The owner or operator of an operation in which asbestos-containing materials are spray applied shall comply with the following requirements:
(a) For spray-on application on buildings, structures, pipes, and conduits, do not use material containing more than 1 percent asbestos as determined using the method specified in appendix E, subpart E, 40 CFR part 763, section 1, Polarized Light Microscopy, except as provided in paragraph (c) of this section.
(b) For spray-on application of materials that contain more than 1 percent asbestos as determined using the method specified in appendix E, subpart E, 40 CFR part 763, section 1, Polarized Light Microscopy, on equipment and machinery, except as provided in paragraph (c) of this section:
(1) Notify the Administrator at least 20 days before beginning the spraying operation. Include the following information in the notice:
(i) Name and address of owner or operator.
(ii) Location of spraying operation.
(iii) Procedures to be followed to meet the requirements of this paragraph.
(2) Discharge no visible emissions to the outside air from spray-on application of the asbestos-containing material or use the methods specified by § 61.152 to clean emissions containing particulate asbestos material before they escape to, or are vented to, the outside air.
(c) The requirements of paragraphs (a) and (b) of this section do not apply to the spray-on application of materials where the asbestos fibers in the materials are encapsulated with a bituminous or resinous binder during spraying and the materials are not friable after drying.
(d) Owners or operators of sources subject to this paragraph are exempt from the requirements of §§ 61.05(a), 61.07 and 61.09.
[49 FR 13661, Apr. 5, 1984. Redesignated and amended at 55 FR 48424, Nov. 20, 1990; 60 FR 31920, June 19, 1995]
Notes of Decisions
United States v. Sealtite Corp., 739 F. Supp. 464 (E.D. Ark. 1990).
· cites it 7× “1 It was the Government’s position that defendant failed to do the following: 1) provide adequate written notification of the size of the facility, Building 480, to be renovated, as required by 40 C.F.R. § 61.146 (c)(2); the nature of the planned renovation and the abatement…”
United States v. Trident Seafoods Corp., & Tom Stakkeland James Hinton, 60 F.3d 556 (9th Cir. 1995).
· cites it 2× “These violations included four work practice violations and the following claim of notice violation: “Defendants failed to provide written notice, before beginning renovation, of the intention to renovate a facility, in violation of 40 C.F.R. § 61.146 (1990) and sections 112(c)…”
United States v. Tzavah Urban Renewal Corp., 696 F. Supp. 1013 (D.N.J. 1988).
· cites it 2× “These regulations require owners and/or operators of facilities containing ACM to notify the EPA before commencing with renovation and/or demolition, 40 C.F.R. § 61.146 , and prescribe various procedures for storage and removal of the asbestos.”
United States v. Geppert Bros., Inc., 638 F. Supp. 996 (E.D. Pa. 1986).
“The regulations *999 which Amstar is alleged to have violated, 40 C.F.R. § 61.146 & .147, apply to owners and operators of demolition operations.”
United States v. Owens Contracting Servs., Inc., 884 F. Supp. 1095 (E.D. Mich. 1994).
“The government averred the following violations of the asbestos NESHAP in its complaint: (1) notice violation under 40 C.F.R. § 61.146 , (2) work practice violation — failure to wet under 40 C.”
United States v. Dico, Inc., 4 F. Supp. 3d 1047 (S.D. Iowa 2014).
“1995), involves a specific regulation enacted pursuant to the Clean Air Act (“CAA”)- 40 C.F.R. § 61.146 (1990). See Trident Seafoods, 60 F.”
Moran v. Vaccaro, 684 F. Supp. 1201 (S.D.N.Y. 1988).
“147 (b)(1); b) failed to provide EPA with any written notification of the renovation of theses Facility components in violation of 40 C.F.R. § 61.146 (a); and c) collected and stored these Facility components, stripped from a Facility and from which friable asbestos was exposed,…”
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