40 C.F.R. § 61.143

Standard for roadways

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No person may construct or maintain a roadway with asbestos tailings or asbestos-containing waste material on that roadway, unless, for asbestos tailings.

(a) It is a temporary roadway on an area of asbestos ore deposits (asbestos mine): or

(b) It is a temporary roadway at an active asbestos mill site and is encapsulated with a resinous or bituminous binder. The encapsulated road surface must be maintained at a minimum frequency of once per year to prevent dust emissions; or

(c) It is encapsulated in asphalt concrete meeting the specifications contained in section 401 of Standard Specifications for Construction of Roads and Bridges on Federal Highway Projects, FP-85, 1985, or their equivalent.

[55 FR 48419, Nov. 20, 1990; 56 FR 1669, Jan. 16, 1991]
Notes of Decisions
Cited in 2 cases, 2007–2007 · leading case: United States v. WR Grace
United States v. WR Grace (2007) ca9 “” See 40 C.F.R. §§ 61.143 , 61.145, & 61.148. Others include additional procedural requirements, above and beyond the “no visible emissions” requirement.”
United States v. W.R. Grace (2007) ca9 “” See 40 C.F.R. §§ 61.143 , 61.145, & 61.148. Others include additional procedural requirements, above and beyond the “no visible emissions” requirement.”
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