CFR 2011 Title40 Vol31 Part763 SubpartE

8/20/2019 CFR 2011 Title40 Vol31 Part763 SubpartE

http://slidepdf.com/reader/full/cfr-2011-title40-vol31-part763-subparte 1/88

845

Environmental Protection Agency § 763.80

(c) Record all testing parameters andexperimental conditions from the suc-cessful validation study into a stand-ard operating procedure (SOP) for ref-erence whenever the decontaminationprocedure is used. Include in the SOPthe identity of the soaking solvent, thelength of time of the soak, and theratio of the soak solvent to contami-nated surface area during the soakingprocess. Also include in the SOP themaximum concentration of PCBs in thespilled material and the identity of thespilled material, and/or the measured

maximum surface concentration of thecontaminated surface used in the vali-dation study. Record and keep the re-sults of the validation study as an ap-pendix to the SOP. Include in this ap-pendix, the solvent used to make thespiking solution, the PCB concentra-tion of the spiking solution used tocontaminate the surfaces in the valida-tion study, and all of the validationstudy testing parameters and experi-mental conditions.

[63 FR 35473, June 29, 1998, as amended at 72FR 57241, Oct. 9, 2007; 74 FR 30235, June 25,2009]

PART 763—ASBESTOSSubparts A–D [Reserved]

Subpart E—Asbestos-Containing Materialsin Schools

Sec.763.80 Scope and purpose.763.83 Definitions.763.84 General local education agency re-

sponsibilities.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 TRANS-MISSION ELECTRON MICROSCOPY ANALYT-ICAL METHODS —MANDATORY AND NON-MANDATORY — AND MANDATORY SECTION TO DETERMINE COMPLETION OF RESPONSE AC-TIONS

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 O F T HE 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 as-bestos worker protection plan?

Subpart H [Reserved]

Subpart I—Prohibition of the Manufacture,Importation, Processing, and Distribu-tion in Commerce of Certain Asbestos-Containing Products; Labeling Require-ments

763.160 Scope.763.163 Definitions.763.165 Manufacture and importation prohi-

bitions.763.167 Processing prohibitions.763.169 Distribution in commerce prohibi-

tions.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, and2646.

Subparts A–D [Reserved]

Subpart E—Asbestos-ContainingMaterials in Schools

SOURCE: 52 FR 41846, Oct. 30, 1987, unlessotherwise noted.

§ 763.80 Scope and purpose.(a) This rule requires local education

agencies to identify friable and nonfri-able asbestos-containing material(ACM) in public and private elemen-tary and secondary schools by visuallyinspecting school buildings for suchmaterials, sampling such materials ifthey are not assumed to be ACM, andhaving samples analyzed by appro-priate techniques referred to in thisrule. The rule requires local education

VerDate Mar<15>2010 16:57 Aug 29, 2011 Jkt 223174 PO 00000 Frm 00855 Fmt 8010 Sfmt 8010 Q:\40\40V31.TXT ofr150 PsN: PC150



846

40 CFR Ch. I (7–1–11 Edition)§ 763.83

agencies to submit management plansto the Governor of their State by Octo-ber 12, 1988, begin to implement theplans by July 9, 1989, and complete im-plementation of the plans in a timelyfashion. In addition, local educationagencies are required to use personswho have been accredited to conductinspections, reinspections, developmanagement plans, or perform re-sponse actions. The rule also includesrecordkeeping requirements. Localeducation agencies may contractuallydelegate their duties under this rule,

but they remain responsible for theproper performance of those duties.Local education agencies are encour-aged to consult with EPA Regional As-bestos Coordinators, or if applicable, aState’s lead agency designated by theState Governor, for assistance in com-plying with this rule.

(b) Local education agencies mustprovide for the transportation and dis-posal of asbestos in accordance withEPA’s ‘‘Asbestos Waste ManagementGuidance.’’ For convenience, applicablesections of this guidance are reprintedas Appendix D of this subpart. Thereare regulations in place, however, that

affect transportation and disposal ofasbestos waste generated by this rule.The transportation of asbestos waste iscovered by the Department of Trans-portation (49 CFR part 173, subpart J)and disposal is covered by the NationalEmissions Standards for Hazardous AirPollutants (NESHAP) (40 CFR part 61,subpart M).

§ 763.83 Definitions.

For purposes of this subpart:

Act means the Toxic Substances Con-trol Act (TSCA), 15 U.S.C. 2601, et seq.

Accessible when referring to ACMmeans that the material is subject todisturbance by school building occu-

pants or custodial or maintenance per-sonnel in the course of their normal ac-tivities.

Accredited or accreditation when refer-ring to a person or laboratory meansthat such person or laboratory is ac-credited in accordance with section 206of Title II of the Act.

Air erosion means the passage of airover friable ACBM which may result inthe release of asbestos fibers.

Asbestos means the asbestiform vari-eties of: Chrysotile (serpentine); cro-cidolite (riebeckite); amosite (cum-mingtonitegrunerite); anthophyllite;tremolite; and actinolite.

Asbestos-containing material (ACM)when referring to school buildingsmeans any material or product whichcontains more than 1 percent asbestos.

Asbestos-containing building material

(ACBM) means surfacing ACM, thermalsystem insulation ACM, or miscella-neous ACM that is found in or on inte-rior structural members or other partsof a school building.

Asbestos debris means pieces of ACBMthat can be identified by color, texture,or composition, or means dust, if thedust is determined by an accredited in-spector to be ACM.

Damaged friable miscellaneous ACM

means friable miscellaneous ACMwhich has deteriorated or sustainedphysical injury such that the internalstructure (cohesion) of the material isinadequate or, if applicable, which hasdelaminated such that its bond to thesubstrate (adhesion) is inadequate orwhich for any other reason lacks fibercohesion or adhesion qualities. Such

damage or deterioration may be illus-trated by the separation of ACM intolayers; separation of ACM from thesubstrate; flaking, blistering, or crum-bling of the ACM surface; water dam-age; significant or repeated waterstains, scrapes, gouges, mars or othersigns of physical injury on the ACM.Asbestos debris originating from theACBM in question may also indicatedamage.

Damaged friable surfacing ACM meansfriable surfacing ACM which has dete-riorated or sustained physical injurysuch that the internal structure (cohe-sion) of the material is inadequate orwhich has delaminated such that its

bond to the substrate (adhesion) is in-adequate, or which, for any other rea-son, lacks fiber cohesion or adhesionqualities. Such damage or deteriora-tion may be illustrated by the separa-tion of ACM into layers; separation ofACM from the substrate; flaking, blis-tering, or crumbling of the ACM sur-face; water damage; significant or re-peated water stains, scrapes, gouges,mars or other signs of physical injury




847


on the ACM. Asbestos debris origi-nating from the ACBM in question mayalso indicate damage.

Damaged or significantly damaged ther-

mal system insulation ACM means ther-mal system insulation ACM on pipes,boilers, tanks, ducts, and other ther-mal system insulation equipmentwhere the insulation has lost its struc-tural integrity, or its covering, inwhole or in part, is crushed, water-stained, gouged, punctured, missing, ornot intact such that it is not able tocontain fibers. Damage may be furtherillustrated by occasional punctures,gouges or other signs of physical injuryto ACM; occasional water damage onthe protective coverings/jackets; or ex-posed ACM ends or joints. Asbestos de-bris originating from the ACBM inquestion may also indicate damage.

Encapsulation means the treatment ofACBM with a material that surroundsor embeds asbestos fibers in an adhe-sive matrix to prevent the release of fi-bers, as the encapsulant creates amembrane over the surface (bridgingencapsulant) or penetrates the mate-rial and binds its components together(penetrating encapsulant).

Enclosure means an airtight, imper-meable, permanent barrier aroundACBM to prevent the release of asbes-tos fibers into the air.

Fiber release episode means any un-controlled or unintentional disturb-ance of ACBM resulting in visible emis-sion.

Friable when referring to material ina school building means that the mate-rial, when dry, may be crumbled, pul-verized, or reduced to powder by handpressure, and includes previously non-friable material after such previouslynonfriable material becomes damagedto the extent that when dry it may becrumbled, pulverized, or reduced to

powder by hand pressure.Functional space means a room, group

of rooms, or homogeneous area (includ-ing crawl spaces or the space between adropped ceiling and the floor or roofdeck above), such as classroom(s), acafeteria, gymnasium, hallway(s), des-ignated by a person accredited to pre-pare management plans, design abate-ment projects, or conduct response ac-tions.

High-efficiency particulate air (HEPA)refers to a filtering system capable oftrapping and retaining at least 99.97percent of all monodispersed particles0.3 µm in diameter or larger.

Homogeneous area means an area ofsurfacing material, thermal system in-sulation material, or miscellaneousmaterial that is uniform in color andtexture.

Local education agency means:(1) Any local educational agency as

defined in section 198 of the Elemen-tary and Secondary Education Act of

1965 (20 U.S.C. 3381).(2) The owner of any nonpublic, non-

profit elementary, or secondary schoolbuilding.

(3) The governing authority of anyschool operated under the defense de-pendent’s education system providedfor under the Defense Dependents’ Edu-cation Act of 1978 (20 U.S.C. 921, etseq.).

Miscellaneous ACM means miscella-neous material that is ACM in a schoolbuilding.

Miscellaneous material means interiorbuilding material on structural compo-nents, structural members or fixtures,such as floor and ceiling tiles, and does

not include surfacing material or ther-mal system insulation.

Nonfriable means material in a schoolbuilding which when dry may not becrumbled, pulverized, or reduced topowder by hand pressure.

Operations and maintenance program

means a program of work practices tomaintain friable ACBM in good condi-tion, ensure clean up of asbestos fiberspreviously released, and prevent fur-ther release by minimizing and con-trolling friable ACBM disturbance ordamage.

Potential damage means cir-cumstances in which:

(1) Friable ACBM is in an area regu-

larly used by building occupants, in-cluding maintenance personnel, in thecourse of their normal activities.

(2) There are indications that there isa reasonable likelihood that the mate-rial or its covering will become dam-aged, deteriorated, or delaminated dueto factors such as changes in buildinguse, changes in operations and mainte-nance practices, changes in occupancy,or recurrent damage.




848

40 CFR Ch. I (7–1–11 Edition)§ 763.84

Potential significant damage meanscircumstances in which:

(1) Friable ACBM is in an area regu-larly used by building occupants, in-cluding maintenance personnel, in thecourse of their normal activities.

(2) There are indications that there isa reasonable likelihood that the mate-rial or its covering will become signifi-cantly damaged, deteriorated, ordelaminated due to factors such aschanges in building use, changes in op-erations and maintenance practices,changes in occupancy, or recurrentdamage.

(3) The material is subject to majoror continuing disturbance, due to fac-tors including, but not limited to, ac-cessibility or, under certain cir-cumstances, vibration or air erosion.

Preventive measures means actionstaken to reduce disturbance of ACBMor otherwise eliminate the reasonablelikelihood of the material’s becomingdamaged or significantly damaged.

Removal means the taking out or thestripping of substantially all ACBMfrom a damaged area, a functionalspace, or a homogeneous area in aschool building.

Repair means returning damagedACBM to an undamaged condition or toan intact state so as to prevent fiberrelease.

Response action means a method, in-cluding removal, encapsulation, enclo-sure, repair, operations and mainte-nance, that protects human health andthe environment from friable ACBM.

Routine maintenance area means anarea, such as a boiler room or mechan-ical room, that is not normally fre-quented by students and in whichmaintenance employees or contractworkers regularly conduct mainte-nance activities.

School means any elementary or sec-

ondary school as defined in section 198of the Elementary and Secondary Edu-cation Act of 1965 (20 U.S.C. 2854).

School building means:

(1) Any structure suitable for use as aclassroom, including a school facilitysuch as a laboratory, library, schooleating facility, or facility used for thepreparation of food.

(2) Any gymnasium or other facilitywhich is specially designed for athletic

or recreational activities for an aca-demic course in physical education.

(3) Any other facility used for the in-struction or housing of students or forthe administration of educational orresearch programs.

(4) Any maintenance, storage, or util-ity facility, including any hallway, es-sential to the operation of any facilitydescribed in this definition of ‘‘schoolbuilding’’ under paragraphs (1), (2), or(3).

(5) Any portico or covered exteriorhallway or walkway.

(6) Any exterior portion of a mechan-ical system used to condition interiorspace.

Significantly damaged friable miscella-

neous ACM means damaged friable mis-cellaneous ACM where the damage isextensive and severe.

Significantly damaged friable surfacing

ACM means damaged friable surfacingACM in a functional space where thedamage is extensive and severe.

State means a State, the District ofColumbia, the Commonwealth of Puer-to Rico, Guam, American Samoa, theNorthern Marianas, the Trust Terri-tory of the Pacific Islands, and the Vir-

gin Islands.Surfacing ACM means surfacing mate-

rial that is ACM.

Surfacing material means material ina school building that is sprayed-on,troweled-on, or otherwise applied tosurfaces, such as acoustical plaster onceilings and fireproofing materials onstructural members, or other materialson surfaces for acoustical, fireproofing,or other purposes.

Thermal system insulation means ma-terial in a school building applied topipes, fittings, boilers, breeching,tanks, ducts, or other interior struc-tural components to prevent heat lossor gain, or water condensation, or for

other purposes.Thermal system insulation ACM means

thermal system insulation that isACM.

Vibration means the periodic motionof friable ACBM which may result inthe release of asbestos fibers.

§ 763.84 General local education agen-cy responsibilities.

Each local education agency shall:




849


(a) Ensure that the activities of anypersons who perform inspections, re-inspections, and periodic surveillance,develop and update management plans,and develop and implement responseactions, including operations andmaintenance, are carried out in accord-ance with subpart E of this part.

(b) Ensure that all custodial andmaintenance employees are properlytrained as required by this subpart Eand other applicable Federal and/orState regulations (e.g., the Occupa-tional Safety and Health Administra-

tion asbestos standard for construc-tion, the EPA worker protection rule,or applicable State regulations).

(c) Ensure that workers and buildingoccupants, or their legal guardians, areinformed at least once each school yearabout inspections, response actions,and post-response action activities, in-cluding periodic reinspection and sur-veillance activities that are planned orin progress.

(d) Ensure that short-term workers(e.g., telephone repair workers, utilityworkers, or exterminators) who maycome in contact with asbestos in aschool are provided information re-garding the locations of ACBM and sus-pected ACBM assumed to be ACM.

(e) Ensure that warning labels areposted in accordance with §763.95.

(f) Ensure that management plansare available for inspection and notifi-cation of such availability has beenprovided as specified in the manage-ment plan under §763.93(g).

(g)(1) Designate a person to ensurethat requirements under this sectionare properly implemented.

(2) Ensure that the designated personreceives adequate training to performduties assigned under this section.Such training shall provide, as nec-essary, basic knowledge of:

(i) Health effects of asbestos.(ii) Detection, identification, and as-

sessment of ACM.

(iii) Options for controlling ACBM.

(iv) Asbestos management programs.

(v) Relevant Federal and State regu-lations concerning asbestos, includingthose in this subpart E and those of theOccupational Safety and Health Ad-ministration, U.S. Department ofLabor, the U.S. Department of Trans-

portation and the U.S. EnvironmentalProtection Agency.

(h) Consider whether any conflict ofinterest may arise from the inter-relationship among accredited per-sonnel and whether that should influ-ence the selection of accredited per-sonnel to perform activities under thissubpart.

§ 763.85 Inspection and reinspections.

(a) Inspection. (1) Except as providedin paragraph (a)(2) of this section, be-fore October 12, 1988, local education

agencies shall inspect each schoolbuilding that they lease, own, or other-wise use as a school building to iden-tify all locations of friable and nonfri-able ACBM.

(2) Any building leased or acquired onor after October 12, 1988, that is to beused as a school building shall be in-spected as described under paragraphs(a) (3) and (4) of this section prior touse as a school building. In the eventthat emergency use of an uninspectedbuilding as a school building is neces-sitated, such buildings shall be in-spected within 30 days after commence-ment of such use.

(3) Each inspection shall be made by

an accredited inspector.(4) For each area of a school building,

except as excluded under §763.99, eachperson performing an inspection shall:

(i) Visually inspect the area to iden-tify the locations of all suspectedACBM.

(ii) Touch all suspected ACBM to de-termine whether they are friable.

(iii) Identify all homogeneous areasof friable suspected ACBM and all ho-mogeneous areas of nonfriable sus-pected ACBM.

(iv) Assume that some or all of thehomogeneous areas are ACM, and, foreach homogeneous area that is not as-sumed to be ACM, collect and submit

for analysis bulk samples under§§763.86 and 763.87.

(v) Assess, under §763.88, friable ma-terial in areas where samples are col-lected, friable material in areas thatare assumed to be ACBM, and friableACBM identified during a previous in-spection.

(vi) Record the following and submitto the person designated under § 763.84a copy of such record for inclusion in




850

40 CFR Ch. I (7–1–11 Edition)§ 763.86

the management plan within 30 days ofthe inspection:

(A) An inspection report with thedate of the inspection signed by eachaccredited person making the inspec-tion, State of accreditation, and if ap-plicable, his or her accreditation num-ber.

(B) An inventory of the locations ofthe homogeneous areas where samplesare collected, exact location whereeach bulk sample is collected, datesthat samples are collected, homo-geneous areas where friable suspectedACBM is assumed to be ACM, and ho-mogeneous areas where nonfriable sus-pected ACBM is assumed to be ACM.

(C) A description of the manner usedto determine sampling locations, thename and signature of each accreditedinspector who collected the samples,State of accreditation, and, if applica-ble, his or her accreditation number.

(D) A list of whether the homo-geneous areas identified under para-graph (a)(4)(vi)(B) of this section, aresurfacing material, thermal system in-sulation, or miscellaneous material.

(E) Assessments made of friable ma-terial, the name and signature of each

accredited inspector making the as-sessment, State of accreditation, and ifapplicable, his or her accreditationnumber.

(b) Reinspection. (1) At least onceevery 3 years after a management planis in effect, each local education agen-cy shall conduct a reinspection of allfriable and nonfriable known or as-sumed ACBM in each school buildingthat they lease, own, or otherwise useas a school building.

(2) Each inspection shall be made byan accredited inspector.

(3) For each area of a school building,each person performing a reinspectionshall:

(i) Visually reinspect, and reassess,under § 763.88, the condition of all fri-able known or assumed ACBM.

(ii) Visually inspect material thatwas previously considered nonfriableACBM and touch the material to deter-mine whether it has become friablesince the last inspection or reinspec-tion.

(iii) Identify any homogeneous areaswith material that has become friable

since the last inspection or reinspec-tion.

(iv) For each homogeneous area ofnewly friable material that is alreadyassumed to be ACBM, bulk samplesmay be collected and submitted foranalysis in accordance with §§ 763.86and 763.87.

(v) Assess, under §763.88, the condi-tion of the newly friable material inareas where samples are collected, andnewly friable materials in areas thatare assumed to be ACBM.

(vi) Reassess, under §763.88, the con-dition of friable known or assumedACBM previously identified.

(vii) Record the following and submitto the person designated under § 763.84a copy of such record for inclusion inthe management plan within 30 days ofthe reinspection:

(A) The date of the reinspection, thename and signature of the person mak-ing the reinspection, State of accredi-tation, and if applicable, his or her ac-creditation number, and any changesin the condition of known or assumedACBM.

(B) The exact locations where sam-ples are collected during the reinspec-

tion, a description of the manner usedto determine sampling locations, thename and signature of each accreditedinspector who collected the samples,State of accreditation, and, if applica-ble, his or her accreditation number.

(C) Any assessments or reassess-ments made of friable material, thename and signature of the accreditedinspector making the assessments,State of accreditation, and if applica-ble, his or her accreditation number.

(c) General. Thermal system insula-tion that has retained its structural in-tegrity and that has an undamagedprotective jacket or wrap that preventsfiber release shall be treated as nonfri-

able and therefore is subject only toperiodic surveillance and preventivemeasures as necessary.

§ 763.86 Sampling.

(a) Surfacing material. An accreditedinspector shall collect, in a statis-tically random manner that is rep-resentative of the homogeneous area,bulk samples from each homogeneousarea of friable surfacing material that




851


is not assumed to be ACM, and shallcollect the samples as follows:

(1) At least three bulk samples shallbe collected from each homogeneousarea that is 1,000 ft2 or less, except asprovided in §763.87(c)(2).

(2) At least five bulk samples shall becollected from each homogeneous areathat is greater than 1,000 ft2 but lessthan or equal to 5,000 ft2, except as pro-vided in §763.87(c)(2).

(3) At least seven bulk samples shallbe collected from each homogeneousarea that is greater than 5,000 ft2, ex-

cept as provided in §763.87(c)(2).(b) Thermal system insulation. (1) Ex-

cept as provided in paragraphs (b) (2)through (4) of this section and§ 763.87(c), an accredited inspector shallcollect, in a randomly distributed man-ner, at least three bulk samples fromeach homogeneous area of thermal sys-tem insulation that is not assumed tobe ACM.

(2) Collect at least one bulk samplefrom each homogeneous area ofpatched thermal system insulationthat is not assumed to be ACM if thepatched section is less than 6 linear orsquare feet.

(3) In a manner sufficient to deter-

mine whether the material is ACM ornot ACM, collect bulk samples fromeach insulated mechanical system thatis not assumed to be ACM where ce-ment or plaster is used on fittings suchas tees, elbows, or valves, except asprovided under §763.87(c)(2).

(4) Bulk samples are not required tobe collected from any homogeneousarea where the accredited inspector hasdetermined that the thermal systeminsulation is fiberglass, foam glass,rubber, or other non-ACBM.

(c) Miscellaneous material. In a man-ner sufficient to determine whethermaterial is ACM or not ACM, an ac-credited inspector shall collect bulk

samples from each homogeneous areaof friable miscellaneous material thatis not assumed to be ACM.

(d) Nonfriable suspected ACBM. If anyhomogeneous area of nonfriable sus-pected ACBM is not assumed to beACM, then an accredited inspectorshall collect, in a manner sufficient todetermine whether the material isACM or not ACM, bulk samples fromthe homogeneous area of nonfriable

suspected ACBM that is not assumed tobe ACM.

§ 763.87 Analysis.

(a) Local education agencies shallhave bulk samples, collected under§ 763.86 and submitted for analysis, ana-lyzed for asbestos using laboratoriesaccredited by the National Bureau ofStandards (NBS). Local educationagencies shall use laboratories whichhave received interim accreditation forpolarized light microscopy (PLM) anal-ysis under the EPA Interim Asbestos

Bulk Sample Analysis Quality Assur-ance Program until the NBS PLM lab-oratory accreditation program for PLMis operational.

(b) Bulk samples shall not be compos-ited for analysis and shall be analyzedfor asbestos content by PLM, using the‘‘Interim Method for the Determina-tion of Asbestos in Bulk InsulationSamples’’ found at appendix E to sub-part E of this part.

(c)(1) A homogeneous area is consid-ered not to contain ACM only if the re-sults of all samples required to be col-lected from the area show asbestos inamounts of 1 percent or less.

(2) A homogeneous area shall be de-

termined to contain ACM based on afinding that the results of at least onesample collected from that area showsthat asbestos is present in an amountgreater than 1 percent.

(d) The name and address of each lab-oratory performing an analysis, thedate of analysis, and the name and sig-nature of the person performing theanalysis shall be submitted to the per-son designated under § 763.84 for inclu-sion into the management plan within30 days of the analysis.

[52 FR 41846, Oct. 30, 1987, as amended at 60FR 31922, June 19, 1995]

§ 763.88 Assessment.

(a)(1) For each inspection and rein-spection conducted under § 763.85 (a)and (c) and previous inspections speci-fied under § 763.99, the local educationagency shall have an accredited inspec-tor provide a written assessment of allfriable known or assumed ACBM in theschool building.

(2) Each accredited inspector pro-viding a written assessment shall signand date the assessment, provide his or




852

40 CFR Ch. I (7–1–11 Edition)§ 763.90

her State of accreditation, and if appli-cable, accreditation number, and sub-mit a copy of the assessment to theperson designated under § 763.84 for in-clusion in the management plan within30 days of the assessment.

(b) The inspector shall classify andgive reasons in the written assessmentfor classifying the ACBM and suspectedACBM assumed to be ACM in theschool building into one of the fol-lowing categories:

(1) Damaged or significantly dam-aged thermal system insulation ACM.

(2) Damaged friable surfacing ACM.(3) Significantly damaged friable sur-

facing ACM.(4) Damaged or significantly dam-

aged friable miscellaneous ACM.(5) ACBM with potential for damage.(6) ACBM with potential for signifi-

cant damage.(7) Any remaining friable ACBM or

friable suspected ACBM.(c) Assessment may include the fol-

lowing considerations:(1) Location and the amount of the

material, both in total quantity and asa percentage of the functional space.

(2) Condition of the material, speci-fying:

(i) Type of damage or significantdamage (e.g., flaking, blistering, waterdamage, or other signs of physicaldamage).

(ii) Severity of damage (e.g., majorflaking, severely torn jackets, as op-posed to occasional flaking, minortears to jackets).

(iii) Extent or spread of damage overlarge areas or large percentages of thehomogeneous area.

(3) Whether the material is acces-sible.

(4) The material’s potential for dis-turbance.

(5) Known or suspected causes ofdamage or significant damage (e.g., air

erosion, vandalism, vibration, water).(6) Preventive measures which might

eliminate the reasonable likelihood ofundamaged ACM from becoming sig-nificantly damaged.

(d) The local education agency shallselect a person accredited to developmanagement plans to review the re-sults of each inspection, reinspection,and assessment for the school buildingand to conduct any other necessary ac-

tivities in order to recommend in writ-ing to the local education agency ap-propriate response actions. The accred-ited person shall sign and date the rec-ommendation, provide his or her Stateof accreditation, and, if applicable, pro-vide his or her accreditation number,and submit a copy of the recommenda-tion to the person designated under§ 763.84 for inclusion in the manage-ment plan.

§ 763.90 Response actions.

(a) The local education agency shallselect and implement in a timely man-ner the appropriate response actions inthis section consistent with the assess-ment conducted in §763.88. The re-sponse actions selected shall be suffi-cient to protect human health and theenvironment. The local educationagency may then select, from the re-sponse actions which protect humanhealth and the environment, that ac-tion which is the least burdensomemethod. Nothing in this section shallbe construed to prohibit removal ofACBM from a school building at anytime, should removal be the preferredresponse action of the local education

agency.(b) If damaged or significantly dam-aged thermal system insulation ACM ispresent in a building, the local edu-cation agency shall:

(1) At least repair the damaged area.

(2) Remove the damaged material ifit is not feasible, due to technologicalfactors, to repair the damage.

(3) Maintain all thermal system insu-lation ACM and its covering in an in-tact state and undamaged condition.

(c)(1) If damaged friable surfacingACM or damaged friable miscellaneousACM is present in a building, the localeducation agency shall select fromamong the following response actions:

encapsulation, enclosure, removal, orrepair of the damaged material.

(2) In selecting the response actionfrom among those which meet the defi-nitional standards in § 763.83, the localeducation agency shall determinewhich of these response actions pro-tects human health and the environ-ment. For purposes of determiningwhich of these response actions are theleast burdensome, the local education




853


agency may then consider local cir-cumstances, including occupancy anduse patterns within the school build-ing, and its economic concerns, includ-ing short- and long-term costs.

(d) If significantly damaged friablesurfacing ACM or significantly dam-aged friable miscellaneous ACM ispresent in a building the local edu-cation agency shall:

(1) Immediately isolate the func-tional space and restrict access, unlessisolation is not necessary to protecthuman health and the environment.

(2) Remove the material in the func-tional space or, depending upon wheth-er enclosure or encapsulation would besufficient to protect human health andthe environment, enclose or encap-sulate.

(e) If any friable surfacing ACM,thermal system insulation ACM, or fri-able miscellaneous ACM that has po-tential for damage is present in abuilding, the local education agencyshall at least implement an operationsand maintenance (O&M) program, asdescribed under §763.91.

(f) If any friable surfacing ACM, ther-mal system insulation ACM, or friablemiscellaneous ACM that has potential

for significant damage is present in abuilding, the local education agencyshall:

(1) Implement an O&M program, asdescribed under §763.91.

(2) Institute preventive measures ap-propriate to eliminate the reasonablelikelihood that the ACM or its coveringwill become significantly damaged, de-teriorated, or delaminated.

(3) Remove the material as soon aspossible if appropriate preventivemeasures cannot be effectively imple-mented, or unless other response ac-tions are determined to protect humanhealth and the environment. Imme-diately isolate the area and restrict ac-

cess if necessary to avoid an imminentand substantial endangerment tohuman health or the environment.

(g) Response actions including re-moval, encapsulation, enclosure, or re-pair, other than small-scale, short-du-ration repairs, shall be designed andconducted by persons accredited to de-sign and conduct response actions.

(h) The requirements of this subpartE in no way supersede the worker pro-

tection and work practice require-ments under 29 CFR 1926.58 (Occupa-tional Safety and Health Administra-tion (OSHA) asbestos worker protec-tion standards for construction), 40CFR part 763, subpart G (EPA asbestosworker protection standards for publicemployees), and 40 CFR part 61, sub-part M (National Emission Standardsfor Hazardous Air Pollutants—Asbes-tos).

(i) Completion of response actions. (1)At the conclusion of any action to re-move, encapsulate, or enclose ACBM or

material assumed to be ACBM, a per-son designated by the local educationagency shall visually inspect eachfunctional space where such action wasconducted to determine whether theaction has been properly completed.

(2)(i) A person designated by the localeducation agency shall collect air sam-ples using aggressive sampling as de-scribed in appendix A to this subpart Eto monitor air for clearance after eachremoval, encapsulation, and enclosureproject involving ACBM, except forprojects that are of small-scale, short-duration.

(ii) Local education agencies shallhave air samples collected under this

section analyzed for asbestos using lab-oratories accredited by the NationalBureau of Standards to conduct suchanalysis using transmission electronmicroscopy (TEM) or, under cir-cumstances permitted in this section,laboratories enrolled in the AmericanIndustrial Hygiene Association Pro-ficiency Analytical Testing Programfor phase contrast microscopy (PCM).

(iii) Until the National Bureau ofStandards TEM laboratory accredita-tion program is operational, local edu-cational agencies shall use laboratoriesthat use the protocol described in ap-pendix A to subpart E of this part.

(3) Except as provided in paragraphs

(i)(4), and (i)(5), of this section, an ac-tion to remove, encapsulate, or encloseACBM shall be considered completewhen the average concentration of as-bestos of five air samples collectedwithin the affected functional spaceand analyzed by the TEM method inappendix A of this subpart E, is notstatistically significantly different, asdetermined by the Z-test calculationfound in appendix A of this subpart E,




854

40 CFR Ch. I (7–1–11 Edition)§ 763.91

from the average asbestos concentra-tion of five air samples collected at thesame time outside the affected func-tional space and analyzed in the samemanner, and the average asbestos con-centration of the three field blanks de-scribed in appendix A of this subpart Eis below the filter background level, asdefined in appendix A of this subpart E,of 70 structures per square millimeter(70 s/mm2).

(4) An action may also be consideredcomplete if the volume of air drawn foreach of the five samples collected with-

in the affected functional space isequal to or greater than 1,199 L of airfor a 25 mm filter or equal to or greaterthan 2,799 L of air for a 37 mm filter,and the average concentration of asbes-tos as analyzed by the TEM method inappendix A of this subpart E, for thefive air samples does not exceed the fil-ter background level, as defined in ap-pendix A, of 70 structures per squaremillimeter (70 s/mm2). If the averageconcentration of asbestos of the fiveair samples within the affected func-tional space exceeds 70 s/mm2, or if thevolume of air in each of the samples isless than 1,199 L of air for a 25 mm fil-ter or less than 2,799 L of air for a 37

mm filter, the action shall be consid-ered complete only when the require-ments of paragraph (i)(3) or (i)(5), ofthis section are met.

(5) At any time, a local educationagency may analyze air monitoringsamples collected for clearance pur-poses by phase contrast microscopy(PCM) to confirm completion of re-moval, encapsulation, or enclosure ofACBM that is greater than small-scale,short-duration and less than or equalto 160 square feet or 260 linear feet. Theaction shall be considered completewhen the results of samples collectedin the affected functional space andanalyzed by phase contrast microscopy

using the National Institute for Occu-pational Safety and Health (NIOSH)Method 7400 entitled ‘‘Fibers’’ pub-lished in the NIOSH Manual of Analyt-ical Methods, 3rd Edition, Second Sup-plement, August 1987, show that theconcentration of fibers for each of thefive samples is less than or equal to alimit of quantitation for PCM (0.01 fi-bers per cubic centimeter (0.01 f/cm3) ofair). The method is available for public

inspection at the Non-Confidential In-formation Center (NCIC) (7407), Officeof Pollution Prevention and Toxics,U.S. Environmental Protection Agen-cy, Room B–607 NEM, 401 M St., SW.,Washington, DC 20460, between thehours of 12 p.m. and 4 p.m. weekdaysexcluding legal holidays or at the Na-tional Archives and Records Adminis-tration (NARA). For information onthe availability of this material atNARA, call 202–741–6030, or go to: http://

www.archives.gov/federal l register/

code l of l federal l regulations/

ibr l

locations.html. This incorporationby reference was approved by the Di-rector of the Federal Register in ac-cordance with 5 U.S.C. 552(a) and 1 CFRpart 51. The method is incorporated asit exists on the effective date of thisrule, and a notice of any change to themethod will be published in the FED-ERAL REGISTER.

(6) To determine the amount ofACBM affected under paragraph (i)(5)of this section, the local educationagency shall add the total square orlinear footage of ACBM within the con-tainment barriers used to isolate thefunctional space for the action to re-

move, encapsulate, or enclose theACBM. Contiguous portions of materialsubject to such action conducted con-currently or at approximately thesame time within the same schoolbuilding shall not be separated to qual-ify under paragraph (i)(5), of this sec-tion.

[52 FR 41846, Oct. 30, 1987, as amended at 53FR 12525, Apr. 15, 1988; 60 FR 31922, June 19,

1995; 60 FR 34465, July 3, 1995; 69 FR 18803,Apr. 9, 2004]

§ 763.91 Operations and maintenance.

(a) Applicability. The local educationagency shall implement an operations,maintenance, and repair (O&M) pro-

gram under this section whenever anyfriable ACBM is present or assumed tobe present in a building that it leases,owns, or otherwise uses as a schoolbuilding. Any material identified asnonfriable ACBM or nonfriable as-sumed ACBM must be treated as friableACBM for purposes of this sectionwhen the material is about to becomefriable as a result of activities per-formed in the school building.




855


(b) Worker protection. Local educationagencies must comply with either theOSHA Asbestos Construction Standardat 29 CFR 1926.1101, or the AsbestosWorker Protection Rule at 40 CFR763.120, whichever is applicable.

(c) Cleaning —(1) Initial cleaning. Un-less the building has been cleanedusing equivalent methods within theprevious 6 months, all areas of a schoolbuilding where friable ACBM, damagedor significantly damaged thermal sys-tem insulation ACM, or friable sus-pected ACBM assumed to be ACM are

present shall be cleaned at least onceafter the completion of the inspectionrequired by §763.85(a) and before theinitiation of any response action, otherthan O&M activities or repair, accord-ing to the following procedures:

(i) HEPA-vacuum or steam-clean allcarpets.

(ii) HEPA-vacuum or wet-clean allother floors and all other horizontalsurfaces.

(iii) Dispose of all debris, filters,mopheads, and cloths in sealed, leak-tight containers.

(2) Additional cleaning. The accreditedmanagement planner shall make a

written recommendation to the localeducation agency whether additionalcleaning is needed, and if so, the meth-ods and frequency of such cleaning.

(d) Operations and maintenance activi-

ties. The local education agency shallensure that the procedures describedbelow to protect building occupantsshall be followed for any operationsand maintenance activities disturbingfriable ACBM:

(1) Restrict entry into the area bypersons other than those necessary toperform the maintenance project, ei-ther by physically isolating the area orby scheduling.

(2) Post signs to prevent entry by un-

authorized persons.(3) Shut off or temporarily modify

the air-handling system and restrictother sources of air movement.

(4) Use work practices or other con-trols, such as, wet methods, protectiveclothing, HEPA-vacuums, mini-enclo-sures, glove bags, as necessary to in-hibit the spread of any released fibers.

(5) Clean all fixtures or other compo-nents 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 mainte-

nance activities, shall be designed by

persons accredited to design response

actions and conducted by persons ac-

credited to conduct response actions.

(f) Fiber release episodes —(1) Minor

fiber release episode. The local educationagency shall ensure that the proce-

dures described below are followed in

the event of a minor fiber release epi-

sode (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 ACMwith materials such as asbestos-free

spackling, plaster, cement, or insula-

tion, or seal with latex paint or anencapsulant, or immediately have theappropriate response action imple-

mented as required by §763.90.

(2) Major fiber release episode. The

local education agency shall ensurethat the procedures described below are

followed in the event of a major fiberrelease episode (i.e., the falling or dis-

lodging of more than 3 square or linearfeet of friable ACBM):

(i) Restrict entry into the area andpost signs to prevent entry into the

area by persons other than those nec-essary to perform the response action.

(ii) Shut off or temporarily modify

the air-handling system to prevent thedistribution of fibers to other areas in

the building.

(iii) The response action for any

major fiber release episode must be de-signed by persons accredited to design

response actions and conducted by per-sons accredited to conduct response ac-

tions.

[52 FR 41846, Oct. 30, 1987, as amended at 65

FR 69216, Nov. 15, 2000]




856

40 CFR Ch. I (7–1–11 Edition)§ 763.92

§ 763.92 Training and periodic surveil-lance.

(a) Training. (1) The local educationagency shall ensure, prior to the imple-mentation of the O&M provisions ofthe management plan, that all mem-bers of its maintenance and custodialstaff (custodians, electricians, heating/air conditioning engineers, plumbers,etc.) who may work in a building thatcontains ACBM receive awarenesstraining of at least 2 hours, whether ornot they are required to work with

ACBM. New custodial and maintenanceemployees shall be trained within 60days after commencement of employ-ment. Training shall include, but notbe limited to:

(i) Information regarding asbestosand its various uses and forms.

(ii) Information on the health effectsassociated with asbestos exposure.

(iii) Locations of ACBM identifiedthroughout each school building inwhich they work.

(iv) Recognition of damage, deterio-ration, and delamination of ACBM.

(v) Name and telephone number ofthe person designated to carry out gen-eral local education agency respon-

sibilities under §763.84 and the avail-ability and location of the manage-ment plan.

(2) The local education agency shallensure that all members of its mainte-nance and custodial staff who conductany activities that will result in thedisturbance of ACBM shall receivetraining described in paragraph (a)(1)of this section and 14 hours of addi-tional training. Additional trainingshall include, but not be limited to:

(i) Descriptions of the proper meth-ods of handling ACBM.

(ii) Information on the use of res-piratory protection as contained in theEPA/NIOSH Guide to Respiratory Protec-

tion for the Asbestos Abatement Industry,September 1986 (EPA 560/OPPTS–86–001), available from the Director, Envi-ronmental Assistance Division (7408),Office of Pollution Prevention andToxics, U.S. Environmental ProtectionAgency, Room E–543B, 1200 Pennsyl-vania Ave., NW., Washington, DC 20460,Telephone: (202) 554–1404, TDD: (202)544–0551 and other personal protectionmeasures.

(iii) The provisions of this sectionand § 763.91, Appendices A, C, and D ofthis subpart E of this part, EPA regula-tions contained in 40 CFR part 763, sub-part G, and in 40 CFR part 61, subpartM, and OSHA regulations contained in29 CFR 1926.58.

(iv) Hands-on training in the use ofrespiratory protection, other personalprotection measures, and good workpractices.

(3) Local education agency mainte-nance and custodial staff who have at-tended EPA-approved asbestos training

or received equivalent training forO&M and periodic surveillance activi-ties involving asbestos shall be consid-ered trained for the purposes of thissection.

(b) Periodic surveillance. (1) At leastonce every 6 months after a manage-ment plan is in effect, each local edu-cation agency shall conduct periodicsurveillance in each building that itleases, owns, or otherwise uses as aschool building that contains ACBM oris assumed to contain ACBM.

(2) Each person performing periodicsurveillance shall:

(i) Visually inspect all areas that areidentified in the management plan as

ACBM or assumed ACBM.(ii) Record the date of the surveil-

lance, his or her name, and anychanges in the condition of the mate-rials.

(iii) Submit to the person designatedto carry out general local educationagency responsibilities under §763.84 acopy of such record for inclusion in themanagement plan.

[52 FR 41846, Oct. 30, 1987, as amended at 60FR 34465, July 3, 1995; 65 FR 69216, Nov. 15,2000]

§ 763.93 Management plans.

(a)(1) On or before October 12, 1988,each local education agency shall de-

velop an asbestos management plan foreach school, including all buildingsthat they lease, own, or otherwise useas school buildings, and submit theplan to an Agency designated by theGovernor of the State in which thelocal education agency is located. Theplan may be submitted in stages thatcover a portion of the school buildingsunder the authority of the local edu-cation agency.




857


(2) If a building to be used as part ofa school is leased or otherwise acquiredafter October 12, 1988, the local edu-cation agency shall include the newbuilding in the management plan forthe school prior to its use as a schoolbuilding. The revised portions of themanagement plan shall be submitted tothe Agency designated by the Gov-ernor.

(3) If a local education agency beginsto use a building as a school after Octo-ber 12, 1988, the local education agencyshall submit a management plan for

the school to the Agency designated bythe Governor prior to its use as aschool.

(b) On or before October 17, 1987, theGovernor of each State shall notifylocal education agencies in the Stateregarding where to submit their man-agement plans. States may establishadministrative procedures for review-ing management plans. If the Governordoes not disapprove a managementplan within 90 days after receipt of theplan, the local education agency shallimplement the plan.

(c) Each local education agency mustbegin implementation of its manage-ment plan on or before July 9, 1989, and

complete implementation in a timelyfashion.

(d) Each local education agency shallmaintain and update its managementplan to keep it current with ongoingoperations and maintenance, periodicsurveillance, inspection, reinspection,and response action activities. All pro-visions required to be included in themanagement plan under this sectionshall be retained as part of the man-agement plan, as well as any informa-tion that has been revised to bring theplan up-to-date.

(e) The management plan shall be de-veloped by an accredited managementplanner and shall include:

(1) A list of the name and address ofeach school building and whether theschool building contains friable ACBM,nonfriable ACBM, and friable and non-friable suspected ACBM assumed to beACM.

(2) For each inspection conducted be-fore 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 ap-proximate 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, andthe dates of collection.

(iii) A copy of the analyses of any

bulk samples, dates of analyses, and acopy of any other laboratory reports

pertaining to the analyses.

(iv) A description of any response ac-

tions or preventive measures taken to

reduce asbestos exposure, including ifpossible, the names and addresses of allcontractors involved, start and comple-

tion dates of the work, and results ofany air samples analyzed during and

upon completion of the work.

(v) A description of assessments, re-

quired to be made under §763.88, of ma-terial that was identified before De-

cember 14, 1987, as friable ACBM or fri-able suspected ACBM assumed to beACM, and the name and signature,State of accreditation, and if applica-ble, accreditation number of each ac-credited person making the assess-ments.

(3) For each inspection and reinspec-

tion conducted under § 763.85:

(i) The date of the inspection or rein-spection and the name and signature,State of accreditation and, if applica-ble, the accreditation number of eachaccredited inspector performing the in-spection or reinspection.

(ii) A blueprint, diagram, or writtendescription of each school building thatidentifies clearly each location and ap-proximate square or linear footage ofhomogeneous areas where material wassampled for ACM, the exact locationwhere each bulk sample was collected,date of collection, homogeneous areaswhere friable suspected ACBM is as-

sumed to be ACM, and where nonfriablesuspected ACBM is assumed to be ACM.

(iii) A description of the manner usedto determine sampling locations, andthe name and signature of each accred-ited inspector collecting samples, theState of accreditation, and if applica-ble, his or her accreditation number.

(iv) A copy of the analyses of anybulk samples collected and analyzed,the name and address of any laboratory




858

40 CFR Ch. I (7–1–11 Edition)§ 763.93

that analyzed bulk samples, a state-ment that the laboratory meets the ap-plicable requirements of §763.87(a) thedate of analysis, and the name and sig-nature of the person performing theanalysis.

(v) A description of assessments, re-quired to be made under §763.88, of allACBM and suspected ACBM assumed tobe ACM, and the name, signature,State of accreditation, and if applica-ble, accreditation number of each ac-credited person making the assess-ments.

(4) The name, address, and telephonenumber of the person designated under§ 763.84 to ensure that the duties of thelocal education agency are carried out,and the course name, and dates andhours of training taken by that personto carry out the duties.

(5) The recommendations made to thelocal education agency regarding re-sponse actions, under §763.88(d), thename, signature, State of accreditationof each person making the rec-ommendations, and if applicable, his orher accreditation number.

(6) A detailed description of preven-tive measures and response actions tobe taken, including methods to be used,

for any friable ACBM, the locationswhere such measures and action will betaken, reasons for selecting the re-sponse action or preventive measure,and a schedule for beginning and com-pleting each preventive measure andresponse action.

(7) With respect to the person or per-sons who inspected for ACBM and whowill design or carry out response ac-tions, except for operations and main-tenance, with respect to the ACBM,one of the following statements:

(i) If the State has adopted a con-tractor accreditation program undersection 206(b) of Title II of the Act, astatement that the person(s) is accred-

ited under such plan.(ii) A statement that the local edu-

cation agency used (or will use) personswho have been accredited by anotherState which has adopted a contractoraccreditation plan under section 206(b)of Title II of the Act or is accredited byan EPA-approved course under section206(c) of Title II of the Act.

(8) A detailed description in the formof a blueprint, diagram, or in writing of

any ACBM or suspected ACBM assumedto be ACM which remains in the schoolonce response actions are undertakenpursuant to §763.90. This descriptionshall be updated as response actionsare completed.

(9) A plan for reinspection under§ 763.85, a plan for operations and main-tenance activities under § 763.91, and aplan for periodic surveillance under§ 763.92, a description of the rec-ommendation made by the manage-ment planner regarding additionalcleaning under §763.91(c)(2) as part of

an operations and maintenance pro-gram, and the response of the localeducation agency to that recommenda-tion.

(10) A description of steps taken toinform workers and building occu-pants, or their legal guardians, aboutinspections, reinspections, response ac-tions, and post-response action activi-ties, including periodic reinspectionand surveillance activities that areplanned or in progress.

(11) An evaluation of the resourcesneeded to complete response actionssuccessfully and carry out reinspec-tion, operations and maintenance ac-tivities, periodic surveillance and

training.(12) With respect to each consultant

who contributed to the managementplan, the name of the consultant andone of the following statements:

(i) If the State has adopted a con-tractor accreditation plan under sec-tion 206(b) of Title II of the Act, astatement that the consultant is ac-credited under such plan.

(ii) A statement that the contractoris accredited by another State whichhas adopted a contractor accreditationplan under section 206(b) of Title II ofthe Act, or is accredited by an EPA-ap-proved course developed under section206(c) of Title II of the Act.

(f) A local education agency may re-quire each management plan to con-tain a statement signed by an accred-ited management plan developer thatsuch person has prepared or assisted inthe preparation of such plan or has re-viewed such plan, and that such plan isin compliance with this subpart E.Such statement may not be signed by aperson who, in addition to preparing orassisting in preparing the management




859


plan, also implements (or will imple-ment) the management plan.

(g)(1) Upon submission of a manage-ment plan to the Governor for review,a local education agency shall keep acopy of the plan in its administrativeoffice. The management plans shall beavailable, without cost or restriction,for inspection by representatives ofEPA and the State, the public, includ-ing teachers, other school personneland their representatives, and parents.The local education agency may chargea reasonable cost to make copies of

management plans.(2) Each local education agency shall

maintain in its administrative office acomplete, updated copy of a manage-ment plan for each school under its ad-ministrative control or direction. Themanagement plans shall be available,during normal business hours, withoutcost or restriction, for inspection byrepresentatives of EPA and the State,the public, including teachers, otherschool personnel and their representa-tives, and parents. The local educationagency may charge a reasonable costto make copies of management plans.

(3) Each school shall maintain in itsadministrative office a complete, up-

dated copy of the management plan forthat school. Management plans shall beavailable for inspection, without costor restriction, to workers before workbegins in any area of a school building.The school shall make managementplans available for inspection to rep-resentatives of EPA and the State, thepublic, including parents, teachers, andother school personnel and their rep-resentatives within 5 working daysafter receiving a request for inspection.The school may charge a reasonablecost to make copies of the manage-ment plan.

(4) Upon submission of its manage-ment plan to the Governor and at least

once each school year, the local edu-cation agency shall notify in writingparent, teacher, and employee organi-zations of the availability of manage-ment plans and shall include in themanagement plan a description of thesteps taken to notify such organiza-tions, and a dated copy of the notifica-tion. In the absence of any such organi-zations for parents, teachers, or em-ployees, the local education agency

shall provide written notice to that rel-evant group of the availability of man-agement plans and shall include in themanagement plan a description of thesteps taken to notify such groups, anda dated copy of the notification.

(h) Records required under § 763.94shall be made by local education agen-cies and maintained as part of themanagement plan.

(i) Each management plan must con-tain a true and correct statement,signed by the individual designated bythe local education agency under

§ 763.84, which certifies that the gen-eral, local education agency respon-sibilities, as stipulated by § 763.84, havebeen met or will be met.

§ 763.94 Recordkeeping.

(a) Records required under this sec-tion shall be maintained in a central-ized location in the administrative of-fice of both the school and the localeducation agency as part of the man-agement plan. For each homogeneousarea where all ACBM has been re-moved, the local education agencyshall ensure that such records are re-tained for 3 years after the next rein-spection required under § 763.85(b)(1), or

for an equivalent period.(b) For each preventive measure and

response action taken for friable andnonfriable ACBM and friable and non-friable suspected ACBM assumed to beACM, the local education agency shallprovide:

(1) A detailed written description ofthe measure or action, including meth-ods used, the location where the meas-ure or action was taken, reasons for se-lecting the measure or action, startand completion dates of the work,names and addresses of all contractorsinvolved, and if applicable, their Stateof accreditation, and accreditationnumbers, and if ACBM is removed, the

name and location of storage or dis-posal site of the ACM.

(2) The name and signature of anyperson collecting any air sample re-quired to be collected at the comple-tion of certain response actions speci-fied by § 763.90(i), the locations wheresamples were collected, date of collec-tion, the name and address of the lab-oratory analyzing the samples, thedate of analysis, the results of the




860

40 CFR Ch. I (7–1–11 Edition)§ 763.95

analysis, the method of analysis, thename and signature of the person per-forming the analysis, and a statementthat the laboratory meets the applica-ble requirements of § 763.90(i)(2)(ii).

(c) For each person required to betrained under §763.92(a) (1) and (2), thelocal education agency shall providethe person’s name and job title, thedate that training was completed bythat person, the location of the train-ing, and the number of hours com-pleted in such training.

(d) For each time that periodic sur-

veillance under §763.92(b) is performed,the local education agency shall recordthe name of each person performingthe surveillance, the date of the sur-veillance, and any changes in the con-ditions of the materials.

(e) For each time that cleaning under§ 763.91(c) is performed, the local edu-cation agency shall record the name ofeach person performing the cleaning,the date of such cleaning, the locationscleaned, and the methods used to per-form such cleaning.

(f) For each time that operations andmaintenance activities under § 763.91(d)are performed, the local educationagency shall record the name of each

person performing the activity, thestart and completion dates of the ac-tivity, the locations where such activ-ity occurred, a description of the activ-ity including preventive measuresused, and if ACBM is removed, thename and location of storage or dis-posal site of the ACM.

(g) For each time that major asbestosactivity under §763.91(e) is performed,the local education agency shall pro-vide the name and signature, State ofaccreditation, and if applicable, the ac-creditation number of each person per-forming the activity, the start andcompletion dates of the activity, thelocations where such activity occurred,

a description of the activity includingpreventive measures used, and if ACBMis removed, the name and location ofstorage or disposal site of the ACM.

(h) For each fiber release episodeunder § 763.91(f), the local educationagency shall provide the date and loca-tion of the episode, the method of re-pair, preventive measures or responseaction taken, the name of each personperforming the work, and if ACBM is

removed, the name and location ofstorage or disposal site of the ACM.

(Approved by the Office of Management andBudget under control number 2070–0091)

§ 763.95 Warning labels.

(a) The local education agency shallattach a warning label immediately ad-jacent to any friable and nonfriableACBM and suspected ACBM assumed tobe ACM located in routine mainte-nance areas (such as boiler rooms) ateach school building. This shall in-clude:

(1) Friable ACBM that was respondedto by a means other than removal.

(2) ACBM for which no response ac-tion was carried out.

(b) All labels shall be prominentlydisplayed in readily visible locationsand shall remain posted until theACBM that is labeled is removed.

(c) The warning label shall read, inprint which is readily visible becauseof large size or bright color, as follows:

CAUTION: ASBESTOS. HAZARDOUS.DO NOT DISTURB WITHOUT PROPERTRAINING AND EQUIPMENT.

§ 763.97 Compliance and enforcement.

(a)Compliance with Title II of the Act.

(1) Section 207(a) of Title II of the Act(15 U.S.C. 2647) makes it unlawful forany local education agency to:

(i) Fail to conduct inspections pursu-ant to section 203(b) of Title II of theAct, including failure to follow proce-dures and failure to use accredited per-sonnel and laboratories.

(ii) Knowingly submit false informa-tion to the Governor regarding any in-spection pursuant to regulations undersection 203(i) of Title II of the Act.

(iii) Fail to develop a managementplan pursuant to regulations under sec-tion 203(i) of Title II of the Act.

(2) Section 207(a) of Title II of theAct (15 U.S.C. 2647) also provides thatany local education agency which vio-lates any provision of section 207 shallbe liable for a civil penalty of not morethan $5,000 for each day during whichthe violation continues. For the pur-poses of this subpart, a ‘‘violation’’means a failure to comply with respectto 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




861


any person to fail or refuse to complywith any requirement of Title II or anyrule promulgated or order issued underTitle II. Therefore, any person who vio-lates any requirement of this subpartis in violation of section 15 of Title I ofthe Act.

(2) Section 15(3) of Title I of the Act(15 U.S.C. 2614) makes it unlawful forany person to fail or refuse to establishor maintain records, submit reports,notices or other information, or permitaccess to or copying of records, as re-quired by this Act or a rule thereunder.

(3) Section 15(4) (15 U.S.C. 2614) ofTitle I of the Act makes it unlawful forany person to fail or refuse to permitentry or inspection as required by sec-tion 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 per-son who violates any provision of sec-tion 15 of Title I of the Act shall be lia-ble to the United States for a civil pen-alty in an amount not to exceed $25,000for each such violation. Each day sucha violation continues shall, for pur-poses of this paragraph, constitute aseparate violation of section 15. A localeducation agency is not liable for anycivil penalty under Title I of the Act

for failing or refusing to comply withany rule promulgated or order issuedunder Title II of the Act.

(c) Criminal penalties. If any violationcommitted by any person (including alocal education agency) is knowing orwillful, criminal penalties may be as-sessed under section 16(b) of Title I ofthe Act.

(d) Injunctive relief. The Agency mayobtain injunctive relief under section208(b) of Title II of the Act to respondto a hazard which poses an imminentand substantial endangerment tohuman health or the environment orsection 17 (15 U.S.C. 2616) of Title I ofthe Act to restrain any violation of

section 15 of Title I of the Act or tocompel the taking of any action re-quired by or under Title I of the Act.

(e) Citizen complaints. Any citizen whowishes to file a complaint pursuant tosection 207(d) of Title II of the Actshould direct the complaint to the Gov-ernor of the State or the EPA AsbestosOmbudsman, 1200 Pennsylvania Ave.,NW., Washington, DC 20460. The citizencomplaint should be in writing and

identified as a citizen complaint pursu-ant to section 207(d) of Title II ofTSCA. The EPA Asbestos Ombudsmanor the Governor shall investigate andrespond to the complaint within a rea-sonable period of time if the allega-tions provide a reasonable basis to be-lieve that a violation of the Act has oc-curred.

(f) Inspections. EPA may conduct in-spections and review managementplans under section 11 of Title I of theAct (15 U.S.C. 2610) to ensure compli-ance.

§ 763.98 Waiver; delegation to State.

(a) General. (1) Upon request from astate Governor and after notice andcomment and an opportunity for a pub-lic hearing in accordance with para-graphs (b) and (c) of this section, EPAmay waive some or all of the require-ments of this subpart E if the state hasestablished and is implementing or in-tends to implement a program of asbes-tos inspection and management thatcontains requirements that are at leastas stringent as the requirements of thissubpart. In addition, if the state choos-es to receive electronic documents, the

state program must include, at a min-imum, the requirements of 40 CFR part3—(Electronic reporting).

(2) A waiver from any requirement ofthis subpart E shall apply only to thespecific provision for which a waiverhas been granted under this section.All requirements of this subpart Eshall apply until a waiver is grantedunder this section.

(b) Request. Each request by a Gov-ernor to waive any requirement of thissubpart E shall be sent with three com-plete copies of the request to the Re-gional Administrator for the EPA Re-gion in which the State is located andshall include:

(1) A copy of the State provisions orproposed provisions relating to its pro-gram of asbestos inspection and man-agement in schools for which the re-quest is made.

(2)(i) The name of the State agencythat is or will be responsible for admin-istering and enforcing the require-ments for which a waiver is requested,the names and job titles of responsibleofficials in that agency, and phone




862

40 CFR Ch. I (7–1–11 Edition)§ 763.98

numbers where the officials can be con-tacted.

(ii) In the event that more than oneagency is or will be responsible for ad-ministering and enforcing the require-ments for which a waiver is requested,a description of the functions to be per-formed by each agency, how the pro-gram will be coordinated by the leadagency to ensure consistency and effec-tive administration in the asbestos in-spection and management programwithin the State, the names and job ti-tles of responsible officials in the agen-cies, and phone numbers where the offi-cials can be contacted. The lead agencywill serve as the central contact pointfor the EPA.

(3) Detailed reasons, supporting pa-pers, and the rationale for concludingthat the state’s asbestos inspection andmanagement program provisions forwhich the request is made are at leastas stringent as the requirements ofSubpart E of this part, and that, if thestate chooses to receive electronic doc-uments, the state program includes, ata minimum, the requirements of 40CFR part 3—(Electronic reporting).

(4) A discussion of any special situa-

tions, problems, and needs pertainingto the waiver request accompanied byan explanation of how the State in-tends to handle them.

(5) A statement of the resources thatthe State intends to devote to the ad-ministration and enforcement of theprovisions relating to the waiver re-quest.

(6) Copies of any specific or enablingState laws (enacted and pending enact-ment) and regulations (promulgatedand pending promulgation) relating tothe request, including provisions forassessing criminal and/or civil pen-alties.

(7) Assurance from the Governor, the

Attorney General, or the legal counselof the lead agency that the lead agencyor other cooperating agencies have thelegal authority necessary to carry outthe requirements relating to the re-quest.

(c) General notice—hearing. (1) Within30 days after receipt of a request for awaiver, EPA will determine the com-pleteness of the request. If EPA doesnot request further information within

the 30-day period, the request will bedeemed complete.

(2) Within 30 days after EPA deter-mines that a request is complete, EPAwill issue for publication in the FED-ERAL REGISTER a notice that announcesreceipt of the request, describes the in-formation submitted under paragraph(b) of this section, and solicits writtencomment from interested members ofthe public. Comments must be sub-mitted within 60 days.

(3) If, during the comment period,EPA receives a written objection to a

Governor’s request and a request for apublic hearing detailing specific objec-tions to the granting of a waiver, EPAwill schedule a public hearing to beheld in the affected State after theclose of the comment period and willannounce the public hearing date inthe FEDERAL REGISTER before the dateof the hearing. Each comment shall in-clude the name and address of the per-son submitting the comment.

(d) Criteria. EPA may waive some orall of the requirements of subpart E ofthis part if:

(1) The State’s lead agency and othercooperating agencies have the legal au-thority necessary to carry out the pro-

visions of asbestos inspection and man-agement in schools relating to thewaiver request.

(2) The State’s program of asbestosinspection and management in schoolsrelating to the waiver request and im-plementation of the program are orwill be at least as stringent as the re-quirements of this subpart E.

(3) The state has an enforcementmechanism to allow it to implementthe program described in the waiver re-quest and any electronic reporting re-quirements are at least as stringent as40 CFR part 3—(Electronic reporting).

(4) The lead agency and any cooper-ating agencies have or will have quali-

fied personnel to carry out the provi-sions relating to the waiver request.

(5) The State will devote adequate re-sources to the administration and en-forcement of the asbestos inspectionand management provisions relating tothe waiver request.

(6) When specified by EPA, the Stategives satisfactory assurances that nec-essary steps, including specific actionsit proposes to take and a time schedule




863


for their accomplishment, will betaken within a reasonable time to con-form with applicable criteria underparagraphs (d) (2) through (4) of thissection.

(e) Decision. EPA will issue for publi-cation in the FEDERAL REGISTER a no-tice announcing its decision to grant ordeny, in whole or in part, a Governor’srequest for a waiver from some or all ofthe requirements of this subpart Ewithin 30 days after the close of thecomment period or within 30 days fol-lowing a public hearing, whichever isapplicable. The notice will include theAgency’s reasons and rationale forgranting or denying the Governor’s re-quest. The 30-day period may be ex-tended if mutually agreed upon by EPAand the State.

(f) Modifications. When any substan-tial change is made in the administra-tion or enforcement of a State programfor which a waiver was granted underthis section, a responsible official inthe lead agency shall submit suchchanges to EPA.

(g) Reports. The lead agency in eachState that has been granted a waiverby EPA from any requirement of sub-

part E of this part shall submit a re-port to the Regional Administrator forthe Region in which the State is lo-cated at least once every 12 months toinclude the following information:

(1) A summary of the State’s imple-mentation and enforcement activitiesduring the last reporting period relat-ing to provisions waived under this sec-tion, including enforcement actionstaken.

(2) Any changes in the administra-tion or enforcement of the State pro-gram implemented during the last re-porting period.

(3) Other reports as may be requiredby EPA to carry out effective oversight

of any requirement of this subpart Ethat was waived under this section.

(h) Oversight. EPA may periodicallyevaluate the adequacy of a State’s im-plementation and enforcement of andresources devoted to carrying out re-quirements relating to the waiver. Thisevaluation may include, but is not lim-ited to, site visits to local educationagencies without prior notice to theState.

(i) Informal conference. (1) EPA mayrequest that an informal conference beheld between appropriate State andEPA officials when EPA has reason tobelieve that a State has failed to:

(i) Substantially comply with theterms of any provision that was waivedunder this section.

(ii) Meet the criteria under paragraph(d) of this section, including the failureto carry out enforcement activities oract on violations of the State program.

(2) EPA will:

(i) Specify to the State those aspectsof the State’s program believed to beinadequate.

(ii) Specify to the State the factsthat underlie the belief of inadequacy.

(3) If EPA finds, on the basis of infor-mation submitted by the State at theconference, that deficiencies did notexist or were corrected by the State, nofurther action is required.

(4) Where EPA finds that deficienciesin the State program exist, a plan tocorrect the deficiencies shall be nego-tiated between the State and EPA. Theplan shall detail the deficiencies foundin the State program, specify the stepsthe State has taken or will take toremedy the deficiencies, and establisha schedule for each remedial action tobe initiated.

(j) Rescission. (1) If the State fails tomeet with EPA or fails to correct defi-ciencies raised at the informal con-ference, EPA will deliver to the Gov-ernor of the State and a responsible of-ficial in the lead agency a written no-tice of its intent to rescind, in whole orpart, the waiver.

(2) EPA will issue for publication inthe FEDERAL REGISTER a notice thatannounces the rescission of the waiver,describes those aspects of the State’sprogram determined to be inadequate,and specifies the facts that underlie

the findings of inadequacy.[52 FR 41846, Oct. 30, 1987, as amended at 70FR 59889, Oct. 13, 2005]

§ 763.99 Exclusions.

(a) A local education agency shallnot be required to perform an inspec-tion under §763.85(a) in any samplingarea as defined in 40 CFR 763.103 or ho-mogeneous area of a school buildingwhere:




864

40 CFR Ch. I (7–1–11 Edition)§ 763.99

(1) An accredited inspector has deter-mined that, based on sampling records,friable ACBM was identified in that ho-mogeneous or sampling area during aninspection conducted before December14, 1987. The inspector shall sign anddate a statement to that effect with hisor her State of accreditation and if ap-plicable, accreditation number and,within 30 days after such determina-tion, submit a copy of the statement tothe person designated under §763.84 forinclusion in the management plan.However, an accredited inspector shallassess the friable ACBM under § 763.88.

(2) An accredited inspector has deter-mined that, based on sampling records,nonfriable ACBM was identified in thathomogeneous or sampling area duringan inspection conducted before Decem-ber 14, 1987. The inspector shall signand date a statement to that effectwith his or her State of accreditationand if applicable, accreditation numberand, within 30 days after such deter-mination, submit a copy of the state-ment to the person designated under§ 763.84 for inclusion in the manage-ment plan. However, an accredited in-spector shall identify whether material

that was nonfriable has become friablesince that previous inspection andshall assess the newly-friable ACBMunder § 763.88.

(3) Based on sampling records and in-spection records, an accredited inspec-tor has determined that no ACBM ispresent in the homogeneous or sam-pling area and the records show thatthe area was sampled, before December14, 1987 in substantial compliance with§ 763.85(a), which for purposes of thissection means in a random manner andwith a sufficient number of samples toreasonably ensure that the area is notACBM.

(i) The accredited inspector shall

sign and date a statement, with his orher State of accreditation and if appli-cable, accreditation number that thehomogeneous or sampling area deter-mined not to be ACBM was sampled insubstantial compliance with § 763.85(a).

(ii) Within 30 days after the inspec-tor’s determination, the local edu-cation agency shall submit a copy ofthe inspector’s statement to the EPARegional Office and shall include the

statement in the management plan forthat school.

(4) The lead agency responsible forasbestos inspection in a State that hasbeen granted a waiver from § 763.85(a)has determined that, based on sam-pling records and inspection records,no ACBM is present in the homo-geneous or sampling area and therecords show that the area was sam-pled before December 14, 1987, in sub-stantial compliance with § 763.85(a).Such determination shall be includedin the management plan for thatschool.

(5) An accredited inspector has deter-mined that, based on records of an in-spection conducted before December 14,1987, suspected ACBM identified in thathomogeneous or sampling area is as-sumed to be ACM. The inspector shallsign and date a statement to that ef-fect, with his or her State of accredita-tion and if applicable, accreditationnumber and, within 30 days of such de-termination, submit a copy of thestatement to the person designatedunder §763.84 for inclusion in the man-agement plan. However, an accreditedinspector shall identify whether mate-

rial that was nonfriable suspectedACBM assumed to be ACM has becomefriable since the previous inspectionand shall assess the newly friable ma-terial and previously identified friablesuspected ACBM assumed to be ACMunder §763.88.

(6) Based on inspection records andcontractor and clearance records, anaccredited inspector has determinedthat no ACBM is present in the homo-geneous or sampling area where asbes-tos removal operations have been con-ducted before December 14, 1987, andshall sign and date a statement to thateffect and include his or her State ofaccreditation and, if applicable, accred-

itation number. The local educationagency shall submit a copy of thestatement to the EPA Regional Officeand shall include the statement in themanagement plan for that school.

(7) An architect or project engineerresponsible for the construction of anew school building built after October12, 1988, or an accredited inspectorsigns a statement that no ACBM wasspecified as a building material in any




865

Environmental Protection Agency Pt. 763, Subpt. E, App. A

construction document for the build-ing, or, to the best of his or her knowl-edge, no ACBM was used as a buildingmaterial in the building. The local edu-cation agency shall submit a copy ofthe signed statement of the architect,project engineer, or accredited inspec-tor to the EPA Regional Office andshall include the statement in themanagement plan for that school.

(b) The exclusion, under paragraphs(a) (1) through (4) of this section, fromconducting the inspection under§ 763.85(a) shall apply only to homo-

geneous or sampling areas of a schoolbuilding that were inspected and sam-pled before October 17, 1987. The localeducation agency shall conduct an in-spection under §763.85(a) of all areas in-spected before October 17, 1987, thatwere not sampled or were not assumedto be ACM.

(c) If ACBM is subsequently found ina homogeneous or sampling area of alocal education agency that had beenidentified as receiving an exclusion byan accredited inspector under para-graphs (a) (3), (4), (5) of this section, oran architect, project engineer or ac-credited inspector under paragraph(a)(7) of this section, the local edu-

cation agency shall have 180 days fol-lowing the date of identification ofACBM to comply with this subpart E.

APPENDIX A TO SUBPART E OF PART 763—INTERIM TRANSMISSION ELEC-TRON MICROSCOPY ANALYTICAL METHODS —MANDATORY AND NON-MANDATORY — AND MANDATORY SEC-TION TO DETERMINE COMPLETION OF RESPONSE ACTIONS

I. Introduction

The following appendix contains threeunits. The first unit is the mandatory trans-mission electron microscopy (TEM) methodwhich all laboratories must follow; it is theminimum requirement for analysis of airsamples for asbestos by TEM. The manda-tory method contains the essential elementsof the TEM method. The second unit con-tains the complete non-mandatory method.The non-mandatory method supplements themandatory method by including additionalsteps to improve the analysis. EPA rec-ommends that the non-mandatory method beemployed for analyzing air filters; however,the laboratory may choose to employ themandatory method. The non-mandatorymethod contains the same minimum require-

ments as are outlined in the mandatorymethod. Hence, laboratories may choose ei-ther of the two methods for analyzing airsamples by TEM.

The final unit of this Appendix A to sub-part E defines the steps which must be takento determine completion of response actions.This unit is mandatory.

II. Mandatory Transmission Electron

Microscopy Method

A. Definitions of Terms

1. Analytical sensitivity —Airborne asbestosconcentration represented by each fibercounted under the electron microscope. It is

determined by the air volume collected andthe proportion of the filter examined. Thismethod requires that the analytical sensi-tivity be no greater than 0.005 structures/cm3.

2. Asbestiform —A specific type of mineralfibrosity in which the fibers and fibrils pos-sess high tensile strength and flexibility.

3. Aspect ratio —A ratio of the length to thewidth of a particle. Minimum aspect ratio asdefined by this method is equal to or greaterthan 5:1.

4. Bundle —A structure composed of threeor more fibers in a parallel arrangementwith each fiber closer than one fiber diame-ter.

5. Clean area —A controlled environmentwhich is maintained and monitored to assurea low probability of asbestos contamination

to materials in that space. Clean areas usedin this method have HEPA filtered air underpositive pressure and are capable of sus-tained operation with an open laboratoryblank which on subsequent analysis has anaverage of less than 18 structures/mm2 in anarea of 0.057 mm2 (nominally 10 200-mesh gridopenings) and a maximum of 53 structures/mm2 for any single preparation for that samearea.

6. Cluster —A structure with fibers in a ran-dom arrangement such that all fibers areintermixed and no single fiber is isolatedfrom the group. Groupings must have morethan two intersections.

7. ED —Electron diffraction.8. EDXA —Energy dispersive X-ray anal-

ysis.9. Fiber —A structure greater than or equal

to 0.5 µm in length with an aspect ratio(length to width) of 5:1 or greater and havingsubstantially parallel sides.

10. Grid —An open structure for mountingon the sample to aid in its examination inthe TEM. The term is used here to denote a200-mesh copper lattice approximately 3 mmin diameter.

11. Intersection —Nonparallel touching orcrossing of fibers, with the projection havingan aspect ratio of 5:1 or greater.

12. Laboratory sample coordinator —That per-son responsible for the conduct of sample




866

40 CFR Ch. I (7–1–11 Edition)Pt. 763, Subpt. E, App. A

handling and the certification of the testingprocedures.

13. Filter background level —The concentra-tion of structures per square millimeter offilter that is considered indistinguishablefrom the concentration measured on a blank(filters through which no air has beendrawn). For this method the filter back-ground level is defined as 70 structures/mm2.

14. Matrix —Fiber or fibers with one endfree and the other end embedded in or hiddenby a particulate. The exposed fiber mustmeet 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 diffrac-

tion.19. SEM —Scanning electron microscope.20. STEM —Scanning transmission electron

microscope.21. Structure —a microscopic bundle, clus-

ter, fiber, or matrix which may contain as-bestos.

22. S/cm3 —Structures per cubic centimeter.23. S/mm2 —Structures per square milli-

meter.24. TEM —Transmission electron micro-

scope.

B. Sampling

1. The sampling agency must have writtenquality control procedures and documentswhich verify compliance.

2. Sampling operations must be performedby qualified individuals completely inde-pendent of the abatement contractor toavoid possible conflict of interest (Ref-erences 1, 2, 3, and 5 of Unit II.J.).

3. Sampling for airborne asbestos followingan abatement action must use commerciallyavailable cassettes.

4. Prescreen the loaded cassette collectionfilters to assure that they do not containconcentrations of asbestos which may inter-

fere with the analysis of the sample. A filterblank average of less than 18 s/mm2 in anarea of 0.057 mm2 (nominally 10 200-mesh gridopenings) and a single preparation with amaximum of 53 s/mm2 for that same area isacceptable for this method.

5. Use sample collection filters which areeither polycarbonate having a pore size lessthan or equal to 0.4 µm or mixed celluloseester having a pore size less than or equal to0.45 µm.

6. Place these filters in series with a 5.0 µmbackup filter (to serve as a diffuser) and asupport pad. See the following Figure 1:




867


7. Reloading of used cassettes is not per-

mitted.

8. Orient the cassette downward at ap-

proximately 45 degrees from the horizontal.

9. Maintain a log of all pertinent sampling

information.




868


10. Calibrate sampling pumps and their

flow indicators over the range of their in-

tended use with a recognized standard. As-

semble the sampling system with a rep-

resentative 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 fluctua-

tions if necessary.

14. The final plastic barrier around theabatement 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. Larg-

er filters may be operated at proportionally

higher flow rates.

17. A minimum of 13 samples are to be col-lected for each testing site consisting of thefollowing:

a. A minimum of five samples per abate-ment area.

b. A minimum of five samples per ambientarea positioned at locations representativeof the air entering the abatement site.

c. Two field blanks are to be taken by re-moving the cap for not more than 30 secondsand replacing it at the time of sampling be-fore sampling is initiated at the followingplaces:

i. Near the entrance to each abatementarea.

ii. At one of the ambient sites. (DO NOTleave the field blanks open during the sam-pling period.)

d. A sealed blank is to be carried with eachsample set. This representative cassette isnot to be opened in the field.

18. Perform a leak check of the samplingsystem at each indoor and outdoor samplingsite by activating the pump with the closedsampling cassette in line. Any flow indicatesa leak which must be eliminated before initi-ating the sampling operation.

19. The following Table I specifies volumeranges to be used:




869


20. Ensure that the sampler is turned up-right before interrupting the pump flow.

21. Check that all samples are clearly la-beled and that all pertinent information hasbeen enclosed before transfer of the samplesto the laboratory.

22. Ensure that the samples are stored in asecure and representative location.

23. Do not change containers if portions ofthese filters are taken for other purposes.

24. A summary of Sample Data Quality Ob-jectives is shown in the following Table II:




870


C. Sample Shipment

Ship bulk samples to the analytical lab-oratory in a separate container from airsamples.

D. Sample Receiving

1. Designate one individual as sample coor-dinator at the laboratory. While that indi-vidual will normally be available to receivesamples, the coordinator may train and su-pervise others in receiving procedures forthose times when he/she is not available.

2. Bulk samples and air samples delivered

to the analytical laboratory in the same con-tainer shall be rejected.

E. Sample Preparation

1. All sample preparation and analysisshall be performed by a laboratory inde-pendent of the abatement contractor.

2. Wet-wipe the exterior of the cassettes tominimize contamination possibilities beforetaking them into the clean room facility.

3. Perform sample preparation in a well-equipped clean facility.

NOTE: The clean area is required to havethe following minimum characteristics. Thearea or hood must be capable of maintaininga positive pressure with make-up air beingHEPA-filtered. The cumulative analyticalblank concentration must average less than18 s/mm2 in an area of 0.057 mm2 (nominally10 200-mesh grid openings) and a single prep-aration with a maximum of 53 s/mm2 for thatsame area.

4. Preparation areas for air samples mustnot only be separated from preparation areasfor bulk samples, but they must be preparedin separate rooms.

5. Direct preparation techniques are re-quired. The object is to produce an intactfilm containing the particulates of the filtersurface which is sufficiently clear for TEManalysis.

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 20random 200-mesh copper grids by placing a

grid on a glass and examining it under the

PCM. Use a calibrated graticule to measurethe 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 magnifica-tion or on an optical microscope at a mag-

nification of approximately 400X by using aneyepiece fitted with a scale that has been

calibrated against a stage micrometer. Opti-

cal microscopy utilizing manual or auto-mated procedures may be used providing in-

strument calibration can be verified.

b. TEM specimen preparation from

polycarbonate (PC) filters. Procedures as de-scribed 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 placedin 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 speci-fy the conditions that should be used. Insuf-

ficient etching will result in a failure to ex-

pose embedded filters, and too much etchingmay result in loss of particulate from thesurface. As an interim measure, it is rec-ommended that the time for ashing of a




871


known weight of a collapsed filter be estab-lished and that the etching rate be cal-culated in terms of micrometers per second.The actual etching time used for the particu-late asher and operating conditions will thenbe set such that a 1–2 µm (10 percent) layerof collapsed surface will be removed.

iii. Procedures as described in Unit III. orother equivalent methods may be used toprepare samples.

F. TEM Method

1. An 80–120 kV TEM capable of performingelectron diffraction with a fluorescent screeninscribed with calibrated gradations is re-quired. If the TEM is equipped with EDXA itmust either have a STEM attachment or becapable of producing a spot less than 250 nmin diameter at crossover. The microscopeshall be calibrated routinely for magnifica-tion and camera constant.

2. Determination of Camera Constant and ED

Pattern Analysis. The camera length of theTEM in ED operating mode must be cali-brated before ED patterns on unknown sam-ples are observed. This can be achieved byusing a carbon-coated grid on which a thinfilm of gold has been sputtered or evapo-rated. A thin film of gold is evaporated onthe specimen TEM grid to obtain zone-axisED patterns superimposed with a ring pat-tern from the polycrystalline gold film. Inpractice, it is desirable to optimize thethickness of the gold film so that only one ortwo sharp rings are obtained on the super-imposed ED pattern. Thicker gold film wouldnormally give multiple gold rings, but it willtend to mask weaker diffraction spots fromthe unknown fibrous particulate. Since theunknown d-spacings of most interest in as-bestos analysis are those which lie closest tothe transmitted beam, multiple gold ringsare unnecessary on zone-axis ED patterns.An average camera constant using multiplegold rings can be determined. The cameraconstant is one-half the diameter of therings times the interplanar spacing of thering being measured.

3. Magnification Calibration. The magnifica-tion calibration must be done at the fluores-cent screen. The TEM must be calibrated atthe grid opening magnification (if used) andalso at the magnification used for fibercounting. This is performed with a cross

grating replica (e.g., one containing 2,160lines/mm). Define a field of view on the fluo-rescent screen either by markings or phys-ical boundaries. The field of view must bemeasurable or previously inscribed with ascale or concentric circles (all scales should

be metric). A logbook must be maintained,and the dates of calibration and the valuesobtained must be recorded. The frequency ofcalibration depends on the past history ofthe particular microscope. After any mainte-nance of the microscope that involved ad-justment of the power supplied to the lensesor the high-voltage system or the mechan-ical disassembly of the electron optical col-umn apart from filament exchange, the mag-nification must be recalibrated. Before theTEM calibration is performed, the analystmust ensure that the cross grating replica isplaced at the same distance from the objec-tive lens as the specimens are. For instru-ments that incorporate a eucentric tiltingspecimen stage, all specimens and the crossgrating replica must be placed at theeucentric position.

4. While not required on every microscopein the laboratory, the laboratory must haveeither one microscope equipped with energydispersive X-ray analysis or access to anequivalent system on a TEM in another lab-oratory.

5. Microscope settings: 80–120 kV, grid as-sessment 250–1,000X, then 15,000–20,000Xscreen magnification for analysis.

6. Approximately one-half (0.5) of the pre-determined sample area to be analyzed shallbe performed on one sample grid preparationand the remaining half on a second samplegrid preparation.

7. Individual grid openings with greaterthan 5 percent openings (holes) or covered

with greater than 25 percent particulatematter or obviously having nonuniform load-ing must not be analyzed.

8. Reject the grid if:

a. Less than 50 percent of the grid openingscovered by the replica are intact.

b. The replica is doubled or folded.c. The replica is too dark because of incom-

plete dissolution of the filter.

9. Recording Rules.

a. Any continuous grouping of particles inwhich an asbestos fiber with an aspect ratiogreater than or equal to 5:1 and a lengthgreater than or equal to 0.5 µm is detectedshall be recorded on the count sheet. Thesewill be designated asbestos structures andwill be classified as fibers, bundles, clusters,or matrices. Record as individual fibers anycontiguous grouping having 0, 1, or 2 defin-

able intersections. Groupings having morethan 2 intersections are to be described ascluster or matrix. An intersection is a non-parallel touching or crossing of fibers, withthe projection having an aspect ratio of 5:1or greater. See the following Figure 2:




872





873


i. Fiber. A structure having a minimum

length greater than or equal to 0.5 µm and an

aspect ratio (length to width) of 5:1 or great-er 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 diame-

ter.

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 freeand the other end embedded in or hidden by

a particulate. The exposed fiber must meet

the fiber definition.

b. Separate categories will be maintained

for fibers less than 5 µm and for fibers equal

to or greater than 5 µm in length.

c. Record NSD when no structures are de-

tected in the field.

d. Visual identification of electron diffrac-

tion (ED) patterns is required for each asbes-

tos structure counted which would cause the




874


analysis to exceed the 70 s/mm2 concentra-tion. (Generally this means the first four fi-bers identified as asbestos must exhibit anidentifiable diffraction pattern for chrysotileor amphibole.)

e. The micrograph number of the recordeddiffraction patterns must be reported to theclient and maintained in the laboratory’squality assurance records. In the event thatexamination of the pattern by a qualified in-dividual indicates that the pattern has beenmisidentified visually, the client shall becontacted.

f. Energy Dispersive X-ray Analysis(EDXA) is required of all amphiboles whichwould cause the analysis results to exceedthe 70 s/mm2 concentration. (Generallyspeaking, the first 4 amphiboles would re-quire EDXA.)

g. If the number of fibers in the non-asbestos class would cause the analysis toexceed the 70 s/mm2 concentration, the factthat they are not asbestos must be con-firmed by EDXA or measurement of a zoneaxis diffraction pattern.

h. Fibers classified as chrysotile must beidentified by diffraction or X-ray analysisand recorded on a count sheet. X-ray anal-ysis alone can be used only after 70 s/mm2 have been exceeded for a particular sample.

i. Fibers classified as amphiboles must beidentified by X-ray analysis and electron dif-fraction and recorded on the count sheet. (X-ray analysis alone can be used only after 70s/mm2 have been exceeded for a particularsample.)

j. If a diffraction pattern was recorded onfilm, record the micrograph number on thecount sheet.

k. If an electron diffraction was attemptedbut no pattern was observed, record N on thecount sheet.

l. If an EDXA spectrum was attempted butnot observed, record N on the count sheet.

m. If an X-ray analysis spectrum is stored,record the file and disk number on the countsheet.

10. Classification Rules.

a. Fiber. A structure having a minimumlength greater than or equal to 0.5 µm and anaspect ratio (length to width) of 5:1 or great-er and substantially parallel sides. Note theappearance of the end of the fiber, i.e.,whether it is flat, rounded or dovetailed.

b. Bundle. A structure composed of three ormore fibers in a parallel arrangement witheach fiber closer than one fiber diameter.

c. Cluster. A structure with fibers in a ran-dom arrangement such that all fibers areintermixed and no single fiber is isolatedfrom the group. Groupings must have morethan two intersections.

d. Matrix. Fiber or fibers with one end freeand the other end embedded in or hidden bya particulate. The exposed fiber must meetthe fiber definition.

11. After finishing with a grid, remove itfrom the microscope, and replace it in theappropriate grid holder. Sample grids mustbe stored for a minimum of 1 year from thedate of the analysis; the sample cassettemust be retained for a minimum of 30 daysby the laboratory or returned at the client’srequest.

G. Sample Analytical Sequence

1. Under the present sampling require-ments a minimum of 13 samples is to be col-lected for the clearance testing of an abate-ment site. These include five abatement areasamples, five ambient samples, two field

blanks, and one sealed blank.2. Carry out visual inspection of work siteprior to air monitoring.

3. Collect a minimum of 5 air samples in-side the work site and 5 samples outside thework site. The indoor and outdoor samplesshall be taken during the same time period.

4. Remaining steps in the analytical se-quence are contained in Unit IV of this Ap-pendix.

H. Reporting

1. The following information must be re-ported to the client for each sample ana-lyzed:

a. Concentration in structures per squaremillimeter and structures per cubic centi-meter.

b. Analytical sensitivity used for the anal-ysis.

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 indi-

cate that the laboratory met specificationsof the method.

h. Report form must contain official lab-oratory identification (e.g., letterhead).

i. Type of asbestos.

I. Quality Control/Quality AssuranceProcedures (Data Quality Indicators)

Monitoring the environment for airborneasbestos requires the use of sensitive sam-pling and analysis procedures. Because thetest is sensitive, it may be influenced by avariety of factors. These include the suppliesused in the sampling operation, the perform-ance of the sampling, the preparation of thegrid from the filter and the actual examina-tion of this grid in the microscope. Each ofthese unit operations must produce a prod-uct of defined quality if the analytical resultis to be a reliable and meaningful test result.Accordingly, a series of control checks andreference standards are to be performedalong with the sample analysis as indicatorsthat the materials used are adequate and the




875


operations are within acceptable limits. Inthis way, the quality of the data is definedand the results are of known value. Thesechecks and tests also provide timely and spe-cific warning of any problems which might

develop within the sampling and analysis op-

erations. A description of these quality con-

trol/quality assurance procedures is summa-

rized in the following Table III:

1. When the samples arrive at the labora-tory, check the samples and documentationfor completeness and requirements beforeinitiating the analysis.

2. Check all laboratory reagents and sup-plies for acceptable asbestos background lev-els.

3. Conduct all sample preparation in a

clean room environment monitored by lab-

oratory blanks. Testing with blanks must

also be done after cleaning or servicing the

room.

4. Prepare multiple grids of each sample.




876


5. Provide laboratory blanks with eachsample batch. Maintain a cumulative aver-age of these results. If there are more than 53fibers/mm2 per 10 200-mesh grid openings, thesystem must be checked for possible sourcesof contamination.

6. Perform a system check on the trans-mission electron microscope daily.

7. Make periodic performance checks ofmagnification, electron diffraction and en-ergy dispersive X-ray systems as set forth inTable III under Unit II.I.

8. Ensure qualified operator performanceby evaluation of replicate analysis andstandard sample comparisons as set forth inTable III under Unit II.I.

9. Validate all data entries.

10. Recalculate a percentage of all com-putations and automatic data reductionsteps as specified in Table III under Unit II.I.

11. Record an electron diffraction patternof one asbestos structure from every fivesamples that contain asbestos. Verify theidentification of the pattern by measure-ment or comparison of the pattern with pat-terns collected from standards under thesame conditions. The records must also dem-onstrate that the identification of the pat-tern has been verified by a qualified indi-vidual and that the operator who made theidentification is maintaining at least an 80percent correct visual identification basedon his measured patterns.

12. Appropriate logs or records must bemaintained by the analytical laboratoryverifying that it is in compliance with themandatory quality assurance procedures.

J. References

For additional background information onthis method, the following references shouldbe consulted.

1. ‘‘Guidance for Controlling Asbestos-Con-taining Materials in Buildings,’’ EPA 560/5–85–024, June 1985.

2. ‘‘Measuring Airborne Asbestos Followingan Abatement Action,’’ USEPA, Office ofPollution Prevention and Toxics, EPA 600/4–85–049, 1985.

3. Small, John and E. Steel. AsbestosStandards: Materials and Analytical Meth-ods. 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 Sili-cate Minerals and Their Asbestiform Vari-eties. Information Circular 8751, U.S. Bureauof Mines, 1977.

5. Quality Assurance Handbook for Air Pol-lution Measurement System. Ambient AirMethods, EPA 600/4–77–027a, USEPA, Office ofResearch and Development, 1977.

6. Method 2A: Direct Measurement of GasVolume through Pipes and Small Ducts. 40CFR Part 60 Appendix A.

7. Burdette, G.J., Health & Safety Exec.Research & Lab. Services Div., London,

‘‘Proposed Analytical Method for Determina-tion of Asbestos in Air.’’

8. Chatfield, E.J., Chatfield Tech. Cons.,Ltd., Clark, T., PEI Assoc., ‘‘Standard Oper-ating Procedure for Determination of Air-borne Asbestos Fibers by Transmission Elec-tron Microscopy Using Polycarbonate Mem-brane 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, ‘‘Methodologyfor the Measurement of Airborne Asbestos byElectron Microscopy,’’ Draft report, USEPAContract 68–02–3266, July 1984.

11. ‘‘Guidance to the Preparation of Qual-ity Assurance Project Plans,’’ USEPA, Officeof Pollution Prevention and Toxics, 1984.

III. Nonmandatory Transmission Electron

Microscopy Method

A. Definitions of Terms

1. Analytical sensitivity —Airborne asbestosconcentration represented by each fibercounted under the electron microscope. It isdetermined by the air volume collected andthe proportion of the filter examined. Thismethod requires that the analytical sensi-tivity be no greater than 0.005 s/cm3.

2. Asbestiform —A specific type of mineralfibrosity in which the fibers and fibrils pos-sess high tensile strength and flexibility.

3. Aspect ratio —A ratio of the length to the

width of a particle. Minimum aspect ratio asdefined by this method is equal to or greaterthan 5:1.

4. Bundle —A structure composed of threeor more fibers in a parallel arrangementwith each fiber closer than one fiber diame-ter.

5. Clean area —A controlled environmentwhich is maintained and monitored to assurea low probability of asbestos contaminationto materials in that space. Clean areas usedin this method have HEPA filtered air underpositive pressure and are capable of sus-tained operation with an open laboratoryblank which on subsequent analysis has anaverage of less than 18 structures/mm2 in anarea of 0.057 mm2 (nominally 10 200 mesh gridopenings) and a maximum of 53 structures/mm2 for no more than one single preparation

for that same area.6. Cluster —A structure with fibers in a ran-dom arrangement such that all fibers areintermixed and no single fiber is isolatedfrom the group. Groupings must have morethan two intersections.

7. ED —Electron diffraction.8. EDXA —Energy dispersive X-ray anal-

ysis.9. Fiber —A structure greater than or equal

to 0.5 µm in length with an aspect ratio(length to width) of 5:1 or greater and havingsubstantially parallel sides.




877


10. Grid —An open structure for mountingon the sample to aid in its examination inthe TEM. The term is used here to denote a200-mesh copper lattice approximately 3 mmin diameter.

11. Intersection —Nonparallel touching orcrossing of fibers, with the projection havingan aspect ratio of 5:1 or greater.

12. Laboratory sample coordinator —That per-son responsible for the conduct of samplehandling and the certification of the testingprocedures.

13. Filter background level —The concentra-tion of structures per square millimeter offilter that is considered indistinguishablefrom the concentration measured on blanks

(filters through which no air has beendrawn). For this method the filter back-ground level is defined as 70 structures/mm2.

14. Matrix —Fiber or fibers with one endfree and the other end embedded in or hiddenby a particulate. The exposed fiber mustmeet 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 diffrac-

tion.19. SEM —Scanning electron microscope.20. STEM —Scanning transmission electron

microscope.21. Structure —a microscopic bundle, clus-

ter, fiber, or matrix which may contain as-bestos.

22. S/cm3 —Structures per cubic centimeter.23. S/mm2 —Structures per square milli-

meter.24. TEM —Transmission electron micro-

scope.

B. Sampling

1. Sampling operations must be performedby qualified individuals completely inde-pendent of the abatement contractor toavoid possible conflict of interest (See Ref-erences 1, 2, and 5 of Unit III.L.) Special pre-cautions should be taken to avoid contami-nation of the sample. For example, materialsthat have not been prescreened for their as-bestos background content should not beused; also, sample handling procedures which

do not take cross contamination possibilitiesinto account should not be used.

2. Material and supply checks for asbestoscontamination should be made on all criticalsupplies, reagents, and procedures beforetheir use in a monitoring study.

3. Quality control and quality assurancesteps are needed to identify problem areasand isolate the cause of the contamination(see Reference 5 of Unit III.L.). Controlchecks shall be permanently recorded to doc-ument the quality of the information pro-duced. The sampling firm must have writtenquality control procedures and documentswhich verify compliance. Independent auditsby a qualified consultant or firm should beperformed once a year. All documentation ofcompliance should be retained indefinitelyto provide a guarantee of quality. A sum-mary of Sample Data Quality Objectives isshown in Table II of Unit II.B.

4. Sampling materials.

a. Sample for airborne asbestos followingan abatement action using commerciallyavailable cassettes.

b. Use either a cowling or a filter-retainingmiddle piece. Conductive material may re-duce the potential for particulates to adhereto the walls of the cowl.

c. Cassettes must be verified as ‘‘clean’’prior to use in the field. If packaged filtersare used for loading or preloaded cassettesare purchased from the manufacturer or adistributor, the manufacturer’s name and lotnumber should be entered on all field data

sheets provided to the laboratory, and are re-quired to be listed on all reports from thelaboratory.

d. Assemble the cassettes in a clean facil-ity (See definition of clean area under UnitIII.A.).

e. Reloading of used cassettes is not per-mitted.

f. Use sample collection filters which areeither polycarbonate having a pore size ofless than or equal to 0.4 µm or mixed cel-lulose ester having a pore size of less than orequal to 0.45 µm.

g. Place these filters in series with abackup filter with a pore size of 5.0 µm (toserve as a diffuser) and a support pad. Seethe following Figure 1:




878


h. When polycarbonate filters are used, po-

sition 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 use-

ful to achieve a reproducible leak-free seal.




879


Shrink fit gel-bands may be used for thispurpose and are available from filter manu-facturers and their authorized distributors.

j. Use wrinkle-free loaded cassettes in thesampling operation.

5. Pump setup.a. Calibrate the sampling pump over the

range of flow rates and loads anticipated forthe monitoring period with this flow meas-uring device in series. Perform this calibra-tion using guidance from EPA Method 2Aeach time the unit is sent to the field (SeeReference 6 of Unit III.L.).

b. Configure the sampling system to pre-clude pump vibrations from being trans-mitted to the cassette by using a sampling

stand separate from the pump station andmaking connections with flexible tubing.

c. Maintain continuous smooth flow condi-tions by damping out any pump action fluc-tuations if necessary.

d. Check the sampling system for leaks

with the end cap still in place and the pump

operating before initiating sample collec-

tion. Trace and stop the source of any flow

indicated by the flowmeter under these con-

ditions.

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 approxi-

mately 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, flowrates 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:




880


h. Initiate a chain of custody procedure atthe start of each sampling, if this is re-quested by the client.

i. Maintain a close check of all aspects ofthe sampling operation on a regular basis.

j. Continue sampling until at least the

minimum volume is collected, as specified in

the following Table I:




881


k. At the conclusion of sampling, turn the

cassette upward before stopping the flow to

minimize possible particle loss. If the sam-

pling is resumed, restart the flow before re-

orienting 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 indi-

vidual clean resealed polyethylene bags.

Bags are to be used for storing cassette caps

when they are removed for sampling pur-

poses. Caps and plugs should only be re-

moved 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.




882


6. Minimum sample number per site. Aminimum of 13 samples are to be collectedfor each testing consisting of the following:

a. A minimum of five samples per abate-ment area.

b. A minimum of five samples per ambientarea positioned at locations representativeof the air entering the abatement site.

c. Two field blanks are to be taken by re-moving the cap for not more than 30 sec andreplacing it at the time of sampling beforesampling 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 duringthe sampling period.)

d. A sealed blank is to be carried with eachsample set. This representative cassette isnot to be opened in the field.

7. Abatement area sampling.

a. Conduct final clearance sampling onlyafter the primary containment barriers havebeen removed; the abatement area has beenthoroughly dried; and, it has passed visualinspection tests by qualified personnel. (SeeReference 1 of Unit III.L.)

b. Containment barriers over windows,doors, and air passageways must remain inplace until the TEM clearance sampling andanalysis is completed and results meet clear-ance test criteria. The final plastic barrierremains in place for the sampling period.

c. Select sampling sites in the abatementarea on a random basis to provide unbiasedand representative samples.

d. After the area has passed a thorough vis-ual inspection, use aggressive sampling con-ditions to dislodge any remaining dust.

i. Equipment used in aggressive samplingsuch as a leaf blower and/or fan should beproperly cleaned and decontaminated beforeuse.

ii. Air filtration units shall remain on dur-ing the air monitoring period.

iii. Prior to air monitoring, floors, ceilingand walls shall be swept with the exhaust ofa minimum one (1) horsepower leaf blower.

iv. Stationary fans are placed in locationswhich will not interfere with air monitoringequipment. Fan air is directed toward theceiling. One fan shall be used for each 10,000ft3 of worksite.

v. Monitoring of an abatement work areawith high-volume pumps and the use of cir-culating fans will require electrical power.Electrical outlets in the abatement areamay be used if available. If no such outletsare available, the equipment must be sup-plied with electricity by the use of extensioncords and strip plug units. All electricalpower supply equipment of this type must beapproved Underwriter Laboratory equipmentthat has not been modified. All wiring mustbe grounded. Ground fault interruptersshould be used. Extreme care must be takento clean up any residual water and ensure

that electrical equipment does not becomewet while operational.

vi. Low volume pumps may be carefullywrapped in 6-mil polyethylene to insulatethe pump from the air. High volume pumpscannot be sealed in this manner since theheat of the motor may melt the plastic. Thepump exhausts should be kept free.

vii. If recleaning is necessary, removal ofthis equipment from the work area must behandled with care. It is not possible to com-pletely decontaminate the pump motor andparts since these areas cannot be wetted. Tominimize any problems in this area, allequipment such as fans and pumps should becarefully wet wiped prior to removal fromthe abatement area. Wrapping and sealinglow volume pumps in 6-mil polyethylene willprovide easier decontamination of thisequipment. Use of clean water and disposablewipes should be available for this purpose.

e. Pump flow rate equal to or greater than1 L/min or less than 10 L/min may be used for25 mm cassettes. The larger cassette diame-ters may have comparably increased flow.

f. Sample a volume of air sufficient to en-sure the minimum quantitation limits. (SeeTable I of Unit III.B.5.j.)

8. Ambient sampling.a. Position ambient samplers at locations

representative of the air entering the abate-ment site. If makeup air entering the abate-ment site is drawn from another area of thebuilding which is outside of the abatementarea, place the pumps in the building, pumps

should be placed out of doors located nearthe building and away from any obstructionsthat may influence wind patterns. If con-struction is in progress immediately outsidethe enclosure, it may be necessary to selectanother ambient site. Samples should be rep-resentative of any air entering the work site.

b. Locate the ambient samplers at least 3ft apart and protect them from adverseweather conditions.

c. Sample same volume of air as samplestaken inside the abatement site.

C. Sample Shipment

1. Ship bulk samples in a separate con-tainer from air samples. Bulk samples andair samples delivered to the analytical lab-oratory in the same container shall be re-jected.

2. Select a rigid shipping container andpack the cassettes upright in a noncontami-nating nonfibrous medium such as a bubblepack. The use of resealable polyethylenebags may help to prevent jostling of indi-vidual cassettes.

3. Avoid using expanded polystyrene be-cause of its static charge potential. Alsoavoid using particle-based packaging mate-rials because of possible contamination.

4. Include a shipping bill and a detailedlisting of samples shipped, their descriptions




883


and all identifying numbers or marks, sam-pling data, shipper’s name, and contact in-formation. For each sample set, designatewhich are the ambient samples, which arethe abatement area samples, which are thefield blanks, and which is the sealed blank ifsequential analysis is to be performed.

5. Hand-carry samples to the laboratory inan upright position if possible; otherwisechoose that mode of transportation leastlikely to jar the samples in transit.

6. Address the package to the laboratorysample coordinator by name when knownand alert him or her of the package descrip-tion, shipment mode, and anticipated arrivalas part of the chain of custody and sampletracking procedures. This will also help thelaboratory schedule timely analysis for thesamples when they are received.

D. Quality Control/Quality AssuranceProcedures (Data Quality Indicators)

Monitoring the environment for airborneasbestos requires the use of sensitive sam-pling and analysis procedures. Because thetest is sensitive, it may be influenced by avariety of factors. These include the suppliesused in the sampling operation, the perform-ance of the sampling, the preparation of thegrid from the filter and the actual examina-tion of this grid in the microscope. Each ofthese unit operations must produce a prod-uct of defined quality if the analytical resultis to be a reliable and meaningful test result.

Accordingly, a series of control checks andreference standards is performed along withthe sample analysis as indicators that thematerials used are adequate and the oper-ations are within acceptable limits. In thisway, the quality of the data is defined, andthe results are of known value. These checksand tests also provide timely and specificwarning of any problems which might de-velop within the sampling and analysis oper-ations. A description of these quality con-trol/quality assurance procedures is summa-rized in the text below.

1. Prescreen the loaded cassette collectionfilters to assure that they do not containconcentrations of asbestos which may inter-fere with the analysis of the sample. A filterblank average of less than 18 s/mm2 in anarea of 0.057 mm2 (nominally 10 200-mesh gridopenings) and a maximum of 53 s/mm2 forthat same area for any single preparation isacceptable for this method.

2. Calibrate sampling pumps and their flowindicators over the range of their intendeduse with a recognized standard. Assemble thesampling system with a representative fil-ter—not the filter which will be used in sam-pling—before and after the sampling oper-ation.

3. Record all calibration information withthe data to be used on a standard samplingform.

4. Ensure that the samples are stored in asecure and representative location.

5. Ensure that mechanical calibrationsfrom the pump will be minimized to preventtransferral of vibration to the cassette.

6. Ensure that a continuous smooth flow ofnegative pressure is delivered by the pumpby installing a damping chamber if nec-essary.

7. Open a loaded cassette momentarily atone of the indoor sampling sites when sam-pling is initiated. This sample will serve asan indoor field blank.

8. Open a loaded cassette momentarily atone of the outdoor sampling sites when sam-pling is initiated. This sample will serve asan outdoor field blank.

9. Carry a sealed blank into the field witheach sample series. Do not open this cassettein the field.

10. Perform a leak check of the samplingsystem at each indoor and outdoor samplingsite by activating the pump with the closedsampling cassette in line. Any flow indicatesa leak which must be eliminated before initi-ating the sampling operation.

11. Ensure that the sampler is turned up-right before interrupting the pump flow.

12. Check that all samples are clearly la-beled and that all pertinent information hasbeen enclosed before transfer of the samplesto the laboratory.

E. Sample Receiving

1. Designate one individual as sample coor-dinator at the laboratory. While that indi-vidual will normally be available to receivesamples, the coordinator may train and su-pervise others in receiving procedures forthose times when he/she is not available.

2. Adhere to the following procedures toensure both the continued chain-of-custodyand the accountability of all samples passingthrough the laboratory:

a. Note the condition of the shipping pack-age and data written on it upon receipt.

b. Retain all bills of lading or shippingslips to document the shipper and deliverytime.

c. Examine the chain-of-custody seal, ifany, and the package for its integrity.

d. If there has been a break in the seal orsubstantive damage to the package, the sam-ple coordinator shall immediately notify theshipper and a responsible laboratory man-ager before any action is taken to unpackthe shipment.

e. Packages with significant damage shallbe accepted only by the responsible labora-tory manager after discussions with the cli-ent.

3. Unwrap the shipment in a clean,uncluttered facility. The sample coordinatoror his or her designee will record the con-tents, including a description of each itemand all identifying numbers or marks. A




884


Sample Receiving Form to document this in-formation is attached for use when nec-essary. (See the following Figure 3.)




885


NOTE: The person breaking the chain-of-custody seal and itemizing the contents as-sumes responsibility for the shipment andsigns documents accordingly.

4. Assign a laboratory number and sched-ule an analysis sequence.

5. Manage all chain-of-custody sampleswithin the laboratory such that their integ-rity can be ensured and documented.

F. Sample Preparation

1. Personnel not affiliated with the Abate-ment Contractor shall be used to preparesamples and conduct TEM analysis. Wet-wipe the exterior of the cassettes to mini-

mize contamination possibilities before tak-ing them to the clean sample preparation fa-cility.

2. Perform sample preparation in a well-equipped clean facility.

NOTE: The clean area is required to havethe following minimum characteristics. Thearea or hood must be capable of maintaininga positive pressure with make-up air beingHEPA filtered. The cumulative analyticalblank concentration must average less than18 s/mm2 in an area of 0.057 s/mm2 (nominally10 200-mesh grid openings) with no more thanone single preparation to exceed 53 s/mm2 forthat same area.

3. Preparation areas for air samples mustbe separated from preparation areas for bulksamples. Personnel must not prepare airsamples if they have previously been pre-

paring bulk samples without performing ap-propriate personal hygiene procedures, i.e.,clothing change, showering, etc.

4. Preparation. Direct preparation tech-niques are required. The objective is toproduce an intact carbon film containing theparticulates from the filter surface which issufficiently clear for TEM analysis. Cur-rently recommended direct preparation pro-cedures for polycarbonate (PC) and mixedcellulose ester (MCE) filters are described inUnit III.F.7. and 8. Sample preparation is asubject requiring additional research. Vari-ation on those steps which do not sub-stantively change the procedure, which im-prove filter clearing or which reduce con-tamination problems in a laboratory are per-mitted.

a. Use only TEM grids that have had grid

opening areas measured according to direc-tions in Unit III.J.

b. Remove the inlet and outlet plugs priorto opening the cassette to minimize anypressure differential that may be present.

c. Examples of techniques used to preparepolycarbonate filters are described in UnitIII.F.7.

d. Examples of techniques used to preparemixed cellulose ester filters are described inUnit III.F.8.

e. Prepare multiple grids for each sample.

f. Store the three grids to be measured inappropriately labeled grid holders or poly-ethylene capsules.

5. Equipment.a. Clean area.b. Tweezers. Fine-point tweezers for han-

dling of filters and TEM grids.c. Scalpel Holder and Curved No. 10 Sur-

gical Blades.d. Microscope slides.e. Double-coated adhesive tape.f. Gummed page reinforcements.g. Micro-pipet with disposal tips 10 to 100

µL variable volume.h. Vacuum coating unit with facilities for

evaporation of carbon. Use of a liquid nitro-

gen cold trap above the diffusion pump willminimize the possibility of contamination ofthe filter surface by oil from the pumpingsystem. The vacuum-coating unit can also beused for deposition of a thin film of gold.

i. Carbon rod electrodes. Spectrochemicallypure carbon rods are required for use in thevacuum evaporator for carbon coating of fil-ters.

j. Carbon rod sharpener. This is used tosharpen carbon rods to a neck. The use ofnecked carbon rods (or equivalent) allowsthe carbon to be applied to the filters with aminimum of heating.

k. Low-temperature plasma asher. This isused to etch the surface of collapsed mixedcellulose ester (MCE) filters. The ashershould be supplied with oxygen, and shouldbe modified as necessary to provide a throt-

tle or bleed valve to control the speed of thevacuum to minimize disturbance of the fil-ter. Some early models of ashers admit airtoo rapidly, which may disturb particulateson the surface of the filter during the etch-ing step.

l. Glass petri dishes, 10 cm in diameter, 1 cm

high. For prevention of excessive evaporationof solvent when these are in use, a good sealmust be provided between the base and thelid. The seal can be improved by grinding thebase and lid together with an abrasive grind-ing material.

m. Stainless steel mesh.n. Lens tissue.o. Copper 200-mesh TEM grids, 3 mm in di-

ameter, or equivalent.p. Gold 200-mesh TEM grids, 3 mm in di-

ameter, or equivalent.

q. Condensation washer.r. Carbon-coated, 200-mesh TEM grids, orequivalent.

s. Analytical balance, 0.1 mg sensitivity.t. Filter paper, 9 cm in diameter.u. Oven or slide warmer. Must be capable

of maintaining a temperature of 65–70 °C.v. Polyurethane foam, 6 mm thickness.w. Gold wire for evaporation.6. Reagents.a. General. A supply of ultra-clean, fiber-

free water must be available for washing ofall components used in the analysis. Water




886


that has been distilled in glass or filtered ordeionized water is satisfactory for this pur-pose. Reagents must be fiber-free.

b. Polycarbonate preparation method—chloroform.

c. Mixed Cellulose Ester (MCE) preparationmethod—acetone or the Burdette procedure(Ref. 7 of Unit III.L.).

7. TEM specimen preparation frompolycarbonate filters.

a. Specimen preparation laboratory. It ismost important to ensure that contamina-tion of TEM specimens by extraneous asbes-tos fibers is minimized during preparation.

b. Cleaning of sample cassettes. Upon re-ceipt at the analytical laboratory and before

they are taken into the clean facility or lam-inar flow hood, the sample cassettes must becleaned of any contamination adhering tothe outside surfaces.

c. Preparation of the carbon evaporator. Ifthe polycarbonate filter has already beencarbon-coated prior to receipt, the carboncoating step will be omitted, unless the ana-lyst believes the carbon film is too thin. Ifthere is a need to apply more carbon, the fil-ter will be treated in the same way as anuncoated filter. Carbon coating must be per-formed with a high-vacuum coating unit.Units that are based on evaporation of car-bon filaments in a vacuum generated only byan oil rotary pump have not been evaluatedfor this application, and must not be used.The carbon rods should be sharpened by acarbon rod sharpener to necks of about 4 mm

long and 1 mm in diameter. The rods are in-stalled in the evaporator in such a mannerthat the points are approximately 10 to 12cm from the surface of a microscope slideheld in the rotating and tilting device.

d. Selection of filter area for carbon coat-ing. Before preparation of the filters, a 75mm×50 mm microscope slide is washed anddried. This slide is used to support strips offilter during the carbon evaporation. Twoparallel strips of double-sided adhesive tapeare applied along the length of the slide.Polycarbonate filters are easily stretchedduring handling, and cutting of areas for fur-ther preparation must be performed withgreat care. The filter and the MCE backingfilter are removed together from the cassetteand placed on a cleaned glass microscopeslide. The filter can be cut with a curvedscalpel blade by rocking the blade from thepoint placed in contact with the filter. Theprocess can be repeated to cut a strip ap-proximately 3 mm wide across the diameterof the filter. The strip of polycarbonate filteris separated from the corresponding strip ofbacking filter and carefully placed so that itbridges the gap between the adhesive tapestrips on the microscope slide. The filterstrip can be held with fine-point tweezersand supported underneath by the scalpelblade during placement on the microscopeslide. The analyst can place several such

strips on the same microscope slide, takingcare to rinse and wet-wipe the scalpel bladeand tweezers before handling a new sample.The filter strips should be identified by etch-ing the glass slide or marking the slide usinga marker insoluble in water and solvents.After the filter strip has been cut from eachfilter, the residual parts of the filter must bereturned to the cassette and held in positionby reassembly of the cassette. The cassettewill then be archived for a period of 30 daysor returned to the client upon request.

e. Carbon coating of filter strips. The glassslide holding the filter strips is placed on therotation-tilting device, and the evaporatorchamber is evacuated. The evaporation must

be performed in very short bursts, separatedby some seconds to allow the electrodes tocool. If evaporation is too rapid, the strips ofpolycarbonate filter will begin to curl, whichwill lead to cross-linking of the surface ma-terial and make it relatively insoluble inchloroform. An experienced analyst canjudge the thickness of carbon film to be ap-plied, and some test should be made first onunused filters. If the film is too thin, largeparticles will be lost from the TEM speci-men, and there will be few complete andundamaged grid openings on the specimen. Ifthe coating is too thick, the filter will tendto curl when exposed to chloroform vaporand the carbon film may not adhere to thesupport mesh. Too thick a carbon film willalso lead to a TEM image that is lacking incontrast, and the ability to obtain ED pat-

terns will be compromised. The carbon filmshould be as thin as possible and remain in-tact on most of the grid openings of the TEMspecimen intact.

f. Preparation of the Jaffe washer. The pre-cise design of the Jaffe washer is not consid-ered important, so any one of the publisheddesigns may be used. A washer consisting ofa simple stainless steel bridge is rec-ommended. Several pieces of lens tissue ap-proximately 1.0 cm×0.5 cm are placed on thestainless steel bridge, and the washer isfilled with chloroform to a level where themeniscus contacts the underside of the mesh,which results in saturation of the lens tis-sue. See References 8 and 10 of Unit III.L.

g. Placing of specimens into the Jaffewasher. The TEM grids are first placed on apiece of lens tissue so that individual gridscan be picked up with tweezers. Using acurved scalpel blade, the analyst excisesthree 3 mm square pieces of the carbon-coat-ed polycarbonate filter from the filter strip.The three squares are selected from the cen-ter of the strip and from two points betweenthe outer periphery of the active surface andthe center. The piece of filter is placed on aTEM specimen grid with the shiny side ofthe TEM grid facing upwards, and the wholeassembly is placed boldly onto the saturatedlens tissue in the Jaffe washer. If carbon-coated grids are used, the filter should be




887


placed carbon-coated side down. The threeexcised squares of filters are placed on thesame piece of lens tissue. Any number of sep-arate pieces of lens tissue may be placed inthe same Jaffe washer. The lid is then placedon the Jaffe washer, and the system is al-lowed to stand for several hours, preferablyovernight.

h. Condensation washing. It has been foundthat many polycarbonate filters will not dis-solve completely in the Jaffe washer, evenafter being exposed to chloroform for as longas 3 days. This problem becomes more seri-ous if the surface of the filter was overheatedduring the carbon evaporation. The presenceof undissolved filter medium on the TEM

preparation leads to partial or complete ob-scuration of areas of the sample, and fibersthat may be present in these areas of thespecimen will be overlooked; this will lead toa low result. Undissolved filter medium alsocompromises the ability to obtain ED pat-terns. Before they are counted, TEM gridsmust be examined critically to determinewhether they are adequately cleared of resid-ual filter medium. It has been found thatcondensation washing of the grids after theinitial Jaffe washer treatment, with chloro-form as the solvent, clears all residual filtermedium in a period of approximately 1 hour.In practice, the piece of lens tissue sup-porting the specimen grids is transferred tothe 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 condensationwasher step may be unnecessary.

8. TEM specimen preparation from MCEfilters.

a. This method of preparing TEM speci-mens from MCE filters is similar to thatspecified in NIOSH Method 7402. See Ref-erences 7, 8, and 9 of Unit III.L.

b. Upon receipt at the analytical labora-tory, the sample cassettes must be cleaned ofany contamination adhering to the outsidesurfaces before entering the clean samplepreparation area.

c. Remove a section from any quadrant ofthe sample and blank filters.

d. Place the section on a clean microscopeslide. Affix the filter section to the slidewith a gummed paged reinforcement or othersuitable means. Label the slide with a water

and solvent-proof marking pen.e. Place the slide in a petri dish which con-tains several paper filters soaked with 2 to 3mL acetone. Cover the dish. Wait 2 to 4 min-utes for the sample filter to fuse and clear.

f. Plasma etching of the collapsed filter isrequired.

i. The microscope slide to which the col-lapsed filter pieces are attached is placed ina plasma asher. Because plasma ashers varygreatly in their performance, both from unitto unit and between different positions inthe asher chamber, it is difficult to specify

the conditions that should be used. This isone area of the method that requires furtherevaluation. Insufficient etching will result ina failure to expose embedded filters, and toomuch etching may result in loss of particu-late from the surface. As an interim meas-ure, it is recommended that the time forashing of a known weight of a collapsed fil-ter be established and that the etching ratebe calculated in terms of micrometers persecond. The actual etching time used for aparticular asher and operating conditionswill then be set such that a 1–2 µm (10 per-cent) layer of collapsed surface will be re-moved.

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 in-side the bell jar of a vacuum evaporator.Evaporate a 1 mm×5 mm section of graphiterod onto the cleared filter. Remove the slideto a clean, dry, covered petri dish.

h. Prepare a second petri dish as a Jaffewasher with the wicking substrate preparedfrom filter or lens paper placed on top of a 6mm thick disk of clean spongy polyurethanefoam. Cut a V-notch on the edge of the foamand filter paper. Use the V-notch as a res-ervoir for adding solvent. The wicking sub-strate should be thin enough to fit into thepetri dish without touching the lid.

i. Place carbon-coated TEM grids face upon the filter or lens paper. Label the grids bymarking with a pencil on the filter paper or

by putting registration marks on the petridish lid and marking with a waterproofmarker on the dish lid. In a fume hood, fillthe dish with acetone until the wicking sub-strate is saturated. The level of acetoneshould be just high enough to saturate thefilter paper without creating puddles.

j. Remove about a quarter section of thecarbon-coated filter samples from the glassslides using a surgical knife and tweezers.Carefully place the section of the filter, car-bon side down, on the appropriately labeledgrid in the acetone-saturated petri dish.When all filter sections have been trans-ferred, slowly add more solvent to the wedge-shaped trough to bring the acetone level upto the highest possible level without dis-turbing the sample preparations. Cover thepetri dish. Elevate one side of the petri dishby placing a slide under it. This allows dropsof condensed solvent vapors to form near theedge rather than in the center where theywould drip onto the grid preparation.

G. TEM Method

1. Instrumentation.

a. Use an 80–120 kV TEM capable of per-forming electron diffraction with a fluores-cent screen inscribed with calibrated grada-tions. If the TEM is equipped with EDXA itmust either have a STEM attachment or becapable of producing a spot less than 250 nm




888


in diameter at crossover. The microscopeshall be calibrated routinely (see Unit III.J.)for magnification and camera constant.

b. While not required on every microscopein the laboratory, the laboratory must haveeither one microscope equipped with energydispersive X-ray analysis or access to anequivalent system on a TEM in another lab-oratory. This must be an Energy DispersiveX-ray Detector mounted on TEM column andassociated hardware/software to collect,save, and read out spectral information.Calibration of Multi-Channel Analyzer shallbe checked regularly for A1 at 1.48 KeV andCu at 8.04 KeV, as well as the manufacturer’sprocedures.

i. Standard replica grating may be used todetermine magnification (e.g., 2160 lines/mm).

ii. Gold standard may be used to determinecamera constant.

c. Use a specimen holder with single tiltand/or double tilt capabilities.

2. Procedure.a. Start a new Count Sheet for each sample

to be analyzed. Record on count sheet: ana-lyst’s initials and date; lab sample number;client sample number microscope identifica-tion; magnification for analysis; number ofpredetermined grid openings to be analyzed;and grid identification. See the followingFigure 4:




889


b. Check that the microscope is properly

aligned and calibrated according to the man-

ufacturer’s specifications and instructions.

c. Microscope settings: 80–120 kV, grid as-

sessment 250–1000X, then 15,000–20,000X

screen magnification for analysis.

d. Approximately one-half (0.5) of the pre-

determined 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.




890


i. Individual grid openings with greaterthan 5 percent openings (holes) or coveredwith greater than 25 percent particulatematter or obviously having nonuniform load-ing shall not be analyzed.

ii. Examine the grid at low magnification(<1000X) to determine its suitability for de-tailed study at higher magnifications.

iii. Reject the grid if:(1) Less than 50 percent of the grid open-

ings covered by the replica are intact.(2) It is doubled or folded.(3) It is too dark because of incomplete dis-

solution 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; otherwiseproceed to Step 7.

f. Grid Map (Optional).i. Set the TEM to the low magnification

mode.ii. Use flat edge or finder grids for map-

ping.iii. Index the grid openings (fields) to be

counted by marking the acceptable fields forone-half (0.5) of the area needed for analysison each of the two grids to be analyzed.These may be marked just before examiningeach grid opening (field), if desired.

iv. Draw in any details which will allowthe grid to be properly oriented if it is re-

loaded into the microscope and a particularfield 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, movethe image one window and reverse the tra-verse.

NOTE: A slight overlap should be used so asnot to miss any part of the grid opening(field).

(2) Make parallel traverses until the entiregrid opening (field) has been scanned.

h. Identify each structure for appearanceand size.

i. Appearance and size: Any continuousgrouping of particles in which an asbestosfiber within aspect ratio greater than orequal to 5:1 and a length greater than orequal to 0.5 µm is detected shall be recordedon the count sheet. These will be designatedasbestos structures and will be classified asfibers, bundles, clusters, or matrices. Recordas individual fibers any contiguous groupinghaving 0, 1, or 2 definable intersections.Groupings having more than 2 intersectionsare to be described as cluster or matrix. Seethe following Figure 5:




891





892


An intersection is a non-parallel touching or

crossing of fibers, with the projection having

an aspect ratio of 5:1 or greater. Combina-tions such as a matrix and cluster, matrix

and bundle, or bundle and cluster are cat-

egorized by the dominant fiber quality—clus-

ter, bundle, and matrix, respectively. Sepa-

rate categories will be maintained for fibers

less than 5 µm and for fibers greater than or

equal to 5 µm in length. Not required, but

useful, may be to record the fiber length in

1 µm intervals. (Identify each structure

morphologically and analyze it as it enters

the ‘‘window’’.)

(1) Fiber. A structure having a minimumlength greater than 0.5 µm and an aspectratio (length to width) of 5:1 or greater andsubstantially parallel sides. Note the appear-ance of the end of the fiber, i.e., whether itis flat, rounded or dovetailed, no intersec-tions.

(2) Bundle. A structure composed of 3 ormore fibers in a parallel arrangement witheach fiber closer than one fiber diameter.

(3) Cluster. A structure with fibers in a ran-dom arrangement such that all fibers areintermixed and no single fiber is isolatedfrom the group; groupings must have morethan 2 intersections.




893


(4) Matrix. Fiber or fibers with one end freeand the other end embedded in or hidden bya particulate. The exposed fiber must meetthe fiber definition.

(5) NSD. Record NSD when no structuresare detected in the field.

(6) Intersection. Non-parallel touching orcrossing of fibers, with the projection havingan aspect ratio 5:1 or greater.

ii. Structure Measurement.

(1) Recognize the structure that is to besized.

(2) Memorize its location in the ‘‘window’’relative to the sides, inscribed square and toother particulates in the field so this exactlocation can be found again when scanning isresumed.

(3) Measure the structure using the scaleon the screen.

(4) Record the length category and struc-ture type classification on the count sheetafter the field number and fiber number.

(5) Return the fiber to its original locationin the window and scan the rest of the fieldfor other fibers; if the direction of travel isnot remembered, return to the right side ofthe field and begin the traverse again.

i. Visual identification of Electron Diffrac-tion (ED) patterns is required for each asbes-tos structure counted which would cause theanalysis to exceed the 70 s/mm2 concentra-tion. (Generally this means the first four fi-bers identified as asbestos must exhibit anidentifiable diffraction pattern for chrysotileor amphibole.)

i. Center the structure, focus, and obtainan ED pattern. (See Microscope InstructionManual for more detailed instructions.)

ii. From a visual examination of the EDpattern, obtained with a short cameralength, classify the observed structure as be-longing to one of the following classifica-tions: chrysotile, amphibole, or nonasbestos.

(1) Chrysotile: The chrysotile asbestos pat-tern has characteristic streaks on the layerlines other than the central line and somestreaking also on the central line. There willbe spots of normal sharpness on the centrallayer line and on alternate lines (2nd, 4th,etc.). The repeat distance between layer linesis 0.53 nm and the center doublet is at 0.73nm. The pattern should display (002), (110),(130) diffraction maxima; distances and ge-ometry should match a chrysotile patternand be measured semiquantitatively.

(2) Amphibole Group [includes grunerite(amosite), crocidolite, anthophyllite,tremolite, and actinolite]: Amphibole asbes-tos fiber patterns show layer lines formed byvery closely spaced dots, and the repeat dis-tance between layer lines is also about 0.53nm. Streaking in layer lines is occasionallypresent due to crystal structure defects.

(3) Nonasbestos: Incomplete orunobtainable ED patterns, a nonasbestosEDXA, or a nonasbestos morphology.

iii. The micrograph number of the recordeddiffraction patterns must be reported to theclient and maintained in the laboratory’squality assurance records. The records mustalso demonstrate that the identification ofthe pattern has been verified by a qualifiedindividual and that the operator who madethe identification is maintaining at least an80 percent correct visual identification basedon his measured patterns. In the event thatexamination of the pattern by the qualifiedindividual indicates that the pattern hadbeen misidentified visually, the client shallbe contacted. If the pattern is a suspectedchrysotile, take a photograph of the diffrac-tion pattern at 0 degrees tilt. If the structureis suspected to be amphibole, the samplemay have to be tilted to obtain a simple geo-metric array of spots.

j. Energy Dispersive X-Ray Analysis(EDXA).

i. Required of all amphiboles which wouldcause the analysis results to exceed the 70 s/mm2 concentration. (Generally speaking, thefirst 4 amphiboles would require EDXA.)

ii. Can be used alone to confirm chrysotileafter the 70 s/mm2 concentration has been ex-ceeded.

iii. Can be used alone to confirm all non-asbestos.

iv. Compare spectrum profiles with profilesobtained from asbestos standards. The clos-est match identifies and categorizes thestructure.

v. If the EDXA is used for confirmation,record the properly labeled spectrum on acomputer disk, or if a hard copy, file withanalysis data.

vi. If the number of fibers in the non-asbestos class would cause the analysis toexceed the 70 s/mm2 concentration, theiridentities must be confirmed by EDXA ormeasurement of a zone axis diffraction pat-tern to establish that the particles are non-asbestos.

k. Stopping Rules.

i. If more than 50 asbestiform structuresare counted in a particular grid opening, theanalysis may be terminated.

ii. After having counted 50 asbestiformstructures in a minimum of 4 grid openings,the analysis may be terminated. The gridopening in which the 50th fiber was countedmust be completed.

iii. For blank samples, the analysis is al-ways continued until 10 grid openings havebeen analyzed.

iv. In all other samples the analysis shallbe continued until an analytical sensitivityof 0.005 s/cm3 is reached.

l. Recording Rules. The count sheet shouldcontain the following information:

i. Field (grid opening): List field number.

ii. Record ‘‘NSD’’ if no structures are de-tected.

iii. Structure information.




894


(1) If fibers, bundles, clusters, and/or mat-rices are found, list them in consecutive nu-merical order, starting over with each field.

(2) Length. Record length category of as-bestos fibers examined. Indicate if less than5 µm or greater than or equal to 5 µm.

(3) Structure Type. Positive identificationof asbestos fibers is required by the method.At least one diffraction pattern of each fibertype from every five samples must be re-corded and compared with a standard diffrac-tion pattern. For each asbestos fiber re-ported, both a morphological descriptor andan identification descriptor shall be specifiedon the count sheet.

(4) Fibers classified as chrysotile must be

identified by diffraction and/or X-ray anal-ysis and recorded on the count sheet. X-rayanalysis alone can be used as sole identifica-tion only after 70s/mm2 have been exceededfor a particular sample.

(5) Fibers classified as amphiboles must beidentified by X-ray analysis and electron dif-fraction and recorded on the count sheet. (X-ray analysis alone can be used as sole identi-fication only after 70s/mm2 have been exceed-ed for a particular sample.)

(6) If a diffraction pattern was recorded onfilm, the micrograph number must be indi-cated on the count sheet.

(7) If an electron diffraction was attemptedand an appropriate spectra is not observed, Nshould be recorded on the count sheet.

(8) If an X-ray analysis is attempted butnot 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 onthe count sheet.

m. Classification Rules.i. Fiber. A structure having a minimum

length greater than or equal to 0.5 µm and anaspect ratio (length to width) of 5:1 or great-er and substantially parallel sides. Note theappearance of the end of the fiber, i.e.,whether it is flat, rounded or dovetailed.

ii. Bundle. A structure composed of threeor more fibers in a parallel arrangementwith each fiber closer than one fiber diame-ter.

iii. Cluster. A structure with fibers in arandom arrangement such that all fibers areintermixed and no single fiber is isolated

from the group. Groupings must have morethan two intersections.

iv. Matrix. Fiber or fibers with one end freeand the other end embedded in or hidden bya particulate. The exposed fiber must meetthe fiber definition.

v. NSD. Record NSD when no structuresare detected in the field.

n. After all necessary analyses of a particlestructure have been completed, return thegoniometer stage to 0 degrees, and returnthe structure to its original location by re-call of the original location.

o. Continue scanning until all the struc-tures are identified, classified and sized in

the field.p. Select additional fields (grid openings)at low magnification; scan at a chosen mag-nification (15,000 to 20,000X screen magnifica-tion); and analyze until the stopping rule be-comes applicable.

q. Carefully record all data as they arebeing collected, and check for accuracy.

r. After finishing with a grid, remove itfrom the microscope, and replace it in theappropriate grid hold. Sample grids must bestored for a minimum of 1 year from the dateof the analysis; the sample cassette must beretained for a minimum of 30 days by thelaboratory or returned at the client’s re-quest.

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 outsidethe work site. The indoor and outdoor sam-ples shall be taken during the same time pe-riod.

3. Analyze the abatement area samples ac-cording to this protocol. The analysis mustmeet the 0.005 s/cm3 analytical sensitivity.

4. Remaining steps in the analytical se-quence are contained in Unit IV. of this Ap-pendix.

I. Reporting

The following information must be re-ported to the client. See the following TableII:




895


1. Concentration in structures per squaremillimeter and structures per cubic centi-meter.

2. Analytical sensitivity used for the anal-ysis.

3. Number of asbestos structures.4. Area analyzed.

5. Volume of air samples (which was ini-

tially 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.




896


9. Signature of laboratory official to indi-cate that the laboratory met specificationsof the AHERA method.

10. Report form must contain official lab-oratory identification (e.g., letterhead).

11. Type of asbestos.

J. Calibration Methodology

NOTE: Appropriate implementation of themethod requires a person knowledgeable inelectron diffraction and mineral identifica-tion by ED and EDXA. Those inexperiencedlaboratories wishing to develop capabilitiesmay acquire necessary knowledge throughanalysis of appropriate standards and by fol-lowing detailed methods as described in Ref-erences 8 and 10 of Unit III.L.

1. Equipment Calibration. In this method,calibration is required for the air-samplingequipment and the transmission electron mi-croscope (TEM).

a. TEM Magnification. The magnification atthe fluorescent screen of the TEM must becalibrated at the grid opening magnification(if used) and also at the magnification usedfor fiber counting. This is performed with across grating replica. A logbook must bemaintained, and the dates of calibration de-pend on the past history of the particularmicroscope; no frequency is specified. Afterany maintenance of the microscope that in-volved adjustment of the power supplied tothe lenses or the high-voltage system or themechanical disassembly of the electron opti-cal column apart from filament exchange,

the magnification must be recalibrated. Be-fore the TEM calibration is performed, theanalyst must ensure that the cross gratingreplica is placed at the same distance fromthe objective lens as the specimens are. Forinstruments that incorporate an eucentrictilting specimen stage, all speciments andthe cross grating replica must be placed atthe eucentric position.

b. Determination of the TEM magnifica-tion on the fluorescent screen.

i. Define a field of view on the fluorescentscreen either by markings or physical bound-aries. The field of view must be measurableor previously inscribed with a scale or con-centric circles (all scales should be metric).

ii. Insert a diffraction grating replica (forexample a grating containing 2,160 lines/mm)into the specimen holder and place into the

microscope. Orient the replica so that thegrating lines fall perpendicular to the scaleon the TEM fluorescent screen. Ensure thatthe goniometer stage tilt is 0 degrees.

iii. Adjust microscope magnification to10,000X or 20,000X. Measure the distance(mm) between two widely separated lines onthe grating replica. Note the number ofspaces between the lines. Take care to meas-ure between the same relative positions onthe lines (e.g., between left edges of lines).

NOTE: The more spaces included in themeasurement, the more accurate the final

calculation. On most microscopes, however,the magnification is substantially constantonly within the central 8–10 cm diameter re-gion of the fluorescent screen.

iv. Calculate the true magnification (M) onthe fluorescent screen:

M=XG/Y

where:

X=total distance (mm) between the des-ignated grating lines;

G=calibration constant of the grating replica(lines/mm):

Y=number of grating replica spaces countedalong X.

c. Calibration of the EDXA System. Ini-

tially, the EDXA system must be calibratedby using two reference elements to calibratethe energy scale of the instrument. Whenthis has been completed in accordance withthe manufacturer’s instructions, calibrationin terms of the different types of asbestoscan proceed. The EDXA detectors vary inboth solid angle of detection and in windowthickness. Therefore, at a particular accel-erating voltage in use on the TEM, the countrate obtained from specific dimensions offiber will vary both in absolute X-ray countrate and in the relative X-ray peak heightsfor different elements. Only a few mineralsare relevant for asbestos abatement work,and in this procedure the calibration is spec-ified in terms of a ‘‘fingerprint’’ technique.The EDXA spectra must be recorded from in-dividual fibers of the relevant minerals, and

identifications are made on the basis ofsemiquantitative comparisons with thesereference spectra.

d. Calibration of Grid Openings.i. Measure 20 grid openings on each of 20

random 200-mesh copper grids by placing agrid on a glass slide and examining it underthe PCM. Use a calibrated graticule to meas-ure the average field diameter and use thisnumber to calculate the field area for an av-erage grid opening. Grids are to be randomlyselected from batches up to 1,000.

NOTE: A grid opening is considered as onefield.

ii. The mean grid opening area must bemeasured for the type of specimen grids inuse. This can be accomplished on the TEM ata properly calibrated low magnification oron an optical microscope at a magnification

of approximately 400X by using an eyepiecefitted with a scale that has been calibratedagainst a stage micrometer. Optical micros-copy utilizing manual or automated proce-dures may be used providing instrument cali-bration can be verified.

e. Determination of Camera Constant andED Pattern Analysis.

i. The camera length of the TEM in ED op-erating mode must be calibrated before EDpatterns on unknown samples are observed.This can be achieved by using a carbon-coat-ed grid on which a thin film of gold has been




897


sputtered or evaporated. A thin film of goldis evaporated on the specimen TEM grid toobtain zone-axis ED patterns superimposedwith a ring pattern from the polycrystallinegold film.

ii. In practice, it is desirable to optimizethe thickness of the gold film so that onlyone or two sharp rings are obtained on thesuperimposed ED pattern. Thicker gold filmwould normally give multiple gold rings, butit will tend to mask weaker diffraction spotsfrom the unknown fibrous particulates.Since the unknown d-spacings of most inter-est in asbestos analysis are those which lieclosest to the transmitted beam, multiplegold rings are unnecessary on zone-axis ED

patterns. An average camera constant usingmultiple gold rings can be determined. Thecamera constant is one-half the diameter, D,of the rings times the interplanar spacing, d,of the ring being measured.

K. Quality Control/Quality AssuranceProcedures (Data Quality Indicators)

Monitoring the environment for airborneasbestos requires the use of sensitive sam-

pling and analysis procedures. Because the

test is sensitive, it may be influenced by a

variety of factors. These include the supplies

used in the sampling operation, the perform-

ance of the sampling, the preparation of the

grid from the filter and the actual examina-

tion of this grid in the microscope. Each of

these unit operations must produce a prod-

uct 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 oper-

ations are within acceptable limits. In this

way, the quality of the data is defined andthe results are of known value. These checks

and tests also provide timely and specific

warning of any problems which might de-

velop within the sampling and analysis oper-

ations. A description of these quality con-

trol/quality assurance procedures is summa-

rized in the following Table III:




898


1. When the samples arrive at the labora-

tory, check the samples and documentationfor completeness and requirements before

initiating the analysis.

2. Check all laboratory reagents and sup-

plies for acceptable asbestos background lev-

els.

3. Conduct all sample preparation in a

clean room environment monitored by lab-

oratory 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 aver-age of these results. If this average is greater

than 53 f/mm2 per 10 200-mesh grid openings,

check the system for possible sources of con-

tamination.

6. Check for recovery of asbestos from cel-

lulose ester filters submitted to plasma

asher.

7. Check for asbestos carryover in the plas-

ma asher by including a blank alongside the

positive control sample.




899


8. Perform a systems check on the trans-mission electron microscope daily.

9. Make periodic performance checks ofmagnification, electron diffraction and en-ergy dispersive X-ray systems as set forth inTable III of Unit III.K.

10. Ensure qualified operator performanceby evaluation of replicate counting, dupli-cate analysis, and standard sample compari-sons as set forth in Table III of Unit III.K.

11. Validate all data entries.12. Recalculate a percentage of all com-

putations and automatic data reductionsteps as specified in Table III.

13. Record an electron diffraction patternof one asbestos structure from every five

samples that contain asbestos. Verify theidentification of the pattern by measure-ment or comparison of the pattern with pat-terns collected from standards under thesame conditions.

The outline of quality control procedurespresented above is viewed as the minimumrequired to assure that quality data is pro-duced for clearance testing of an asbestosabated area. Additional information may begained by other control tests. Specifics onthose control procedures and options avail-able for environmental testing can be ob-tained by consulting References 6, 7, and 11of Unit III.L.

L. References

For additional background information on

this method the following references shouldbe consulted.1. ‘‘Guidelines for Controlling Asbestos-

Containing Materials in Buildings,’’ EPA 560/5–85–024, June 1985.

2. ‘‘Measuring Airborne Asbestos Followingan Abatement Action,’’ USEP/Office of Pol-lution Prevention and Toxics, EPA 600/4–85–049, 1985.

3. Small, John and E. Steel. AsbestosStandards: Materials and Analytical Meth-ods. 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 Sili-cate Minerals and Their Asbestiform Vari-eties. Information Circular 8751, U.S. Bureauof Mines, 1977.

5. Quality Assurance Handbook for Air Pol-lution Measurement System. Ambient AirMethods, EPA 600/4–77–027a, USEPA, Office ofResearch and Development, 1977.

6. Method 2A: Direct Measurement of GasVolume Through Pipes and Small Ducts. 40CFR Part 60 Appendix A.

7. Burdette, G.J. Health & Safety Exec.,Research & Lab. Services Div., London,‘‘Proposed Analytical Method for Determina-tion of Asbestos in Air.’’

8. Chatfield, E.J., Chatfield Tech. Cons.,Ltd., Clark, T., PEI Assoc. ‘‘Standard Oper-ating Procedure for Determination of Air-borne Asbestos Fibers by Transmission Elec-

tron Microscopy Using Polycarbonate Mem-brane 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. Gib-bons, IIT Research Institute, ‘‘Methodologyfor the Measurement of Airborne Asbestos byElectron Microscopy.’’ Draft report, USEPAContract 68–02–3266, July 1984.

11. Guidance to the Preparation of QualityAssurance Project Plans. USEPA, Office ofPollution 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 com-pleted by TEM when the abatement area hasbeen cleaned and the airborne asbestos con-centration inside the abatement area is nohigher than concentrations at locations out-side the abatement area. ‘‘Outside’’ meansoutside the abatement area, but not nec-essarily outside the building. EPA reasonsthat an asbestos removal contractor cannotbe expected to clean an abatement area to anairborne asbestos concentration that islower than the concentration of air enteringthe abatement area from outdoors or fromother parts of the building. After the abate-ment area has passed a thorough visual in-spection, and before the outer containment

barrier is removed, a minimum of five airsamples inside the abatement area and aminimum of five air samples outside theabatement area must be collected. Hence,the response action is determined to be com-pleted when the average airborne asbestosconcentration measured inside the abate-ment area is not statistically different fromthe average airborne asbestos concentrationmeasured outside the abatement area.

The inside and outside concentrations arecompared by the Z-test, a statistical testthat takes into account the variability inthe measurement process. A minimum offive samples inside the abatement area andfive samples outside the abatement area arerequired to control the false negative errorrate, i.e., the probability of declaring the re-moval complete when, in fact, the air con-

centration inside the abatement area is sig-nificantly higher than outside the abatementarea. Additional quality control is providedby requiring three blanks (filters throughwhich no air has been drawn) to be analyzedto check for unusually high filter contami-nation that would distort the test results.

When volumes greater than or equal to1,199 L for a 25 mm filter and 2,799 L for a 37mm filter have been collected and the aver-age number of asbestos structures on sam-ples inside the abatementareais nogreaterthan 70 s/mm2 of filter, the response action




900


may be considered complete without com-paring the inside samples to the outside sam-ples. EPA is permitting this initial screeningtest to save analysis costs in situationswhere the airborne asbestos concentration issufficiently low so that it cannot be distin-guished from the filter contamination/back-ground level (fibers deposited on the filterthat are unrelated to the air being sampled).The screening test cannot be used when vol-umes of less than 1,199 L for 25 mm filter or2,799 L for a 37 mm filter are collected be-cause the ability to distinguish levels sig-nificantly different from filter background isreduced at low volumes.

The initial screening test is expressed in

structures per square millimeter of filter be-cause filter background levels come fromsources other than the air being sampled andcannot be meaningfully expressed as a con-centration per cubic centimeter of air. Thevalue of 70 s/mm2 is based on the experienceof the panel of microscopists who considerone structure in 10 grid openings (each gridopening with an area of 0.0057 mm2) to becomparable with contamination/backgroundlevels of blank filters. The decision is based,in part, on Poisson statistics which indicatethat four structures must be counted on afilter before the fiber count is statisticallydistinguishable from the count for one struc-ture. As more information on the perform-ance of the method is collected, this cri-terion may be modified. Since different com-binations of the number and size of grid

openings are permitted under the TEM pro-tocol, the criterion is expressed in structuresper square millimeter of filter to be con-sistent across all combinations. Four struc-tures per 10 grid openings corresponds to ap-proximately 70 s/mm2.

B. Sample Collection and Analysis

1. A minimum of 13 samples is required:five samples collected inside the abatementarea, five samples collected outside theabatement area, two field blanks, and onesealed blank.

2. Sampling and TEM analysis must bedone according to either the mandatory ornonmandatory protocols in Appendix A. Atleast 0.057 mm2 of filter must be examined onblank filters.

C. Interpretation of Results

1. The response action shall be consideredcomplete if either:

a. Each sample collected inside the abate-ment area consists of at least 1,199 L of airfor a 25 mm filter, or 2,799 L of air for a 37mm filter, and the arithmetic mean of theirasbestos structure concentrations per squaremillimeter of filter is less than or equal to 70s/mm2; or

b. The three blank samples have an arith-metic mean of the asbestos structure con-

centration on the blank fil-tersthat isless thanor equal to 70 s/mm2 andthe average airborne asbestos concentrationmeasured inside the abatement area is notstatistically higher than the average air-borne asbestos concentration measured out-side the abatement area as determined bythe Z-test. The Z-test is carried out by calcu-lating

where YI is the average of the natural loga-rithms of the inside samples and YO is theaverage of the natural logarithms of the out-side samples, nI is the number of inside sam-ples and nO is the number of outside samples.The response action is considered complete ifZ is less than or equal to 1.65.

NOTE: When no fibers are counted, the cal-culated detection limit for that analysis isinserted for the concentration.

2. If the abatement site does not satisfy ei-ther (1) or (2) of this Section C, the site mustbe recleaned and a new set of samples col-lected.

D. Sequence for Analyzing Samples

It is possible to determine completion ofthe response action without analyzing all

samples. Also, at any point in the process, adecision may be made to terminate the anal-ysis of existing samples, reclean the abate-ment site, and collect a new set of samples.The following sequence is outlined to mini-mize the number of analyses needed to reacha decision.

1. Analyze the inside samples.

2. If at least 1,199 L of air for a 25 mm filteror 2,799 L of air for a 37 mm filter is collectedfor each inside sample and the arithmeticmean concentration of structures per squaremillimeter of filter is less than or equal to 70s/mm2, the response action is complete andno further analysis is needed.

3. If less than 1,199 L of air for a 25 mm fil-ter or 2,799 L of air for a 37 mm filter is col-lected for any of the inside samples, or thearithmetic mean concentration of structuresper square millimeteroffilteris greaterthan70 s/mm2, analyze the three blanks.

4. If the arithmetic mean concentration ofstructures per square millimeter on theblank filters is greater than 70 s/mm2, termi-nate the analysis, identify and correct thesource of blank contamination, and collect anew set of samples.

5. If the arithmetic mean concentration ofstructures per square millimeter on theblank filters is less than or equal to 70 s/mm2, analyze the outside samples and per-form the Z-test.




901

Environmental Protection Agency Pt. 763, Subpt. E, App. C

6. If the Z-statistic is less than or equal to1.65, the response action is complete. If theZ-statistic is greater than 1.65, reclean theabatement site and collect a new set of sam-ples.

[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 ACCREDITA-TION 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 Train-

ing Providers(G) Deaccreditation(H) Reciprocity(I) Electronic reporting

A. DefinitionsFor purposes of Appendix C:1. ‘‘Friable asbestos-containing material

(ACM)’’ means any material containing morethan one percent asbestos which has been ap-plied 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 handpressure. The term includes non-friable as-bestos-containing material after such pre-viously non-friable material becomes dam-aged to the extent that when dry it may becrumbled, pulverized, or reduced to powderby hand pressure.

2. ‘‘Friable asbestos-containing buildingmaterial (ACBM)’’ means any friable ACMthat is in or on interior structural membersor other parts of a school or public and com-mercial building.

3. ‘‘Inspection’’ means an activity under-taken in a school building, or a public andcommercial building, to determine the pres-ence or location, or to assess the conditionof, friable or non-friable asbestos-containingbuilding material (ACBM) or suspected

ACBM, whether by visual or physical exam-ination, or by collecting samples of such ma-terial. This term includes reinspections offriable and non-friable known or assumedACBM which has been previously identified.The term does not include the following:

a. Periodic surveillance of the type de-scribed in 40 CFR 763.92(b) solely for the pur-pose of recording or reporting a change inthe condition of known or assumed ACBM;

b. Inspections performed by employees oragents of Federal, State, or local govern-ment solely for the purpose of determining

compliance with applicable statutes or regu-lations; or

c. visual inspections of the type describedin 40 CFR 763.90(i) solely for the purpose ofdetermining completion of response actions.

4. ‘‘Major fiber release episode’’ means anyuncontrolled or unintentional disturbance ofACBM, resulting in a visible emission, whichinvolves the falling or dislodging of morethan 3 square or linear feet of friable ACBM.

5. ‘‘Minor fiber release episode’’ means anyuncontrolled or unintentional disturbance ofACBM, resulting in a visible emission, whichinvolves the falling or dislodging of 3 squareor linear feet or less of friable ACBM.

6. ‘‘Public and commercial building’’means the interior space of any buildingwhich is not a school building, except thatthe term does not include any residentialapartment building of fewer than 10 units ordetached single-family homes. The term in-cludes, but is not limited to: industrial andoffice buildings, residential apartment build-ings and condominiums of 10 or more dwell-ing units, government-owned buildings, col-leges, museums, airports, hospitals, church-es, preschools, stores, warehouses and fac-tories. Interior space includes exterior hall-ways connecting buildings, porticos, and me-chanical systems used to condition interiorspace.

7. ‘‘Response action’’ means a method, in-cluding removal, encapsulation, enclosure,repair, and operation and maintenance, thatprotects human health and the environmentfrom friable ACBM.

8. ‘‘Small-scale, short-duration activities(SSSD)’’ are tasks such as, but not limitedto:

a. Removal of asbestos-containing insula-tion on pipes.

b. Removal of small quantities of asbestos-containing insulation on beams or aboveceilings.

c. Replacement of an asbestos-containinggasket on a valve.

d. Installation or removal of a small sec-tion of drywall.

e. Installation of electrical conduitsthrough or proximate to asbestos-containingmaterials.

SSSD can be further defined by the fol-lowing considerations:

f. Removal of small quantities of ACM onlyif required in the performance of anothermaintenance activity not intended as asbes-tos abatement.

g. Removal of asbestos-containing thermalsystem insulation not to exceed amountsgreater than those which can be contained ina single glove bag.

h. Minor repairs to damaged thermal sys-tem insulation which do not require re-moval.

i. Repairs to a piece of asbestos-containingwallboard.




902

40 CFR Ch. I (7–1–11 Edition)Pt. 763, Subpt. E, App. C

j. Repairs, involving encapsulation, enclo-sure, or removal, to small amounts of friableACM only if required in the performance ofemergency or routine maintenance activityand not intended solely as asbestos abate-ment. Such work may not exceed amountsgreater than those which can be contained ina single prefabricated mini-enclosure. Suchan enclosure shall conform spatially and geo-metrically to the localized work area, inorder to perform its intended containmentfunction.

B. Initial Training

Training requirements for purposes of ac-creditation are specified both in terms of re-quired subjects of instruction and in terms oflength of training. Each initial trainingcourse has a prescribed curriculum and num-ber of days of training. One day of trainingequals 8 hours, including breaks and lunch.Course instruction must be provided by EPAor State-approved instructors. EPA or Stateinstructor approval shall be based upon a re-view of the instructor’s academic credentialsand/or field experience in asbestos abate-ment.

Beyond the initial training requirements,individual States may wish to consider re-quiring additional days of training for pur-poses of supplementing hands-on activitiesor for reviewing relevant state regulations.States also may wish to consider the relativemerits of a worker apprenticeship program.Further, they might consider more stringent

minimum qualification standards for the ap-proval of training instructors. EPA rec-ommends that the enrollment in any givencourse be limited to 25 students so that ade-quate opportunities exist for individualhands-on experience.

States have the option to provide initialtraining directly or approve other entities tooffer training. The following requirementsare for the initial training of persons re-quired to have accreditation under TSCATitle II.

Training requirements for each of the fiveaccredited disciplines are outlined below.Persons in each discipline perform a dif-ferent job function and distinct role. Inspec-tors identify and assess the condition ofACBM, or suspect ACBM. Management plan-ners use data gathered by inspectors to as-

sess the degree of hazard posed by ACBM inschools to determine the scope and timing ofappropriate response actions needed forschools. Project designers determine how as-bestos abatement work should be conducted.Lastly, workers and contractor/supervisorscarry out and oversee abatement work. Inaddition, a recommended training cur-riculum is also presented for a sixth dis-cipline, which is not federally-accredited,that of ‘‘Project Monitor.’’ Each accrediteddiscipline and training curriculum is sepa-rate and distinct from the others. A person

seeking accreditation in any of the five ac-

credited MAP disciplines cannot attend two

or more courses concurrently, but may at-tend such courses sequentially.

In several instances, initial training

courses for a specific discipline (e.g., work-

ers, inspectors) require hands-on training.For asbestos abatement contractor/super-

visors and workers, hands-on training should

include working with asbestos-substitutematerials, fitting and using respirators, use

of glovebags, donning protective clothing,

and constructing a decontamination unit aswell as other abatement work activities.

1. WORKERS

A person must be accredited as a worker tocarry out any of the following activities with

respect to friable ACBM in a school or public

and commercial building: (1) A response ac-tion other than a SSSD activity, (2) a main-

tenance activity that disturbs friable ACBM

other than a SSSD activity, or (3) a responseaction 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. The4–day worker training course shall include

lectures, demonstrations, at least 14 hours of

hands-on training, individual respirator fittesting, course review, and an examination.Hands-on training must permit workers tohave actual experience performing tasks as-sociated with asbestos abatement. A person

who is otherwise accredited as a contractor/supervisor may perform in the role of aworker without possessing separate accredi-tation as a worker.

Because of cultural diversity associatedwith the asbestos workforce, EPA rec-ommends that States adopt specific stand-ards for the approval of foreign languagecourses for abatement workers. EPA furtherrecommends the use of audio-visual mate-rials to complement lectures, where appro-priate.

The training course shall adequately ad-dress the following topics:

(a) Physical characteristics of asbestos. Iden-tification of asbestos, aerodynamic charac-teristics, typical uses, and physical appear-ance, and a summary of abatement controloptions.

(b) Potential health effects related to asbestos

exposure. The nature of asbestos-related dis-eases; routes of exposure; dose-response rela-tionships and the lack of a safe exposurelevel; the synergistic effect between ciga-rette smoking and asbestos exposure; the la-tency periods for asbestos-related diseases; adiscussion of the relationship of asbestos ex-posure to asbestosis, lung cancer, mesothe-lioma, and cancers of other organs.

(c) Employee personal protective equipment.

Classes and characteristics of respirator




903


types; limitations of respirators; proper se-

lection, inspection; donning, use, mainte-

nance, and storage procedures for res-

pirators; methods for field testing of the

facepiece-to-face seal (positive and negative-

pressure fit checks); qualitative and quan-

titative fit testing procedures; variability

between field and laboratory protection fac-

tors that alter respiratory fit (e.g., facial

hair); the components of a proper respiratory

protection program; selection and use of per-

sonal protective clothing; use, storage, and

handling of non-disposable clothing; and reg-

ulations covering personal protective equip-

ment.

(d) State-of-the-art work practices. Properwork practices for asbestos abatement ac-

tivities, including descriptions of proper con-

struction; maintenance of barriers and de-

contamination enclosure systems; posi-

tioning of warning signs; lock-out of elec-

trical and ventilation systems; proper work-

ing 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 ex-

posure situations; transport and disposal

procedures; and recommended and prohibited

work practices.

(e) Personal hygiene. Entry and exit proce-

dures 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 expo-

sure.

(f) Additional safety hazards. Hazards en-

countered 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 pul-

monary 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 per-

formed and the reasons for it.

(i) Relevant Federal, State, and local regu-

latory requirements, procedures, and standards.

With particular attention directed at rel-

evant 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 con-tractor/supervisor to supervise any of thefollowing activities with respect to friableACBM in a school or public and commercialbuilding: (1) A response action other than aSSSD activity, (2) a maintenance activitythat disturbs friable ACBM other than aSSSD activity, or (3) a response action for amajor fiber release episode. All persons seek-ing accreditation as asbestos abatement con-tractor/supervisors shall complete at least a5–day training course as outlined below. Thetraining course must include lectures, dem-onstrations, at least 14 hours of hands-on

training, individual respirator fit testing,course review, and a written examination.Hands-on training must permit supervisorsto have actual experience performing tasksassociated with asbestos abatement.

EPA recommends the use of audiovisualmaterials to complement lectures, where ap-propriate.

Asbestos abatement supervisors includethose persons who provide supervision anddirection to workers performing response ac-tions. Supervisors may include those individ-uals with the position title of foreman,working foreman, or leadman pursuant tocollective bargaining agreements. At leastone supervisor is required to be at the work-site at all times while response actions arebeing conducted. Asbestos workers musthave access to accredited supervisors

throughout the duration of the project.The contractor/supervisor training courseshall adequately address the following top-ics:

(a) The physical characteristics of asbestos

and asbestos-containing materials. Identifica-tion of asbestos, aerodynamic characteris-tics, typical uses, physical appearance, a re-view of hazard assessment considerations,and a summary of abatement control op-tions.


exposure. The nature of asbestos-related dis-eases; routes of exposure; dose-response rela-tionships and the lack of a safe exposurelevel; synergism between cigarette smokingand asbestos exposure; and latency period fordiseases.

(c) Employee personal protective equipment.

Classes and characteristics of respiratortypes; limitations of respirators; proper se-lection, inspection, donning, use, mainte-nance, and storage procedures for res-pirators; methods for field testing of thefacepiece-to-face seal (positive and negative-pressure fit checks); qualitative and quan-titative fit testing procedures; variabilitybetween field and laboratory protection fac-tors that alter respiratory fit (e.g., facialhair); the components of a proper respiratoryprotection program; selection and use of per-sonal protective clothing; and use, storage,




904


and handling of non-disposable clothing; andregulations covering personal protectiveequipment.

(d) State-of-the-art work practices. Properwork practices for asbestos abatement ac-tivities, including descriptions of proper con-struction and maintenance of barriers anddecontamination enclosure systems; posi-tioning of warning signs; lock-out of elec-trical and ventilation systems; proper work-ing techniques for minimizing fiber release;use of wet methods; use of negative pressureexhaust ventilation equipment; use of HEPAvacuums; and proper clean-up and disposalprocedures. Work practices for removal, en-capsulation, enclosure, and repair of ACM;emergency procedures for unplanned re-leases; potential exposure situations; trans-port and disposal procedures; and rec-ommended and prohibited work practices.New abatement-related techniques andmethodologies may be discussed.

(e) Personal hygiene. Entry and exit proce-dures for the work area; use of showers; andavoidance of eating, drinking, smoking, andchewing (gum or tobacco) in the work area.Potential exposures, such as family expo-sure, shall also be included.

(f) Additional safety hazards. Hazards en-countered during abatement activities andhow to deal with them, including electricalhazards, heat stress, air contaminants otherthan asbestos, fire and explosion hazards,scaffold and ladder hazards, slips, trips, andfalls, and confined spaces.

(g) Medical monitoring. OSHA and EPAWorker Protection Rule requirements forphysical examinations, including a pul-monary function test, chest X-rays and amedical history for each employee.

(h) Air monitoring. Procedures to determineairborne concentrations of asbestos fibers,including descriptions of aggressive air sam-pling, sampling equipment and methods, rea-sons for air monitoring, types of samples andinterpretation of results.

EPA recommends that transmission elec-tron microscopy (TEM) be used for analysisof final air clearance samples, and that sam-ple analyses be performed by laboratories ac-credited by the National Institute of Stand-ards and Technology’s (NIST) National Vol-untary Laboratory Accreditation Program(NVLAP).

(i) Relevant Federal, State, and local regu-

latory requirements, procedures, and standards,

including:

(i) Requirements of TSCA Title II.

(ii) National Emission Standards for Haz-ardous Air Pollutants (40 CFR part 61), Sub-parts A (General Provisions) and M (NationalEmission Standard for Asbestos).

(iii) OSHA standards for permissible expo-sure to airborne concentrations of asbestosfibers and respiratory protection (29 CFR1910.134).

(iv) OSHA Asbestos Construction Standard(29 CFR 1926.58). (v)EPA Worker ProtectionRule, (40 CFR part 763, Subpart G).

(j) Respiratory Protection Programs and Med-

ical Monitoring Programs.

(k) Insurance and liability issues. Contractorissues; worker’s compensation coverage andexclusions; third-party liabilities and de-fenses; insurance coverage and exclusions.

(l) Recordkeeping for asbestos abatement

projects. Records required by Federal, State,and local regulations; records recommendedfor legal and insurance purposes.

(m) Supervisory techniques for asbestos abate-

ment activities. Supervisory practices to en-

force and reinforce the required work prac-tices and discourage unsafe work practices.

(n) Contract specifications. Discussions ofkey elements that are included in contractspecifications.

(o) Course review. A review of key aspectsof the training course.

3. INSPECTOR

All persons who inspect for ACBM inschools or public and commercial buildingsmust be accredited. All persons seeking ac-creditation as an inspector shall complete atleast a 3–day training course as outlinedbelow. The course shall include lectures,demonstrations, 4 hours of hands-on train-ing, individual respirator fit-testing, coursereview, and a written examination.

EPA recommends the use of audiovisual

materials to complement lectures, where ap-propriate. Hands-on training should includeconducting a simulated building walk-through inspection and respirator fit testing.The inspector training course shall ade-quately address the following topics:

(a) Background information on asbestos.

Identification of asbestos, and examples anddiscussion of the uses and locations of asbes-tos in buildings; physical appearance of as-bestos.


exposure. The nature of asbestos-related dis-eases; routes of exposure; dose-response rela-tionships and the lack of a safe exposurelevel; the synergistic effect between ciga-rette smoking and asbestos exposure; the la-tency periods for asbestos-related diseases; adiscussion of the relationship of asbestos ex-posure to asbestosis, lung cancer, mesothe-lioma, and cancers of other organs.

(c) Functions/qualifications and role of in-

spectors. Discussions of prior experience andqualifications for inspectors and manage-ment planners; discussions of the functionsof an accredited inspector as compared tothose of an accredited management planner;discussion of inspection process including in-ventory of ACM and physical assessment.

(d) Legal liabilities and defenses. Respon-sibilities of the inspector and management




905


planner; a discussion of comprehensive gen-eral liability policies, claims-made, and oc-currence policies, environmental and pollu-tion liability policy clauses; state liabilityinsurance requirements; bonding and the re-lationship of insurance availability to bondavailability.

(e) Understanding building systems. Theinterrelationship between building systems,including: an overview of common buildingphysical plan layout; heat, ventilation, andair conditioning (HVAC) system types, phys-ical organization, and where asbestos isfound on HVAC components; building me-chanical systems, their types and organiza-tion, and where to look for asbestos on such

systems; inspecting electrical systems, in-cluding appropriate safety precautions; read-ing blueprints and as-built drawings.

(f) Public/employee/building occupant rela-

tions. Notifying employee organizationsabout the inspection; signs to warn buildingoccupants; tact in dealing with occupantsand the press; scheduling of inspections tominimize disruptions; and education ofbuilding occupants about actions beingtaken.

(g) Pre-inspection planning and review of pre-

vious inspection records. Scheduling the in-spection and obtaining access; buildingrecord review; identification of probable ho-mogeneous areas from blueprints or as-builtdrawings; consultation with maintenance orbuilding personnel; review of previous in-spection, sampling, and abatement records of

a building; the role of the inspector in exclu-sions for previously performed inspections.

(h) Inspecting for friable and non-friable

ACM and assessing the condition of friable

ACM. Procedures to follow in conducting vis-ual inspections for friable and non-friableACM; types of building materials that maycontain asbestos; touching materials to de-termine friability; open return air plenumsand their importance in HVAC systems; as-sessing damage, significant damage, poten-tial damage, and potential significant dam-age; amount of suspected ACM, both in totalquantity and as a percentage of the totalarea; type of damage; accessibility; mate-rial’s potential for disturbance; known orsuspected causes of damage or significantdamage; and deterioration as assessment fac-tors.

(i) Bulk sampling/documentation of asbestos.

Detailed discussion of the ‘‘Simplified Sam-pling Scheme for Friable Surfacing Mate-rials (EPA 560/5-85-030a October 1985)’’; tech-niques to ensure sampling in a randomly dis-tributed manner for other than friable sur-facing materials; sampling of non-friable ma-terials; techniques for bulk sampling; inspec-tor’s sampling and repair equipment;patching or repair of damage from sampling;discussion of polarized light microscopy;choosing an accredited laboratory to analyzebulk samples; quality control and quality as-

surance procedures. EPA’s recommendationthat all bulk samples collected from schoolor public and commercial buildings be ana-lyzed by a laboratory accredited under theNVLAP administered by NIST.

(j) Inspector respiratory protection and per-

sonal protective equipment. Classes and char-acteristics of respirator types; limitations ofrespirators; proper selection, inspection;donning, use, maintenance, and storage pro-cedures for respirators; methods for fieldtesting of the facepiece-to-face seal (positiveand negative-pressure fit checks); quali-tative and quantitative fit testing proce-dures; variability between field and labora-tory protection factors that alter respiratory

fit (e.g., facial hair); the components of aproper respiratory protection program; se-lection and use of personal protective cloth-ing; use, storage, and handling of non-dispos-able clothing.

(k) Recordkeeping and writing the inspection

report. Labeling of samples and keying sam-ple identification to sampling location; rec-ommendations on sample labeling; detailingof ACM inventory; photographs of selectedsampling areas and examples of ACM condi-tion; information required for inclusion inthe management plan required for schoolbuildings under TSCA Title II, section 203(i)(1). EPA recommends that States developand require the use of standardized forms forrecording the results of inspections inschools or public or commercial buildings,and that the use of these forms be incor-

porated into the curriculum of training con-ducted for accreditation.

(l) Regulatory review. The following topicsshould be covered: National Emission Stand-ards for Hazardous Air Pollutants (NESHAP;40 CFR part 61, Subparts A and M); EPAWorker Protection Rule (40 CFR part 763,Subpart G); OSHA Asbestos ConstructionStandard (29 CFR 1926.58); OSHA respiratorrequirements (29 CFR 1910.134); the Asbestos-Containing Materials in School Rule (40 CFRpart 763, Subpart E; applicable State andlocal regulations, and differences betweenFederal and State requirements where theyapply, and the effects, if any, on public andnonpublic schools or commercial or publicbuildings.

(m) Field trip. This includes a field exer-cise, including a walk-through inspection;on-site discussion about information gath-ering and the determination of sampling lo-cations; on-site practice in physical assess-ment; classroom discussion of field exercise.

(n) Course review. A review of key aspectsof the training course.

4. MANAGEMENT PLANNER

All persons who prepare management plansfor schools must be accredited. All personsseeking accreditation as management plan-ners shall complete a 3–day inspector train-ing course as outlined above and a 2–day




906


management planner training course. Pos-session of current and valid inspector accred-itation shall be a prerequisite for admissionto the management planner training course.The management planner course shall in-clude lectures, demonstrations, course re-view, and a written examination.


TSCA Title II does not require accredita-tion for persons performing the managementplanner role in public and commercial build-ings. Nevertheless, such persons may findthis training and accreditation helpful inpreparing them to design or administer as-

bestos operations and maintenance programsfor public and commercial buildings.

The management planner training courseshall adequately address the following top-ics:

(a) Course overview. The role and respon-sibilities of the management planner; oper-ations and maintenance programs; settingwork priorities; protection of building occu-pants.

(b) Evaluation/interpretation of survey re-

sults. Review of TSCA Title II requirementsfor inspection and management plans forschool buildings as given in section 203(i)(1)of TSCA Title II; interpretation of field dataand laboratory results; comparison of fieldinspector’s data sheet with laboratory re-sults and site survey.

(c) Hazard assessment. Amplification of the

difference between physical assessment andhazard assessment; the role of the manage-ment planner in hazard assessment; expla-nation of significant damage, damage, poten-tial damage, and potential significant dam-age; use of a description (or decision tree)code for assessment of ACM; assessment offriable ACM; relationship of accessibility, vi-bration sources, use of adjoining space, andair plenums and other factors to hazard as-sessment.

(d) Legal implications. Liability; insuranceissues specific to planners; liabilities associ-ated with interim control measures, in-housemaintenance, repair, and removal; use of re-sults from previously performed inspections.

(e) Evaluation and selection of control op-

tions. Overview of encapsulation, enclosure,interim operations and maintenance, and re-

moval; advantages and disadvantages of eachmethod; response actions described via a de-cision tree or other appropriate method;work practices for each response action;staging and prioritizing of work in both va-cant and occupied buildings; the need forcontainment barriers and decontaminationin response actions.

(f) Role of other professionals. Use of indus-trial hygienists, engineers, and architects indeveloping technical specifications for re-sponse actions; any requirements that mayexist for architect sign-off of plans; team ap-

proach to design of high-quality job speci-fications.

(g) Developing an operations and mainte-

nance (O&M) plan. Purpose of the plan; dis-cussion of applicable EPA guidance docu-ments; what actions should be taken by cus-todial staff; proper cleaning procedures;steam cleaning and HEPA vacuuming; reduc-ing disturbance of ACM; scheduling O&M foroff-hours; rescheduling or canceling renova-tion in areas with ACM; boiler room mainte-nance; disposal of ACM; in-house proceduresfor ACM—bridging and penetratingencapsulants; pipe fittings; metal sleeves;polyvinyl chloride (PVC), canvas, and wetwraps; muslin with straps, fiber mesh cloth;

mineral wool, and insulating cement; discus-sion of employee protection programs andstaff training; case study in developing anO&M plan (development, implementationprocess, and problems that have been experi-enced).

(h) Regulatory review. Focusing on theOSHA Asbestos Construction Standard foundat 29 CFR 1926.58; the National EmissionStandard for Hazardous Air Pollutants(NESHAP) found at 40 CFR part 61, SubpartsA (General Provisions) and M (NationalEmission Standard for Asbestos); EPA Work-er Protection Rule found at 40 CFR part 763,Subpart G; TSCA Title II; applicable Stateregulations.

(i) Recordkeeping for the management plan-

ner. Use of field inspector’s data sheet alongwith laboratory results; on-going record-

keeping as a means to track asbestos dis-turbance; procedures for recordkeeping. EPArecommends that States require the use ofstandardized forms for purposes of manage-ment plans and incorporate the use of suchforms into the initial training course formanagement planners.

(j) Assembling and submitting the manage-

ment plan. Plan requirements for schools inTSCA Title II section 203(i)(1); the manage-ment plan as a planning tool.

(k) Financing abatement actions. Economicanalysis and cost estimates; development ofcost estimates; present costs of abatementversus future operation and maintenancecosts; Asbestos School Hazard AbatementAct grants and loans.

(l) Course review. A review of key aspects ofthe training course.

5. PROJECT DESIGNER

A person must be accredited as a projectdesigner to design any of the following ac-tivities with respect to friable ACBM in aschool or public and commercial building: (1)A response action other than a SSSD main-tenance activity, (2) a maintenance activitythat disturbs friable ACBM other than aSSSD maintenance activity, or (3) a responseaction for a major fiber release episode. Allpersons seeking accreditation as a projectdesigner shall complete at least a minimum




907


3–day training course as outlined below. Theproject designer course shall include lec-tures, demonstrations, a field trip, course re-view and a written examination.


The abatement project designer trainingcourse shall adequately address the followingtopics:

(a) Background information on asbestos.

Identification of asbestos; examples and dis-cussion of the uses and locations of asbestosin buildings; physical appearance of asbestos.


exposure. Nature of asbestos-related diseases;

routes of exposure; dose-response relation-ships and the lack of a safe exposure level;the synergistic effect between cigarettesmoking and asbestos exposure; the latencyperiod of asbestos-related diseases; a discus-sion of the relationship between asbestos ex-posure and asbestosis, lung cancer, mesothe-lioma, and cancers of other organs.

(c) Overview of abatement construction

projects. Abatement as a portion of a renova-tion project; OSHA requirements for notifi-cation of other contractors on a multi-em-ployer site (29 CFR 1926.58).

(d) Safety system design specifications. De-sign, construction, and maintenance of con-tainment barriers and decontamination en-closure systems; positioning of warningsigns; electrical and ventilation system lock-out; proper working techniques for mini-

mizing fiber release; entry and exit proce-dures for the work area; use of wet methods;proper techniques for initial cleaning; use ofnegative-pressure exhaust ventilation equip-ment; use of HEPA vacuums; proper clean-upand disposal of asbestos; work practices asthey apply to encapsulation, enclosure, andrepair; use of glove bags and a demonstrationof glove bag use.

(e) Field trip. A visit to an abatement siteor other suitable building site, including on-site discussions of abatement design andbuilding walk-through inspection. Includediscussion of rationale for the concept offunctional spaces during the walk-through.

(f) Employee personal protective equipment.

Classes and characteristics of respiratortypes; limitations of respirators; proper se-lection, inspection; donning, use, mainte-

nance, and storage procedures for res-pirators; methods for field testing of thefacepiece-to-face seal (positive and negative-pressure fit checks); qualitative and quan-titative fit testing procedures; variabilitybetween field and laboratory protection fac-tors that alter respiratory fit (e.g., facialhair); the components of a proper respiratoryprotection program; selection and use of per-sonal protective clothing; use, storage, andhandling of non-disposable clothing.

(g) Additional safety hazards. Hazards en-countered 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. Aero-

dynamic characteristics of asbestos fibers;

importance of proper containment barriers;

settling time for asbestos fibers; wet meth-ods in abatement; aggressive air monitoring

following abatement; aggressive air move-

ment and negative-pressure exhaust ventila-tion as a clean-up method.

(i) Designing abatement solutions. Discus-

sions of removal, enclosure, and encapsula-

tion methods; asbestos waste disposal.

(j) Final clearance process. Discussion of the

need for a written sampling rationale for ag-gressive final air clearance; requirements ofa complete visual inspection; and the rela-tionship of the visual inspection to final airclearance.

EPA recommends the use of TEM for anal-ysis of final air clearance samples. Thesesamples should be analyzed by laboratoriesaccredited under the NIST NVLAP.

(k) Budgeting/cost estimating. Developmentof cost estimates; present costs of abatementversus future operation and maintenancecosts; setting priorities for abatement jobsto reduce costs.

(l) Writing abatement specifications. Prepara-tion of and need for a written project design;means and methods specifications versusperformance specifications; design of abate-ment in occupied buildings; modification of

guide specifications for a particular building;worker and building occupant health/medicalconsiderations; replacement of ACM withnon-asbestos substitutes.

(m) Preparing abatement drawings. Signifi-cance and need for drawings, use of as-builtdrawings as base drawings; use of inspectionphotographs and on-site reports; methods ofpreparing abatement drawings; diagrammingcontainment barriers; relationship of draw-ings to design specifications; particularproblems related to abatement drawings.

(n) Contract preparation and administration.

(o) Legal/liabilities/defenses. Insurance con-siderations; bonding; hold-harmless clauses;use of abatement contractor’s liability insur-ance; claims made versus occurrence poli-cies.

(p) Replacement. Replacement of asbestos

with asbestos-free substitutes.

(q) Role of other consultants. Developmentof technical specification sections by indus-trial hygienists or engineers; the multi-dis-ciplinary team approach to abatement de-sign.

(r) Occupied buildings. Special design proce-dures required in occupied buildings; edu-cation of occupants; extra monitoring rec-ommendations; staging of work to minimizeoccupant exposure; scheduling of renovationto minimize exposure.




908


(s) Relevant Federal, State, and local regu-

latory requirements, procedures and standards,

including, but not limited to:

(i) Requirements of TSCA Title II.(ii) National Emission Standards for Haz-

ardous Air Pollutants, (40 CFR part 61) sub-parts A (General Provisions) and M (NationalEmission Standard for Asbestos).

(iii) OSHA Respirator Standard found at 29CFR 1910.134.

(iv) EPA Worker Protection Rule found at40 CFR part 763, subpart G.

(v) OSHA Asbestos Construction Standardfound at 29 CFR 1926.58.

(vi) OSHA Hazard Communication Stand-ard found at 29 CFR 1926.59.

(t) Course review. A review of key aspects ofthe training course.

6. PROJECT MONITOR

EPA recommends that States adopt train-ing and accreditation requirements for per-sons seeking to perform work as projectmonitors. Project monitors observe abate-ment activities performed by contractorsand generally serve as a building owner’srepresentative to ensure that abatementwork is completed according to specificationand in compliance with all relevant statutesand regulations. They may also perform thevital role of air monitoring for purposes ofdetermining final clearance. EPA rec-ommends that a State seeking to accredit in-dividuals as project monitors consider adopt-ing a minimum 5–day training course cov-

ering the topics outlined below. The courseoutlined below consists of lectures and dem-onstrations, at least 6 hours of hands-ontraining, course review, and a written exam-ination. The hands-on training componentmight be satisfied by having the studentsimulate participation in or performance ofany of the relevant job functions or activi-ties (or by incorporation of the workshopcomponent described in item ‘‘n’’ below ofthis unit).

EPA recommends that the project monitortraining course adequately address the fol-lowing topics:

(a) Roles and responsibilities of the project

monitor. Definition and responsibilities of theproject monitor, including regulatory/speci-fication compliance monitoring, air moni-toring, conducting visual inspections, and

final clearance monitoring.(b) Characteristics of asbestos and asbestos-

containing materials. Typical uses of asbestos;physical appearance of asbestos; review ofasbestos abatement and control techniques;presentation of the health effects of asbestosexposure, including routes of exposure, dose-response relationships, and latency periodsfor asbestos-related diseases.

(c) Federal asbestos regulations. Overview ofpertinent 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 part763, subpart G. Overview of pertinent OSHAregulations, including: Construction Indus-try Standard for Asbestos, 29 CFR 1926.58;Respirator Standard, 29 CFR 1910.134; and theHazard Communication Standard, 29 CFR1926.59. Applicable State and local asbestosregulations; regulatory interrelationships.

(d) Understanding building construction and

building systems. Building construction ba-sics, building physical plan layout; under-standing building systems (HVAC, electrical,etc.); layout and organization, where asbes-tos is likely to be found on building systems;renovations and the effect of asbestos abate-ment on building systems.

(e) Asbestos abatement contracts, specifica-tions, and drawings. Basic provisions of thecontract; relationships between principleparties, establishing chain of command;types of specifications, including means andmethods, performance, and proprietary andnonproprietary; reading and interpretingrecords and abatement drawings; discussionof change orders; common enforcement re-sponsibilities and authority of project mon-itor.

(f) Response actions and abatement practices.

Pre-work inspections; pre-work consider-ations, precleaning of the work area, re-moval of furniture, fixtures, and equipment;shutdown/modification of building systems;construction and maintenance of contain-ment barriers, proper demarcation of workareas; work area entry/exit, hygiene prac-

tices; determining the effectiveness of air fil-tration equipment; techniques for mini-mizing fiber release, wet methods, contin-uous cleaning; abatement methods otherthan removal; abatement area clean-up pro-cedures; waste transport and disposal proce-dures; contingency planning for emergencyresponse.

(g) Asbestos abatement equipment. Typicalequipment found on an abatement project;air filtration devices, vacuum systems, nega-tive pressure differential monitoring; HEPAfiltration units, theory of filtration, design/construction of HEPA filtration units, quali-tative and quantitative performance ofHEPA filtration units, sizing the ventilationrequirements, location of HEPA filtrationunits, qualitative and quantitative tests ofcontainment barrier integrity; best available

technology.(h) Personal protective equipment. Proper se-lection of respiratory protection; classes andcharacteristics of respirator types, limita-tions of respirators; proper use of other safe-ty equipment, protective clothing selection,use, and proper handling, hard/bump hats,safety shoes; breathing air systems, highpressure v. low pressure, testing for Grade Dair, determining proper backup air volumes.

(i) Air monitoring strategies. Samplingequipment, sampling pumps (low v. high vol-ume), flow regulating devices (critical and




909


limiting orifices), use of fibrous aerosol mon-itors on abatement projects; samplingmedia, types of filters, types of cassettes, fil-ter orientation, storage and shipment of fil-ters; calibration techniques, primary cali-bration standards, secondary calibrationstandards, temperature/pressure effects, fre-quency of calibration, recordkeeping andfield work documentation, calculations; airsample analysis, techniques available andlimitations of AHERA on their use, trans-mission electron microscopy (background tosample preparation and analysis, air sampleconditions which prohibit analysis, EPA’srecommended technique for analysis of finalair clearance samples), phase contrast mi-croscopy (background to sample preparation,and AHERA’s limits on the use of phase con-trast microscopy), what each techniquemeasures; analytical methodologies, AHERATEM protocol, NIOSH 7400, OSHA referencemethod (non clearance), EPA recommenda-tion for clearance (TEM); sampling strate-gies for clearance monitoring, types of airsamples (personal breathing zone v. fixed-station area) sampling location and objec-tives (pre-abatement, during abatement, andclearance monitoring), number of samples tobe collected, minimum and maximum airvolumes, clearance monitoring (post-visual-inspection) (number of samples required, se-lection of sampling locations, period of sam-pling, aggressive sampling, interpretationsof sampling results, calculations), qualityassurance; special sampling problems, crawl

spaces, acceptable samples for laboratoryanalysis, sampling in occupied buildings(barrier monitoring).

(j) Safety and health issues other than asbes-

tos. Confined-space entry, electrical hazards,fire and explosion concerns, ladders and scaf-folding, heat stress, air contaminants otherthan asbestos, fall hazards, hazardous mate-rials on abatement projects.

(k) Conducting visual inspections. Inspec-tions during abatement, visual inspectionsusing the ASTM E1368 document; conductinginspections for completeness of removal; dis-cussion of ‘‘how clean is clean?’’

(l) Legal responsibilities and liabilities of

project monitors. Specification enforcementcapabilities; regulatory enforcement; licens-ing; powers delegated to project monitorsthrough contract documents.

(m) Recordkeeping and report writing. Devel-oping project logs/daily logs (what should beincluded, who sees them); final report prepa-ration; recordkeeping under Federal regula-tions.

(n) Workshops (6 hours spread over 3 days).

Contracts, specifications, and drawings: Thisworkshop could consist of each participantbeing issued a set of contracts, specifica-tions, and drawings and then being asked toanswer questions and make recommenda-tions to a project architect, engineer or to

the building owner based on given conditions

and these documents.

Air monitoring strategies/asbestos abate-

ment equipment: This workshop could con-

sist of simulated abatement sites for which

sampling strategies would have to be devel-

oped (i.e., occupied buildings, industrial situ-

ations). Through demonstrations and exhi-

bition, the project monitor may also be able

to gain a better understanding of the func-

tion of various pieces of equipment used on

abatement projects (air filtration units,

water filtration units, negative pressure

monitoring devices, sampling pump calibra-

tion devices, etc.).

Conducting visual inspections: This work-shop 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 stimu-

late a person’s recall of the area. This work-

shop could consist of a series of two or three

videos with different site conditions and dif-

ferent 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 exam-

ination 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 dis-

cipline 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 examina-

tions, have providers of training courses de-

velop examinations, or use standardized ex-

aminations developed for purposes of accred-

itation under TSCA Title II. In addition,

States may supplement standardized exami-

nations with questions about State regula-

tions. States may obtain commercially de-

veloped standardized examinations, develop

standardized examinations independently, ordo 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-vali-

dated testing instruments, which may be

beneficial in terms of both promoting com-

petency and in fostering accreditation reci-

procity between States.

Each examination shall adequately cover

the topics included in the training course for

that discipline. Each person who completes a




910


training course, passes the required exam-ination, and fulfills whatever other require-ments the State imposes must receive an ac-creditation certificate in a specific dis-cipline. Whether a State directly issues ac-creditation certificates, or authorizes train-ing providers to issue accreditation certifi-cates, each certificate issued to an accred-ited person must contain the following min-imum information:

a. A unique certificate number

b. Name of accredited person

c. Discipline of the training course com-pleted.

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 successfullycompleted the course and examination.

g. The name, address, and telephone num-ber of the training provider that issued thecertificate.

h. A statement that the person receivingthe certificate has completed the requisitetraining for asbestos accreditation underTSCA Title II.

States or training providers who reaccreditpersons based upon completion of requiredrefresher training must also provide accredi-tation certificates with all of the above in-formation, except the examination date maybe omitted if a State does not require a re-fresher examination for reaccreditation.

Where a State licenses accredited persons

but has authorized training providers toissue accreditation certificates, the Statemay issue licenses in the form of photo-iden-tification cards. Where this applies, EPA rec-ommends that the State licenses should in-clude all of the same information requiredfor the accreditation certificates. A Statemay also choose to issue photo-identifica-tion cards in addition to the required accred-itation certificates.

Accredited persons must have their initialand current accreditation certificates at thelocation where they are conducting work.

2. The following are the requirements forexamination in each discipline:

a. Worker:

i. 50 multiple-choice questions

ii. Passing score: 70 percent correct

b. Contractor/Supervisor:i. 100 multiple-choice questions


c. Inspector:

i. 50 Multiple-choice questions


d. Management Planner:

i. 50 Multiple-choice questions


e. Project Designer:

i. 100 multiple-choice questions


D. Continuing Education

For all disciplines, a State’s accreditationprogram shall include annual refresher train-ing as a requirement for reaccreditation asindicated below:

1. Workers: One full day of refresher train-ing.

2. Contractor/Supervisors: One full day ofrefresher training.

3. Inspectors: One half-day of refreshertraining.

4. Management Planners: One half-day ofinspector refresher training and one half-dayof refresher training for management plan-ners.

5. Project Designers: One full day of re-fresher training.

The refresher courses shall be specific toeach discipline. Refresher courses shall beconducted as separate and distinct coursesand not combined with any other trainingduring the period of the refresher course. Foreach discipline, the refresher course shall re-view and discuss changes in Federal, State,and local regulations, developments in state-of-the-art procedures, and a review of key as-pects of the initial training course as deter-mined by the State. After completing the an-nual refresher course, persons shall havetheir accreditation extended for an addi-tional year from the date of the refreshercourse. A State may consider requiring per-sons to pass reaccreditation examinations atspecific intervals (for example, every 3

years).EPA recommends that States formally es-

tablish a 12-month grace period to enableformerly accredited persons with expiredcertificates to complete refresher trainingand have their accreditation status rein-stated without having to re-take the initialtraining course.

E. Qualifications

In addition to requiring training and an ex-amination, a State may require candidatesfor accreditation to meet other qualificationand/or experience standards that the Stateconsiders appropriate for some or all dis-ciplines. States may choose to consider re-quiring qualifications similar to the exam-ples outlined below for inspectors, manage-ment planners and project designers. Statesmay modify these examples as appropriate.In addition, States may want to includesome requirements based on experience inperforming a task directly as a part of a jobor in an apprenticeship role. They may alsowish to consider additional criteria for theapproval of training course instructors be-yond those prescribed by EPA.

1. Inspectors: Qualifications - possess ahigh school diploma. States may want to re-quire an Associate’s Degree in specific fields(e.g., environmental or physical sciences).




911


2. Management Planners: Qualifications -Registered architect, engineer, or certifiedindustrial hygienist or related scientificfield.

3. Project Designers: Qualifications - reg-istered architect, engineer, or certified in-dustrial hygienist.

4. Asbestos Training Course Instructor:Qualifications - academic credentials and/orfield experience in asbestos abatement.

EPA recommends that States prescribeminimum qualification standards for train-ing instructors employed by training pro-viders.

F. Recordkeeping Requirements for Training

Providers

All approved providers of accredited asbes-tos training courses must comply with thefollowing minimum recordkeeping require-ments.

1. Training course materials. A trainingprovider must retain copies of all instruc-tional materials used in the delivery of theclassroom training such as student manuals,instructor notebooks and handouts.

2. Instructor qualifications. A training pro-vider must retain copies of all instructors’resumes, and the documents approving eachinstructor issued by either EPA or a State.Instructors must be approved by either EPAor a State before teaching courses for accred-itation purposes. A training provider mustnotify EPA or the State, as appropriate, in

advance whenever it changes course instruc-tors. Records must accurately identify theinstructors that taught each particularcourse for each date that a course is offered.

3. Examinations. A training provider mustdocument that each person who receives anaccreditation certificate for an initial train-ing course has achieved a passing score onthe examination. These records must clearlyindicate the date upon which the exam wasadministered, the training course and dis-cipline for which the exam was given, thename of the person who proctored the exam,a copy of the exam, and the name and testscore of each person taking the exam. Thetopic and dates of the training course mustcorrespond to those listed on that person’saccreditation certificate. States may chooseto apply these same requirements to exami-nations for refresher training courses.

4. Accreditation certificates. The trainingproviders or States, whichever issues the ac-creditation certificate, shall maintainrecords that document the names of all per-sons who have been awarded certificates,their certificate numbers, the disciplines forwhich accreditation was conferred, trainingand expiration dates, and the training loca-tion. The training provider or State shallmaintain the records in a manner that al-lows verification by telephone of the re-quired information.

5. Verification of certificate information.EPA recommends that training providers ofrefresher training courses confirm that theirstudents possess valid accreditation beforegranting course admission. EPA further rec-ommends that training providers offeringthe initial management planner trainingcourse verify that students have met the pre-requisite of possessing valid inspector ac-creditation at the time of course admission.

6. Records retention and access. (a) Thetraining provider shall maintain all requiredrecords for a minimum of 3 years. The train-ing provider, however, may find it advan-tageous to retain these records for a longerperiod of time.

(b) The training provider must allow rea-sonable access to all of the records requiredby the MAP, and to any other records whichmay be required by States for the approvalof asbestos training providers or the accredi-tation of asbestos training courses, to bothEPA and to State Agencies, on request. EPAencourages training providers to make thisinformation equally accessible to the generalpublic.

(c) If a training provider ceases to conducttraining, the training provider shall notifythe approving government body (EPA or theState) and give it the opportunity to takepossession of that providers asbestos train-ing records.

G. Deaccreditation

1. States must establish criteria and proce-

dures for deaccrediting persons accredited asworkers, contractor/supervisors, inspectors,management planners, and project designers.States must follow their own administrativeprocedures in pursuing deaccreditation ac-tions. At a minimum, the criteria shall in-clude:

(a) Performing work requiring accredita-tion at a job site without being in physicalpossession of initial and current accredita-tion certificates;

(b) Permitting the duplication or use ofone’s own accreditation certificate by an-other;

(c) Performing work for which accredita-tion has not been received; or

(d) Obtaining accreditation from a trainingprovider that does not have approval to offertraining for the particular discipline from ei-

ther EPA or from a State that has a con-tractor accreditation plan at least as strin-gent as the EPA MAP.

EPA may directly pursue deaccreditationactions without reliance on Statedeaccreditation or enforcement authority oractions. In addition to the above-listed situa-tions, the Administrator may suspend or re-voke the accreditation of persons who havebeen subject to a final order imposing a civilpenalty or convicted under section 16 ofTSCA, 15 U.S.C. 2615 or 2647, for violations of40 CFR part 763, or section 113 of the Clean




912


Air Act, 42 U.S.C. 7413, for violations of 40CFR part 61, subpart M.

2. Any person who performs asbestos workrequiring accreditation under section 206(a)of TSCA, 15 U.S.C. 2646(a), without such ac-creditation is in violation of TSCA. The fol-lowing persons are not accredited for pur-poses of section 206(a) of TSCA:

(a) Any person who obtains accreditationthrough fraudulent representation of train-ing or examination documents;

(b) Any person who obtains training docu-mentation through fraudulent means;

(c) Any person who gains admission to andcompletes refresher training through fraudu-lent representation of initial or previous re-

fresher training documentation; or(d) Any person who obtains accreditation

through fraudulent representation of accred-itation requirements such as education,training, professional registration, or experi-ence.

H. Reciprocity

EPA recommends that each State establishreciprocal arrangements with other Statesthat have established accreditation pro-grams that meet or exceed the requirementsof the MAP. Such arrangements might ad-dress cooperation in licensing determina-tions, the review and approval of trainingprograms and/or instructors, candidate test-ing and exam administration, curriculum de-velopment, policy formulation, compliancemonitoring, and the exchange of information

and data. The benefits to be derived fromthese arrangements include a potential cost-savings from the reduction of duplicative ac-tivity and the attainment of a more profes-sional accredited workforce as States areable to refine and improve the effectivenessof their programs based upon the experienceand methods of other States.

I. Electronic Reporting

States that choose to receive electronicdocuments must include, at a minimum, therequirements of 40 CFR Part 3—(Electronicreporting) in their programs.

II. EPA Approval Process for State

Accreditation Programs

A. States may seek approval for a singlediscipline or all disciplines as specified inthe MAP. For example, a State that cur-rently only requires worker accreditationmay receive EPA approval for that disciplinealone. EPA encourages States that currentlydo not have accreditation requirements forall disciplines required under section206(b)(2) of TSCA, 15 U.S.C. 2646(b)(2), to seekEPA approval for those disciplines the Statedoes accredit. As States establish accredita-tion requirements for the remaining dis-ciplines, the requested information outlinedbelow should be submitted to EPA as soon as

possible. Any State that had an accredita-tion program approved by EPA under an ear-lier version of the MAP may follow the sameprocedures to obtain EPA approval of theiraccreditation program under this MAP.

B. Partial approval of a State Program forthe accreditation of one or more disciplinesdoes not mean that the State is in full com-pliance with TSCA where the deadline forthat State to have adopted a State Plan noless stringent than the MAP has alreadypassed. State Programs which are at least asstringent as the MAP for one or more of theaccredited disciplines may, however, ac-credit persons in those disciplines only.

C. States seeking EPA approval or re-approval of accreditation programs shallsubmit the following information to the Re-gional Asbestos Coordinator at their EPARegional office:

1. A copy of the legislation establishing orupgrading the State’s accreditation program(if applicable).

2. A copy of the State’s accreditation regu-lations or revised regulations.

3. A letter to the Regional Asbestos Coor-dinator that clearly indicates how the Statemeets the program requirements of thisMAP. Addresses for each of the Regional As-bestos Coordinators are shown below:

EPA, Region I, (ATC-111) Asbestos Coordi-nator, JFK Federal Bldg., Boston, MA02203-2211, (617) 565-3836.

EPA, Region II, (MS-500), Asbestos Coordi-nator, 2890 Woodbridge Ave., Edison, NJ08837-3679, (908) 321-6671.

EPA, Region III, (3AT-33), Asbestos Coordi-nator, 841 Chestnut Bldg., Philadelphia, PA19107, (215) 597-3160.

EPA, Region IV, Asbestos Coordinator, 345Courtland St., N.E., Atlanta, GA 30365,(404) 347-5014.

EPA, Region V, (SP-14J), Asbestos Coordi-nator, 77 W. Jackson Blvd., Chicago, IL60604-3590, (312) 886-6003.

EPA, Region VI, (6T-PT), Asbestos Coordi-nator, 1445 Ross Ave. Dallas, TX 75202-2744,(214) 655-7244.

EPA, Region VII, (ARTX/ASBS), AsbestosCoordinator, 726 Minnesota Ave., KansasCity, KS 66101, (913) 551-7020.

EPA, Region VIII, (8AT-TS), Asbestos Coor-dinator, 1 Denver Place, Suite 500 999 - 18thSt., Denver, CO 80202-2405, (303) 293-1442.

EPA, Region IX, Asbestos NESHAPs Con-tact, Air Division (A–5), 75 HawthorneStreet, San Francisco, CA 94105, (415) 972–3989.

EPA, Region X, (AT-083), Asbestos Coordi-nator, 1200 Sixth Ave., Seattle, WA 98101,(206) 553-4762.

EPA maintains a listing of all those Statesthat have applied for and received EPA ap-proval for having accreditation requirementsthat are at least as stringent as the MAP forone or more disciplines. Any training courses




913


approved by an EPA-approved State Pro-gram are considered to be EPA-approved forpurposes of accreditation.

III. Approval of Training Courses

Individuals or groups wishing to sponsortraining courses for disciplines required tobe accredited under section 206(b)(1)(A) ofTSCA, 15 U.S.C. 2646(b)(1)(A), may apply forapproval from States that have accreditationprogram requirements that are at least asstringent as this MAP. For a course to re-ceive approval, it must meet the require-ments for the course as outlined in thisMAP, and any other requirements imposed

by the State from which approval is beingsought. Courses that have been approved bya State with an accreditation program atleast as stringent as this MAP are approvedunder section 206(a) of TSCA, 15 U.S.C.2646(a), for that particular State, and also forany other State that does not have an ac-creditation program as stringent as thisMAP.

A. Initial Training Course Approval

A training provider must submit the fol-lowing minimum information to a State aspart of its application for the approval ofeach training course:

1. The course provider’s name, address, andtelephone number.

2. A list of any other States that currentlyapprove the training course.

3. The course curriculum.4. A letter from the provider of the train-ing course that clearly indicates how thecourse meets the MAP requirements for:

a. Length of training in days.b. Amount and type of hands-on training.c. Examination (length, format, and pass-

ing 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 develop-ment of the examination used in the course.

7. Names and qualifications of all courseinstructors. Instructors must have academicand/or field experience in asbestos abate-ment.

8. A description of and an example of thenumbered certificates issued to students whoattend the course and pass the examination.

B. Refresher Training Course Approval

The following minimum information is re-quired for approval of refresher trainingcourses by States:

1. The length of training in half-days ordays.

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 allcourse instructors. Instructors must haveacademic and/or field experience in asbestosabatement.

5. A description of and an example of thenumbered certificates issued to students whocomplete the refresher course and pass theexamination, if required.

C. Withdrawal of Training Course Approval

States must establish criteria and proce-dures for suspending or withdrawing ap-proval from accredited training programs.States should follow their own administra-tive procedures in pursuing actions for sus-

pension or withdrawal of approval of train-ing programs. At a minimum, the criteriashall include:

(1) Misrepresentation of the extent of atraining course’s approval by a State orEPA;

(2) Failure to submit required informationor notifications in a timely manner;

(3) Failure to maintain requisite records;(4) Falsification of accreditation records,

instructor qualifications, or other accredita-tion information; or

(5) Failure to adhere to the training stand-ards and requirements of the EPA MAP orState Accreditation Program, as appro-priate.

In addition to the criteria listed above,EPA may also suspend or withdraw a train-ing course’s approval where an approvedtraining course instructor, or other personwith supervisory authority over the deliveryof training has been found in violation ofother asbestos regulations administered byEPA. An administrative or judicial finding ofviolation, or execution of a consent agree-ment and order under 40 CFR 22.18, con-stitutes evidence of a failure to comply withrelevant statutes or regulations. States maywish to adopt this criterion modified to in-clude their own asbestos statutes or regula-tions. EPA may also suspend or withdraw ap-proval of training programs where a trainingprovider has submitted false information asa part of the self-certification required underUnit V.B. of the revised MAP.

Training course providers shall permit rep-resentatives of EPA or the State which ap-proved their training courses to attend,evaluate, and monitor any training course

without charge. EPA or State compliance in-spection staff are not required to give ad-vance notice of their inspections. EPA maysuspend or withdraw State or EPA approvalof a training course based upon the criteriaspecified in this Unit III.C.

IV. EPA Procedures for Suspension or Revoca-

tion of Accreditation or Training Course Ap-

proval.

A. If the Administrator decides to suspendor revoke the accreditation of any person or




914


suspend or withdraw the approval of a train-ing course, the Administrator will notify theaffected entity of the following:

1. The grounds upon which the suspension,revocation, or withdrawal is based.

2. The time period during which the sus-pension, revocation, or withdrawal is effec-tive, whether permanent or otherwise.

3. The conditions, if any, under which theaffected entity may receive accreditation orapproval in the future.

4. Any additional conditions which the Ad-ministrator may impose.

5. The opportunity to request a hearingprior to final Agency action to suspend or re-voke accreditation or suspend or withdrawapproval.

B. If a hearing is requested by the accred-ited person or training course provider pur-suant to the preceding paragraph, the Ad-ministrator will:

1. Notify the affected entity of those asser-tions of law and fact upon which the actionto suspend, revoke, or withdraw is based.

2. Provide the affected entity an oppor-tunity to offer written statements of facts,explanations, comments, and arguments rel-evant to the proposed action.

3. Provide the affected entity such otherprocedural opportunities as the Adminis-trator may deem appropriate to ensure a fairand impartial hearing.

4. Appoint an EPA attorney as PresidingOfficer to conduct the hearing. No personshall serve as Presiding Officer if he or shehas had any prior connection with the spe-cific case.

C. The Presiding Officer appointed pursu-ant to the preceding paragraph shall:

1. Conduct a fair, orderly, and impartialhearing, without unnecessary delay.

2. Consider all relevant evidence, expla-nation, comment, and argument submittedpursuant to the preceding paragraph.

3. Promptly notify the affected entity ofhis or her decision and order. Such an orderis a final Agency action.

D. If the Administrator determines thatthe public health, interest, or welfare war-rants immediate action to suspend the ac-creditation of any person or the approval ofany training course provider, the Adminis-trator will:

1. Notify the affected entity of the groundsupon which the emergency suspension isbased;

2. Notify the affected entity of the time pe-riod during which the emergency suspensionis effective.

3. Notify the affected entity of the Admin-istrator’s intent to suspend or revoke accred-itation or suspend or withdraw trainingcourse approval, as appropriate, in accord-ance with Unit IV.A. above. If such suspen-sion, revocation, or withdrawal notice hasnot previously been issued, it will be issued

at the same time the emergency suspensionnotice is issued.

E. Any notice, decision, or order issued bythe Administrator under this section, andany documents filed by an accredited personor approved training course provider in ahearing under this section, shall be availableto the public except as otherwise provided bysection 14 of TSCA or by 40 CFR part 2. Anysuch hearing at which oral testimony is pre-sented shall be open to the public, exceptthat the Presiding Officer may exclude thepublic to the extent necessary to allow pres-entation of information which may be enti-tled to confidential treatment under section14 of TSCA or 40 CFR part 2.

V. Implementation Schedule

The various requirements of this MAP be-come effective in accordance with the fol-lowing schedules:

A. Requirements applicable to StatePrograms

1. Each State shall adopt an accreditationplan that is at least as stringent as this MAPwithin 180 days after the commencement ofthe first regular session of the legislature ofthe State that is convened on or after April4, 1994.

2. If a State has adopted an accreditationplan at least as stringent as this MAP as ofApril 4, 1994, the State may continue to:

a. Conduct TSCA training pursuant to this

MAP.b. Approve training course providers toconduct training and to issue accreditationthat satisfies the requirements for TSCA ac-creditation under this MAP.

c. Issue accreditation that satisfies the re-quirements for TSCA accreditation underthis MAP.

3. A State that had complied with an ear-lier version of the MAP, but has not adoptedan accreditation plan at least as stringent asthis MAP by April 4, 1994, may:

a. Conduct TSCA training which remainsin compliance with the requirements of UnitV.B. of this MAP. After such training hasbeen self-certified in accordance with UnitV.B. of this MAP, the State may issue ac-creditation that satisfies the requirement forTSCA accreditation under this MAP.

b. Sustain its approval for any trainingcourse providers to conduct training andissue TSCA accreditation that the State hadapproved before April 4, 1994, and that re-main in compliance with Unit V.B. of thisMAP.

c. Issue accreditation pursuant to an ear-lier version of the MAP that provisionallysatisfies the requirement for TSCA accredi-tation until October 4, 1994.

Such a State may not approve new TSCAtraining course providers to conduct trainingor to issue TSCA accreditation that satisfies




915


the requirements of this MAP until theState adopts an accreditation plan that is atleast as stringent as this MAP.

4. A State that had complied with an ear-lier version of the MAP, but fails to adopt aplan as stringent as this MAP by the dead-line established in Unit V.A.1., is subject tothe following after that deadline date:

a. The State loses any status it may haveheld as an EPA-approved State for accredita-tion purposes under section 206 of TSCA, 15U.S.C. 2646.

b. All training course providers approvedby the State lose State approval to conducttraining and issue accreditation that satis-fies the requirements for TSCA accreditation

under this MAP.c. The State may not:i. Conduct training for accreditation pur-

poses under section 206 of TSCA, 15 U.S.C.2646.

ii. Approve training course providers toconduct training or issue accreditation thatsatisfies the requirements for TSCA accredi-tation; or

iii. Issue accreditation that satisfies therequirement for TSCA accreditation.

EPA will extend EPA-approval to anytraining course provider that loses State ap-proval because the State does not complywith the deadline, so long as the provider isin compliance with Unit V.B. of this MAP,and the provider is approved by a State thathad complied with an earlier version of theMAP as of the day before the State loses its

EPA approval.5. A State that does not have an accredita-tion program that satisfies the requirementsfor TSCA accreditation under either an ear-lier version of the MAP or this MAP, maynot:

a. Conduct training for accreditation pur-poses under section 206 of TSCA, 15 U.S.C.2646;

b. Approve training course providers toconduct training or issue accreditation thatsatisfies the requirements for TSCA accredi-tation; or

c. Issue accreditation that satisfies the re-quirement for TSCA accreditation.

B. Requirements applicable to TrainingCourses and Providers

As of October 4, 1994, an approved training

provider must certify to EPA and to anyState that has approved the provider forTSCA accreditation, that each of the pro-vider’s training courses complies with the re-quirements of this MAP. The written sub-mission must document in specific detail thechanges made to each training course inorder to comply with the requirements ofthis MAP and clearly state that the provideris also in compliance with all other require-ments of this MAP, including the new rec-ordkeeping and certificate provisions. Eachsubmission must include the following state-

ment signed by an authorized representativeof the training provider: ‘‘Under civil andcriminal penalties of law for the making orsubmission of false or fraudulent statementsor representations (18 U.S.C. 1001 and 15U.S.C. 2615), I certify that the training de-scribed in this submission complies with allapplicable requirements of Title II of TSCA,40 CFR part 763, Appendix C to Subpart E, asrevised, and any other applicable Federal,state, or local requirements.’’ A consolidatedself-certification submission from eachtraining provider that addresses all of its ap-proved training courses is permissible andencouraged.

The self-certification must be sent via reg-

istered mail, to EPA Headquarters at the fol-lowing address: Attn. Self-Certification Pro-gram, Field Programs Branch, ChemicalManagement Division (7404), Office of Pollu-tion Prevention and Toxics, EnvironmentalProtection Agency, 1200 Pennsylvania Ave.,NW., Washington, DC 20460. A duplicate copyof the complete submission must also be sentto any States from which approval had beenobtained.

The timely receipt of a complete self-cer-tification by EPA and all approving Statesshall have the effect of extending approvalunder this MAP to the training courses of-fered by the submitting provider. If a self-certification is not received by the approvinggovernment bodies on or before the due date,the affected training course is not approvedunder this MAP. Such training providers

must then reapply for approval of thesetraining courses pursuant to the proceduresoutlined in Unit III.

C. Requirements applicable to AccreditedPersons.

Persons accredited by a State with an ac-creditation program no less stringent thanan earlier version of the MAP or by an EPA-approved training provider as of April 3, 1994,are accredited in accordance with the re-quirements of this MAP, and are not re-quired to retake initial training. They mustcontinue to comply with the requirementsfor annual refresher training in Unit I.D. ofthe revised MAP.

D. Requirements applicable to Non-Accredited Persons.

In order to perform work requiring accredi-tation under TSCA Title II, persons who arenot accredited by a State with an accredita-tion program no less stringent than an ear-lier version of the MAP or by an EPA-ap-proved training provider as of April 3, 1994,must comply with the upgraded training re-quirements of this MAP by no later than Oc-tober 4, 1994. Non-accredited persons may ob-tain initial accreditation on a provisionalbasis by successfully completing any of thetraining programs approved under an earlier




916

40 CFR Ch. I (7–1–11 Edition)Pt. 763, Subpt. E, App. D

version of the MAP, and thereby performwork during the first 6 months after thisMAP takes effect. However, by October 4,1994, these persons must have successfullycompleted an upgraded training programthat fully complies with the requirements ofthis MAP in order to continue to performwork requiring accreditation under section206 of TSCA, 15 U.S.C. 2646.

[59 FR 5251, Feb. 3, 1994, as amended at 60 FR31922, June 19, 1995; 70 FR 59889, Oct. 13, 2005;75 FR 69353, Nov. 12, 2010]

APPENDIX D TO SUBPART E OF PART 763—TRANSPORT AND DISPOSAL OF

ASBESTOS WASTE

For the purposes of this appendix, trans-port is defined as all activities from receiptof the containerized asbestos waste at thegeneration site until it has been unloaded atthe disposal site. Current EPA regulationsstate that there must be no visible emissionsto the outside air during waste transport.However, recognizing the potential hazardsand subsequent liabilities associated withexposure, the following additional pre-cautions are recommended.

Recordkeeping. Before accepting wastes, atransporter should determine if the waste isproperly wetted and containerized. Thetransporter should then require a chain-of-custody form signed by the generator. Achain-of-custody form may include the name

and address of the generator, the name andaddress of the pickup site, the estimatedquantity of asbestos waste, types of con-tainers used, and the destination of thewaste. The chain-of-custody form shouldthen be signed over to a disposal site oper-ator to transfer responsibility for the asbes-tos waste. A copy of the form signed by thedisposal site operator should be maintainedby the transporter as evidence of receipt atthe disposal site.

Waste handling. A transporter should en-sure that the asbestos waste is properly con-tained in leak-tight containers with appro-priate labels, and that the outside surfaces ofthe containers are not contaminated with as-bestos debris adhering to the containers. Ifthere is reason to believe that the conditionof the asbestos waste may allow significant

fiber release, the transporter should not ac-cept the waste. Improper containerization ofwastes is a violation of the NESHAPs regula-tion and should be reported to the appro-priate EPA Regional Asbestos NESHAPscontact below:

Region I

Asbestos NESHAPs Contact, Air Manage-ment Division, USEPA, Region I, JFK Fed-eral Building, Boston, MA 02203, (617) 223–3266.

Region II

Asbestos NESHAPs Contact, Air & WasteManagement Division, USEPA, Region II, 26Federal Plaza, New York, NY 10007, (212) 264–6770.

Region III

Asbestos NESHAPs Contact, Air Manage-ment Division, USEPA, Region III, 841 Chest-nut 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 Manage-ment Division, USEPA, Region V, 77 WestJackson Boulevard, Chicago, IL 60604, (312)353–6793.

Region VI

Asbestos NESHAPs Contact, Air & WasteManagement Division, USEPA, Region VI,1445 Ross Avenue, Dallas, TX 75202, (214) 655–7229.

Region VII

Asbestos NESHAPs Contact, Air & WasteManagement Division, USEPA, Region VII,

726 Minnesota Avenue, Kansas City, KS 66101,(913) 236–2896.

Region VIII

Asbestos NESHAPs Contact, Air & WasteManagement Division, USEPA, Region VIII,999 18th Street, Suite 500, Denver, CO 80202,(303) 293–1814.

Region IX

Asbestos NESHAPs Contact, Air Division,USEPA, Region IX, 75 Hawthorne Street,San Francisco, CA 94105, (415) 972–3989.

Region X

Asbestos NESHAPs Contact, Air & ToxicsManagement Division, USEPA, Region X,1200 Sixth Avenue, Seattle, WA 98101, (206)442–2724.

Once the transporter is satisfied with thecondition of the asbestos waste and agrees tohandle it, the containers should be loadedinto the transport vehicle in a careful man-ner to prevent breaking of the containers.Similarly, at the disposal site, the asbestoswaste containers should be transferred care-fully to avoid fiber release.

Waste transport. Although there are no reg-ulatory specifications regarding the trans-port vehicle, it is recommended that vehiclesused for transport of containerized asbestos




917

Environmental Protection Agency Pt. 763, Subpt. E, App. D

waste have an enclosed carrying compart-ment or utilize a canvas covering sufficientto contain the transported waste, preventdamage to containers, and prevent fiber re-lease. Transport of large quantities of asbes-tos waste is commonly conducted in a 20-cubic-yard ‘‘roll off’’ box, which should alsobe covered. Vehicles that use compactors toreduce waste volume should not be used be-cause these will cause the waste containersto rupture. Vacuum trucks used to transportwaste slurry must be inspected to ensurethat water is not leaking from the truck.

Disposal involves the isolation of asbestoswaste material in order to prevent fiber re-lease to air or water. Landfilling is rec-

ommended as an environmentally sound iso-lation method because asbestos fibers arevirtually immobile in soil. Other disposaltechniques such as incineration or chemicaltreatment are not feasible due to the uniqueproperties of asbestos. EPA has establishedasbestos disposal requirements for active andinactive disposal sites under NESHAPs (40CFR Part 61, subpart M) and specifies gen-eral requirements for solid waste disposalunder RCRA (40 CFR Part 257). Advance EPAnotification of the intended disposal site isrequired by NESHAPs.

Selecting a disposal facility. An acceptabledisposal facility for asbestos wastes must ad-here to EPA’s requirements of no visibleemissions to the air during disposal, or mini-mizing emissions by covering the wastewithin 24 hours. The minimum required

cover is 6 inches of nonasbestos material,normally soil, or a dust-suppressing chem-ical. In addition to these Federal require-ments, many state or local governmentagencies require more stringent handlingprocedures. These agencies usually supply alist of ‘‘approved’’ or licensed asbestos dis-posal sites upon request. Solid waste controlagencies are listed in local telephone direc-tories under state, county, or city headings.A list of state solid waste agencies may beobtained by calling the RCRA hotline: 1–800–424–9346 (382–3000 in Washington, DC). Somelandfill owners or operators place special re-quirements on asbestos waste, such as plac-ing all bagged waste into 55-gallon metaldrums. Therefore, asbestos removal contrac-tors should contact the intended landfill be-fore arriving with the waste.

Receiving asbestos waste. A landfill approvedfor receipt of asbestos waste should requirenotification by the waste hauler that theload contains asbestos. The landfill operatorshould inspect the loads to verify that asbes-tos waste is properly contained in leak-tightcontainers and labeled appropriately. Theappropriate EPA Regional AsbestosNESHAPs Contact should be notified if thelandfill operator believes that the asbestoswaste is in a condition that may cause sig-nificant fiber release during disposal. In situ-ations when the wastes are not properly con-

tainerized, the landfill operator should thor-oughly soak the asbestos with a water sprayprior to unloading, rinse out the truck, andimmediately cover the wastes with non-asbestos material prior to compacting thewaste in the landfill.

Waste deposition and covering. Recognizingthe health dangers associated with asbestosexposure, the following procedures are rec-ommended to augment current federal re-quirements:

• Designate a separate area for asbestoswaste disposal. Provide a record for futurelandowners that asbestos waste has been bur-ied there and that it would be hazardous toattempt to excavate that area. (Future regu-

lations may require property deeds to iden-tify the location of any asbestos wastes andwarn against excavation.)

• Prepare a separate trench to receive as-bestos wastes. The size of the trench will de-pend upon the quantity and frequency of as-bestos waste delivered to the disposal site.The trenching technique allows applicationof soil cover without disturbing the asbestoswaste containers. The trench should beramped to allow the transport vehicle toback into it, and the trench should be as nar-row as possible to reduce the amount ofcover required. If possible, the trench shouldbe aligned perpendicular to prevailing winds.

• Place the asbestos waste containers intothe trench carefully to avoid breaking them.Be particularly careful with plastic bags be-cause when they break under pressure asbes-

tos particles can be emitted.• Completely cover the containerizedwaste within 24 hours with a minimum of 6inches of nonasbestos material. Improperlycontainerized waste is a violation of theNESHAPs and EPA should be notified.

However, if improperly containerizedwaste is received at the disposal site, itshould be covered immediately after unload-ing. Only after the wastes, including prop-erly containerized wastes, are completelycovered, can the wastes be compacted orother heavy equipment run over it. Duringcompacting, avoid exposing wastes to the airor tracking asbestos material away from thetrench.

• For final closure of an area containingasbestos waste, cover with at least an addi-tional 30 inches of compacted nonasbestos

material to provide a 36-inch final cover. Tocontrol erosion of the final cover, it shouldbe properly graded and vegetated. In areas ofthe United States where excessive soil ero-sion may occur or the frost line exceeds 3feet, additional final cover is recommended.In desert areas where vegetation would bedifficult to maintain, 3–6 inches of well grad-ed crushed rock is recommended for place-ment on top of the final cover.

Controlling public access. Under the currentNESHAPs regulation, EPA does not requirethat a landfill used for asbestos disposal use




918

40 CFR Ch. I (7–1–11 Edition)Pt. 763, Subpt. E, App. E

warning signs or fencing if it meets the re-quirement to cover asbestos wastes. How-ever, under RCRA, EPA requires that accessbe controlled to prevent exposure of the pub-lic to potential health and safety hazards atthe disposal site. Therefore, for liability pro-tection of operators of landfills that handleasbestos, fencing and warning signs are rec-ommended to control public access whennatural barriers do not exist. Access to alandfill should be limited to one or two en-trances with gates that can be locked whenleft unattended. Fencing should be installedaround the perimeter of the disposal site ina manner adequate to deter access by thegeneral public. Chain-link fencing, 6-ft high

and topped with a barbed wire guard, shouldbe used. More specific fencing requirementsmay be specified by local regulations. Warn-ing signs should be displayed at all entrancesand at intervals of 330 feet or less along theproperty line of the landfill or perimeter ofthe sections where asbestos waste is depos-ited. The sign should read as follows:

ASBESTOS WASTE DISPOSAL SITEBREATHING ASBESTOS DUST MAY

CAUSE LUNG DISEASE AND CANCER

Recordkeeping. For protection from liabil-ity, and considering possible future require-ments for notification on disposal site deeds,a landfill owner should maintain documenta-tion of the specific location and quantity ofthe buried asbestos wastes. In addition, theestimated depth of the waste below the sur-

face should be recorded whenever a landfillsection is closed. As mentioned previously,such information should be recorded in theland deed or other record along with a noticewarning against excavation of the area.

[52 FR 41897, Oct. 30, 1987, as amended at 62FR 1834, Jan. 14, 1997; 75 FR 69353, Nov. 12,2010]

APPENDIX E TO SUBPART E OF PART 763—INTERIM METHOD OF THE DE-TERMINATION 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 examinedfor homogeneity and preliminary fiber iden-tification at low magnification. Positiveidentification of suspect fibers is made byanalysis of subsamples with the polarizedlight microscope.

The principles of optical mineralogy arewell established. 1,2 A light microscopeequipped with two polarizing filters is usedto observe specific optical characteristics ofa sample. The use of plane polarized light al-lows the determination of refractive indicesalong specific crystallographic axes. Mor-

phology and color are also observed. A retar-

dation plate is placed in the polarized light

path for determination of the sign of elon-gation using orthoscopic illumination. Ori-

entation of the two filters such that their vi-

bration planes are perpendicular (crossedpolars) allows observation of the

birefringence and extinction characteristics

of anisotropic particles.

Quantitative analysis involves the use ofpoint counting. Point counting is a standard

technique in petrography for determiningthe relative areas occupied by separate min-erals in thin sections of rock. Backgroundinformation on the use of point counting 2

and the interpretation of point count data3

is available.

This method is applicable to all bulk sam-ples of friable insulation materials sub-mitted for identification and quantitation ofasbestos components.

1.2 Range

The point counting method may be usedfor analysis of samples containing from 0 to100 percent asbestos. The upper detectionlimit is 100 percent. The lower detectionlimit is less than 1 percent.

1.3 Interferences

Fibrous organic and inorganic constituentsof bulk samples may interfere with the iden-tification and quantitation of the asbestosmineral content. Spray-on binder materialsmay coat fibers and affect color or obscureoptical characteristics to the extent ofmasking fiber identity. Fine particles ofother materials may also adhere to fibers toan extent sufficient to cause confusion inidentification. Procedures that may be usedfor the removal of interferences are pre-sented in Section 1.7.2.2.

1.4 Precision and Accuracy

Adequate data for measuring the accuracyand precision of the method for samples withvarious matrices are not currently available.Data obtained for samples containing a sin-gle asbestos type in a simple matrix areavailable 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, pref-erably stereoscopic, is used to examine thebulk insulation sample as received.

• Microscope: binocular, 10–45X (approxi-mate).

• Light Source: incandescent or fluorescent.

• Forceps, Dissecting Needles, and Probes

• Glassine Paper or Clean Glass Plate




919

Environmental Protection Agency Pt. 763, Subpt. E, App. E

Compound microscope requirements: A po-larized light microscope complete with po-larizer, analyzer, port for wave retardationplate, 360° graduated rotating stage, substagecondenser, lamp, and lamp iris.• Polarized Light Microscope: described above.• Objective Lenses: 10X, 20X, and 40X or near

equivalent.• Dispersion Staining Objective Lens (optional)• Ocular Lens: 10X minimum.• Eyepiece Reticle: cross hair or 25 point

Chalkley Point Array.• Compensator Plate: 550 millimicron retarda-

tion.

1.5.2 Sample Preparation

Sample preparation apparatus require-ments will depend upon the type of insula-tion sample under consideration. Variousphysical and/or chemical means may be em-ployed for an adequate sample assessment.• Ventilated Hood or negative pressure glove

box.• Microscope Slides

• Coverslips

• Mortar and Pestle: agate or porcelain. (op-tional)

• Wylie Mill (optional)• Beakers and Assorted Glassware (optional)• Certrifuge (optional)• Filtration apparatus (optional)• Low temperature asher (optional)

1.6 Reagents

1.6.1 Sample Preparation• Distilled Water (optional)

• Dilute CH 3COOH: ACS reagent grade (op-tional)

• Dilute HCl: ACS reagent grade (optional)• Sodium metaphosphate (NaPO3)6 (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.• Refractive Index Liquids for Dispersion Stain-

ing: high-dispersion series, 1.550, 1.605, 1.630(optional).

• UICC Asbestos Reference Sample Set: Avail-able from: UICC MRC PneumoconiosisUnit, Llandough Hospital, Penarth,Glamorgan CF6 1XW, UK, and commercialdistributors.

• Tremolite-asbestos (source to be determined)

• Actinolite-asbestos (source to be determined)

1.7 Procedures

NOTE: Exposure to airborne asbestos fibersis a health hazard. Bulk samples submittedfor analysis are usually friable and may re-lease fibers during handling or matrix reduc-tion steps. All sample and slide preparationsshould be carried out in a ventilated hood orglove box with continuous airflow (negativepressure). Handling of samples without theseprecautions may result in exposure of the

analyst and contamination of samples byairborne fibers.

1.7.1 Sampling

Samples for analysis of asbestos contentshall be taken in the manner prescribed inReference 5 and information on design ofsampling and analysis programs may befound in Reference 6. If there are any ques-tions about the representative nature of thesample, another sample should be requestedbefore proceeding with the analysis.

1.7.2 Analysis

1.7.2.1 Gross Examination

Bulk samples of building materials takenfor the identification and quantitation of as-bestos are first examined for homogeneity atlow magnification with the aid of astereomicroscope. The core sample may beexamined in its container or carefully re-moved from the container onto a glassinetransfer paper or clean glass plate. If pos-sible, note is made of the top and bottom ori-entation. When discrete strata are identified,each is treated as a separate material so thatfibers are first identified and quantified inthat layer only, and then the results for eachlayer are combined to yield an estimate ofasbestos content for the whole sample.

1.7.2.2 Sample Preparation

Bulk materials submitted for asbestos

analysis involve a wide variety of matrixmaterials. Representative subsamples maynot be readily obtainable by simple means inheterogeneous materials, and various stepsmay be required to alleviate the difficultiesencountered. In most cases, however, thebest preparation is made by using forceps tosample at several places from the bulk mate-rial. Forcep samples are immersed in a re-fractive index liquid on a microscope slide,teased apart, covered with a cover glass, andobserved with the polarized light micro-scope.

Alternatively, attempts may be made tohomogenize the sample or eliminate inter-ferences before further characterization. Theselection of appropriate procedures is de-pendent upon the samples encountered andpersonal preference. The following are pre-

sented as possible sample preparation steps.A mortar and pestle can sometimes be usedin the size reduction of soft or loosely boundmaterials though this may cause matting ofsome samples. Such samples may be reducedin a Wylie mill. Apparatus should be cleanand extreme care exercised to avoid cross-contamination of samples. Periodic checksof the particle sizes should be made duringthe grinding operation so as to preserve anyfiber bundles present in an identifiable form.These procedures are not recommended forsamples that contain amphibole minerals or




920


vermiculite. Grinding of amphiboles may re-sult in the separation of fiber bundles or theproduction of cleavage fragments with as-pect ratios greater than 3:1. Grinding ofvermiculite may also produce fragmentswith aspect ratios greater than 3:1.

Acid treatment may occasionally be re-quired to eliminate interferences. Calciumcarbonate, gypsum, and bassanite (plaster)are frequently present in sprayed ortrowelled insulations. These materials maybe removed by treatment with warm diluteacetic acid. Warm dilute hydrochloric acidmay also be used to remove the above mate-rials. If acid treatment is required, wash thesample at least twice with distilled water,

being careful not to lose the particulatesduring decanting steps. Centrifugation or fil-tration of the suspension will prevent signifi-cant fiber loss. The pore size of the filtershould be 0.45 micron or less. Caution: pro-longed acid contact with the sample mayalter the optical characteristics of chrysotilefibers and should be avoided.

Coatings and binding materials adhering tofiber surfaces may also be removed by treat-ment with sodium metaphosphate.7 Add 10mL of 10g/L sodium metaphosphate solutionto a small (0.1 to 0.5 mL) sample of bulk ma-terial in a 15-mL glass centrifuge tube. Forapproximately 15 seconds each, stir the mix-ture on a vortex mixer, place in an ultra-sonic bath and then shake by hand. Repeatthe series. Collect the dispersed solids bycentrifugation at 1000 rpm for 5 minutes.

Wash the sample three times by suspendingin 10 mL distilled water and recentrifuging.After washing, resuspend the pellet in 5 mLdistilled water, place a drop of the suspen-sion on a microscope slide, and dry the slideat 110 °C.

In samples with a large portion of cellu-losic or other organic fibers, it may be usefulto ash part of the sample and view the res-idue. Ashing should be performed in a lowtemperature asher. Ashing may also be per-formed in a muffle furnace at temperatures

of 500 °C or lower. Temperatures of 550 °C orhigher will cause dehydroxylation of the as-bestos minerals, resulting in changes of therefractive index and other key parameters. Ifa muffle furnace is to be used, the furnacethermostat should be checked and calibratedto ensure that samples will not be heated attemperatures greater than 550 °C.

Ashing and acid treatment of samplesshould not be used as standard procedures. Inorder to monitor possible changes in fibercharacteristics, the material should beviewed microscopically before and after anysample preparation procedure. Use of theseprocedures on samples to be used for quan-titation requires a correction for percentweight loss.

1.7.2.3 Fiber Identification

Positive identification of asbestos requiresthe determination of the following opticalproperties.

• Morphology• Color and pleochroism• Refractive indices

• Birefringence• Extinction characteristics• Sign of elongation

Table 1–1 lists the above properties for com-mercial asbestos fibers. Figure 1–1 presents aflow diagram of the examination procedure.Natural variations in the conditions underwhich deposits of asbestiform minerals areformed will occasionally produce exceptions

to the published values and differences fromthe UICC standards. The sign of elongation isdetermined by use of the compensator plateand crossed polars. Refractive indices maybe determined by the Becke line test. Alter-natively, dispersion staining may be used.Inexperienced operators may find that thedispersion staining technique is more easilylearned, and should consult Reference 9 forguidance. Central stop dispersion stainingcolors are presented in Table 1–2. Availablehigh-dispersion (HD) liquids should be used.

TABLE 1–1—OPTICAL PROPERTIES OF ASBESTOC FIBERS

Mineral Morphology, color a Refrac- tive indices b

Birefring-ence

ExtinctionSign of

elonationa g

Chrysotile

(asbestiformserpentine).

Wavy fibers. Fiber bundles have

splayed ends and ‘‘kinks’’. Aspectratio typically >10:1. Colorless 3,nonpleochroic.

1.493–1.560 1.517–

1.562

f

(nor-mally1.556).

.008 | to fiber

length.

+

(lengthslow)

Amosite(asbestiformgrunerite).

Straight, rigid fibers. Aspect ratio typi-cally >10:1. Colorless to brown,nonpleochroic or weakly so. Opaqueinclusions may be present.

1.635–1.696 1.655–1.729 f (nor-mally1.696–1.710.

.020–.033 | to fiberlength.

+(lengthslow)




921


TABLE 1–1—OPTICAL PROPERTIES OF ASBESTOC FIBERS—Continued

Mineral Morphology, color a Refrac- tive indices b

Birefring-ence

ExtinctionSign of

elonationa g

Crocidolite(asbestiformRiebeckite).

Straight, rigid fibers. Thick fibers andbundles common, blue to purple-blue in color. Pleochroic.Birefringence is generally masked byblue color.

1.654–1.701 1.668–1.7173e (nor-mallyclose to1.700).


¥

(length fast)

Anthophyllite-asbestos.

Straight fibers and acicular cleavagefragments.d Some composite fibers.Aspect ratio <10:1. Colorless to lightbrown.

1.596–1.652 1.615–1.676 f.


+(lengthslow)

Tremolite-actin-olite-asbes-

tos.

Normally present as acicular or pris-matic cleavage fragments.d Single

crystals predominate, aspect ratio<10:1. Colorless to pale green.

1.599–1.668 1.622–1.688 f.

.023–.020 Obliqueextinc-

tion, 10–20° forfrag-ments.Com-posite fi-bersshow |extinc-tion.

+(lengthslow)

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 >3:1.e to fiber length.f |To fiber length.




922





923


TABLE 1–2—CENTRAL STOP DISPERSION STAINING COLORS A

Mineral RI Liquid h h|

Chrysotile ..... 1.550 HD Blue ............. Blue-ma-genta

Amosite ........ 1.680 Blue-ma-genta topale blue.

Golden-yel-low

1.550HD Yellow towhite.

Yellow towhite

Crocidoliteb .. 1.700 Red magenta Blue-ma-genta

1.550HD Yellow towhite.

Yellow towhite

Anthophyllite 1.605HD Blue ............. Gold to gold-

magentaTremolite ...... 1.605HD c Pale blue ... .. GoldActinolite ...... 1.605HD Gold-ma-

genta toblue.

Gold

1.630HD c Magenta ...... Golden-yel-low

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 apoint-counting procedure or an equivalentestimation method. An ocular reticle (cross-hair or point array) is used to visually super-impose a point or points on the microscopefield of view. Record the number of pointspositioned directly above each kind of par-ticle or fiber of interest. Score only pointsdirectly over asbestos fibers or nonasbestosmatrix material. Do not score empty pointsfor the closest particle. If an asbestos fiberand a matrix particle overlap so that a pointis superimposed on their visual intersection,a point is scored for both categories. Pointcounting provides a determination of thearea percent asbestos. Reliable conversion ofarea percent to percent of dry weight is notcurrently feasible unless the specificgravities and relative volumes of the mate-rials are known.

For the purpose of this method, ‘‘asbestosfibers’’ are defined as having an aspect ratiogreater than 3:1 and being positively identi-fied as one of the minerals in Table 1–1.

A total of 400 points superimposed on ei-ther asbestos fibers or nonasbestos matrixmaterial must be counted over at least eightdifferent preparations of representative sub-samples. Take eight forcep samples andmount each separately with the appropriaterefractive index liquid. The preparationshould not be heavily loaded. The sampleshould be uniformly dispersed to avoid over-lapping particles and allow 25–50 percentempty area within the fields of view. Count50 nonempty points on each preparation,using either

• A cross-hair reticle and mechanical stage;or

• A reticle with 25 points (Chalkley PointArray) and counting at least 2 randomlyselected fields.

For samples with mixtures of isotropic andanisotropic materials present, viewing thesample with slightly uncrossed polars or theaddition of the compensator plate to the po-larized light path will allow simultaneousdiscrimination of both particle types. Quan-titation should be performed at 100X or atthe lowest magnification of the polarizedlight microscope that can effectively distin-guish the sample components. Confirmationof the quantitation result by a second ana-lyst on some percentage of analyzed samples

should be used as standard quality controlprocedure.

The percent asbestos is calculated as fol-lows:

% asbestos=(a/n) 100%

where

a=number of asbestos counts,

n=number of nonempty points counted (400).

If a=0, report ‘‘No asbestos detected.’’ If 0<a≤3, report ‘‘<1% asbestos’’.

The value reported should be rounded tothe 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, Hand-

book of Chemical Microscopy, Volume One, 3rded., New York: John Wiley & Sons, 1958.

3. F. Chayes, Petrographic Modal Analysis:

An Elementary Statistical Appraisal, NewYork: John Wiley & Sons, 1956.

4. E. P. Brantly, Jr., K. W. Gold, L. E.Myers, and D. E. Lentzen, Bulk Sample Anal-

ysis for Asbestos Content: Evaluation of the

Tentative Method, U.S. Environmental Pro-tection Agency, October 1981.

5. U.S. Environmental Protection Agency,Asbestos-Containing Materials in School Build-

ings: A Guidance Document, Parts 1 and 2,EPA/OPPT No. C00090, March 1979.

6. D. Lucas, T. Hartwell, and A. V. Rao, As-

bestos-Containing Materials in School Build-

ings: Guidance for Asbestos Analytical Pro-

grams, EPA 560/13–80–017A, U.S. Environ-mental Protection Agency, December 1980, 96pp.

7. D. H. Taylor and J. S. Bloom,Hexametaphosphate pretreatment of insula-tion samples for identification of fibrousconstituents, Microscope, 28, 1980.

8. W. J. Campbell, R. L. Blake, L. L.Brown, E. E. Cather, and J. J. Sjoberg. Se-

lected Silicate Minerals and Their Asbestiform

Varieties: Mineralogical Definitions and Identi-

fication-Characterization, U.S. Bureau ofMines Information Circular 8751, 1977.

9. Walter C. McCrone, Asbestos Particle

Atlas, Ann Arbor: Ann Arbor Science Pub-lishers, June 1980.




924


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 Anysolid, crystalline material will diffract animpingent beam of parallel, monochromaticX-rays whenever Bragg’s Law,

λ = 2d sin q,

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

λ = the X-ray wavelength, A;d = the interplanar spacing of the set of re-

flecting lattice planes, A; andq = the angle of incidence between the X-ray

beam and the reflecting lattice planes.By appropriate orientation of a sample rel-ative to the incident X-ray beam, a diffrac-tion pattern can be generated that, in mostcases, will be uniquely characteristic of boththe chemical composition and structure ofthe crystalline phases present.

Unlike optical methods of analysis, how-ever, XRD cannot determine crystal mor-phology. Therefore, in asbestos analysis,XRD does not distinguish between fibrousand nonfibrous forms of the serpentine andamphibole minerals (Table 2–1). However,when used in conjunction with optical meth-ods such as polarized light microscopy(PLM), XRD techniques can provide a reli-able analytical method for the identificationand characterization of asbestiform mineralsin bulk materials.

For qualitative analysis by XRD methods,samples are initially scanned over limiteddiagnostic peak regions for the serpentine(∼7.4 A) and amphibole (8.2–8.5 A) minerals(Table 2–2). Standard slow-scanning methodsfor bulk sample analysis may be used for ma-terials shown by PLM to contain significantamounts of asbestos (>5–10 percent). Detec-tion of minor or trace amounts of asbestosmay require special sample preparation andstep-scanning analysis. All samples that ex-hibit diffraction peaks in the diagnostic re-gions for asbestiform minerals are submittedto a full (5° –60° 2q; 1° 2q/min) qualitative XRDscan, and their diffraction patterns are com-pared with standard reference powder dif-fraction patterns 3 to verify initial peak as-signments and to identify possible matrixinterferences when subsequent quantitativeanalysis will be performed.

TABLE 2–1—THE ASBESTOS MINERALS AND THEIR NONASBESTIFORM ANALOGS

Asbestiform Nonasbestiform

SERPENTINE

Chrysotile Antigorite, lizardite

AMPHIBOLE

Anthophyllite asbestos Anthophyllite

Cummingtonite-gruneriteasbestos (‘‘Amosite’’)

Cummingtonite-grunerite

Crocidolite Riebeckite

Tremolite asbestos Tremolite

Actinolite asbestos Actinolite

TABLE 2–2—PRINCIPAL LATTICE SPACINGS OF ASBESTIFORM MINERALS A

Minerals

Principal d-spacings (A) and relative inten-sities

JCPDS Powder diffraction file 3 number

Chrysot ile . .. .. .. .. .. .. .. .. . 7.37100 7.36100 ..7.10100 ..

3.6570 3.66802.3380

4.5750 2.4565

3.5570

21–543b 25–64522–1162 (theoretical)

‘ ‘Amosite’’ . .. .. .. .. .. .. .. .. . 8.33100 8.22100 ..

3.0670 3.06085

2.75670

3.2570

17–745 (nonfibrous)27–1170 (UICC)

Anthophyl li te . .. .. .. .. .. .. . 3.05100 3.06100 ..

3.2460 8.3370

8.2655 3.2350

9–45516–401 (synthetic)

Anthophyl li te . .. .. .. .. .. .. . 2.72100 2.54100 3.48080 25–157Crocidoli te . .. .. .. .. .. .. .. .. 8.35100 3.1055 2.72035 27–1415 (UICC)Tremoli te . .. .. .. .. .. .. .. .. .. 8.38100

2.706100 3.13100 ..

3.12100 3.14952.70660

2.70590

8.4340

8.4440

13–437b 20–1310b (synthetic)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 bereferred 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 depend-

ent on particle size distribution, crystallite

size, preferred orientation and matrix ab-

sorption effects, and comparability of stand-

ard 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 rec-

ommended in which, subsequent to

comminution of the bulk material to ∼10 µm

by suitable cryogenic milling techniques, an

accurately known amount of the sample is

deposited on a silver membrane filter. The




925


mass of asbestiform material is determinedby measuring the integrated area of the se-lected diffraction peak using a step-scanningmode, correcting for matrix absorption ef-fects, and comparing with suitable calibra-tion standards. Alternative ‘‘thick-layer’’ orbulk methods, 7,8 may be used for semi-

quantitative analysis.

This XRD method is applicable as a con-firmatory method for identification andquantitation of asbestos in bulk materialsamples that have undergone prior analysisby PLM or other optical methods.

2.2 Range and Sensitivity

The range of the method has not been de-termined.

The sensitivity of the method has not beendetermined. It will be variable and depend-ent upon many factors, including matrix ef-fects (absoprtion and interferences), diag-nostic reflections selected, and their relativeintensities.

2.3 Limitations

2.3.1 Interferences

Since the fibrous and nonfibrous forms ofthe serpentine and amphibole minerals(Table 2–1) are indistinguishable by XRDtechniques unless special sample preparationtechniques and instrumentation are used,9 the presence of nonasbestiform serpentinesand amphiboles in a sample will pose severe

interference problems in the identificationand quantitative analysis of theirasbestiform analogs.

The use of XRD for identification andquantitation of asbestiform minerals in bulksamples may also be limited by the presenceof other interfering materials in the sample.For naturally occurring materials the com-monly associated asbestos-related mineralinterferences can usually be anticipated.However, for fabricated materials the natureof the interferences may vary greatly (Table2–3) and present more serious problems inidentification and quantitation.10 Potentialinterferences are summarized in Table 2–4and include the following:• 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 forchrysotile. Resolution of the primary peakto give good quantitative results may bepossible when a step-scanning mode of op-eration is employed.

• Halloysite has a peak at 3.63 A that inter-feres with the secondary (3.66 A) peak forchrysotile.

• Kaolinite has a major peak at 7.15 A thatmay interfere with the primary peak ofchrysotile at 7.36 A when present at con-centrations of >10 percent. However, thesecondary chrysotile peak at 3.66 A may beused for quantitation.

• Gypsum has a major peak at 7.5 A thatoverlaps the 7.36 A peak of chrysotile whenpresent as a major sample constituent.This may be removed by careful washingwith distilled water, or be heating to 300 °Cto convert gypsum to plaster of paris.

• Cellulose has a broad peak that partiallyoverlaps the secondary (3.66 A) chrysotilepeak.8

• Overlap of major diagnostic peaks of theamphibole asbestos minerals, amosite,anthophyllite, crocidolite, and tremolite,at approximately 8.3 A and 3.1 A causesmutual interference when these mineralsoccur in the presence of one another. Insome instances, adquate resolution may be

attained by using step-scanning methodsand/or by decreasing the collimator slitwidth 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 glassGypsum (CaSO4 · 2H2O)Vermiculite (micas)*PerliteClays (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

BassaniteCarbonate minerals (calcite, dolomite,

vaterite)TalcTremoliteAnthophylliteSerpentine (including chrysotile)AmositeCrocidolite*Mineral wool*Rock wool

*Slag wool*Fiber glassClays (kaolin)MicasChloriteGypsum (CaSO4 · 2H2O)Quartz*Organic binders and thickenersHyrdomagnesiteWollastoniteOpaques (chromite, magnetite inclusions

in serpentine)Hematite (inclusions in ‘‘amosite’’)




926


*Amorphous materials ll contribute onlyto overall scattered radiation and increasedbackground radiation.

TABLE 2–4—INTERFERENCES IN XRD ANALYSIS ASBESTIFORM MINERALS

Asbestiform min-eral

Primarydiag-nosticpeaks

(approxi-mate d-

spacings,in A)

Interference

SerpentineChrysotile 7.4 Nonasbestiform serpentines

(antigorite, lizardite)ChloriteKaoliniteGypsum

3.7 ChloriteHalloysiteCellulose

Amphibole‘‘Amosite’’Anthophyllite "CrocidoliteTremolite

3.1 Nonasbestiform amphiboles(cummingtonite-grunerite,anthophyllite, riebeckite,tremolite)

Mutual interferencesCarbonatesTalc

8.3 Mutual interferences

• Carbonates may also interfere with quan-titative analysis of the amphibole asbestosminerals, amosite, anthophyllite, crocid-olite, and tremolite. Calcium carbonate

(CaCO3) has a peak at 3.035 A˚

that overlapsmajor amphibole peaks at approximately3.1 A when present in concentrations of >5percent. Removal of carbonates with a di-lute acid wash is possible; however, ifpresent, chrysotile may be partially dis-solved by this treatment.11

• A major talc peak at 3.12 A interferes withthe primary tremolite peak at this sameposition and with secondary peaks of cro-cidolite (3.10 A), amosite (3.06 A), andanthophyllite (3.05 A). In the presence oftalc, the major diagnostic peak at approxi-mately 8.3 A should be used for quantita-tion of these asbestiform minerals.The problem of intraspecies and matrix

interferences is further aggravated by thevariability of the silicate mineral powderdiffraction patterns themselves, which oftenmakes definitive identification of the asbes-tos minerals by comparison with standardreference diffraction patterns difficult. Thisvariability results from alterations in thecrystal lattice associated with differences inisomorphous substitution and degree of crys-tallinity. This is especially true for theamphiboles. These minerals exhibit a widevariety of very similar chemical composi-tions, with the result being that their dif-fraction patterns are chracterized by havingmajor (110) reflections of the monoclinicamphiboles and (210) reflections of the

orthorhombic anthophyllite separated byless than 0.2 A. 12

2.3.2 Matrix Effects

If a copper X-ray source is used, the pres-ence of iron at high concentrations in a sam-ple will result in significant X-ray fluores-cence, leading to loss of peak intensity alongwith increased background intensity and anoverall decrease in sensitivity. This situa-tion may be corrected by choosing an X-raysource other than copper; however, this isoften accompanied both by loss of intensityand by decreased resolution of closely spacedreflections. Alternatively, use of a diffractedbeam monochromator will reduce back-ground fluorescent raditation, enablingweaker diffraction peaks to be detected.

X-ray absorption by the sample matrix willresult in overall attenuation of the dif-fracted beam and may seriously interferewith quantitative analysis. Absorption ef-fects may be minimized by using sufficiently‘‘thin’’ samples for analysis. 5,13,14 However,unless absorption effects are known to be thesame for both samples and standards, appro-priate corrections should be made by ref-erencing diagnostic peak areas to an internalstandard 7,8 or filter substrate (Ag) peak. 5,6

2.3.3 Particle Size Dependence

Because the intensity of diffracted X-radi-ation is particle-size dependent, it is essen-tial for accurate quantitative analysis thatboth sample and standard reference mate-

rials have similar particle size distributions.The optimum particle size range for quan-titative analysis of asbestos by XRD hasbeen reported to be 1 to 10 µm.15 Com-parability of sample and standard referencematerial particle size distributions should beverified by optical microscopy (or anothersuitable method) prior to analysis.

2.3.4 Preferred Orientation Effects

Preferred orientation of asbestiform min-erals during sample preparation often posesa serious problem in quantitative analysis byXRD. A number of techniques have been de-veloped for reducing preferred orientation ef-fects in ‘‘thick layer’’ samples. 7,8,15 However,for ‘‘thin’’ samples on membrane filters, thepreferred orientation effects seem to be bothreproducible and favorable to enhancement

of the principal diagnostic reflections of as-bestos minerals, actually increasing theoverall sensitivity of the method. 12,14 (Fur-ther investigation into preferred orientationeffects in both thin layer and bulk samples isrequired.)

2.3.5 Lack of Suitably CharacterizedStandard Materials

The problem of obtaining and character-izing suitable reference materials for asbes-tos analysis is clearly recognized. NIOSH has




927


recently directed a major research effort to-ward the preparation and characterization ofanalytical reference materials, including as-bestos standards; 16,17 however, these are notavailable in large quantities for routineanalysis.

In addition, the problem of ensuring thecomparability of standard reference andsample materials, particularly regardingcrystallite size, particle size distribution,and degree of crystallinity, has yet to beadequately addressed. For example, Langeret al. 18 have observed that in insulating mat-rices, chrysotile tends to break open intobundles more frequently than amphiboles.This results in a line-broadening effect with

a resultant decrease in sensitivity. Unlessthis effect is the same for both standard andsample materials, the amount of chrysotilein the sample will be underestimated byXRD analysis. To minimize this problem, itis recommended that standardized matrix re-duction procedures be used for both sampleand standard materials.

2.4 Precision and Accuracy

Precision of the method has not been de-termined.

Accuracy of the method has not been de-termined.

2.5 Apparatus

2.5.1 Sample Preparation

Sample preparation apparatus require-

ments will depend upon the sample typeunder consideration and the kind of XRDanalysis to be performed.• Mortar and Pestle: Agate or porcelain.• Razor Blades

• Sample Mill: SPEX, Inc., freezer mill orequivalent.

• Bulk Sample Holders

• Silver Membrane Filters: 25-mm diameter,0.45-µm pore size. Selas Corp. of America,Flotronics Div., 1957 Pioneer Road, Hun-tington Valley, PA 19006.

• Microscope Slides

• Vacuum Filtration Apparatus: Gelman No.1107 or equivalent, and side-arm vacuumflask.

• Microbalance

• Ultrasonic Bath or Probe: Model W140,Ultrasonics, Inc., operated at a power den-

sity of approximately 0.1 W/mL, or equiva-lent.

• Volumetric Flasks: 1–L volume.• Assorted Pipettes

• Pipette Bulb

• Nonserrated Forceps

• Polyethylene Wash Bottle

• Pyrex Beakers: 50-mL volume.• Desiccator

• Filter Storage Cassettes

• Magnetic Stirring Plate and Bars

• Porcelain Crucibles

• Muffle Furnace or Low Temperature Asher

2.5.2 Sample Analysis

Sample analysis requirements include anX-ray diffraction unit, equipped with:

• Constant Potential Generator; Voltage and

mA Stabilizers

• Automated Diffractometer with Step-Scanning

Mode

• Copper Target X-Ray Tube: High intensity,

fine focus, preferably.

• X-Ray Pulse Height Selector

• X-Ray Detector (with high voltage powersupply): Scintillation or proportional

counter.

• Focusing Graphite Crystal Monochromator; or

Nickel Filter (if copper source is used, andiron fluorescence is not a serious problem).

• Data Output Accessories:

• Strip Chart Recorder

• Decade Scaler/Timer

• Digital Printer

• Sample Spinner (optional).

• Instrument Calibration Reference Specimen:

a-quartz reference crystal (Arkansas

quartz standard, #180–147–00, Philips Elec-tronics 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 referencematerials that are comparable to sample ma-

terials being analyzed.

• Chrysotile: UICC Canadian, or NIEHS

Plastibest. (UICC reference materialsavailable from: UICC, MRC Pneumo-

coniosis Unit, Llandough Hospital,

Penarth, Glamorgan, CF61XW, UK).

• Crocidolite: UICC

• Amosite: UICC

• Anthophyllite: UICC

• Tremolite Asbestos: Wards Natural Science

Establishment, Rochester, N.Y.; Cyprus

Research Standard, Cyprus Research, 2435Military Ave., Los Angeles, CA 90064

(washed with dilute HCl to remove small

amount of calcite impurity); Indiatremolite, Rajasthan State, India.

• Actinolite Asbestos

2.6.2 Adhesive

Tape, petroleum jelly, etc. (for attachingsilver membrane filters to sample holders).

2.6.3 Surfactant

1 percent aerosol OT aqueous solution orequivalent.

2.6.4 Isopropanol

ACS Reagent Grade.




928


2.7 Procedure

2.7.1 Sampling

Samples for analysis of asbestos contentshall be collected as specified in EPA Guid-ance Document #C0090, Asbestos-Containing

Materials in School Buildings.10

2.7.2 Analysis

All samples must be analyzed initially forasbestos content by PLM. XRD should beused as an auxiliary method when a second,independent analysis is requested.

NOTE: Asbestos is a toxic substance. Allhandling of dry materials should be per-

formed in an operating fume hood.

2.7.2.1 Sample Preparation

The method of sample preparation requiredfor XRD analysis will depend on: (1) The con-dition of the sample received (sample size,homogeneity, particle size distribution, andoverall composition as determined by PLM);and (2) the type of XRD analysis to be per-formed (qualitative, quantitative, thin layeror bulk).

Bulk materials are usually received asinhomogeneous mixtures of complex com-position with very wide particle size dis-tributions. Preparation of a homogeneous,representative sample from asbestos-con-taining materials is particularly difficult be-cause the fibrous nature of the asbestos min-erals inhibits mechanical mixing and stir-

ring, and because milling procedures maycause adverse lattice alterations.

A discussion of specific matrix reductionprocedures is given below. Complete methodsof sample preparation are detailed in Sec-tions 2.7.2.2 and 2.7.2.3.

NOTE: All samples should be examined mi-croscopically before and after each matrixreduction step to monitor changes in sampleparticle size, composition, and crystallinity,and to ensure sample representativeness andhomogeneity for analysis.

2.7.2.1.1 Milling— Mechanical milling ofasbestos materials has been shown to de-crease fiber crystallinity, with a resultantdecrease in diffraction intensity of the speci-men; the degree of lattice alteration is re-lated to the duration and type of millingprocess. 19,22 Therefore, all milling timesshould be kept to a minimum.

For qualitative analysis, particle size is notusually of critical importance and initialcharacterization of the material with a min-imum of matrix reduction is often desirableto document the composition of the sampleas received. Bulk samples of very large par-ticle size (>2–3 mm) should be comminutedto ∼100 µm. A mortar and pestle can some-times be used in size reduction of soft orloosely bound materials though this maycause matting of some samples. Such sam-

ples may be reduced by cutting with a razorblade in a mortar, or by grinding in a suit-able mill (e.g., a microhammer mill or equiv-alent). When using a mortar for grinding orcutting, the sample should be moistenedwith ethanol, or some other suitable wettingagent, to minimize exposures.

For accurate, reproducible quantitative

analysis, the particle size of both sample andstandard materials should be reduced to ∼10µm (see Section 2.3.3). Dry ball milling at liq-uid nitrogen temperatures (e.g., Spex FreezerMill, or equivalent) for a maximum time of10 min. is recommended to obtain satisfac-tory particle size distributions while pro-tecting the integrity of the crystal lattice. 5

Bulk samples of very large particle size mayrequire grinding in two stages for full matrixreduction to <10 µm. 8,16

Final particle size distributions should al-ways be verified by optical microscopy or an-other suitable method.

2.7.2.1.2 Low temperature ashing —For ma-terials shown by PLM to contain largeamounts of gypsum, cellulosic, or other or-ganic materials, it may be desirable to ashthe samples prior to analysis to reduce back-ground radiation or matrix interference.Since chrysotile undergoes dehydroxylationat temperatures between 550 °C and 650 °C,with subsequent transformation toforsterite,23,24 ashing temperatures should bekept below 500 °C. Use of a low temperatureasher is recommended. In all cases, calibra-tion of the oven is essential to ensure that a

maximum ashing temperature of 500 °C is notexceeded.

2.7.2.1.3 Acid leaching —Because of the in-terference caused by gypsum and some car-bonates in the detection of asbestiform min-erals by XRD (see Section 2.3.1), it may benecessary to remove these interferents by asimple acid leaching procedure prior to anal-ysis (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 ona representative, homogeneous portion of thesample with a minimum of sample treat-ment.

1. Grind and mix the sample with a mortarand pestle (or equivalent method, see Sec-tion 2.7.2.1.1.) to a final particle size suffi-

ciently small (∼100 µm) to allow adequatepacking into the sample holder.2. Pack the sample into a standard bulk

sample holder. Care should be taken to en-sure that a representative portion of themilled sample is selected for analysis. Par-ticular care should be taken to avoid pos-sible size segregation of the sample. (Note:Use of a back-packing method 25 of bulk sam-ple preparation may reduce preferred ori-entation effects.)

3. Mount the sample on the diffractometerand scan over the diagnostic peak regions for




929


the serpentine (∼67.4 A) and amphibole (8.2–8.5 A) minerals (see Table 2–2). The X-ray dif-fraction equipment should be optimized forintensity. A slow scanning speed of 1° 2q/minis recommended for adequate resolution. Useof a sample spinner is recommended.

4. Submit all samples that exhibit diffrac-tion peaks in the diagnostic regions forasbestiform minerals to a full qualitativeXRD scan (5° –60° 2q; 1°2q/min) to verify initialpeak assignments and to identify potentialmatrix interferences when subsequent quan-titative analysis is to be performed.

5. Compare the sample XRD pattern withstandard reference powder diffraction pat-terns (i.e., JCPDS powder diffraction data 3 or those of other well-characterized ref-erence materials). Principal lattice spacingsof asbestiform minerals are given in Table 2–2; common constituents of bulk insulationand wall materials are listed in Table 2–3.

2.7.2.2.2 Detection of minor or trace constitu-

ents— Routine screening of bulk materialsby XRD may fail to detect small concentra-tions (<5 percent) of asbestos. The limits ofdetection will, in general, be improved if ma-trix absorption effects are minimized, and ifthe sample particle size is reduced to the op-timal 1 to 10 µm range, provided that thecrystal lattice is not degraded in the millingprocess. Therefore, in those instances whereconfirmation of the presence of anasbestiform mineral at very low levels is re-quired, or where a negative result from ini-tial screening of the bulk material by XRD

(see Section 2.7.2.2.1) is in conflict with pre-vious PLM results, it may be desirable toprepare the sample as described for quan-titative analysis (see Section 2.7.2.3) andstep-scan over appropriate 2q ranges of se-lected diagnostic peaks (Table 2–2). Accuratetransfer of the sample to the silver mem-brane filter is not necessary unless subse-quent quantitative analysis is to be per-formed.

2.7.2.3 Quantitative Analysis

The proposed method for quantitation ofasbestos in bulk samples is a modification ofthe NIOSH-recommended thin-layer methodfor chrysotile in air. 5 A thick-layer or bulkmethod involving pelletizing the sample maybe used for semiquantitative analysis; 7,8 however, this method requires the additionof an internal standard, use of a speciallyfabricated sample press, and relatively largeamounts of standard reference materials. Ad-ditional research is required to evaluate thecomparability of thin- and thick-layer meth-ods for quantitative asbestos analysis.

For quantitative analysis by thin-layermethods, the following procedure is rec-ommended:

1. Mill and size all or a substantial rep-resentative portion of the sample as outlinedin Section 2.7.2.1.1.

2. Dry at 100 °C for 2 hr; cool in a desic-cator.

3. Weigh accurately to the nearest 0.01 mg.4. Samples shown by PLM to contain large

amounts of cellulosic or other organic mate-rials, gypsum, or carbonates, should be sub-mitted to appropriate matrix reduction pro-cedures described in Sections 2.7.2.1.2 and2.7.2.1.3. After ashing and/or acid treatment,repeat the drying and weighing proceduresdescribed above, and determine the percentweight loss; L.

5. Quantitatively transfer an accuratelyweighed amount (50–100 mg) of the sample toa 1–L volumetric flask with approximately200 mL isopropanol to which 3 to 4 drops of

surfactant have been added.6. Ultrasonicate for 10 min at a power den-

sity of approximately 0.1 W/mL, to dispersethe 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 fil-

tration apparatus, apply a vacuum, and at-tach the reservoir. Release the vacuum andadd several milliliters of isopropanol to thereservoir. Vigorously hand shake the asbes-tos suspension and immediately withdraw analiquot from the center of the suspension sothat total sample weight, WT, on the filterwill be approximately 1 mg. Do not adjustthe volume in the pipet by expelling part ofthe suspension; if more than the desired ali-quot is withdrawn, discard the aliquot and

resume the procedure with a clean pipet.Transfer the aliquot to the reservoir. Filterrapidly under vacuum. Do not wash the res-ervoir walls. Leave the filter apparatusunder vacuum until dry. Remove the res-ervoir, release the vacuum, and remove thefilter with forceps. (Note: Water-soluble ma-trix interferences such as gypsum may be re-moved at this time by careful washing of thefiltrate with distilled water. Extreme careshould be taken not to disturb the sample.)

10. Attach the filter to a flat holder with asuitable adhesive and place on the diffrac-tometer. Use of a sample spinner is rec-ommended.

11. For each asbestos mineral to bequantitated select a reflection (or reflec-tions) that has been shown to be free frominterferences by prior PLM or qualitative

XRD analysis and that can be used unambig-uously as an index of the amount of materialpresent in the sample (see Table 2–2).

12. Analyze the selected diagnostic reflec-tion(s) by step scanning in increments of0.02° 2q for an appropriate fixed time and in-tegrating the counts. (A fixed count scanmay be used alternatively; however, themethod chosen should be used consistentlyfor all samples and standards.) An appro-priate scanning interval should be selectedfor each peak, and background correctionsmade. For a fixed time scan, measure the




930


background on each side of the peak for one-half the peak-scanning time. The net inten-sity, Ia, is the difference between the peak in-tegrated count and the total backgroundcount.

13. Determine the net count, IAg, of the fil-ter 2.36 A silver peak following the procedurein step 12. Remove the filter from the holder,reverse it, and reattach it to the holder. De-termine the net count for the unattenuatedsilver peak, IAg. Scan times may be less formeasurement of silver peaks than for samplepeaks; however, they should be constant

throughout the analysis.14. Normalize all raw, net intensities (to

correct for instrument instabilities) by ref-

erencing them to an external standard (e.g.,the 3.34 A peak of an a-quartz reference crys-tal). After each unknown is scanned, deter-mine the net count, I r, of the reference speci-men following the procedure in step 12. De-termine the normalized intensities by divid-ing the peak intensities by I r:

2.8 Calibration

2.8.1 Preparation of Calibration Standards

1. Mill and size standard asbestos materialsaccording to the procedure outlined in Sec-tion 2.7.2.1.1. Equivalent, standardized matrix

reduction and sizing techniques should be used for both standard and sample materials.

2. Dry at 100 °C for 2 hr; cool in a desic-cator.

3. Prepare two suspensions of each stand-ard in isopropanol by weighing approxi-mately 10 and 50 mg of the dry material tothe nearest 0.01 mg. Quantitatively transfereach to a 1–L volumetric flask with approxi-mately 200 mL isopropanol to which a fewdrops of surfactant have been added.

4. Ultrasonicate for 10 min at a power den-sity of approximately 0.1 W/mL, to dispersethe 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 ana-

lytical range, using appropriate aliquots ofthe 10 and 50 mg/L suspensions and the fol-lowing procedure.

Mount a silver membrane filter on the fil-tration apparatus. Place a few milliliters ofisopropanol in the reservoir. Vigorouslyhand shake the asbestos suspension and im-mediately withdraw an aliquot from the cen-ter of the suspension. Do not adjust the vol-ume in the pipet by expelling part of the sus-pension; if more than the desired aliquot iswithdrawn, discard the aliquot and resumethe procedure with a clean pipet. Transfer

the aliquot to the reservoir. Keep the tip ofthe pipet near the surface of the isopropanol.Filter rapidly under vacuum. Do not washthe sides of the reservoir. Leave the vacuumon for a time sufficient to dry the filter. Re-lease the vacuum and remove the filter withforceps.

2.8.2 Analysis of Calibration Standards

1. Mount each filter on a flat holder. Per-form step scans on selected diagnostic reflec-tions of the standards and reference speci-men using the procedure outlined in Section2.7.2.3, step 12, and the same conditions asthose used for the samples.

2. Determine the normalized intensity foreach peak measured, Istd, as outlined in Sec-tion 2.7.2.3, step 14.

2.9 Calculations

For each asbestos reference material, cal-culate the exact weight deposited on eachstandard filter from the concentrations ofthe standard suspensions and aliquot vol-umes. Record the weight, w, of each stand-ard. Prepare a calibration curve by regress-ing I2std on w. Poor reproducibility (±15 per-cent RSD) at any given level indicates prob-lems in the sample preparation technique,and a need for new standards. The datashould fit a straight line equation.

Determine the slope, m, of the calibrationcurve in counts/microgram. The intercept, b,of the line with the I std axis should be ap-

proximately zero. A large negative interceptindicates an error in determining the back-ground. This may arise from incorrectlymeasuring the baseline or from interferenceby another phase at the angle of backgroundmeasurement. A large positive intercept in-dicates an error in determining the baselineor that an impurity is included in the meas-ured peak.

Using the normalized intensity, IAg, for theattenuated silver peak of a sample, and thecorresponding normalized intensity from theunattenuated silver peak, IAg, of the samplefilter, calculate the transmittance, T, foreach sample as follows: 26,27

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

-R (ln T)f(T)= llll

l-TR

where




931


sin QAg

R = llll

sin Qa

qAg=angular position of the measured silverpeak (from Bragg’s Law), and

qa=angular position of the diagnostic asbes-tos peak.

Calculate the weight, Wa, in micrograms,of the asbestos material analyzed for in eachsample, using the appropriate calibrationdata and absorption corrections:

Calculate the percent composition, Pa, ofeach asbestos mineral analyzed for in theparent material, from the total sampleweight, WT, on the filter:

Wa(1-.01L)Pa = llll — x 100

WT

where

Pa=percent asbestos mineral in parent mate-rial;

Wa=mass of asbestos mineral on filter, in µg;

WT=total sample weight on filter, in µg;

L=percent weight loss of parent material on

ashing and/or acid treatment (see Section2.7.2.3).

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, NewYork: McGraw-Hill, 1958.

3. JCPDS-International Center for Diffraction

Data Powder Diffraction File, U.S. Depart-ment of Commerce, National Bureau ofStandards, and Joint Committee on PowderDiffraction Studies, Swarthmore, PA.

4. W. J. Campbell, C. W. Huggins, and A. G.Wylie, Chemical and Physical Characterization

of Amosite, Chrysotile, Crocidolite, and Non-

fibrous Tremolite for National Institute of Envi-

ronmental Health Sciences Oral Ingestion Stud-

ies, U.S. Bureau of Mines Report of Inves-tigation RI8452, 1980.

5. B. A. Lange and J. C. Haartz, Determina-tion of microgram quantities of asbestos byX-ray diffraction: Chrysotile in thin dustlayers 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., Quan-titative determination of chrysotile in build-ing materials, The Microscope, 29(1), 1981.

8. M. Taylor, Methods for the quantitativedetermination of asbestos and quartz in bulksamples using X-ray diffraction, The Analyst,

103(1231):1009–1020, 1978.

9. L. Birks, M. Fatemi, J. V. Gilfrich, andE. T. Johnson, Quantitative Analysis of Air-

borne Asbestos by X-ray Diffraction, Naval Re-search Laboratory Report 7879, Naval Re-search Laboratory, Washington, DC, 1975.

10. U.S. Environmental Protection Agency,Asbestos-Containing Materials in School Build-

ings: 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 (NBSSpecial Publication 506), C. C. Gravatt, P. D.LaFleur, and K. F. Heinrich (eds.), Wash-ington, DC: National Measurement Labora-tory, National Bureau of Standards, 1977(issued 1978).

12. H. D. Stanley, The detection and identi-fication of asbestos and asbesti-form min-erals in talc, pp. 325–337, in Proceedings of

Workshop on Asbestos: Definitions and Meas-

urement Methods (NBS Special Publication506), C. C. Gravatt, P. D. LaFleur, and K. F.Heinrich (eds.), Washington, DC, NationalMeasurement Laboratory, National Bureauof Standards, 1977 (issued 1978).

13. A. L. Rickards, Estimation of traceamounts of chrysotile asbestos by X-ray dif-fraction, Anal. Chem., 44(11):1872–3, 1972.

14. P. M. Cook, P. L. Smith, and D. G. Wil-son, Amphibole fiber concentration and de-termination for a series of community airsamples: use of X-ray diffraction to supple-ment electron microscope analysis, in: Elec-

tron Microscopy and X-ray Applications to En-

vironmental and Occupation Health Analysis,

P. A. Russell and A. E. Hutchings (eds.), AnnArbor: Ann Arbor Science Publications, 1977.

15. A. N. Rohl and A. M. Langer, Identifica-tion and quantitation of asbestos in talc, En-

viron. 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) Publica-tion No. 79–139, June 1979.

17. J. C. Haartz, B. A. Lange, R. G. Draftz,and R. F. Scholl, Selection and characteriza-tion of fibrous and nonfibrous amphiboles foranalytical methods development, pp. 295–312,in: Proceedings of Workshop on Asbestos: Defi-

nitions and Measurement Methods (NBS Spe-cial Publication 506), C. C. Gravatt, P. D. La-Fleur, and K. F. Heinrich (eds.), Washington,DC: National Measurement Laboratory, Na-tional Bureau of Standards, 1977 (issued1978).

18. Personal communication, A. M. Langer,Environmental Sciences Laboratory, Mount




40 CFR Ch. I (7–1–11 Edition)§ 763.120

Sinai School of Medicine of the City Univer-sity of New York, New York, New York.

19. A. M. Langer, M. S. Wolff, A. N. Rohl,and I. J. Selikoff, Variation of properties ofchrysotile 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 investigationof asbestos fibers, Environ. Health Perspect.,

9:63–80, 1974.21. E. Occella and G. Maddalon, X-ray dif-

fraction characteristics of some types of as-bestos in relation to different techniques ofcomminution, Med. Lavoro, 54(10):628–636,1963.

22. K. R. Spurny, W. Stober, H. Opiela, and

G. Weiss, On the problem of milling and ul-trasonic treatment of asbestos and glass fi-bers in biological and analytical applica-tions, 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 differentialthermal 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 WorkerProtection

SOURCE: 65 FR 69216, Nov. 15, 2000, unlessotherwise noted.

§ 763.120 What is the purpose of thissubpart?

This subpart protects certain Stateand local government employees whoare not protected by the Asbestos

has exempted from the requirements ofthis subpart under §763.123, you mustfollow the requirements of this subpartto protect your employees from occu-pational exposure to asbestos.

§ 763.122 What does this subpart re-quire me to do?

If you are a State or local govern-ment employer whose employees per-form:

(a) Construction activities identifiedin 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 Di-rector, National Program ChemicalsDivision (7404), Office of Pollution Pre-vention and Toxics, EnvironmentalProtection Agency, 1200 PennsylvaniaAve., NW., Washington, DC 20460.

(b) Custodial activities not associ-ated with the construction activitiesidentified in 29 CFR 1926.1101(a), youmust comply with the OSHA standardsin 29 CFR 1910.1001.

(c) Repair, cleaning, or replacementof asbestos-containing clutch platesand brake pads, shoes, and linings, orremoval of asbestos-containing residue

from brake drums or clutch housings,you must comply with the OSHAstandards in 29 CFR 1910.1001.

§ 763.123 May a State implement itsown asbestos worker protectionplan?

This section describes the processunder which a State may be exemptedfrom the requirements of this subpart.

(a) States seeking an exemption. If yourState wishes to implement its own as-bestos worker protection plan, ratherthan complying with the requirements

Documents

CFR 2011 Title40 Vol31 Part763 SubpartE