Federal Register / Vol. 60, No. 243 / Tuesday, December 19, 1995 / Rules and Regulations 65243

[FR Doc. 95–30797 Filed 12–18–95; 8:45 am]

BILLING CODE 6560–50–P

40 CFR Part 61

[FRL–5399–3]

Asbestos NESHAP Clarification

Regarding Analysis of Multi-Layered

Systems

AGENCY: Environmental Protection

Agency.

ACTION: Notice of clarification to the

final rule.

SUMMARY: This document provides

clarification regarding the requirements

of the National Emission Standards for

Hazardous Air Pollutants (NESHAP) for

asbestos. It is intended to address

common questions regarding situations

where one or more layers which may

contain asbestos are present, and

supplement the January 5, 1994 Federal

Register clarification (59 FR 542).

EFFECTIVE DATE: December 19, 1995.

FOR FURTHER INFORMATION CONTACT: For

copies, contact Mr. Larry Tessier at 1–

800–368–5888 or at (703) 305–5938. For

questions about the clarification, please

contact Mr. Tom Ripp at (202) 564–

7003.

SUPPLEMENTARY INFORMATION: On

November 20, 1990, the Federal

Register published the Environmental

Protection Agency’s (the Agency’s)

revision of the National Emission

Standards for Hazardous Air Pollutants

for Asbestos (asbestos NESHAP), 40 CFR

part 61, subpart M, 55 FR 48406. The

asbestos NESHAP applies to any facility

as defined in 40 CFR 61.141. The

Agency has learned that some of the

regulated community have further

questions concerning the analysis of

samples which may contain multiple

layers, any or all of which may be

asbestos containing materials (ACM)

under the asbestos NESHAP. Because

these questions are frequently asked,

EPA is making this clarification.

I. Clarification of Multi-Layered ACM

System

At the time the original asbestos

NESHAP was promulgated (April 6,

1973), a standardized reference method

had not been developed to determine

quantitatively the content of asbestos in

a material. The definition for ‘‘friable

asbestos material’’ was added in the

October 14, 1975 asbestos NESHAP, but

still did not specify an analytical

method. EPA’s unwritten policy based

on the definition of ‘‘friable asbestos

material’’ was that each layer in a multilayered system was to be analyzed as a

separate material (no averaging or

dilution by combining layers of

asbestos-containing material with

nonasbestos-containing material was

allowed). The November 20, 1990

revision of the asbestos NESHAP finally

specified that Appendix A, Subpart F,

40 CFR Part 763, Section 1, Polarized

Light Microscopy (PLM method) be

used to determine whether or not a

material contains greater that one

percent asbestos. Section 1.7.2.1 of the

PLM method states that ‘‘* * * When

discrete strata are identified, each is

treated as a separate material so that

fibers are first quantified in that layer

only, and then the results for each layer

are combined to yield an estimate of

asbestos content for the whole sample.’’

This language has led to considerable

confusion as to how to analyze multilayered samples for NESHAP purposes.

EPA published a clarification regarding

the analysis of multi-layered systems in

the January 5, 1994 Federal Register.

This clarification basically stated that

all multi-layered systems except for wall

systems where joint compound was

used only at the joints and nail holes

must be analyzed as separate materials,

and results were not allowed to be

combined to determine average asbestos

content (continuing the policy that

dilution of an asbestos-containing

material is not allowed).

The Environmental Protection Agency

has received many questions about

analyzing multi-layered systems for

asbestos content to determine the

applicability of the asbestos NESHAP

since its January 5, 1994 clarification

(59 FR 542). This clarification reiterates

EPA’s position for analysis of multilayered samples for applicability of the

asbestos NESHAP.

This clarification applies to all multilayered systems (other than wallboard

systems where asbestos-containing joint

compound is used only at the joints and

nail holes) under both the NESHAP and

the Asbestos Hazard Emergency

Response Act (AHERA) (40 CFR Part

763) programs.

Any source sending multi-layered

bulk samples to a lab may request that

certain sample(s) or portions of

sample(s) be composited for analysis

first (to potentially reduce time and cost

of sampling).

(Note: A composite sample does not mean

that multiple samples may be composited

into one sample. It means that multiple

layers of one core sample may be composited

for analysis.)

If this alternative method is chosen,

then the following requirements must be

followed. To analyze the composite

sample, the procedures in EPA/600–93/

116 ‘‘Method for the Determination of

Asbestos in Bulk Building Materials’’

(‘‘the Method’’), specifically Section 2.3

‘‘Gravimetry,’’ must be used.

Additionally, for the composite sample,

the recommendations in Appendix D of

the method must be followed. This

procedure is consistent with the

procedures outlined in 40 CFR Part 763,

Appendix E to Subpart E (formerly

Appendix A to Subpart F), which is

referenced in the asbestos NESHAP (40

CFR 61.141 and 61.146), but the

procedures in the new method are more

clear. EPA finds that this method is an

acceptable alternative method of

compliance under section

61.13(h)(1)(ii). EPA intends to amend

the asbestos NESHAP in the near future

to refer specifically to these procedures.

When using the gravimetric procedures,

the result may be recorded as percent

asbestos by weight.

If the result of the composite analysis

shows that the average content for the

multi-layered system (across the layers)

is greater than one percent, then the

multi-layered system must be treated as

asbestos-containing and analysis by

layers is not necessary. If the result of

the composite sample analysis indicates

that the multi-layered system as a whole

contains asbestos in the amount of one

percent or less, but greater than none

detected, then analysis by layers is

required to ensure that no layer in the

system contains greater than one

percent asbestos. If any layer contains

greater than one percent asbestos, that

layer must be treated as asbestoscontaining. This will have the effect of

requiring all layers in a multi-layered

system to be treated as asbestoscontaining if the layers can not be

separated without disturbing the

asbestos-containing layer. Once any one

layer is shown to have greater than one

percent asbestos, further analysis of the

other layers is not necessary if all the

layers will be treated as asbestoscontaining. If several of the layers will

be removed without removing the entire

system, then all layers that will be

disturbed must be analyzed. This

includes the material being removed;

however, the material being removed

may be analyzed using the composite

analysis procedures. Please note that the

same requirements to perform point

counting as stated in our May 8, 1991

clarification (see enclosed

memorandum) still apply for any layers

being analyzed individually.
65244 Federal Register / Vol. 60, No. 243 / Tuesday, December 19, 1995 / Rules and Regulations

Dated: September 28, 1995.

Richard Biondi,

Acting Director, Manufacturing, Energy, and

Transportation Division, Office of

Compliance.

[FR Doc. 95–30790 Filed 12–18–95; 8:45 am]

BILLING CODE 6560–50–P

FEDERAL COMMUNICATIONS

COMMISSION

47 CFR Part 73

[MM Docket No. 90–468; RM–7380]

Radio Broadcasting Services;

Wickenburg and Lake Havasu City, AZ

AGENCY: Federal Communications

Commission.

ACTION: Final rule; petition for

reconsideration.

SUMMARY: This documents grants a

Petition for Reconsideration filed by

Interstate Broadcasting System of

Arizona, Inc., licensee of Station KRDSFM, Channel 287C2, Wickenburg,

Arizona, directed to the Report and

Order in this proceeding which had

upgraded the Station KRDS-FM license

to specify operation on Channel 287C1.

See 56 FR 43884, September 5, 1991.

With this action, the proceeding is

terminated.

EFFECTIVE DATE: January 26, 1996.

FOR FURTHER INFORMATION CONTACT:

Robert Hayne, Mass Media Bureau,

(202) 776–1654.

SUPPLEMENTARY INFORMATION: This is a

synopsis of the Commission’s

Memorandum Opinion and Order in

MM Docket No. 90– 468, adopted

December 6, 1995, and released

December 12, 1995. The full text of this

decision is available for inspection and

copying during normal business hours

in the FCC Reference Center (Room

239), 1919 M Street, NW., Washington,

DC. The complete text of this decision

may also be purchased from the

Commission’s copy contractor,

International Transcription Service,

Inc., (202) 857–3800, 1919 M Street,

NW., Room 246, or 2100 M Street, NW.,

Suite 140, Washington, DC 20037.

List of Subjects in 47 CFR Part 73

Radio broadcasting.

Part 73 of title 47 of the Code of

Federal Regulations is amended as

follows:

PART 73—[AMENDED]

1. The authority citation for part 73

continues to read as follows:

Authority: Secs. 303, 48 Stat., as amended,

1082; 47 U.S.C. 154, as amended.

§ 73.202 [Amended]

2. Section 202(b), the Table of FM

Allotments under Arizona, is amended

by removing Channel 287C1 and adding

Channel 287C2 at Wickenburg.

Federal Communications Commission.

Douglas W. Webbink,

Chief, Policy and Rules Division, Mass Media

Bureau.

[FR Doc. 95–30757 Filed 12–18–95; 8:45 am]

BILLING CODE 6712–01–F