WAIS Document Retrieval[Code of Federal Regulations]
[Title 40, Volume 29]
[Revised as of July 1, 2004]
From the U.S. Government Printing Office via GPO Access
[CITE: 40CFR763]

[Page 734-829]
 
                   TITLE 40--PROTECTION OF ENVIRONMENT
 
         CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
 
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]

                  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 Asbestos-Containing 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.

Sec. 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. 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

[[Page 735]]

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).

Sec. 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 (cum- 
mingtonitegrunerite); 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, 
water-stained, 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 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

[[Page 736]]

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 [mu]m 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.
    (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

[[Page 737]]

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.

Sec. 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 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 Sec. 
763.95.

[[Page 738]]

    (f) Ensure that management plans are available for inspection and 
notification of such availability has been provided as specified in the 
management plan under Sec. 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.

Sec. 763.85  Inspection and reinspections.

    (a) Inspection. (1) Except as provided in paragraph (a)(2) of this 
section, before 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 
Sec. 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 Sec. Sec. 763.86 and 763.87.
    (v) Assess, under Sec. 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 
Sec. 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 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.

[[Page 739]]

    (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 Sec. 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 Sec. Sec. 763.86 and 763.87.
    (v) Assess, under Sec. 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 Sec. 763.88, the condition of friable known or 
assumed ACBM previously identified.
    (vii) Record the following and submit to the person designated under 
Sec. 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.

Sec. 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 ft\2\ or less, except as provided in 
Sec. 763.87(c)(2).
    (2) At least five bulk samples shall be collected from each 
homogeneous area that is greater than 1,000 ft\2\ but less than or equal 
to 5,000 ft\2\, except as provided in Sec. 763.87(c)(2).
    (3) At least seven bulk samples shall be collected from each 
homogeneous area that is greater than 5,000 ft\2\, except as provided in 
Sec. 763.87(c)(2).
    (b) Thermal system insulation. (1) Except as provided in paragraphs 
(b) (2) through (4) of this section and Sec. 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

[[Page 740]]

is not assumed to be ACM where cement or plaster is used on fittings 
such as tees, elbows, or valves, except as provided under Sec. 
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.

Sec. 763.87  Analysis.

    (a) Local education agencies shall have bulk samples, collected 
under Sec. 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) analysis 
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 Sec. 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]

Sec. 763.88  Assessment.

    (a)(1) For each inspection and reinspection conducted under Sec. 
763.85 (a) and (c) and previous inspections specified under Sec. 
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 Sec. 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:
    (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

[[Page 741]]

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 Sec. 763.84 for inclusion in the management plan.

Sec. 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 Sec. 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 Sec. 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 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 Sec. 
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:

[[Page 742]]

    (1) Implement an O&M program, as described under Sec. 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, short-duration.
    (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/mm \2\).
    (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/mm \2\). If the average 
concentration of asbestos of the five air samples within the affected 
functional space exceeds 70 s/mm \2\, 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

[[Page 743]]

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/cm \3\) 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/federal--register/code--of--federal--
regulations/ibr--locations.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]

Sec. 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 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 Sec. 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, leak-tight containers.
    (2) Additional cleaning. The accredited management planner shall 
make a written recommendation to the local education agency whether 
additional

[[Page 744]]

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 Sec. 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]

Sec. 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 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 Sec. 763.84 and 
the availability and location of the management plan.

[[Page 745]]

    (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 Sec. 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 Sec. 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]

Sec. 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 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.

[[Page 746]]

    (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 Sec. 
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 Sec. 
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 Sec. 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 Sec. 
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 Sec. 763.84 to ensure that the duties of the 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 Sec. 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,

[[Page 747]]

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 Sec. 
763.90. This description shall be updated as response actions are 
completed.
    (9) A plan for reinspection under Sec. 763.85, a plan for 
operations and maintenance activities under Sec. 763.91, and a plan for 
periodic surveillance under Sec. 763.92, a description of the 
recommendation made by the management planner regarding additional 
cleaning under Sec. 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.
    (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

[[Page 748]]

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 Sec. 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 
Sec. 763.84, which certifies that the general, local education agency 
responsibilities, as stipulated by Sec. 763.84, have been met or will 
be met.

Sec. 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 Sec. 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 Sec. 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 Sec. 763.90(i)(2)(ii).
    (c) For each person required to be trained under Sec. 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 Sec. 763.92(b) 
is performed, 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 Sec. 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 
Sec. 763.91(d) are performed, the local education agency shall record 
the name of each person performing the activity, the

[[Page 749]]

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 Sec. 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 Sec. 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)

Sec. 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.

Sec. 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.
    (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

[[Page 750]]

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.

Sec. 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 E.
    (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 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 this subpart E.
    (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

[[Page 751]]

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.
    (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 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

[[Page 752]]

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.

Sec. 763.99  Exclusions.

    (a) A local education agency shall not be required to perform an 
inspection under Sec. 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 Sec. 763.84 for inclusion in the 
management plan. However, an accredited inspector shall assess the 
friable ACBM under Sec. 763.88.
    (2) An accredited inspector has determined that, based on sampling 
records, 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 Sec. 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 Sec. 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

[[Page 753]]

Sec. 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 Sec. 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 Sec. 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 Sec. 
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 Sec. 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 Sec. 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 Sec. 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 education 
agency shall conduct an inspection under Sec. 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.

[[Page 754]]

   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

                         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 structures/cm\3\.
    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/mm\2\ in an area of 0.057 mm\2\ 
(nominally 10 200-mesh grid openings) and a maximum of 53 structures/
mm\2\ 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 [mu]m 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/mm\2\.
    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/cm\3\--Structures per cubic centimeter.
    23. S/mm\2\--Structures per square millimeter.
    24. TEM--Transmission electron microscope.

                               B. Sampling

    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.).

[[Page 755]]

    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/
mm\2\ in an area of 0.057 mm\2\ (nominally 10 200-mesh grid openings) 
and a single preparation with a maximum of 53 s/mm\2\ 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 [mu]m or mixed cellulose 
ester having a pore size less than or equal to 0.45 [mu]m.
    6. Place these filters in series with a 5.0 [mu]m backup filter (to 
serve as a diffuser) and a support pad. See the following Figure 1:

[[Page 756]]

[GRAPHIC] [TIFF OMITTED] TC01AP92.001

    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.

[[Page 757]]

    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:

[[Page 758]]

[GRAPHIC] [TIFF OMITTED] TC01AP92.002

    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.
    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:

[[Page 759]]

[GRAPHIC] [TIFF OMITTED] TC01AP92.003

                           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.

                          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 well-equipped 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/mm\2\ in an 
area of 0.057 mm\2\ (nominally 10 200-mesh grid openings) and a single 
preparation with a maximum of 53 s/mm\2\ 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

[[Page 760]]

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 [mu]m (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

    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 [mu]m 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:

[[Page 761]]

[GRAPHIC] [TIFF OMITTED] TC01AP92.004


[[Page 762]]


[GRAPHIC] [TIFF OMITTED] TC01AP92.005

    i. Fiber. A structure having a minimum length greater than or equal 
to 0.5 [mu]m 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 
[mu]m and for fibers equal to or greater than 5 [mu]m 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

[[Page 763]]

analysis to exceed the 70 s/mm\2\ 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/
mm\2\ 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/mm\2\ 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/mm\2\ 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. (X-
ray analysis alone can be used only after 70 s/mm\2\ 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 [mu]m 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

[[Page 764]]

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:
[GRAPHIC] [TIFF OMITTED] TC01AP92.006

    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.

[[Page 765]]

    5. Provide laboratory blanks with each sample batch. Maintain a 
cumulative average of these results. If there are more than 53 fibers/mm 
\2\ 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.

                              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/cm\3\.
    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/mm\2\ in an area of 0.057 mm\2\ 
(nominally 10 200 mesh grid openings) and a maximum of 53 structures/
mm\2\ 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 [mu]m in length 
with an aspect ratio (length to width) of 5:1 or greater and having 
substantially parallel sides.

[[Page 766]]

    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/mm\2\.
    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/cm\3\--Structures per cubic centimeter.
    23. S/mm\2\--Structures per square millimeter.
    24. TEM--Transmission electron microscope.

                               B. Sampling

    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 [mu]m or mixed cellulose 
ester having a pore size of less than or equal to 0.45 [mu]m.
    g. Place these filters in series with a backup filter with a pore 
size of 5.0 [mu]m (to serve as a diffuser) and a support pad. See the 
following Figure 1:

[[Page 767]]

[GRAPHIC] [TIFF OMITTED] TC01AP92.007

    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.

[[Page 768]]

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:

[[Page 769]]

[GRAPHIC] [TIFF OMITTED] TC01AP92.008

    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:

[[Page 770]]

[GRAPHIC] [TIFF OMITTED] TC01AP92.009

    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.

[[Page 771]]

    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 ft \3\ 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

[[Page 772]]

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.

     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/
mm\2\ in an area of 0.057 mm\2\ (nominally 10 200-mesh grid openings) 
and a maximum of 53 s/mm\2\ 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

[[Page 773]]

Sample Receiving Form to document this information is attached for use 
when necessary. (See the following Figure 3.)
[GRAPHIC] [TIFF OMITTED] TC01AP92.010


[[Page 774]]


    Note: The person breaking the chain-of-custody 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.

                          F. Sample Preparation

    1. Personnel not affiliated with the Abatement Contractor shall be 
used to prepare samples and conduct TEM analysis. Wet-wipe the exterior 
of the cassettes to minimize contamination possibilities before taking 
them to the clean sample preparation facility.
    2. Perform sample preparation in a well-equipped 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/mm\2\ in an 
area of 0.057 s/mm\2\ (nominally 10 200-mesh grid openings) with no more 
than one single preparation to exceed 53 s/mm\2\ 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 [mu]L 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 [deg]C.
    v. Polyurethane foam, 6 mm thickness.
    w. Gold wire for evaporation.
    6. Reagents.
    a. General. A supply of ultra-clean, fiber-free water must be 
available for washing of all components used in the analysis. Water

[[Page 775]]

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 mmx50 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 cmx0.5 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 carbon-coated grids are used, the filter should 
be

[[Page 776]]

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 [mu]m 
(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 mmx5 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 
wedge-shaped 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

[[Page 777]]

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:

[[Page 778]]

[GRAPHIC] [TIFF OMITTED] TC01AP92.011

    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.

[[Page 779]]

    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 reloaded 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 [mu]m 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:

[[Page 780]]

[GRAPHIC] [TIFF OMITTED] TC01AP92.012


[[Page 781]]


[GRAPHIC] [TIFF OMITTED] TC01AP92.013

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 [mu]m and for fibers greater than or equal to 5 [mu]m in 
length. Not required, but useful, may be to record the fiber length in 1 
[mu]m 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 
[mu]m 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.

[[Page 782]]

    (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/mm\2\ 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/mm\2\ concentration. (Generally speaking, the first 4 
amphiboles would require EDXA.)
    ii. Can be used alone to confirm chrysotile after the 70 s/mm\2\ 
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/mm\2\ 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/cm\3\ 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.

[[Page 783]]

    (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 [mu]m or greater than or equal to 5 [mu]m.
    (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/mm\2\ 
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. (X-
ray analysis alone can be used as sole identification only after 70s/
mm\2\ 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 [mu]m 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/cm\3\ 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:

[[Page 784]]

[GRAPHIC] [TIFF OMITTED] TC01AP92.014

    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.

[[Page 785]]

    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.

                       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

[[Page 786]]

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)

    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 following Table III:

[[Page 787]]

[GRAPHIC] [TIFF OMITTED] TC01AP92.015

    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/mm \2\ 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.

[[Page 788]]

    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.

                              L. References

    For additional background information on this method the following 
references should be consulted.
    1. ``Guidelines for Controlling Asbestos-Containing 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 Electron 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/mm \2\ of filter, the response action

[[Page 789]]

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/mm\2\ 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 
mm\2\) 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/mm\2\.

                    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 mm\2\ 
of filter must be examined on blank filters.

                      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/mm\2\; or
    b. The three blank samples have an arithmetic mean of the asbestos 
structure concentration on the blank filters that is less than or equal 
to 70 s/mm\2\ 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
[GRAPHIC] [TIFF OMITTED] TC01AP92.016

where Y<INF>I</INF> is the average of the natural logarithms of the 
inside samples and Y<INF>O</INF> is the average of the natural 
logarithms of the outside samples, n<INF>I</INF> is the number of inside 
samples and n<INF>O</INF> 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/mm\2\, 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/mm\2\, analyze the three blanks.
    4. If the arithmetic mean concentration of structures per square 
millimeter on the blank filters is greater than 70 s/mm\2\, 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/mm\2\, 
analyze the outside samples and perform the Z-test.

[[Page 790]]

    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

             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
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 asbestos-containing 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.
    j. Repairs, involving encapsulation, enclosure, or removal, to small 
amounts of friable

[[Page 791]]

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.

                           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 types; limitations of respirators; proper 
selection, inspection; donning, use, maintenance, and storage procedures 
for respirators; methods for field testing of the

[[Page 792]]

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; 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 high-efficiency 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 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; and 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 and maintenance of barriers and

[[Page 793]]

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 walk-through 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 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,

[[Page 794]]

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 assurance 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 Asbestos-Containing 
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 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.

[[Page 795]]

    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 approach 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 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.

[[Page 796]]

    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 
lock-out; 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 on-site 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 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.
    (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.
    (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).

[[Page 797]]

    (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.

                           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 asbestos-containing 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, dose-
response 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 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

[[Page 798]]

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. fixed-station 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-visual-inspection) (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 
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

[[Page 799]]

    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 state-of-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).
    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.

[[Page 800]]

          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 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;

[[Page 801]]

    (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 cost-savings 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.

        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 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.

[[Page 802]]

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.

                  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 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.

[[Page 803]]

    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 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.

[[Page 804]]

    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.

      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 statement 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 
self-certification 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 EPA-approved 
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 Non-Accredited 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 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]

[[Page 805]]

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-of-custody 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:

                                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 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 20-cubic-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

[[Page 806]]

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 situations 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:
    <bullet<ls-thn-eq> 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.)
    <bullet<ls-thn-eq> 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.
    <bullet<ls-thn-eq> 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.
    <bullet<ls-thn-eq> 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.
    <bullet<ls-thn-eq> 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 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

[[Page 807]]

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

                     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. Morphology 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 Apparatus

                          1.5.1 Sample Analysis

    A low-power binocular microscope, preferably stereoscopic, is used 
to examine the bulk insulation sample as received.
<bullet<ls-thn-eq> Microscope: binocular, 10-45X (approximate).
<bullet<ls-thn-eq> Light Source: incandescent or fluorescent.
<bullet<ls-thn-eq> Forceps, Dissecting Needles, and Probes
<bullet<ls-thn-eq> Glassine Paper or Clean Glass Plate
    Compound microscope requirements: A polarized light microscope 
complete with polarizer, analyzer, port for wave retardation plate, 
360[deg] graduated rotating stage, substage condenser, lamp, and lamp 
iris.
<bullet<ls-thn-eq> Polarized Light Microscope: described above.
<bullet<ls-thn-eq> Objective Lenses: 10X, 20X, and 40X or near 
equivalent.
<bullet<ls-thn-eq> Dispersion Staining Objective Lens (optional)
<bullet<ls-thn-eq> Ocular Lens: 10X minimum.
<bullet<ls-thn-eq> Eyepiece Reticle: cross hair or 25 point Chalkley 
Point Array.

[[Page 808]]

<bullet<ls-thn-eq> Compensator Plate: 550 millimicron retardation.

                        1.5.2 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.
<bullet<ls-thn-eq> Ventilated Hood or negative pressure glove box.
<bullet<ls-thn-eq> Microscope Slides
<bullet<ls-thn-eq> Coverslips
<bullet<ls-thn-eq> Mortar and Pestle: agate or porcelain. (optional)
<bullet<ls-thn-eq> Wylie Mill (optional)
<bullet<ls-thn-eq> Beakers and Assorted Glassware (optional)
<bullet<ls-thn-eq> Certrifuge (optional)
<bullet<ls-thn-eq> Filtration apparatus (optional)
<bullet<ls-thn-eq> Low temperature asher (optional)

                              1.6 Reagents

                        1.6.1 Sample Preparation

<bullet<ls-thn-eq> Distilled Water (optional)
<bullet<ls-thn-eq> Dilute CH3COOH: ACS reagent grade (optional)
<bullet<ls-thn-eq> Dilute HCl: ACS reagent grade (optional)
<bullet<ls-thn-eq> Sodium metaphosphate (NaPO<INF>3</INF>)<INF>6</INF> 
(optional)

                        1.6.2 Analytical Reagents

    Refractive Index Liquids: 1.490-1.570, 1.590-1.720 in increments of 
0.002 or 0.004.
<bullet<ls-thn-eq> Refractive Index Liquids for Dispersion Staining: 
high-dispersion series, 1.550, 1.605, 1.630 (optional).
<bullet<ls-thn-eq> UICC Asbestos Reference Sample Set: Available from: 
UICC MRC Pneumoconiosis Unit, Llandough Hospital, Penarth, Glamorgan CF6 
1XW, UK, and commercial distributors.
<bullet<ls-thn-eq> Tremolite-asbestos (source to be determined)
<bullet<ls-thn-eq> Actinolite-asbestos (source to be determined)

                             1.7 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 analyst and 
contamination of samples by airborne fibers.

                             1.7.1 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.

                             1.7.2 Analysis

                        1.7.2.1 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 cross-contamination 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 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

[[Page 809]]

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 [deg]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 of 500 [deg]C or lower. 
Temperatures of 550 [deg]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 [deg]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.

                      1.7.2.3 Fiber Identification

    Positive identification of asbestos requires the determination of 
the following optical properties.
<bullet<ls-thn-eq> Morphology
<bullet<ls-thn-eq> Color and pleochroism
<bullet<ls-thn-eq> Refractive indices
<bullet<ls-thn-eq> Birefringence
<bullet<ls-thn-eq> Extinction characteristics
<bullet<ls-thn-eq> 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\
      Mineral         Morphology, color  -----------------------------  Birefring-    Extinction       Sign of
                             \a\            [alpha]        [gamma]         ence                       elonation
----------------------------------------------------------------------------------------------------------------
Chrysotile           Wavy fibers. Fiber   1.493-1.560  1.517-1.562\f\         .008  [verbar] to           +
 (asbestiform         bundles have                      (normally                    fiber length.      (length
 serpentine).         splayed ends and                  1.556).                                           slow)
                      ``kinks''. Aspect
                      ratio typically
                      <ls-thn-eq>10:1.
                      Colorless \3\,
                      nonpleochroic.
Amosite              Straight, rigid      1.635-1.696  1.655-1.729       .020-.033  [verbar] to           +
 (asbestiform         fibers. Aspect                    \f\ (normally                fiber length.      (length
 grunerite).          ratio typically                   1.696-1.710.                                      slow)
                      <ls-thn-eq>10:1.
                      Colorless to
                      brown,
                      nonpleochroic or
                      weakly so. Opaque
                      inclusions may be
                      present.
Crocidolite          Straight, rigid      1.654-1.701  1.668-1.717\3e    .014-.016  [verbar] to           -
 (asbestiform         fibers. Thick                     \ (normally                  fiber length.      (length
 Riebeckite).         fibers and bundles                close to                                          fast)
                      common, blue to                   1.700).
                      purple-blue in
                      color. Pleochroic.
                      Birefringence is
                      generally masked
                      by blue color.
Antho- phyllite-     Straight fibers and  1.596-1.652  1.615-1.676       .019-.024  [verbar] to           +
 asbestos.            acicular cleavage                 \f\.                         fiber length.      (length
                      fragments.\d\ Some                                                                  slow)
                      composite fibers.
                      Aspect ratio
                      <10:1. Colorless
                      to light brown.

[[Page 810]]


Tremolite-           Normally present as  1.599-1.668  1.622-1.688       .023-.020  Oblique               +
 actinolite-          acicular or                       \f\.                         extinction,        (length
 asbestos.            prismatic cleavage                                             10-20[deg]           slow)
                      fragments.\d\                                                  for
                      Single crystals                                                fragments.
                      predominate,                                                   Composite
                      aspect ratio                                                   fibers
                      <10:1. Colorless                                               show[hairsp][
                      to pale green.                                                 verbar]
                                                                                     extinction.
----------------------------------------------------------------------------------------------------------------
\a\ From reference 5; colors cited are seen by observation with plane polarized light.
\b\ From references 5 and 8.
\c\ Fibers subjected to heating may be brownish.
\d\ Fibers defined as having aspect ratio <ls-thn-eq>3:1.
\e\ to fiber length.
\f\ [verbar]To fiber length.


[[Page 811]]

[GRAPHIC] [TIFF OMITTED] TC01AP92.017


[[Page 812]]


                             Table 1-2--Central Stop Dispersion Staining Colors \a\
----------------------------------------------------------------------------------------------------------------
                 Mineral                     RI Liquid               [eta]                   [eta][verbar]
----------------------------------------------------------------------------------------------------------------
Chrysotile..............................     1.550 \HD\   Blue......................  Blue-magenta
Amosite.................................     1.680        Blue-magenta to pale blue.  Golden-yellow
                                             1.550\HD\    Yellow to white...........  Yellow to white
Crocidolite \b\.........................     1.700        Red magenta...............  Blue-magenta
                                             1.550\HD\    Yellow to white...........  Yellow to white
Anthophyllite...........................     1.605\HD\    Blue......................  Gold to gold-magenta
Tremolite...............................     1.605\HD c\  Pale blue.................  Gold
Actinolite..............................     1.605\HD\    Gold-magenta to blue......  Gold
                                             1.630\HD c\  Magenta...................  Golden-yellow
----------------------------------------------------------------------------------------------------------------
\a\ From reference 9.
\b\ Blue absorption color.
\c\ Oblique extinction view.

                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 (cross-hair 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
<bullet<ls-thn-eq> A cross-hair reticle and mechanical stage; or
<bullet<ls-thn-eq> 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[lE]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.

[[Page 813]]

                   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,

[lambda] = 2d sin [thetas],

is satisfied for a particular set of planes in the crystal lattice, 
where

[lambda] = the X-ray wavelength, A;
d = the interplanar spacing of the set of reflecting lattice planes, A; 
and
[thetas] = 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 A) 
and amphibole (8.2-8.5 A) 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 (<ls-thn-eq>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[deg]-60[deg] 2[thetas]; 1[deg] 2[thetas]/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                        Nonasbestiform
------------------------------------------------------------------------
SERPENTINE                                  ............................
  Chrysotile                                Antigorite, lizardite
AMPHIBOLE                                   ............................
  Anthophyllite asbestos                    Anthophyllite
  Cummingtonite-grunerite asbestos          Cummingtonite-grunerite
   (``Amosite'')
  Crocidolite                               Riebeckite
  Tremolite asbestos                        Tremolite
  Actinolite asbestos                       Actinolite
------------------------------------------------------------------------


                         Table 2-2--Principal Lattice Spacings of Asbestiform Minerals a
----------------------------------------------------------------------------------------------------------------
                                            Principal d-spacings (A) and relative
                                                         intensities               JCPDS Powder diffraction file
                 Minerals                 ----------------------------------------           \3\ number

----------------------------------------------------------------------------------------------------------------
Chrysotile...............................     7.37100       3.6570       4.5750    21-543b
                                              7.36100       3.6680       2.4565    25-645
                                              7.10100       2.3380       3.5570    22-1162 (theoretical)
``Amosite''..............................     8.33100       3.0670       2.75670   17-745 (nonfibrous)
                                              8.22100       3.06085      3.2570    27-1170 (UICC)
Anthophyllite............................     3.05100       3.2460       8.2655    9-455
                                              3.06100       8.3370       3.2350    16-401 (synthetic)
Anthophyllite............................     2.72100       2.54100      3.48080   25-157
Crocidolite..............................     8.35100       3.1055       2.72035   27-1415 (UICC)
Tremolite................................     8.38100       3.12100      2.70590   13-437b
                                              2.706100      3.1495       8.4340    20-1310b (synthetic)
                                              3.13100       2.70660      8.4440    23-666 (synthetic mixture
                                                                                    with richterite)
----------------------------------------------------------------------------------------------------------------
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 [mu]m by suitable cryogenic milling techniques, an accurately known 
amount of the sample is deposited on a silver membrane filter. The mass 
of

[[Page 814]]

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 Limitations

                           2.3.1 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:
<bullet<ls-thn-eq> Chlorite has major peaks at 7.19 A and 3.58 A That 
interfere with both the primary (7.36 A) and secondary (3.66 A) 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.
<bullet<ls-thn-eq> Halloysite has a peak at 3.63 A that interferes with 
the secondary (3.66 A) peak for chrysotile.
<bullet<ls-thn-eq> Kaolinite has a major peak at 7.15 A that may 
interfere with the primary peak of chrysotile at 7.36 A when present at 
concentrations of <ls-thn-eq>10 percent. However, the secondary 
chrysotile peak at 3.66 A may be used for quantitation.
<bullet<ls-thn-eq> Gypsum has a major peak at 7.5 A that overlaps the 
7.36 A 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 [deg]C to convert gypsum to plaster of paris.
<bullet<ls-thn-eq> Cellulose has a broad peak that partially overlaps 
the secondary (3.66 A) chrysotile peak.\8\
<bullet<ls-thn-eq> Overlap of major diagnostic peaks of the amphibole 
asbestos minerals, amosite, anthophyllite, crocidolite, and tremolite, 
at approximately 8.3 A and 3.1 A 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 (CaSO<INF>4</INF> [middot] 2H<INF>2</INF>O)
    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 (CaSO<INF>4</INF> [middot] 2H<INF>2</INF>O)
    Quartz
    *Organic binders and thickeners
    Hyrdomagnesite
    Wollastonite
    Opaques (chromite, magnetite inclusions in serpentine)
    Hematite (inclusions in ``amosite'')

[[Page 815]]

    *Amorphous materials----contribute only to overall scattered 
radiation and increased background radiation.

      Table 2-4--Interferences in XRD Analysis Asbestiform Minerals
------------------------------------------------------------------------
                                        Primary
                                      diagnostic
                                         peaks
        Asbestiform mineral          (approximate       Interference
                                      d-spacings,
                                         in A)
------------------------------------------------------------------------
Serpentine                           ............
  Chrysotile                              7.4      Nonasbestiform
                                                    serpentines
                                                    (antigorite,
                                                    lizardite)
                                                   Chlorite
                                                   Kaolinite
                                                   Gypsum
                                          3.7      Chlorite
                                                   Halloysite
                                                   Cellulose
Amphibole                            ............
  ``Amosite''                             3.1      Nonasbestiform
  Anthophyllite <3-ln [>||<ct-                      amphiboles
   integr><sq-root><integral><3-ln                  (cummingtonite-
   |<3-ln ]>                                        grunerite,
  Crocidolite                                       anthophyllite,
  Tremolite                                         riebeckite,
                                                    tremolite)
                                                   Mutual interferences
                                                   Carbonates
                                                   Talc
                                          8.3      Mutual interferences
------------------------------------------------------------------------

<bullet<ls-thn-eq> Carbonates may also interfere with quantitative 
analysis of the amphibole asbestos minerals, amosite, anthophyllite, 
crocidolite, and tremolite. Calcium carbonate (CaCO<INF>3</INF>) has a 
peak at 3.035 A that overlaps major amphibole peaks at approximately 3.1 
A when present in concentrations of <ls-thn-eq>5 percent. Removal of 
carbonates with a dilute acid wash is possible; however, if present, 
chrysotile may be partially dissolved by this treatment.\11\
<bullet<ls-thn-eq> A major talc peak at 3.12 A interferes with the 
primary tremolite peak at this same position and with secondary peaks of 
crocidolite (3.10 A), amosite (3.06 A), and anthophyllite (3.05 A). In 
the presence of talc, the major diagnostic peak at approximately 8.3 A 
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 orthorhombic anthophyllite 
separated by less than 0.2 A.\12\

                          2.3.2 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\

                     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 [mu] m.\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

[[Page 816]]

recently directed a major research effort toward the preparation and 
characterization of analytical reference materials, including asbestos 
standards; <SUP>16 17</SUP> 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 Apparatus

                        2.5.1 Sample Preparation

    Sample preparation apparatus requirements will depend upon the 
sample type under consideration and the kind of XRD analysis to be 
performed.
<bullet<ls-thn-eq> Mortar and Pestle: Agate or porcelain.
<bullet<ls-thn-eq> Razor Blades
<bullet<ls-thn-eq> Sample Mill: SPEX, Inc., freezer mill or equivalent.
<bullet<ls-thn-eq> Bulk Sample Holders
<bullet<ls-thn-eq> Silver Membrane Filters: 25-mm diameter, 0.45-[mu] m 
pore size. Selas Corp. of America, Flotronics Div., 1957 Pioneer Road, 
Huntington Valley, PA 19006.
<bullet<ls-thn-eq> Microscope Slides
<bullet<ls-thn-eq> Vacuum Filtration Apparatus: Gelman No. 1107 or 
equivalent, and side-arm vacuum flask.
<bullet<ls-thn-eq> Microbalance
<bullet<ls-thn-eq> Ultrasonic Bath or Probe: Model W140, Ultrasonics, 
Inc., operated at a power density of approximately 0.1 W/mL, or 
equivalent.
<bullet<ls-thn-eq> Volumetric Flasks: 1-L volume.
<bullet<ls-thn-eq> Assorted Pipettes
<bullet<ls-thn-eq> Pipette Bulb
<bullet<ls-thn-eq> Nonserrated Forceps
<bullet<ls-thn-eq> Polyethylene Wash Bottle
<bullet<ls-thn-eq> Pyrex Beakers: 50-mL volume.
<bullet<ls-thn-eq> Desiccator
<bullet<ls-thn-eq> Filter Storage Cassettes
<bullet<ls-thn-eq> Magnetic Stirring Plate and Bars
<bullet<ls-thn-eq> Porcelain Crucibles
<bullet<ls-thn-eq> Muffle Furnace or Low Temperature Asher

                          2.5.2 Sample Analysis

    Sample analysis requirements include an X-ray diffraction unit, 
equipped with:
<bullet<ls-thn-eq> Constant Potential Generator; Voltage and mA 
Stabilizers
<bullet<ls-thn-eq> Automated Diffractometer with Step-Scanning Mode
<bullet<ls-thn-eq> Copper Target X-Ray Tube: High intensity, fine focus, 
preferably.
<bullet<ls-thn-eq> X-Ray Pulse Height Selector
<bullet<ls-thn-eq> X-Ray Detector (with high voltage power supply): 
Scintillation or proportional counter.
<bullet<ls-thn-eq> Focusing Graphite Crystal Monochromator; or Nickel 
Filter (if copper source is used, and iron fluorescence is not a serious 
problem).
<bullet<ls-thn-eq> Data Output Accessories:
    <bullet<ls-thn-eq> Strip Chart Recorder
    <bullet<ls-thn-eq> Decade Scaler/Timer
    <bullet<ls-thn-eq> Digital Printer
<bullet<ls-thn-eq> Sample Spinner (optional).
<bullet<ls-thn-eq> Instrument Calibration Reference Specimen: [alpha]-
quartz reference crystal (Arkansas quartz standard, <greek-i>180-147-00, 
Philips Electronics Instruments, Inc., 85 McKee Drive, Mahwah, NJ 07430) 
or equivalent.

                              2.6 Reagents

                   2.6.1 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.
<bullet<ls-thn-eq> Chrysotile: UICC Canadian, or NIEHS Plastibest. (UICC 
reference materials available from: UICC, MRC Pneumoconiosis Unit, 
Llandough Hospital, Penarth, Glamorgan, CF61XW, UK).
<bullet<ls-thn-eq> Crocidolite: UICC
<bullet<ls-thn-eq> Amosite: UICC
<bullet<ls-thn-eq> Anthophyllite: UICC
<bullet<ls-thn-eq> 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.
<bullet<ls-thn-eq> 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.

[[Page 817]]

                              2.7 Procedure

                             2.7.1 Sampling

    Samples for analysis of asbestos content shall be collected as 
specified in EPA Guidance Document <greek-i>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.

                       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.<SUP>19,&thnsp[gE]22</SUP> 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 
(<ls-thn-eq>2-3 mm) should be comminuted to 100 [mu]m. 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 samples 
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 [mu]m (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 [mu]m. \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 [deg]C and and 650 [deg]C, 
with subsequent transformation to forsterite,\23, 24\ ashing 
temperatures should be kept below 500 [deg]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 [deg]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 [mu]m) 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 the serpentine (67.4 A) and amphibole (8.2-

[[Page 818]]

8.5 A) minerals (see Table 2-2). The X-ray diffraction equipment should 
be optimized for intensity. A slow scanning speed of 1[deg] 
2<INF>[thetas]</INF>/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[deg]-60[deg] 2<INF>[thetas]</INF>; 1[deg]2<INF>[thetas]</INF>/
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 [mu]m 
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 
2<INF>[thetas]</INF> 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.

                      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 [deg]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, W<INF>T</INF>, 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[deg] 2<INF>[thetas]</INF> 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 background on each side of the peak for one-

[[Page 819]]

half the peak-scanning time. The net intensity, I<INF>a</INF>, is the 
difference between the peak integrated count and the total background 
count.
    13. Determine the net count, I<INF>Ag</INF>, of the filter 2.36 A 
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, I<INF>A.7g.</INF> 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 A peak of an [alpha]-quartz reference crystal). After each unknown 
is scanned, determine the net count, I<INF>r</INFI, of the reference 
specimen following the procedure in step 12. Determine the normalized 
intensities by dividing the peak intensities by I<INF>r.7:</INF>
[GRAPHIC] [TIFF OMITTED] TC01AP92.018

                             2.8 Calibration

               2.8.1 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 [deg]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 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.

                 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, 
I<INF>s.7td,</INF> 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 I2<INF>s.7td</INF> 
on w. Poor reproducibility (<plus-minus<ls-thn-eq>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 I<INF>s.7td</INF> 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, I<INF>Ag</INF>, for the attenuated 
silver peak of a sample, and the corresponding normalized intensity from 
the unattenuated silver peak, I<INF>A.7g</INF>, of the sample filter, 
calculate the transmittance, T, for each sample as follows:\26\ \27\
[GRAPHIC] [TIFF OMITTED] TC01AP92.019

    Determine the correction factor, f(T), for each sample according to 
the formula:

                   ......           -R (ln T)
                    f (T)           --------
                        =
                   ......             l-TR


where

[[Page 820]]


                  .....          sin [Theta]Ag
                    R =             --------
                  .....           sin [Theta]a


<INF>[thetas]Ag</INF>=angular position of the measured silver peak (from 
Bragg's Law), and
<INF>[thetas]a</INF>=angular position of the diagnostic asbestos peak.
    Calculate the weight, W<INF>a</INF>, in micrograms, of the asbestos 
material analyzed for in each sample, using the appropriate calibration 
data and absorption corrections:
[GRAPHIC] [TIFF OMITTED] TC01AP92.020

    Calculate the percent composition, P<INF>a</INF>, of each asbestos 
mineral analyzed for in the parent material, from the total sample 
weight, W<INF>T</INF>, on the filter:

                   .....           Wa(1-.01L)
                    Pa =           ----------           x 100
                   .....               WT


where

P<INF>a</INF>=percent asbestos mineral in parent material;
W<INF>a</INF>=mass of asbestos mineral on filter, in [mu]g;
W<INF>T</INF>=total sample weight on filter, in [mu]g;
L=percent weight loss of parent material on ashing and/or acid treatment 
(see Section 2.7.2.3).

                             2.10 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.
    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

[[Page 821]]

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. Stober, H. Opiela, and 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.

Sec. 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.

Sec. 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 
Sec. 763.123, you must follow the requirements of this subpart to 
protect your employees from occupational exposure to asbestos.

Sec. 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.

Sec. 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).

[[Page 822]]

    (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.

Sec. 763.160  Scope.

    This subpart prohibits the manufacture, importation, processing, and 
distribution in commerce of the asbestos-containing products identified 
and at the dates indicated in Sec. Sec. 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.

Sec. 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.

[[Page 823]]

    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 asbestos-containing 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 asbestos-containing 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 customs 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 Sec. 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

[[Page 824]]

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 asbestos-containing 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]

Sec. 763.165  Manufacture and importation prohibitions.

    (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]

Sec. 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 Sec. 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 Sec. 763.165(b).

[59 FR 33209, June 28, 1994]

Sec. 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 Sec. 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 Sec. 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]

Sec. 763.171  Labeling requirements.

    (a) After August 27, 1990, manufacturers, importers, and processors 
of all asbestos-containing products that are identified in Sec. 
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 Sec. 
763.165(b), shall label the products as specified in this subpart at the 
time of manufacture, import, or processing. This requirement includes

[[Page 825]]

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]

Sec. 763.173  Exemptions.

    (a) Persons who are subject to the prohibitions imposed by 
Sec. Sec. 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 Sec. Sec. 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 Sec. 
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 Sec. Sec. 
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.

[[Page 826]]

    (4) Applications for products affected by the ban under Sec. 
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 Sec. 763.169 for a product at the same time the applicant 
submits an application for an exemption from a ban under Sec. 763.165 
or Sec. 763.167 for that product. EPA will grant an exemption at that 
time from a ban under Sec. 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 Sec. 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,

[[Page 827]]

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 Sec. Sec. 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 
determine 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]

Sec. 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

[[Page 828]]

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.

Sec. 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.

Sec. 763.178  Recordkeeping.

    (a) Inventory. (1) Each person who is subject to the prohibitions 
imposed by Sec. Sec. 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 Sec. 763.165 
or Sec. 763.167 ban on the product.
    (b) Records. (1) Each person whose activities are subject to the 
bans imposed by Sec. Sec. 763.165, 763.167, and 763.169 for a product 
must, between the effective date of the Sec. 763.165 or Sec. 763.167 
ban on the product and the Sec. 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 Sec. 763.169 ban for the product.
    (2) Each person who is subject to the requirements of Sec. 763.171 
must, for each product required to be labeled, maintain a copy of the 
label used in compliance with Sec. 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 Sec. 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]

Sec. 763.179  Confidential business information claims.

    (a) Applicants for exemptions under Sec. 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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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.