EPA memorandum regarding asbestos reservoir, June 2002

NYC 9/11 Public Portal Document

IT

elected to use the definition of ACM [asbestos containing material] from the NESHAPs regulations - I.e., the 1% asbestos content standard.

44. US EPA (1994) Asbestos/NESHAP Demolition Decision Tree. EPA Manufacturing, Energy, and Transportation Division, Office of Compliance. Available from the EPA OPPTS Ombudsman’s office

Decontamination of Demolition Site

If the surrounding soil has been contaminated by the demolition activities at the site, the site must be cleaned up to background levels of asbestos contamination. Alternatively, the site may be operated in accordance with section 61.154 (Standard for active waste disposal sites) and closed in accordance with section 61.151 (Standard for inactive waste disposal sites for asbestos mills and manufacturing and fabricating operations). However, according to 40 CFR 61.05, the establishment of an active waste site requires prior approval from EPA or the delegated State prog ram. To clean up the site to background levels, it will probably be necessary to remove all the asbestos contaminated soil. The contaminated soil should be treated and disposed of as asbestos-containing waste material.

Deco ntam ination of Area Surrounding Demolition Site

If a site assessment detects contamination of soil surrounding a demolition site, the site must be cleaned up to background levels of asbestos contamination. Alternatively, the site may be operated in accordance with section 61.154 (Standard for active waste disposal sites) and closed in accordance with section 61.151 (Standard for inactive waste disposal sites for asbestos mills and manufacturing and fabricating operations). However, according to 40 CFR 61.05, the establishment of an active waste site requires prior approval from EPA or the delegated State prog ram. To clean up the site to background levels, it will probably be necessary to remove all the asbestos contaminated soil. The contaminated soil should be treated and disposed of as asbestos-containing waste material. [emphasis addedi

45. US EPA (April 18, 1989) Interim Asbestos NESHAP Enforcement Guidance - “Friable asbestos” 1% by Area of Volume vs. 1% by Weight. Office of Enforcement and Compliance Monitoring EPA Publication No. EPA 560/5-88-001. Available online at: http://es .epa. gov/oeca/ore/aed/comp/ecomp/e6.html

46. Mugdan, Walter E. (January 25, 2002) Environmental law issues raised by terrorist events. Speech before the NY Bar Association, NYC. Walter Mugdan is Regional Counsel for EPA Region 2. Posted at www.NYenviroLAW.org

47. EPA web site at: www.epa.gov/region8/superfund/libbv/qsafe.htinl

48. Addison, J. (1995) Vermiculite: A review of the mineralogy and health effects of vermiculite exploitation. Reg. Tox. and Pharm. 21: 397 - 405.

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