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A: The asbestos NESHAP requires that the notice be postmarked or delivered at least ten days before asbestos stripping or removal work, or other activity begins that would disturb asbestos material. This means that the asbestos work may proceed on the 11th day or any day thereafter as specified in the notification.
Dear Mr. Intlekofer:
This is in response to your letter dated December 2, 1996, requesting clarification of the asbestos National Emission Standard for Hazardous Air Pollutants (NESHAP). Specifically, you ask whether renovation projects must start on the 10th day or 11th day after the 10-day notification is postmarked.
The asbestos NESHAP requires that the notice be postmarked or delivered at least ten days before asbestos stripping or removal work, or other activity begins that would disturb asbestos material. This means that the asbestos work may proceed on the 11th day or any day thereafter as specified in the notification.
This response was coordinated with the Office of Regulatory Enforcement and the Office of Air Quality Planning and Standards. If you have any questions, please contact Tom Ripp of my staff at (202) 564-7003.
Sincerely,
John B. Rasnic, Director
Manufacturing, Energy and Transportation Division
Office of Compliance
Mr. William Loch Project Manager
Warren and Panzer Engineers P.C.
10 East 38th Street
New York, New York 10016
Dear Mr. Loch:
This letter is in response to your December 21, 1990 letter in which you requested clarification regarding the categorization of mastic in the Asbestos National Emission Standard for Hazardous Air Pollutants (NESHAP).
In the recently revised asbestos NESHAP, promulgated on November 20, 1990, EPA established two categories of nonfriable asbestos containing material (ACM): Category I nonfriable ACM and Category II nonfriable ACM. As defined in 40 CFR Section 61.141, "Category I nonfriable ACM" means asbestos-containing packings, gaskets, resilient floor covering and asphalt roofing products containing more than 1 percent asbestos determined using the methods specified in Appendix A, Subpart F, 40 CFR Part 763, Section 1, Polarized Light Microscopy. "Category II nonfriable ACM" means any material, excluding Category I nonfriable ACM, containing more than 1 percent asbestos as determined using the methods [cited above] that, when dry, cannot be crumbled, pulverized or reduced to powder by hand pressure."
Mastic which is in good condition, that is, it is not peeling, cracking, or crumbling, would be considered Category I nonfriable ACM. Therefore, mastic which is in good condition will not be subject to the Asbestos NESHAP unless it is subjected to sanding, grinding, cutting or abrading. In cases where floor tile is not friable and is not being removed from a building prior to demolition, we believe the mastic underneath the floor tile will be in good condition and not friable and therefore, can remain in the building during the demolition process.
However, if the demolition process involves the intentional burning of a building, all of the asbestos-containing material in the building, including the floor tile mastic, must be removed in accordance with the NESHAP before the burning. In addition, it should be noted that the condition of the mastic may be affected by the process used to remove the floor tile. Mastic should be closely inspected after floor tile removal to determine its condition. In reference to your question on the use of solvents to remove mastic, we believe the use of solvents alone would not cause the mastic to be crumbled, pulverized or reduced to powder, and therefore would not be subject to the Asbestos NESHAP. This determination has been coordinated with EPA's Office of Enforcement and with the Emission Standards Division of the Office of Air Quality Planning and Standards. If you have any questions, please contact Scott Throwe of my staff at (703) 308-8699.
Sincerely,
John B. Rasnic, Acting Director
Stationary Source Compliance Division Office of Air Quality Planning and Standards
CC: Sims Roy, ESD (MD-13) Elise Hoerath, OE (LE-134A) Omyra Salgado, SSCD (EN-341W) Tom Ripp, SSCD (EN-341W)