83_FR_18122 83 FR 18042 - National Emission Standards for Hazardous Air Pollutants for Asbestos: Request for Approval of an Alternative Work Practice for Asbestos Cement Pipe Replacement

83 FR 18042 - National Emission Standards for Hazardous Air Pollutants for Asbestos: Request for Approval of an Alternative Work Practice for Asbestos Cement Pipe Replacement

ENVIRONMENTAL PROTECTION AGENCY

Federal Register Volume 83, Issue 80 (April 25, 2018)

Page Range18042-18051
FR Document2018-08574

This action provides public notice and solicits comment on an alternative work practice (AWP) request under the Clean Air Act, to use new technology and work practices developed for removal and replacement of asbestos cement (A/C) pipe. In this action, the Environmental Protection Agency (EPA) is soliciting comment on all aspects of this request for an AWP that, in order to be approved, should be at least environmentally equivalent to the existing work practices in the National Emission Standards for Hazardous Air Pollutants for Asbestos (Asbestos NESHAP), which applies to the removal and replacement of A/C pipe.

Federal Register, Volume 83 Issue 80 (Wednesday, April 25, 2018) 
[Federal Register Volume 83, Number 80 (Wednesday, April 25, 2018)]
[Notices]
[Pages 18042-18051]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-08574]


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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OAR-2017-0427; FRL-9975-48-OAR]
RIN 2060-AT73


National Emission Standards for Hazardous Air Pollutants for 
Asbestos: Request for Approval of an Alternative Work Practice for 
Asbestos Cement Pipe Replacement

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notification of request for comments.

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SUMMARY: This action provides public notice and solicits comment on an 
alternative work practice (AWP) request under the Clean Air Act, to use 
new technology and work practices developed for removal and replacement 
of asbestos cement (A/C) pipe. In this action, the Environmental 
Protection Agency (EPA) is soliciting comment on all aspects of this 
request for an AWP that, in order to be approved, should be at least 
environmentally equivalent to the existing work practices in the 
National Emission Standards for Hazardous Air Pollutants for Asbestos 
(Asbestos NESHAP), which applies to the removal and replacement of A/C 
pipe.

DATES: 
    Comments. The EPA must receive written comments on or before June 
25, 2018.
    Public Hearing. If a public hearing is requested by April 30, 2018, 
then we will hold a public hearing on May 10, 2018 at the EPA William 
Jefferson Clinton (WJC) East Building, 1201 Constitution Avenue NW, 
Washington, DC 20004. If a public hearing is requested, then we will 
provide additional details about the public hearing on our website at 
https://www.epa.gov/stationary-sources-air-pollution/asbestos-national-emission-standards-hazardous-air-pollutants. To request a hearing, to 
register to speak at a hearing, or to inquire if a hearing will be 
held, please contact Aimee St. Clair at (919) 541-1063 or by email at 
[email protected]. The EPA does not intend to publish any future 
notices in the Federal Register regarding a public hearing on this 
proposed action and directs all inquiries regarding a hearing to the 
website and contact person identified above. The last day to pre-
register in advance to speak at the public hearing will be May 8, 2018.

ADDRESSES: Comments. Submit your comments, identified by Docket ID No. 
EPA-HQ-OAR-2017-0427, at http://www.regulations.gov. Follow the online 
instructions for submitting comments. Once submitted, comments cannot 
be edited or removed from Regulations.gov. Regulations.gov is our 
preferred method of receiving comments. However, other submission 
formats are accepted. To ship or send mail via the United States Postal 
Service, use the following address: U.S. Environmental Protection 
Agency, EPA Docket Center, Docket ID No. EPA-HQ-OAR-2017-0427, Mail 
Code 28221T, 1200 Pennsylvania Avenue NW, Washington, DC 20460. Use the 
following Docket Center address if you are using express mail, 
commercial delivery, hand delivery, or courier. EPA Docket Center, WJC 
West Building, Room 3334, 1301 Constitution Avenue NW, Washington, DC 
20004. Delivery verification signatures will be

[[Page 18043]]

available only during regular business hours.
    Do not submit electronically any information you consider to be 
confidential business information (CBI) or other information whose 
disclosure is restricted by statute. Send or deliver information 
identified as CBI only to the following address. OAQPS Document Control 
Officer (C404-02), Office of Air Quality Planning and Standards, 
Environmental Protection Agency, Research Triangle Park, North Carolina 
27711, Attention Docket ID No. EPA-HQ-OAR-2017-0427.
    The EPA may publish any comment received to its public docket. 
Multimedia submissions (audio, video, etc.) must be accompanied by a 
written comment. The written comment is considered the official comment 
and should include discussion of all points you wish to make. The EPA 
will generally not consider comments or comment contents located 
outside of the primary submission (i.e., on the Web, cloud, or other 
file sharing system). For additional submission methods, the full EPA 
public comment policy, information about CBI or multimedia submissions, 
and general guidance on making effective comments, please visit https://www.epa.gov/dockets/where-send-comments-epa-dockets.
    Public Hearing. If a public hearing is requested, it will be held 
at EPA Headquarters, EPA WJC East Building, 1201 Constitution Avenue 
NW, Washington, DC 20004. If a public hearing is requested, then we 
will provide details about the public hearing on our website at: 
https://www.epa.gov/stationary-sources-air-pollution/asbestos-national-emission-standards-hazardous-air-pollutants. The EPA does not intend to 
publish another document in the Federal Register announcing any updates 
on the request for a public hearing. Please contact Aimee St. Clair at 
(919) 541-1063 or by email at [email protected] to request a public 
hearing, to register to speak at the public hearing, or to inquire as 
to whether a public hearing will be held.
    The EPA will make every effort to accommodate all speakers who 
arrive and register. If a hearing is held at a U.S. government 
facility, individuals planning to attend should be prepared to show a 
current, valid state- or federal-approved picture identification to the 
security staff in order to gain access to the meeting room. An expired 
form of identification will not be permitted. Please note that the Real 
ID Act, passed by Congress in 2005, established new requirements for 
entering federal facilities. If your driver's license is issued by a 
noncompliant state, you must present an additional form of 
identification to enter a federal facility. Acceptable alternative 
forms of identification include: Federal employee badge, passports, 
enhanced driver's licenses, and military identification cards. 
Additional information on the Real ID Act is available at https://www.dhs.gov/real-id-frequently-asked-questions. In addition, you will 
need to obtain a property pass for any personal belongings you bring 
with you. Upon leaving the building, you will be required to return 
this property pass to the security desk. No large signs will be allowed 
in the building, cameras may only be used outside of the building, and 
demonstrations will not be allowed on federal property for security 
reasons.

FOR FURTHER INFORMATION CONTACT: For questions about this action, 
contact Ms. Susan Fairchild, Sector Policies and Programs Division (D-
243-04), Office of Air Quality Planning and Standards (OAQPS), U.S. 
Environmental Protection Agency, Research Triangle Park, North Carolina 
27711; telephone number: (919) 541-5167; fax number: (919) 541-4991; 
and email address: [email protected].

SUPPLEMENTARY INFORMATION: 
    Docket. The EPA has established a docket for this rulemaking under 
Docket ID No. EPA-HQ-OAR-2017-0427. All documents in the docket are 
listed in the Regulations.gov index. Although listed in the index, some 
information is not publicly available, e.g., CBI or other information 
whose disclosure is restricted by statute. Certain other material, such 
as copyrighted material, is not placed on the internet and will be 
publicly available only in hard copy. Publicly available docket 
materials are available either electronically in Regulations.gov or in 
hard copy at the EPA Docket Center, Room 3334, EPA WJC West Building, 
1301 Constitution Avenue NW, Washington, DC. The Public Reading Room is 
open from 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding 
legal holidays. The telephone number for the Public Reading Room is 
(202) 566-1744, and the telephone number for the EPA Docket Center is 
(202) 566-1742.
    Instructions. Direct your comments to Docket ID No. EPA-HQ-OAR-
2017-0427. The EPA's policy is that all comments received will be 
included in the public docket without change and may be made available 
online at http://www.regulations.gov, including any personal 
information provided, unless the comment includes information claimed 
to be CBI or other information whose disclosure is restricted by 
statute. Do not submit information that you consider to be CBI or 
otherwise protected through http://www.regulations.gov or email. This 
type of information should be submitted by mail (see ADDRESSES section 
of this preamble for correct mailing address). The http://www.regulations.gov website is an ``anonymous access'' system, which 
means the EPA will not know your identity or contact information unless 
you provide it in the body of your comment. If you send an email 
comment directly to the EPA without going through http://www.regulations.gov, your email address will be automatically captured 
and included as part of the comment that is placed in the public docket 
and made available on the internet. If you submit an electronic 
comment, the EPA recommends that you include your name and other 
contact information in the body of your comment and with any disk or 
CD-ROM you submit. If the EPA cannot read your comment due to technical 
difficulties and cannot contact you for clarification, the EPA may not 
be able to consider your comment. Electronic files should not include 
special characters or any form of encryption and be free of any defects 
or viruses. For additional information about the EPA's public docket, 
visit the EPA Docket Center homepage at http://www.epa.gov/dockets.
    Submitting CBI. Do not submit information containing CBI to the EPA 
through http://www.regulations.gov or email. Clearly mark the part or 
all of the information that you claim to be CBI. For CBI information in 
a disk or CD-ROM that you mail to the EPA, mark the outside of the disk 
or CD-ROM as CBI and then identify electronically within the disk or 
CD-ROM the specific information that is claimed as CBI. In addition to 
one complete version of the comments that includes information claimed 
as CBI, you must submit a copy of the comments that does not contain 
the information claimed as CBI for inclusion in the public docket. If 
you submit a CD-ROM or disk that does not contain CBI, mark the outside 
of the disk or CD-ROM clearly that it does not contain CBI. Information 
not marked as CBI will be included in the public docket and the EPA's 
electronic public docket without prior notice. Information so marked 
will not be disclosed except in accordance with procedures set forth in 
40 Code of Federal Regulations (CFR) part 2.
    Acronyms and Abbreviations. We use multiple acronyms and terms in 
this notice. While this list may not be exhaustive, to ease the reading 
of this

[[Page 18044]]

notice and for reference purposes, the EPA defines the following terms 
and acronyms here:

A/C asbestos cement
ACM asbestos-containing material
ACPRP asbestos cement pipe replacement project
ACWM asbestos-containing waste material
ASTM American Society for Testing and Materials
AWP alternative work practice
CBI confidential business information
CFR Code of Federal Regulations
CTPS close tolerance pipe slurrification
EPA Environmental Protection Agency
NESHAP national emission standards for hazardous air pollutants
OAQPS Office of Air Quality Planning and Standards
PVC polyvinyl chloride
RACM regulated asbestos-containing material, as defined in 40 CFR 
61.141
VE visible emissions, as defined in 40 CFR 61.141

    Organization of This Document. The information in this notice is 
organized as follows:

I. General Information
    A. Does this action apply to me?
    B. How do I obtain a copy of this document and other related 
information?
II. Background Information
    A. Why are asbestos cement pipes being replaced?
    B. What is the Asbestos NESHAP?
    C. How is an alternative work practice approved?
    D. How do the Asbestos NESHAP requirements apply to replacement 
of A/C pipe?
    E. What techniques are approved for removal and replacement of 
A/C pipes?
III. Alternative Work Practice Request
    A. What is the close tolerance pipe slurrification technique for 
A/C pipe replacement?
    B. What is the EPA's proposed action on the AWP request?
IV. What are the proposed work practices for A/C pipe replacement?
    A. What is the proposed CTPS AWP?
    B. What notification requirements would apply?
    C. What inspection, operation, and maintenance requirements 
would apply?
    D. What sampling, testing, and utility map notation requirements 
would apply?
    E. What labeling and transportation requirements would apply?
    F. What recordkeeping and reporting requirements would apply?
V. Request for Comments

I. General Information

A. Does this action apply to me?

    Categories and entities potentially affected by this 
reconsideration action include those listed in Table 1 of this 
preamble.

    Table 1--NESHAP and Industrial Source Categories Affected by This
                             Proposed Action
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              NESHAP and source category                 NAICS \1\ code
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Water treatment plants................................            221310
Distribution line, sewer and water, construction,                 237110
 rehabilitation, and repair...........................
Sewer main, pipe and connection, construction,                    237110
 rehabilitation, and repair...........................
Storm sewer construction, rehabilitation, and repair..            237110
Irrigation systems construction, rehabilitation, and              237110
 repair...............................................
Water main and line construction, rehabilitation, and             237110
 repair...............................................
Pipeline rehabilitation contractors...................            237120
Horizontal drilling (e.g., underground cable,                     237990
 pipeline, sewer installation)........................
Pipe fitting contractors..............................            238220
Power, communication and pipeline right-of-way                    238910
 clearance (except maintenance).......................
Pipeline transportation (except crude oil, natural                486990
 gas, refined petroleum products).....................
Pipeline terminal facilities, independently operated..            488999
Pipeline inspection (i.e., visual) services...........            541990
Asbestos removal contractors..........................            562910
Asbestos abatement services...........................            562910
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\1\ North American Industry Classification System.

    This table is not intended to be exhaustive, but rather provides a 
guide for readers regarding entities likely to be affected by this 
proposed action. To determine whether your A/C pipe replacement project 
(ACPRP) would be affected by this proposed action, you should examine 
the applicability criteria in the Asbestos NESHAP (40 CFR part 61, 
subpart M). If you have any questions regarding the applicability of 
any aspect of this proposed action, please contact the person listed in 
the preceding FOR FURTHER INFORMATION CONTACT section of this preamble.

B. How do I obtain a copy of this document and other related 
information?

    The docket number for this proposed action regarding the Asbestos 
NESHAP is Docket ID No. EPA-HQ-OAR-2017-0427. In addition to being 
available in the docket, an electronic copy of this document will also 
be available on the internet. The EPA will post a copy of this proposed 
action at https://www.epa.gov/stationary-sources-air-pollution/asbestos-national-emission-standards-hazardous-air-pollutants following 
official Agency signature.
    Following publication in the Federal Register, the EPA will post 
the Federal Register version and key technical documents on this same 
website.

II. Background Information

A. Why are asbestos cement pipes being replaced?

    Drinking water, waste water, and storm water are handled by a 
system of pipes which deliver water to residences, commercial, 
institutional, and industrial users; transfer waste water from users to 
wastewater treatment plants; and carry untreated storm water to streams 
and lakes. As the infrastructure of municipalities age, utilities 
serving the population need to replace deteriorated water pipes. 
Existing water pipes can be made of various components, such as clay, 
iron, polyvinyl chloride (PVC), concrete, and A/C. These A/C pipes are 
potentially subject to regulation under the Asbestos NESHAP when 
replaced.
    When A/C pipes age, the cementitious bonds in the pipe matrix 
weaken, primarily due to the pH of the water, particulate in 
suspension, acidic gases in sewage, and the scrubbing effect of sandy 
soil caused by movement, such as tidal changes against the outside of 
the pipe (e.g., in coastal environments). These mechanisms degrade both 
the outside and the inside of the pipes, causing them to become 
compromised and to leak.
    Once pipes begin to leak, the environment can be harmed in several 
ways. Leaking waste water pipes can pollute nearby waterways, such as 
oceans, rivers, and lakes. Compromised storm water pipes can allow 
excess ground water, produced during high volume storm events, to seep 
into the

[[Page 18045]]

pipe through cracks. This influx of ground water (or ``infiltration'') 
can create a significant increase in the volume of waste water arriving 
at waste water treatment plants. If treatment plants become 
overburdened, waste water may be forced to be routed to the nearest 
waterway without being properly treated, leading to increased waterway 
contamination. Compromised drinking water pipes waste valuable finished 
water, which can leak out of the degraded pipes into surrounding soils. 
Water pipes carrying finished water have been known to rupture due to a 
combination of degradation and a high-pressure load, also known as a 
water main break.
    Because existing water pipes of all types run beneath and beside 
major roadways, beneath buildings, and overlap other utilities (e.g., 
gas, electricity, cable), their replacement can potentially be 
problematic, especially in high density residential, industrial, and 
urban areas. Even replacement in suburban and rural areas can require 
careful navigation beneath roadways and other major structures.

B. What is the Asbestos NESHAP?

    The Asbestos NESHAP is a set of work practice standards designed to 
minimize the release of asbestos, prescribed for the handling, 
processing, and disposal of asbestos-containing materials (ACM). The 
purpose of these work practices is to minimize the release of asbestos 
into the environment.
    Asbestos is a known human carcinogen and the primary route of 
exposure is through inhalation of asbestos fibers. The potential for 
exposure to asbestos fibers is directly linked to ACM's potential to 
become friable, and, thus, for fibers to become airborne. Certain ACM 
can readily release asbestos fibers when they are disturbed or damaged. 
Asbestos fibers can then become entrained into the ambient air where 
they become available for inhalation. More information on the health 
effects of asbestos may be found at https://www.epa.gov/asbestos/learn-about-asbestos#effects.
    The Asbestos NESHAP defines friable asbestos material as any 
material containing more than 1-percent asbestos as determined using 
the method specified in 40 CFR part 763, subpart E, appendix E, section 
1, Polarized Light Microscopy (PLM), that, when dry, can be crumbled, 
pulverized, or reduced to powder by hand pressure. If the asbestos 
content is less than 10 percent, as determined by a method other than 
point counting by PLM, the asbestos content must be verified by point 
counting using PLM.
    In the preamble to the 1990 Asbestos NESHAP amendments (55 FR 
48406, November 20, 1990), the EPA stated in response to comments on 
the definition of ``friable'' as it applied to the demolition and 
renovation of ACM, that the EPA's intention was to distinguish between 
materials that would readily release asbestos fibers when damaged or 
disturbed and those materials that were unlikely to result in the 
release of significant amounts of asbestos fibers. The Asbestos NESHAP 
test to determine if ACM is friable is to attempt to crush the dry 
material by hand. If the dry ACM can be crumbled, pulverized, or 
crushed to powder by hand pressure, it is friable, and is regulated 
under the Asbestos NESHAP.
    Asbestos-contaminated material regulated under the Asbestos NESHAP 
is termed regulated asbestos-containing material (RACM). RACM is 
defined in 40 CFR 61.141 of the Asbestos NESHAP and includes: (1) 
Friable \1\ ACM; (2) Category I nonfriable ACM \2\ that has become 
friable; (3) Category I nonfriable ACM that has been or will be sanded, 
ground, cut, or abraded; or (4) Category II nonfriable ACM \3\ that has 
already been or is likely to become crumbled, pulverized, or reduced to 
powder by the forces acting upon it. If the regulatory threshold for 
RACM \4\ is met or exceeded in a renovation operation, then all friable 
ACM in the operation, and in certain situations, nonfriable ACM in the 
operation, are subject to the work practice standards of the Asbestos 
NESHAP.
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    \1\ Friable ACM means any material containing more than 1-
percent asbestos as determined using the method specified in 40 CFR 
part 763, subpart E, appendix E, section 1, Polarized Light 
Microscopy (PLM), that, when dry, can be crumbled, pulverized, or 
reduced to powder by hand pressure.
    \2\ Category I nonfriable ACM means asbestos-containing 
packings, gaskets, resilient floor covering, and asphalt roofing 
products containing more than 1-percent asbestos as determined using 
PLM.
    \3\ Category II nonfriable ACM means any material, excluding 
Category I nonfriable ACM, containing more than 1-percent asbestos 
as determined using PLM, that, when dry, cannot be crumbled, 
pulverized, or reduced to powder by hand pressure.
    \4\ The regulatory threshold for RACM is 260 linear feet, 160 
square feet, or 35 cubic feet (if the amount of RACM cannot 
otherwise be measured in linear or square feet).
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    Thus, the purpose of the work practices required for the removal of 
A/C pipe in the Asbestos NESHAP is to minimize the release of asbestos 
fibers into the atmosphere, either at the time the material is removed, 
or at a later date, as a result of friable materials left in the soil. 
Therefore, in evaluating under 40 CFR 61.12(d) whether an AWP will 
achieve a reduction in emissions of asbestos fibers at least equivalent 
to the reduction achieved under the Asbestos NESHAP work practices, the 
EPA will evaluate whether the AWP minimizes the release of asbestos 
fibers to the atmosphere.

C. How is an alternative work practice approved?

    The 40 CFR part 61 General Provisions explain under what 
circumstances the EPA may approve an alternative means of emission 
limitation. At 40 CFR 61.12(d)(1) and (2), the General Provisions 
require that the alternative means of emission limitation must achieve 
a reduction in emissions at least equivalent to the reduction achieved 
by the work practices required under the existing standard, and that 
the Federal Register document permitting the use of the alternative be 
published only after notice and an opportunity for a hearing.
    Additionally, the Asbestos NESHAP itself contains specific 
provisions under which the EPA may receive applications for prior 
written approval of an alternative emission control and waste treatment 
method. For example, 40 CFR 61.150(a)(4) authorizes ``[u]se [of] an 
alternative emission control and waste treatment method that has 
received prior approval by the Administrator according to the procedure 
described in 40 CFR 61.149(c)(2).'' As required by 40 CFR 61.150(a)(4) 
and 40 CFR 61.149(c)(2), before approval may be granted for an AWP, a 
written application must be submitted to the Administrator 
demonstrating that the following criteria are met: (i) The alternative 
method will control asbestos emissions equivalent to currently required 
methods; (ii) the suitability of the alternative method for the 
intended application; (iii) the alternative method will not violate 
other regulations; and (iv) the alternative method will not result in 
increased water pollution, land pollution, or occupational hazards.
    In order to be approved, the proposed AWP must meet all 
requirements for no visible emissions (VE), adequate wetting, waste 
handling, and disposal under the Asbestos NESHAP. The EPA is proposing 
that this AWP is equivalent to the work practice in the Asbestos 
NESHAP: It removes A/C pipe while replacing it with non-asbestos 
materials; converts friable ACM, and ACM that may become friable when 
disturbed into nonfriable ACM during the replacement

[[Page 18046]]

process; and uses amended water \5\ to achieve adequate wetting of all 
ACM.
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    \5\ Amended water is water to which surfactant chemicals 
(wetting agents) have been added to reduce the surface tension of 
the water.
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D. How do the Asbestos NESHAP requirements apply to replacement of A/C 
pipe?

    To the extent A/C pipe is either friable ACM or Category II 
nonfriable ACM that has a high probability of becoming or has become 
crumbled, pulverized, or reduced to powder by the forces expected to 
act on it during the pipe replacement process, the A/C pipes meet the 
RACM definition. If Category II nonfriable A/C pipes do not have a high 
probability of becoming and have not become crumbled, pulverized, or 
reduced to powder by the forces expected to act on them during the pipe 
replacement process, those pipes would not be regulated as RACM under 
the Asbestos NESHAP.
    For renovations such as a regulated underground ACPRP, if the total 
amount of RACM for the project over the course of a single calendar 
year to be stripped, removed, dislodged, cut, drilled, or similarly 
disturbed during the activity is less than 260 linear feet, the 
renovation work practices found in 40 CFR 61.145 of the NESHAP do not 
apply, regardless of the pipe replacement method to be used, the type 
of material (Category I or II), or its condition (friable versus 
nonfriable). See 40 CFR 61.145(a)(4). The waste disposal requirements 
found in 40 CFR 61.150 and 61.154 apply to any source regulated under 
40 CFR 61.145.
    It is important to note that projects may not be broken up to avoid 
regulation under the Asbestos NESHAP, and the EPA has clarified the 
requirements of the Asbestos NESHAP as they relate to a project on 
several occasions. In our 1995 Clarification of Intent, we stated the 
``EPA considers demolitions planned at the same time or as part of the 
same planning or scheduling period to be part of the same project. In 
the case of municipalities, a scheduling period is often a calendar 
year or fiscal year or the term of the contract.'' See 60 FR 38725 
(July 28, 1995, Footnote 1). As stated in the 40 CFR part 61 General 
Provisions, ``No owner or operator shall build, erect, install, or use 
any article, machine, equipment, process, or method, the use of which 
would otherwise constitute a violation of an applicable standard. Such 
concealment includes, but is not limited to, the use of gaseous 
dilutants to achieve compliance with a VE standard, and the piecemeal 
carrying out of an operation to avoid coverage by a standard that 
applies only to operations larger than a specified size.'' As we said 
in addressing this issue in a previous applicability determination,\6\ 
the relevant part of that requirement is the part that discusses the 
prohibition on the piecemeal carrying out of an operation to avoid 
coverage by a standard. Therefore, as required by 40 CFR 61.145(a)(iii) 
and (iv), owners or operators (owner/operator) must predict the 
combined additive amount of RACM to be removed in the course of the 
renovation activities (or, in the case of emergency renovations, 
estimate that amount) over the calendar year to determine the 
applicability of the standard to a project.
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    \6\ Applicability Determination Number A020001. August 30, 2002. 
From George Czerniak, Chief, Air Enforcement and Compliance 
Assurance Branch, U.S. EPA Region 5, to Robert Swift. https://cfpub.epa.gov/adi/index.cfm?fuseaction=home.dsp_show_file_contents&CFID=27301905&CFTOKEN=85118624&id=A020001.
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    The work practices for asbestos control under the Asbestos NESHAP 
exist to minimize the release of asbestos into the ambient air. When a 
facility component that contains, is covered with, or is coated with 
RACM is being removed from a facility \7\ as a unit or in sections 
(e.g., a pipeline), the rule requires adequate wetting of all RACM 
exposed during cutting or disjoining operations; and each unit or 
section to be carefully lowered to the floor and/or ground level, not 
dropping, throwing, sliding, or otherwise damaging or disturbing the 
RACM. After a facility component (e.g., pipeline section) containing, 
covered with, or coated with RACM has been taken out of the facility as 
a unit or in sections pursuant to paragraph (c)(2), it shall be 
stripped or contained in leak-tight wrapping.\8\ If stripped, the 
owner/operator may either adequately wet the RACM during stripping; or 
use a local exhaust ventilation and collection system designed and 
operated to capture the particulate asbestos material produced by the 
stripping, and this system must exhibit no VE to the outside air, or be 
designed and operated in accordance with 40 CFR 61.152 (air cleaning). 
For removal of A/C pipe, the owner/operator must ensure that no VE are 
exhibited during the removal of the A/C pipe and that all A/C pipe is 
kept adequately wet to minimize the release of asbestos emissions, 
unless one of the other specific provisions of the Asbestos NESHAP is 
followed. Additional requirements apply to the waste handling and 
disposal.
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    \7\ See 40 CFR 61.145(c)(2).
    \8\ For large facility components such as reactor vessels, large 
tanks, and steam generators, the RACM is not required to be 
stripped. However, other requirements for such components apply.
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    The work practices in the Asbestos NESHAP that apply to the removal 
and replacement of A/C pipe include procedures for emission control, 
handling of asbestos waste, and asbestos waste disposal. These work 
practices are discussed in the sections below.
1. Procedures for Emission Control
    The principal controls in the Asbestos NESHAP for renovations such 
as pipe replacement operations include requirements that the RACM be 
adequately wetted to minimize VE during pipe replacement operations 
involving RACM, and that asbestos waste be handled, collected, and 
disposed of properly. The emission control requirements must meet the 
standard for no VE. ``Adequately wet'' means to sufficiently mix or 
penetrate with liquid to prevent the release of particulates. If VE are 
observed coming from RACM, then that material has not been adequately 
wetted. However, the absence of VE is not sufficient evidence of being 
adequately wet. Typically, the emission controls used to achieve 
adequate wetting include a fine water spray (or a mist).\9\ The 
Asbestos NESHAP (40 CFR 61.145(c)(6)) requires that, after removal, the 
RACM must remain adequately wet until collected and contained, or 
treated in preparation for disposal in accordance with 40 CFR 61.150.
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    \9\ While not required under the Asbestos NESHAP, the EPA 
recommends the use of surfactants to amend the water used to keep 
ACM adequately wet because these water amendments greatly enhance 
the ability of water to penetrate and mix with ACM.
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    The Asbestos NESHAP specifies at 40 CFR 61.150(a)(5) that the 
asbestos-containing waste material (ACWM) handling requirements do not 
apply to Category I nonfriable ACM waste (asbestos-containing packings, 
gaskets, resilient floor covering, and asphalt roofing products 
containing more than 1-percent asbestos) and Category II nonfriable ACM 
waste (any other nonfriable ACM containing more than 1-percent 
asbestos) that did not become crumbled, pulverized, or reduced to 
powder.
2. Handling of Asbestos Waste
    Asbestos containing waste materials from activities regulated by 40 
CFR 61.145 must be handled, collected, and disposed of in accordance 
with 40 CFR 61.150. No VE may be discharged to the outside air during 
the collection, processing, packaging, or transportation of any ACWM. 
All ACWM must be kept adequately wet and sealed in leak-tight

[[Page 18047]]

containers (40 CFR 61.150(a)(1)) or processed into a nonfriable form, 
such as a nonfriable pellet or other shape (40 CFR 61.150(a)(2)).
3. Waste Disposal
    The Asbestos NESHAP requires all ACWM to be deposited as soon as is 
practical in a waste disposal site operated in accordance with the 
provisions of 40 CFR 61.154 or an EPA-approved site that converts RACM 
and ACWM into nonasbestos (asbestos-free) material according to the 
provisions of 40 CFR 61.155.

E. What techniques are approved for removal and replacement of A/C 
pipes?

    Even A/C pipes in good condition (which would be Category II 
nonfriable ACM) become regulated ACM, if the pipe has a high 
probability of becoming or has become crumbled, pulverized, or reduced 
to powder by the forces expected to act on the pipe during the 
renovation activities. Moreover, most of the A/C pipe being replaced by 
municipalities is likely to be in poor condition (i.e., friable) due to 
the degradation over time as discussed in the section II of this 
document.
    The EPA has previously determined \10\ that pipe removal is 
generally a renovation unless it is associated with the demolition of a 
structure (in which case, it is a demolition). One applicability 
determination from 1994 states that removal of A/C pipe ``. . . is a 
renovation because the pipe is not a load bearing structural member.''
---------------------------------------------------------------------------

    \10\ See the applicability determination number a960010, October 
12, 1994, from John Rasnic regarding removal of pipe, which may be 
found in the EPA's Applicability Determination Index.
---------------------------------------------------------------------------

    The accepted technique to remove and replace A/C pipes is known as 
``open trench replacement.'' In open trench replacement, the pipe is 
located, cleaned, and inspected. Because pipes run beneath and cross 
transportation corridors, traffic is rerouted to available detours. 
Temporary water and sewer service is installed to handle the water 
supply and/or wastewater handling affected by the disruption of 
service. Other utilities (electricity, cable, optical fiber) that may 
obstruct or interfere with pipe replacement are also identified. Once 
the location of the pipe and all utilities are identified, the road 
surfacing, and other structures, such as sidewalks, medians, etc., are 
removed and an open trench is dug to expose the length of pipe to be 
replaced. A pipe cutter is clamped around the A/C pipe being replaced, 
and it is scored along the outside of its circumference while water is 
applied to prevent emissions of asbestos to the atmosphere, which may 
occur along the line of cutting. The pipe is snapped along the cut and 
the process is repeated to produce transportable 6- to 8-foot sections 
of pipe. Asbestos cement pipe in poor condition may resemble wet 
cardboard in the way it responds to these removal activities. It can 
simply collapse and tear into smaller pieces, rather than snap, as A/C 
pipe in good condition is known to do. Each pipe section is removed, 
wrapped in plastic, and placed on a truck labelled according to 
regulations for asbestos waste disposal. This process of snap cutting 
and removal is repeated for the entire length of A/C pipe to be 
replaced.
    No AWPs for the replacement of A/C pipes have yet been approved.

III. Alternative Work Practice Request

A. What is the close tolerance pipe slurrification technique for A/C 
pipe replacement?

    The EPA received a request from Trenchless Consulting, LLC, in July 
2017, for approval of an AWP, known as the ``Close Tolerance Pipe 
Slurrification'' (CTPS) method, for the removal and replacement of A/C 
pipes. This is one of two AWPs requested. The second one, which 
involves a technique commonly known as ``pipe bursting'' is still under 
consideration. We are not discussing ``pipe bursting'' in this Federal 
Register document and no decision has been made on whether or not to 
propose approval of ``pipe bursting'' as an AWP.
    Documentation for CTPS is found in the Docket, and includes 
photographs and video of the CTPS process demonstration on clay 
pipe,\11\ schematics of the process, and descriptions of the process. 
The CTPS method uses an equipment train to deliver drilling fluids and 
clays in suspension through a pipe in the center of the train. The 
equipment train uses a cutting head which grinds the underground A/C 
pipe to a fine grain while the fluids maintain the adequately wet 
requirements of 40 CFR 61.145 and entrain the finely ground pipe 
fragments in a slurry. During this process, the slurry mixes with the 
drilling fluids to create a homogenous \12\ wet cementitious material, 
which is removed from the underground pipe path at vertical access 
points (i.e., manholes, trenches, other vertical access cuts). These 
vertical access points are sheathed with a nonpermeable lining, such as 
plastic, at the beginning and end of the run of pipe being replaced. 
The cementitious slurry hardens into a nonfriable A/C after 48-56 
hours. The proposed CTPS AWP employs dust suppression using amended 
water at all vertical access points to maintain the no VE and 
adequately wet requirements of the Asbestos NESHAP, as required by 40 
CFR 61.145 and 40 CFR 61.150.
---------------------------------------------------------------------------

    \11\ According to the demonstration of the CTPS process by 
Portland Utilities, clay pipe is pulverized and slurrifies similarly 
to A/C pipe when subjected to the CTPS process.
    \12\ A homogenous mixture is one in which the components are 
uniformly distributed throughout the mixture.
---------------------------------------------------------------------------

    The EPA is proposing to consider the slurry that is formed by the 
CTPS AWP for A/C pipe to be nonfriable once hardened. This is important 
because the typical A/C pipe that is replaced is usually friable in 
many places and in poor condition. The proposed CTPS AWP converts all 
the ACM of the A/C pipe into a nonfriable material which is disposed of 
in a landfill permitted to receive ACWM. A skim coat of the nonfriable 
cementitious ACM remains on the outer rim of the new pipe.
    Because disposal takes place before the slurry hardens, and the 
test to determine friability takes place after the slurry hardens, the 
slurry must be sealed in containment at disposal (rather than disposed 
openly pending the outcome of the test). Although the Asbestos NESHAP 
does not require containment of nonfriable ACM, this AWP must ensure 
the ACWM is contained because the test indicating the ACWM is 
nonfriable would not yet have been conducted at the time of disposal 
(the friability test is done on a sample of the material that has cured 
and hardened over a period of 48 to 56 hours).
    In contrast to the Asbestos NESHAP work practices for ACPRPs 
conducted in temperatures below freezing, the CTPS method may only be 
used when temperatures are above 32 [deg]F (0 [deg]C) to prevent 
freezing the slurry, drilling fluids, and/or the amended water needed 
to maintain adequate wetting.

B. What is the EPA's proposed action on the AWP request?

    The EPA believes that the CTPS work practices are ``consistent with 
the EPA's intent to distinguish between material that could release 
significant amounts of asbestos fibers during demolition and renovation 
operations and those that would not, and to prevent significant 
emissions of asbestos fibers to the atmosphere.'' (see 55 FR 48408, 
November 20, 1990 Asbestos NESHAP final notice, in our statements in 
response to comments on friable vs. nonfriable materials). The EPA is 
proposing that, for the following five reasons, CTPS is at least 
equivalent to

[[Page 18048]]

the Asbestos NESHAP process for A/C pipe removal.
    First, this technique of replacement only exposes a small portion 
of the A/C pipe, thereby preventing significant emissions of asbestos 
to the atmosphere, a part of the overall reduction in emissions 
potential. As described in more detail below, the CTPS approach only 
excavates the A/C pipe at predetermined points along the pipe's path. 
Vertical access cuts are made to remove A/C pipe only at the beginning 
and end of the length of pipe to be removed and in designated vertical 
access points to reduce pressure buildup of the slurry. This limited 
excavation reduces the level of exposure to asbestos emissions from the 
A/C pipe remediation project.
    Second, during periods where ACM is exposed, it is in the liquid 
slurry form and is considered adequately wet and, thus, does not become 
airborne, where it could be available for inhalation. The slurry is 
pumped out of these points into an enclosed tank to be taken to a waste 
disposal site approved to receive asbestos.
    Third, the CTPS AWP uses amended water to improve dust suppression 
at all cuts, trenches, and vertical access points where A/C pipe may be 
exposed to the ambient air. The pipe is otherwise not exposed to the 
air.
    Fourth, a skim coat of slurry, which contains ACM and remains on 
the new pipe, is not loose in the soil, but adheres to the surface of 
the new pipe. The skim coat fills the annular space created by the 
close tolerance drill through the ground as it pulls the new pipe 
through. Therefore, it has a structural support preventing the thin 
coating from being crushed, and also is not free to migrate to the 
surface as a result of soil movement, such as frost heaves.\13\ 
Furthermore, the existence of asbestos in the skim coat is noted on the 
utility records so that owners/operators are advised of its presence.
---------------------------------------------------------------------------

    \13\ Frost heaves occur in the top 3 feet of soil, and occur at 
low temperatures when available moisture in the soil freezes, 
expanding, and displaces materials with higher surface area 
(regardless of density) upward due to decreasing pressure. In this 
way, chunks of material of various densities may be moved to the 
surface.
---------------------------------------------------------------------------

    Fifth, once hardened, the skim coat is nonfriable and has 
properties of cement: Similar to light-weight flowable fill (concrete) 
purchased from concrete plants, the skim coat has a strength of 50-150 
pounds per square inch. Once hardened, the skim coat has static 
properties such that it does not settle or compress further. Once the 
skim coat is in place, it can only be removed by force, i.e., using a 
pipe saw or a pipe cutter. Additionally, the skim coat is not subject 
to corrosional forces from inside the pipe. For more information on the 
properties of the skim coat that remains on the pipe, see docket item 
``Skim Coat Properties, email correspondence from Mike Woodcock, 
Portland Utilities Construction, January 2018.''
    The Asbestos NESHAP focuses on asbestos containing materials and 
their decline into friable material. Since the advent of new methods 
which were not available at the time of the last amendment to the rule, 
this may be a procedure whereby friable A/C pipe in poor condition is 
partially remediated back to a nonfriable state, and its properties are 
similar to the properties of other cement products such as flowable 
fill concrete.
    Close tolerance pipe slurrification differs from the conventional 
work practices in which the entire pipe, much of which is in poor 
condition and may be friable, is excavated and exposed, cut into 
numerous 6- to 8-foot transportable sections, sealed in leak-tight 
wrapping, labeled, and transported to an approved asbestos waste 
disposal site. Five A/C pipe replacement guidance documents from state 
and local agencies (from Massachusetts, Maine, Oregon, Utah, and the 
city of Richmond, Virginia) are available in the docket for reference 
on the conventional work practices.
    Consequently, the EPA believes that by following the CTPS AWP, 
adequately wet and no VE protocols, and exposing only small sections of 
A/C pipe to the air, asbestos emissions to the atmosphere are 
minimized, and the AWP would achieve an emission reduction at least 
equivalent to the current Asbestos NESHAP.
    While the Asbestos NESHAP (and associated applicability 
determinations) contemplate and provide direction on a number of 
situations for handling and managing asbestos, the situation whereby 
friable ACM is turned into nonfriable ACM is not one that is 
contemplated under the rule. The EPA is proposing that when the CTPS 
work practices are adhered to as described in this document, and when 
the test for friability confirms that the resulting hardened slurry 
(skim coating) is nonfriable ACM, the resulting material can be 
regulated as nonfriable ACM. Under 40 CFR 61.145(c)(1)(iv) of the 
Asbestos NESHAP, under certain conditions nonfriable ACM need not be 
removed, if they are Category II nonfriable ACM and the probability is 
low that materials will become crumbled, pulverized, or reduced to 
powder during demolition. We are proposing that the nonfriable skim 
coating of ACM left on the outer rim of the new pipe be allowed to also 
remain in place.
    The EPA is proposing that when CTPS is used to remove the 
underground A/C pipe, while maintaining no VE and the adequately wet 
requirements of 40 CFR 61.145 and 40 CFR 61.150(a), removing the old A/
C pipe, converting all A/C pipe to Category II nonfriable ACM, and 
replacing the underground A/C pipe with new pipe, then CTPS is at least 
equivalent, in terms of emission reductions, to the work practices in 
the Asbestos NESHAP as they apply to renovations.
    The Asbestos NESHAP waste disposal requirements include deed 
notations for inactive asbestos waste disposal sites, where ACWM (e.g., 
friable ACM) has been left behind in the ground. The EPA included this 
provision in the Asbestos NESHAP for situations in which manufacturing 
waste had been left behind, sometimes buried on property, and that 
property later was sold for development. Without a deed notation to 
warn potential buyers of its presence, new owners could accidentally 
expose themselves to asbestos (for example, by installing a swimming 
pool, driveway, or digging a basement). The EPA, therefore, added 
requirements for property deed notation when ACWM has been left behind 
in the ground, creating an inactive asbestos waste disposal site.
    The EPA is proposing that the nonfriable ACM resulting from CTPS 
would not be subject to deed notations. However, as is current 
practice, the EPA proposes that owner/operators (e.g., municipality or 
utility) using the CTPS AWP would be required to maintain utility maps 
with the actual location of each ACPRP identified by the 6-digit 
latitude and longitude coordinates of the newly laid line, and that the 
utility maps would note the line as covered by a skim coat of ACM for 
future work.
    The EPA is also proposing that the other requirements in the 
Asbestos NESHAP that apply to renovations, including notification 
requirements found in 40 CFR 61.145(b), would apply to the CTPS AWPs. 
Additionally, the EPA is proposing that the waste handling and disposal 
requirements found in 40 CFR 61.150 and 61.154 would apply to the 
slurry that is removed at the ACPRP.

IV. What are the proposed work practices for A/C pipe replacement?

    The EPA is seeking the public's input on Trenchless Consulting's 
request that the EPA approve the CTPS approach as an AWP under the 
Asbestos NESHAP. We are seeking comments on whether

[[Page 18049]]

the CTPS work practices are equivalent to those in the Asbestos NESHAP, 
including adequate wetting requirements, no VE, notification, 
containment, labeling, waste handling, waste transportation, and 
disposal of ACWM. The materials supporting the request for this 
approval are available in the Docket and include industry descriptions 
of the CTPS work practice and processes, the process patent, records of 
the EPA's communication with the industry requestors, and the EPA's 
observations of the methods conducted on PVC and clay sewer pipe.
    Based upon our initial review of the proposed AWP request, the 
demonstrations of the work practice, and written materials including 
equipment, materials, slurry characteristics, testing, and waste 
specifications, we propose that, by complying with the following list 
of requirements, this proposed AWP will achieve emission reductions at 
least equivalent to emission reductions achieved under 40 CFR 61.145, 
40 CFR 61.150, and 40 CFR 61.154, as required by the applicable 
Asbestos NESHAP, provided that adequate wetting accompanies all 
vertical access points, access trenches, and manholes to prevent VE, 
and that the A/C cementitious material resulting from this process is 
properly handled and contained during and after removal and properly 
disposed of as required by the Asbestos NESHAP.
    The patent related to this process, ``Method of Replacing an 
Underground Pipe Section,'' is available from the U.S. Patent Office, 
patent number US8,641,326B2; February 4, 2014, and a copy is available 
in the docket. That patent deals with the replacement of low-pressure 
sewer pipes and indicates some parameters that may be different from 
the work practices in this notice, depending on the soil composition, 
depth of pipe, and serviceable use of the pipe (e.g., a low-pressure 
sewer, waste water, or fresh water pipe). While this patented process 
is one used by the company requesting approval of this AWP, an owner/
operator would not have to license the patent and could choose 
different equipment in order to follow the work practices of this 
notice.

A. What is the proposed CTPS AWP?

    The proposed CTPS AWP is as follows:
1. Vertical Access Points
    Vertical access points (e.g., manholes, trenches) are made at 
designated intervals along the length of pipe replacement. The distance 
between vertical access points is a function of the soil type, pipe 
size, pneumatic pressure on the CTPS head, and frictional drag on the 
line; and is determined for each project on a case-by-case basis by the 
owner/operator. Incorrect estimation of the vertical access point 
locations may result in a malfunction. The owner/operator must not 
disturb A/C pipe during the digging out of these access points. Water 
and suction should be used to uncover as much of the A/C pipe as is 
needed to begin the CTPS process.
2. Removal of Pipe at Terminals and Vertical Access Points
    At the starting and terminal points, and at designated intervals 
along the length of pipe replacement, sections of pipe are cut and 
removed at the vertical access points (i.e., manholes, trenches). The 
owner/operator must handle all sections of A/C pipe in accordance with 
40 CFR 61.145 and 40 CFR 61.150 of the Asbestos NESHAP.
3. CTPS Equipment Train
    The CTPS technique should use a drilling head train with a slightly 
larger diameter than the pipe being replaced. This technology must use 
a heavy duty four-stage cutting and wetting train, made of hardened 
carbon steel, which is able to be fed directly around the pipe to be 
replaced. The cutting head must be drawn around the existing pipe and 
must be capable of grinding the old A/C pipe to a fine powder using a 
liquid delivery system as described in section IV.A.4 of this preamble. 
The process must return the A/C pipe to a cementitious slurry that is a 
homogenous mixture and stays adequately wet through disposal according 
to the requirements of 40 CFR 61.145. The owner/operator must ensure 
that the CTPS train pulls the replacement pipe behind it, and that no 
ACM contacts the inside of the new pipe.
4. Liquid Delivery
    The horizontal drilling train must be equipped with ports to 
deliver liquid materials to the drilling head. Drilling fluids and 
bentonite clay should also be delivered through these ports to reduce 
frictional drag on the line, and to lubricate the interface along the 
soil to pipe line.
5. Trackable Pipeline
    The owner/operator would be required to ensure that the new 
pipeline is trackable by steel cable (or other durable trackable 
material) laid with the new pipe.
6. Slurry Characteristics
    The owner/operator would be required to ensure that no visible 
emissions are discharged to the air from the slurry, and that the 
slurry is a homogenous mixture comprised of finely ground A/C pipe, 
drilling fluids, bentonite clay, and other materials suspended in 
solution that, when cured (a period of 48-56 hours), re-hardens so that 
it meets the sample friability test in section IV.D.2 of this preamble. 
The slurry must meet the no visible emissions requirements of 40 CFR 
61.145 and 61.150.
7. Slurry Removal, Containment, Transportation, and Disposal
    The A/C pipe slurry is removed at vertical access points using a 
vacuum attached to a tank (e.g., vacuum truck). The owner/operator 
would be required to ensure that the slurry remains in an adequately 
wet state during the slurrification process and remains in containment 
throughout the removal, transportation, and disposal processes, meeting 
the requirements of 40 CFR 61.145 and 40 CFR 61.150. The slurry must be 
contained and in slurry form at the time of disposal in a landfill 
permitted to accept ACWM and meeting the requirements of 40 CFR 61.154. 
The slurry must be managed at the disposal site using procedures 
meeting the requirements of 40 CFR 61.154.
8. Adequate Wetting With No VE
    Any opening to the atmosphere along the pipe is a potential source 
of asbestos emissions to the outside (ambient) air. The owner/operator 
would be required to ensure that dust suppression equipment (i.e., dust 
suppression apparatus or manual misting) using amended water is placed 
at each vertical access point. If a new trench is dug to resolve a 
malfunction, the owner/operator would be required to ensure that the 
new trench is equipped with dust suppression and follow the procedure 
in paragraphs (1) and (2) above. Amended water is water to which 
surfactant chemicals (wetting agents) have been added to reduce the 
surface tension of the water.

B. What notification requirements would apply?

    If an underground ACPRP meets the applicability and threshold 
requirements under the NESHAP, then the EPA (or the delegated agency) 
must be notified in advance of the replacement in accordance with the 
requirements of the Asbestos NESHAP at 40 CFR 61.145(b). See 40 CFR 
61.145 for more information on the notification requirements.

[[Page 18050]]

C. What inspection, operation, and maintenance requirements would 
apply?

1. Inspection
    Prior to using the CTPS for an ACPRP, the owner/operator would 
conduct underground pipe inspections (e.g., by using remote 
technologies like robotic cameras) and shall identify, locate, and mark 
onto an underground utility map of the area all identified potential 
areas of malfunctions, such as changes in pipe type, drops in the line, 
broken and off-center points, and changes in soil type.
2. Operation and Maintenance
    The owner/operator of a CTPS method system is required to install, 
operate, and maintain the drilling head train, CTPS liquid delivery 
system, and all equipment used to deliver adequate wetting at all 
vertical access points and cut lengths of pipe in accordance with their 
written standard operating procedures. The records must be kept in 
accordance with section IV.F.1 of this preamble.

D. What sampling, testing, and utility map notation requirements would 
apply?

1. Sample Collection
    After the slurry has been pumped from the vertical access points, 
but before disposal, the owner/operator of a CTPS method system is 
required to collect a 2-inch roughly spherical wet sample of the 
slurry. A single sample must be collected for each project discharging 
to a single enclosed tank. The owner/operator would be required to seal 
the sample in leak-tight wrapping and allow the sample to harden and 
dry (usually 48-56 hours).
2. Sample Friability Test and Certification
    When the sample is hardened and dry, the owner/operator would be 
required to attempt to crush the sample by hand. The sample that cannot 
be crumbled, pulverized, or reduced to powder by hand pressure is 
nonfriable, and the remaining slurry from that pipe replacement job is 
likewise nonfriable. After testing, the owner/operator would be 
required to ensure that the sample is packaged in leak-tight wrapping 
for storage, labeled ``Asbestos Containing Material. Do not break or 
damage this sealed package,'' dated according to the ACPRP date of 
generation, stored in a secure location that is inaccessible to the 
general public (such as a locked storage unit), and is maintained by 
the owner/operator for a period of 2 years. After this 2-year retention 
period, the sample may be disposed of in a landfill permitted to accept 
ACWM.
    a. If the sample cannot be crushed, crumbled, or reduced to powder 
by hand pressure, the owner/operator would be required to certify this 
as follows: ``The hardened slurry sample from the ACPRP conducted on 
(date) at (location) could not be crushed, crumbled, or reduced to 
powder by hand pressure. I am aware it is unlawful to knowingly submit 
incomplete, false, and/or misleading information and there are 
significant criminal penalties for such unlawful conduct, including the 
possibility of fine and imprisonment.'' The owner/operator would be 
required to maintain a signed certificate of this statement so that it 
is available to the EPA Administrator, local, and state agency 
officials upon demand.
    b. If the sample can be crushed, crumbled, or reduced to powder by 
hand pressure, the owner/operator would be required to follow the 
malfunction reporting requirements in IV.F. 2 below.
3. Utility Map Notations
    Owner/operators would be required to note utility maps according to 
the actual location identified by the 6-digit latitude and longitude 
coordinates of the newly laid line. Notations would have to be 
maintained for the life of the new pipe by the owner/operator (e.g., 
municipality or utility), and would have to be labeled as covered by a 
skim coat of ACM for future work.

E. What labeling and transportation requirements would apply?

    Because all A/C pipe being replaced using the CTPS technique is 
converted to a nonfriable state during the replacement, it would be 
categorized as Category II ACM and would need to be labeled and 
transported in accordance with the corresponding requirements of 40 CFR 
61.145 and 40 CFR 61.150 in the Asbestos NESHAP.

F. What recordkeeping and reporting requirements would apply?

    1. The owner/operator would be required to record and maintain for 
a period of 2 years the following data:
    a. Date(s) from beginning to end of each ACPRP;
    b. Location(s) of the A/C pipe(s) replaced using CTPS, identified 
by 6-digit latitudinal and longitudinal coordinates for each ACPRP;
    c. Diameter and length of A/C pipe replaced at the ACPRP;
    d. Total amount of slurry generated at the ACPRP;
    e. Total amount of slurry disposed by the owner/operator from the 
ACPRP;
    f. Slurry disposal site;
    g. Manifest of ACM slurry disposal; and
    h. Malfunction records (if applicable).
    i. Records of VE events and their duration (including the time and 
date stamp) of any VE event;
    ii. Records of when and how each VE event was resolved. Indicate 
the date and time for each VE period, whether the VE event occurred at 
an exposed manhole, trench, or other vertical access point, and the 
number of openings to the ambient air affected;
    iii. Procedure used to resolve each VE event; and
    iv. Results of each sample friability test that indicates the 
slurry is friable, as required by IV.D.1 and 2 above.
    i. Records of the standard operation procedures for the 
installation, operation, and maintenance of the drilling head train, 
CTPS liquid delivery system, and all equipment used to deliver adequate 
wetting at all vertical access points and cut lengths of pipe.
    2. Each owner/operator is required to submit the following reports 
to the Administrator after each occurrence, as follows:
    a. Malfunction Report. The malfunction report must include the 
records in section IV.F.1.h.i.-iv of this preamble. The malfunction 
report must be submitted as soon as practical after the occurrence, but 
in no case later than 30 days.
    b. ACPRP Report. The ACPRP report must be submitted to the Asbestos 
NESHAP program office within the EPA Regional office in which the ACPRP 
is located. The report may be submitted electronically when the means 
to do so are available. The EPA Regional office may, at their 
discretion, waive this requirement and delegate this reporting to the 
state and municipality. If the EPA Regional office has waived the 
reporting, and if the state or municipality is unable to receive 
electronic reports, then only a hard copy is required to be submitted. 
These reports must be postmarked or electronically submitted within 30 
calendar days of completion of the ACPRP.

V. Request for Comments

    We solicit comments on all aspects of this request for approval of 
CTPS as an AWP for the work practice standards specified in 40 CFR part 
61, subpart M, the Asbestos NESHAP. We specifically seek comments 
regarding whether the AWPs, as described in section IV above, will 
achieve emission reductions at least equivalent to the work practices 
in the

[[Page 18051]]

Asbestos NESHAP at 40 CFR 61.145 and 40 CFR 61.150.

    Dated: April 18, 2018.
Panagiotis Tsirigotis,
Director, Office of Air Quality Planning and Standards.
[FR Doc. 2018-08574 Filed 4-24-18; 8:45 am]
 BILLING CODE 6560-50-P

18042 Federal Register / Vol. 83, No. 80 / Wednesday, April 25, 2018 / Notices manned location where the video indicate which high-pressure stages technology and work practices camera images may be viewed at any were in use. developed for removal and replacement time. (iv) Records of when the pressure of asbestos cement (A/C) pipe. In this (4) For the MPGF and the Chalmette monitor(s) on the main flare header action, the Environmental Protection elevated multi-point flare, the operator show the flare burners are operating Agency (EPA) is soliciting comment on of a flare system shall install and outside the range of tested conditions or all aspects of this request for an AWP operate pressure monitor(s) on the main outside the range of the manufacturer’s that, in order to be approved, should be flare header, as well as a valve position specifications. Indicate the date and at least environmentally equivalent to indicator monitoring system capable of time for each period, the pressure the existing work practices in the monitoring and recording the position measurement, the stage(s) and number National Emission Standards for for each staging valve to ensure that the of flare burners affected, and the range Hazardous Air Pollutants for Asbestos flare operates within the range of tested of tested conditions or manufacturer’s (Asbestos NESHAP), which applies to conditions or within the range of the specifications. the removal and replacement of A/C manufacturer’s specifications. The (v) Records of when the staging valve pipe. pressure monitor shall meet the position indicator monitoring system DATES: requirements in Table 4. Maintenance indicates a stage of the flare should not Comments. The EPA must receive periods, instrument adjustments or be in operation and is or when a stage written comments on or before June 25, checks to maintain precision and of the flare should be in operation and 2018. accuracy, and zero and span is not. Indicate the date and time for Public Hearing. If a public hearing is adjustments may not exceed 5 percent each period, whether the stage was requested by April 30, 2018, then we of the time the flare is receiving supposed to be open, but was closed, or will hold a public hearing on May 10, regulated material. vice versa, and the stage(s) and number 2018 at the EPA William Jefferson (5) Recordkeeping Requirements of flare burners affected. Clinton (WJC) East Building, 1201 (a) All data must be recorded and IV. Request for Comments Constitution Avenue NW, Washington, maintained for a minimum of 3 years or DC 20004. If a public hearing is for as long as required under applicable We solicit comments on all aspects of requested, then we will provide rule subpart(s), whichever is longer. ExxonMobil’s, Marathon’s, Blanchard’s, additional details about the public (6) Reporting Requirements Chalmette’s, and LACC’s requests for hearing on our website at https:// (a) The information specified in approval of an AMEL for flares to be www.epa.gov/stationary-sources-air- section III (6)(b) and (c) below must be used to comply with the standards pollution/asbestos-national-emission- reported in the timeline specified by the specified in Table 1. We specifically standards-hazardous-air-pollutants. To applicable rule subpart(s) for which the seek comment regarding whether or not request a hearing, to register to speak at flare will control emissions. the alternative operating requirements a hearing, or to inquire if a hearing will (b) Owners or operators shall include listed in section III above will achieve be held, please contact Aimee St. Clair the final AMEL operating requirements emission reductions at least equivalent at (919) 541–1063 or by email at for each flare in their initial Notification to emissions being controlled by flares stclair.aimee@epa.gov. The EPA does of Compliance status report. complying with the applicable flare not intend to publish any future notices (c) The owner or operator shall notify requirements in 40 CFR 60.18(b), in the Federal Register regarding a the Administrator of periods of excess 63.11(b), and/or 63.670. public hearing on this proposed action emissions in their Periodic Reports. The Dated: April 18, 2018. and directs all inquiries regarding a notification shall include: Panagiotis Tsirigotis, hearing to the website and contact (i) Records of each 15-minute block Director, Office of Air Quality Planning and person identified above. The last day to for all flares during which there was at Standards. pre-register in advance to speak at the least 1 minute when regulated material [FR Doc. 2018–08575 Filed 4–24–18; 8:45 am] public hearing will be May 8, 2018. was routed to the flare and a complete BILLING CODE 6560–50–P ADDRESSES: Comments. Submit your loss of pilot flame on a stage of burners comments, identified by Docket ID No. occurred, and for all flares, records of EPA–HQ–OAR–2017–0427, at http:// each 15-minute block during which ENVIRONMENTAL PROTECTION www.regulations.gov. Follow the online there was at least 1 minute when AGENCY instructions for submitting comments. regulated material was routed to the Once submitted, comments cannot be [EPA–HQ–OAR–2017–0427; FRL–9975–48– flare and a complete loss of pilot flame OAR] edited or removed from Regulations.gov. on an individual burner occurred. Regulations.gov is our preferred method (ii) Records of visible emissions RIN 2060–AT73 of receiving comments. However, other events (including the time and date submission formats are accepted. To stamp) that exceed more than 5 minutes National Emission Standards for ship or send mail via the United States in any 2-hour consecutive period. Hazardous Air Pollutants for Asbestos: Postal Service, use the following (iii) Records of each 15-minute block Request for Approval of an Alternative address: U.S. Environmental Protection period for which an applicable Work Practice for Asbestos Cement Agency, EPA Docket Center, Docket ID combustion zone operating limit (i.e., Pipe Replacement No. EPA–HQ–OAR–2017–0427, Mail NHVcz or LFLcz) is not met for the flare AGENCY: Environmental Protection Code 28221T, 1200 Pennsylvania when regulated material is being Avenue NW, Washington, DC 20460. sradovich on DSK3GMQ082PROD with NOTICES Agency (EPA). combusted in the flare. Indicate the date ACTION: Notification of request for Use the following Docket Center address and time for each period, the NHVcz comments. if you are using express mail, and/or LFLcz operating parameter for the commercial delivery, hand delivery, or period, the type of monitoring system SUMMARY: This action provides public courier. EPA Docket Center, WJC West used to determine compliance with the notice and solicits comment on an Building, Room 3334, 1301 Constitution operating parameters (e.g., gas alternative work practice (AWP) request Avenue NW, Washington, DC 20004. chromatograph or calorimeter), and also under the Clean Air Act, to use new Delivery verification signatures will be VerDate Sep<11>2014 19:12 Apr 24, 2018 Jkt 244001 PO 00000 Frm 00050 Fmt 4703 Sfmt 4703 E:\FR\FM\25APN1.SGM 25APN1

Federal Register / Vol. 83, No. 80 / Wednesday, April 25, 2018 / Notices 18043 available only during regular business issued by a noncompliant state, you whose disclosure is restricted by statute. hours. must present an additional form of Do not submit information that you Do not submit electronically any identification to enter a federal facility. consider to be CBI or otherwise information you consider to be Acceptable alternative forms of protected through http:// confidential business information (CBI) identification include: Federal www.regulations.gov or email. This type or other information whose disclosure is employee badge, passports, enhanced of information should be submitted by restricted by statute. Send or deliver driver’s licenses, and military mail (see ADDRESSES section of this information identified as CBI only to the identification cards. Additional preamble for correct mailing address). following address. OAQPS Document information on the Real ID Act is The http://www.regulations.gov website Control Officer (C404–02), Office of Air available at https://www.dhs.gov/real- is an ‘‘anonymous access’’ system, Quality Planning and Standards, id-frequently-asked-questions. In which means the EPA will not know Environmental Protection Agency, addition, you will need to obtain a your identity or contact information Research Triangle Park, North Carolina property pass for any personal unless you provide it in the body of 27711, Attention Docket ID No. EPA– belongings you bring with you. Upon your comment. If you send an email HQ–OAR–2017–0427. leaving the building, you will be comment directly to the EPA without The EPA may publish any comment required to return this property pass to going through http:// received to its public docket. the security desk. No large signs will be www.regulations.gov, your email Multimedia submissions (audio, video, allowed in the building, cameras may address will be automatically captured etc.) must be accompanied by a written only be used outside of the building, and included as part of the comment comment. The written comment is and demonstrations will not be allowed that is placed in the public docket and considered the official comment and on federal property for security reasons. made available on the internet. If you should include discussion of all points FOR FURTHER INFORMATION CONTACT: For submit an electronic comment, the EPA you wish to make. The EPA will questions about this action, contact Ms. recommends that you include your generally not consider comments or Susan Fairchild, Sector Policies and name and other contact information in comment contents located outside of the Programs Division (D–243–04), Office of the body of your comment and with any primary submission (i.e., on the Web, Air Quality Planning and Standards disk or CD–ROM you submit. If the EPA (OAQPS), U.S. Environmental cannot read your comment due to cloud, or other file sharing system). For Protection Agency, Research Triangle technical difficulties and cannot contact additional submission methods, the full Park, North Carolina 27711; telephone you for clarification, the EPA may not EPA public comment policy, number: (919) 541–5167; fax number: be able to consider your comment. information about CBI or multimedia (919) 541–4991; and email address: Electronic files should not include submissions, and general guidance on special characters or any form of making effective comments, please visit fairchild.susan@epa.gov. encryption and be free of any defects or https://www.epa.gov/dockets/where- SUPPLEMENTARY INFORMATION: viruses. For additional information send-comments-epa-dockets. Docket. The EPA has established a about the EPA’s public docket, visit the Public Hearing. If a public hearing is docket for this rulemaking under Docket EPA Docket Center homepage at http:// requested, it will be held at EPA ID No. EPA–HQ–OAR–2017–0427. All www.epa.gov/dockets. Headquarters, EPA WJC East Building, documents in the docket are listed in Submitting CBI. Do not submit 1201 Constitution Avenue NW, the Regulations.gov index. Although information containing CBI to the EPA Washington, DC 20004. If a public listed in the index, some information is through http://www.regulations.gov or hearing is requested, then we will not publicly available, e.g., CBI or other email. Clearly mark the part or all of the provide details about the public hearing information whose disclosure is information that you claim to be CBI. on our website at: https://www.epa.gov/ restricted by statute. Certain other For CBI information in a disk or CD– stationary-sources-air-pollution/ material, such as copyrighted material, ROM that you mail to the EPA, mark the asbestos-national-emission-standards- is not placed on the internet and will be outside of the disk or CD–ROM as CBI hazardous-air-pollutants. The EPA does publicly available only in hard copy. and then identify electronically within not intend to publish another document Publicly available docket materials are the disk or CD–ROM the specific in the Federal Register announcing any available either electronically in information that is claimed as CBI. In updates on the request for a public Regulations.gov or in hard copy at the addition to one complete version of the hearing. Please contact Aimee St. Clair EPA Docket Center, Room 3334, EPA comments that includes information at (919) 541–1063 or by email at WJC West Building, 1301 Constitution claimed as CBI, you must submit a copy StClair.Aimee@epa.gov to request a Avenue NW, Washington, DC. The of the comments that does not contain public hearing, to register to speak at the Public Reading Room is open from 8:30 the information claimed as CBI for public hearing, or to inquire as to a.m. to 4:30 p.m., Monday through inclusion in the public docket. If you whether a public hearing will be held. Friday, excluding legal holidays. The submit a CD–ROM or disk that does not The EPA will make every effort to telephone number for the Public contain CBI, mark the outside of the accommodate all speakers who arrive Reading Room is (202) 566–1744, and disk or CD–ROM clearly that it does not and register. If a hearing is held at a U.S. the telephone number for the EPA contain CBI. Information not marked as government facility, individuals Docket Center is (202) 566–1742. CBI will be included in the public planning to attend should be prepared Instructions. Direct your comments to docket and the EPA’s electronic public to show a current, valid state- or federal- Docket ID No. EPA–HQ–OAR–2017– docket without prior notice. Information approved picture identification to the 0427. The EPA’s policy is that all sradovich on DSK3GMQ082PROD with NOTICES so marked will not be disclosed except security staff in order to gain access to comments received will be included in in accordance with procedures set forth the meeting room. An expired form of the public docket without change and in 40 Code of Federal Regulations (CFR) identification will not be permitted. may be made available online at http:// part 2. Please note that the Real ID Act, passed www.regulations.gov, including any Acronyms and Abbreviations. We use by Congress in 2005, established new personal information provided, unless multiple acronyms and terms in this requirements for entering federal the comment includes information notice. While this list may not be facilities. If your driver’s license is claimed to be CBI or other information exhaustive, to ease the reading of this VerDate Sep<11>2014 19:12 Apr 24, 2018 Jkt 244001 PO 00000 Frm 00051 Fmt 4703 Sfmt 4703 E:\FR\FM\25APN1.SGM 25APN1

18044 Federal Register / Vol. 83, No. 80 / Wednesday, April 25, 2018 / Notices notice and for reference purposes, the Organization of This Document. The IV. What are the proposed work practices for EPA defines the following terms and information in this notice is organized A/C pipe replacement? acronyms here: as follows: A. What is the proposed CTPS AWP? B. What notification requirements would A/C asbestos cement I. General Information ACM asbestos-containing material A. Does this action apply to me? apply? ACPRP asbestos cement pipe replacement B. How do I obtain a copy of this document C. What inspection, operation, and project and other related information? maintenance requirements would apply? ACWM asbestos-containing waste material II. Background Information D. What sampling, testing, and utility map ASTM American Society for Testing and A. Why are asbestos cement pipes being notation requirements would apply? Materials replaced? E. What labeling and transportation AWP alternative work practice B. What is the Asbestos NESHAP? requirements would apply? CBI confidential business information C. How is an alternative work practice F. What recordkeeping and reporting CFR Code of Federal Regulations approved? requirements would apply? CTPS close tolerance pipe slurrification D. How do the Asbestos NESHAP EPA Environmental Protection Agency requirements apply to replacement of V. Request for Comments NESHAP national emission standards for A/C pipe? I. General Information hazardous air pollutants E. What techniques are approved for OAQPS Office of Air Quality Planning and removal and replacement of A/C pipes? A. Does this action apply to me? Standards III. Alternative Work Practice Request PVC polyvinyl chloride A. What is the close tolerance pipe Categories and entities potentially RACM regulated asbestos-containing slurrification technique for A/C pipe affected by this reconsideration action material, as defined in 40 CFR 61.141 replacement? VE visible emissions, as defined in 40 CFR B. What is the EPA’s proposed action on include those listed in Table 1 of this 61.141 the AWP request? preamble. TABLE 1—NESHAP AND INDUSTRIAL SOURCE CATEGORIES AFFECTED BY THIS PROPOSED ACTION NESHAP and source category NAICS 1 code Water treatment plants .................................................................................................................................................................... 221310 Distribution line, sewer and water, construction, rehabilitation, and repair .................................................................................... 237110 Sewer main, pipe and connection, construction, rehabilitation, and repair .................................................................................... 237110 Storm sewer construction, rehabilitation, and repair ....................................................................................................................... 237110 Irrigation systems construction, rehabilitation, and repair ............................................................................................................... 237110 Water main and line construction, rehabilitation, and repair ........................................................................................................... 237110 Pipeline rehabilitation contractors .................................................................................................................................................... 237120 Horizontal drilling (e.g., underground cable, pipeline, sewer installation) ....................................................................................... 237990 Pipe fitting contractors ..................................................................................................................................................................... 238220 Power, communication and pipeline right-of-way clearance (except maintenance) ....................................................................... 238910 Pipeline transportation (except crude oil, natural gas, refined petroleum products) ...................................................................... 486990 Pipeline terminal facilities, independently operated ........................................................................................................................ 488999 Pipeline inspection (i.e., visual) services ......................................................................................................................................... 541990 Asbestos removal contractors ......................................................................................................................................................... 562910 Asbestos abatement services .......................................................................................................................................................... 562910 1 North American Industry Classification System. This table is not intended to be internet. The EPA will post a copy of made of various components, such as exhaustive, but rather provides a guide this proposed action at https:// clay, iron, polyvinyl chloride (PVC), for readers regarding entities likely to be www.epa.gov/stationary-sources-air- concrete, and A/C. These A/C pipes are affected by this proposed action. To pollution/asbestos-national-emission- potentially subject to regulation under determine whether your A/C pipe standards-hazardous-air-pollutants the Asbestos NESHAP when replaced. replacement project (ACPRP) would be following official Agency signature. When A/C pipes age, the cementitious affected by this proposed action, you Following publication in the Federal bonds in the pipe matrix weaken, should examine the applicability Register, the EPA will post the Federal primarily due to the pH of the water, criteria in the Asbestos NESHAP (40 Register version and key technical particulate in suspension, acidic gases CFR part 61, subpart M). If you have any documents on this same website. in sewage, and the scrubbing effect of questions regarding the applicability of II. Background Information sandy soil caused by movement, such as any aspect of this proposed action, tidal changes against the outside of the please contact the person listed in the A. Why are asbestos cement pipes being pipe (e.g., in coastal environments). preceding FOR FURTHER INFORMATION replaced? These mechanisms degrade both the CONTACT section of this preamble. Drinking water, waste water, and outside and the inside of the pipes, storm water are handled by a system of causing them to become compromised B. How do I obtain a copy of this pipes which deliver water to residences, and to leak. document and other related Once pipes begin to leak, the sradovich on DSK3GMQ082PROD with NOTICES information? commercial, institutional, and industrial users; transfer waste water from users to environment can be harmed in several The docket number for this proposed wastewater treatment plants; and carry ways. Leaking waste water pipes can action regarding the Asbestos NESHAP untreated storm water to streams and pollute nearby waterways, such as is Docket ID No. EPA–HQ–OAR–2017– lakes. As the infrastructure of oceans, rivers, and lakes. Compromised 0427. In addition to being available in municipalities age, utilities serving the storm water pipes can allow excess the docket, an electronic copy of this population need to replace deteriorated ground water, produced during high document will also be available on the water pipes. Existing water pipes can be volume storm events, to seep into the VerDate Sep<11>2014 19:12 Apr 24, 2018 Jkt 244001 PO 00000 Frm 00052 Fmt 4703 Sfmt 4703 E:\FR\FM\25APN1.SGM 25APN1

Federal Register / Vol. 83, No. 80 / Wednesday, April 25, 2018 / Notices 18045 pipe through cracks. This influx of content must be verified by point under 40 CFR 61.12(d) whether an AWP ground water (or ‘‘infiltration’’) can counting using PLM. will achieve a reduction in emissions of create a significant increase in the In the preamble to the 1990 Asbestos asbestos fibers at least equivalent to the volume of waste water arriving at waste NESHAP amendments (55 FR 48406, reduction achieved under the Asbestos water treatment plants. If treatment November 20, 1990), the EPA stated in NESHAP work practices, the EPA will plants become overburdened, waste response to comments on the definition evaluate whether the AWP minimizes water may be forced to be routed to the of ‘‘friable’’ as it applied to the the release of asbestos fibers to the nearest waterway without being demolition and renovation of ACM, that atmosphere. properly treated, leading to increased the EPA’s intention was to distinguish waterway contamination. Compromised between materials that would readily C. How is an alternative work practice drinking water pipes waste valuable release asbestos fibers when damaged or approved? finished water, which can leak out of disturbed and those materials that were the degraded pipes into surrounding unlikely to result in the release of The 40 CFR part 61 General soils. Water pipes carrying finished significant amounts of asbestos fibers. Provisions explain under what water have been known to rupture due The Asbestos NESHAP test to determine circumstances the EPA may approve an to a combination of degradation and a if ACM is friable is to attempt to crush alternative means of emission high-pressure load, also known as a the dry material by hand. If the dry limitation. At 40 CFR 61.12(d)(1) and water main break. ACM can be crumbled, pulverized, or (2), the General Provisions require that Because existing water pipes of all crushed to powder by hand pressure, it the alternative means of emission types run beneath and beside major is friable, and is regulated under the limitation must achieve a reduction in roadways, beneath buildings, and Asbestos NESHAP. emissions at least equivalent to the overlap other utilities (e.g., gas, Asbestos-contaminated material reduction achieved by the work electricity, cable), their replacement can regulated under the Asbestos NESHAP practices required under the existing potentially be problematic, especially in is termed regulated asbestos-containing standard, and that the Federal Register high density residential, industrial, and material (RACM). RACM is defined in document permitting the use of the urban areas. Even replacement in 40 CFR 61.141 of the Asbestos NESHAP alternative be published only after suburban and rural areas can require and includes: (1) Friable 1 ACM; (2) notice and an opportunity for a hearing. careful navigation beneath roadways Category I nonfriable ACM 2 that has Additionally, the Asbestos NESHAP and other major structures. become friable; (3) Category I nonfriable itself contains specific provisions under ACM that has been or will be sanded, B. What is the Asbestos NESHAP? ground, cut, or abraded; or (4) Category which the EPA may receive applications The Asbestos NESHAP is a set of II nonfriable ACM 3 that has already for prior written approval of an work practice standards designed to been or is likely to become crumbled, alternative emission control and waste minimize the release of asbestos, pulverized, or reduced to powder by the treatment method. For example, 40 CFR prescribed for the handling, processing, forces acting upon it. If the regulatory 61.150(a)(4) authorizes ‘‘[u]se [of] an and disposal of asbestos-containing threshold for RACM 4 is met or alternative emission control and waste materials (ACM). The purpose of these exceeded in a renovation operation, treatment method that has received work practices is to minimize the then all friable ACM in the operation, prior approval by the Administrator release of asbestos into the environment. and in certain situations, nonfriable according to the procedure described in Asbestos is a known human ACM in the operation, are subject to the 40 CFR 61.149(c)(2).’’ As required by 40 carcinogen and the primary route of work practice standards of the Asbestos CFR 61.150(a)(4) and 40 CFR exposure is through inhalation of NESHAP. 61.149(c)(2), before approval may be asbestos fibers. The potential for Thus, the purpose of the work granted for an AWP, a written exposure to asbestos fibers is directly practices required for the removal of application must be submitted to the linked to ACM’s potential to become A/C pipe in the Asbestos NESHAP is to Administrator demonstrating that the friable, and, thus, for fibers to become minimize the release of asbestos fibers following criteria are met: (i) The airborne. Certain ACM can readily into the atmosphere, either at the time alternative method will control asbestos release asbestos fibers when they are the material is removed, or at a later emissions equivalent to currently disturbed or damaged. Asbestos fibers date, as a result of friable materials left required methods; (ii) the suitability of can then become entrained into the in the soil. Therefore, in evaluating the alternative method for the intended ambient air where they become application; (iii) the alternative method 1 Friable ACM means any material containing available for inhalation. More will not violate other regulations; and more than 1-percent asbestos as determined using information on the health effects of the method specified in 40 CFR part 763, subpart (iv) the alternative method will not asbestos may be found at https:// E, appendix E, section 1, Polarized Light result in increased water pollution, land www.epa.gov/asbestos/learn-about- Microscopy (PLM), that, when dry, can be pollution, or occupational hazards. asbestos#effects. crumbled, pulverized, or reduced to powder by hand pressure. In order to be approved, the proposed The Asbestos NESHAP defines friable 2 Category I nonfriable ACM means asbestos- AWP must meet all requirements for no asbestos material as any material containing packings, gaskets, resilient floor visible emissions (VE), adequate containing more than 1-percent asbestos covering, and asphalt roofing products containing as determined using the method more than 1-percent asbestos as determined using wetting, waste handling, and disposal specified in 40 CFR part 763, subpart E, PLM. under the Asbestos NESHAP. The EPA sradovich on DSK3GMQ082PROD with NOTICES appendix E, section 1, Polarized Light 3 Category II nonfriable ACM means any material, is proposing that this AWP is equivalent excluding Category I nonfriable ACM, containing Microscopy (PLM), that, when dry, can more than 1-percent asbestos as determined using to the work practice in the Asbestos be crumbled, pulverized, or reduced to PLM, that, when dry, cannot be crumbled, NESHAP: It removes A/C pipe while powder by hand pressure. If the asbestos pulverized, or reduced to powder by hand pressure. replacing it with non-asbestos materials; content is less than 10 percent, as 4 The regulatory threshold for RACM is 260 linear converts friable ACM, and ACM that feet, 160 square feet, or 35 cubic feet (if the amount determined by a method other than of RACM cannot otherwise be measured in linear may become friable when disturbed into point counting by PLM, the asbestos or square feet). nonfriable ACM during the replacement VerDate Sep<11>2014 19:12 Apr 24, 2018 Jkt 244001 PO 00000 Frm 00053 Fmt 4703 Sfmt 4703 E:\FR\FM\25APN1.SGM 25APN1

18046 Federal Register / Vol. 83, No. 80 / Wednesday, April 25, 2018 / Notices process; and uses amended water 5 to out of an operation to avoid coverage by requirements apply to the waste achieve adequate wetting of all ACM. a standard that applies only to handling and disposal. operations larger than a specified size.’’ The work practices in the Asbestos D. How do the Asbestos NESHAP NESHAP that apply to the removal and As we said in addressing this issue in requirements apply to replacement of replacement of A/C pipe include a previous applicability determination,6 A/C pipe? procedures for emission control, the relevant part of that requirement is To the extent A/C pipe is either the part that discusses the prohibition handling of asbestos waste, and asbestos friable ACM or Category II nonfriable on the piecemeal carrying out of an waste disposal. These work practices are ACM that has a high probability of operation to avoid coverage by a discussed in the sections below. becoming or has become crumbled, standard. Therefore, as required by 40 1. Procedures for Emission Control pulverized, or reduced to powder by the CFR 61.145(a)(iii) and (iv), owners or forces expected to act on it during the operators (owner/operator) must predict The principal controls in the Asbestos pipe replacement process, the A/C pipes the combined additive amount of RACM NESHAP for renovations such as pipe meet the RACM definition. If Category to be removed in the course of the replacement operations include II nonfriable A/C pipes do not have a renovation activities (or, in the case of requirements that the RACM be high probability of becoming and have emergency renovations, estimate that adequately wetted to minimize VE not become crumbled, pulverized, or amount) over the calendar year to during pipe replacement operations reduced to powder by the forces determine the applicability of the involving RACM, and that asbestos expected to act on them during the pipe standard to a project. waste be handled, collected, and replacement process, those pipes would The work practices for asbestos disposed of properly. The emission not be regulated as RACM under the control under the Asbestos NESHAP control requirements must meet the Asbestos NESHAP. exist to minimize the release of asbestos standard for no VE. ‘‘Adequately wet’’ For renovations such as a regulated into the ambient air. When a facility means to sufficiently mix or penetrate underground ACPRP, if the total amount component that contains, is covered with liquid to prevent the release of of RACM for the project over the course with, or is coated with RACM is being particulates. If VE are observed coming of a single calendar year to be stripped, removed from a facility 7 as a unit or in from RACM, then that material has not removed, dislodged, cut, drilled, or sections (e.g., a pipeline), the rule been adequately wetted. However, the similarly disturbed during the activity is requires adequate wetting of all RACM absence of VE is not sufficient evidence less than 260 linear feet, the renovation exposed during cutting or disjoining of being adequately wet. Typically, the work practices found in 40 CFR 61.145 operations; and each unit or section to emission controls used to achieve of the NESHAP do not apply, regardless be carefully lowered to the floor and/or adequate wetting include a fine water of the pipe replacement method to be ground level, not dropping, throwing, spray (or a mist).9 The Asbestos used, the type of material (Category I or sliding, or otherwise damaging or NESHAP (40 CFR 61.145(c)(6)) requires II), or its condition (friable versus disturbing the RACM. After a facility that, after removal, the RACM must nonfriable). See 40 CFR 61.145(a)(4). component (e.g., pipeline section) remain adequately wet until collected The waste disposal requirements found containing, covered with, or coated with and contained, or treated in preparation in 40 CFR 61.150 and 61.154 apply to RACM has been taken out of the facility for disposal in accordance with 40 CFR any source regulated under 40 CFR as a unit or in sections pursuant to 61.150. 61.145. paragraph (c)(2), it shall be stripped or The Asbestos NESHAP specifies at 40 It is important to note that projects contained in leak-tight wrapping.8 If CFR 61.150(a)(5) that the asbestos- may not be broken up to avoid stripped, the owner/operator may either containing waste material (ACWM) regulation under the Asbestos NESHAP, adequately wet the RACM during handling requirements do not apply to and the EPA has clarified the stripping; or use a local exhaust Category I nonfriable ACM waste requirements of the Asbestos NESHAP ventilation and collection system (asbestos-containing packings, gaskets, as they relate to a project on several designed and operated to capture the resilient floor covering, and asphalt occasions. In our 1995 Clarification of particulate asbestos material produced roofing products containing more than Intent, we stated the ‘‘EPA considers by the stripping, and this system must 1-percent asbestos) and Category II demolitions planned at the same time or exhibit no VE to the outside air, or be nonfriable ACM waste (any other as part of the same planning or designed and operated in accordance nonfriable ACM containing more than 1- scheduling period to be part of the same with 40 CFR 61.152 (air cleaning). For percent asbestos) that did not become project. In the case of municipalities, a removal of A/C pipe, the owner/ crumbled, pulverized, or reduced to scheduling period is often a calendar operator must ensure that no VE are powder. year or fiscal year or the term of the exhibited during the removal of the A/ 2. Handling of Asbestos Waste contract.’’ See 60 FR 38725 (July 28, C pipe and that all A/C pipe is kept 1995, Footnote 1). As stated in the 40 adequately wet to minimize the release Asbestos containing waste materials CFR part 61 General Provisions, ‘‘No of asbestos emissions, unless one of the from activities regulated by 40 CFR owner or operator shall build, erect, other specific provisions of the Asbestos 61.145 must be handled, collected, and install, or use any article, machine, NESHAP is followed. Additional disposed of in accordance with 40 CFR equipment, process, or method, the use 61.150. No VE may be discharged to the of which would otherwise constitute a 6 Applicability Determination Number A020001. outside air during the collection, August 30, 2002. From George Czerniak, Chief, Air processing, packaging, or transportation violation of an applicable standard. Enforcement and Compliance Assurance Branch, sradovich on DSK3GMQ082PROD with NOTICES Such concealment includes, but is not U.S. EPA Region 5, to Robert Swift. https:// of any ACWM. All ACWM must be kept limited to, the use of gaseous dilutants cfpub.epa.gov/adi/index.cfm? adequately wet and sealed in leak-tight fuseaction=home.dsp_show_file_contents&CFID= to achieve compliance with a VE 27301905&CFTOKEN=85118624&id=A020001. 9 While not required under the Asbestos standard, and the piecemeal carrying 7 See 40 CFR 61.145(c)(2). NESHAP, the EPA recommends the use of 8 For large facility components such as reactor surfactants to amend the water used to keep ACM 5 Amended water is water to which surfactant vessels, large tanks, and steam generators, the adequately wet because these water amendments chemicals (wetting agents) have been added to RACM is not required to be stripped. However, greatly enhance the ability of water to penetrate and reduce the surface tension of the water. other requirements for such components apply. mix with ACM. VerDate Sep<11>2014 19:12 Apr 24, 2018 Jkt 244001 PO 00000 Frm 00054 Fmt 4703 Sfmt 4703 E:\FR\FM\25APN1.SGM 25APN1

Federal Register / Vol. 83, No. 80 / Wednesday, April 25, 2018 / Notices 18047 containers (40 CFR 61.150(a)(1)) or occur along the line of cutting. The pipe access cuts). These vertical access processed into a nonfriable form, such is snapped along the cut and the process points are sheathed with a as a nonfriable pellet or other shape (40 is repeated to produce transportable 6- nonpermeable lining, such as plastic, at CFR 61.150(a)(2)). to 8-foot sections of pipe. Asbestos the beginning and end of the run of pipe cement pipe in poor condition may being replaced. The cementitious slurry 3. Waste Disposal resemble wet cardboard in the way it hardens into a nonfriable A/C after 48– The Asbestos NESHAP requires all responds to these removal activities. It 56 hours. The proposed CTPS AWP ACWM to be deposited as soon as is can simply collapse and tear into employs dust suppression using practical in a waste disposal site smaller pieces, rather than snap, as amended water at all vertical access operated in accordance with the A/C pipe in good condition is known to points to maintain the no VE and provisions of 40 CFR 61.154 or an EPA- do. Each pipe section is removed, adequately wet requirements of the approved site that converts RACM and wrapped in plastic, and placed on a Asbestos NESHAP, as required by 40 ACWM into nonasbestos (asbestos-free) truck labelled according to regulations CFR 61.145 and 40 CFR 61.150. material according to the provisions of for asbestos waste disposal. This process The EPA is proposing to consider the 40 CFR 61.155. of snap cutting and removal is repeated slurry that is formed by the CTPS AWP E. What techniques are approved for for the entire length of A/C pipe to be for A/C pipe to be nonfriable once removal and replacement of A/C pipes? replaced. hardened. This is important because the No AWPs for the replacement of A/C typical A/C pipe that is replaced is Even A/C pipes in good condition usually friable in many places and in pipes have yet been approved. (which would be Category II nonfriable poor condition. The proposed CTPS ACM) become regulated ACM, if the III. Alternative Work Practice Request AWP converts all the ACM of the A/C pipe has a high probability of becoming pipe into a nonfriable material which is or has become crumbled, pulverized, or A. What is the close tolerance pipe slurrification technique for A/C pipe disposed of in a landfill permitted to reduced to powder by the forces receive ACWM. A skim coat of the expected to act on the pipe during the replacement? nonfriable cementitious ACM remains renovation activities. Moreover, most of The EPA received a request from on the outer rim of the new pipe. the A/C pipe being replaced by Trenchless Consulting, LLC, in July Because disposal takes place before municipalities is likely to be in poor 2017, for approval of an AWP, known as the slurry hardens, and the test to condition (i.e., friable) due to the the ‘‘Close Tolerance Pipe determine friability takes place after the degradation over time as discussed in Slurrification’’ (CTPS) method, for the slurry hardens, the slurry must be the section II of this document. removal and replacement of A/C pipes. sealed in containment at disposal The EPA has previously determined 10 This is one of two AWPs requested. The (rather than disposed openly pending that pipe removal is generally a second one, which involves a technique the outcome of the test). Although the renovation unless it is associated with commonly known as ‘‘pipe bursting’’ is Asbestos NESHAP does not require the demolition of a structure (in which still under consideration. We are not containment of nonfriable ACM, this case, it is a demolition). One discussing ‘‘pipe bursting’’ in this AWP must ensure the ACWM is applicability determination from 1994 Federal Register document and no contained because the test indicating states that removal of A/C pipe ‘‘. . . is decision has been made on whether or the ACWM is nonfriable would not yet a renovation because the pipe is not a not to propose approval of ‘‘pipe have been conducted at the time of load bearing structural member.’’ bursting’’ as an AWP. disposal (the friability test is done on a The accepted technique to remove Documentation for CTPS is found in sample of the material that has cured and replace A/C pipes is known as the Docket, and includes photographs and hardened over a period of 48 to 56 ‘‘open trench replacement.’’ In open and video of the CTPS process hours). trench replacement, the pipe is located, demonstration on clay pipe,11 In contrast to the Asbestos NESHAP cleaned, and inspected. Because pipes schematics of the process, and work practices for ACPRPs conducted in run beneath and cross transportation descriptions of the process. The CTPS temperatures below freezing, the CTPS corridors, traffic is rerouted to available method uses an equipment train to method may only be used when detours. Temporary water and sewer deliver drilling fluids and clays in temperatures are above 32 °F (0 °C) to service is installed to handle the water suspension through a pipe in the center prevent freezing the slurry, drilling supply and/or wastewater handling of the train. The equipment train uses a fluids, and/or the amended water affected by the disruption of service. cutting head which grinds the needed to maintain adequate wetting. Other utilities (electricity, cable, optical underground A/C pipe to a fine grain fiber) that may obstruct or interfere with B. What is the EPA’s proposed action on while the fluids maintain the adequately pipe replacement are also identified. the AWP request? wet requirements of 40 CFR 61.145 and Once the location of the pipe and all entrain the finely ground pipe fragments The EPA believes that the CTPS work utilities are identified, the road in a slurry. During this process, the practices are ‘‘consistent with the EPA’s surfacing, and other structures, such as slurry mixes with the drilling fluids to intent to distinguish between material sidewalks, medians, etc., are removed create a homogenous 12 wet that could release significant amounts of and an open trench is dug to expose the asbestos fibers during demolition and cementitious material, which is length of pipe to be replaced. A pipe renovation operations and those that removed from the underground pipe cutter is clamped around the A/C pipe would not, and to prevent significant path at vertical access points (i.e., being replaced, and it is scored along emissions of asbestos fibers to the sradovich on DSK3GMQ082PROD with NOTICES manholes, trenches, other vertical the outside of its circumference while atmosphere.’’ (see 55 FR 48408, water is applied to prevent emissions of 11 According to the demonstration of the CTPS November 20, 1990 Asbestos NESHAP asbestos to the atmosphere, which may process by Portland Utilities, clay pipe is final notice, in our statements in pulverized and slurrifies similarly to A/C pipe response to comments on friable vs. 10 See the applicability determination number when subjected to the CTPS process. a960010, October 12, 1994, from John Rasnic 12 A homogenous mixture is one in which the nonfriable materials). The EPA is regarding removal of pipe, which may be found in components are uniformly distributed throughout proposing that, for the following five the EPA’s Applicability Determination Index. the mixture. reasons, CTPS is at least equivalent to VerDate Sep<11>2014 19:12 Apr 24, 2018 Jkt 244001 PO 00000 Frm 00055 Fmt 4703 Sfmt 4703 E:\FR\FM\25APN1.SGM 25APN1

18048 Federal Register / Vol. 83, No. 80 / Wednesday, April 25, 2018 / Notices the Asbestos NESHAP process for A/C cutter. Additionally, the skim coat is not the new pipe be allowed to also remain pipe removal. subject to corrosional forces from inside in place. First, this technique of replacement the pipe. For more information on the The EPA is proposing that when only exposes a small portion of the properties of the skim coat that remains CTPS is used to remove the A/C pipe, thereby preventing significant on the pipe, see docket item ‘‘Skim Coat underground A/C pipe, while emissions of asbestos to the atmosphere, Properties, email correspondence from maintaining no VE and the adequately a part of the overall reduction in Mike Woodcock, Portland Utilities wet requirements of 40 CFR 61.145 and emissions potential. As described in Construction, January 2018.’’ 40 CFR 61.150(a), removing the old more detail below, the CTPS approach The Asbestos NESHAP focuses on A/C pipe, converting all A/C pipe to only excavates the A/C pipe at asbestos containing materials and their Category II nonfriable ACM, and predetermined points along the pipe’s decline into friable material. Since the replacing the underground A/C pipe path. Vertical access cuts are made to advent of new methods which were not with new pipe, then CTPS is at least remove A/C pipe only at the beginning available at the time of the last equivalent, in terms of emission and end of the length of pipe to be amendment to the rule, this may be a reductions, to the work practices in the removed and in designated vertical procedure whereby friable A/C pipe in Asbestos NESHAP as they apply to access points to reduce pressure poor condition is partially remediated renovations. buildup of the slurry. This limited back to a nonfriable state, and its The Asbestos NESHAP waste disposal excavation reduces the level of exposure properties are similar to the properties requirements include deed notations for to asbestos emissions from the A/C pipe of other cement products such as inactive asbestos waste disposal sites, remediation project. flowable fill concrete. where ACWM (e.g., friable ACM) has Second, during periods where ACM is Close tolerance pipe slurrification been left behind in the ground. The EPA exposed, it is in the liquid slurry form differs from the conventional work included this provision in the Asbestos and is considered adequately wet and, practices in which the entire pipe, much NESHAP for situations in which thus, does not become airborne, where of which is in poor condition and may manufacturing waste had been left it could be available for inhalation. The be friable, is excavated and exposed, cut behind, sometimes buried on property, slurry is pumped out of these points into numerous 6- to 8-foot transportable and that property later was sold for into an enclosed tank to be taken to a sections, sealed in leak-tight wrapping, development. Without a deed notation waste disposal site approved to receive labeled, and transported to an approved to warn potential buyers of its presence, asbestos. asbestos waste disposal site. Five A/C new owners could accidentally expose Third, the CTPS AWP uses amended pipe replacement guidance documents themselves to asbestos (for example, by water to improve dust suppression at all from state and local agencies (from installing a swimming pool, driveway, cuts, trenches, and vertical access points Massachusetts, Maine, Oregon, Utah, or digging a basement). The EPA, where A/C pipe may be exposed to the and the city of Richmond, Virginia) are therefore, added requirements for ambient air. The pipe is otherwise not available in the docket for reference on property deed notation when ACWM exposed to the air. the conventional work practices. has been left behind in the ground, Fourth, a skim coat of slurry, which Consequently, the EPA believes that creating an inactive asbestos waste contains ACM and remains on the new by following the CTPS AWP, adequately disposal site. pipe, is not loose in the soil, but adheres wet and no VE protocols, and exposing The EPA is proposing that the to the surface of the new pipe. The skim only small sections of A/C pipe to the nonfriable ACM resulting from CTPS coat fills the annular space created by air, asbestos emissions to the would not be subject to deed notations. the close tolerance drill through the atmosphere are minimized, and the However, as is current practice, the EPA ground as it pulls the new pipe through. AWP would achieve an emission proposes that owner/operators (e.g., Therefore, it has a structural support reduction at least equivalent to the municipality or utility) using the CTPS preventing the thin coating from being current Asbestos NESHAP. AWP would be required to maintain crushed, and also is not free to migrate While the Asbestos NESHAP (and utility maps with the actual location of to the surface as a result of soil associated applicability determinations) each ACPRP identified by the 6-digit movement, such as frost heaves.13 contemplate and provide direction on a latitude and longitude coordinates of Furthermore, the existence of asbestos number of situations for handling and the newly laid line, and that the utility in the skim coat is noted on the utility managing asbestos, the situation maps would note the line as covered by records so that owners/operators are whereby friable ACM is turned into a skim coat of ACM for future work. advised of its presence. nonfriable ACM is not one that is The EPA is also proposing that the Fifth, once hardened, the skim coat is contemplated under the rule. The EPA other requirements in the Asbestos nonfriable and has properties of cement: is proposing that when the CTPS work NESHAP that apply to renovations, Similar to light-weight flowable fill practices are adhered to as described in including notification requirements (concrete) purchased from concrete this document, and when the test for found in 40 CFR 61.145(b), would apply plants, the skim coat has a strength of friability confirms that the resulting to the CTPS AWPs. Additionally, the 50–150 pounds per square inch. Once hardened slurry (skim coating) is EPA is proposing that the waste hardened, the skim coat has static nonfriable ACM, the resulting material handling and disposal requirements properties such that it does not settle or can be regulated as nonfriable ACM. found in 40 CFR 61.150 and 61.154 compress further. Once the skim coat is Under 40 CFR 61.145(c)(1)(iv) of the would apply to the slurry that is in place, it can only be removed by Asbestos NESHAP, under certain removed at the ACPRP. conditions nonfriable ACM need not be sradovich on DSK3GMQ082PROD with NOTICES force, i.e., using a pipe saw or a pipe IV. What are the proposed work removed, if they are Category II 13 Frost heaves occur in the top 3 feet of soil, and nonfriable ACM and the probability is practices for A/C pipe replacement? occur at low temperatures when available moisture low that materials will become The EPA is seeking the public’s input in the soil freezes, expanding, and displaces crumbled, pulverized, or reduced to on Trenchless Consulting’s request that materials with higher surface area (regardless of density) upward due to decreasing pressure. In this powder during demolition. We are the EPA approve the CTPS approach as way, chunks of material of various densities may be proposing that the nonfriable skim an AWP under the Asbestos NESHAP. moved to the surface. coating of ACM left on the outer rim of We are seeking comments on whether VerDate Sep<11>2014 19:12 Apr 24, 2018 Jkt 244001 PO 00000 Frm 00056 Fmt 4703 Sfmt 4703 E:\FR\FM\25APN1.SGM 25APN1

Federal Register / Vol. 83, No. 80 / Wednesday, April 25, 2018 / Notices 18049 the CTPS work practices are equivalent soil type, pipe size, pneumatic pressure 6. Slurry Characteristics to those in the Asbestos NESHAP, on the CTPS head, and frictional drag The owner/operator would be including adequate wetting on the line; and is determined for each required to ensure that no visible requirements, no VE, notification, project on a case-by-case basis by the emissions are discharged to the air from containment, labeling, waste handling, owner/operator. Incorrect estimation of the slurry, and that the slurry is a waste transportation, and disposal of the vertical access point locations may homogenous mixture comprised of ACWM. The materials supporting the result in a malfunction. The owner/ finely ground A/C pipe, drilling fluids, request for this approval are available in operator must not disturb A/C pipe bentonite clay, and other materials the Docket and include industry during the digging out of these access suspended in solution that, when cured descriptions of the CTPS work practice points. Water and suction should be (a period of 48–56 hours), re-hardens so and processes, the process patent, used to uncover as much of the A/C that it meets the sample friability test in records of the EPA’s communication pipe as is needed to begin the CTPS section IV.D.2 of this preamble. The with the industry requestors, and the process. slurry must meet the no visible EPA’s observations of the methods emissions requirements of 40 CFR conducted on PVC and clay sewer pipe. 2. Removal of Pipe at Terminals and Vertical Access Points 61.145 and 61.150. Based upon our initial review of the proposed AWP request, the 7. Slurry Removal, Containment, At the starting and terminal points, Transportation, and Disposal demonstrations of the work practice, and at designated intervals along the and written materials including The A/C pipe slurry is removed at equipment, materials, slurry length of pipe replacement, sections of pipe are cut and removed at the vertical vertical access points using a vacuum characteristics, testing, and waste attached to a tank (e.g., vacuum truck). specifications, we propose that, by access points (i.e., manholes, trenches). The owner/operator must handle all The owner/operator would be required complying with the following list of to ensure that the slurry remains in an requirements, this proposed AWP will sections of A/C pipe in accordance with 40 CFR 61.145 and 40 CFR 61.150 of the adequately wet state during the achieve emission reductions at least slurrification process and remains in equivalent to emission reductions Asbestos NESHAP. containment throughout the removal, achieved under 40 CFR 61.145, 40 CFR 3. CTPS Equipment Train transportation, and disposal processes, 61.150, and 40 CFR 61.154, as required meeting the requirements of 40 CFR by the applicable Asbestos NESHAP, The CTPS technique should use a 61.145 and 40 CFR 61.150. The slurry provided that adequate wetting drilling head train with a slightly larger must be contained and in slurry form at accompanies all vertical access points, diameter than the pipe being replaced. the time of disposal in a landfill access trenches, and manholes to This technology must use a heavy duty permitted to accept ACWM and meeting prevent VE, and that the A/C four-stage cutting and wetting train, the requirements of 40 CFR 61.154. The cementitious material resulting from made of hardened carbon steel, which is slurry must be managed at the disposal this process is properly handled and able to be fed directly around the pipe site using procedures meeting the contained during and after removal and to be replaced. The cutting head must be requirements of 40 CFR 61.154. properly disposed of as required by the drawn around the existing pipe and Asbestos NESHAP. must be capable of grinding the old 8. Adequate Wetting With No VE The patent related to this process, A/C pipe to a fine powder using a liquid Any opening to the atmosphere along ‘‘Method of Replacing an Underground delivery system as described in section the pipe is a potential source of asbestos Pipe Section,’’ is available from the U.S. IV.A.4 of this preamble. The process emissions to the outside (ambient) air. Patent Office, patent number must return the A/C pipe to a The owner/operator would be required US8,641,326B2; February 4, 2014, and a cementitious slurry that is a to ensure that dust suppression copy is available in the docket. That homogenous mixture and stays equipment (i.e., dust suppression patent deals with the replacement of adequately wet through disposal apparatus or manual misting) using low-pressure sewer pipes and indicates according to the requirements of 40 CFR amended water is placed at each vertical some parameters that may be different 61.145. The owner/operator must ensure access point. If a new trench is dug to from the work practices in this notice, that the CTPS train pulls the resolve a malfunction, the owner/ depending on the soil composition, replacement pipe behind it, and that no operator would be required to ensure depth of pipe, and serviceable use of the ACM contacts the inside of the new that the new trench is equipped with pipe (e.g., a low-pressure sewer, waste pipe. dust suppression and follow the water, or fresh water pipe). While this procedure in paragraphs (1) and (2) patented process is one used by the 4. Liquid Delivery above. Amended water is water to company requesting approval of this The horizontal drilling train must be which surfactant chemicals (wetting AWP, an owner/operator would not agents) have been added to reduce the equipped with ports to deliver liquid have to license the patent and could surface tension of the water. materials to the drilling head. Drilling choose different equipment in order to fluids and bentonite clay should also be B. What notification requirements follow the work practices of this notice. delivered through these ports to reduce would apply? A. What is the proposed CTPS AWP? frictional drag on the line, and to If an underground ACPRP meets the lubricate the interface along the soil to applicability and threshold The proposed CTPS AWP is as pipe line. requirements under the NESHAP, then sradovich on DSK3GMQ082PROD with NOTICES follows: 5. Trackable Pipeline the EPA (or the delegated agency) must 1. Vertical Access Points be notified in advance of the Vertical access points (e.g., manholes, The owner/operator would be replacement in accordance with the trenches) are made at designated required to ensure that the new pipeline requirements of the Asbestos NESHAP intervals along the length of pipe is trackable by steel cable (or other at 40 CFR 61.145(b). See 40 CFR 61.145 replacement. The distance between durable trackable material) laid with the for more information on the notification vertical access points is a function of the new pipe. requirements. VerDate Sep<11>2014 19:12 Apr 24, 2018 Jkt 244001 PO 00000 Frm 00057 Fmt 4703 Sfmt 4703 E:\FR\FM\25APN1.SGM 25APN1

18050 Federal Register / Vol. 83, No. 80 / Wednesday, April 25, 2018 / Notices C. What inspection, operation, and sample may be disposed of in a landfill e. Total amount of slurry disposed by maintenance requirements would permitted to accept ACWM. the owner/operator from the ACPRP; apply? a. If the sample cannot be crushed, f. Slurry disposal site; crumbled, or reduced to powder by g. Manifest of ACM slurry disposal; 1. Inspection and hand pressure, the owner/operator Prior to using the CTPS for an ACPRP, would be required to certify this as h. Malfunction records (if applicable). the owner/operator would conduct follows: ‘‘The hardened slurry sample i. Records of VE events and their underground pipe inspections (e.g., by from the ACPRP conducted on (date) at duration (including the time and date using remote technologies like robotic (location) could not be crushed, stamp) of any VE event; cameras) and shall identify, locate, and crumbled, or reduced to powder by ii. Records of when and how each VE mark onto an underground utility map hand pressure. I am aware it is unlawful event was resolved. Indicate the date of the area all identified potential areas to knowingly submit incomplete, false, and time for each VE period, whether of malfunctions, such as changes in pipe and/or misleading information and the VE event occurred at an exposed type, drops in the line, broken and off- there are significant criminal penalties manhole, trench, or other vertical access center points, and changes in soil type. for such unlawful conduct, including point, and the number of openings to the possibility of fine and the ambient air affected; 2. Operation and Maintenance iii. Procedure used to resolve each VE imprisonment.’’ The owner/operator The owner/operator of a CTPS would be required to maintain a signed event; and method system is required to install, iv. Results of each sample friability certificate of this statement so that it is operate, and maintain the drilling head test that indicates the slurry is friable, available to the EPA Administrator, train, CTPS liquid delivery system, and as required by IV.D.1 and 2 above. local, and state agency officials upon all equipment used to deliver adequate i. Records of the standard operation demand. wetting at all vertical access points and procedures for the installation, b. If the sample can be crushed, operation, and maintenance of the cut lengths of pipe in accordance with crumbled, or reduced to powder by their written standard operating drilling head train, CTPS liquid delivery hand pressure, the owner/operator system, and all equipment used to procedures. The records must be kept in would be required to follow the accordance with section IV.F.1 of this deliver adequate wetting at all vertical malfunction reporting requirements in access points and cut lengths of pipe. preamble. IV.F. 2 below. 2. Each owner/operator is required to D. What sampling, testing, and utility 3. Utility Map Notations submit the following reports to the map notation requirements would Administrator after each occurrence, as apply? Owner/operators would be required to follows: note utility maps according to the actual a. Malfunction Report. The 1. Sample Collection location identified by the 6-digit malfunction report must include the After the slurry has been pumped latitude and longitude coordinates of records in section IV.F.1.h.i.-iv of this from the vertical access points, but the newly laid line. Notations would preamble. The malfunction report must before disposal, the owner/operator of a have to be maintained for the life of the be submitted as soon as practical after CTPS method system is required to new pipe by the owner/operator (e.g., the occurrence, but in no case later than collect a 2-inch roughly spherical wet municipality or utility), and would have 30 days. sample of the slurry. A single sample to be labeled as covered by a skim coat b. ACPRP Report. The ACPRP report must be collected for each project of ACM for future work. must be submitted to the Asbestos discharging to a single enclosed tank. E. What labeling and transportation NESHAP program office within the EPA The owner/operator would be required requirements would apply? Regional office in which the ACPRP is to seal the sample in leak-tight located. The report may be submitted wrapping and allow the sample to Because all A/C pipe being replaced electronically when the means to do so harden and dry (usually 48–56 hours). using the CTPS technique is converted are available. The EPA Regional office to a nonfriable state during the may, at their discretion, waive this 2. Sample Friability Test and replacement, it would be categorized as Certification requirement and delegate this reporting Category II ACM and would need to be to the state and municipality. If the EPA When the sample is hardened and labeled and transported in accordance Regional office has waived the dry, the owner/operator would be with the corresponding requirements of reporting, and if the state or required to attempt to crush the sample 40 CFR 61.145 and 40 CFR 61.150 in the municipality is unable to receive by hand. The sample that cannot be Asbestos NESHAP. electronic reports, then only a hard copy crumbled, pulverized, or reduced to F. What recordkeeping and reporting is required to be submitted. These powder by hand pressure is nonfriable, requirements would apply? reports must be postmarked or and the remaining slurry from that pipe electronically submitted within 30 replacement job is likewise nonfriable. 1. The owner/operator would be calendar days of completion of the After testing, the owner/operator would required to record and maintain for a ACPRP. be required to ensure that the sample is period of 2 years the following data: packaged in leak-tight wrapping for a. Date(s) from beginning to end of V. Request for Comments storage, labeled ‘‘Asbestos Containing each ACPRP; We solicit comments on all aspects of Material. Do not break or damage this b. Location(s) of the A/C pipe(s) this request for approval of CTPS as an sradovich on DSK3GMQ082PROD with NOTICES sealed package,’’ dated according to the replaced using CTPS, identified by 6- AWP for the work practice standards ACPRP date of generation, stored in a digit latitudinal and longitudinal specified in 40 CFR part 61, subpart M, secure location that is inaccessible to coordinates for each ACPRP; the Asbestos NESHAP. We specifically the general public (such as a locked c. Diameter and length of A/C pipe seek comments regarding whether the storage unit), and is maintained by the replaced at the ACPRP; AWPs, as described in section IV above, owner/operator for a period of 2 years. d. Total amount of slurry generated at will achieve emission reductions at least After this 2-year retention period, the the ACPRP; equivalent to the work practices in the VerDate Sep<11>2014 19:12 Apr 24, 2018 Jkt 244001 PO 00000 Frm 00058 Fmt 4703 Sfmt 4703 E:\FR\FM\25APN1.SGM 25APN1

Federal Register / Vol. 83, No. 80 / Wednesday, April 25, 2018 / Notices 18051 Asbestos NESHAP at 40 CFR 61.145 and following list of North American advanced the goals of the Pollution 40 CFR 61.150. Industrial Classification System Prevention Act by reducing pollution at Dated: April 18, 2018. (NAICS) codes is not intended to be its source through safer chemistry. The Panagiotis Tsirigotis, exhaustive, but rather provides a guide Safer Choice Partner of the Year Awards to help readers determine whether this recognize program participants for Director, Office of Air Quality Planning and Standards. document applies to them. Potentially advancing the goal of chemical safety affected entities may include: through exemplary participation in or [FR Doc. 2018–08574 Filed 4–24–18; 8:45 am] promotion of the Safer Choice program. BILLING CODE 6560–50–P NAICS Code Affected Industry Safer Choice program participants are 325510 Paint and Coating continually driving innovation to make Manufacturing. chemical products safer. The program ENVIRONMENTAL PROTECTION 325611 Soap and Other Detergent AGENCY currently certifies approximately 2,000 Manufacturing. products, used by consumers, [EPA–HQ–OPPT–2015–0785; FRL–9976–28] 325612 Polish and Other Sanitation institutions and industry that meet the Good Manufacturing. Safer Choice Standard. The 2018 Partner 2018 Safer Choice Partner of the Year 325910 Printing Ink Manufacturing. of the Year Awards will be the fourth Awards Program 325992 Photographic Film, Paper, annual event, with recognition for Safer Plate, and Chemical Manufacturing. Choice stakeholder organizations from AGENCY: Environmental Protection 325998 All Other Miscellaneous five broad categories: (1) Formulators/ Agency (EPA). Chemical Product and Preparation Product Manufacturers of both ACTION: Notice. Manufacturing. Consumer and Institutional/Industrial 561210 Facilities Support Services. products, (2) Purchasers and SUMMARY: EPA is seeking applications 561720 Janitorial Services. Distributors, (3) Retailers, (4) Supporters for the 2018 Safer Choice Partner of the 561740 Carpet and Upholstery Year Awards. In 2015, EPA developed (e.g., non-governmental organizations, Cleaning Services. including environmental and health the Partner of the Year Awards to 611310 Colleges, Universities, and recognize Safer Choice stakeholders advocates, trade associations, academia, Professional Schools. sports teams, and others), and (5) who have advanced the goals of the 8123 Dry Cleaning and Laundry Pollution Prevention Act by reducing Innovators (e.g., chemical Services. manufacturers, technology developers, pollution at its source through safer 921190 Other General Government chemistry. At the 2018 Partner of the and others). Support. The award application and Year Awards, Safer Choice will recognize stakeholder organizations B. How can I get related information? instructions are available at https:// from five broad categories: Formulators/ www.epa.gov/saferchoice/safer-choice- The full Safer Choice Partner of the Product Manufacturers of both partner-year-awards. Interested Year Awards announcement and award Consumer and Institutional/Industrial applicants may also view a webinar on application materials can be found at: products, Purchasers and Distributors, the award application process by https://www.epa.gov/saferchoice/safer- Retailers, Supporters (e.g., non- visiting the website. All applications choice-partner-year-awards. governmental organizations), and and accompanying materials must be Innovators (e.g., chemical C. How can I get copies of this received by Wednesday, June 27, 2018. manufacturers). All applications and document and other related Award winners will be recognized at a accompanying materials must be information? ceremony in the fall of 2018. received by Wednesday, June 27, 2018. The docket for this action, identified Authority: 15 U.S.C. 2601. Award winners will be recognized at a by docket information (ID) number Dated: April 17, 2018, ceremony in the fall of 2018. EPA–HQ–OPPT–2015–0785, is available Charlotte Bertrand, FOR FURTHER INFORMATION CONTACT: at http://www.regulations.gov or at the Acting Principal Deputy Assistant For technical information contact: Office of Pollution Prevention and Administrator, Office of Chemical Safety and Linda Rutsch, Chemistry, Economics Toxics Docket (OPPT Docket), Pollution Prevention. and Sustainable Strategies Division, Environmental Protection Agency [FR Doc. 2018–08693 Filed 4–24–18; 8:45 am] Office of Pollution Prevention and Docket Center (EPA/DC), West William BILLING CODE 6560–50–P Toxics, Environmental Protection Jefferson Clinton Bldg., Rm. 3334, 1301 Agency, 1200 Pennsylvania Ave. NW, Constitution Ave. NW, Washington, DC. Washington, DC 20460–0001; telephone The Public Reading Room is open from ENVIRONMENTAL PROTECTION number: (202) 343–9924; email address: 8:30 a.m. to 4:30 p.m., Monday through AGENCY rutsch.linda@epa.gov. Friday, excluding legal holidays. The For general information contact: The telephone number for the Public [EPA–HQ–OARM–2018–0124; FRL–9977– Reading Room is (202) 566–1744, and 11–OARM] TSCA-Hotline, ABVI-Goodwill, 422 South Clinton Ave., Rochester, NY the telephone number for the OPPT Proposed Information Collection 14620; telephone number: (202) 554– Docket is (202) 566–0280. Please review Request; Comment Request; 1404; email address: TSCA-Hotline@ the visitor instructions and additional Contractor Cumulative Claim and epa.gov. information about the docket available Reconciliation (Renewal) sradovich on DSK3GMQ082PROD with NOTICES at http://www.epa.gov/dockets. SUPPLEMENTARY INFORMATION: AGENCY: Environmental Protection II. What action is the Agency taking? I. General Information Agency (EPA). EPA is seeking applications for the ACTION: Notice. A. Does this action apply to me? 2018 Safer Choice Partner of the Year You may be potentially affected by Awards. In 2015, EPA developed the SUMMARY: The Environmental Protection this action if you are a Safer Choice Partner of the Year Awards to recognize Agency is planning to submit an program partner or stakeholder. The Safer Choice stakeholders who have information collection request (ICR), VerDate Sep<11>2014 19:12 Apr 24, 2018 Jkt 244001 PO 00000 Frm 00059 Fmt 4703 Sfmt 4703 E:\FR\FM\25APN1.SGM 25APN1


Document Created: 2018-11-02 08:16:56
Document Modified: 2018-11-02 08:16:56
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
ActionNotification of request for comments.
DatesComments. The EPA must receive written comments on or before June 25, 2018.
ContactFor questions about this action, contact Ms. Susan Fairchild, Sector Policies and Programs Division (D- 243-04), Office of Air Quality Planning and Standards (OAQPS), U.S. Environmental Protection Agency, Research Triangle Park, North Carolina 27711; telephone number: (919) 541-5167; fax number: (919) 541-4991;
FR Citation83 FR 18042 
RIN Number2060-AT73
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