Interpretation Response #06-0013 ([Pennsylvania Department of Environmental Protection] [Mr. Frederick P. Walter, Jr.])
Below is the interpretation response detail and a list of regulations sections applicable to this response.
Interpretation Response Details
Response Publish Date:
Company Name: Pennsylvania Department of Environmental Protection
Individual Name: Mr. Frederick P. Walter, Jr.
Location State: PA Country: US
View the Interpretation Document
Response text:
Feb 22, 2006
Mr. Frederick P. Walter, Jr.
Reference No. 06-0013
Pennsylvania Department of Environmental Protection
Armbrust Professional Center
8205 Route 819
Greensburg, PA 15601-8739
Dear Mr. Walter:
This is in response to your letter requesting clarification of the applicability of Special Provision 156 under the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) to shipments of asbestos-containing materials subject to the National Emission Standards for Hazardous Air Pollutants (NESHAP). You state that the asbestos fibers in the material are either immersed or fixed in wetting agents using water or water mixed with certain chemicals. The wetting agents are used to prevent the release of particulates as required by the U.S. Environmental Protection Agency's 40 CFR. You ask whether the asbestos treated with wetting agents meet the provisions in Special Provision 156 for exception from the HMR.
The answer is no if the package contains friable and non-friable asbestos. As provided in § 172.102, Special Provision 156, asbestos immersed or fixed in a natural or artificial binder is not subject to the HMR. The wetting agents you describe are not natural or artificial binders. The effects of the wetting agents may be temporary and do not meet the provisions and intent of Special Provision 156. Therefore, unless the material is immersed or fixed in a natural (such as mineral ore) or artificial binder (such as cement, plastic, asphalt or resin), or is contained in a manufactured product whereby it is no longer friable, it is regulated under the HMR.
I hope this information is helpful. Please contact this office if you have additional questions.
Sincerely,
Hattie L. Mitchell
Chief, Regulatory Review and Reinvention
Office of Hazardous Materials Standards
Regulation Sections
| Section | Subject |
|---|---|
| 172.102 | Special provisions |