–745 (nonfibrous)
27–1170 (UICC)
9–455
16–401 (synthetic)
25–157
27–1415 (UICC)
13–437b
20–1310b (synthetic)
23–666 (synthetic mixture with richterite)
rfrederick on PROD1PC67 with CFR
a This information is intended as a guide, only. Complete powder diffraction data, including mineral type and source, should be
referred to, to ensure comparability of sample and reference materials where possible. Additional precision XRD data on
amosite, crocidolite, tremolite, and chrysotile are available from the U.S. Bureaus of Mines.4
b Fibrosity questionable.
Accurate quantitative analysis of asbestos
in bulk samples by XRD is critically dependent on particle size distribution, crystallite
size, preferred orientation and matrix absorption effects, and comparability of standard reference and sample materials. The
most intense diffraction peak that has been
shown to be free from interference by prior
qualitative XRD analysis is selected for
quantitation of each asbestiform mineral. A
‘‘thin-layer’’ method of analysis 5,6 is recommended
in
which,
subsequent
to
comminution of the bulk material to ∼10 µm
by suitable cryogenic milling techniques, an
accurately known amount of the sample is
deposited on a silver membrane filter. The
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Pt. 763, Subpt. E, App. E
mass of asbestiform material is determined
by measuring the integrated area of the selected diffraction peak using a step-scanning
mode, correcting for matrix absorption effects, and comparing with suitable calibration standards. Alternative ‘‘thick-layer’’ or
bulk methods, 7,8 may be used for semiquantitative analysis.
This XRD method is applicable as a confirmatory method for identification and
quantitation of asbestos in bulk material
samples that have undergone prior analysis
by PLM or other optical methods.
2.2
Range and Sensitivity
The range of the method has not been determined.
The sensitivity of the method has not been
determined. It will be variable and dependent upon many factors, including matrix effects (absoprtion and interferences), diagnostic reflections selected, and their relative
intensities.
2.3
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2.3.1
Limitations
Interferences
Since the fibrous and nonfibrous forms of
the serpentine and amphibole minerals
(Table 2–1) are indistinguishable by XRD
techniques unless special sample preparation
techniques and instrumentation are used,9
the presence of nonasbestiform serpentines
and amphiboles in a sample will pose severe
interference problems in the identification
and
quantitative
analysis
of
their
asbestiform analogs.
The use of XRD for identification and
quantitation of asbestiform minerals in bulk
samples may also be limited by the presence
of other interfering materials in the sample.
For naturally occurring materials the commonly associated asbestos-related mineral
interferences can usually be anticipated.
However, for fabricated materials the nature
of the interferences may vary greatly (Table
2–3) and present more serious problems in
identification and quantitation.10 Potential
interferences are summarized in Table 2–4
and include the following:
• Chlorite has major peaks at 7.19 Å and 3.58
Å That interfere with both the primary
(7.36 Å) and secondary (3.66 Å) peaks for
chrysotile. Resolution of the primary peak
to give good quantitative results may be
possible when a step-scanning mode of operation is employed.
• Halloysite has a peak at 3.63 Å that interferes with the secondary (3.66 Å) peak for
chrysotile.
• Kaolinite has a major peak at 7.15 Å that
may interfere with the primary peak of
chrysotile at 7.36 Å when present at concentrations of >10 percent. However, the
secondary chrysotile peak at 3.66 Å may be
used for quantitation.
• Gypsum has a major peak at 7.5 Å that
overlaps the 7.36 Å peak of chrysotile when
present as a major sample constituent.
This may be removed by careful washing
with distilled water, or be heating to 300 °C
to convert gypsum to plaster of paris.
• Cellulose has a broad peak that partially
overlaps the secondary (3.66 Å) chrysotile
peak.8
• Overlap of major diagnostic peaks of the
amphibole asbestos minerals, amosite,
anthophyllite, crocidolite, and tremolite,
at approximately 8.3 Å and 3.1 Å causes
mutual interference when these minerals
occur in the presence of one another. In
some instances, adquate resolution may be
attained by using step-scanning methods
and/or by decreasing the collimator slit
width at the X-ray port.
TABLE 2–3—COMMON CONSTITUENTS IN
INSULATION AND WALL MATERIALS
A. Insulation materials
Chrysotile
‘‘Amosite’’
Crocidolite
*Rock wool
*Slag wool
*Fiber glass
Gypsum (CaSO4 · 2H2O)
Vermiculite (micas)
*Perlite
Clays (kaolin)
*Wood pulp
*Paper fibers (talc, clay, carbonate fillers)
Calcium silicates (synthetic)
Opaques (chromite, magnetite inclusions
in serpentine)
Hematite (inclusions in ‘‘amosite’’)
Magnesite
*Diatomaceous earth
B. Spray finishes or paints
Bassanite
Carbonate minerals (calcite, dolomite,
vaterite)
Talc
Tremolite
Anthophyllite
Serpentine (including chrysotile)
Amosite
Crocidolite
*Mineral wool
*Rock wool
*Slag wool
*Fiber glass
Clays (kaolin)
Micas
Chlorite
Gypsum (CaSO4 · 2H2O)
Quartz
*Organic binders and thickeners
Hyrdomagnesite
Wollastonite
Opaques (chromite, magnetite inclusions
in serpentine)
Hematite (inclusions in ‘‘amosite’’)
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40 CFR Ch. I (7–1–07 Edition)
*Amorphous materialsllcontribute only
to overall scattered radiation and increased
background radiation.
TABLE 2–4—INTERFERENCES IN XRD ANALYSIS
ASBESTIFORM MINERALS
Asbestiform mineral
Serpentine
Chrysotile
Primary
diagnostic
peaks
(approximate dspacings,
in Å)
7.4
3.7
Amphibole
‘‘Amosite’’
Anthophyllite "
Crocidolite
Tremolite
3.1
rfrederick on PROD1PC67 with CFR
8.3
orthorhombic anthophyllite
less than 0.2 Å. 12
2.3.2
separated
Matrix Effects
If a copper X-ray source is used, the presence of iron at high concentrations in a sample will result in significant X-ray fluorescence, leading to loss of peak intensity along
with increased background intensity and an
overall decrease in sensitivity. This situation may be corrected by choosing an X-ray
source other than copper; however, this is
often accompanied both by loss of intensity
and by decreased resolution of closely spaced
reflections. Alternatively, use of a diffracted
beam monochromator will reduce background fluorescent raditation, enabling
weaker diffraction peaks to be detected.
X-ray absorption by the sample matrix will
result in overall attenuation of the diffracted beam and may seriously interfere
with quantitative analysis. Absorption effects may be minimized by using sufficiently
‘‘thin’’ samples for analysis. 5,13,14 However,
unless absorption effects are known to be the
same for both samples and standards, appropriate corrections should be made by referencing diagnostic peak areas to an internal
standard 7,8 or filter substrate (Ag) peak. 5,6
Interference
Nonasbestiform serpentines
(antigorite, lizardite)
Chlorite
Kaolinite
Gypsum
Chlorite
Halloysite
Cellulose
Nonasbestiform amphiboles
(cummingtonite-grunerite,
anthophyllite, riebeckite,
tremolite)
Mutual interferences
Carbonates
Talc
Mutual interferences
• Carbonates may also interfere with quantitative analysis of the amphibole asbestos
minerals, amosite, anthophyllite, crocidolite, and tremolite. Calcium carbonate
(CaCO3) has a peak at 3.035 Å that overlaps
major amphibole peaks at approximately
3.1 Å when present in concentrations of >5
percent. Removal of carbonates with a dilute acid wash is possible; however, if
present, chrysotile may be partially dissolved by this treatment.11
• A major talc peak at 3.12 Å interferes with
the primary tremolite peak at this same
position and with secondary peaks of crocidolite (3.10 Å), amosite (3.06 Å), and
anthophyllite (3.05 Å). In the presence of
talc, the major diagnostic peak at approximately 8.3 Å should be used for quantitation of these asbestiform minerals.
The problem of intraspecies and matrix
interferences is further aggravated by the
variability of the silicate mineral powder
diffraction patterns themselves, which often
makes definitive identification of the asbestos minerals by comparison with standard
reference diffraction patterns difficult. This
variability results from alterations in the
crystal lattice associated with differences in
isomorphous substitution and degree of crystallinity. This is especially true for the
amphiboles. These minerals exhibit a wide
variety of very similar chemical compositions, with the result being that their diffraction patterns are chracterized by having
major (110) reflections of the monoclinic
amphiboles and (210) reflections of the
2.3.3
Particle Size Dependence
Because the intensity of diffracted X-radiation is particle-size dependent, it is essential for accurate quantitative analysis that
both sample and standard reference materials have similar particle size distributions.
The optimum particle size range for quantitative analysis of asbestos by XRD has
been reported to be 1 to 10 µm.15 Comparability of sample and standard reference
material particle size distributions should be
verified by optical microscopy (or another
suitable method) prior to analysis.
2.3.4
Preferred Orientation Effects
Preferred orientation of asbestiform minerals during sample preparation often poses
a serious problem in quantitative analysis by
XRD. A number of techniques have been developed for reducing preferred orientation effects in ‘‘thick layer’’ samples. 7,8,15 However,
for ‘‘thin’’ samples on membrane filters, the
preferred orientation effects seem to be both
reproducible and favorable to enhancement
of the principal diagnostic reflections of asbestos minerals, actually increasing the
overall sensitivity of the method. 12,14 (Further investigation into preferred orientation
effects in both thin layer and bulk samples is
required.)
2.3.5
Lack of Suitably Characterized
Standard Materials
The problem of obtaining and characterizing suitable reference materials for asbestos analysis is clearly recognized. NIOSH has
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Pt. 763, Subpt. E, App. E
recently directed a major research effort toward the preparation and characterization of
analytical reference materials, including asbestos standards; 16,17 however, these are not
available in large quantities for routine
analysis.
In addition, the problem of ensuring the
comparability of standard reference and
sample materials, particularly regarding
crystallite size, particle size distribution,
and degree of crystallinity, has yet to be
adequately addressed. For example, Langer
et al. 18 have observed that in insulating matrices, chrysotile tends to break open into
bundles more frequently than amphiboles.
This results in a line-broadening effect with
a resultant decrease in sensitivity. Unless
this effect is the same for both standard and
sample materials, the amount of chrysotile
in the sample will be underestimated by
XRD analysis. To minimize this problem, it
is recommended that standardized matrix reduction procedures be used for both sample
and standard materials.
2.4
Precision and Accuracy
Precision of the method has not been determined.
Accuracy of the method has not been determined.
2.5
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2.5.1
2.5.2
2.6
2.6.1
Apparatus
Sample Preparation
Sample preparation apparatus requirements will depend upon the sample type
under consideration and the kind of XRD
analysis to be performed.
• Mortar and Pestle: Agate or porcelain.
• Razor Blades
• Sample Mill: SPEX, Inc., freezer mill or
equivalent.
• Bulk Sample Holders
• Silver Membrane Filters: 25-mm diameter,
0.45-µm pore size. Selas Corp. of America,
Flotronics Div., 1957 Pioneer Road, Huntington Valley, PA 19006.
• Microscope Slides
• Vacuum Filtration Apparatus: Gelman No.
1107 or equivalent, and side-arm vacuum
flask.
• Microbalance
• Ultrasonic Bath or Probe: Model W140,
Ultrasonics, Inc., operated at a power density of approximately 0.1 W/mL, or equivalent.
• Volumetric Flasks: 1–L volume.
• Assorted Pipettes
• Pipette Bulb
• Nonserrated Forceps
• Polyethylene Wash Bottle
• Pyrex Beakers: 50-mL volume.
• Desiccator
• Filter Storage Cassettes
• Magnetic Stirring Plate and Bars
• Porcelain Crucibles
• Muffle Furnace or Low Temperature Asher
Sample Analysis
Sample analysis requirements include an
X-ray diffraction unit, equipped with:
• Constant Potential Generator; Voltage and
mA Stabilizers
• Automated Diffractometer with Step-Scanning
Mode
• Copper Target X-Ray Tube: High intensity,
fine focus, preferably.
• X-Ray Pulse Height Selector
• X-Ray Detector (with high voltage power
supply): Scintillation or proportional
counter.
• Focusing Graphite Crystal Monochromator; or
Nickel Filter (if copper source is used, and
iron fluorescence is not a serious problem).
• Data Output Accessories:
• Strip Chart Recorder
• Decade Scaler/Timer
• Digital Printer
• Sample Spinner (optional).
• Instrument Calibration Reference Specimen:
a-quartz
reference
crystal
(Arkansas
quartz standard, #180–147–00, Philips Electronics Instruments, Inc., 85 McKee Drive,
Mahwah, NJ 07430) or equivalent.
Reagents
Standard Reference Materials
The reference materials listed below are
intended to serve as a guide. Every attempt
should be made to acquire pure reference
materials that are comparable to sample materials being analyzed.
• Chrysotile: UICC Canadian, or NIEHS
Plastibest. (UICC reference materials
available from: UICC, MRC Pneumoconiosis
Unit,
Llandough
Hospital,
Penarth, Glamorgan, CF61XW, UK).
• Crocidolite: UICC
• Amosite: UICC
• Anthophyllite: UICC
• Tremolite Asbestos: Wards Natural Science
Establishment, Rochester, N.Y.; Cyprus
Research Standard, Cyprus Research, 2435
Military Ave., Los Angeles, CA 90064
(washed with dilute HCl to remove small
amount
of
calcite
impurity);
India
tremolite, Rajasthan State, India.
• Actinolite Asbestos
2.6.2
Adhesive
Tape, petroleum jelly, etc. (for attaching
silver membrane filters to sample holders).
2.6.3
Surfactant
1 percent aerosol OT aqueous solution or
equivalent.
2.6.4
Isopropanol
ACS Reagent Grade.
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Pt. 763, Subpt. E, App. E
2.7
40 CFR Ch. I (7–1–07 Edition)
Procedure
2.7.1
Sampling
Samples for analysis of asbestos content
shall be collected as specified in EPA Guidance Document #C0090, Asbestos-Containing
Materials in School Buildings.10
2.7.2
Analysis
All samples must be analyzed initially for
asbestos content by PLM. XRD should be
used as an auxiliary method when a second,
independent analysis is requested.
NOTE: Asbestos is a toxic substance. All
handling of dry materials should be performed in an operating fume hood.
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2.7.2.1
Sample Preparation
The method of sample preparation required
for XRD analysis will depend on: (1) The condition of the sample received (sample size,
homogeneity, particle size distribution, and
overall composition as determined by PLM);
and (2) the type of XRD analysis to be performed (qualitative, quantitative, thin layer
or bulk).
Bulk materials are usually received as
inhomogeneous mixtures of complex composition with very wide particle size distributions. Preparation of a homogeneous,
representative sample from asbestos-containing materials is particularly difficult because the fibrous nature of the asbestos minerals inhibits mechanical mixing and stirring, and because milling procedures may
cause adverse lattice alterations.
A discussion of specific matrix reduction
procedures is given below. Complete methods
of sample preparation are detailed in Sections 2.7.2.2 and 2.7.2.3.
NOTE: All samples should be examined microscopically before and after each matrix
reduction step to monitor changes in sample
particle size, composition, and crystallinity,
and to ensure sample representativeness and
homogeneity for analysis.
2.7.2.1.1 Milling— Mechanical milling of
asbestos materials has been shown to decrease fiber crystallinity, with a resultant
decrease in diffraction intensity of the specimen; the degree of lattice alteration is related to the duration and type of milling
process. 19,22 Therefore, all milling times
should be kept to a minimum.
For qualitative analysis, particle size is not
usually of critical importance and initial
characterization of the material with a minimum of matrix reduction is often desirable
to document the composition of the sample
as received. Bulk samples of very large particle size (>2–3 mm) should be comminuted
to ∼100 µm. A mortar and pestle can sometimes be used in size reduction of soft or
loosely bound materials though this may
cause matting of some samples. Such sam-
ples may be reduced by cutting with a razor
blade in a mortar, or by grinding in a suitable mill (e.g., a microhammer mill or equivalent). When using a mortar for grinding or
cutting, the sample should be moistened
with ethanol, or some other suitable wetting
agent, to minimize exposures.
For accurate, reproducible quantitative
analysis, the particle size of both sample and
standard materials should be reduced to ∼10
µm (see Section 2.3.3). Dry ball milling at liquid nitrogen temperatures (e.g., Spex Freezer
Mill, or equivalent) for a maximum time of
10 min. is recommended to obtain satisfactory particle size distributions while protecting the integrity of the crystal lattice. 5
Bulk samples of very large particle size may
require grinding in two stages for full matrix
reduction to <10 µm. 8,16
Final particle size distributions should always be verified by optical microscopy or another suitable method.
2.7.2.1.2 Low temperature ashing—For materials shown by PLM to contain large
amounts of gypsum, cellulosic, or other organic materials, it may be desirable to ash
the samples prior to analysis to reduce background radiation or matrix interference.
Since chrysotile undergoes dehydroxylation
at temperatures between 550 °C and 650 °C,
with
subsequent
transformation
to
forsterite,23,24 ashing temperatures should be
kept below 500 °C. Use of a low temperature
asher is recommended. In all cases, calibration of the oven is essential to ensure that a
maximum ashing temperature of 500 °C is not
exceeded.
2.7.2.1.3 Acid leaching—Because of the interference caused by gypsum and some carbonates in the detection of asbestiform minerals by XRD (see Section 2.3.1), it may be
necessary to remove these interferents by a
simple acid leaching procedure prior to analysis (see Section 1.7.2.2).
2.7.2.2
Qualitative Analysis
2.7.2.2.1 Initial screening of bulk material—
Qualitative analysis should be performed on
a representative, homogeneous portion of the
sample with a minimum of sample treatment.
1. Grind and mix the sample with a mortar
and pestle (or equivalent method, see Section 2.7.2.1.1.) to a final particle size sufficiently small (∼100 µm) to allow adequate
packing into the sample holder.
2. Pack the sample into a standard bulk
sample holder. Care should be taken to ensure that a representative portion of the
milled sample is selected for analysis. Particular care should be taken to avoid possible size segregation of the sample. (Note:
Use of a back-packing method 25 of bulk sample preparation may reduce preferred orientation effects.)
3. Mount the sample on the diffractometer
and scan over the diagnostic peak regions for
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Environmental Protection Agency
Pt. 763, Subpt. E, App. E
the serpentine (∼67.4 Å) and amphibole (8.2–
8.5 Å) minerals (see Table 2–2). The X-ray diffraction equipment should be optimized for
intensity. A slow scanning speed of 1° 2q/min
is recommended for adequate resolution. Use
of a sample spinner is recommended.
4. Submit all samples that exhibit diffraction peaks in the diagnostic regions for
asbestiform minerals to a full qualitative
XRD scan (5°–60° 2q; 1°2q/min) to verify initial
peak assignments and to identify potential
matrix interferences when subsequent quantitative analysis is to be performed.
5. Compare the sample XRD pattern with
standard reference powder diffraction patterns (i.e., JCPDS powder diffraction data 3
or those of other well-characterized reference materials). Principal lattice spacings
of asbestiform minerals are given in Table 2–
2; common constituents of bulk insulation
and wall materials are listed in Table 2–3.
2.7.2.2.2 Detection of minor or trace constituents— Routine screening of bulk materials
by XRD may fail to detect small concentrations (<5 percent) of asbestos. The limits of
detection will, in general, be improved if matrix absorption effects are minimized, and if
the sample particle size is reduced to the optimal 1 to 10 µm range, provided that the
crystal lattice is not degraded in the milling
process. Therefore, in those instances where
confirmation
of
the
presence
of
an
asbestiform mineral at very low levels is required, or where a negative result from initial screening of the bulk material by XRD
(see Section 2.7.2.2.1) is in conflict with previous PLM results, it may be desirable to
prepare the sample as described for quantitative analysis (see Section 2.7.2.3) and
step-scan over appropriate 2q ranges of selected diagnostic peaks (Table 2–2). Accurate
transfer of the sample to the silver membrane filter is not necessary unless subsequent quantitative analysis is to be performed.
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2.7.2.3
Quantitative Analysis
The proposed method for quantitation of
asbestos in bulk samples is a modification of
the NIOSH-recommended thin-layer method
for chrysotile in air. 5 A thick-layer or bulk
method involving pelletizing the sample may
be used for semiquantitative analysis; 7,8
however, this method requires the addition
of an internal standard, use of a specially
fabricated sample press, and relatively large
amounts of standard reference materials. Additional research is required to evaluate the
comparability of thin- and thick-layer methods for quantitative asbestos analysis.
For quantitative analysis by thin-layer
methods, the following procedure is recommended:
1. Mill and size all or a substantial representative portion of the sample as outlined
in Section 2.7.2.1.1.
2. Dry at 100 °C for 2 hr; cool in a desiccator.
3. Weigh accurately to the nearest 0.01 mg.
4. Samples shown by PLM to contain large
amounts of cellulosic or other organic materials, gypsum, or carbonates, should be submitted to appropriate matrix reduction procedures described in Sections 2.7.2.1.2 and
2.7.2.1.3. After ashing and/or acid treatment,
repeat the drying and weighing procedures
described above, and determine the percent
weight loss; L.
5. Quantitatively transfer an accurately
weighed amount (50–100 mg) of the sample to
a 1–L volumetric flask with approximately
200 mL isopropanol to which 3 to 4 drops of
surfactant have been added.
6. Ultrasonicate for 10 min at a power density of approximately 0.1 W/mL, to disperse
the sample material.
7. Dilute to volume with isopropanol.
8. Place flask on a magnetic stirring plate.
Stir.
9. Place a silver membrane filter on the filtration apparatus, apply a vacuum, and attach the reservoir. Release the vacuum and
add several milliliters of isopropanol to the
reservoir. Vigorously hand shake the asbestos suspension and immediately withdraw an
aliquot from the center of the suspension so
that total sample weight, WT, on the filter
will be approximately 1 mg. Do not adjust
the volume in the pipet by expelling part of
the suspension; if more than the desired aliquot is withdrawn, discard the aliquot and
resume the procedure with a clean pipet.
Transfer the aliquot to the reservoir. Filter
rapidly under vacuum. Do not wash the reservoir walls. Leave the filter apparatus
under vacuum until dry. Remove the reservoir, release the vacuum, and remove the
filter with forceps. (Note: Water-soluble matrix interferences such as gypsum may be removed at this time by careful washing of the
filtrate with distilled water. Extreme care
should be taken not to disturb the sample.)
10. Attach the filter to a flat holder with a
suitable adhesive and place on the diffractometer. Use of a sample spinner is recommended.
11. For each asbestos mineral to be
quantitated select a reflection (or reflections) that has been shown to be free from
interferences by prior PLM or qualitative
XRD analysis and that can be used unambiguously as an index of the amount of material
present in the sample (see Table 2–2).
12. Analyze the selected diagnostic reflection(s) by step scanning in increments of
0.02° 2q for an appropriate fixed time and integrating the counts. (A fixed count scan
may be used alternatively; however, the
method chosen should be used consistently
for all samples and standards.) An appropriate scanning interval should be selected
for each peak, and background corrections
made. For a fixed time scan, measure the
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Pt. 763, Subpt. E, App. E
40 CFR Ch. I (7–1–07 Edition)
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2.8.1
Calibration
Preparation of Calibration Standards
1. Mill and size standard asbestos materials
according to the procedure outlined in Section 2.7.2.1.1. Equivalent, standardized matrix
reduction and sizing techniques should be used
for both standard and sample materials.
2. Dry at 100 °C for 2 hr; cool in a desiccator.
3. Prepare two suspensions of each standard in isopropanol by weighing approximately 10 and 50 mg of the dry material to
the nearest 0.01 mg. Quantitatively transfer
each to a 1–L volumetric flask with approximately 200 mL isopropanol to which a few
drops of surfactant have been added.
4. Ultrasonicate for 10 min at a power density of approximately 0.1 W/mL, to disperse
the asbestos material.
5. Dilute to volume with isopropanol.
6. Place the flask on a magnetic stirring
plate. Stir.
7. Prepare, in triplicate, a series of at least
five standard filters to cover the desired analytical range, using appropriate aliquots of
the 10 and 50 mg/L suspensions and the following procedure.
Mount a silver membrane filter on the filtration apparatus. Place a few milliliters of
isopropanol in the reservoir. Vigorously
hand shake the asbestos suspension and immediately withdraw an aliquot from the center of the suspension. Do not adjust the volume in the pipet by expelling part of the suspension; if more than the desired aliquot is
withdrawn, discard the aliquot and resume
the procedure with a clean pipet. Transfer
2.8.2
Analysis of Calibration Standards
1. Mount each filter on a flat holder. Perform step scans on selected diagnostic reflections of the standards and reference specimen using the procedure outlined in Section
2.7.2.3, step 12, and the same conditions as
those used for the samples.
2. Determine the normalized intensity for
each peak measured, Îs̊td, as outlined in Section 2.7.2.3, step 14.
2.9
Calculations
For each asbestos reference material, calculate the exact weight deposited on each
standard filter from the concentrations of
the standard suspensions and aliquot volumes. Record the weight, w, of each standard. Prepare a calibration curve by regressing Î2s̊td on w. Poor reproducibility (±15 percent RSD) at any given level indicates problems in the sample preparation technique,
and a need for new standards. The data
should fit a straight line equation.
Determine the slope, m, of the calibration
curve in counts/microgram. The intercept, b,
of the line with the Îs̊td axis should be approximately zero. A large negative intercept
indicates an error in determining the background. This may arise from incorrectly
measuring the baseline or from interference
by another phase at the angle of background
measurement. A large positive intercept indicates an error in determining the baseline
or that an impurity is included in the measured peak.
Using the normalized intensity, ÎAg, for the
attenuated silver peak of a sample, and the
corresponding normalized intensity from the
unattenuated silver peak, ÎA˚g, of the sample
filter, calculate the transmittance, T, for
each sample as follows: 26,27
Determine the correction factor, f(T), for
each sample according to the formula:
-R (ln T)
f (T) =
llll
l-TR
where
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EC01AP92.019</MATH>
2.8
the aliquot to the reservoir. Keep the tip of
the pipet near the surface of the isopropanol.
Filter rapidly under vacuum. Do not wash
the sides of the reservoir. Leave the vacuum
on for a time sufficient to dry the filter. Release the vacuum and remove the filter with
forceps.
EC01AP92.018</GPH>
background on each side of the peak for onehalf the peak-scanning time. The net intensity, Ia, is the difference between the peak integrated count and the total background
count.
13. Determine the net count, IAg, of the filter 2.36 Å silver peak following the procedure
in step 12. Remove the filter from the holder,
reverse it, and reattach it to the holder. Determine the net count for the unattenuated
silver peak, IA˚g. Scan times may be less for
measurement of silver peaks than for sample
peaks; however, they should be constant
throughout the analysis.
14. Normalize all raw, net intensities (to
correct for instrument instabilities) by referencing them to an external standard (e.g.,
the 3.34 Å peak of an a-quartz reference crystal). After each unknown is scanned, determine the net count, Ir̊, of the reference specimen following the procedure in step 12. Determine the normalized intensities by dividing the peak intensities by Ir̊:
Environmental Protection Agency
R=
Pt. 763, Subpt. E, App. E
sin QAg
llll
sin Qa
qAg=angular position of the measured silver
peak (from Bragg’s Law), and
qa=angular position of the diagnostic asbestos peak.
Calculate the weight, Wa, in micrograms,
of the asbestos material analyzed for in each
sample, using the appropriate calibration
data and absorption corrections:
Calculate the percent composition, Pa, of
each asbestos mineral analyzed for in the
parent material, from the total sample
weight, WT, on the filter:
Pa =
Wa(1-.01L)
llll—
WT
x 100
where
Pa=percent asbestos mineral in parent material;
Wa=mass of asbestos mineral on filter, in µg;
WT=total sample weight on filter, in µg;
L=percent weight loss of parent material on
ashing and/or acid treatment (see Section
2.7.2.3).
References
1. H. P. Klug and L. E. Alexander, X-ray
Diffraction Procedures for Polycrystalline and
Amorphous Materials, 2nd ed., New York:
John Wiley and Sons, 1979.
2. L. V. Azaroff and M. J. Buerger, The
Powder Method of X-ray Crystallography, New
York: McGraw-Hill, 1958.
3. JCPDS-International Center for Diffraction
Data Powder Diffraction File, U.S. Department of Commerce, National Bureau of
Standards, and Joint Committee on Powder
Diffraction Studies, Swarthmore, PA.
4. W. J. Campbell, C. W. Huggins, and A. G.
Wylie, Chemical and Physical Characterization
of Amosite, Chrysotile, Crocidolite, and Nonfibrous Tremolite for National Institute of Environmental Health Sciences Oral Ingestion Studies, U.S. Bureau of Mines Report of Investigation RI8452, 1980.
5. B. A. Lange and J. C. Haartz, Determination of microgram quantities of asbestos by
X-ray diffraction: Chrysotile in thin dust
layers of matrix material, Anal. Chem.,
51(4):520–525, 1979.
6. NIOSH Manual of Analytical Methods,
Volume 5, U.S. Dept. HEW, August 1979, pp.
309–1 to 309–9.
847
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2.10
7. H. Dunn and J. H. Stewart, Jr., Quantitative determination of chrysotile in building materials, The Microscope, 29(1), 1981.
8. M. Taylor, Methods for the quantitative
determination of asbestos and quartz in bulk
samples using X-ray diffraction, The Analyst,
103(1231):1009–1020, 1978.
9. L. Birks, M. Fatemi, J. V. Gilfrich, and
E. T. Johnson, Quantitative Analysis of Airborne Asbestos by X-ray Diffraction, Naval Research Laboratory Report 7879, Naval Research Laboratory, Washington, DC, 1975.
10. U.S. Environmental Protection Agency,
Asbestos-Containing Materials in School Buildings: A Guidance Document, Parts 1 and 2,
EPA/OPPT No. C00090, March 1979.
11. J. B. Krause and W. H. Ashton,
Misidentification of asbestos in talc, pp. 339–
353, in: Proceedings of Workshop on Asbestos:
Definitions and Measurement Methods (NBS
Special Publication 506), C. C. Gravatt, P. D.
LaFleur, and K. F. Heinrich (eds.), Washington, DC: National Measurement Laboratory, National Bureau of Standards, 1977
(issued 1978).
12. H. D. Stanley, The detection and identification of asbestos and asbesti-form minerals in talc, pp. 325–337, in Proceedings of
Workshop on Asbestos: Definitions and Measurement Methods (NBS Special Publication
506), C. C. Gravatt, P. D. LaFleur, and K. F.
Heinrich (eds.), Washington, DC, National
Measurement Laboratory, National Bureau
of Standards, 1977 (issued 1978).
13. A. L. Rickards, Estimation of trace
amounts of chrysotile asbestos by X-ray diffraction, Anal. Chem., 44(11):1872–3, 1972.
14. P. M. Cook, P. L. Smith, and D. G. Wilson, Amphibole fiber concentration and determination for a series of community air
samples: use of X-ray diffraction to supplement electron microscope analysis, in: Electron Microscopy and X-ray Applications to Environmental and Occupation Health Analysis,
P. A. Russell and A. E. Hutchings (eds.), Ann
Arbor: Ann Arbor Science Publications, 1977.
15. A. N. Rohl and A. M. Langer, Identification and quantitation of asbestos in talc, Environ. Health Perspectives, 9:95–109, 1974.
16. J. L. Graf, P. K. Ase, and R. G. Draftz,
Preparation and Characterization of Analytical
Reference Minerals, DHEW (NIOSH) Publication No. 79–139, June 1979.
17. J. C. Haartz, B. A. Lange, R. G. Draftz,
and R. F. Scholl, Selection and characterization of fibrous and nonfibrous amphiboles for
analytical methods development, pp. 295–312,
in: Proceedings of Workshop on Asbestos: Definitions and Measurement Methods (NBS Special Publication 506), C. C. Gravatt, P. D. LaFleur, and K. F. Heinrich (eds.), Washington,
DC: National Measurement Laboratory, National Bureau of Standards, 1977 (issued
1978).
18. Personal communication, A. M. Langer,
Environmental Sciences Laboratory, Mount
§ 763.120
40 CFR Ch. I (7–1–07 Edition)
Sinai School of Medicine of the City University of New York, New York, New York.
19. A. M. Langer, M. S. Wolff, A. N. Rohl,
and I. J. Selikoff, Variation of properties of
chrysotile asbestos subjected to milling, J.
Toxicol. and Environ. Health, 4:173–188, 1978.
20. A. M. Langer, A. D. Mackler, and F. D.
Pooley, Electron microscopical investigation
of asbestos fibers, Environ. Health Perspect.,
9:63–80, 1974.
21. E. Occella and G. Maddalon, X-ray diffraction characteristics of some types of asbestos in relation to different techniques of
comminution, Med. Lavoro, 54(10):628–636,
1963.
22. K. R. Spurny, W. Stöber, H. Opiela, and
G. Weiss, On the problem of milling and ultrasonic treatment of asbestos and glass fibers in biological and analytical applications, Am. Ind. Hyg. Assoc. J., 41:198–203, 1980.
23. L. G. Berry and B. Mason, Mineralogy,
San Francisco: W. H. Greeman & Co., 1959.
24. J. P. Schelz, The detection of chrysotile
asbestos at low levels in talc by differential
thermal analysis, Thermochimica Acta, 8:197–
204, 1974.
25. Reference 1, pp. 372–374.
26. J. Leroux, Staub-Reinhalt Luft, 29:26
(English), 1969.
27. J. A. Leroux, B. C. Davey, and A.
Paillard, Am. Ind. Hyg. Assoc. J., 34:409, 1973.
[47 FR 23369, May 27, 1982; 47 FR 38535, Sept.
1, 1982; Redesignated at 60 FR 31922, June 19,
1995]
Subpart F [Reserved]
Subpart G—Asbestos Worker
Protection
SOURCE: 65 FR 69216, Nov. 15, 2000, unless
otherwise noted.
rfrederick on PROD1PC67 with CFR
§ 763.120 What is the purpose of this
subpart?
This subpart protects certain State
and local government employees who
are not protected by the Asbestos
Standards of the Occupational Safety
and Health Administration (OSHA).
This subpart applies the OSHA Asbestos Standards in 29 CFR 1910.1001 and 29
CFR 1926.1101 to these employees.
§ 763.121 Does this subpart apply to
me?
If you are a State or local government employer and you are not subject
to 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 exempted from the requirements of
this subpart under § 763.123, you must
follow the requirements of this subpart
to protect your employees from occupational exposure to asbestos.
§ 763.122 What does this subpart require me to do?
If you are a State or local government employer whose employees perform:
(a) Construction activities identified
in 29 CFR 1926.1101(a), you must:
(1) Comply with the OSHA standards
in 29 CFR 1926.1101.
(2) Submit notifications required for
alternative control methods to the Director, National Program Chemicals
Division (7404), Office of Pollution Prevention and Toxics, Environmental
Protection Agency, 1200 Pennsylvania
Ave., NW., Washington, DC 20460.
(b) Custodial activities not associated with the construction activities
identified in 29 CFR 1926.1101(a), you
must comply with the OSHA standards
in 29 CFR 1910.1001.
(c) Repair, cleaning, or replacement
of asbestos-containing clutch plates
and brake pads, shoes, and linings, or
removal of asbestos-containing residue
from brake drums or clutch housings,
you must comply with the OSHA
standards in 29 CFR 1910.1001.
§ 763.123 May a State implement its
own asbestos worker protection
plan?
This section describes the process
under which a State may be exempted
from the requirements of this subpart.
(a) States seeking an exemption. If your
State wishes to implement its own asbestos worker protection plan, rather
than complying with the requirements
of this subpart, your State must apply
for and receive an exemption from
EPA.
(1) What must my State do to apply for
an exemption? To apply for an exemption from the requirements of this subpart, your State must send to the Director of EPA’s Office of Pollution Prevention and Toxics (OPPT) a copy of
its asbestos worker protection regulations and a detailed explanation of how
your State’s asbestos worker protection plan meets the requirements of
TSCA section 18 (15 U.S.C. 2617).
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Environmental Protection Agency
§ 763.163
(2) What action will EPA take on my
State’s application for an exemption?
EPA will review your State’s application and make a preliminary determination whether your State’s asbestos worker protection plan meets the
requirements of TSCA section 18.
(i) If EPA’s preliminary determination is that your State’s plan does
meet the requirements of TSCA section
18, EPA will initiate a rulemaking, including an opportunity for public comment, to exempt your State from the
requirements of this subpart. After
considering any comments, EPA will
issue a final rule granting or denying
the exemption.
(ii) If EPA’s preliminary determination is that the State plan does not
meet the requirements of TSCA section
18, EPA will notify your State in writing and will give your State a reasonable opportunity to respond to that determination.
(iii) If EPA does not grant your State
an exemption, then the State and local
government employers in your State
are subject to the requirements of this
subpart.
(b) States that have been granted an exemption. If EPA has exempted your
State from the requirements of this
subpart, your State must update its asbestos worker protection regulations
as necessary to implement changes to
meet the requirements of this subpart,
and must apply to EPA for an amendment to its exemption.
(1) What must my State do to apply for
an amendment to its exemption? To apply
for an amendment to its exemption,
your State must send to the Director
of OPPT a copy of its updated asbestos
worker protection regulations and a
detailed explanation of how your
State’s updated asbestos worker protection plan meets the requirements of
TSCA section 18. Your State must submit its application for an amendment
within 6 months of the effective date of
any changes to the requirements of
this subpart, or within a reasonable
time agreed upon by your State and
OPPT.
(2) What action will EPA take on my
State’s application for an amendment?
EPA will review your State’s application for an amendment and make a preliminary determination whether your
State’s updated asbestos worker protection plan meets the requirements of
TSCA section 18.
(i) If EPA determines that the updated State plan does meet the requirements of TSCA section 18, EPA will
issue your State an amended exemption.
(ii) If EPA determines that the updated State plan does not meet the requirements of TSCA section 18, EPA
will notify your State in writing and
will give your State a reasonable opportunity to respond to that determination.
(iii) If EPA does not grant your State
an amended exemption, or if your
State does not submit a timely request
for amended exemption, then the State
and local government employers in
your State are subject to the requirements of this subpart.
Subpart H [Reserved]
Subpart I—Prohibition of the Manufacture, Importation, Processing, and Distribution in
Commerce of Certain Asbestos-Containing Products; Labeling Requirements
SOURCE: 54 FR 29507, July 12, 1989, unless
otherwise noted.
§ 763.160
Scope.
This subpart prohibits the manufacture, importation, processing, and distribution in commerce of the asbestoscontaining products identified and at
the dates indicated in §§ 763.165, 763.167,
and 763.169. This subpart requires that
products subject to this rule’s bans,
but not yet subject to a ban on distribution in commerce, be labeled. This
subpart also includes general exemptions and procedures for requesting exemptions from the provisions of this
subpart.
§ 763.163
Definitions.
For purposes of this subpart:
Act means the Toxic Substances Control Act, 15 U.S.C. 2601 et seq.
Agency means the United States Environmental Protection Agency.
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§ 763.163
40 CFR Ch. I (7–1–07 Edition)
Asbestos means the asbestiform varieties of: chrysotile (serpentine); crocidolite
(riebeckite);
amosite
(cummingtonite-grunerite); tremolite;
anthophyllite; and actinolite.
Asbestos-containing product means any
product to which asbestos is deliberately added in any concentration or
which contains more than 1.0 percent
asbestos by weight or area.
Chemical substance, has the same
meaning as in section 3 of the Act.
Commerce has the same meaning as in
section 3 of the Act.
Commercial paper means an asbestoscontaining product which is made of
paper intended for use as general insulation paper or muffler paper. Major
applications of commercial papers are
insulation against fire, heat transfer,
and corrosion in circumstances that require a thin, but durable, barrier.
Corrugated paper means an asbestoscontaining product made of corrugated
paper, which is often cemented to a flat
backing, may be laminated with foils
or other materials, and has a corrugated surface. Major applications of
asbestos corrugated paper include:
thermal insulation for pipe coverings;
block insulation; panel insulation in
elevators; insulation in appliances; and
insulation in low-pressure steam, hot
water, and process lines.
Customs territory of the United States
means the 50 States, Puerto Rico, and
the District of Columbia.
Distribute in commerce has the same
meaning as in section 3 of the Act, but
the term does not include actions
taken with respect to an asbestos-containing product (to sell, resale, deliver,
or hold) in connection with the end use
of the product by persons who are users
(persons who use the product for its intended purpose after it is manufactured
or processed). The term also does not
include distribution by manufacturers,
importers, and processors, and other
persons solely for purposes of disposal
of an asbestos-containing product.
Flooring felt means an asbestos-containing product which is made of paper
felt intended for use as an underlayer
for floor coverings, or to be bonded to
the underside of vinyl sheet flooring.
Import means to bring into the customs territory of the United States, except for: (1) Shipment through the cus-
toms territory of the United States for
export without any use, processing, or
disposal within the customs territory
of the United States; or (2) entering the
customs territory of the United States
as a component of a product during
normal personal or business activities
involving use of the product.
Importer means anyone who imports a
chemical substance, including a chemical substance as part of a mixture or
article, into the customs territory of
the United States. Importer includes
the person primarily liable for the payment of any duties on the merchandise
or an authorized agent acting on his or
her behalf. The term includes as appropriate:
(1) The consignee.
(2) The importer of record.
(3) The actual owner if an actual
owner’s declaration and superseding
bond has been filed in accordance with
19 CFR 141.20.
(4) The transferee, if the right to
withdraw merchandise in a bonded
warehouse has been transferred in accordance with subpart C of 19 CFR part
144.
Manufacture means to produce or
manufacture in the United States.
Manufacturer means a person who
produces or manufactures in the
United States.
New uses of asbestos means commercial uses of asbestos not identified in
§ 763.165 the manufacture, importation
or processing of which would be initiated for the first time after August 25,
1989.
Person means any natural person,
firm, company, corporation, joint-venture, partnership, sole proprietorship,
association, or any other business entity; any State or political subdivision
thereof, or any municipality; any
interstate body and any department,
agency, or instrumentality of the Federal Government.
Process has the same meaning as in
section 3 of the Act.
Processor has the same meaning as in
section 3 of the Act.
Rollboard means an asbestos-containing product made of paper that is
produced in a continuous sheet, is
flexible, and is rolled to achieve a desired thickness. Asbestos rollboard
consists of two sheets of asbestos paper
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Environmental Protection Agency
§ 763.171
laminated together. Major applications
of this product include: office partitioning; garage paneling; linings for
stoves and electric switch boxes; and
fire-proofing agent for security boxes,
safes, and files.
Specialty paper means an asbestoscontaining product that is made of
paper intended for use as filters for
beverages or other fluids or as paper
fill for cooling towers. Cooling tower
fill consists of asbestos paper that is
used as a cooling agent for liquids from
industrial processes and air conditioning systems.
State has the same meaning as in section 3 of the Act.
Stock-on-hand means the products
which are in the possession, direction,
or control of a person and are intended
for distribution in commerce.
United States has the same meaning
as in section 3 of the Act.
[59 FR 33208, June 28, 1994]
§ 763.165 Manufacture and importation
prohibitions.
rfrederick on PROD1PC67 with CFR
(a) After August 27, 1990, no person
shall manufacture or import the following asbestos-containing products,
either for use in the United States or
for export: flooring felt and new uses of
asbestos.
(b) After August 26, 1996, no person
shall manufacture or import the following asbestos-containing products,
either for use in the United States or
for export: commercial paper, corrugated paper, rollboard, and specialty
paper.
(c) The import prohibitions of this
subpart do not prohibit:
(1) The import into the customs territory of the United States of products
imported solely for shipment outside
the customs territory of the United
States, unless further repackaging or
processing of the product is performed
in the United States; or
(2) Activities involving purchases or
acquisitions of small quantities of
products made outside the customs territory of the United States for personal
use in the United States.
[59 FR 33209, June 28, 1994]
§ 763.167 Processing prohibitions.
(a) After August 27, 1990, no person
shall process for any use, either in the
United States or for export, any of the
asbestos-containing products listed at
§ 763.165(a).
(b) After August 26, 1996, no person
shall process for any use, either in the
United States or for export, any of the
asbestos-containing products listed at
§ 763.165(b).
[59 FR 33209, June 28, 1994]
§ 763.169 Distribution in commerce
prohibitions.
(a) After August 25, 1992, no person
shall distribute in commerce, either for
use in the United States or for export,
any of the asbestos-containing products listed at § 763.165(a).
(b) After August 25, 1997, no person
shall distribute in commerce, either for
use in the United States or for export,
any of the asbestos-containing products listed at § 763.165(b).
(c) A manufacturer, importer, processor, or any other person who is subject to a ban on distribution in commerce in paragraph (a) or (b) of this
section must, within 6 months of the
effective date of the ban of a specific
asbestos-containing product from distribution in commerce, dispose of all
their remaining stock-on-hand of that
product, by means that are in compliance with applicable local, State, and
Federal restrictions which are current
at that time.
[59 FR 33209, June 28, 1994]
§ 763.171 Labeling requirements.
(a) After August 27, 1990, manufacturers, importers, and processors of all asbestos-containing products that are
identified in § 763.165(a) shall label the
products as specified in this subpart at
the time of manufacture, import, or
processing. This requirement includes
labeling all manufacturers’, importers’,
and processors’ stock-on-hand as of August 27, 1990.
(b) After August 25, 1995, manufacturers, importers, and processors of all asbestos-containing products that are
identified in § 763.165(b), shall label the
products as specified in this subpart at
the time of manufacture, import, or
processing. This requirement includes
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§ 763.173
40 CFR Ch. I (7–1–07 Edition)
labeling all manufacturers’, importers’,
and processors’ stock-on-hand as of August 25, 1995.
(c) The label shall be placed directly
on the visible exterior of the wrappings
and packaging in which the product is
placed for sale, shipment, or storage. If
the product has more than one layer of
external wrapping or packaging, the
label must be attached to the innermost layer adjacent to the product. If
the innermost layer of product wrapping or packaging does not have a visible exterior surface larger than 5
square inches, either a tag meeting the
requirements of paragraph (d) of this
section must be securely attached to
the product’s innermost layer of product wrapping or packaging, or a label
must be attached to the next outer
layer of product packaging or wrapping. Any products that are distributed
in commerce to someone other than
the end user, shipped, or stored without packaging or wrapping must be labeled or tagged directly on a visible exterior surface of the product as described in paragraph (d) of this section.
(d)(1) Labels must be either printed
directly on product packaging or in the
form of a sticker or tag made of plastic, paper, metal, or other durable substances. Labels must be attached in
such a manner that they cannot be removed without defacing or destroying
them. Product labels shall appear as in
paragraph (d)(2) of this section and
consist of block letters and numerals of
color that contrasts with the background of the label or tag. Labels shall
be sufficiently durable to equal or exceed the life, including storage and disposal, of the product packaging or
wrapping. The size of the label or tag
must be at least 15.25 cm (6 inches) on
each side. If the product packaging is
too small to accommodate a label of
this size, the label may be reduced in
size proportionately to the size of the
product packaging or wrapping down to
a minimum 2.5 cm (1 inch) on each side
if the product wrapping or packaging
has a visible exterior surface larger
than 5 square inches.
(2) Products subject to this subpart
shall be labeled in English as follows:
NOTICE
This product contains ASBESTOS. The U.S.
Environmental
Protection
Agency
has
banned the distribution in U.S. commerce of
this product under section 6 of the Toxic
Substances Control Act (15 U.S.C. 2605) as of
(insert effective date of ban on distribution
in commerce). Distribution of this product in
commerce after this date and intentionally
removing or tampering with this label are
violations of Federal law.
(e) No one may intentionally remove,
deface, cover, or otherwise obscure or
tamper with a label or sticker that has
been applied in compliance with this
section, except when the product is
used or disposed of.
[59 FR 33209, June 28, 1994]
§ 763.173 Exemptions.
(a) Persons who are subject to the
prohibitions imposed by §§ 763.165,
763.167, or 763.169 may file an application for an exemption. Persons whose
exemption applications are approved
by the Agency may manufacture, import, process, or distribute in commerce the banned product as specified
in the Agency’s approval of the application. No applicant for an exemption
may continue the banned activity that
is the subject of an exemption application after the effective date of the ban
unless the Agency has granted the exemption or the applicant receives an
extension under paragraph (b)(4) or (5)
of this section.
(b) Application filing dates. (1) Applications for products affected by the
prohibitions under §§ 763.165(a) and
763.167(a) may be submitted at any
time and will be either granted or denied by EPA as soon as is feasible.
(2) Applications for products affected
by the ban under § 763.169(a) may be
submitted at any time and will be either granted or denied by EPA as soon
as is feasible.
(3) Applications for products affected
by the ban under §§ 763.165(b) and
763.167(b) may not be submitted prior
to February 27, 1995. Complete applications received after that date, but before August 25, 1995, will be either
granted or denied by the Agency prior
to the effective date of the ban for the
product. Applications received after
August 25, 1995, will be either granted
or denied by EPA as soon as is feasible.
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Environmental Protection Agency
§ 763.173
(4) Applications for products affected
by the ban under § 763.169(b) may not be
submitted prior to February 26, 1996.
Complete applications received after
that date, but before August 26, 1996,
will be either granted or denied by the
Agency prior to the effective date of
the ban for the product. Applications
received after August 26, 1996, will be
either granted or denied by EPA as
soon as is feasible.
(5) The Agency will consider an application for an exemption from a ban
under § 763.169 for a product at the same
time the applicant submits an application for an exemption from a ban under
§ 763.165 or § 763.167 for that product.
EPA will grant an exemption at that
time from a ban under § 763.169 if the
Agency determines it appropriate to do
so.
(6) If the Agency denies an application less than 30 days before the effective date of a ban for a product, the applicant can continue the activity for 30
days after receipt of the denial from
the Agency.
(7) If the Agency fails to meet the
deadlines stated in paragraphs (b)(3)
and (b)(4) of this section for granting or
denying a complete application in instances in which the deadline is before
the effective date of the ban to which
the application applies, the applicant
will be granted an extension of 1 year
from the Agency’s deadline date. During this extension period the applicant
may continue the activity that is the
subject of the exemption application.
The Agency will either grant or deny
the application during the extension
period. The extension period will terminate either on the date the Agency
grants the application or 30 days after
the applicant receives the Agency’s denial of the application. However, no extension will be granted if the Agency is
scheduled to grant or deny an application at some date after the effective
date of the ban, pursuant to the deadlines stated in paragraphs (b)(3) and
(b)(4) of this section.
(c) Where to file. All applications
must be submitted to the following location: TSCA Docket Receipts Office
(7407), Office of Pollution Prevention
and Toxics, U.S. Environmental Protection Agency, Rm E-G99, 1200 Pennsylvania Ave., NW., Washington, DC
20460, ATTENTION: Asbestos Exemption. For information regarding the
submission of exemptions containing
information claimed as confidential
business
information
(CBI),
see
§ 763.179.
(d) Content of application and criteria for decisionmaking.
(1) Content of application. Each application must contain the following:
(i) Name, address, and telephone
number of the applicant.
(ii) Description of the manufacturing,
import, processing, and/or distribution
in commerce activity for which an exemption is requested, including a description of the asbestos-containing
product to be manufactured, imported,
processed, or distributed in commerce.
(iii) Identification of locations at
which the exempted activity would
take place.
(iv) Length of time requested for exemption (maximum length of an exemption is 4 years).
(v) Estimated amount of asbestos to
be used in the activity that is the subject of the exemption application.
(vi) Data demonstrating the exposure
level over the life cycle of the product
that is the subject of the application.
(vii) Data concerning:
(A) The extent to which non-asbestos
substitutes for the product that is the
subject of the application fall significantly short in performance under necessary product standards or requirements, including laws or ordinances
mandating product safety standards.
(B) The costs of non-asbestos substitutes relative to the costs of the asbestos-containing product and, in the
case in which the product is a component of another product, the effect on
the cost of the end use product of using
the substitute component.
(C) The extent to which the product
or use serves a high-valued use.
(viii) Evidence of demonstrable good
faith attempts by the applicant to develop and use a non-asbestos substance
or product which may be substituted
for the asbestos-containing product or
the asbestos in the product or use that
is the subject to the application.
(ix) Evidence, in addition to that provided in the other information required
with the application, showing that the
continued manufacture, importation,
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§ 763.175
40 CFR Ch. I (7–1–07 Edition)
processing, distribution in commerce,
and use, as applicable, of the product
will not present an unreasonable risk
of injury to human health.
(2) Criteria for decision (existing
products). After considering all the information provided by an applicant
under paragraphs (d)(1) and (e) of this
section, and any other information
available to EPA, EPA will grant an
exemption from the prohibitions in
§§ 763.165, 763.167, or 763.169 for an applicant’s
asbestos-containing
product
only if EPA determines both of the following:
(i) The applicant has made good faith
attempts to develop and use a non-asbestos substance or product which may
be substituted for the asbestos-containing product or the asbestos in the
product or use, and those attempts
have failed to produce a substitute or a
substitute that results in a product
that can be economically produced.
(ii) Continued manufacturing, processing, distribution in commerce, and
use, as applicable, of the product will
not present an unreasonable risk of injury to human health.
(3) Criteria for decision (new products). Requests to develop and use an
asbestos substance or product will be
treated as a petition pursuant to section 21 of TSCA.
(e) The Agency reserves the right to
request further information from an
exemption applicant if necessary to
complete the Agency’s evaluation of an
application.
(f) Upon receipt of a complete application, the Agency will issue a notice
in the FEDERAL REGISTER announcing
its receipt and invite public comments
on the merits of the application.
(g) If the application does not include
all of the information required in paragraph (d) of this section, the Agency
will return it to the applicant as incomplete and any resubmission of the
application will be considered a new
application for purposes of the availability of any extension period. If the
application is substantially inadequate
to allow the Agency to make a reasoned judgment on any of the information required in paragraph (d) of this
section and the Agency chooses to request additional information from the
applicant, the Agency may also deter-
mine that an extension period provided
for in paragraph (b)(5) of this section is
unavailable to the applicant.
(h) When denying an application, the
Agency will notify the applicant by
registered mail of its decision and rationale. Whenever possible, the Agency
will send this letter prior to the appropriate ban. This letter will be considered a final Agency action for purposes
of judicial review. A notice announcing
the Agency’s denial of the application
will be published in the FEDERAL REGISTER.
(i) If the Agency proposes to approve
an exemption, it will issue a notice in
the FEDERAL REGISTER announcing this
intent and invite public comments. If,
after considering any timely comments
received, the Agency approves an exemption, its decision will be published
in the FEDERAL REGISTER. This notice
will be considered a final Agency action for purposes of judicial review.
(j) The length of an exemption period
will be specified by the agency when it
approves the exemption. To extend an
exemption period beyond the period
stipulated by EPA, applicants must
submit a new application to the Agency, following the application procedures described in this section. Applications may not be submitted prior to
15 months before the expiration of the
exemption period, unless stated otherwise in the notice granting the exemption. Applications received between 15
months and 1 year before the end of the
exemption period will be either granted
or denied by the Agency before the end
of the exemption period. Applications
received after the date 1 year prior to
the end of the exemption period will be
either granted or denied by the Agency
as soon as is feasible. Applicants may
not continue the activity that is the
subject of the renewal application after
the date of the end of the exemption
period.
[54 FR 29507, July 12, 1989; 54 FR 37531, Sept.
11, 1989, as amended at 54 FR 46898, Nov. 8,
1989; 59 FR 33210, June 28, 1994]
§ 763.175 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).
(b) Failure or refusal to establish and
maintain records, or to permit access
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Environmental Protection Agency
§ 763.179
to or copying of records as required by
section 11 of the Act (15 U.S.C. 2610) is
a violation of section 15 of the Act (15
U.S.C. 2614).
(c) Failure or refusal to permit entry
or inspection as required by section 11
of the Act (15 U.S.C. 2610) is a violation
of section 15 of the Act (15 U.S.C. 2614).
(d) Violators may be subject to the
civil and criminal penalties in section
16 of the Act (15 U.S.C. 2615) for each
violation.
(e) The Agency may seek to enjoin
the manufacture, import, processing,
or distribution in commerce of asbestos-containing products in violation of
this subpart, or act to seize any asbestos-containing products manufactured,
imported, processed, or distributed in
commerce in violation of this subpart,
or take any other actions under the authority of section 7 or 17 of the Act (15
U.S.C. 2606 or 2616) that are appropriate.
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§ 763.176 Inspections.
The Agency will conduct inspections
under section 11 of the Act (15 U.S.C.
2610) to ensure compliance with this
subpart.
§ 763.178 Recordkeeping.
(a) Inventory. (1) Each person who is
subject to the prohibitions imposed by
§§ 763.165 and 763.167 must perform an
inventory of the stock-on-hand of each
banned product as of the effective date
of the ban for that product for the applicable activity.
(2) The inventory shall be in writing
and shall include the type of product,
the number of product units currently
in the stock-on-hand of the person performing the inventory, and the location of the stock.
(3) Results of the inventory for a
banned product must be maintained by
the person for 3 years after the effective date of the § 763.165 or § 763.167 ban
on the product.
(b) Records. (1) Each person whose activities are subject to the bans imposed
by §§ 763.165, 763.167, and 763.169 for a
product must, between the effective
date of the § 763.165 or § 763.167 ban on
the product and the § 763.169 ban on the
product, keep records of all commercial transactions regarding the product, including the dates of purchases
and sales and the quantities purchased
or sold. These records must be maintained for 3 years after the effective
date of the § 763.169 ban for the product.
(2) Each person who is subject to the
requirements of § 763.171 must, for each
product required to be labeled, maintain a copy of the label used in compliance with § 763.171. These records must
be maintained for 3 years after the effective date of the ban on distribution
in commerce for the product for which
the § 763.171 requirements apply.
[54 FR 29507, July 12, 1989, as amended by 54
FR 46898, Nov. 8, 1989; 58 FR 34205, June 23,
1993]
§ 763.179 Confidential business information claims.
(a) Applicants for exemptions under
§ 763.173 may assert a Confidential Business Information (CBI) claim for information in an exemption application or
supplement submitted to the Agency
under this subpart only if the claim is
asserted in accordance with this section, and release of the information
would reveal trade secrets or confidential commercial or financial information, as provided in section 14(a) of the
Act. Information covered by a CBI
claim will be treated in accordance
with the procedures set forth in 40 CFR
part 2, subpart B. The Agency will
place all information not claimed as
CBI in the manner described in this
section in a public file without further
notice to the applicant.
(b) Applicants may assert CBI claims
only at the time they submit a completed exemption application and only
in the specified manner. If no such
claim accompanies the information
when it is received by the Agency, the
information may be made available to
the public without further notice to
the applicant. Submitters that claim
information as business confidential
must do so by writing the word ‘‘Confidential’’ at the top of the page on
which the information appears and by
underlining, circling, or placing brackets ([ ]) around the information
claimed CBI.
(c) Applicants who assert a CBI claim
for submitted information must provide the Agency with two copies of
their exemption application. The first
copy must be complete and contain all
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Pt. 766
40 CFR Ch. I (7–1–07 Edition)
information being claimed as CBI. The
second copy must contain only information not claimed as CBI. The Agency will place the second copy of the
submission in a public file. Failure to
furnish a second copy of the submission
when information is claimed as CBI in
the first copy will be considered a presumptive waiver of the claim of confidentiality. The Agency will notify the
applicant by certified mail that a finding of a presumptive waiver of the
claim of confidentiality has been made.
The applicant has 30 days from the
date of receipt of notification to submit the required second copy. Failure
to submit the second copy will cause
the Agency to place the first copy in a
public file.
(d) Applicants must substantiate all
claims of CBI at the time the applicant
asserts the claim, i.e., when the exemption application or supplement is submitted, by responding to the questions
in paragraph (e) of this section. Failure
to provide substantiation of a claim at
the time the applicant submits the application will result in a waiver of the
CBI claim, and the information may be
disclosed to the public without further
notice to the applicant.
(e) Applicants who assert any CBI
claims must substantiate all claims by
providing detailed responses to the following:
(1) Is this information subject to a
patent or patent application in the
United States or elsewhere? If so, why
is confidentiality necessary?
(2) For what period do you assert a
claim of confidentiality? If the claim is
to extend until a certain event or point
in time, please indicate that event or
time period. Explain why such information should remain confidential until
such point.
(3) Has the information that you are
claiming as confidential been disclosed
to persons outside of your company?
Will it be disclosed to such persons in
the future? If so, what restrictions, if
any, apply to use or further disclosure
of the information?
(4) Briefly describe measures taken
by your company to guard against
undesired disclosure of the information
you are claiming as confidential to
others.
(5) Does the information claimed as
confidential appear or is it referred to
in advertising or promotional materials for the product or the resulting
end product, safety data sheets or
other similar materials for the product
or the resulting end product, professional or trade publications, or any
other media available to the public or
to your competitors? If you answered
yes, indicate where the information appears.
(6) If the Agency disclosed the information you are claiming as confidential to the public, how difficult would
it be for the competitor to enter the
market for your product? Consider in
your answer such constraints as capital and marketing cost, specialized
technical expertise, or unusual processes.
(7) Has the Agency, another Federal
agency, or a Federal court made any
confidentiality determination regarding this information? If so, provide copies of such determinations.
(8) How would your company’s competitive position be harmed if the
Agency disclosed this information?
Why should such harm be considered
substantial? Describe the causal relationship between the disclosure and
harm.
(9) In light of section 14(b) of TSCA,
if you have claimed information from a
health and safety study as confidential,
do you assert that disclosure of this information would disclose a process
used in the manufacturing or processing of a product or information unrelated to the effects of asbestos on
human health and the environment? If
your answer is yes, explain.
PART 766—DIBENZO-PARADIOXINS/DIBENZOFURANS
Subpart A—General Provisions
Sec.
766.1 Scope and purpose.
766.2 Applicability and duration of this
part.
766.3 Definitions.
766.5 Compliance.
766.7 Submission of information.
766.10 Test standards.
766.12 Testing guidelines.
766.14 Contents of protocols.
766.16 Developing the analytical test method.
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