[Federal Register Volume 60, Number 125 (Thursday, June 29, 1995)]
[Rules and Regulations]
[Pages 33974-34002]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-15489]
[[Page 33973]]
_______________________________________________________________________
Part III
Department of Labor
_______________________________________________________________________
Occupational Safety and Health Administration
_______________________________________________________________________
29 CFR Part 1910, et al.
Occupational Exposure to Asbestos; Corrections; Final Rule
Federal Register / Vol. 60, No. 125 / Thursday, June 29, 1995 / Rules
and Regulations
[[Page 33974]]
DEPARTMENT OF LABOR
Occupational Safety and Health Administration
29 CFR Parts 1910, 1915, and 1926
RIN 1218-AB25
Occupational Exposure to Asbestos; Corrections
AGENCY: Occupational Safety and Health Administration, Department of
Labor.
ACTION: Corrections to final rule.
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SUMMARY: The Occupational Safety and Health Administration (OSHA) is
correcting and clarifying the preamble to, and correcting certain
provisions of the final asbestos standards issued August 10, 1994 (59
FR 40964, 29 CFR 1910.1001, 1915.1001, and 1926.1101).
EFFECTIVE DATE: June 29, 1995.
FOR FURTHER INFORMATION CONTACT: Mr. Richard Liblong, Director of
Information and Consumer Affairs, Occupational Safety and Health
Administration, U.S. Department of Labor, Room N3647, 200 Constitution
Avenue, NW., Washington, DC 20210, telephone (202) 219-8151.
SUPPLEMENTARY INFORMATION:
Background
On August 10, 1994 OSHA revised its final asbestos standards in
general industry and construction and issued a new shipyard employment
standard. Subsequently, technical and typographical errors were
discovered in both the preamble and regulatory text. Additionally,
members of the regulated public have asked OSHA to clarify, correct, or
reconsider certain regulatory provisions.
To address these problems, OSHA has made a number of corrections to
both the standard and the preamble. The corrections to the standards
include (1) correction of typographical errors; (2) corrections that
clarify the agency's intent but do not change the substantive
requirements imposed by the standard; and (3) corrections intended to
better effectuate the agency's intent when it issued the standard. All
these corrections to the standard are deemed to be ``minor'' amendments
within the meaning of 29 CFR 1911.5. Because the corrections are based
on the existing rulemaking record and are not intended to affect the
protection afforded by the standard in a significant way, OSHA finds
good cause, pursuant to 29 CFR 1911.5 and the Administrative Procedure
Act, for promulgating the corrections without notice and opportunity
for public comment.
The discussion which follows is organized by subject matter, not by
paragraph number alone. As in the preamble to the revised standards,
each of the standards, general industry, construction, and shipyards,
contain overlapping, comparable, and in some cases identical provisions
covering various subject headings. However, the general industry
standard's paragraph designations differ. In this preamble OSHA is
separately discussing, topic by topic, all clarifications which are in
the nature of preamble changes, as well as corrections and technical
amendments concerning that topic. This way, the reader can be apprised
of all changes and clarifications on a particular topic at one time.
OSHA is not including in these discussions those corrections to the
text which are typographical in nature and which are self-explanatory.
1. Definitions
Paragraph (b) Construction and Shipyards Employment Standards.
OSHA is amending its definition of ``disturbance'' in order to
clarify it to reflect the Agency's original intent. OSHA has found its
unamended definition confusing to the regulated community. This will
eliminate some terminology, such as use of the word ``contact'' to
describe both Class III and IV operations. Thus, disturbance becomes
the operational term to distinguish a Class III operation; while
``contact'' (without ``disturbance'') distinguishes Class IV. (See also
the discussion clarifying Class IV operations in this document.) The
first sentence of the definition now clearly specifies that a
disturbance entails ``activities that disrupt the matrix of ACM or
PACM, crumble or pulverize ACM or PACM, or generates visible debris
from ACM or PACM.'' OSHA also clarifies that work involving dust that
is accompanied by debris in the presence of asbestos containing
material, must be treated as an asbestos job. OSHA does not believe
that this clarification substantively alters the requirements or the
intended worker protection of its job classification scheme. Thus, mere
``contact'' with asbestos is clearly not a Class III activity. The
inclusion of the phrase ``disrupt the matrix'' in the definition allows
inclusion of other, undefined operations which might also result in
release of fibers from the material in which they are embedded.
OSHA is correcting the General Industry Standard to include certain
definitions inadvertently omitted from the August 10, 1994 publication
of the final rule. These include definitions for the following terms:
Certified Industrial Hygienist, homogeneous area, presumed asbestos
containing material, surfacing material, surfacing ACM, thermal system
insulation and thermal system insulation ACM. The added definitions are
consistent with those in the Construction and Shipyard Employment
Standards.
Class IV Work: OSHA has made minor clarifications to the definition
of Class IV as it applies in the construction and shipyard employment
standards. They more fully realize OSHA's intent in creating this class
of work, distinguish it from housekeeping under the general industry
standard, and expressly limit its scope to accepted ``construction''
activities. The definition now reads: ``Class IV asbestos work means
maintenance and custodial construction activities during which
employees contact but do not disturb ACM or PACM and activities to
clean up dust, waste and debris resulting from Class I, II and III
activities.'' Because work under the construction standard must be
related to and on the worksite of a construction job, the definition
now specifies that Class IV work which is ``clean-up'' must result from
Class I, II and III work. In addition, to distinguish Class IV from
Class III work, the definition now states that maintenance activities
are Class IV only if employees ``contact, but do not disturb'' ACM or
PACM. It should be noted that housekeeping activities in the general
industry standard in some cases might include clean-up of asbestos
containing materials, however in the absence of a construction job or
site, this clean-up is not a construction activity. OSHA notes however,
that use of wet methods, HEPA vacuums and immediate clean-up are
required for these activities in all cases. The Agency believes that
these changes will allow employers and employees to more easily
distinguish Class IV from Class III activities. The Agency is confident
that these changes will not weaken employee protection. In fact, by
clarifying which activities must be treated as Class IV, OSHA believes
enforcement will be facilitated, and the level of compliance will rise.
2. Regulated Areas
Several questions have arisen among participants about the need for
regulated areas when Class II or III work is performed for which a
negative exposure assessment is produced. OSHA continues to believe
that it is necessary to assure that by-standers are protected from
unwittingly entering areas where the carcinogen asbestos is being
disturbed. OSHA wishes to clarify, however, that when the employer can
show that which work is performed by properly trained and informed
workers in areas to which no other workers have access, OSHA does
[[Page 33975]]
not believe that demarcation of the area is necessary and therefore, is
not required.
3. Exposure Assessments and Monitoring
Paragraph (f) Construction and Shipyard Employment Standards.
In response to the concerns of participants, OSHA is clarifying,
but not further amending (f)(2)(iii). Some parties have expressed the
view that the distinction between the use of historical data and
objective data needs additional clarification. In the 1994 final rule,
the definition of objective data was changed from that of the 1986
standard to include activities, as well as products, for which a
demonstration is made that operations involving the products and/or
activities will not result in fiber levels in excess of the PELs. For
example, in a facility such as a refinery, gasket removal is a frequent
operation due to the large number of pipe joints. If the employer has
monitored these jobs in the past and has collected sufficient data to
conclude that this activity will not result in fiber levels in excess
of the PELs even when improper work practices and lesser trained
personnel are used, it may be concluded that the objective data
criteria have been met, in which case, further monitoring is not
required.
These data must include situations performed under those work
conditions having the greatest potential for releasing asbestos fibers,
such as in the example above, where the gasket is difficult to remove
fully or where the crew is inexperienced. OSHA believes that
``objective data'' determinations require basic statistical analysis.
At the least, the prior data depended on cannot be the result of
chance. Data reflecting the results of many jobs and/or employees are
likely to provide adequate data on which to base ``objective data''
determinations. Certainly, when many different employer's employees
have performed a particular task, and levels consistently fall below
the PEL, it is likely that future jobs will also fall below the PEL.
In requiring objective data determinations to include the worst-
case situation, OSHA does not intend to render this an impossible
requirement to meet. Rather, as described earlier, the monitoring
results from the situations which the employer has encountered in the
activity must be included in the information used by the competent
person in evaluation of the job. Therefore, using the earlier example,
even if a gasket removal was performed in the past using improper work
practices which resulted in elevated fiber levels, and the current job
is to be performed correctly in compliance with the standard, this job
can still meet the objective data criteria if additional data clearly
supports its low exposure potential. The employer is not expected to
contrive unlikely scenarios, monitor them and conclude that an
objective data exemption cannot be claimed. The judgment of a trained,
experienced competent person is essential to making this determination.
OSHA anticipates wider use of this exemption in situations where it is
warranted.
The extent to which objective data documents the effectiveness of
controls will vary depending upon the potential for fiber release. A
job with very low exposures, for examples, less than 0.01 f/cc, with
simple work practices and little potential for control failure, will
need minimal data. However, due to the high potential for fiber release
from thermal system insulation and surfacing ACM, OSHA has found that
the objective data exemption from monitoring of Class I operations may
not be relied on, regardless of the control method used (59 FR p.
40983). For example, in the case of glovebag removals of Class I
materials, only historic data may be used in the exposure assessment by
the competent person. OSHA continues to believe that annual monitoring
is needed to assure the continued effectiveness of control of fiber
levels in jobs involving removal of significant amounts of thermal
system ACM and surfacing ACM.
OSHA has not specified the number of personal monitoring data
points required to make these determinations. Rather, it relies on the
training and experience of the competent person to use good judgment in
assessing each operation to determine the ability of the data to
predict potential exposure of workers in that specific job.
4. Methods of Compliance
Paragraph (g) Construction and Shipyard Employment standards.
OSHA is clarifying the language in paragraph (g)(4)(ii) to reflect
the Agency's intention that outdoor Class I work performed in areas
where no employees are working in the adjacent area a need not utilize
critical barriers, nor is perimeter monitoring required during such
work when control methods in (g)(5) are properly used. Several
participants submitted data indicating low levels of fibers were
measured during outdoor activities (e.g., Ex.7-39 and Ex. 127).
OSHA is clarifying paragraph (g)(5)(ii) of the construction and
shipyards standards to explain when glovebag use is allowed. OSHA
allowed glovebags to be used in Class I operations or removal of TSI
from ``straight runs of piping''. OSHA was concerned that the seal of
the bags would be stressed if bags were used to remove TSI from
structures whose configurations made attachment difficult and
unreliable. Therefore, the provision limited glove bag use to
``straight runs'' of piping, clearly a configuration which bags were
manufactured to fit. The Agency did not intend that glove bags could
not be used to remove TSI from connecting members, joints, elbows and
valves which connect and attach to asbestos-covered pipes, if they too,
are manufactured and designed to be used for that purpose. These
corrections change the regulatory text in paragraph (g)(5)(ii) of the
construction and shipyard standards to add that glovebags may be used
on connecting configurations so long as they are designed for that
purpose, used as designed, and not modified.
In response to concerns expressed by participants, OSHA wishes to
clarify (g)(6)(iii) in which a licensed engineer or certified
industrial hygienist is required to consider worst-case conditions in
determining the adequacy of a alternate method to control asbestos
exposure in Class I operations. ``Worst-case conditions'' do not
include every imaginable scenario, but the worst case is one which can
reasonably be expected to be encountered in use of the method. For
example, in the case of a power failure, would the control method
remain capable of containing the fibers and continue to control
exposure? What would be expected if all workers using the method were
newly trained? These considerations should include circumstances
reasonably expected to occur. The certifying hygienist or engineer is
not required to make the determination with absolute and unreasonable
certainty. OSHA intends that allowing the use of alternate effective
control methods will promote the development of new technologies.
Roofing: After the standard was issued, the National Roofing
Contractors Association (NRCA) filed a petition with OSHA asking that a
number of provisions of the standard be reconsidered or clarified
insofar as they applied to roofing operations. Upon examining NRCA's
petition in light of the rulemaking record, OSHA has determined that
certain corrections and clarifications to the standard would ease
compliance burdens on roofing contractors and avoid creating safety
hazards without significantly increasing the amount of asbestos to
which roofing workers are exposed. OSHA also
[[Page 33976]]
determined that certain corrections and interpretations were needed to
clarify the agency's original intent as to the meaning of the standard.
OSHA also believes that the meritorious recommendations of the petition
are properly responded to by the following corrections and
clarifications.
(a) Removal of intact cements, coatings, mastics, and flashings.
The original standard classified all removals of asbestos-
containing material from roofs as Class II operations. This
classification was based on OSHA's evaluation of the risk associated
with removal from roofs of asbestos-containing built-up roofing and
removal of asbestos-cement (A/C) shingles. Such jobs were assigned the
Class II designation because the large quantity of asbestos-containing
material on such roofs dictated that care had to be taken to assure
that substantial numbers of asbestos fibers were not released by the
removal techniques used or by the manner in which the material was
handled after removal.
On many roofs, the shingles or built-up roofing do not contain
asbestos but asbestos is present in the form of cements, mastics,
coatings, and flashings. These products are not the primary roofing
material but are typically used for purposes such as weatherproofing
openings or edges. For example, on a flat roof with a parapet around
the edge, flashing would be used to seal the area where the built-up
roofing meets the parapet. When the only ACM on a roof is in the form
of cements, mastics, coatings, and flashings, the amount of asbestos
present is much less than when the main roofing material contains
asbestos, and the potential for worker exposure is correspondingly
lower. There is still the potential for significant fiber release if
such materials have deteriorated to the point where they are no longer
``intact,'' i.e., where either before or during removal they crumble,
are pulverized, or otherwise become deteriorated to the point where the
asbestos fibers are no longer likely to be bound with their matrix.
However, such materials lose their waterproofing ability, and are
therefore usually replaced, before they have deteriorated to the point
where they are non-intact. Thus, in the usual circumstances when such
materials are intact both before and during removal, the potential for
exposure is low and the full range of precautions required during Class
II work is not needed to protect workers against excessive asbestos
exposure.
Accordingly, OSHA is correcting the standard to provide that
removal of intact cements, mastics, coatings, and flashings is not
Class II work. A new paragraph (g)(11) is being added to the
construction standard that will exclusively govern such removals and is
intended to impose only a few straightforward requirements and
prohibitions that reflect the limited asbestos exposure potential of
such operations. An identical paragraph (g)(12) is being added to the
shipyard employment standard. Under paragraph (g)(11), the material
must not be sanded, abraded, or ground but must be removed using manual
methods that do not render the material non-intact. Material that has
been removed from a roof must not be dropped or thrown to the ground
and must be removed from the roof by the end of the work shift, either
by being carried or passed to the ground by hand or by being lowered to
the ground via covered, dust-tight chute, crane or hoist. Prior to the
start of the job, the material must be examined by a competent person
to determine whether it is intact and is likely to remain intact
throughout the job. And the employees must be trained in the hazards of
asbestos exposure and the proper work practices and prohibitions
applicable to such work. If these conditions are not met, then the job
must be treated as a Class II job.
When cements, mastics, coatings, and flashings are manufactured and
installed, the asbestos fibers are tightly encapsulated by adhesive
bituminous and resinous compounds that effectively prevent the fibers
from being released. In order to provide effective waterproofing, these
materials must retain their adhesive quality over their useful life.
Accordingly, when such materials are intact prior to removal, the use
of commonly used manual methods to remove the material will not result
in significant fiber release. A variety of hand tools are typically
used to remove cements, mastics, coatings, and flashings, including
spud, spade, flat-blade or slicing tools, such as axes, mattocks, pry
bars, spud bars, crow bars, shovels, flat-blade knives, and utility
knives. When these tools are used to slice, cut, strip-off, shear-
under, or pry-up the material, in accordance with standard practice in
the roofing industry, their use is acceptable under new paragraph
(g)(11). If these tools are used in other, unconventional ways which
cause the material to crumble or become pulverized, or if other tools
or methods which render the material non-intact are employed, then new
paragraph (g)(11) does not apply.
Employees working on jobs covered by new paragraph (g)(11) and no
other jobs that are covered by the asbestos standard are not subject to
the special training requirements for Class II, III or IV work
specified in paragraph (k)(9)(iii)-(v). Workers on jobs covered by new
paragraph (g)(11) must, however, be trained in the following topics:
Identification and Recognition of Asbestos-Containing
Roofing Materials
identification of asbestos
Uses in roofing, past and present
Characteristics of asbestos
Potential Health Effects of Asbestos
Nature of asbestos related disease, including latency
and medical tests for identifying asbestos diseases
Routes of exposure
Dose response relationships
Relationship between cigarette smoking and asbestos
exposure and availability of smoking cessation programs
Federal OSHA Construction Asbestos Standard
Overview of standard
Discussion of alternative methods for handling intact
asbestos roof coatings, mastics, cements, and flashings
Discussion of PEL and significant risk
Intact versus Non Intact Materials
Definitions
How to recognize non intact materials
Procedures to be followed when material is found or
becomes non intact
Appropriate Work Practices
Applying mastics, cements, coatings
Manual methods for removing materials
Clean up and waste disposal
The competent persons who inspect jobs covered by new paragraph
(g)(11), and who do not supervise other jobs that are covered by the
asbestos standard, are not subject to the special training requirements
for Class II, III or IV work specified in paragraph (o)(4). Such
competent persons must, however, be knowledgeable in the following
topics in addition to the above topics covered in worker training:
Methods of Determining Presence of Asbestos-Containing
Roofing Material
Understanding and Interpreting Air Monitoring Data
Some states, building owners, etc. require air
monitoring on all ACM projects
Understanding a negative exposure assessment
Notification Requirements--Commercial/Industrial Work Only
In addition to exclusively regulating the removal of intact
cements, mastics, coatings, and flashings, paragraph (g)(11) also
exclusively regulates the installation of ACM on roofs. Because the use
of most asbestos products has been phased out, the only asbestos-
containing products currently being installed on roofs are certain
cements, mastics, and coatings. These materials are installed in a
liquid or semi-liquid state in which the asbestos fibers are
encapsulated in the bituminous or
[[Page 33977]]
resinous binders used in these products, and new paragraph (g)(11)
therefore does not require special work practices to prevent fiber
release during installation. In addition to the requirements that apply
to removal, paragraph (g)(11) contains a notification requirement
applicable to newly-installed products. When materials labeled as
containing asbestos pursuant to paragraph (k)(8) of the standard are
installed on non-residential roofs, the contractor must notify the
building owner of the presence and location of the asbestos-containing
material. Under the standard, building owners must be aware of the
presence of ACM, and this notification requirement will give the
building owner the information needed to fulfill the owner's compliance
duty. The requirement is limited to installation of ACM on non-
residential roofs because owners of residential dwellings are typically
not employers subject to the standard and are therefore not required to
maintain records about the presence of asbestos in their buildings.
Because work on jobs covered by new paragraph (g)(11) is not Class
I, Class II, or Class III work, such work is not included under
paragraph 1101(m)(1)(i) in the determination of which employees are
covered by the medical surveillance provisions of the standard unless
during such jobs employees are exposed at or above the TWA or excursion
limit or wear negative pressure respirators. In addition, the
installation or removal of intact asbestos-containing roof coatings,
mastics, cements and flashings are not subject to any provision of the
standard other than new paragraph (g)(11) as long as the materials
remain intact and the requirements of paragraph (g)(11) are satisfied.
OSHA notes that materials very similar to these ``incidental''
roofing materials are used for other purposes; for example, asbestos
impregnated asphaltic wrap is used for protection of underground pipes.
OSHA regards removal of such intact materials as being governed by
(g)(11) of the construction standard [(g)(12) of the shipyard
employment standard.]
The corrections, clarifications and interpretations that are
discussed in the following sections apply to roofing operations in
which asbestos is present in the primary roofing material, as in the
case of built-up roofing (BUR) and A/C shingle roofs.
(b) Use of Wet Methods and Respirators During Roof Removals
The standard recognizes that wet methods are an important means of
control during asbestos removal operations. When the surface of
material being removed is wet, some asbestos fibers that would
otherwise be released when the material is disturbed will adhere to the
liquid rather than become airborne. Therefore, paragraph (g)(1)(ii)
generally requires that wet methods be used to control worker exposure
to asbestos during removal, as well as other, operations. However,
paragraph (g)(1)(ii) recognizes that wet methods are sometimes
infeasible and provides that wet methods need not be used in such
circumstances. One situation in which paragraph (g)(1)(ii) indicates
that wet methods may be infeasible is when they would create slipping
hazards during roofing work.
This reference to slipping hazards in roofing work was included in
the standard because a number of commenters expressed concern that an
unconditional requirement to use wet methods could increase safety
hazards associated with roofing work. (See 59 FR at 41006). Wetting the
surface of a roof can make the surface slippery and increase the
likelihood that a worker could slip while walking or working on the
roof. This would be particularly dangerous on sloped roofs, where a
slip could result in a worker falling off the edge of the roof. OSHA
recognizes that the potential for falling from a roof makes roofing
work hazardous even under the best of circumstances, and use of wet
methods that make the roof surface slippery can add significantly to
that hazard.
OSHA believes that the potential for increased safety hazards when
wet methods are used on sloped roofs dictates that wet methods should
not be used on sloped roofs unless there is a realistic likelihood that
the TWA or excursion limit would be exceeded if wet methods are not
used. Data in the rulemaking record indicate that exceedances of the
TWA or excursion limit will not occur when the material being removed
is intact and the work practices specified in the standard are
followed. (See 59 FR at 41005). Accordingly, the standard is being
amended to provide that wet methods are not required on sloped roofs
when the ACM being removed is intact.
Two corrections to the standard are being made to effectuate this
intent. Paragraph (g)(1)(ii) is being corrected to state that wet
methods need not be used during roofing work when they are not required
under paragraph (g)(8)(ii). And paragraph (g)(8)(ii)(B) is being
corrected to provide that wet methods must be used to remove roofing
materials that are not intact or that will be rendered not intact
during removal unless wet methods are not feasible or will create
safety hazards. As amended, paragraph (g)(1)(ii) makes clear that
roofing materials are only subject to requirements for wet methods that
are explicitly contained in paragraph (g)(8)(ii). There are two such
requirements. First, paragraph (g)(8)(ii)(B), as amended by this
notice, retains the requirement for use of wet methods to remove non-
intact material unless the competent person determines that wetting the
material is not feasible or would create a safety hazard. Second,
paragraph (g)(8)(ii)(C) requires that cutting machines be continuously
misted during use unless a competent person determines that misting
substantially decreases worker safety. As cutting machines are only
used in the removal of built-up roofing, which is not found on sloped
roofs, the standard does not require the use of wet methods on sloped
roofs when the material being removed is intact.
When wet methods are not used, the increased potential for airborne
asbestos may dictate the need for other precautions, such as respirator
use. Paragraph (h)(1)(iii), as originally written, required use of
respirators during all Class II and Class III work that was not
performed using wet methods, without regard to actual or anticipated
exposure levels. However, respirator use can also increase the safety
hazards associated with roofing work by limiting workers' visibility
and mobility. Moreover, roofing work is sometimes done in hot weather,
which can add to the discomfort associated with respirator use.
Respirator use may also increase the risk that roofing workers
performing the often physically demanding labor required of them during
hot weather will suffer heat stress. OSHA believes that the drawbacks
of respirator use on roofs would lead many roofing contractors to use
wet methods rather than respirators on sloped roofs if one or the other
is required. Therefore, a requirement that either respirators or wet
methods be used would lead to increased use of wet methods on sloped
roofs, with an attendant increase in slipping and falling hazards.
OSHA is reluctant to include a requirement in the standard that
could increase safety hazards during roofing work unless such a
requirement is clearly needed to avoid overexposing workers to airborne
asbestos. As noted above, evidence in the rulemaking record indicates
that asbestos levels will not exceed the TWA or excursion limit when
intact roofing material is removed using proper work practices even
when wet methods are not used. For the reasons discussed earlier, OSHA
has
[[Page 33978]]
therefore concluded that wet methods should not be required during such
removals. OSHA further concludes that employers should not be forced to
choose between wet methods and respirators because such a choice would
undoubtedly lead to use of wet methods in many cases and, even where
respirators are selected, roofing workers would be exposed to increased
safety hazards. Accordingly, paragraph (h)(1)(iii) is being corrected
to provide that even when wet methods are not used on sloped roofs,
respirators need not be worn when a negative exposure assessment has
been made and the ACM is removed in an intact state.
(c) Lowering Removed Material to the Ground
Once asbestos-containing roofing material has been separated from
the roof, it must be lowered to the ground for disposal. Proper
handling of the material, both on the roof and on the ground, is needed
to reduce the release of asbestos fibers. Even when the material is
intact, the large quantity of material that must be moved from the roof
to the ground during a Class II roof removal job dictates that care be
used in the disposal operation. And when material is non-intact, the
potential for release of large numbers of asbestos fibers during
disposal operations requires additional precautions.
As originally written, paragraph (g)(8)(ii)(E) required that any
ACM removed from a roof either be immediately lowered to the ground via
covered, dust-tight chute, crane or hoist, or else be placed in an
impermeable waste bag or wrapped in plastic sheeting and lowered to the
ground no later than the end of the work shift. By oversight, no
distinction was made between intact and non-intact material. To correct
this oversight, OSHA is clarifying the wrapping or bagging requirement
of paragraph (g)(8)(ii)(E) in the case of intact roofing material. As
long as the material is lowered to the ground no later than the end of
the work shift, the employer is no longer required to wrap or bag
intact material while the material remains on the roof. Wrapping or
bagging of intact material is inappropriate for two reasons. First,
wrapping or bagging requires additional handling of the material and
could increase the likelihood of asbestos fiber release, particularly
in the case of large sections of built-up roofing, which can be
difficult to wrap or bag. Second, wrapping or bagging increases the
time required for the job and would thereby increase the time during
which workers are exposed to the safety hazards associated with roofing
work. OSHA believes that, when ACM that has been removed from a roof is
intact, there is little potential for fiber release if the material
remains undisturbed on the roof for a short time.
For non-intact material, however, the potential for significant
fiber release requires some means of protection if the material is not
immediately lowered to the ground. To minimize fiber release from non-
intact material while it remains on the roof, paragraph (g)(8)(ii)(E)
requires that such material either be kept wet, wrapped, or bagged if
the material is not immediately lowered to the ground. The option to
keep the material wet was not available under the original version of
the standard. However, keeping the material wet will minimize fiber
release and will avoid the need the additional handling required when
the material is wrapped or bagged. Although wetting may sometimes not
be feasible, there is no reason not to allow its use as an alternative
to wrapping or bagging in those situations where it is feasible.
As corrected, paragraph (g)(8)(ii)(E) allows material to be carried
or passed to the ground by hand as an alternative to being lowered by
means of a dust-tight chute, crane or hoist. This gives employers
additional flexibility in situations where manual lowering is feasible.
For example, some roofing jobs may involve removal of amounts of ACM
sufficiently small that the most feasible method of lowering the
material to the ground may be to have it carried off the roof by a
worker. Also, where the roof is not too high off the ground, it may be
feasible to pass the material to the ground from hand to hand. As long
as the material is not dropped or thrown to the ground, OSHA does not
wish to prohibit use of lowering methods that do not give rise to the
potential for significant fiber release.
Two technical amendments dealing with disposal of asbestos-
containing roofing material are also being made. Paragraph (l)(2), the
general provision for disposing of asbestos waste, is being corrected
to state explicitly that the specific requirements for disposal of
roofing waste in paragraph (g)(8)(ii) apply in lieu of the general
requirement of paragraph (l)(2). And paragraph (g)(1)(iii), which
generally requires prompt clean-up and disposal of asbestos waste and
debris in leak-tight containers, is similarly being corrected to state
that the specific provisions for clean-up and disposal of roofing waste
in paragraph (g)(8)(ii) are exclusive. Thus, disposal of roofing waste
is governed exclusively by paragraph (g)(8)(ii)(E), which has been
discussed above, and paragraph (g)(8)(ii)(F), which requires that once
roofing material has been lowered to the ground, unwrapped material
shall be transferred to a closed receptacle in a manner that will
preclude the dispersion of dust.
(d) Cleanup of Dust and Debris
The standard contains several requirements aimed at assuring that
asbestos-containing dust and debris are cleaned up in a manner that
minimizes worker exposure. Paragraph (g)(1)(i) requires that HEPA
vacuums be used to collect all dust and debris containing ACM or PACM.
The general provision for use of wet methods in paragraph (g)(1)(ii)
applies during cleanup operations. And dry sweeping, shoveling, or
other dry clean-up methods are prohibited by paragraph (g)(3)(iii).
When a roof is to be removed, there is often dust and debris on the
roof that has resulted from the roof's exposure to the elements over a
long period of time. The standard does not require HEPA vacuuming of
such general environmental contamination before roof removal work
begins or during such work. HEPA vacuuming of dust and debris is only
required if there is an indication that non-intact ACM is the source of
the dust and debris. Similarly, if a roofing contractor does clean up
environmental dust and debris that is not associated with non-intact
ACM before or during a roof removal job, the standard's prohibition on
use of dry clean-up methods does not apply.
When a power roof cutter is used to remove built-up roofing, the
dust resulting from the cut is non-intact ACM, and the standard
requires that the dust be thoroughly and appropriately cleaned up.
Rather than requiring that such dust always be HEPA vacuumed, paragraph
(g)(8)(ii)(D) is being corrected to give employers additional
flexibility when the dust can be removed by other means that prevent it
from becoming airborne. When built-up roofing is removed from a smooth-
surface roof (i.e., a non-aggregate built-up roof), paragraph
(g)(8)(ii)(D) now permits employers, as an alternative to HEPA
vacuuming, to gently sweep and then carefully and thoroughly wipe up
the still-wet dust and debris generated by the roof cutter and left
along the cut line. As long as the dust is completely wiped up while it
is wet, this method will assure that the dust is disposed of without
becoming airborne. However, where the built-up roofing has an aggregate
surface, sweeping and wiping of the dust generated by the roof cutter
is not an effective alternative because some dust will remain in the
cracks and crevasses of the aggregate surface.
[[Page 33979]]
Therefore, HEPA vacuuming is still required in this situation.
A correcting amendment is being made to paragraph (g)(1)(i), the
general provision requiring HEPA vacuuming of dust and debris, to
acknowledge that paragraph (g)(8)(ii)(D) contains an exception to the
requirement for HEPA vacuuming of dust and debris in the case of
removal of built-up roofs from smooth bases. The amendment to paragraph
(g)(1)(i) does not affect the general requirement that dust and debris
associated with non-intact roofing material be HEPA vacuumed.
(e) Small Removal and Repair Jobs
Before a roof has reached the end of its useful life and must be
replaced, it can develop leaks that must be repaired. When only a small
area of an asbestos-containing roof is disturbed during a removal or
repair job, the potential for exposure is much lower than for a
complete roof removal job, and all of the precautions required for
Class II or III roof removal jobs are not needed. It would, for
example, be unnecessarily burdensome to require a HEPA vacuum to be
lifted to a roof and connected to a possibly distant source of
electricity if only a negligible amount of dust must be collected.
Accordingly, a new paragraph (g)(8)(ii)(H) is being promulgated to
provide that removal or repair of intact roofing less than 25 square
feet in area does not require use of wet methods or HEPA vacuuming as
long as manual methods which do not render the material non-intact are
used and no visible dust is created. By requiring that hand methods be
used and no visible dust be released, the exception is limited to
situations where the work is done in a manner that does not release
significant numbers of asbestos fibers. Moreover, OSHA believes that
the 25 square foot figure, which represents a 5-foot square area,
represents a reasonable cutoff between small repair jobs that do not
require the full range of protection and larger jobs that present the
potential for significant exposures.
Paragraph (g)(8)(ii)(H) is located in a section of the standard
that addresses methods of compliance for Class II work. However, a job
that qualifies for the exception also does not require use of wet
methods and HEPA vacuuming under provisions of the standard applicable
to Class III and Class IV roofing operations.
(f) Clarifying Corrections
Several corrections are being made to the regulatory language to
clarify OSHA's intent and avoid uncertainty among employers who must
comply with the standard.
Paragraph (f)(2)(ii), which describes the basis for making initial
exposure assessments, is being corrected to state more directly that
the initial exposure assessment must be based on jobsite monitoring
unless a negative exposure assessment has been made.
The introductory sentence of paragraph (g)(8)(iii) is being
corrected to clarify OSHA's intent that the requirements of paragraph
(g)(8)(iii) do not apply to removal of ACM from roofs but only to
removal of ACM from building exteriors other than roofs.
Paragraph (k)(7)(ii) is being corrected to assure that signs
demarcating a regulated area provide accurate information as to whether
respirators and protective clothing are required in the area. As
originally written, the provision required all such signs to state that
respirators and protective clothing must be worn in the regulated area.
However, this information was sometimes inaccurate, because certain
work must be performed in regulated areas even when the employees in
the area are not required to wear respirators and protective clothing.
For example, all Class II work must be performed in regulated areas,
but respirators and/or protective clothing are not required during such
work if the material remains substantially intact during removal and a
negative exposure assessment has been made. Accordingly, paragraph
(k)(7)(ii) is being corrected to provide that signs marking regulated
areas must state that respirators and protective clothing must be worn
within the area only when the standard in fact requires such
protection.
(g) Clarifying Interpretations
Definition of ``intact'': The term ``intact'' is used in a number
of provisions of the standard relating to roofing work. For example,
several paragraphs discussed above differentiate between ``intact'' and
``non-intact'' roofing materials. Similarly, paragraph (g)(8)(ii)(A),
which applies to Class II roofing removals, requires that roofing
material be removed in an ``intact'' state to the extent feasible.
``Intact'' is defined at paragraph (b) to mean ``that the ACM has not
crumbled, been pulverized, or otherwise deteriorated so that it is no
longer likely to be bound with its matrix.'' Accordingly, paragraph
(g)(8)(ii)(A) is satisfied when the roofing material is removed in a
manner that does not cause it to crumble, become pulverized, or
otherwise damaged in a manner that is likely to release asbestos
fibers. Also, if asbestos-containing roofing material is not removed
``in a substantially intact state,'' paragraph (h)(1)(ii) requires
respirator use. In short, the meaning of the term ``intact'' has
considerable importance in determining whether and how roofing
operations are regulated under the standard.
Roofing materials that are separated into pieces in the process of
removal or repair are not considered to be ``non-intact'' solely
because the material has been cut, sliced, pried, or otherwise
separated into smaller units for the purpose of removal. The condition
of the smaller units or pieces of removed roofing (for example, a 2
foot by 2 foot section of built-up roofing) must be evaluated against
the definition of the term ``intact'' in paragraph (b) of the standard
in order to determine whether the roofing material has been rendered
``non-intact'' by a removal or repair operation. For example:
a. Built-up roofing (BUR) that has been cut into smaller
sections (e.g., using a power roof cutter) and pried up from the
roof is not deemed to be ``non-intact'' solely because it has been
separated into pieces. If the pieces of removed BUR have ``not
crumbled, been pulverized, or otherwise deteriorated so that [they]
are no longer likely to be bound with [their] matrix,'' then they
are ``intact'' as defined in paragraph (b) of the standard. On the
other hand, the dust created by the destructive force of the cutting
blade of a power roof cutter would be considered ``non-intact.''
b. The same interpretation applies to other roofing materials
which are typically removed by dividing them into smaller units. For
example, roof mastics and cements are usually pried, chipped or
scraped off; asphalt felt underlayments are sliced and rolled-up or
sometimes scraped-off or chipped-off; and flashings are sliced into
manageable units and then pried-up. The fact that roofing materials
have been removed in this fashion does not by itself render them
non-intact under the standard. Rather, the removed pieces of roofing
must be evaluated to determine whether they are ``intact'' as
defined in paragraph 1101(b) of the standard.
c. Likewise, although asbestos-cement (A/C) shingles are pried
up by hand and removed as individual units of roofing, occasionally
incidental breakage of the shingles will occur even during careful
removal procedures. Such incidental breaking does not in and of
itself render the material non-intact under the standard; the
question is whether the shingles (whether broken or not) have been
crumbled, pulverized, or otherwise are not likely to be bound with
their cementitious matrix as a result of the removal operation. The
same interpretation applies to incidental breakage of other
asbestos-containing roofing materials during removal or subsequent
handling.
Paragraph (h)(1)(ii) requires that respirators be used if the
material is not removed in a ``substantially intact state.'' This
provision does not require
[[Page 33980]]
that respirators be used during removal of built-up roofing when the
BUR is cut into pieces.
HEPA Vacuuming, Wet Methods, and Bagging or Wrapping of Removed
Material: Certain of the corrections to the standard that have been
described earlier limit the situations in which HEPA vacuuming, wet
methods, and bagging or wrapping are needed when asbestos-containing
roofing materials are ``intact'' both prior to and after removal.
Because many roof removal jobs involve removal of intact material, it
is useful to summarize when these precautions are required.
The only wet method required when removing intact roofing material
is continuous misting of the cutting blade of a power roof cutter,
unless the competent person determines that misting substantially
reduces worker safety, during removal of built-up roofing. HEPA
vacuuming is only required to remove the dust that the power roof
cutter leaves behind on aggregate-surface built-up roofs. And intact
material does not need to be bagged or wrapped while it remains on the
roof prior to being lowered to the ground. The material must, however,
be lowered to the ground before the end of the work shift.
OSHA emphasizes that additional precautions are required when
roofing material is non-intact. All dust and debris associated with
such material must be HEPA vacuumed. If non-intact material is not
immediately lowered to the ground, it must be kept wet, bagged, or
wrapped while it remains on the roof. Additional use of wet methods
will often be appropriate. However, because of potential safety hazards
and other problems that excessive water on a roof can create, the
degree to which wet methods are used is left to the sound judgment of
the competent person. When non-intact material is removed, and
particularly when wet methods are not used or when their use is
limited, precautions such as respirators and protective clothing, which
must be used if a negative exposure assessment cannot be made, will be
required.
Isolation or Shutdown of Air Intakes: Paragraph (g)(8)(ii)(G)
requires that roof level heating and ventilation air intake sources be
isolated, or the ventilation system shut down, during Class II roof
removal work. The purpose of this provision is to prevent asbestos
fibers from entering the building's ventilation system and being
inhaled by persons in the building.
In general, paragraph (g)(8)(ii)(G) requires isolation or shutdown
only of air intakes in the regulated area. Under paragraph (e),
regulated areas must be established and demarcated in a manner that
will protect persons outside the area from exposure to asbestos.
Therefore, when regulated areas have been properly established, there
should not be a significant quantity of airborne asbestos fibers
available to enter air intakes outside the regulated area. In some
circumstances, however, prudence will dictate that air intakes even
outside the regulated area be isolated or shut down. For example, if
the opening of an intake outside the regulated is downwind from the
removal work, variables such as wind speed and proximity and
orientation of the intakes to the air flow may warrant isolation or
closure of the intake. OSHA expects the competent person to use good
judgment to effectuate the intent of the provision. Forms of isolation
that will satisfy paragraph (g)(8)(ii)(G), depending on the
circumstances of the particular job, include: (1) the use of 20 foot
``buffer zones,'' subject to the exercise of good judgment by the
competent person based on site-specific conditions, as discussed in the
August 10, 1994 preamble, 59 Fed. Reg. at 41006; (2) the use of HEPA
filters over the air intakes; (3) the use of horizontal or vertical
extensions that relocate the opening of the air intake outside or above
the regulated area or away from or above a nearby upwind source of
asbestos fiber emissions; or (4) covering the intake with plastic
sheeting or another kind of barrier.
5. Respiratory Protection
Paragraph (h) of Construction and Shipyard Employment Standards.
Respirators: In Class I operations in which a negative exposure
assessment is not obtained, OSHA has clarified its respiratory
protection requirements and has determined that the use of tight-
fitting powered air-purifying respirators is permitted if the exposure
assessment and monitoring show that exposure levels do not exceed 1 f/
cc as an 8 hour time weighted average. Further when supplied air
respirators are used in such circumstances, either HEPA egress
cartridges or auxiliary bottles of air for supplied air respirators
will be allowed. Paragraph (h)(2)(iv) in the construction and shipyard
standards is corrected to incorporate these changes. The respirator
tables remain unchanged.
This clarification is made to address the concerns of participants
that although a higher degree of respiratory protection is needed in
Class I operations where a negative exposure assessment is not
produced, there are times when safety hazards (e.g., tripping), worker
acceptability, configuration of the work area, and feasibility
considerations make the choice of a supplied-air respirator less
optimal. The record showed that tight-fitting powered air-purifying
respirators (PAPRs) are widely accepted, offer additional mobility, and
are effective at those levels and therefore are a protective
alternative to supplied air respirators. Therefore, when an employer's
exposure assessment shows that exposure levels will be below 1.0 fibers
per cubic centimeter (f/cc) as an 8-hour time-weighted average, OSHA is
allowing use of PAPRs. Where a negative exposure assessment is not
produced, but fiber levels are controlled and do not vary above 1.0 f/
cc as an 8-hour time-weighted average, OSHA believes use of PAPRs is
appropriate.
Additionally, OSHA has noted that operations having higher fiber
levels are often quite variable and that the time required to receive
sampling results may be lengthy, hence the standards continue to
require supplied air respirators when fiber levels are above the 1.0 f/
cc level. Thus, the higher degree of protection offered by supplied air
respirators is needed, as pointed out by rulemaking participants (Ex.
7-54, Ex. 143 at 48 and 63).
OSHA is also allowing the use of HEPA egress cartridges with
supplied air respirators. Participants expressed concern that an
auxiliary positive pressure self-contained breathing apparatus was not
the only means of adequately providing for escape from the work area
when the air supply failed. Many felt that HEPA-escape cartridges were
equally effective and should be allowed. (See discussion in Ex. 143 at
65-69). OSHA notes that careful training in the use of HEPA-egress
methods and of auxiliary positive pressure self-contained breathing
apparatus is essential to their effective use in emergency situations.
6. Hygiene Facilities and Practices for Employees
Paragraph (j) Construction and Shipyard Employment Standards
Some participants pointed to an apparent inconsistency in the
hygiene requirements in the standard. OSHA is correcting the provision
dealing with clean rooms, (j)(1)(i)(C) in both standards, to clarify
that showering is required and then the worker is to use a clean room
provided by the employer to put on street clothes.
Briefly, the overall scheme for showering following asbestos work
is as follows:
1. Class I work involving more than 25 linear or 10 square feet of
TSI or surfacing ACM, adjacent showers required except where
infeasible, on
[[Page 33981]]
ships or for outdoor work. These may HEPA vacuum their work clothes,
change to clean work clothes and proceed to a non-adjacent shower.
2. Following Class I jobs involving less than 25 linear or 10
square feet of TSI or surfacing ACM, and Class II asbestos operations
in which the PELS may be exceeded, showering is required, but the
shower need not be adjacent to the work site, so long as the workers
HEPA vacuum their work clothes on dropcloths and use proper procedures
for clean-up before proceeding to a non-contiguous shower.
3. Following Class III work where the PELs may be exceeded, HEPA
vacuuming of work clothes is required.
For Class III operations involving thermal system insulation and/or
surfacing ACM/PACM where there is no exceedence of the PELs, HEPA
vacuuming of workclothing is highly recommended, though not required.
7. Communication of Hazards
Paragraph (k) of Construction and Shipyard Employment Standards and
paragraph (j) of General Industry.
OSHA is making some corrections of the regulatory text to clarify
(i) which materials an employer must presume are asbestos-containing,
(ii) when a reasonable employer must investigate the possibility that
other materials are asbestos-containing, (iii) how to refute a required
presumption that materials contain asbestos, (iv) when to make these
decisions, and (v) whom to inform.
The term ``due diligence'' is not defined, it means however, that a
reasonable employer, informed of this standard and other pertinent
regulations, must inquire into the possibility that a building material
is asbestos-containing. The required extent of the inquiry may vary,
depending on the prevalence of the ACM for that use in that location,
previous surveys, inspections, and other knowledge sources, and the
date the material was installed.
Paragraph (k)(5)(ii)(B) in the construction and in the shipyard
employment standard and paragraph (j)(8)(ii)(B) of the general industry
standard are clarified to address concerns of participants regarding
the requirement for 3 bulk samples to rebut the presumption that a
material is ACM. OSHA clarifying that it is referencing the EPA
sampling protocol of 40 CFR 763.86. This requires an accredited
inspector (OSHA allows a CIH) to collect samples in a random
representative manner from each homogenous area of surfacing material:
3 from each homogeneous area of less than 1,000 square feet, 5 from
areas between 1,000 and 5,000 square feet and 7 from areas greater than
5,000 square feet. In addition, one sample is adequate from homogenous
patched areas of TSI of less than 6 square or linear feet. For
insulated mechanical systems and other ``miscellaneous'' materials,
bulk samples are to be collected ``In a manner sufficient to determine
whether the material is or is not ACM.''
Further, this scheme will allow the inspector or CIH to determine
that a TSI is fiberglass, foam glass, rubber or other non-asbestos
containing material and sampling is not required for these materials.
Thus, the number of samples required will be lessened in some
situations and increased in others, depending on the amount of material
present. Actual sampling may be conducted under the supervision of a
certified industrial hygienist or accredited inspector, but a ``visual
identification'' may be made only by a CIH or inspector.
Training Requirements: Questions have arisen regarding the time
requirements for ``refresher'' training required in paragraph
(k)(9)(ii) of the construction and the shipyard employment standards.
OSHA wishes to clarify that for Class I workers and for Class I and
Class II competent persons whose training is equivalent to that of 40
CFR part 763, subpart E, appendix C, the annual refresher training
shall be of 8 hours duration, equivalent to that in the EPA regulation.
For all others trained under the provisions of these standards, annual
refresher training is required, but the duration is not specified. OSHA
believes that hands-on training is essential for both initial and
refresher training. To accomplish this and cover essential health
information, a minimum of two hours training will be expected for Class
II and III work.
Training for Class II work: In developing the revised standards,
OSHA noted that asbestos abatement workers often remove large amounts
of the higher hazard materials such as thermal system ACM and sprayed-
on ACM and other ACM having somewhat lower exposure potential such as
siding, wallboard and other building materials. For this group of
workers OSHA continues to believe that training equivalent to that of
EPA's asbestos abatement worker training is appropriate.
However, some workers will remove only ACM which is not TSI or
surfacing ACM. For those whose work involves removal of only a single
generic type of material, OSHA specified that an 8 hour training course
would be acceptable. OSHA continues to believe that this time period is
necessary for training of workers whose duties include removal of
building materials such as roofing, flooring, siding, transite panels
and ceiling tiles.
However, it has been brought to the agency's attention that there
are some other types of materials other than those listed ACM building
components. These other materials include gaskets, firedoors,
laboratory hoods, and other materials (for example, see list in Ex. 1-
183, EPA's ``Greenbook'' Appendix G, page 40). However, covering all
required training for those other materials is generally not assumed to
take 8 hours. The training for these materials continues to require
covering all topics in (k)(9)(viii) of the Construction and Shipyard
Employment Standard, all pertinent work practices and other controls
and must have a ``hands-on'' component. OSHA believes that such
training would be likely to require at least 4 hours to adequately
cover the topics, methods, and hands-on portion. OSHA also recognizes
that many different operations will be covered in this type of training
and that the time required for adequate training will vary and thus the
period is not specified.
Training for Class III Work: OSHA has reviewed the training
requirements for Class III work for employers with a stable work force
which infrequently encounters limited types of asbestos and generates
less than a waste bag full of dust and debris (OSHA notes that the
waste bag dimensions must not exceed 60'' by 60''). These operations
occur at various locations such as refineries, power plants, or in the
communication industry and may involve rapidly completed operations
such as removal of a small gasket from a pipeline or drilling a hole in
a shingle to run a cable through it. In submissions to the record,
participants (e.g., Exhibits 7-21, 7-99, 7-101, 127, 145) presented
sampling data indicating these exposures were well-controlled by the
use of work practices by workers trained under the provisions of the
earlier standards.
The standards require training equivalent to EPA's ``O&M'' training
as outlined in 40 CFR 763.92. This training, which was originally
intended to serve as part of an operation and maintenance program for
schools, provides a basis for training for those operations in most
other buildings and facilities. However, OSHA has re-evaluated the
requirements for this training in light of the fact that Class III
operations under its standards include different activities than
managing installed asbestos containing building materials in place.
This 16 hour course may not serve to properly prepare those
[[Page 33982]]
whose duties include other activities such as changing an intact
gasket, in a pipeline, replacing packings or making occasional small
opening in shingles to run lines. On the other hand, these jobs often
involve only small amounts of asbestos and are usually brief in
duration, infrequent, and often take place out of doors requiring
different skills so that some of the requirements of the 16 hour course
are not relevant.
OSHA has clarified that, as for other provisions of the standards,
employers may rely on their well-trained competent persons to decide
whether the O&M-type course is appropriate to these tasks. If it is
determined that the curriculum, equivalent to that of 40 CFR 763.92
does not adequately cover the topics and work practices needed in an
operation, the employer's competent person may certify that the
training contained in (k)(9)(viii) is more applicable to that situation
and may opt to designate this training, as long as the specific work
practices, other controls necessary and ``hands-on'' training will be
adequately covered.
OSHA anticipates that the duration of the training will to some
extent, reflect the complexity and hazard of the operation, but would
be likely to require at least 4 hours of initial training to adequately
cover the topics, methods, and hands-on portion. However, the duration
of such training is not specified. Annual refresher training for this
group of workers is required, without specified duration.
Paragraph (j)(7)(iv) of the General Industry standard is corrected
to clarify the requirement for awareness training of housekeepers. The
word ``facility'' is replaced with the word ``area.'' This clarifies
OSHA's intention that only those workers whose housekeeping duties
require them to work in areas of a building or facility in which
asbestos or presumed asbestos is present shall receive awareness
training. For example, in a refinery in which the only ACM/PACM is
outdoor pipe insulation and the housekeepers duties are only within the
office building on the site, the employer is not required to provide
them awareness training. Awareness training is required for those whose
duties might bring them into contact with ACM/PACM.
Signs: The requirements for signs in the construction standard were
inadvertently omitted from the general industry standard. The paragraph
(k)(6) of the 1926.1101, which requires asbestos warning signs in areas
of buildings where there is ACM/PACM, is added to 1910.1001 and becomes
paragraph (j)(3)(v).
8. Medical Surveillance
Paragraph (m) Construction and Shipyard Employment Standard.
OSHA inadvertently included more extensive medical requirements for
2 groups of workers who perform lower risk work. Accordingly, OSHA is
clarifying paragraph (m)(1)(i) to reduce requirements for medical
surveillance for two groups of workers. For the first group, occasional
wearers of respirators, the more comprehensive physical examination
required by the asbestos standards is not necessary for workers who are
required to wear negative pressure respirators while performing Class
I, II, or III work for less than 30 days per year. For this group, a
physician must ensure that employees are able to use a respirator. The
interval for such determinations is one year. This provision is similar
to that of 1910.134, the Respiratory Protection Standard, which is
currently in rulemaking. This provision may be amended as a result of
that process, at which time OSHA may reconsider this provision in the
asbestos standards also.
Class II and Class III Medical Surveillance: The second group are
workers who perform Class II and Class III operations very briefly and
occasionally, and are exposed below the permissible exposure level
(PEL). The standard provides medical surveillance for all workers below
the PEL who engaged in Class II or III operations for 30 or more days
per year. However, OSHA now clarifies that the 30-day requirement
should be corrected to exclude days in which less than one hour is
spent in Class II or III work when work practices that fully comply
with the standard's requirements are followed. As thus modified, the
standard more closely reflects OSHA's policy of requiring medical
surveillance for workers exposed at or above an action level for 30 or
more days per year.
The 1986 asbestos standard required medical surveillance for
workers exposed above the action level (then 0.1 f/cc) for 30 or more
days per year. OSHA standards for other toxic air contaminants,
including lead, cadmium, benzene, and ethylene oxide, similarly trigger
medical surveillance by exposure at or above an action level of 30 or
more days per year. When the court of appeals remanded the 1986
standard for OSHA to re-evaluate whether the 8-hour time weighted
average exposure limit (then 0.2 f/cc) should be lowered, it also
instructed OSHA to reconsider making a corresponding reduction in the
action level. However, in lowering the 8-hour time weighted average
exposure limit (TWA) to 0.1 f/cc in the present standard, OSHA decided
not to set an action level equal to half the new TWA. This decision was
based on the difficulty of obtaining reliable and reproducible
measurements of asbestos concentrations as low as 0.05 f/cc under
jobsite conditions (see 59 FR at 40975).
Instead of triggering medical surveillance by an action level of
0.05 f/cc, the asbestos standard required medical surveillance for all
workers who engaged in Class I, II, or III work for 30 days or more per
year. Thus, for medical surveillance purposes, the standard uses the
classification system as a surrogate for the action level. OSHA
believed that using Class II and III work in particular to trigger
medical surveillance would be approximately the equivalent of
triggering medical surveillance by an action level of 0.05 f/cc, for
while most Class II and Class III jobs are not expected to exceed the
8-hour TWA of 0.1 f/cc, they involve the removal of substantial amounts
of asbestos containing material and may approach or exceed levels of
0.05 f/cc.
OSHA continues to believe that the classification system is a
reasonable surrogate for an action level and that workers who perform
Class II and/or Class III work for 30 or more days per year should
generally receive medical surveillance under the standard. However,
OSHA is correcting the standard to exclude from the 30-day count those
days in which the worker engages in Class II or III work for one hour
or less when such work is performed in accordance with the work
practices required by the standard. When the standard's work practices
are followed during Class II and Class III work, the rulemaking record
shows that the TWA will usually not be exceeded even if the work
continues for all or most of an 8-hour work shift (see 59 FR at 41000-
41008). Thus, in most cases, employers will choose not to monitor
specific jobs because they have historic and/or objective data.
OSHA believes that where historic and/or objective data exempt an
employer from monitoring most exposures will be well below the TWA of
0.1 f/cc, and would also be below 0.05 f/cc, if the job takes less than
one hour and the proper work practices are used. Therefore, the
classification system will be a more accurate surrogate for an action
level if those days in which employees perform Class II or Class III
work for one hour or less while using proper work practices are
excluded from the number of days that count toward the medical
surveillance requirement. OSHA believes that this adjustment better
aligns the standard
[[Page 33983]]
with OSHA's policy of requiring medical surveillance of workers who are
exposed to a level equal to or exceeding an action level of half the
permissible 8-hour time weighted average for 30 or more days per year.
OSHA believes that the one-hour period is a reasonable cutoff
between jobs of brief duration and those that cover a substantial part
of the work shift. In addition to more accurately reflecting OSHA's
usual medical surveillance policy, this correction will avoid imposing
unnecessary recordkeeping burdens on employers by enabling them to
avoid recording, for medical surveillance purposes, each day an
employee engages in Class II or III work even when that work may last
only a few minutes.
9. Appendices
General Industry Standard, Appendix F, Shipyard Employment
Standard, Appendix L:
Throughout the discussion of asbestos exposure during brake and
clutch repair work in the preamble, OSHA stated that it would require
training of technicians/mechanics in the proper use of work practices
to be used during these operations. However, language to that effect
was inadvertently omitted from the appendices describing the mandatory
work practices. This document corrects the text of the appendix in both
1910.1001 and 1915.1001 to include a requirement that technicians/
mechanics be trained in the proper use of the preferred or equivalent
work practices.
Equivalency of Alternate Methods for Brake Work: OSHA is also
correcting Appendix F of the General Industry and Appendix L of the
Shipyards Employment standard to indicate that the fiber level required
to demonstrate the equivalency of an alternate method of asbestos
control in brake and clutch work is 0.016 f/cc. As originally drafted,
the standard set the equivalency criterion at 0.004 f/cc. This was
based on a NIOSH study (Ex. 1-112) showing that the preferred methods
of asbestos control in brake and clutch work could attain exposure
levels ranging from 0.004 to 0.016 f/cc. OSHA has determined that the
more appropriate value for an equivalent method to attain is the high
end of the range of values found to be attainable in this study, or
0.016 f/cc. Setting the equivalency level at this value will assure
that an equivalent method provides workers with effective protection
against asbestos exposure without making the equivalency criterion so
low as to discourage development of alternative methods of protecting
brake and clutch workers. The standard lists two preferred methods of
asbestos control during brake and clutch work: the Negative Pressure
Enclosure/HEPA Vacuum System Method and the Low Pressure/Wet Cleaning
Method. The appendices to the general industry and shipyard standards
give detailed descriptions of these methods. When these methods are
properly used by trained workers, employers are in full compliance with
the standard.
The standard also permits the use of equivalent methods that can be
shown to comply with the equivalency criterion, as corrected by this
document, of 0.016 f/cc. Like the preferred methods, an equivalent
method must include a detailed description of the practices that must
be followed when the method is used. Since equivalent methods are not
set forth in the standard, an employer who uses such a method must have
a written description of the method that contains sufficient detail
that the method can be reproduced. When the method meets the
equivalency criterion and the workers who use it are properly trained,
then just as when a preferred method is used, the employer is in full
compliance with the standard.
The proposed standard described a method, referred to as the Spray
Can/Solvent System Method, that OSHA did not include as a preferred
method in the final standard. However, OSHA has determined from the
NIOSH study that the Spray Can/Solvent System Method, as described in
the proposed standard, meets the corrected equivalency criterion of
0.016 f/cc. Accordingly, the Spray Can/Solvent Spray System Method
qualifies as an equivalent method under the corrected equivalency
criterion. When employers use the Spray Can/Solvent System Method, they
must adhere to the work practices listed in the proposed standard for
the method to qualify as an equivalent method. For convenience, those
work practices are reiterated here.
(1) The spray can/solvent system shall be used to first wet the
brake and clutch parts. Then, the brake and clutch parts shall be wiped
clean with a cloth.
(2) The cloth shall be placed in an impermeable, properly labelled,
container and then properly disposed of, or the cloth shall be
laundered in a way that prevents the release of asbestos fibers in
excess of 0.1 fibers per cubic centimeter of air.
(3) Any spills of solvent or any asbestos-containing waste material
shall be cleaned up immediately.
(4) The use of dry brushing during solvent spray operations is
prohibited.
The foregoing is an adequate written description of the Spray Can
Solvent System Method within the meaning of Appendix F to the general
industry standard and Appendix L of the shipyard employment standard.
The standard and this correction document are issued under the
authority of sections 4, 6(b), 8(c), and 8(g) of the Occupational
Safety and Health Act of 1970 (29 U.S.C. 653, 655, 657); Sec. 107,
Contract Work Hours and Safety Standards Act (Construction Safety Act,
40 U.S.C. 333); Sec. 41, Longshore and Harbor Workers' Compensation Act
(33 U.S.C. 941); and 29 CFR Part 1911.
Correction of Publication
The following corrections are made in the final rule for
Occupational Exposure to Asbestos published in the Federal Register on
August 10, 1994 (59 FR 40964).
1. On page 40964, in the first column, in the first paragraph
entitled ``Summary,'' line 23 is corrected by removing the words ``high
hazard''.
2. On page 40972, line 11 of the first column, the word
``informing'' is corrected to read ``inform''.
3. On page 40972, in the first column, in the second full
paragraph, line 14, the words ``after 1979'' are corrected to read ``no
later than 1980''.
4. On page 40975, in the first column, in the last paragraph, line
10 is corrected by adding the words ``perform housekeeping'' after the
word ``who''.
5. On page 40977, line 17 of the second column, the words ``Class
II'' are corrected to read ``Class III''.
6. On page 40977, in the second to third column, in the paragraph
under the heading entitled ``Disturbance,'' lines 4 through 7 are
corrected to read ``definition, disturbance means activities that
disrupt the matrix of ACM or PACM, crumble or pulverize ACM or PACM, or
generate visible debris from ACM or PACM. It also includes''.
7. On page 40978, in the first column, the paragraph under the
heading entitled ``Presumed Asbestos-Containing Material (PACM)'' is
corrected to read:
* * * * *
In all three standards, ``presumed asbestos containing material,''
``PACM'' means thermal system insulation and sprayed on and/or troweled
on, or otherwise applied surfacing material in buildings constructed no
later than 1980. In many places in the Preamble, OSHA refers to ``high
risk'' ACM and PACM. These terms are not used in the regulatory text.
The term ``high risk'' refers to the possibility or potential for
injury and does not mean injury will necessarily occur. OSHA uses these
[[Page 33984]]
terms in the Preamble in a relative sense to describe its findings that
TSI and surfacing material are more prevalent and can be more friable
than many other asbestos-containing materials in buildings. As
discussed elsewhere in the Preamble, OSHA finds that the OSHA-required
provisions involving all types of ACM should result in low exposure
levels that would protect employees from significant risk. Although
these materials may have been installed in small quantities after 1980,
OSHA finds that their installation is unlikely after that date.
* * * * *
8. On page 40986, in the first column, in the first paragraph, line
21, the word ``a'' is corrected to read ``an''.
9. On page 40986, line 5 of the third column is corrected by
removing the word ``listing''.
10. On page 40987, in the third column, under the heading entitled
``Floor Maintenance,'' in the first paragraph, line 17, the word
``speed'' is corrected to read ``speeds''.
11. On page 40988, in the second column, in the second full
paragraph, line 15, the word ``Method'' is corrected to read
``Methods''.
12. On page 40988, in the third column, in the third full
paragraph, line 4 is corrected by removing the comma after the word
``prior''.
13. On page 40988, in the third column, in the third full
paragraph, line 11, the word ``if'' is corrected to read ``is''.
14. On page 40988, in the third column, in the last paragraph, line
4 is corrected by adding the word ``the'' after the word ``of''.
15. On page 40989, in the second column, under the heading entitled
``Other Basic Controls,'' in the first paragraph, line 13, the number
``(2)'' is corrected to read ``(3)''.
16. On page 40990, in the first column, in the second full
paragraph, the last line, the words ``see (g)(4)(F)'' are corrected to
read ``see paragraph (g)(4)(vi)''.
17. On page 40990, in the second column, in the third full
paragraph, line 7, the words ``paragraph B'' are corrected to read
``paragraph (b)''.
18. On page 40991, line 12 of the first column is corrected to read
``asbestos panel: 9 square feet; pipe''.
19. On page 41000, in the first column, in the first full
paragraph, the last line is corrected by removing the words ``in a''.
20. On page 41000, in the third column, in the first paragraph,
line 5, the words ``paragraph (g)(ii)(a)'' are corrected to read
``paragraph (g)(8)(i)''.
21. On page 41004, in the second column, under the heading entitled
``Roofing Operations,'' in the first paragraph, line 19 is corrected by
adding the word ``the'' after the word ``to''.
22. On page 41009, in the second column, in the last paragraph,
line 3, the number ``(9)'' is corrected to read ``(10)''.
23. On page 41009, in the second column, in the last paragraph,
line 18, the word ``contained'' is corrected to read ``containing''.
24. On page 41009, in the second column, in the last paragraph,
line 20, the words ``Paragraph (g)(9)'' are corrected to read
``Paragraph (g)(10)''.
25. On page 41009, in the third column, in the first paragraph,
line 1, the words ``paragraph (g)'' are corrected to read ``paragraph
(g)(10)(i)''.
26. On page 41009, in the third column, in the first paragraph,
line 11, the words ``(g)(g)(iv)'' are corrected to read ``(g)(10)(i)''.
27. On page 41010, in the first column, in the third full
paragraph, line 3, the words ``engineeromg cpmtrp'' are corrected to
read ``engineering controls''.
28. On page 41014, in the third column, in the last paragraph, line
16, the words ``before 1980'' are corrected to read ``no later than
1980''.
29. On page 41015, in the first column, in the third full
paragraph, line 1 is corrected by removing the word ``the''.
30. On page 41016, in the first column, in the last paragraph,
lines 8, 9, 10, and 15, the words ``high hazard'' are corrected to read
``high risk''.
31. On page 41016, in the second column, in the last paragraph,
line 6 is corrected by removing the word ``a''.
32. On page 41016, line 28 of the third column, the words ``high
hazard'' are corrected to read ``potentially high risk''.
33. On page 41017, in the first column, in the first full
paragraph, line 18, the words ``before 1980'' are corrected to read
``no later than 1980''.
34. On page 41017, in the second column, beginning in line 6, the
sentence ``Neither EPA's revised MAP nor OSHA requires specific
training or accreditation of persons who only visually inspect the
condition of ACM/PACM.'' is removed.
35. On page 41020, in the first column, under the heading entitled
``Training Requirements for Employees Performing Class III and IV
Work,'' in the first paragraph, lines 25 through 28 are corrected to
read ``consistent with EPA requirements for training of local education
agency maintenance and custodial staff as set forth at 40 CFR
763.92(a)(2).''.
36. On page 41023, in the second column, in the first full
paragraph, line 11 is corrected by adding the word ``school'' after the
word ``asbestos-containing''.
37. On page 41023, in the third column, in the second paragraph,
lines 8 through 11 are corrected to read ``trained in a course
consistent with EPA requirements for training of local education agency
maintenance and custodial staff as set forth at 40 CFR 763.92(a)(2). If
clean-up work is done within''.
38. On page 41044, in Table 7, in the last column entitled ``Total
annual incremental control costs,'' the figure ``24,787,345'' is
corrected to read ``14,787,345''.
Sec. 1910.1001 [Corrected]
39. On page 41057, in the third column, in Sec. 1910.1001,
paragraph (a)(2), line 5, the number ``1926.58'' is corrected to read
``1926.1101''.
40. On page 41057, in the third column, in Sec. 1910.1001,
paragraph (a)(3), line 7, the number ``1915.191'' is corrected to read
``1915.1001''.
41. On page 41058, in the first column, in Sec. 1910.1001,
paragraph (b), a definition of ``Certified industrial hygienist'' is
added before the definition of ``Director'' to read:
* * * * *
(b) * * *
Certified industrial hygienist (CIH) means one certified in the
practice of industrial hygiene by the American Board of Industrial
Hygiene.
* * * * *
42. On page 41058, in the first column, in Sec. 1910.1001,
paragraph (b), a definition of ``Homogeneous area'' is added before the
definition of ``Industrial hygienist'' to read:
* * * * *
(b) * * *
Homogeneous area means an area of surfacing material or thermal
system insulation that is uniform in color and texture.
* * * * *
43. On page 41058, in the first column, in Sec. 1910.1001,
paragraph (b), the definition of ``PACM'' is corrected to read:
* * * * *
(b) * * *
PACM means ``presumed asbestos containing material.''
* * * * *
44. On page 41058, in the first column, in Sec. 1910.1001,
paragraph (b), a definition of ``Presumed asbestos
[[Page 33985]]
containing material'' is added before the definition of ``Regulated
area'' to read:
* * * * *
(b) * * *
Presumed asbestos containing material means thermal system
insulation and surfacing material found in buildings constructed no
later than 1980. The designation of a material as ``PACM'' may be
rebutted pursuant to paragraph (j)(8) of this section.
* * * * *
45-48. On page 41058, in the first column, in Sec. 1910.1001,
paragraph (b), the following definitions are added in alphabetical
order after the definition of ``Regulated area'' to read:
* * * * *
(b) * * *
Surfacing ACM means surfacing material which contains more than 1%
asbestos.
Surfacing material means material that is sprayed, troweled-on or
otherwise applied to surfaces (such as acoustical plaster on ceilings
and fireproofing materials on structural members, or other materials on
surfaces for acoustical, fireproofing, and other purposes).
Thermal System Insulation (TSI) means ACM applied to pipes,
fittings, boilers, breeching, tanks, ducts or other structural
components to prevent heat loss or gain.
Thermal System Insulation ACM means thermal system insulation which
contains more than 1% asbestos.
* * * * *
49. On page 41058, in the first column, in Sec. 1910.1001,
paragraph (c)(1), line 4 is corrected by adding the word ``in'' after
the word ``asbestos''.
50. On page 41058, in the first column, in Sec. 1910.1001,
paragraph (c)(1), line 8, the word ``of'' is corrected to read ``to''.
51. On page 41058, in the first column, in Sec. 1910.1001,
paragraph (c)(2), line 7 is corrected by adding the words ``as
determined by the method prescribed in Appendix A to this section, or
by an equivalent method'' after the word ``minutes''.
52. On page 41058, in Sec. 1910.1001, paragraph (d)(5), line 5 of
the third column, the words ``action level'' are corrected to read
``PEL''.
53. On page 41059, in the second column, in Sec. 1910.1001,
paragraph (f)(1)(viii) is corrected by removing the word ``of'' on the
last line of the paragraph.
54. On page 41059, in the third column, in Sec. 1910.1001,
paragraph (f)(3)(i), line 24, the words ``Appendix F of'' are corrected
to read ``Appendix F to''.
55. On page 41060, in the third column above Table 1, in
Sec. 1910.1001, paragraph (g)(2)(ii) introductory text, line 2 is
corrected by adding the words ``tight-fitting'' before the word
``powered''.
56. On page 41060, in Sec. 1910.1001, paragraph (g)(2), in Table 1,
under the heading ``Airborne concentration of asbestos or conditions of
use,'' lines 1 through 3 are corrected to read ``Not in excess of 1 f/
cc (10 X PEL).''
57. On page 41060, in the first column below Table 1, in
Sec. 1910.1001, paragraph (g)(3)(iii), line 2 is corrected by removing
the comma after the word ``shall''.
58-59. On page 41060, in the first column below Table 1, in
Sec. 1910.1001, paragraph (g)(3)(iv), line 10, the word ``employee'' is
corrected to read ``employees''.
60. On page 41060, in the second column below Table 1, in
Sec. 1910.1001, paragraph (g)(4)(ii), line 11, the word ``of'' is
corrected to read ``to''.
61. On page 41060, in the second column below Table 1, in
Sec. 1910.1001, paragraph (g)(4)(ii), the last line, the number
``(ii)'' is corrected to read ``(i)''.
62. On page 41060, in the third column below Table 1, in
Sec. 1910.1001, paragraph (h)(2)(iv), the last line, the number ``(2)''
is corrected to read ``(4)''.
63. On page 41061, in the first column, in Sec. 1910.1001,
paragraph (i)(2)(i), line 4 is corrected by adding a comma after the
word ``limit''.
64. On page 41061, in the second column, in Sec. 1910.1001,
paragraph (j) introductory text, line 30 is corrected by removing a
closed parenthesis after the number ``1926.58''.
65. On page 41061, in the second column, in Sec. 1910.1001,
paragraph (j)(1), line 5 is corrected by adding the words ``in
buildings constructed no later than 1980'' after the word ``ACM''.
66. On page 41061, in the second column, in Sec. 1910.1001,
paragraph (j)(1), line 8, the word ``(B)'' is corrected to read
``(b)''.
67. On page 41061, in the second column, in Sec. 1910.1001,
paragraph (j)(1), line 9, the word ``standard'' is corrected to read
``section''.
68. On page 41061, in Sec. 1910.1001, paragraph (j)(1), line 1 of
the third column, the words ``paragraph (j)(6)'' are corrected to read
``paragraph (j)(8)(iii)''.
69. On page 41061, in the third column, in Sec. 1910.1001,
paragraph (j)(2)(i) is corrected to read:
* * * * *
(j) * * *
(2) * * * (i) Building and facility owners shall determine the
presence, location, and quantity of ACM and/or PACM at the work site.
Employers and building and facility owners shall exercise due diligence
in complying with these requirements to inform employers and employees
about the presence and location of ACM and PACM.
* * * * *
70. On page 41061, in the third column, in Sec. 1910.1001,
paragraph (j)(2)(iii) is corrected to read:
* * * * *
(j) * * *
(2) * * *
(iii) Building and facility owners shall inform employers of
employees, and employers shall inform employees who will perform
housekeeping activities in areas which contain ACM and/or PACM of the
presence and location of ACM and/or PACM in such areas which may be
contacted during such activities.
* * * * *
71. On page 41061, in the third column, in Sec. 1910.1001,
paragraph (j)(3)(ii) is corrected to read:
* * * * *
(j) * * *
(3) * * *
(ii) Sign specifications. (A) The warning signs required by
paragraph (j)(3) of this section shall bear the following information:
DANGER
ASBESTOS
CANCER AND LUNG DISEASE HAZARD
AUTHORIZED PERSONNEL ONLY
(B) In addition, where the use of respirators and protective
clothing is required in the regulated area under this section, the
warning signs shall include the following:
RESPIRATORS AND PROTECTIVE CLOTHING
ARE REQUIRED IN THIS AREA
* * * * *
72. On page 41061, in the third column, in Sec. 1910.1001,
paragraph (j)(3)(iv), line 5, the number ``(1)'' is corrected to read
``(3)''.
73. On page 41061, in the third column, in Sec. 1910.1001, a new
paragraph (j)(3)(v) is added to read:
* * * * *
(j) * * *
(3) * * *
(v) At the entrance to mechanical rooms/areas in which employees
reasonably can be expected to enter and which contain ACM and/or PACM,
the building owner shall post signs which identify the material which
is present,
[[Page 33986]]
its location, and appropriate work practices which, if followed, will
ensure that ACM and/or PACM will not be disturbed.
* * * * *
74. On page 41061, in the third column, in Sec. 1910.1001,
paragraph (j)(4)(i), line 5 is corrected by adding three sentences
after the word ``containers.'' to read:
* * * * *
(j) * * *
(4) * * *
(i) * * * When a building owner or employer identifies previously
installed ACM and/or PACM, labels or signs shall be affixed or posted
so that employees will be notified of what materials contain ACM and/or
PACM. The employer shall attach such labels in areas where they will
clearly be noticed by employees who are likely to be exposed, such as
at the entrance to mechanical room/areas. Signs required by paragraph
(j)(3) of this section may be posted in lieu of labels so long as they
contain information required for labelling.
* * * * *
75. On page 41062, in the first column, in Sec. 1910.1001,
paragraph (j)(5), line 9, the number ``(4)'' is corrected to read
``(6)''.
76. On page 41062, in the first column, in Sec. 1910.1001,
paragraph (j)(6), line 2, the number ``(2)'' is corrected to read
``(4)''.
77. On page 41062, in the second column, in Sec. 1910.1001,
paragraph (j)(7)(iv), line 3, the words ``a facility'' are corrected to
read ``an area''.
78. On page 41062, in the second column, in Sec. 1910.1001,
paragraph (j)(7)(iv), lines 14 and 15, the words ``are or will'' are
corrected to read ``perform housekeeping''.
79. On page 41062, in Sec. 1910.1001, paragraph (j)(8)(i), line 11
of the third column, the word ``(n)'' is corrected to read ``(m)''.
80. On page 41062, in the third column, in Sec. 1910.1001,
paragraph (j)(8)(ii)(A), line 4, the word ``asbestos'' is corrected to
read ``ACM''.
81. On page 41062, in the third column, in Sec. 1910.1001,
paragraph (j)(8)(ii)(A), line 5 is corrected by adding the word ``or''
after the word ``material;''.
82. On page 41062, in the third column, in Sec. 1910.1001,
paragraph (j)(8)(ii)(B), line 3, the word ``asbestos'' is corrected to
read ``ACM''.
83. On page 41062, in the third column, in Sec. 1910.1001,
paragraph (j)(8)(ii)(B), lines 5 through 7 are corrected to read
``analysis of bulk samples collected in the manner described in 40 CFR
763.86. The''.
84. On page 41062, in the third column, in Sec. 1910.1001,
paragraph (j)(8)(ii)(B), line 17, the word ``of'' is corrected to read
``or''.
85. On page 41062, in the third column, in Sec. 1910.1001,
paragraph (j)(8)(ii)(B), line 19, the word ``of'' is corrected to read
``or''.
86. On page 41062, in the third column, in Sec. 1910.1001,
paragraph (j)(8)(iii), the last line, the words ``asbestos free'' are
corrected to read ``not ACM''.
87. On page 41062, in the third column, in Sec. 1910.1001,
paragraph (k)(1), lines 3 and 4 are corrected to read ``practicable of
ACM waste and debris and accompanying dust.''.
88. On page 41062, in the third column, in Sec. 1910.1001,
paragraph (k)(4), line 3 is corrected by adding the words ``asbestos
containing waste and debris'' after the word ``vacuuming''.
89. On page 41063, in the first column above Table 2, in
Sec. 1910.1001, paragraph (k)(7)(ii), line 3, the word ``speed'' is
corrected to read ``speeds''.
90. On page 41063, in the first column above Table 2, in
Sec. 1910.1001, paragraph (k)(7)(iv) is correctly designated as
paragraph (k)(8), and is corrected to read:
* * * * *
(k) * * *
(8) Waste and debris and accompanying dust in an area containing
accessible ACM and/or PACM or visibly deteriorated ACM, shall not be
dusted or swept dry, or vacuumed without using a HEPA filter.
* * * * *
91. On page 41063, in the first column above Table 2, in
Sec. 1910.1001, paragraph (1) entitled ``Medical surveillance'' is
correctly designated as paragraph (l) entitled ``Medical
surveillance''.
92. On page 41063, in Sec. 1910.1001, paragraph (l)(2)(ii), line 6
in the third column is corrected by adding the words ``to this
section'' after the words ``Appendix D''.
93. On page 41063, in Sec. 1910.1001, paragraph (l)(3)(ii), in
Table 2, in the second column heading under the heading of ``Age of
employee'' the number ``40'' is corrected to read ``45''.
94. On page 41063, in the third column below Table 2, in
Sec. 1910.1001, paragraph (l)(7)(i)(B), line 4 is corrected by removing
the word ``and''.
95. On page 41063, in the third column below Table 2, in
Sec. 1910.1001, paragraph (l)(7)(i)(C), line 6 is corrected by removing
the period and by adding ``; and'' after the word ``treatment''.
96-97. On page 41064, in the second column, in Sec. 1910.1001,
paragraph (m)(5)(iii), line 3, the number ``(2)'' is corrected to read
``(3)''.
98. On page 41064, in the third column, in Sec. 1910.1001,
paragraph (p)(2), line 1 is corrected by removing the letter ``F,''.
Appendix B to Sec. 1910.1001 [Corrected]
99. On page 41065, in the first and second columns, in
Sec. 1910.1001, in Appendix B, the table is corrected so that the word
``Air'' is removed from between the double lines both places it appears
and added following the word ``Matrix''.
100. On page 41065, in the second column, in Sec. 1910.1001, in
Appendix B, under the heading entitled ``1. Introduction,'' in the
definition of ``Asbestos,'' the chemical formula for Crocidolite is
corrected to read
``Na2Fe32+Fe23+Si8O22(OH)2''.
101. On page 41065, in the third column, in Sec. 1910.1001, in
Appendix B, in the definition of ``Walton-Beckett Graticule,'' line 4,
the ``#'' sign is corrected to read `` ''.
102. On page 41065, in the third column, in Sec. 1910.1001, in
Appendix B, in the definition of ``Walton-Beckett Graticule,'' line 11,
the number ``2'' is corrected to read ``1''.
103. On page 41065, in the third column, in Sec. 1910.1001, in
Appendix B, in the paragraph under the heading entitled ``1.2
Principle,'' line 6 is corrected by removing the word ``a''.
104. On page 41066, in the second column, in Sec. 1910.1001, in
Appendix B, under the heading entitled ``4. Interferences,'' in the
second paragraph, the list of common fibers is corrected to read:
* * * * *
4. Interferences
* * * * *
fiberglass
anhydrite
plant fibers
perlite veins
gypsum
some synthetic fibers
membrane structures
sponge spicules
diatoms
microorganisms
wollastonite
* * * * *
105. On page 41066, in the second column, in Sec. 1910.1001, in
Appendix B, under the heading entitled ``5.1.1 Sampling assembly,'' in
the first paragraph, line 8, the number ``0.8-'' is corrected to read
``0.4''.
106. On page 41066, in the second column, in Sec. 1910.1001, in
Appendix B, under the heading entitled ``5.1.1
[[Page 33987]]
Sampling assembly,'' a new note (e) is added to read:
* * * * *
5.1.1 * * *
Notes: * * *
(e) Other cassettes, such as the Bell-mouth, may be used within
the limits of their validation.
* * * * *
107. On page 41066, in Sec. 1910.1001, in Appendix B, under the
heading entitled ``5.1.3 Sampling pump,'' lines 3 and 4 of the third
column, the words ``2.5 liters per minute (L/min)'' are corrected to
read ``the collection rate''.
108. On page 41066, in the third column, in Sec. 1910.1001, in
Appendix B, in the paragraph entitled ``5.2.1,'' line 2 is corrected by
removing the words ``(see Figure 3)''.
109. On page 41066, in the third column, in Sec. 1910.1001, in
Appendix B, under the heading entitled ``5.2.5,'' lines 8 and 9 of the
``Note'' are corrected to read ``pressure changes, correct the flow
rate using the formula shown in the section ``Sampling Pump Flow Rate
Corrections'' at the end of this appendix.''.
110. On page 41067, in the first column, in Sec. 1910.1001, in
Appendix B, the paragraph entitled ``5.2.11'' is corrected to read:
* * * * *
5. * * *
5.2 * * *
5.2.11 Attach and secure a sample seal around each sample
cassette in such a way as to assure that the end cap and base plugs
cannot be removed without destroying the seal. Tape the ends of the
seal together since the seal is not long enough to be wrapped end-
to-end. Also wrap tape around the cassette at each joint to keep the
seal secure.
* * * * *
111. On page 41067, in the first column, in Sec. 1910.1001, in
Appendix B, in the paragraph entitled ``5.3.2,'' the last line, the
words ``without rattling'' are corrected to read ``in such a manner
that they will not rattle''.
112. On page 41067, in the second column, in Sec. 1910.1001, in
Appendix B, under the heading entitled ``6.5 Sample Mounting,'' the
paragraph following the Note is corrected by removing the sentence, ``A
drawing is shown in Figure 4.''.
113. On page 41068, in the first column, in Sec. 1910.1001, in
Appendix B, under the heading entitled ``6.6.2 Counting Fibers,''
paragraph (9), the last line, the number ``2'' is corrected to read
``1''.
114. On page 41068, in the third column, in Sec. 1910.1001, in
Appendix B, under the heading entitled ``7.3. Recount Calculations,''
the formula in the third paragraph is corrected to read:
* * * * *
7.3 Recount Calculations
* * * * *
[GRAPHIC][TIFF OMITTED]TR29JN95.000
* * * * *
115. On page 41069, in the second column, in Sec. 1910.1001, in
Appendix B, under the heading entitled ``Quality Control,'' in the
first paragraph, lines 6 and 7 are corrected by removing the words
``for the CV curve shown below''.
116. On page 41069, in the third column, in Sec. 1910.1001, in
Appendix B, under the heading entitled ``Walton-Beckett Graticule,''
paragraph (7), line 12 is corrected to read ``Field Area = (D/
2)2''.
Appendix F to Sec. 1910.1001 [Corrected]
117. On page 41070, in the first column, in Sec. 1910.1001, in
Appendix F, in the introductory paragraph, line 7 is corrected by
adding the words ``by trained employees'' after the word ``practices''.
118. On page 41070, in the third column, in Sec. 1910.1001, in
Appendix F, under the heading entitled ``[A] Negative Pressure
Enclosure/HEPA Vacuum System Method,'' paragraph (6), line 5, the words
``paragraph (j)(2)(ii)'' are corrected to read ``paragraph (j)(4)''.
119. On page 41070, in the third column, in Sec. 1910.1001, in
Appendix F, under the heading entitled ``[A] Negative Pressure
Enclosure/HEPA Vacuum System Method,'' paragraph (7), line 5, the word
``the'' is corrected to read ``this''.
120. On page 41071, in the first column, in Sec. 1910.1001, in
Appendix F, under the heading entitled ``[B] Low Pressure/Wet Cleaning
Method,'' paragraph (6), line 5, the words ``paragraph (j)(2)(ii)'' are
corrected to read ``paragraph (j)(4)''.
121. On page 41071, in the first column, in Sec. 1910.1001, in
Appendix F, under the heading entitled ``[C] Equivalent Methods,'' line
12, the number ``0.004'' is corrected to read ``0.016''.
122. On page 41071, in the first column, in Sec. 1910.1001, in
Appendix F, under the heading entitled ``[D] Wet Method,'' paragraph
(2), line 3, the words ``paragraph (j)(2)(ii) of the standard'' are
corrected to read ``paragraph (j)(4) of this section''.
123. On page 41071, in the first column, in Sec. 1910.1001, in
Appendix F, under the heading entitled ``[D] Wet Method,'' paragraph
(2), lines 4 and 5, the words ``the standard'' are corrected to read
``this section''.
124. On page 41071, in the first column, in Sec. 1910.1001, in
Appendix F, under the heading entitled ``[D] Wet Method,'' paragraph
(3), line 4, the words ``the standard'' are corrected to read ``this
section''.
Appendix G to Sec. 1910.1001 [Corrected]
125. On page 41071, in the second column, in Sec. 1910.1001, in
Appendix G, paragraph III.B., line 3, the word ``to'' is corrected to
read ``the''.
Appendix J to Sec. 1910.1001 [Corrected]
126. On page 41071, in the second column, in Sec. 1910.1001, in
Appendix J, line 3 of the title is corrected by removing a closed
parenthesis after the word ``Non-Mandatory''.
127. On page 41073, in the second column, in Sec. 1910.1001, in
Appendix J, under the heading entitled ``1.8 Toxicology,'' the last
line in the paragraph is corrected by adding the words ``and 29 CFR
1915.1001'' after the number ``1926.1101''.
128. On page 41073, in the third column, in Sec. 1910.1001, in
Appendix J, under the heading entitled ``2.4 Shipment,'' paragraph (a),
line 2 is corrected by removing the words ``(such as the OSHA 21)''.
129. On page 41078, in the first column, in Sec. 1910.1001, in
Appendix J, the heading entitled ``Auxiliary Information'' is correctly
designated as ``4. Auxiliary Information''.
130. On page 41078, in the second column, in Sec. 1910.1001, in
Appendix J, the paragraph under the heading entitled ``4.3 Polarized
Light Technique,'' beginning on line 10, is corrected by removing the
sentence, ``A compensator is a piece of mineral with known properties
that ``compensates'' for some deficiency in the optical train.''.
Sec. 1915.1001 [Corrected]
131. On page 41080, in the first column, in Sec. 1915.1001, the
Authority citation, line 7, the word ``(41 FR 35736)'' is corrected to
read ``(41 FR 25059), 9-83 (48 FR 35736),''.
132. On page 41080, in the second column, in Sec. 1915.1001,
paragraph (b), the definition of ``Building/facility owner'' is
corrected to read:
* * * * *
(b) * * *
Building/facility/vessel owner is the legal entity, including a
lessee, which exercises control over management and record keeping
functions relating to a building, facility, and/or vessel in
[[Page 33988]]
which activities covered by this standard take place.
* * * * *
133. On page 41080, in the second column, in Sec. 1915.1001,
paragraph (b), the definition of ``Certified Industrial Hygienist,''
line 3 is corrected by removing the word ``comprehensive''.
134. On page 41080, in the third column, in Sec. 1915.1001,
paragraph (b), the definition of ``Class IV asbestos work'' is
corrected to read:
* * * * *
(b) * * *
Class IV asbestos work means maintenance and custodial activities
during which employees contact but do not disturb ACM or PACM and
activities to clean up dust, waste and debris resulting from Class I,
II, and III activities.
* * * * *
135. On page 41080, in the third column, in Sec. 1915.1001,
paragraph (b), the definition of ``Disturbance,'' the first sentence is
corrected to read:
* * * * *
(b)* * *
Disturbance means activities that disrupt the matrix of ACM or
PACM, crumble or pulverize ACM or PACM, or generate visible debris from
ACM or PACM.* * *
* * * * *
136. On page 41081, in the first column, in Sec. 1915.1001,
paragraph (b), the definition of ``Glovebag,'' line 1, the word ``an''
is corrected to read ``not more than a 60 x 60 inch''.
137. On page 41081, in the first column, in Sec. 1915.1001,
paragraph (b), the definition of ``Intact,'' line 3, the word ``it'' is
corrected to read ``the asbestos''.
138. On page 41081, in the first column, in Sec. 1915.1001,
paragraph (b), the definition of ``Modification,'' line 2, the words
``paragraph (g)(6)(2)'' are corrected to read ``paragraph (g)(6)(ii) of
this section''.
139. On page 41081, in the first column, in Sec. 1915.1001,
paragraph (b), the definition of ``Modification,'' line 12 is corrected
by removing the number ``(ii)''.
140. On page 41081, in the first column, in Sec. 1915.1001,
paragraph (b), the definition of ``Negative Initial Exposure
Assessment,'' line 4, the words ``paragraph (f)(iii)'' are corrected to
read ``paragraph (f)(2)(iii)''.
141. On page 41081, in the first column, in Sec. 1915.1001,
paragraph (b), the definition of ``Presumed Asbestos Containing
Material,'' line 7, the number ``(4)'' is corrected to read ``(5)''.
142. On page 41081, in the first column, in Sec. 1915.1001,
paragraph (b), the definition of ``Qualified person'' is corrected to
read:
* * * * *
(b) * * *
Qualified person means, in addition to the definition in 29 CFR
1926.32(f), one who is capable of identifying existing asbestos hazards
in the workplace and selecting the appropriate control strategy for
asbestos exposure, who has the authority to take prompt corrective
measures to eliminate them, as specified in 29 CFR 1926.32(f); in
addition, for Class I and Class II work who is specially trained in a
training course which meets the criteria of EPA's Model Accreditation
Plan (40 CFR part 763) for supervisor, or its equivalent, and for Class
III and Class IV work, who is trained in a manner consistent with EPA
requirements for training of local education agency maintenance and
custodial staff as set forth at 40 CFR 763.92(a)(2).
* * * * *
143. On page 41081, in the second column, in Sec. 1915.1001,
paragraph (b), the definition of ``Regulated area,'' line 12 is
corrected by removing the number ``(6)''.
144. On page 41081, in the second column, in Sec. 1915.1001,
paragraph (c)(1), line 8, the word ``of'' is corrected to read ``to''.
145. On page 41081, in Sec. 1915.1001, paragraph (c)(2), line 5 of
the third column, the word ``of'' is corrected to read ``to''.
146. On page 41081, in the third column, in Sec. 1915.1001,
paragraph (d)(3), line 13 is corrected by removing the number ``(1)''.
147. On page 41082, in the first column, in Sec. 1915.1001,
paragraph (e)(2), line 6 is corrected by removing the words
``concentrations of''.
148. On page 41082, in the first column, in Sec. 1915.1001,
paragraph (e)(2), line 12, the number ``(6)'' is corrected to read
``(7)''.
149. On page 41082, in the first column, in Sec. 1915.1001,
paragraph (e)(4), line 3, the number ``(2)'' is corrected to read
``(1)''.
150. On page 41082, in the first column, in Sec. 1915.1001,
paragraph (f)(1)(i), line 2, the word ``of'' is corrected to read
``or''.
151-154. On page 41082, in the second column, in Sec. 1915.1001,
paragraph (f)(2)(ii) is corrected to read:
* * * * *
(f) * * *
(2) * * *
(ii) Basis of Initial Exposure Assessment: Unless a negative
exposure assessment has been made pursuant to paragraph (f)(2)(iii) of
this section, the initial exposure assessment shall, if feasible, be
based on monitoring conducted pursuant to paragraph (f)(1)(iii) of this
section. The assessment shall take into consideration both the
monitoring results and all observations, information or calculations
which indicate employee exposure to asbestos, including any previous
monitoring conducted in the workplace, or of the operations of the
employer which indicate the levels of airborne asbestos likely to be
encountered on the job. For Class I asbestos work, until the employer
conducts exposure monitoring and documents that employees on that job
will not be exposed in excess of the PELs, or otherwise makes a
negative exposure assessment pursuant to paragraph (f)(2)(iii) of this
section, the employer shall presume that employees are exposed in
excess of the TWA and excursion limit.
(iii) * * *
* * * * *
155. On page 41082, in the third column, in Sec. 1915.1001,
paragraph (f)(3)(iii), line 4 is corrected to read, ``operated in the
pressure demand mode, or other positive pressure mode respirator,''.
156. On page 41082, in the third column, in Sec. 1915.1001,
paragraph (f)(4), line 1 is corrected to read, ``(4) Termination of
monitoring. (i) If''.
157. On page 41083, in Sec. 1915.1001, paragraph (f)(4)(i), line 3
of the first column, the word ``measurement'' is corrected to read
``measurements''.
158. On page 41083, in the first column, in Sec. 1915.1001,
paragraph (f)(5) is redesignated as paragraph (f)(6) and a new
paragraph (f)(5) is added to read:
* * * * *
(f) * * *
(5) Employee notification of monitoring results. (i) The employer
shall notify affected employees of the monitoring results that
represent that employee's exposure as soon as possible following
receipt of monitoring results.
(ii) The employer shall notify affected employees of the results of
monitoring representing the employee's exposure in writing either
individually or by posting at a centrally located place that is
accessible to affected employees.
* * * * *
159. On page 41083, in the first column, in Sec. 1915.1001,
paragraph (g)(1)(i) is corrected to read:
* * * * *
(g) * * *
(1) * * *
(i) Vacuum cleaners equipped with HEPA filters to collect all
debris and dust containing ACM and PACM, except
[[Page 33989]]
as provided in paragraph (g)(8)(ii) of this section in the case of
roofing material;
* * * * *
160. On page 41083, in the first column, in Sec. 1915.1001,
paragraph (g)(1)(ii), lines 9 and 10, the words ``slipping hazards;''
are corrected to read ``except as provided in paragraph (g)(8)(ii) of
this section;''.
161. On page 41083, in the first column, in Sec. 1915.1001,
paragraph (g)(1)(iii), line 3 is corrected by adding the words ``except
in roofing operations, where the procedures specified in paragraph
(g)(8)(ii) of this section apply'' after the word ``containers''.
162. On page 41083, in the third column, in Sec. 1915.1001,
paragraph (g)(4)(ii)(A) is corrected to read:
* * * * *
(g) * * *
(4) * * *
(ii) * * *
(A) Critical barriers shall be placed over all the openings to the
regulated area, except where activities are performed outdoors; or
* * * * *
163. On page 41083, in the third column, in Sec. 1915.1001,
paragraph (g)(4)(ii)(B), line 13 is corrected by adding the words
``Phase Contrast Microscopy'' before the word ``(PCM)''.
164. On page 41083, in the third column, in Sec. 1915.1001,
paragraph (g)(4)(ii)(B) is corrected by adding the following sentence
to the end of the paragraph, ``Exception: For work completed outdoors
where employees are not working in areas adjacent to the regulated
areas, this paragraph (g)(4)(ii) is satisfied when the specific control
methods in paragraph (g)(5) of this section are used.''.
165. On page 41083, in the third column, in Sec. 1915.1001,
paragraph (g)(5)(i) introductory text, line 2, the word ``shall'' is
corrected to read ``may''.
166. On page 41084, in the first column, in Sec. 1915.1001,
paragraph (g)(5)(i)(B)(1), line 3 is corrected by adding the word
``be'' after the word ``shall''.
167. On page 41084, in the first column, in Sec. 1915.1001,
paragraph (g)(5)(ii) introductory text is corrected to read:
* * * * *
(g) * * *
(5) * * *
(ii) Glove bag systems may be used to remove PACM and/or ACM from
straight runs of piping and elbows and other connections with the
following specifications and work practices:
* * * * *
168. On page 41084, in the first column, in Sec. 1915.1001,
paragraph (g)(5)(ii)(A)(2) is corrected to read:
* * * * *
(g) * * *
(5) * * *
(ii) * * *
(A) * * *
(2) Glovebags used on elbows and other connections must be designed
for that purpose and used without modifications.
* * * * *
169. On page 41084, in the first column, in Sec. 1915.1001,
paragraph (g)(5)(ii)(B)(4), line 3, the number ``150 deg.'' is
corrected to read ``150 deg.F''.
170. On page 41084, in the first column, in Sec. 1915.1001,
paragraph (g)(5)(ii)(B)(9), line 2, the word ``removals'' is corrected
to read ``removal operations''.
171. On page 41084, in the second column, in Sec. 1915.1001,
paragraph (g)(5)(iii) introductory text, line 3, the word ``shall'' is
corrected to read ``may''.
172. On page 41084, in the second column, in Sec. 1915.1001,
paragraph (g)(5)(iii)(A), line 2, the word ``bags'' is corrected to
read ``bag''.
173. On page 41084, in the second column, in Sec. 1915.1001,
paragraph (g)(5)(iii)(B)(1), line 3, the number ``(2)'' is corrected to
read ``(4)''.
174. On page 41084, in the second column, in Sec. 1915.1001,
paragraph (g)(5)(iii)(B)(2), line 4 is corrected by adding the words
``until it is completed at which time the bag shall be collapsed prior
to removal of the bag from the pipe'' after the word ``operation''.
175. On page 41084, in the second column, in Sec. 1915.1001,
paragraph (g)(5)(iv) introductory text, line 3, the word ``shall'' is
corrected to read ``may''.
176. On page 41084, in the second column, in Sec. 1915.1001,
paragraph (g)(5)(iv)(A)(2), line 2 is corrected by adding the word
``the'' after the word ``in''.
177. On page 41084, in the second column, in Sec. 1915.1001,
paragraph (g)(5)(iv)(B)(2) is corrected to read:
* * * * *
(g) * * *
(5) * * *
(iv) * * *
(B) * * *
(2) The box shall be smoke-tested for leaks and any leaks sealed
prior to each use.
* * * * *
178. On page 41084, in the third column, in Sec. 1915.1001,
paragraph (g)(5)(vi)(C) is correctly designated as paragraph
(g)(5)(vi)(B).
179. On page 41084, in the third column, newly designated paragraph
(g)(5)(vi)(B)(1) is corrected to read:
* * * * *
(g) * * *
(5) * * *
(vi) * * *
(B) * * *
(1) Before use, the mini-enclosure shall be inspected for leaks and
smoke-tested to detect breaches, and any breaches sealed.
* * * * *
180. On page 41084, in the third column, in Sec. 1915.1001, newly
designated paragraph (g)(5)(vi)(B)(3), line 1 is corrected by adding a
comma after the word ``use''.
181-182. On page 41084, in the third column, in Sec. 1915.1001,
newly designated paragraph (g)(5)(vi)(B)(3), line 4, the word
``minienclosure'' is corrected to read ``mini-enclosure''.
183. On page 41085, in the first column, in Sec. 1915.1001,
paragraph (g)(6)(ii) introductory text, line 20, the words
``(g)(4)(i)(B)(2)'' are corrected to read ``(g)(4)(ii)(B)''.
184. On page 41085, in the first column, in Sec. 1915.1001,
paragraph (g)(6)(iii), line 6 is corrected by adding the words ``of
this section'' after the words ``paragraph (g)(6)''.
185. On page 41085, in the first column, in Sec. 1915.1001,
paragraph (g)(6)(iii), line 10, the word ``Supportm'' is corrected to
read ``Support''.
186. On page 41085, in the first column, in Sec. 1915.1001,
paragraph (g)(6)(iii) is corrected by adding a sentence to the end of
the paragraph to read, ``The submission shall not constitute approval
by OSHA.''.
187. On page 41085, in the first column, in Sec. 1915.1001,
paragraph (g)(7)(i), line 1 is corrected by removing the comma after
the word ``work''.
188. On page 41085, in the first column, in Sec. 1915.1001,
paragraph (g)(7)(ii) introductory text, line 4, the number ``(4)'' is
corrected to read ``(2)''.
189. On page 41085, in the first column, in Sec. 1915.1001,
paragraph (g)(7)(ii) introductory text, line 5 is corrected by adding a
comma after the word ``job''.
190. On page 41085, in the second column, in Sec. 1915.1001,
paragraph (g)(7)(ii)(B), line 8, the words ``(g)(4)(i)(B)(2)'' are
corrected to read ``(g)(4)(ii)(B)''.
191. On page 41085, in the second column, in Sec. 1915.1001,
paragraph (g)(7)(iv), line 4, the words ``(g)(3)(i) through (v)'' are
corrected to read ``(g)(1)(i) through (g)(1)(iii)''.
192. On page 41085, in the second column, in Sec. 1915.1001,
paragraph
[[Page 33990]]
(g)(8)(i) introductory text, line 11, the number ``(8)'' is corrected
to read ``(9)''.
193. On page 41085, in the second column, in Sec. 1915.1001,
paragraph (g)(8)(i)(F), line 4, the number ``(iv)'' is corrected to
read ``(i)''.
194. On page 41085, in the third column, in Sec. 1915.1001,
paragraph (g)(8)(ii)(B) is corrected to read:
* * * * *
(g) * * *
(8) * * *
(ii) * * *
(B) Wet methods shall be used to remove roofing materials that are
not intact, or that will be rendered not intact during removal, unless
such wet methods are not feasible or will create safety hazards.
* * * * *
195. On page 41085, in the third column, in Sec. 1915.1001,
paragraph (g)(8)(ii)(D) is corrected to read:
* * * * *
(g) * * *
(8) * * *
(ii) * * *
(D) When removing built-up roofs with asbestos-containing roofing
felts and an aggregate surface using a power roof cutter, all dust
resulting from the cutting operation shall be collected by a HEPA dust
collector, or shall be HEPA vacuumed by vacuuming along the cut line.
When removing built-up roofs with asbestos-containing roofing felts and
a smooth surface using a power roof cutter, the dust resulting from the
cutting operation shall be collected either by a HEPA dust collector or
HEPA vacuuming along the cut line, or by gently sweeping and then
carefully and completely wiping up the still-wet dust and debris left
along the cut line. The dust and debris shall be immediately bagged or
placed in covered containers.
* * * * *
196. On page 41085, in the third column, in Sec. 1915.1001,
paragraph (g)(8)(ii)(E) is corrected to read:
* * * * *
(g) * * *
(8) * * *
(ii) * * *
(E) Asbestos-containing material that has been removed from a roof
shall not be dropped or thrown to the ground. Unless the material is
carried or passed to the ground by hand, it shall be lowered to the
ground via covered, dust-tight chute, crane or hoist:
(1) Any ACM that is not intact shall be lowered to the ground as
soon as is practicable, but in any event no later than the end of the
work shift. While the material remains on the roof it shall either be
kept wet, placed in an impermeable waste bag, or wrapped in plastic
sheeting.
(2) Intact ACM shall be lowered to the ground as soon as is
practicable, but in any event no later than the end of the work shift.
* * * * *
197. On page 41085, in the third column, in Sec. 1915.1001, a new
paragraph (g)(8)(ii)(H) is added to read:
* * * * *
(g) * * *
(8) * * *
(ii) * * *
(H) Notwithstanding any other provision of this section, removal or
repair of sections of intact roofing less than 25 square feet in area
does not require use of wet methods or HEPA vacuuming as long as manual
methods which do not render the material non-intact are used to remove
the material and no visible dust is created by the removal method used.
In determining whether a job involves less than 25 square feet, the
employer shall include all removal and repair work performed on the
same roof on the same day.
* * * * *
198. On page 41085, in the third column, in Sec. 1915.1001,
paragraph (g)(8)(iii) introductory text is corrected to read:
* * * * *
(g) * * *
(8) * * *
(iii) When removing cementitious asbestos-containing siding and
shingles or transite panels containing ACM on building exteriors (other
than roofs, where paragraph (g)(8)(ii) of this section applies) the
employer shall ensure that the following work practices are followed:
* * * * *
199. On page 41086, in the first column, in Sec. 1915.1001,
paragraph (g)(8)(v)(A), line 2 is corrected by adding the word ``to''
after the word ``prior''.
200. On page 41086, in the second column, in Sec. 1915.1001,
paragraph (g)(9)(iii), line 9 is corrected by adding the words ``or
another isolation method'' after the word ``section''.
201. On page 41086, in the second column, in Sec. 1915.1001,
paragraph (g)(9)(iv), line 4, the number ``(4)'' is corrected to read
``(2)''.
202. On page 41086, in the second column, in Sec. 1915.1001,
paragraph (g)(9)(v), line 7, the words ``paragraph (e)(4)(iii)'' are
corrected to read ``paragraph (f)(2)(iii)''.
203. On page 41086, in the second column, in Sec. 1915.1001,
paragraph (g)(10) introductory text, line 5, the number ``(8)'' is
corrected to read ``(9)''.
204. On page 41086, in the third column, in Sec. 1915.1001,
paragraph (g)(11)(ii), line 19 is corrected by adding the words ``to
this section'' after the words ``Appendix L''.
205. On page 41086, in the third column, in Sec. 1915.1001, a new
paragraph (g)(12) is added to read:
* * * * *
(g) * * *
(12) Alternative methods of compliance for installation, removal,
repair, and maintenance of certain roofing materials. Notwithstanding
any other provision of this section, an employer who complies with all
provisions of this paragraph (g)(12) when installing, removing,
repairing, or maintaining intact roof cements, mastics, coatings, or
flashings which contain asbestos fibers encapsulated or coated by
bituminous or resinous compounds shall be deemed to be in compliance
with this section. If an employer does not comply with all provisions
of this paragraph (g)(12), or if during the course of the job the
material does not remain intact, the provisions of paragraph (g)(8) of
this section apply instead of this paragraph (g)(12).
(i) Before work begins and as needed during the job, a qualified
person who is capable of identifying asbestos hazards in the workplace
and selecting the appropriate control strategy for asbestos exposure,
and who has the authority to take prompt corrective measures to
eliminate such hazards, shall conduct an inspection of the worksite and
determine that the roofing material is intact and will likely remain
intact.
(ii) All employees performing work covered by this paragraph
(g)(12) shall be trained in a training program that meets the
requirements of paragraph (k)(9)(viii) of this section.
(iii) The material shall not be sanded, abraded, or ground. Manual
methods which do not render the material non-intact shall be used.
(iv) Material that has been removed from a roof shall not be
dropped or thrown to the ground. Unless the material is carried or
passed to the ground by hand, it shall be lowered to the ground via
covered, dust-tight chute, crane or hoist. All such material shall be
removed from the roof as soon as is practicable, but in any event no
later than the end of the work shift.
(v) Where roofing products which have been labeled as containing
asbestos pursuant to paragraph (k)(8) of this section are installed on
non-residential roofs during operations covered by this paragraph
(g)(12), the employer shall notify the building owner of the
[[Page 33991]]
presence and location of such materials no later than the end of the
job.
* * * * *
206. On page 41086, in the third column, in Sec. 1915.1001,
paragraph (h)(1)(iii) is corrected to read:
* * * * *
(h) * * *
(1) * * *
(iii) During all Class II and III work which is not performed using
wet methods, provided, however, that respirators need not be worn
during removal of ACM from sloped roofs when a negative exposure
assessment has been made and the ACM is removed in an intact state.
* * * * *
207. On page 41087, in the first column above Table 1, in
Sec. 1915.1001, paragraph (h)(2)(i), line 5 is corrected by adding the
words ``or in paragraph (h)(2)(iii) of this section,'' after the word
``Table 1,''.
208. On page 41087, in the third column above Table 1, in
Sec. 1915.1001, paragraph (h)(2)(iii)(A) is corrected to read:
* * * * *
(h) * * *
(2) * * *
(iii) * * *
(A) An employee chooses to use this type of respirator; and
* * * * *
209. On page 41087, in Sec. 1915.1001, paragraph (h)(2), in Table
1, lines 1 through 3 under the heading ``Airborne concentration of
asbestos or conditions of use'' are corrected to read ``Not in excess
of 1 f/cc (10 X PEL), or otherwise as required independent of exposure
pursuant to paragraph (h)(2)(iv) of this section.''.
210. On page 41087, in the first column below Table 1, in
Sec. 1915.1001, paragraph (h)(2)(v), line 5, the word ``auxiliar76y''
is corrected to read ``auxiliary''.
211. On page 41087, in the second column below Table 1, in
Sec. 1915.1001, paragraph (h)(3)(iv), line 10, the word ``employee'' is
corrected to read ``employees''.
212. On page 41087, in the second column below Table 1, in
Sec. 1915.1001, paragraph (h)(3)(iv), line 12 is corrected by adding a
comma after the word ``position''.
213. On page 41087, in Sec. 1915.1001, paragraph (h)(4)(ii), line 2
of the third column below Table 1, the word ``of'' is corrected to read
``to''.
214. On page 41087, in Sec. 1915.1001, paragraph (h)(4)(ii), line 6
of the third column below Table 1, the number ``(iii)'' is corrected to
read ``(i)''.
215. On page 41087, in the third column below Table 1, in
Sec. 1915.1001, paragraph (i)(1), line 12, the word ``and'' is
corrected to read ``or''.
216. On page 41088, in the first column, in Sec. 1915.1001,
paragraph (j)(1) introductory text, line 3 is corrected by adding the
words ``involving over 25 linear or 10 square feet of TSI or surfacing
ACM and PACM'' after the word ``jobs''.
217. On page 41088, in Sec. 1915.1001, paragraph (j)(1)(i)(C), line
9 of the second column is corrected by removing the word ``Such'' and
adding the words ``Following showering, such'' in its place.
218. On page 41088, in the third column, in Sec. 1915.1001,
paragraph (j)(2)(iii), line 1, the word ``Workclothing'' is corrected
to read ``Work clothing''.
219. On page 41088, in the third column, in Sec. 1915.1001,
paragraph (k), line 2, the word ``Note:'' is removed and the text is
correctly designated as paragraph (k)(1).
220. On page 41088, in the third column, in Sec. 1915.1001, newly
designated paragraph (k)(1), lines 15 and 16, the words ``are required
to treat'' are corrected to read ``shall identify''.
221. On page 41088, in the third column, in Sec. 1915.1001, newly
designated paragraph (k)(1), line 19, the number ``(4)'' is corrected
to read ``(5)''.
222. On page 41088, in the third column, in Sec. 1915.1001, newly
designated paragraph (k)(1), line 25, the words ``paragraph (g), of
this section'' are corrected to read ``paragraph (g)(8)(i)(I) of this
section,''.
223. On page 41089, 8 lines from the top of the first column, in
Sec. 1915.1001, paragraph (k)(1) is redesignated as paragraph (k)(2).
224. On page 41089, in the first column, in Sec. 1915.1001, newly
redesignated paragraph (k)(2)(i) is corrected to read:
* * * * *
(k) * * *
(2) * * *
(i) Before work subject to this standard is begun, building/vessel
and facility owners shall determine the presence, location, and
quantity of ACM and/or PACM at the work site pursuant to paragraph
(k)(1) of this section.
* * * * *
225. On page 41089, 23 lines from the bottom of the first column,
in Sec. 1915.1001, paragraph (k)(2) is redesignated as paragraph
(k)(3).
226. On page 41089, in the first column, in Sec. 1915.1001, newly
redesignated paragraph (k)(3)(i), line 5 is corrected by adding the
words ``pursuant to paragraph (k)(1) of this section'' after the word
``therein''.
227. On page 41089, 15 lines from the top of the second column, in
Sec. 1915.1001, paragraph (k)(3) is redesignated as paragraph (k)(4).
228. On page 41089, 25 lines from the top of the second column, in
Sec. 1915.1001, paragraph (k)(4) is redesignated as paragraph (k)(5).
229. On page 41089, in the second column, in Sec. 1915.1001, newly
redesignated paragraph (k)(5)(i), line 11, the number ``(4)'' is
corrected to read ``(5)''.
230. On page 41089, in the second column, in Sec. 1915.1001, newly
redesignated paragraph (k)(5)(ii) introductory text, line 3 is
corrected by adding the words ``more than 1%'' after the word
``contain''.
231. On page 41089, in the second column, in Sec. 1915.1001, newly
redesignated paragraph (k)(5)(ii)(A), line 5 is corrected by adding the
word ``or'' after the word ``ACM;''.
232. On page 41089, in the second column, in Sec. 1915.1001, newly
redesignated paragraph (k)(5)(ii)(B), line 3, the word ``asbestos'' is
corrected to read ``ACM''.
233. On page 41089, in the second column, in Sec. 1915.1001, newly
redesignated paragraph (k)(5)(ii)(B), lines 5 through 7 are corrected
to read, ``analysis of bulk samples collected in the manner described
in 40 CFR 763.86. The''.
234. On page 41089, in the second column, in Sec. 1915.1001, newly
redesignated paragraph (k)(5)(ii)(B), line 17, the word ``of'' is
corrected to read ``or''.
235. On page 41089, in the second column, in Sec. 1915.1001, newly
redesignated paragraph (k)(5)(ii)(B), line 19, the word ``of'' is
corrected to read ``or''.
236. On page 41089, in the third column, in Sec. 1915.1001, a new
paragraph (k)(5)(iii) is added to read:
* * * * *
(k) * * *
(5) * * *
(iii) The employer and/or building/vessel owner may demonstrate
that flooring material including associated mastic and backing does not
contain asbestos, by a determination of an industrial hygienist based
upon recognized analytical techniques showing that the material is not
ACM.
* * * * *
237. On page 41089, 5 lines from the top of the third column, in
Sec. 1915.1001, paragraph (k)(5) is redesignated as paragraph (k)(6).
238. On page 41089, in the third column, in Sec. 1915.1001, newly
redesignated paragraph (k)(6), lines 4
[[Page 33992]]
and 5, the words ``TSI or surfacing ACM and PACM'' are corrected to
read ``ACM and/or PACM''.
239. On page 41089, 15 lines from the top of the third column, in
Sec. 1915.1001, paragraph (k)(6) is redesignated as paragraph (k)(7).
240. On page 41089, in the third column, in Sec. 1915.1001, newly
redesignated paragraph (k)(7)(ii) is corrected to read:
* * * * *
(k) * * *
(7) * * *
(ii)(A) The warning signs required by paragraph (k)(7) of this
section shall bear the following information:
DANGER
ASBESTOS
CANCER AND LUNG DISEASE HAZARD
AUTHORIZED PERSONNEL ONLY
(B) In addition, where the use of respirators and protective
clothing is required in the regulated area under this section, the
warning signs shall include the following:
RESPIRATORS AND PROTECTIVE CLOTHING ARE REQUIRED IN THIS AREA
* * * * *
241. On page 41089, in the third column, in Sec. 1915.1001, a new
paragraph (k)(7)(iii) is added to read:
* * * * *
(k) * * *
(7) * * *
(iii) The employer shall ensure that employees working in and
contiguous to regulated areas comprehend the warning signs required to
be posted by paragraph (k)(7)(i) of this section. Means to ensure
employee comprehension may include the use of foreign languages,
pictographs and graphics.
* * * * *
242. On page 41089, 32 lines from the bottom of the third column,
in Sec. 1915.1001, paragraph (k)(7) is redesignated as paragraph
(k)(8).
243. On page 41089, in the third column, in Sec. 1915.1001, newly
redesignated paragraph (k)(8)(vi) introductory text, lines 2 and 3, the
words ``paragraphs (k)(2)(i) through (k)(2)(iii)'' are corrected to
read ``paragraphs (k)(8)(i) through (k)(8)(iii)''.
244. On page 41090, in the first column, in Sec. 1915.1001, newly
redesignated paragraph (k)(8)(vi)(B), lines 2 and 3 are corrected by
removing the words ``by weight''.
245. On page 41090, in the first column, in Sec. 1915.1001, newly
redesignated paragraph (k)(8)(vii), line 12, the number ``(5)'' is
corrected to read ``(6)''.
246. On page 41090, in the first column, in Sec. 1915.1001,
paragraph (k)(8) is redesignated as paragraph (k)(9) and is corrected
to read:
* * * * *
(k) * * *
(9) Employee Information and Training. (i) The employer shall, at
no cost to the employee, institute a training program for all employees
who are likely to be exposed in excess of a PEL and for all employees
who perform Class I through IV asbestos operations, and shall ensure
their participation in the program.
(ii) Training shall be provided prior to or at the time of initial
assignment and at least annually thereafter.
(iii) Training for Class I operations shall be the equivalent in
curriculum, training method and length to the EPA Model Accreditation
Plan (MAP) asbestos abatement workers training (40 CFR part 763,
subpart E, appendix C).
(iv) Training for Class II work. For work with asbestos containing
material involving roofing materials, flooring materials, siding
materials, ceiling tiles, or transite panels, training shall include at
a minimum all the elements included in paragraph (k)(9)(viii) of this
section and in addition, the specific work practices and engineering
controls set forth in paragraph (g) of this section which specifically
relate to that category. Such course shall include ``hands-on''
training and shall take at least 8 hours. Exception: For other Class II
operations, training shall be provided which shall include at a minimum
all the elements included in paragraph (k)(9)(viii) of this section and
in addition, the specific work practices and engineering controls set
forth in paragraph (g) of this section which specifically relate to
that category, and shall include ``hands-on'' training.
(v) Training for Class III employees shall be consistent with EPA
requirements for training of local education agency maintenance and
custodial staff as set forth at 40 CFR 763.92(a)(2). Such a course
shall also include ``hands-on'' training and shall take at least 16
hours. Exception: For Class III operations for which the qualified
person determines that the EPA curriculum does not adequately cover the
training needed to perform that activity, training shall include as a
minimum all the elements included in paragraph (k)(9)(viii) of this
section and in addition, the specific work practices and engineering
controls set forth in paragraph (g) of this section which specifically
relate to that activity, and shall include ``hands-on'' training.
(vi) Training for employees performing Class IV operations shall be
consistent with EPA requirements for training of local education agency
maintenance and custodial staff as set forth at 40 CFR 763.92(a)(1).
Such a course shall include available information concerning the
locations of thermal system insulation and surfacing ACM/PACM, and
asbestos-containing flooring material, or flooring material where the
absence of asbestos has not yet been certified; and instruction in
recognition of damage, deterioration, and delamination of asbestos
containing building materials. Such course shall take at least 2 hours.
(vii) Training for employees who are likely to be exposed in excess
of the PEL and who are not otherwise required to be trained under
paragraph (k)(9) (iii) through (vi) of this section, shall meet the
requirements of paragraph (k)(9)(viii) of this section.
(viii) The training program shall be conducted in a manner that the
employee is able to understand. In addition to the content required by
provisions in paragraphs (k)(9) (iii) through (vi) of this section, the
employer shall ensure that each such employee is informed of the
following:
(A) Methods of recognizing asbestos, including the requirement in
paragraph (k)(1) of this section to presume that certain building
materials contain asbestos;
(B) The health effects associated with asbestos exposure;
(C) The relationship between smoking and asbestos in producing lung
cancer;
(D) The nature of operations that could result in exposure to
asbestos, the importance of necessary protective controls to minimize
exposure including, as applicable, engineering controls, work
practices, respirators, housekeeping procedures, hygiene facilities,
protective clothing, decontamination procedures, emergency procedures,
and waste disposal procedures, and any necessary instruction in the use
of these controls and procedures; where Class III and IV work will be
or is performed, the contents of EPA 20T-2003, ``Managing Asbestos In-
Place'' July 1990 or its equivalent in content;
(E) The purpose, proper use, fitting instructions, and limitations
of respirators as required by 29 CFR 1910.134;
(F) The appropriate work practices for performing the asbestos job;
(G) Medical surveillance program requirements;
(H) The content of this standard including appendices;
[[Page 33993]]
(I) The names, addresses and phone numbers of public health
organizations which provide information, materials and/or conduct
programs concerning smoking cessation. The employer may distribute the
list of such organizations contained in Appendix J to this section, to
comply with this requirement; and
(J) The requirements for posting signs and affixing labels and the
meaning of the required legends for such signs and labels.
* * * * *
247. On page 41090, 8 lines from the top of the third column,
paragraph (k)(9) is redesignated as paragraph (k)(10).
248. On page 41090, in the third column, in Sec. 1915.1001, newly
redesignated paragraph (k)(10)(i), line 4 is corrected by adding a
comma after the word ``cost''.
249. On page 41090, in the third column, in Sec. 1915.1001, newly
redesignated paragraph (k)(10)(iii), line 10 is corrected by adding the
words ``to this section'' after the words ``Appendix J''.
250. On page 41090, in the third column, in Sec. 1915.1001,
paragraph (1) entitled ``Housekeeping'' is correctly designated as
paragraph (l) entitled ``Housekeeping''.
251. On page 41090, in the third column, in Sec. 1915.1001,
paragraph (l)(2), line 7 is corrected by adding the words ``except in
roofing operations, where the procedures specified in paragraph
(g)(8)(ii) of this section apply'' after the word ``containers''.
252. On page 41090, in the third column, in Sec. 1915.1001,
paragraph (l)(3)(i), line 6, the words ``paragraph (g)'' are corrected
to read ``paragraph (g)(8)(i)(I) of this section''.
253. On page 41090, in the third column, in Sec. 1915.1001, the
three paragraphs following the first paragraph (l)(3)(i) are
redesignated as paragraphs (l)(3)(ii), (l)(3)(iii), and (l)(3)(iv),
respectively.
254. On page 41090, in the third column, in Sec. 1915.1001, in
newly redesignated paragraph (l)(3)(iii), line 3, the word ``speed'' is
corrected to read ``speeds''.
255. On page 41090, in the third column, in Sec. 1915.1001,
paragraph (l)(4) introductory text is corrected to read:
* * * * *
(l) * * *
(4) Waste and debris and accompanying dust in an area containing
accessible thermal system insulation or surfacing ACM/PACM or visibly
deteriorated ACM:
* * * * *
256. On page 41091, in the first column, in Sec. 1915.1001,
paragraph (l)(4)(ii), line 2 is corrected by adding the word ``of''
after the word ``disposed''.
257. On page 41091, in the first column, in Sec. 1915.1001,
paragraph (m)(1)(i), is corrected to read:
* * * * *
(m) * * *
(1) * * *
(i) Employees covered. (A) The employer shall institute a program
for all employees who, for a combined total of 30 or more days per
year, are engaged in Class I, II, or III work or are exposed at or
above the permissible exposure limit for a combined 30 days or more per
year. For purposes of this subparagraph, any day in which a worker
engages in Class II or Class III work or a combination thereof for one
hour or less and, while doing so, adheres fully to the work practices
specified in this standard, shall not be counted.
(B) For employees otherwise required by this standard to wear a
negative pressure respirator, employers shall ensure employees are
physically able to perform the work and use the equipment. This
determination shall be made under the supervision of a physician.
* * * * *
258. On page 41091, in the first column, in Sec. 1915.1001,
paragraph (m)(1)(ii), line 1 is corrected by removing the words ``by a
physician''.
259. On page 41091, in the first column, in Sec. 1915.1001,
paragraph (m)(2)(i)(B) is corrected to read:
* * * * *
(m) * * *
(2) * * *
(i) * * *
(B) When the employee is assigned to an area where exposure to
asbestos may be at or above the permissible exposure limit for 30 or
more days per year, or engage in Class I, II, or III work for a
combined total of 30 or more days per year, a medical examination must
be given within 10 working days following the thirtieth day of
exposure;
* * * * *
260. On page 41091, in the second column, in Sec. 1915.1001,
paragraph (m)(3)(i), line 2 is corrected by removing the letter ``G,''.
261. On page 41091, in the third column, in Sec. 1915.1001,
paragraph (n)(1)(i), line 3, the word ``demonstrate'' is corrected to
read ``demonstrates''.
262. On page 41091, in the third column, in Sec. 1915.1001,
paragraph (n)(1)(i), line 4 is corrected by adding the words ``or the
activity involving such products or material'' after the words
``containing asbestos''.
263. On page 41092, in the first column, in Sec. 1915.1001,
paragraph (n)(4), line 3, the number ``1'' is corrected by enclosing it
in parenthesis to read ``(1)''.
264. On page 41092, in the second column, in Sec. 1915.1001,
paragraph (o)(3) introductory text, lines 5 and 6, the words ``in
paragraph (p)(3)(i) and (ii)'' are corrected to read ``in paragraph
(o)(3)(i)''.
265. On page 41092, in the second column, in Sec. 1915.1001,
paragraph (o)(3) introductory text, lines 9 and 10, the words ``Class
II and III'' are corrected to read ``Class II, III, and IV''.
266. On page 41092, in the second column, in Sec. 1915.1001,
paragraph (o)(3)(i) introductory text, line 4, the words ``paragraph
(g)(1)'' are corrected to read ``paragraph (e)(6)''.
267. On page 41092, in the second column, in Sec. 1915.1001,
paragraph (o)(3)(i)(E), line 3, the words ``protective clothing'' are
corrected to read ``respirators''.
268. On page 41092, in the second column, in Sec. 1915.1001,
paragraph (o)(3)(i)(E), line 4, the word ``respirators'' is corrected
to read ``protective clothing''.
269. On page 41092, in the second column, in Sec. 1915.1001,
paragraph (o)(3)(i)(F), line 2, the words ``set up'' are corrected to
read ``set up, use,''.
270. On page 41092, in the third column, in Sec. 1915.1001,
paragraph (o)(3)(i)(H), line 1, the word ``though'' is corrected to
read ``through''.
271. On page 41092, in the third column, in Sec. 1915.1001,
paragraph (o)(3)(i)(H), line 2 is corrected by adding a comma after the
word ``inspection''.
272. On page 41092, in the third column, in Sec. 1915.1001,
paragraph (o)(3)(i)(I), line 2, the words ``paragraph (f)(6)'' are
corrected to read ``paragraph (k)''.
273. On page 41092, in the third column, in Sec. 1915.1001,
paragraph (o)(4)(i), lines 12 through 16 are corrected to read ``that
meets the criteria of EPA's Model Accredited Plan (40 CFR part 763) or
a course equivalent in stringency, content, and length.''
274-276. On page 41092, in the second column, in Sec. 1915.1001,
paragraph (o)(4)(ii) is corrected to read:
* * * * *
(o) * * *
(4) * * *
(ii) For Class III and IV asbestos work, the qualified person shall
be trained in aspects of asbestos handling appropriate for the nature
of the work, to include procedures for setting up glove bags and mini-
enclosures, practices for reducing asbestos exposures, use of wet
methods,
[[Page 33994]]
the contents of this standard, and the identification of asbestos. Such
training shall include successful completion of a course that is
consistent with EPA requirements for training of local education agency
maintenance and custodial staff as set forth at 40 CFR 763.92(a)(2), or
its equivalent in stringency, content, and length. Qualified persons
for Class III and Class IV work may also be trained pursuant to the
requirements of paragraph (o)(4)(i) of this section.
* * * * *
Appendix A to Sec. 1915.1001 [Corrected]
277. On page 41093, in the first column, the heading for Appendix A
to Sec. 1915.1001 is corrected to read:
Appendix A to Sec. 1915.1001--OSHA Reference Method (Mandatory)''
* * * * *
278. On page 41093, in the first column, in Sec. 1915.1001, in
Appendix A, in the introductory paragraph, lines 3 and 4 are corrected
by removing the words ``tremolite, anthophyllite, and actinolite''.
279. On page 41093, in the first column, in Sec. 1915.1001, in
Appendix A, in the introductory paragraph, line 11, the word ``ID-60''
is corrected to read ``ID-160''.
280. On page 41093, in the first column, in Sec. 1915.1001, in
Appendix A, in the introductory paragraph, line 12, the words ``NIOSH
7400 method'' are corrected to read ``NIOSH Method 7400''.
281. On page 41093, in the first column, in Sec. 1915.1001, in
Appendix A, under the heading entitled ``Sampling and Analytical
Procedure,'' paragraph 1, line 5 is corrected by removing the words
``tremolite, anthophyllite, and actinolite''.
282. On page 41093, in Sec. 1915.1001, in Appendix A, under the
heading entitled ``Sampling and Analytical Procedure,'' paragraph 2,
line 6 of the second column is corrected by adding a sentence ``Other
cassettes such as the Bell-mouth may be used within the limits of their
validation.'' after the word ``record.''.
283. On page 41093, in the second column, in Sec. 1915.1001, in
Appendix A, under the heading entitled ``Sampling and Analytical
Procedure,'' paragraph 3, line 2, the number ``2.5'' is corrected to
read ``5''.
284. On page 41093, in the second column, in Sec. 1915.1001, in
Appendix A, under the heading ``Sampling and Analytical Procedure,''
paragraph 3, line 5, the number ``2.5'' is corrected to read ``5''.
285. On page 41093, in the second to third column, in
Sec. 1915.1001, in Appendix A, under the heading entitled ``Sampling
and Analytical Procedure,'' paragraph 11 is corrected to read:
* * * * *
11. Each set of samples taken will include 10% field blanks or a
minimum of 2 field blanks. These blanks must come from the same lot
as the filters used for sample collection. The field blank results
shall be averaged and subtracted from the analytical results before
reporting. A set consists of any sample or group of samples for
which an evaluation for this standard must be made. Any samples
represented by a field blank having a fiber count in excess of the
detection limit of the method being used shall be rejected.
* * * * *
286. On page 41093, in the third column, in Sec. 1915.1001, in
Appendix A, under the heading entitled ``Sampling and Analytical
Procedure,'' paragraph 13.b. is corrected to read:
* * * * *
13. * * *
b. In the absence of other information, count all particles as
asbestos that have a length-to-width ratio (aspect ratio) of 3 to 1
or greater.
* * * * *
Appendix B to Sec. 1915.1001 [Corrected]
287. On page 41094, in Sec. 1915.1001, in Appendix B, the table is
corrected so that the word ``Air'' is removed from between the double
lines at the beginning and added following the word ``Matrix''.
288. On page 41094, in the first column below the table, in
Sec. 1915.1001, in Appendix B, under the heading entitled ``1.
Introduction,'' in the definition of ``Asbestos,'' the chemical formula
for Crocidolite is corrected to read
``Na2Fe32+Fe23+Si8O22(OH)2''.
289. On page 41094, in the second column below the table, in
Sec. 1915.1001, in Appendix B, in the definition of ``Walton-Beckett
Graticule,'' line 11, the number ``2'' is corrected to read ``1''.
290. On page 41094, in the third column below the table, in
Sec. 1915.1001, in Appendix B, in the paragraph under the heading
entitled ``1.2 Principle,'' line 6 is corrected by removing the word
``a''.
291. On page 41095, in the second column, in Sec. 1915.1001, in
Appendix B, under the heading entitled ``4. Interferences,'' in the
second paragraph, the list of common fibers is corrected to read:
* * * * *
4. Interferences
* * * * *
fiberglass
anhydrite
plant fibers
perlite veins
gypsum
some synthetic fibers
membrane structures
sponge spicules
diatoms
microorganisms
wollastonite
* * * * *
292. On page 41095, in the second column, in Sec. 1915.1001, in
Appendix B, under the heading entitled ``5.1.1 Sample assembly,'' in
the first paragraph, line 8, the number ``0.8-'' is corrected to read
``0.4''.
293. On page 41095, in the second column, in Sec. 1915.1001, in
Appendix B, under the heading entitled ``5.1.1 Sample assembly,'' a new
note (e) is added to read:
* * * * *
5.1.1 * * *
Notes: * * *
(e) Other cassettes, such as the Bell-mouth, may be used within
the limits of their validation.
* * * * *
294. On page 41095, in the second column, in Sec. 1915.1001, in
Appendix B, under the heading entitled ``5.1.3 Sampling pump,'' lines 5
and 6, the words ``2.5 liters per minute (L/min)'' are corrected to
read ``the collection rate''.
295. On page 41095, in the second column, in Sec. 1915.1001, in
Appendix B, in the paragraph entitled ``5.2.1,'' line 2 is corrected by
removing the words ``(see Figure 3)''.
296. On page 41095, in the third column, in Sec. 1915.1001, in
Appendix B, under the heading entitled ``5.2.5,'' lines 8 through 10 of
the ``Note'' are corrected to read, ``pressure changes, correct the
flow rate using the formula shown in the section ``Sampling Pump Flow
Rate Corrections'' at the end of this appendix.''
297. On page 41096, in the first column, in Sec. 1915.1001, in
Appendix B, the paragraph entitled ``5.2.11'' is corrected to read:
* * * * *
5. * * *
5.2 * * *
5.2.11 Attach and secure a sample seal around each sample
cassette in such a way as to assure that the end cap and base plugs
cannot be removed without destroying the seal. Tape the ends of the
seal together since the seal is not long enough to be wrapped end-
to-end. Also wrap tape around the cassette at each joint to keep the
seal secure.
* * * * *
298. On page 41096, in the first column, in Sec. 1915.1001, in
Appendix B, in the paragraph entitled ``5.3.2,'' line 8, the words
``without rattling'' are corrected to read ``in such a manner that they
will not rattle''.
[[Page 33995]]
299. On page 41097, in the first column, in Sec. 1915.1001, in
Appendix B, under the heading entitled ``6.6.2 Counting Fibers,''
paragraph (9), line 5, the number ``2'' is corrected to read ``1''.
300. On page 41097, in the third column, in Sec. 1915.1001, in
Appendix B, under the heading entitled ``7.3. Recount Calculations,''
the formula in the third paragraph is corrected to read:
* * * * *
7.3. Recount Calculations
* * * * *
[GRAPHIC][TIFF OMITTED]TR29JN95.001
* * * * *
301. On page 41098, in the second column, in Sec. 1915.1001, in
Appendix B, under the heading entitled ``Quality Control,'' in the
first paragraph, lines 6 and 7 are corrected by removing the words
``for the CV curve shown below''.
302. On page 41098, in the third column, in Sec. 1915.1001, in
Appendix B, under the heading entitled ``Walton-Beckett Graticule,''
paragraph (7), line 12 is corrected to read ``Field Area = (D/
2) \2\''.
Appendix E to Sec. 1915.1001 [Corrected]
303. On page 41119, in the first column, in Sec. 1915.1001, in
Appendix E, paragraph (a) is corrected to read:
* * * * *
(a) Chest roentgenograms shall be interpreted and classified in
accordance with a professionally accepted classification system and
recorded on an interpretation form following the format of the CDC/
NIOSH (M) 2.8 form. As a minimum, the content within the bold lines
of this form (items 1 through 4) shall be included. This form is not
to be submitted to NIOSH.
* * * * *
Appendix F to Sec. 1915.1001 [Corrected]
304. On page 41121, in the first column, in Sec. 1915.1001, in
Appendix F, under the heading entitled ``Cleaning the Work Area,'' in
the second paragraph, line 4, the word ``encapsulate'' is corrected to
read ``encapsulant''.
Appendix H to Sec. 1915.1001 [Corrected]
305. On page 41121, in Sec. 1915.1001, in Appendix H, under the
heading entitled ``III. Respirators and Protective Clothing,''
paragraph A, line 6 of the third column is corrected by adding the word
``a'' after the word ``conduct''.
306. On page 41121, in the third column, in Sec. 1915.1001, in
Appendix H, under the heading entitled ``IV. Disposal Procedures and
Clean-up,'' paragraph E, line 1, the word ``if'' is corrected to read
``is''.
307. On page 41121, in the third column, in Sec. 1915.1001, in
Appendix H, under the heading entitled ``V. Access to Information,''
paragraph B, line 5, the word ``trowled-on'' is corrected to read
``troweled-on''.
Appendix K to Sec. 1915.1001 [Corrected]
308. On page 41123, in the first column, in Sec. 1915.1001, in
Appendix K, line 3 of the title is corrected by removing a closed
parenthesis after the word ``Non-Mandatory''.
309. On page 41125, in the first column, in Sec. 1915.1001, in
Appendix K, under the heading entitled ``1.8 Toxicology,'' line 9 is
corrected by adding the words ``and 29 CFR 1915.1001'' after the number
``1926.1101''.
310. On page 41125, in the second column, in Sec. 1915.1001, in
Appendix K, under the heading entitled ``2.4 Shipment,'' paragraph (a),
line 2 is corrected by removing the words ``(such as the OSHA 21)''.
311. On page 41129, in the first column, in Sec. 1915.1001, in
Appendix K, the heading entitled ``Auxiliary Information'' is correctly
designated as ``4. Auxiliary Information''.
312. On page 41129, in the second column, in Sec. 1915.1001, in
Appendix K, the paragraph under the heading entitled ``4.3 Polarized
Light Technique,'' beginning on line 10, is corrected by removing the
sentence, ``A compensator is a piece of mineral with known properties
that ``compensates'' for some deficiency in the optical train.''.
Appendix L to Sec. 1915.1001 [Corrected]
313. On page 41131, in the first column, in Sec. 1915.1001,
Appendix L, in the introductory paragraph, line 7 is corrected by
adding the words ``by trained employees'' after the word ``practices''.
314. On page 41131, in the second column, in Sec. 1915.1001, in
Appendix L, under the heading entitled ``[A] Negative Pressure
Enclosure/HEPA Vacuum System Method,'' paragraph (6), line 5, the words
``paragraph (j)(2)(ii)'' are corrected to read ``paragraph (k)(8)''.
315. On page 41131, in the second column, in Sec. 1915.1001, in
Appendix L, under the heading entitled ``[A] Negative Pressure
Enclosure/HEPA Vacuum System Method,'' paragraph (6), line 6, the words
``paragraph (k)'' are corrected to read ``paragraph (l)''.
316. On page 41131, in the second column, in Sec. 1915.1001, in
Appendix L, under the heading entitled ``[A] Negative Pressure
Enclosure/HEPA Vacuum System Method,'' paragraph (7), line 5, the words
``paragraph (k)'' are corrected to read ``paragraph (l)''.
317. On page 41131, in the second column, in Sec. 1915.1001, in
Appendix L, under the heading entitled ``[B] Low Pressure/Wet Cleaning
Method,'' paragraph (6), line 5, the words ``paragraph (j)(2)(ii)'' are
corrected to read ``paragraph (k)(8)''.
318. On page 41131, in the second column, in Sec. 1915.1001, in
Appendix L, under the heading entitled ``[B] Low Pressure/Wet Cleaning
Method,'' paragraph (6), line 7, the words ``paragraph (k)'' are
corrected to read ``paragraph (l)''.
319. On page 41131, in the second column, in Sec. 1915.1001, in
Appendix L, under the heading entitled ``[B] Low Pressure/Wet Cleaning
Method,'' paragraph (7), line 5, the words ``paragraph (k)'' are
corrected to read ``paragraph (l)''.
320. On page 41131, in the third column, in Sec. 1915.1001, in
Appendix L, under the heading entitled ``[C] Equivalent Methods,'' line
12, the number ``0.004'' is corrected to read ``0.016''.
321. On page 41131, in the third column, in Sec. 1915.1001, in
Appendix L, under the heading ``[D] Wet Methods,'' paragraph (2), line
3, the words ``paragraph (j)(2)(ii)'' are corrected to read ``paragraph
(k)(8)''.
322. On page 41131, in the third column, in Sec. 1915.1001, in
Appendix L, under the heading ``[D] Wet Method,'' paragraph (2), line
4, the words ``paragraph (k)'' are corrected to read ``paragraph (l)''.
323. On page 41131, in the third column, in Sec. 1915.1001, in
Appendix L, under the heading ``[D] Wet Method,'' paragraph (3), line
3, the words ``paragraph (k)'' are corrected to read ``paragraph (l)''.
Sec. 1926.1101 [Corrected]
324. On page 41132, in Sec. 1926.1101, paragraph (b), the
definition of ``Certified Industrial Hygienist (CIH),'' the first line
of the second column is corrected by removing the word
``comprehensive''.
325. On page 41132, in the second column, in Sec. 1926.1101,
paragraph (b), the definition of ``Class III asbestos work'' is
corrected to read:
* * * * *
(b) * * *
Class III asbestos work means repair and maintenance operations,
where ``ACM,'' including TSI and surfacing ACM and PACM, may be
disturbed.
* * * * *
[[Page 33996]]
326. On page 41132, in the second column, in Sec. 1926.1101,
paragraph (b), the definition of ``Class IV asbestos work'' is
corrected to read:
* * * * *
(b) * * *
Class IV asbestos work means maintenance and custodial activities
during which employees contact but do not disturb ACM or PACM and
activities to clean up dust, waste and debris resulting from Class I,
II, and III activities.
* * * * *
327. On page 41132, in the second column, in Sec. 1926.1101,
paragraph (b), the definition of ``Competent Person,'' lines 12 through
19 are corrected to read ``course which meets the criteria of EPA's
Model Accreditation Plan (40 CFR part 763) for supervisor, or its
equivalent and, for Class III and Class IV work, who is trained in a
manner consistent with EPA requirements for training of local education
agency maintenance and custodial staff as set forth at 40 CFR 763.92
(a)(2).''.
328. On page 41132, in the third column, in Sec. 1926.1101,
paragraph (b), the definition of ``Disturbance,'' the first sentence is
corrected to read:
* * * * *
(b) * * *
Disturbance means activities that disrupt the matrix of ACM or
PACM, crumble or pulverize ACM or PACM, or generate visible debris from
ACM or PACM.* * *
* * * * *
329. On page 41132, in the third column, in Sec. 1926.1101,
paragraph (b), the definition of ``Glovebag,'' line 1, the word ``an''
is corrected to read ``not more than a 60 x 60 inch''.
330. On page 41132, in the third column, in Sec. 1926.1101,
paragraph (b), the definition of ``Intact,'' line 3, the word ``it'' is
corrected to read ``the asbestos''.
331. On page 41133, in Sec. 1926.1101, paragraph (b), in the
definition of ``Modification,'' line 8 from the top of the first column
is corrected by removing the number ``(ii)''.
332. On page 41133, in the first column, in Sec. 1926.1101,
paragraph (b), the definition of ``Presumed Asbestos Containing
Material,'' line 7, the number ``(4)'' is corrected to read ``(5)''.
333. On page 41133, in the first column, in Sec. 1926.1101,
paragraph (b), the definition of ``Regulated area,'' line 12 is
corrected by removing the number ``(6)''.
334. On page 41133, in the second column, in Sec. 1926.1101,
paragraph (c)(1), line 8 the word ``of'' is corrected to read ``to''.
335. On page 41133, in the second column, in Sec. 1926.1101,
paragraph (c)(2), line 8, the word ``of'' is corrected to read ``to''.
336. On page 41133, in the second column, in Sec. 1926.1101,
paragraph (d)(3), line 13 is corrected by removing the number ``(1)''.
337. On page 41133, in the third column, in Sec. 1926.1101,
paragraph (e)(2), line 6 is corrected by removing the words
``concentrations of''.
338. On page 41133, in the third column, in Sec. 1926.1101,
paragraph (e)(2), line 12, the number ``(6)'' is corrected to read
``(7)''.
339. On page 41133, in the third column, in Sec. 1926.1101,
paragraph (e)(4), line 3, the number ``(2)'' is corrected to read
``(1)''.
340. On page 41133, in the third column, in Sec. 1926.1101,
paragraph (f)(1)(i), line 2, the word ``of'' is corrected to read
``or''.
340a. On page 41133, in the first column, in Sec. 1926.1101,
paragraph (f)(2)(i), the undesignated paragraph beginning on line 10 is
correctly moved to line 9 as the second sentence of paragraph
(f)(2)(i).
341-344. On page 41134, in the first column, in Sec. 1926.1101,
paragraph (f)(2)(ii) is corrected to read:
* * * * *
(f) * * *
(2) * * *
(ii) Basis of Initial Exposure Assessment: Unless a negative
exposure assessment has been made pursuant to paragraph (f)(2)(iii) of
this section, the initial exposure assessment shall, if feasible, be
based on monitoring conducted pursuant to paragraph (f)(1)(iii) of this
section. The assessment shall take into consideration both the
monitoring results and all observations, information or calculations
which indicate employee exposure to asbestos, including any previous
monitoring conducted in the workplace, or of the operations of the
employer which indicate the levels of airborne asbestos likely to be
encountered on the job. For Class I asbestos work, until the employer
conducts exposure monitoring and documents that employees on that job
will not be exposed in excess of the PELs, or otherwise makes a
negative exposure assessment pursuant to paragraph (f)(2)(iii) of this
section, the employer shall presume that employees are exposed in
excess of the TWA and excursion limit.
(iii) * * *
* * * * *
345. On page 41134, in the third column, in Sec. 1926.1101,
paragraph (f)(3)(iii), line 4 is corrected to read, ``operated in the
pressure demand mode, or other positive pressure mode respirator,''.
346. On page 41134, in the third column, in Sec. 1926.1101,
paragraph (f)(4), line 1 is corrected to read, ``(4) Termination of
monitoring. (i) If''.
347. On page 41134, in the third column, in Sec. 1926.1101,
paragraph (f)(4)(i), line 5, the word ``measurement'' is corrected to
read ``measurements''.
348. On page 41134, in the third column, in Sec. 1926.1101,
paragraph (f)(5) is redesignated as paragraph (f)(6) and a new
paragraph (f)(5) is added to read:
* * * * *
(f) * * *
(5) Employee notification of monitoring results.
(i) The employer shall notify affected employees of the monitoring
results that represent that employee's exposure as soon as possible
following receipt of monitoring results.
(ii) The employer shall notify affected employees of the results of
monitoring representing the employee's exposure in writing either
individually or by posting at a centrally located place that is
accessible to affected employees.
* * * * *
349. On page 41135, in the first column, in Sec. 1926.1101,
paragraph (g)(1)(i) is corrected to read:
* * * * *
(g) * * *
(1) * * *
(i) Vacuum cleaners equipped with HEPA filters to collect all
debris and dust containing ACM and PACM, except as provided in
paragraph (g)(8)(ii) of this section in the case of roofing material.
* * * * *
350. On page 41135, in the first column, in Sec. 1926.1101,
paragraph (g)(1)(ii), lines 9 and 10, the words ``slipping hazards;''
are corrected to read ``except as provided in paragraph (g)(8)(ii) of
this section;''.
351. On page 41135, in the first column, in Sec. 1926.1101,
paragraph (g)(1)(iii), line 3 is corrected by adding the words ``except
in roofing operations, where the procedures specified in paragraph
(g)(8)(ii) of this section apply'' after the word ``containers''.
352. On page 41135, in the second column, in Sec. 1926.1101,
paragraph (g)(4)(ii)(A) is corrected to read:
* * * * *
(g) * * *
(4) * * *
(ii) * * *
(A) Critical barriers shall be placed over all the openings to the
regulated area, except where activities are performed outdoors; or
* * * * *
[[Page 33997]]
353. On page 41135, in the second column, in Sec. 1926.1101,
paragraph (g)(4)(ii)(B), line 13 is corrected by adding the words
``Phase Contrast Microscopy'' before the word ``(PCM)''.
354. On page 41135, in the second column, in Sec. 1926.1101,
paragraph (g)(4)(ii)(B) is corrected by adding the following sentence
to the end of the paragraph, ``Exception: For work completed outdoors
where employees are not working in areas adjacent to the regulated
areas, this paragraph (g)(4)(ii) is satisfied when the specific control
methods in paragraph (g)(5) of this section are used.''
355. On page 41135, in the third column, in Sec. 1926.1101,
paragraph (g)(5)(i) introductory text, line 2, the word ``shall'' is
corrected to read ``may''.
356. On page 41135, in the third column, in Sec. 1926.1101,
paragraph (g)(5)(ii) introductory text is corrected to read:
* * * * *
(g) * * *
(5) * * *
(ii) Glove bag systems may be used to remove PACM and/or ACM from
straight runs of piping and elbows and other connections with the
following specifications and work practices:
* * * * *
357. On page 41135, in the third column, in Sec. 1926.1101,
paragraph (g)(5)(ii)(A)(2) is corrected to read:
* * * * *
(g) * * *
(5) * * *
(ii) * * *
(A) * * *
(2) Glovebags used on elbows and other connections must be designed
for that purpose and used without modifications.
* * * * *
358. On page 41135, in the third column, in Sec. 1926.1101,
paragraph (g)(5)(ii)(B)(4), line 3, the number ``150 deg.'' is
corrected to read ``150 deg.F''.
359. On page 41136, in the first column, in Sec. 1926.1101,
paragraph (g)(5)(ii)(B)(9), line 2, the word ``removals'' is corrected
to read ``removal operations''.
360. On page 41136, in the first column, in Sec. 1926.1101,
paragraph (g)(5)(iii) introductory text, line 3, the word ``shall'' is
corrected to read ``may''.
361. On page 41136, in the first column, in Sec. 1926.1101,
paragraph (g)(5)(iii)(B)(1), line 2 is corrected by adding the word
``for'' after the word ``practices''.
362. On page 41136, in the first column, in Sec. 1926.1101,
paragraph (g)(5)(iii)(B)(1), line 4, the number ``(2)'' is corrected to
read ``(4)''.
363. On page 41136, in the first column, in Sec. 1926.1101,
paragraph (g)(5)(iii)(B)(2), line 4 is corrected by adding the words
``until it is completed at which time the bag shall be collapsed prior
to removal of the bag from the pipe'' after the word ``operation''.
364. On page 41136, in the first column, in Sec. 1926.1101,
paragraph (g)(5)(iv) introductory text, line 3, the word ``shall'' is
corrected to read ``may''.
365. On page 41136, in the first column, in Sec. 1926.1101,
paragraph (g)(5)(iv)(A)(2), line 2 is corrected by adding the word
``the'' after the word ``in''.
366. On page 41136, in the second column, in Sec. 1926.1101,
paragraph (g)(5)(iv)(B)(2) is corrected to read:
* * * * *
(g) * * *
(5) * * *
(iv) * * *
(B) * * *
(2) The box shall be smoke-tested for leaks and any leaks sealed
prior to each use.
* * * * *
367. On page 41136, in the second column, in Sec. 1926.1101,
paragraph (g)(5)(vi)(B)(1) is corrected to read:
* * * * *
(g) * * *
(5) * * *
(vi) * * *
(B) * * *
(1) Before use, the mini-enclosure shall be inspected for leaks and
smoke-tested to detect breaches, and any breaches sealed.
* * * * *
368. On page 41136, in the second column, in Sec. 1926.1101,
paragraph (g)(5)(vi)(B)(3), line 1 is corrected by adding a comma after
the word ``use''.
369-370. On page 41136, in Sec. 1926.1101, paragraph
(g)(5)(vi)(B)(3), line 2 of the third column, the word
``minienclosure'' is corrected to read ``mini-enclosure''.
371. On page 41136, in the third column, in Sec. 1926.1101,
paragraph (g)(6)(ii), line 19, the words ``paragraph (g)(4)(i)(B)(2)''
are corrected to read ``paragraph (g)(4)(ii)(B)''.
372. On page 41136, in the third column, in Sec. 1926.1101,
paragraph (g)(6)(iii), line 6 is corrected by adding the words ``of
this section'' after the words ``paragraph (g)(6)''.
373. On page 41136, in the third column, in Sec. 1926.1101,
paragraph (g)(6)(iii) is corrected by adding a sentence to the end of
the paragraph to read, ``The submission shall not constitute approval
by OSHA.''.
374. On page 41137, in the first column, in Sec. 1926.1101,
paragraph (g)(7)(i), line 1 is corrected by removing the comma after
the word ``work''.
375. On page 41137, in the first column, in Sec. 1926.1101,
paragraph (g)(7)(ii) introductory text, line 4, the number ``(4)'' is
corrected to read ``(2)''.
376. On page 41137, in the first column, in Sec. 1926.1101,
paragraph (g)(7)(ii) introductory text, line 5 is corrected by adding a
comma after the word ``job''.
377. On page 41137, in the first column, in Sec. 1926.1101,
paragraph (g)(7)(ii)(B), line 8, the words ``paragraph
(g)(4)(i)(B)(2)'' are corrected to read ``paragraph (g)(4)(ii)(B)''.
378. On page 41137, in the first column, in Sec. 1926.1101,
paragraph (g)(7)(iv), line 4, the words ``(g)(3)(i) through (v)'' are
corrected to read ``(g)(1)(i) through (g)(1)(iii)''.
379. On page 41137, in the first column, in Sec. 1926.1101,
paragraph (g)(8)(i) introductory text, line 11, the word ``(k)(8)'' is
corrected to read ``(k)(9) of this section''.
380. On page 41137, in the second column, in Sec. 1926.1101,
paragraph (g)(8)(i)(F), line 4, the number ``(iv)'' is corrected to
read ``(i)''.
381. On page 41137, in the second column, in Sec. 1926.1101,
paragraph (g)(8)(ii)(B) is corrected to read:
* * * * *
(g) * * *
(8) * * *
(ii) * * *
(B) Wet methods shall be used to remove roofing materials that are
not intact, or that will be rendered not intact during removal, unless
such wet methods are not feasible or will create safety hazards.
* * * * *
382. On page 41137, in the second column, in Sec. 1926.1101,
paragraph (g)(8)(ii)(D) is corrected to read:
* * * * *
(g) * * *
(8) * * *
(ii) * * *
(D) When removing built-up roofs with asbestos-containing roofing
felts and an aggregate surface using a power roof cutter, all dust
resulting from the cutting operation shall be collected by a HEPA dust
collector, or shall be HEPA vacuumed by vacuuming along the cut line.
When removing built-up roofs with asbestos-containing roofing felts and
a smooth surface using a power roof cutter, the dust resulting from the
cutting operation shall be collected either by a HEPA dust collector or
HEPA vacuuming along the cut line, or by gently sweeping and then
carefully and completely wiping up the still-wet dust and debris left
along the cut line.
[[Page 33998]]
The dust and debris shall be immediately bagged or placed in covered
containers.
* * * * *
383. On page 41137, in the second column, in Sec. 1926.1101,
paragraph (g)(8)(ii)(E) is corrected to read:
* * * * *
(g) * * *
(8) * * *
(ii) * * *
(E) Asbestos-containing material that has been removed from a roof
shall not be dropped or thrown to the ground. Unless the material is
carried or passed to the ground by hand, it shall be lowered to the
ground via covered, dust-tight chute, crane or hoist:
(1) Any ACM that is not intact shall be lowered to the ground as
soon as is practicable, but in any event no later than the end of the
work shift. While the material remains on the roof it shall either be
kept wet, placed in an impermeable waste bag, or wrapped in plastic
sheeting.
(2) Intact ACM shall be lowered to the ground as soon as is
practicable, but in any event no later than the end of the work shift.
* * * * *
384. On page 41137, in the second column, in Sec. 1926.1101, a new
paragraph (g)(8)(ii)(H) is added to read:
* * * * *
(g) * * *
(8) * * *
(ii) * * *
(H) Notwithstanding any other provision of this section, removal or
repair of sections of intact roofing less than 25 square feet in area
does not require use of wet methods or HEPA vacuuming as long as manual
methods which do not render the material non-intact are used to remove
the material and no visible dust is created by the removal method used.
In determining whether a job involves less than 25 square feet, the
employer shall include all removal and repair work performed on the
same roof on the same day.
* * * * *
385. On page 41137, in the second column, in Sec. 1926.1101,
paragraph (g)(8)(iii) introductory text is corrected to read:
* * * * *
(g) * * *
(8) * * *
(iii) When removing cementitious asbestos-containing siding and
shingles or transite panels containing ACM on building exteriors (other
than roofs, where paragraph (g)(8)(ii) of this section applies) the
employer shall ensure that the following work practices are followed:
* * * * *
386. On page 41137, in the third column, in Sec. 1926.1101,
paragraph (g)(8)(v)(A), line 2 is corrected by adding the word ``to''
after the word ``prior''.
387. On page 41138, in the first column, in Sec. 1926.1101,
paragraph (g)(9)(iii), line 9 is corrected by adding the words ``or
another isolation method'' after the word ``section''.
388. On page 41138, in the first column, in Sec. 1926.1101,
paragraph (g)(10) introductory text, line 5, the number ``(8)'' is
corrected to read ``(9)''.
389. On page 41138, in the second column, in Sec. 1926.1101, a new
paragraph (g)(11) is added to read:
* * * * *
(g) * * *
(11) Alternative methods of compliance for installation, removal,
repair, and maintenance of certain roofing materials. Notwithstanding
any other provision of this section, an employer who complies with all
provisions of this paragraph (g)(11) when installing, removing,
repairing, or maintaining intact roof cements, mastics, coatings, or
flashings which contain asbestos fibers encapsulated or coated by
bituminous or resinous compounds shall be deemed to be in compliance
with this section. If an employer does not comply with all provisions
of this paragraph (g)(11), or if during the course of the job the
material does not remain intact, the provisions of paragraph (g)(8) of
this section apply instead of this paragraph (g)(11).
(i) Before work begins and as needed during the job, a competent
person who is capable of identifying asbestos hazards in the workplace
and selecting the appropriate control strategy for asbestos exposure,
and who has the authority to take prompt corrective measures to
eliminate such hazards, shall conduct an inspection of the worksite and
determine that the roofing material is intact and will likely remain
intact.
(ii) All employees performing work covered by this paragraph
(g)(11) shall be trained in a training program that meets the
requirements of paragraph (k)(9)(viii) of this section.
(iii) The material shall not be sanded, abraded, or ground. Manual
methods which do not render the material non-intact shall be used.
(iv) Material that has been removed from a roof shall not be
dropped or thrown to the ground. Unless the material is carried or
passed to the ground by hand, it shall be lowered to the ground via
covered, dust-tight chute, crane or hoist. All such material shall be
removed from the roof as soon as is practicable, but in any event no
later than the end of the work shift.
(v) Where roofing products which have been labeled as containing
asbestos pursuant to paragraph (k)(8) of this section are installed on
non-residential roofs during operations covered by this paragraph
(g)(11), the employer shall notify the building owner of the presence
and location of such materials no later than the end of the job.
* * * * *
390. On page 41138, in the second column, in Sec. 1926.1101,
paragraph (h)(1)(iii) is corrected to read:
* * * * *
(h) * * *
(1) * * *
(iii) During all Class II and III work which is not performed using
wet methods, provided, however, that respirators need not be worn
during removal of ACM from sloped roofs when a negative exposure
assessment has been made and the ACM is removed in an intact state.
* * * * *
391. On page 41138, in the second column, in Sec. 1926.1101,
paragraph (h)(2)(i), line 5 is corrected by adding the word ``or''
after the word ``Table 1''.
392. On page 41138, in the third column, in Sec. 1926.1101,
paragraph (h)(2)(iii), Table 1, lines 5 and 6 under the heading
``Airborne concentration of asbestos or conditions of use'' are
corrected to read, ``of exposure pursuant to paragraph (h)(2)(iv) of
this section.''.
393. On page 41139, in the first column, in Sec. 1926.1101,
paragraph (h)(3)(iv), line 10, the word ``employee'' is corrected to
read ``employees''.
394. On page 41139, in the first column, in Sec. 1926.1101,
paragraph (h)(3)(iv), line 12 is corrected by adding a comma after the
word ``position''.
395. On page 41139, in the first column, in Sec. 1926.1101,
paragraph (h)(4)(ii), line 15 is corrected by adding the words ``to
this section'' after the words ``Appendix C''.
396. On page 41139, in the first column, in Sec. 1926.1101,
paragraph (h)(4)(ii), line 19, the number ``(iii)'' is corrected to
read ``(i)''.
397. On page 41139, in Sec. 1926.1101, paragraph (i)(1), line 1 of
the second column, the word ``and'' is corrected to read ``or''.
398. On page 41139, in the second column, in Sec. 1926.1101,
paragraph (j)(1) introductory text, line 4, the word ``Tsi'' is
corrected to read ``TSI''.
399. On page 41139, in the second column, in Sec. 1926.1101,
paragraph
[[Page 33999]]
(j)(1)(i)(B) introductory text, the undesignated paragraph beginning on
line 10 is correctly moved to line 9 as the third sentence of paragraph
(j)(1)(i)(B) introductory text.
400. On page 41139, in the third column, paragraph (j)(1)(i)(C),
line 14, the word ``Such'' is corrected to read ``Following showering,
such''.
401. On page 41140, in the first column, in Sec. 1926.1101,
paragraph (j)(2)(iii), line 1, the word ``Workclothing'' is corrected
to read ``Work clothing''.
402. On page 41140, in the first column, in Sec. 1926.1101,
paragraph (k), line 1, the word ``Note:'' is removed and the text
beginning on line 2 is correctly designated as paragraph (k)(1).
403. On page 41140, in Sec. 1926.1101, newly designated paragraph
(k)(1), lines 4 and 5 of the second column, the words ``are required to
treat'' are corrected to read ``shall identify''.
404. On page 41140, in Sec. 1926.1101, newly designated paragraph
(k)(1), line 9 of the second column, the number ``(4)'' is corrected to
read ``(5)''.
405. On page 41140, in Sec. 1926.1101, newly designated paragraph
(k)(1), line 15 of the second column, the words ``paragraph (g)'' are
corrected to read ``paragraph (g)(8)(i)(I)''.
406. On page 41140, 30 lines from the top of the second column, in
Sec. 1926.1101, paragraph (k)(1) is redesignated as paragraph (k)(2).
407. On page 41140, in the second column, in Sec. 1926.1101, newly
redesignated paragraph (k)(2)(i) is corrected to read:
* * * * *
(k) * * *
(2) * * *
(i) Before work subject to this standard is begun, building and
facility owners shall determine the presence, location, and quantity of
ACM and/or PACM at the work site pursuant to paragraph (k)(1) of this
section.
* * * * *
408. On page 41140, 2 lines from the bottom of the second column,
in Sec. 1926.1101, paragraph (k)(2) is redesignated as paragraph
(k)(3).
409. On page 41140, in the third column, in Sec. 1926.1101, newly
redesignated paragraph (k)(3)(i), line 5 is corrected by adding the
words ``pursuant to paragraph (k)(1) of this section'' after the word
``therein''.
410. On page 41140, 35 lines from the top of the third column, in
Sec. 1926.1101, paragraph (k)(3) is redesignated as paragraph (k)(4).
411. On page 41140, 25 lines from the bottom of the third column,
in Sec. 1926.1101, paragraph (k)(4) is redesignated as paragraph
(k)(5).
412. On page 41140, in the third column, newly redesignated
paragraph (k)(5)(i), line 10, the number ``(4)'' is corrected to read
``(5)''.
413. On page 41140, in the third column, in Sec. 1926.1101, newly
redesignated paragraph (k)(5)(ii) introductory text, line 3 is
corrected by adding the words ``more than 1%'' after the word
``contain''.
414. On page 41140, in the third column, in Sec. 1926.1101, newly
redesignated paragraph (k)(5)(ii)(A), line 1, the word ``an'' is
corrected to read ``a''.
415. On page 41140, in the third column, in Sec. 1926.1101, newly
redesignated paragraph (k)(5)(ii)(A), line 5 is corrected by adding the
word ``or'' after the word ``ACM;''.
416. On page 41141, in the first column, in Sec. 1926.1101, newly
redesignated paragraph (k)(5)(ii)(B), line 3, the word ``asbestos'' is
corrected to read ``ACM''.
417. On page 41141, in the first column, in Sec. 1926.1101, newly
redesignated paragraph (k)(5)(ii)(B), lines 5 through 7 are corrected
to read, ``analysis of bulk samples collected in the manner described
in 40 CFR 763.86. The''.
418. On page 41141, in the first column, in Sec. 1926.1101, newly
redesignated paragraph (k)(5)(ii)(B), line 17, the word ``of'' is
corrected to read ``or''.
419. On page 41141, in the first column, in Sec. 1926.1101, newly
redesignated paragraph (k)(5)(ii)(B), line 19, the word ``of'' is
corrected to read ``or''.
420. On page 41141, in the first column, in Sec. 1926.1101, a new
paragraph (k)(5)(iii) is added to read:
* * * * *
(k) * * *
(5) * * *
(iii) The employer and/or building owner may demonstrate that
flooring material including associated mastic and backing does not
contain asbestos, by a determination of an industrial hygienist based
upon recognized analytical techniques showing that the material is not
ACM.
* * * * *
421. On page 41141, 24 lines from the top of the first column, in
Sec. 1926.1101, paragraph (k)(5) is redesignated as paragraph (k)(6).
422. On page 41141, in the first column, in Sec. 1926.1101, newly
redesignated paragraph (k)(6), lines 4 and 5, the words ``thermal
system insulation and surfacing ACM/PACM'' are corrected to read ``ACM
and/or PACM''.
423. On page 41141, 35 lines from the top of the first column, in
Sec. 1926.1101, paragraph (k)(6) is redesignated as paragraph (k)(7).
424. On page 41141, in the first column, in Sec. 1926.1101, newly
redesignated paragraph (k)(7)(ii) is corrected to read:
* * * * *
(k) * * *
(7) * * *
(ii) (A) The warning signs required by paragraph (k)(7) of this
section shall bear the following information:
DANGER
ASBESTOS
CANCER AND LUNG DISEASE HAZARD
AUTHORIZED PERSONNEL ONLY
(B) In addition, where the use of respirators and protective
clothing is required in the regulated area under this section, the
warning signs shall include the following:
RESPIRATORS AND PROTECTIVE CLOTHING ARE REQUIRED IN THIS AREA
* * * * *
425. On page 41141, in the first column, in Sec. 1926.1101, a new
paragraph (k)(7)(iii) is added to read:
* * * * *
(k) * * *
(7) * * *
(iii) The employer shall ensure that employees working in and
contiguous to regulated areas comprehend the warning signs required to
be posted by paragraph (k)(7)(i) of this section. Means to ensure
employee comprehension may include the use of foreign languages,
pictographs and graphics.
* * * * *
426. On page 41141, 12 lines from the bottom of the first column,
in Sec. 1926.1101, paragraph (k)(7) is redesignated as paragraph
(k)(8).
427. On page 41141, in the second column, in Sec. 1926.1101, newly
redesignated paragraph (k)(8)(vi) introductory text, line 2, the words
``paragraphs (k)(2)(i) through (k)(2)(iii)'' are corrected to read
``paragraphs (k)(8)(i) through (k)(8)(iii) of this section''.
428. On page 41141, in the second column, in Sec. 1926.1101, newly
redesignated paragraph (k)(8)(vi)(B), lines 2 and 3 are corrected by
removing the words ``by weight''.
429. On page 41141, in the second column, in Sec. 1926.1101, newly
redesignated paragraph (k)(8)(vii), line 12, the number ``(5)'' is
corrected to read ``(6)''.
[[Page 34000]]
430. On page 41141, 26 lines from the bottom of the second column,
in Sec. 1926.1101, paragraph (k)(8) is redesignated as paragraph (k)(9)
and is corrected to read:
* * * * *
(k) * * *
(9) Employee Information and Training. (i) The employer shall, at
no cost to the employee, institute a training program for all employees
who are likely to be exposed in excess of a PEL and for all employees
who perform Class I through IV asbestos operations, and shall ensure
their participation in the program.
(ii) Training shall be provided prior to or at the time of initial
assignment and at least annually thereafter.
(iii) Training for Class I operations shall be the equivalent in
curriculum, training method and length to the EPA Model Accreditation
Plan (MAP) asbestos abatement workers training (40 CFR part 763,
subpart E, appendix C).
(iv) Training for Class II work. For work with asbestos containing
material involving roofing materials, flooring materials, siding
materials, ceiling tiles, or transite panels, training shall include at
a minimum all the elements included in paragraph (k)(9)(viii) of this
section and in addition, the specific work practices and engineering
controls set forth in paragraph (g) of this section which specifically
relate to that category. Such course shall include ``hands-on''
training and shall take at least 8 hours. Exception: For other Class II
operations, training shall be provided which shall include at a minimum
all the elements included in paragraph (k)(9)(viii) of this section and
in addition, the specific work practices and engineering controls set
forth in paragraph (g) of this section which specifically relate to
that category, and shall include ``hands-on'' training.
(v) Training for Class III employees shall be consistent with EPA
requirements for training of local education agency maintenance and
custodial staff as set forth at 40 CFR 763.92(a)(2). Such a course
shall also include ``hands-on'' training and shall take at least 16
hours. Exception: For Class III operations for which the competent
person determines that the EPA curriculum does not adequately cover the
training needed to perform that activity, training shall include as a
minimum all the elements included in paragraph (k)(9)(viii) of this
section and in addition, the specific work practices and engineering
controls set forth in paragraph (g) of this section which specifically
relate to that activity, and shall include ``hands-on'' training.
(vi) Training for employees performing Class IV operations shall be
consistent with EPA requirements for training of local education agency
maintenance and custodial staff as set forth at 40 CFR 763.92(a)(1).
Such a course shall include available information concerning the
locations of thermal system insulation and surfacing ACM/PACM, and
asbestos-containing flooring material, or flooring material where the
absence of asbestos has not yet been certified; and instruction in
recognition of damage, deterioration, and delamination of asbestos
containing building materials. Such course shall take at least 2 hours.
(vii) Training for employees who are likely to be exposed in excess
of the PEL and who are not otherwise required to be trained under
paragraph (k)(9)(iii) through (vi) of this section, shall meet the
requirements of paragraph (k)(9)(viii) of this section.
(viii) The training program shall be conducted in a manner that the
employee is able to understand. In addition to the content required by
provisions in paragraphs (k)(9)(iii) through (vi) of this section, the
employer shall ensure that each such employee is informed of the
following:
(A) Methods of recognizing asbestos, including the requirement in
paragraph (k)(1) of this section to presume that certain building
materials contain asbestos;
(B) The health effects associated with asbestos exposure;
(C) The relationship between smoking and asbestos in producing lung
cancer;
(D) The nature of operations that could result in exposure to
asbestos, the importance of necessary protective controls to minimize
exposure including, as applicable, engineering controls, work
practices, respirators, housekeeping procedures, hygiene facilities,
protective clothing, decontamination procedures, emergency procedures,
and waste disposal procedures, and any necessary instruction in the use
of these controls and procedures; where Class III and IV work will be
or is performed, the contents of EPA 20T-2003, ``Managing Asbestos In-
Place'' July 1990 or its equivalent in content;
(E) The purpose, proper use, fitting instructions, and limitations
of respirators as required by 29 CFR 1910.134;
(F) The appropriate work practices for performing the asbestos job;
(G) Medical surveillance program requirements;
(H) The content of this standard including appendices;
(I) The names, addresses and phone numbers of public health
organizations which provide information, materials and/or conduct
programs concerning smoking cessation. The employer may distribute the
list of such organizations contained in Appendix J to this section, to
comply with this requirement; and
(J) The requirements for posting signs and affixing labels and the
meaning of the required legends for such signs and labels.
* * * * *
431. On page 41142, in the first column, in Sec. 1926.1101,
paragraph (k)(9) is redesignated as paragraph (k)(10).
432. On page 41142, in the first column, in Sec. 1926.1101,
paragraph (l)(2), line 7 is corrected by adding ``except in roofing
operations, where the procedures specified in paragraph (g)(8)(ii) of
this section apply'' after the word ``containers''.
433. On page 41142, in Sec. 1926.1101, paragraph (l)(3)(i), line 1
of the second column, the words ``paragraph (g)'' are corrected to read
``paragraph (g)(8)(i)(I)''.
434. On page 41142, in the second column, in Sec. 1926.1101, the
three paragraphs following the first paragraph (l)(3)(i) are
redesignated as paragraphs (l)(3)(ii), (l)(3)(iii), and (l)(3)(iv),
respectively.
435. On page 41142, in the second column, in newly redesignated
paragraph (l)(3)(iii), line 3, the word ``speed'' is corrected to read,
``speeds''.
436. On page 41142, in the second column, in Sec. 1926.1101,
paragraph (l)(4) introductory text is corrected to read:
* * * * *
(l) * * *
(4) Waste and debris and accompanying dust in an area containing
accessible thermal system insulation or surfacing ACM/PACM or visibly
deteriorated ACM:
* * * * *
437. On page 41142, in the second column, in Sec. 1926.1101,
paragraph (l)(4)(ii), line 1, the word ``clean'' is corrected to read
``cleaned''.
438. On page 41142, in the second column, in Sec. 1926.1101,
paragraph (l)(4)(ii), line 2 is corrected by adding the word ``of''
after the word ``disposed''.
439. On page 41142, in the second column, in Sec. 1926.1101,
paragraph (m)(1)(i) is corrected to read:
* * * * *
(m) * * *
(1) * * *
(i) Employees covered. (A) The employer shall institute a program
for all employees who, for a combined total of 30 or more days per
year, are engaged in Class I, II, or III work or are exposed
[[Page 34001]]
at or above the permissible exposure limit for a combined 30 days or
more per year. For purposes of this subparagraph, any day in which a
worker engages in Class II or Class III work or a combination thereof
for one hour or less and, while doing so, adheres fully to the work
practices specified in this standard, shall not be counted.
(B) For employees otherwise required by this standard to wear a
negative pressure respirator, employers shall ensure employees are
physically able to perform the work and use the equipment. This
determination shall be made under the supervision of a physician.
* * * * *
440. On page 41142, in the second column, in Sec. 1926.1101,
paragraph (m)(1)(ii) heading, line 1 is corrected by removing the words
``by a physician''.
441. On page 41142, in the second column, in Sec. 1926.1101,
paragraph (m)(2)(i)(B) is corrected to read:
* * * * *
(m) * * *
(2) * * *
(i) * * *
(B) When the employee is assigned to an area where exposure to
asbestos may be at or above the permissible exposure limit for 30 or
more days per year, or engage in Class I, II, or III work for a
combined total of 30 or more days per year, a medical examination must
be given within 10 working days following the thirtieth day of
exposure;
* * * * *
442. On page 41142, in the third column, in Sec. 1926.1101,
paragraph (m)(3)(i), line 2 is corrected by removing the letter ``G,''.
443. On page 41143, in the first column, in Sec. 1926.1101,
paragraph (n)(1)(i), line 3, the word ``demonstrate'' is corrected to
read ``demonstrates''.
444. On page 41143, in the first column, in Sec. 1926.1101,
paragraph (n)(1)(i), line 4 is corrected by adding the words ``or the
activity involving such products or material'' after the words
``containing asbestos''.
445. On page 41143, in the second column, in Sec. 1926.1101,
paragraph (n)(4), line 3, the number ``1'' is corrected by enclosing it
in parenthesis to read ``(1)''.
446. On page 41143, in the second column, in Sec. 1926.1101,
paragraph (n)(5), line 5, the word ``far'' is corrected to read
``for''.
447. On page 41143, in the third column, in Sec. 1926.1101,
paragraph (o)(3) introductory text, line 6, the words ``(p)(3) (i) and
(ii)'' are corrected to read ``(o)(3)(i)''.
448. On page 41143, in the third column, in Sec. 1926.1101,
paragraph (o)(3) introductory text, line 10, the words ``Class II and
III'' are corrected to read ``Class II, III, and IV''.
449. On page 41143, in the third column, in Sec. 1926.1101,
paragraph (o)(3)(i) introductory text, line 4, the words ``paragraph
(g)(1)'' are corrected to read ``paragraph (e)(6)''.
450. On page 41144, in the first column, in Sec. 1926.1101,
paragraph (o)(3)(i)(E), line 3, the words ``protective clothing'' are
corrected to read ``respirators''.
451. On page 41144, in the first column, in Sec. 1926.1101,
paragraph (o)(3)(i)(E), line 4, the word ``respirators'' is corrected
to read ``protective clothing''.
452. On page 41144, in the first column, in Sec. 1926.1101,
paragraph (o)(3)(i)(F), line 2, the words ``set up'' are corrected to
read ``set up, use,''.
453. On page 41144, in the first column, in Sec. 1926.1101,
paragraph (o)(3)(i)(H), line 1, the word ``though'' is corrected to
read ``through''.
454. On page 41144, in the first column, in Sec. 1926.1101,
paragraph (o)(3)(i)(H), line 2 is corrected by adding a comma after the
word ``inspection''.
455. On page 41144, in the first column, in Sec. 1926.1101,
paragraph (o)(3)(i)(I), line 2, the words ``paragraph (f)(6)'' are
corrected to read ``paragraph (k)''.
456. On page 41144, in the first column, in Sec. 1926.1101,
paragraph (o)(3)(ii) is added and reserved.
457. On page 41144, in the first column, in Sec. 1926.1101,
paragraph (o)(4)(i), lines 12 through 16 are corrected to read, ``that
meets the criteria of EPA's Model Accredited Plan (40 CFR part 763) or
a course equivalent in stringency, content, and length.''.
458. On page 41144, in the first to second column, in
Sec. 1926.1101, paragraph (o)(4)(ii), lines 11 through 17 are corrected
to read, ``course that is consistent with EPA requirements for training
of local education agency maintenance and custodial staff as set forth
at 40 CFR 763.92(a)(2), or its equivalent in stringency, content, and
length.''.
Appendix B to Sec. 1926.1101 [Corrected]
458a. On page 41144, in the third column, the heading for Appendix
B to Sec. 1926.1101 is corrected to read:
Appendix B to Sec. 1926.1101--Sampling and Analysis (Non-Mandatory)
* * * * *
459. On page 41145, in Sec. 1926.1101, in Appendix B, the table is
corrected so that the word ``Air'' is removed from between the double
lines at the beginning and added following the word ``Matrix''.
460. On page 41145, in the second column, in Sec. 1926.1101, in
Appendix B, under ``1. Introduction,'' in the definition of ``Walton-
Beckett Graticule,'' line 11, the number ``2'' is corrected to read
``1''.
461. On page 41145, in the second column, in Sec. 1926.1101, in
Appendix B, in the paragraph under the heading entitled ``1.2
Principle,'' line 6 is corrected by removing the word ``a''.
462. On page 41146, in the second column, in Sec. 1926.1101, in
Appendix B, under the heading entitled ``4. Interferences,'' in the
second paragraph, the list of common fibers is corrected to read:
* * * * *
4. Interferences
* * * * *
fiberglass
anhydrite
plant fibers
perlite veins
gypsum
some synthetic fibers
membrane structures
sponge spicules
diatoms
microorganisms
wollastonite
* * * * *
463. On page 41146, in the second column, in Sec. 1926.1101, in
Appendix B, under the heading entitled ``5.1.1 Sample assembly,'' in
the first paragraph, line 8, the number ``0.8-'' is corrected to read
``0.4''.
464. On page 41146, in the second column, in Sec. 1926.1101, in
Appendix B, under the heading entitled ``5.1.1 Sample assembly,'' a new
note (e) is added to read:
* * * * *
5.1.1 * * *
Notes: * * *
(e) Other cassettes, such as the Bell-mouth, may be used within
the limits of their validation.
* * * * *
465. On page 41146, in the second column, in Sec. 1926.1101, in
Appendix B, under the heading entitled ``5.1.3 Sampling pump,'' lines 5
and 6, the words ``2.5 liters per minute (L/min)'' are corrected to
read ``the collection rate''.
466. On page 41146, in the second column, in Sec. 1926.1101, in
Appendix B, in the paragraph entitled ``5.2.1,'' line 2 is corrected by
removing the words ``(see Figure 3)''.
467. On page 41146, in the third column, in Sec. 1926.1101, in
Appendix B, under the heading entitled ``5.2.5,'' lines 8 and 9 of the
``Note'' are corrected to
[[Page 34002]]
read, ``pressure changes, correct the flow rate using the formula shown
in the section ``Sampling Pump Flow Rate Corrections'' at the end of
this appendix.''.
468. On page 41147, in the first column, in Sec. 1926.1101, in
Appendix B, the paragraph entitled ``5.2.11'' is corrected to read:
* * * * *
5. * * *
5.2 * * *
5.2.11 Attach and secure a sample seal around each sample cassette
in such a way as to assure that the end cap and base plugs cannot be
removed without destroying the seal. Tape the ends of the seal together
since the seal is not long enough to be wrapped end-to-end. Also wrap
tape around the cassette at each joint to keep the seal secure.
* * * * *
469. On page 41147, in the first column, in Sec. 1926.1101, in
Appendix B, in the paragraph entitled ``5.3.2,'' line 8, the words
``without rattling'' are corrected to read ``in such a manner that they
will not rattle''.
470. On page 41148, in the first column, in Sec. 1926.1101, in
Appendix B, under the heading entitled ``6.6.2 Counting Fibers,''
paragraph (9), line 5, the number ``2'' is corrected to read ``1''.
471. On page 41148, in the third column, in Sec. 1926.1101, in
Appendix B, under the heading entitled ``7.3. Recount Calculations,''
the formula in the third paragraph is corrected to read:
* * * * *
7.3. Recount Calculations
* * * * *
[GRAPHIC][TIFF OMITTED]TR29JN95.002
472. On page 41149, in the first column, in Sec. 1926.1101, in
Appendix B, under the heading entitled ``Quality Control,'' in the
first paragraph, lines 6 and 7 are corrected by removing the words
``for the CV curve shown below''.
Appendix F to Sec. 1926.1101 [Corrected]
472a. On page 41150, in the second column, the heading of Appendix
F to Sec. 1926.1101 is corrected to read:
Appendix F to Sec. 1926.1101--Work Practices and Engineering Controls
for Class I Asbestos Operations (Non-Mandatory)
* * * * *
473. On page 41152, in the third column, in Sec. 1926.1101, in
Appendix F, under the heading entitled ``Cleaning the Work Area,'' in
the second paragraph, line 4, the word ``encapsulate'' is corrected to
read ``encapsulant''.
Appendix H to Sec. 1926.1101 [Corrected]
474. On page 41153, in the first column, in Sec. 1926.1101, in
Appendix H, under the heading entitled ``III. Respirators and
Protective Clothing,'' paragraph A, line 17 is corrected by adding the
word ``a'' after the word ``conduct''.
475. On page 41153, in the first column, in Sec. 1926.1101, in
Appendix H, under the heading entitled ``IV. Disposal Procedures and
Clean-up,'' paragraph E, line 1, the word ``if'' is corrected to read
``is''.
476. On page 41153, in the second column, in Sec. 1926.1101, in
Appendix H, under the heading entitled ``V. Access to Information,''
paragraph B, line 5, the word ``trowled-on'' is corrected to read
``troweled-on''.
Appendix K to Sec. 1926.1101 [Corrected]
477. On page 41155, in the second column, in Sec. 1926.1101, in
Appendix K, under the heading entitled ``1.8 Toxicology,'' line 9 is
corrected by adding the words ``and 29 CFR 1915.1001'' after the number
``1926.1101''.
478. On page 41155, in the third column, in Sec. 1926.1101, in
Appendix K, under the heading entitled ``2.4 Shipment,'' paragraph (a),
line 2 is corrected by removing the words ``(such as the OSHA 21)''.
Signed at Washington, D.C. this 20th day of June, 1995.
Joseph A. Dear,
Assistant Secretary, Occupational Safety and Health Administration.
[FR Doc. 95-15489 Filed 6-28-95; 8:45 am]
BILLING CODE 4510-26-P
