National Emission Standards for Hazardous Air Pollutants for Asbestos: Notice of Final Approval for an Alternative Work Practice Standard for Asbestos Cement Pipe Replacement, 26852-26866 [2019-12085]

Agencies

• ENVIRONMENTAL PROTECTION AGENCY

[Federal Register Volume 84, Number 111 (Monday, June 10, 2019)]
[Notices]
[Pages 26852-26866]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-12085]


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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OAR-2017-0427; FRL-9994-29-OAR]
RIN 2060-AT73


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

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice; final approval.

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SUMMARY: This document announces our approval of an alternative work 
practice (AWP) under the Clean Air Act (CAA) in response to a request 
to use new technology and work practices developed for removal and 
replacement of asbestos cement (A/C) pipe, which is regulated under the 
National Emission Standard for Hazardous Air Pollutants (NESHAP) for 
Asbestos. This approval specifies the operating conditions, 
notifications, work practices, disposal, recordkeeping and reporting 
requirements that must be followed to demonstrate compliance with the 
NESHAP for Asbestos and the approved AWP.

DATES: The AWP request for the use of close tolerance pipe 
slurrification (CTPS) for replacement of A/C pipes is approved as of 
June 10, 2019.

ADDRESSES: The U.S. Environmental Protection Agency (EPA) has 
established a docket for this document under Docket ID No. EPA-HQ-OAR-
2017-0427. All documents in the docket are listed on the https://www.regulations.gov/ website. Although listed, some information is not 
publicly available, e.g., Confidential Business Information 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 form. Publicly 
available docket materials are available either electronically through 
https://www.regulations.gov/, or in hard copy at the EPA Docket Center, 
Room 3334, 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., 
Eastern Standard Time, 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.

FOR FURTHER INFORMATION CONTACT: For questions about this final action, 
contact Mr. Korbin Smith, Sector Policies and Programs Division (D243-
04), Office of Air Quality Planning and Standards, U.S. Environmental 
Protection Agency, Research Triangle Park, North Carolina 27711; 
telephone number: (919) 541-2416; fax number: (919) 541-4991; and email 
address: [email protected].
    For questions about the applicability of this action, contact Mr. 
John Cox, Office of Enforcement and Compliance Assurance, U.S. 
Environmental Protection Agency, WJC South Building, 1200 Pennsylvania 
Avenue NW, Washington, DC 20460; telephone number: (202) 564-1395; and 
email address: [email protected].

SUPPLEMENTARY INFORMATION: 
    Acronyms and abbreviations. We use multiple acronyms and terms in 
this document. While this list may not be exhaustive, to ease the 
reading of this document 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
AD applicability determination
ASTM American Society for Testing and Materials
ASU Arizona State University
AWP alternative work practice
CAA Clean Air Act
CFR Code of Federal Regulations
CIPP cured-in-place pipe
CTPS close tolerance pipe slurrification
EPA Environmental Protection Agency
HDD horizontal directional drill
HEPA high efficiency particulate air
NESHAP national emission standards for hazardous air pollutants
OSHA Occupational Safety and Health Administration
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 document is 
organized as follows:

I. Background
    A. Summary
    B. How do I obtain a copy of this document and other related 
information?
    C. What is the Asbestos NESHAP and how does it regulate removal 
of A/C pipe?

[[Page 26853]]

    D. For A/C pipe replacement, what conventional work practices 
comport with the Asbestos NESHAP?
    E. How is an AWP approved?
    F. Upon what alternative did the EPA solicit comments?
II. What comments were received on the AWP, and what are the EPA's 
responses to them?
    A. Comments Regarding Whether the EPA has Met Its Regulatory 
Requirements for Alternative Approval and Equivalency Determination
    B. Comments Regarding the Supervisor Requirements for the CTPS 
AWP
    C. Comments Regarding the Technical Procedure
    D. Comments Regarding the Comparison Between CTPS and Other Pipe 
Replacement Procedures
    E. Comments Regarding Inspection Requirements
    F. Comments Regarding Training and Certification
    G. Comments Regarding Notifications, Recordkeeping, and 
Reporting Requirements
    H. Comments Regarding Use of CTPS in Various Soil Types
    I. Comments Regarding Slurry, Its Management, and Disposal
    J. Comments Regarding Future Status of the New Pipe and Skim 
Coat
    K. Other Comments
III. What are the EPA's decisions on suggested changes to the AWP?
    A. Changes to the Notification, Reporting, and Recordkeeping 
Requirements
    B. Clarifications to the Process Description
    C. Conducting a Thorough Inspection of A/C Pipe
    D. Changes to the Sampling and Analysis Requirements
    E. Decontamination Procedures
    F. Clarification to Disposal Requirements
IV. What is the approved AWP for replacement of A/C pipe?
    A. What are the results of the EPA's review of the CTPS AWP?
    B. What inspection, operation, and maintenance requirements 
would apply?
    C. What notification, recordkeeping, and reporting requirements 
would apply?
    D. The CTPS Technique for A/C Pipe Replacement
    E. Sampling, Testing, and Utility Map Notation Requirements
    F. Trackable Pipeline Requirements
    G. Slurry Removal, Containment, Labeling, and Transportation 
Requirements
    H. Disposal Requirements
    I. Equipment Decontamination or Disposal
    J. Application of Asbestos NESHAP Requirements

I. Background

A. Summary

    In a Federal Register document dated April 25, 2018 (83 FR 18042), 
the EPA provided public notice and solicited comment on a request under 
the CAA's Asbestos NESHAP for the use of an AWP used for replacement of 
A/C pipes. As explained in the notice, A/C pipes throughout the U.S. 
are aging and weakening, causing ruptures that waste fresh water; 
infiltrate and overburden publicly operated treatment works (POTWs); 
and pollute ground water when wastewater leaks into subsurface soils, 
streams, lakes, rivers, and oceans.
    Because A/C pipes may be located beneath and beside major roadways 
and structures, and may overlap or lie beneath other utilities (e.g., 
gas, electricity, cable), their replacement can potentially be 
problematic, especially in high density residential, industrial, and 
urban areas. These A/C pipes are potentially subject to regulation 
under the Asbestos NESHAP when they are replaced.
    Categories and entities potentially affected by this action include 
those listed in Table 1 of this document.

Table 1--NESHAP and Industrial Source Categories Potentially Affected by
                            This Final 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, pipeline,           237990
 sewer installation)....................................
Pipe fitting contractors................................          238220
Power, communication and pipeline right-of-way clearance          238910
 (except maintenance)...................................
Pipeline transportation (except crude oil, natural gas,           486990
 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 potentially affected by this final 
action. To determine whether your asbestos cement (A/C) pipe 
replacement project (ACPRP) would be affected by this final 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 final action, please contact the 
appropriate person listed in the preceding FOR FURTHER INFORMATION 
CONTACT section of this document.

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

    The docket number for this final 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 final 
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.

C. What is the Asbestos NESHAP and how does it regulate removal of A/C 
pipe?

    The Asbestos NESHAP is a set of work practice standards prescribed 
for the handling, processing, and disposal of asbestos-containing 
materials (ACM), and designed to minimize the release of asbestos into 
the atmosphere. Asbestos is a known human carcinogen and the primary 
route of exposure is through

[[Page 26854]]

inhalation of asbestos fibers. The EPA's intention in the Asbestos 
NESHAP 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. If dry ACM can be crumbled, pulverized, or crushed to powder by 
hand pressure, it is considered friable. The potential for exposure to 
asbestos fibers is directly linked to the ACM potential to become 
friable, and then airborne. More information on the health effects of 
asbestos may be found at https://www.epa.gov/asbestos/learn-about-asbestos#effects. For more information on the Asbestos NESHAP and how 
it applies to A/C pipe, please see the 1990 Asbestos NESHAP amendments 
(55 FR 48406, November 20, 1990) and the document published on April 
25, 2018 (83 FR 18042).

D. For A/C pipe replacement, what conventional work practices comport 
with the Asbestos NESHAP?

    Asbestos Cement pipes are conventionally remediated in one of three 
ways: Cured-in place pipe (CIPP) lining, abandoned in place, and open 
trenching. The CIPP lining is used only on pipes that are still in good 
condition, and strong enough to withstand the daily pressures of their 
intended use. The CIPP lining is sprayed on the interior of unbroken, 
inline pipes, and is used to extend the useful life of the pipe. More 
information on various CIPP linings, formulation, and application is 
available in the docket to this document. Asbestos cement pipes may 
also be abandoned in place, with the new pipeline laid in a separate 
area. The EPA issued an applicability determination (AD) on A/C pipes 
that are abandoned in place, which is available in the docket for this 
document.
    Open trenching is the practice under which the entire A/C pipe is 
excavated and open to the ambient air. After excavation, the A/C pipe 
is wet-cut into 6- and 8-foot sections using a snap cutter or similar 
tool, wrapped for containment, and removed for disposal. For more 
information on snap cutters and similar tools, see ``Asbestos Pipe 
Safety Awareness and Compliance'' and ``Updated Procedures for Cutting 
and Handling Asbestos Cement Pipe Client Revision City of Richmond Nov 
2008,'' available in the docket for this action. Guidance documents on 
open trenching work practices that comply with the Asbestos NESHAP have 
been developed by state and municipal agencies and are included in the 
docket for this document for reference. The AWP was compared to open 
trenching because open trenching was the only conventional work 
practice that involves the replacement of A/C pipe.

E. How is an AWP approved?

    As explained at proposal, the 40 CFR part 61 General Provisions 
include what the EPA must determine in order to approve an alternative 
means of emission limitation. At 40 CFR 61.12(d)(1) and (2), the 
General Provisions require that the alternative 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 should review applications for prior 
written approval of an alternative emission control and waste treatment 
method. 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).'' Before approval may be granted for an AWP under 
40 CFR 61.150(a)(4), 40 CFR 61.149(c)(2) explains that a written 
application must be submitted to the Administrator demonstrating that 
the following criteria are met: (1) The alternative method will control 
asbestos emissions equivalent to currently required methods; (2) the 
suitability of the alternative method for the intended application; (3) 
the alternative method will not violate other regulations; and (4) the 
alternative method will not result in increased water pollution, land 
pollution, or occupational hazards.

F. Upon what alternative did the EPA solicit comments?

    As stated in the proposal document at section V. Request for 
Comments, the EPA solicited 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.

II. What comments were received on the AWP, and what are the EPA's 
responses to them?

    The EPA received several comments that resulted in changes to the 
AWP from proposal. We are responding to some of the most significant 
comments in this document, including those comments that resulted in 
changes to the AWP. Comments not appearing in this document are 
included in the Responses to Comments Document available in the docket 
(Docket ID No. EPA-HQ-OAR-2017-0427).

A. Comments Regarding Whether the EPA Has Met Its Regulatory 
Requirements for Alternative Approval and Equivalency Determination

    Comment: Several commenters stated that the CTPS AWP is a safer and 
more efficient way to remove and replace A/C pipe, that it was likely 
to be better than open cut, more economical, and safer for the 
environment. One commenter added that he and his family have been in 
the underground pipe replacement business since the mid-1930's and that 
the CTPS AWP is the safest and most cost-effective way to replace A/C 
pipes. The commenter further offered his advisory services to the EPA 
in furtherance of the CTPS AWP. A commenter stated that the CTPS AWP is 
a less disruptive way to replace and upgrade water and sewer pipes than 
open trench replacement, and that both the environmental and social 
impacts of pipe replacement are reduced by the CTPS AWP. The commenter 
expressed a preference for a trenchless method of pipe replacement in 
their neighborhood.
    Response: The EPA agrees that CTPS, at least in certain scenarios, 
presents a lower potential asbestos exposure than open trenching. Both 
methods meet the Asbestos NESHAP objective to minimize emissions of 
asbestos to the air when asbestos is disturbed. The asbestos materials 
for both methods are maintained in an adequately wet state during 
removal, transportation, and disposal. We agree with the commenter that 
the key to protecting the public health, and minimizing releases of 
asbestos to the atmosphere, is adherence to the work practices. We 
discussed in 83 FR 18047-48 of the April 25, 2018, document many of the 
attributes of CTPS, and we agree with the commenter that the CTPS 
procedure is also less disruptive to the public in general. We also 
note, as we discuss elsewhere in this document, that any applicable 
Occupational Safety and Health Administration (OSHA) personal 
protective equipment requirements (including for employees covered by 
40 CFR part 763, subpart G) remain in effect and are not impacted in 
any way by our approval of this AWP.
    Comment: The EPA received several comments questioning whether we 
met the regulatory requirements under both the General Provisions as 
well as the Asbestos NESHAP for the review and approval of AWPs under 
40 CFR part 61

[[Page 26855]]

standards. Some commenters stated that the EPA should not approve the 
requested alternative because, in the commenters' opinion, the 
alternative did not meet these comparative objectives. One commenter 
was concerned that the CTPS AWP would not meet the Asbestos NESHAP 
requirements for the fourth objective (no increased land pollution) 
because the slurry may leak into the surrounding soils while, by 
comparison, chunks of A/C pipe can be easily picked up from the soil if 
broken or damaged during removal. Another commenter stated that, 
depending on the soil type surrounding the A/C pipe being replaced, the 
CTPS AWP could increase the amount of asbestos-containing waste 
material (ACWM) to be disposed.
    Response: The Asbestos NESHAP authorizes ``[u]se [of] an 
alternative emission control and waste treatment method that has 
received prior approval by the Administrator.'' In addressing the four 
approval criteria listed above, we evaluated (1) if the alternative 
method will control asbestos emissions equivalent to currently required 
methods; (2) if the alternative method is suitable for the intended 
application; (3) if the alternative method will not violate other 
regulations; and (4) if the alternative method will not result in 
increased water pollution, land pollution, or occupational hazards.
    The Asbestos NESHAP does not prescribe a method for pipe 
replacement, but requires that the work practices used to remove, 
contain, and dispose of ACM release no visible emissions (VE) to the 
outside air (or control emissions). We evaluated the alternative and 
found that it meets all requirements for no VE, adequate wetting, waste 
handling, and disposal under the Asbestos NESHAP. Therefore, it 
satisfies the first criteria, that it controls asbestos emissions 
equivalently to the work practices of the standard.
    Second, the CTPS AWP is specifically designed for the intended 
application. The primary consideration of the Asbestos NESHAP is to 
minimize emissions of asbestos to the air, which is accomplished by 
both open trench methods and by the CTPS AWP.
    Third, the CTPS AWP does not violate other regulations, and does 
not supplant any other requirements pertaining to the removal, 
containment, transportation, or disposal of ACWM. We note specifically 
that any applicable OSHA requirements (including for employees covered 
by 40 CFR part 763, subpart G), which protect workers, remain in full 
effect.
    Fourth, we believe use of the CTPS AWP will not result in increased 
water pollution, land pollution, or occupational hazards compared with 
open-trench and replacement, which is not required by the Asbestos 
NESHAP, but has been accepted as a NESHAP-compliant method for A/C pipe 
replacement. We compared the CTPS AWP to open-trench replacement 
because it is the traditional procedure for A/C pipe replacement. The 
CTPS AWP only exposes A/C pipe sections that must be removed before 
replacement using the underground trenchless method. The bentonite clay 
provides a seal on the inner surface area of the annular space (tunnel) 
created by the CTPS equipment train and the surrounding soils, thereby 
trapping the slurry between the pipe perimeter and the soil, while 
preventing ground water intrusion into this closed space. The slurry is 
`squeegeed out' of the close tolerance space between the cavity and the 
new pipe and is removed at the vertical access points. This results in 
lowering the exposure potential to workers and the general public, not 
an increase in the potential exposure. This sealed surface area 
prevents slurry from contaminating the surrounding soils, and the ACM 
(which is made nonfriable by the curing process of the cementitious 
slurry) is not free to migrate to the surface as a result of soil 
movement, such as frost heaves. See the April 25, 2018, document for 
more information on frost heaves, and see the document titled, 
``Bentonite Clay: Properties and Uses,'' in the docket to this action.
    We are including in the docket a study conducted by Arizona State 
University (ASU) on the use of the horizontal direction drill (HDD) 
technique to lay underground pipe. While this was not a `close 
tolerance' study, it does show that the bentonite clay effectively 
seals the annular space between the new pipe and the surrounding soil 
(evaluated in both sandy and clay soils), supports the soils above the 
vacant space, and prevents migration of soils into the space 
surrounding the new pipe. See ``Evaluation of the Annular Space Region 
in Horizontal Directional Drilling Installations.'' Samuel T. 
Ariaratnam, Ph.D., P.Eng., ASU, 2001. The 2001 ASU study also presents 
in Section 2.1 an ``Introduction to Drilling Fluids and Additives,'' 
which explains the properties of bentonite clay and use of both 
bentonite and drilling fluids in the HDD industry.
    Both open trench replacement and the CTPS AWP use water to 
adequately wet the A/C. Additionally, the CTPS AWP uses drilling fluids 
and bentonite clay in suspension underground while the equipment train 
distributes these fluids within the close-tolerance tunnel. As 
explained in 83 FR 18045, the purpose of the Asbestos NESHAP is to 
prevent excessive emissions of asbestos to the ambient air. Because the 
CTPS AWP conducts most of the pipe removal underground, sealing the 
cylindrical cavity before and during replacement with bentonite clay, 
the AWP prevents the migration of asbestos into the surrounding soils, 
and the skim coat (the portion of waste slurry that remains on the 
exterior of the new pipe) that remains is both fixed and nonfriable on 
the new pipe. Additionally, water pollution is reduced when A/C 
wastewater and storm water pipes in poor condition are replaced, 
resulting in a reduction in water pollution; and fresh water is 
conserved when leaking A/C pipes are remediated. For further 
information on the CTPS process, see the document in the Docket to this 
rule, titled ``Guidelines for Replacing Asbestos Cement Pipe by Close 
Tolerance Pipe Slurrification (CTPS),'' Portland Utilities Construction 
Corporation, November 2018. While we considered this document during 
the development of the CTPS AWP, it predates the approval of the AWP. 
Any owner/operator performing the CTPS AWP must follow the guidelines 
stated in IV.D of this document.
    We believe the use of the CTPS AWP will not result in increased 
water pollution, land pollution, or occupational hazards compared with 
open-trench and replacement, which is not required by the Asbestos 
NESHAP, but has been accepted as a NESHAP-compliant method for A/C pipe 
replacement. While open trenching exposes the entire length of A/C pipe 
to the workers and the atmosphere during removal operations, the CTPS 
AWP exposes A/C pipe only at the trenches at the beginning and end of 
the project, and at vertical access points. These areas are at the 
beginning of the ACPRP, the end of the ACPRP, and at a few points in 
between as determined by the pipe depth, soil type (used to estimate 
the drag on the line), knuckles, joints, dropped sections of pipe, or 
broken sections of pipe. Workers are not exposed to the slurry as it is 
underground during pipe replacement and in containment at both the 
vertical access points and the vacuum truck. The slurry is contained 
during transportation, and is disposed of in sealed leak-tight 
containers. However, if workers' clothing or other materials became 
contaminated with slurry, it would need to be treated as ACWM and 
disposed of accordingly (see the definition of ACWM at 40 CFR 61.141).

[[Page 26856]]

For this reason, we recommend workers wear disposable coveralls that 
can be disposed of as ACWM at the end of the ACPRP. We also are 
clarifying that any applicable OSHA requirements (including for 
employees covered by 40 CFR part 763, subpart G), which protect 
workers, remain in full effect. We find that the CTPS AWP will not 
result in increased occupational hazards compared with open trenching 
methods.
    When replacing an A/C pipe with a new pipe of the same size (size-
on-size), the A/C pipe slurry mixture is not significantly impacted by 
the outer soil composition, and that soil type does not play a 
significant role in the amount of ACWM to be disposed of when using the 
CTPS AWP.
    The term `close tolerance' is used to denote that the soil 
displacement is at a minimum for an HDD technology. The volume of waste 
generated using the CTPS AWP is less than that generated using open 
trenching because pipe disposal using open trenching landfills the A/C 
pipe in its unaltered form, so most of the space is taken up by the 
interior open space of the pipe. In comparison, CTPS AWP waste has no 
open, empty spaces, and all ACM waste is compactly disposed in 
containment.
    However, when simultaneously replacing the A/C pipe with a new pipe 
that has a larger diameter (upsizing), the additional soil from the 
perimeter of the old pipe is removed with the slurry while pulling the 
new pipe behind the equipment train. For example, replacing an 8-inch 
old pipe with a 12-inch new pipe would potentially include the soil 
within a 2-inch margin of the old pipe. However, this is a matter of 
pipe size, not soil type; that is, it is dependent upon the size of new 
pipe in relation to the size of the old pipe being replaced.
    The soil displacement would be similar when replacing an A/C pipe 
with a larger pipe using open trenching and, depending on the condition 
of the A/C pipe, could result in a similar amount of ACWM to be 
disposed. For instance, conducting open trenching on an A/C pipe in 
poor condition could easily result in the contamination of all the 
surrounding soil. In that case, the soil surrounding the pipe would 
have to be disposed as ACWM (see 40 CFR 61.150). In such a case, the 
asbestos contaminating the soils would be in a friable state, rather 
than in a nonfriable state as it is with the CTPS procedure. We, 
therefore, think the two methods are generally equivalent in this 
regard.
    We, therefore, believe the CTPS AWP does not result in an increase 
in water pollution, land pollution, or occupational hazards, and that 
it is at least equivalent to open trench replacement procedures for A/C 
pipe replacement.
    Comment: A commenter stated that the EPA improperly allowed 
comparison of the CTPS AWP as demonstrated on a clay pipe, rather than 
on an A/C pipe, which would have more accurately demonstrated the 
effectiveness of the alternative. The commenter noted that the slurry 
from clay pipe does not necessarily re-harden into a non-friable 
material.
    Response: The submitted evidence of the CTPS AWP shows that A/C 
pipe behaves similarly to the way clay pipe behaves (i.e., is ground to 
a fine powder and suspends in slurry with drilling fluids and bentonite 
clay) under the CTPS process. The demonstration on clay pipe in 
Greenville, South Carolina, was used to demonstrate the CTPS procedure 
to the EPA. The slurry sample that was collected, tested, and shown to 
withstand compressive strength tests at 72 and 75 pounds per square 
inch by an independent testing laboratory, was from A/C slurry 
collected from the CTPS AWP as used at an ACPRP in Tennessee.
    Comment: A commenter asked if the emission reduction of friable 
asbestos under the CTPS AWP would be similar or more substantial than 
that obtained by the work practices for the removal and disposal 
practices currently required by the rule.
    Response: We believe the potential for reducing exposure to 
asbestos using the CTPS AWP is similar or at least equivalent to the 
requirements of the existing rule. We discussed the environmental 
benefits of the CTPS AWP in 83 FR 18048. Further, we note that open 
trenching is not a work practice that is required by the Asbestos 
NESHAP, but we compared the CTPS process to open trenching because the 
work practices for open trenching comply with the Asbestos NESHAP 
requirements, and because open trenching is a replacement process, as 
opposed to re-lining or abandoning the A/C pipe in place.
    Comment: We received two comments on the potential for cross-
contamination from the slurry. One commenter surmised that worker 
exposure and potential for carry-home exposure from workers to family 
members would be greater, as compared to open trench removal methods. 
This commenter stated, ``Anyone who works with slurry understands that 
this process is inherently messy. Slurry finds holes in its containment 
vessels, it splashes onto workers when being handled, and gets onto 
surrounding grounds and equipment even when there are no leaks in the 
containment process. Slurry dries on the clothes of workers, on the 
ground and on the equipment used to manipulate it--all of which needs 
to be thoroughly cleaned before the project is shut down at the end of 
each shift.'' Another commenter added, ``When an item contacts the 
asbestos-containing slurry, it becomes a potential sources of future 
asbestos fiber release if and when the slurry hardens,'' adding that 
later decontamination measures increase the potential for exposure to 
asbestos. This commenter added that aggressive removal techniques such 
as hammering, abrading, and sawing are often used to remove ACM from 
surfaces, and that these methods also increase the potential for future 
exposure when conducted in uncontrolled conditions.
    Response: As with any activity involving asbestos, precautions must 
be taken to prevent contamination of workers and equipment. With the 
exception of the trenches at the beginning and end of the project, and 
at vertical access points, the slurry is not accessible to workers, 
because it is an underground replacement process. The slurry is not in 
contact with workers under normal operating conditions, and all 
asbestos is maintained in an adequately wet slurry at all points where 
the slurry contacts the outside air. However, if workers' clothing or 
other materials became contaminated with slurry, it would need to be 
treated as ACWM and disposed of accordingly (see the definition of ACWM 
at 40 CFR 61.141). For this reason, we recommend workers wear 
disposable coveralls that can be disposed of as ACWM at the end of the 
ACPRP.
    Persons conducting ACPRPs using the CTPS AWP may choose to either 
decontaminate the equipment so that no ACM remains within or on the 
equipment after each ACPRP, or may use disposable linings/containers 
that prevent slurry from coming into direct contact with machinery, 
that are disposed of as ACWM. We recommend that excess wash water be 
properly disposed of in containment, or filtered before being allowed 
to be discharged as wastewater and that the filtrate be placed in 
containment and disposed of with other ACWM at the disposal facility. 
All work practices must be consistent with those required by the 
Asbestos NESHAP. For additional information on decontamination see 
section III.E below.
    We note specifically that any applicable OSHA requirements 
(including for employees covered by 40 CFR part 763, subpart G), which 
protect workers, remain in full effect.
    Any decontamination effort must comply with the Asbestos NESHAP

[[Page 26857]]

work practices, as, for example, any regulated asbestos-containing 
material (RACM) and ACWM must be kept adequately wet (see 40 CFR 
61.145(c)(6) and 40 CFR 61.150(a)(1)). Furthermore, any owner/operator 
of a subsequent renovation operation that disturbs this asbestos-
containing skim coat (the portion of waste slurry that remains on the 
exterior of the new pipe) above the regulatory threshold would need to 
comply with the Asbestos NESHAP. Therefore, we disagree with the 
commenter that the potential for asbestos exposure is greater using 
CTPS than for open trenching.

B. Comments Regarding the Supervisor Requirements for the CTPS AWP

    Comment: The EPA received a comment asking if a trained asbestos 
supervisor is still required to be onsite during the entire CTPS ACPRP.
    Response: The onsite supervisor requirements of the NESHAP are not 
changed in any way under the action to approve the CTPS AWP. See 40 CFR 
61.145(c)(8). Therefore, a trained asbestos supervisor must still be 
onsite during the entire time A/C pipe is being replaced.

C. Comments Regarding the Technical Procedure

    The EPA received a number of comments questioning the effectiveness 
of CTPS to abate A/C pipe. Some of these commenters made suggestions to 
improve the work practice.
    Comment: One commenter suggested that, for excavation of vertical 
access points, the EPA expand on these requirements. Specifically, the 
commenter suggested we change the requirement, ``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.'' The commenter suggested 
the following language: ``The owner/operator should avoid to the extent 
feasible, crumbling, pulverizing, or reducing to powder A/C pipe during 
the excavation of vertical access points. Water and suction, hand 
digging with shovels, or similar methodologies that do not crumble, 
pulverize, or reduce to powder A/C pipe should be used to uncover the 
A/C pipe as is needed to perform the CTPS process.''
    Response: We accept the commenter's suggested edits with one minor 
edit in which we change the first sentence to read ``The owner/operator 
must avoid to the extent feasible, crumbling, pulverizing, or reducing 
to powder A/C pipe during the excavation of vertical access points.'' 
We agree that the added specificity better describes how to achieve our 
intended requirement that A/C pipe not be disturbed during the digging 
out of these access points, and is consistent with current work 
practices, which use backhoes to excavate around the trench, but hand 
shovels, small tools, brooms, and water to expose the A/C pipe at 
vertical access points. We further note that the language `as is 
needed' clarifies that digging of the entire trench using hand shovels 
is not needed, but is used to expose the A/C pipe for removal.
    Comment: A commenter surmised that the cost of disposal of the 
slurry would be greater than the cost of disposal of intact A/C pipes 
because the A/C pipe slurry would present an increase in ACWM volume 
and waste, and that, by extension, landfill issues, including capacity 
at existing landfills and disposal costs would be higher than for A/C 
pipe. This commenter believes the slurry would take up more space in 
the landfill than whole pipe because the landfill crushes the A/C pipe 
after it is received, thereby reducing its volume.
    Response: Cost and increased waste volume are not among the 
equivalency determination factors that must be weighed by the EPA to 
determine equivalency with the standard. Increased waste volume is not 
land pollution because the waste is managed to prevent exposure, which 
is not the case with land pollution. Because this is an alternative 
work practice and not a mandated requirement, the relative costs are 
not at issue.
    Comment: Two commenters asked questions regarding the applicability 
of the AWP to the circumstances of the ACPRP, such as preparation of 
the site and the size of pipe that CTPS may be used to replace.
    Response: The standard industry practice is to mark existing 
utilities at the surface using flag markers on yards and soil, and ink 
on pavement and other impervious surfaces. The size pipe that may be 
replaced depends upon the size of the equipment train that may be used. 
At this time, the equipment train is available to install pipes up to 
24 inches in diameter. Therefore, at this time, CTPS may be used to 
replace pipes up to 24 inches in diameter. It is possible that in the 
future, larger pipe sizes may be able to be replaced using CTPS if 
equipment trains of sufficient size become available. Large pipe 
replacement can be completed with CTPS by using a larger HDD rig with 
the correct drill stem rotation speed.
    Comment: A commenter suggested that the EPA specify the criteria or 
specific technique that must be used to ensure that no ACM contacts the 
inside of the new pipe.
    Response: All new pipes are pressure rated and have a seal system 
that will not allow outside material to come in. All pipe pulling caps 
are sealed the same way to prevent slurry material from entering the 
pipe. All drilling fluid pressure is relieved through the slurry relief 
holes to prevent drilling fluid pressure build up. While this is 
standard industry practice, and the trenchless industry has used sealed 
pipe for many years, nevertheless, we are adding these criteria to the 
description of the AWP to improve the work practice.
    Comment: Two commenters addressed the issue that a common 
decontamination technique is to use excess water to wash ACM from all 
equipment, and that this water would have to be collected and disposed 
of as ACWM along with any other contaminated materials. A third 
commenter added that, based on his experience with developing 
decontamination procedures, decontamination of the vacuum truck would 
be extremely complicated if asbestos was a contaminant in the debris/
sludge. A fourth commenter recommended that the AWP address handling of 
the slurry residue that may remain in or on the vacuum truck, truck 
cleaning, and disposal of any wash water.
    Response: Persons conducting ACPRPs using the CTPS AWP may choose 
to either decontaminate the equipment so that no ACM remains within or 
on the equipment after each ACPRP, or may use disposable linings/
containers that prevent the slurry from coming into direct contact with 
machinery, that are then disposed of as ACWM. We recommend that excess 
wash water be contained and filtered before being allowed to be 
discharged as wastewater and that the filtrate be placed in containment 
and disposed of with other ACWM at the disposal facility. All work 
practices must be consistent with those required by the Asbestos 
NESHAP. For additional information on decontamination see section III.E 
below.

D. Comments Regarding the Comparison Between CTPS and Other Pipe 
Replacement Procedures

    Comment: One Commenter stated that the EPA's statement in the 
proposal document that no AWPs for the replacement of A/C pipes have 
yet been approved, leaves the impression that open trenching and pipe 
bursting are not approved by the EPA for asbestos emission control in 
the replacement of

[[Page 26858]]

A/C pipes, and that such conduct would be a violation of the Asbestos 
NESHAP. Another commenter asked if other alternative pipe replacement 
methods, such as pipe reaming and pipe bursting, are allowed as a 
result of the approval of the CTPS AWP.
    Response: No approval is needed for a work practice under the 
Asbestos NESHAP as long as that work practice comports with the 
existing requirements of the rule. Where a potential work practice 
would depart from any part of the existing rule for a regulated 
activity, 40 CFR 61.12(d) explains how the EPA may approve an AWP, and 
such approval would be required in advance of using the potential AWP. 
The EPA has previously determined that when the work practices for open 
trenching are adhered to, this practice conforms to the work practice 
requirements of the rule. We have neither approved pipe bursting nor 
pipe reaming as AWPs to replace A/C pipe. Any ACPRP such as pipe 
bursting or pipe reaming that exceeds the threshold amounts of RACM 
would be required to follow the appropriate NESHAP provisions, 
including the standards for active waste disposal sites at 40 CFR 
61.154 and the inactive waste disposal site standards at 40 CFR 61.151 
if any RACM is left in the ground.

E. Comments Regarding Inspection Requirements

    The EPA received inquiries regarding what inspection requirements 
would apply to ensure the work practices were completed correctly.
    Comment: Two commenters asked the EPA to clarify the work practices 
to be used when a thorough inspection reveals that sections of the A/C 
pipe to be replaced have been crushed or are otherwise obstructed so 
that the CTPS equipment train is unable to encompass all of the A/C 
pipe it is replacing. The commenter supported the comment with 
rationale from a letter dated August 7, 2015 (available in the docket), 
which stated, ``As to inspections for asbestos and asbestos containing 
materials--EPA would expect an owner/operator to follow the steps 
described in Sections 1 through 5 and Section 8 in ASTM E2356-14 
`Standard Practice for Comprehensive Building Asbestos Surveys.' '' The 
commenter explained that the EPA would not accept the Limited Asbestos 
Screen (i.e., Practice E2308) as a substitute for the Comprehensive 
Building Asbestos Survey and does not consider the Limited Asbestos 
Screen as a thorough inspection. The Limited Asbestos Screen may be 
used to inform a thorough inspection, and can give an inspector an idea 
of what structures are most likely to contain ACM. However, its use is 
not a substitute for an inspection. American Society for Testing and 
Materials (ASTM) E2356-14, ``Standard Practice for Comprehensive 
Building Asbestos Surveys,'' is used for building surveys to help 
determine the presence of asbestos in many different types of building 
materials.
    Response: Pipes are specific facility components, not complete 
buildings. In buildings, some materials are often not known to be 
asbestos containing until after inspection, sampling, and analysis. 
With ACPRPs, there are only a few different types of pipes used for 
water handling, and A/C pipe is readily distinguishable from the other 
types.
    By the time the ACPRP is started, the location of the A/C pipe is 
known. For both safety and ease, when the A/C pipe to be replaced is a 
confined space, or is less than 6 feet in diameter, standard industry 
practice for underground pipe replacement projects is for the owner/
operator to use robotic cameras and videography to determine the 
location of the pipe, including all sections of A/C pipe. The cameras 
are mounted on robotics that are controlled remotely by the owner/
operator. The camera makes a video recording of the interior of the 
pipe, and records its location within the pipe in feet and inches (or 
meters and centimeters); stopping and examining all suspicious areas to 
record the size, depth, and character of any pipe abnormality. This 
video enables the owner/operator to precisely locate any areas of 
interest in the pipeline from an above-ground location. This video is 
then referred to as needed by the owner/operator while conducting the 
ACPRP and must be made available to the on-site supervisor and/or 
inspector immediately upon request.
    Thus, for the pipe inspection, the positive identification of ACM 
is accomplished by the remote videography. This is not analogous to 
ASTM E2356-14, for building inspections which guides the inspector 
through sampling of suspect ACM building materials (where the presence 
and/or type of asbestos is not yet known).
    A thorough inspection must be conducted as part of the planning of 
a successful ACPRP. A leaking pipe is not necessarily one that is 
crushed or otherwise structurally compromised. The EPA's intent is for 
the owner/operator to use open trenching to remove sections of pipe 
that are no longer in the area encompassed by the cylindrical volume 
that the CTPS train will retain in the slurry, or that will impede the 
normal passage of the CTPS equipment train through the pipe.
    However, it is unlikely that sections of pipe are collapsed in an 
active pipeline that is being replaced because all pipe most likely has 
been repaired if there were any collapsed sections. (The gravity sewer 
would back up if it had collapsed and water would be bursting out of 
the ground from force main pipes if there was a collapse.)
    Once inspection has occurred (which is completed before CTPS is 
used) the owner/operator knows the location, diameter, and length of A/
C pipe sections to be replaced. These inspections identify areas of the 
pipe that may be compromised (crushed, off-center, broken) and the 
inspection is compared to existing utility records, the records are 
updated, and after pipe replacement, the records are saved 
electronically and/or in paper format for future maintenance 
activities.
    In this final document, we are also clarifying the difference 
between an inaccessible section of pipe, and an obstructed section of 
pipe. An inaccessible section of pipe is one that is overlain by 
buildings or other installments that cannot be moved, and that prevents 
or significantly impedes access to the pipe and replacement using open 
trenching procedures. Roads and sidewalks do not necessarily create a 
situation where a pipe is inaccessible. An obstructed pipe is one that 
has section(s) that are structurally compromised to the point that they 
may cause or contribute to a malfunction of the HDD equipment for the 
CTPS AWP.
    The EPA is, therefore, clarifying the above language to indicate 
what types of situations require removal of the pipe using other 
techniques before CTPS can be implemented. Obstructions that would 
impede or prevent the progress of the CTPS equipment train through the 
pipe passageway must be removed using open trenching or another method 
compliant with Asbestos NESHAP requirements (such as abandon in-place) 
before the CTPS AWP can be used. However, when obstructions occur at an 
inaccessible location (such as beneath a building) a different approach 
may be needed to complete the ACPRP (such as sealing off the old pipe 
and rerouting new pipes around the structure, or using HDD to lay a new 
pipeline beneath the structure).
    Comment: Citing applicability determination index (ADI) A-150001, 
commenters asked how a thorough inspection is done. One of these 
commenters suggested the ASTM E2356-14, ``Standard Practice for 
Comprehensive Building Asbestos Surveys,'' should be used to

[[Page 26859]]

demonstrate that a thorough inspection has taken place. Another 
commenter stated that the alternative should consider what work 
practices must be done when crushed or broken pipe, possibly 
contaminating soil, is found onsite during an ACPRP.
    Response: As explained in the April 25, 2018, document for the CTPS 
AWP (83 FR 18042, 18050): ``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.''
    In a previous AD from the EPA on August 7, 2015, the EPA discussed 
what constitutes a thorough inspection. In that AD, the EPA stated, 
``When EPA promulgated the regulations, the Agency elected not to 
define `thorough inspection' at Sec.  61.145(a) and did not provide a 
definition at Sec.  61.141. The EPA did not adopt a `one-size fits all' 
approach in order to accommodate the wide variety of techniques and 
practices that can be used to locate and identify asbestos and 
asbestos-containing materials used in the construction industry.''
    Additionally, this AD cited an ASTM standard for thorough 
inspection of buildings and building components. The purpose of these 
inspections is to identify all ACM in a building or building 
components, for the purposes of demolition or renovation. The EPA does 
not see the inspection guidance for buildings as relevant, because its 
use is to identify ACM in buildings before demolition or renovation 
where the building materials are unknown. For the CTPS AWP, the pipe 
has already been identified as asbestos-containing, and the decision to 
consider using the CTPS AWP as a replacement technique would already be 
under consideration. Therefore, the inspection guidance for buildings 
is irrelevant.
    In our observation of the demonstrated CTPS AWP in Greenville, 
South Carolina, the operator of the ACPRP maintained a video of the 
pipe inspection that was conducted in advance of the actual pipe 
replacement work, and referred to it periodically during the ACPRP work 
as that work progressed. We are requiring owners/operators who use the 
CTPS AWP to save a video of the pipe inspection and make it available 
at the ACPRP work site for reference as needed by inspectors, owners, 
and operators during the ACPRP work. The recorded inspection must be 
made available for use during the replacement work so that workers can 
know the exact location of any structurally compromised areas of pipe 
during the replacement process. The EPA is clarifying that a thorough 
inspection of the A/C pipe under the CTPS AWP is a visual inspection, 
conducted using remote robotic technology, of the entire length of pipe 
to be replaced, and identifies any areas of the pipe that are 
obstructed to the point that the CTPS equipment train cannot pass 
without instigating a malfunction as a result of the pipe's condition. 
In the event an A/C pipe has been obstructed to the point that the CTPS 
equipment train cannot pass through, the owner and operator must follow 
appropriate work practice standards in the Asbestos NESHAP such as open 
trench or abandon in place techniques.

F. Comments Regarding Training and Certification

    The EPA received several inquiries as to the source and extent of 
training opportunities for using the CTPS AWP, and what inspection 
requirements would apply to ensure the work practices were completed 
correctly.
    Comment: One commenter asked what training is provided to and 
required for owners/operators planning to use the CTPS AWP for ACPRPs.
    Response: The onsite supervisor requirements of the NESHAP are not 
changed in any way under the action to approve the CTPS AWP; therefore, 
a trained asbestos supervisor must still be onsite during the entire 
time A/C pipe is being replaced. Appropriate training and certification 
should be conducted prior to the use of the CTPS AWP. Additionally, a 
document titled ``Close Tolerance HDD AC Pipe Replacement Process,'' is 
available in the docket.

G. Comments Regarding Notifications, Recordkeeping, and Reporting 
Requirements

    Comment: One commenter asked the EPA to clarify how the 
notification requirements of 40 CFR 61.145 apply to the CTPS AWP. This 
commenter suggested that the global positioning system coordinates of 
the ACPRP using the CTPS AWP be included in the notification form that 
must be submitted for the project.
    Response: For any ACPRP using the CTPS AWP, the 6-digit coordinates 
for the latitude/longitude coordinates must be recorded. We agree with 
the commenter that this information can be added at no additional 
burden to the notification and submitted to authorities with the rest 
of the information in the notification under 40 CFR 61.145(b) and noted 
also in the utility records.
    Comment: A commenter asked if notification practices when using the 
CTPS AWP should be different than are currently required by the 
Asbestos NESHAP. The commenter stated that the docket does not include 
information that justified a different notification practice, that is, 
when more than 260 linear feet of A/C pipe is replaced. This commenter 
stated that while the document includes several recordkeeping 
requirements, it does not describe the purpose of each. The commenter 
stated that understanding their purpose would provide a clearer idea of 
what information to collect and how it should be stored. Another 
commenter stated that they support the application of the other 
Asbestos NESHAP requirements, including notification requirements.
    Response: The notification practices of the Asbestos NESHAP are not 
changing. The standard notification for a renovation or demolition 
operation includes the location of the activity (40 CFR 61.145(b)(4)). 
Because ACPRPs are not necessarily located at a specific address (as is 
a building slated for demolition), the EPA has tailored this existing 
notification requirement for the location of the ACPRP to be identified 
using 6-digit latitudinal/longitudinal coordinates. The 6-digit 
latitude/longitude coordinates of each ACPRP conducted using CTPS AWP 
are included in the notification so that inspectors can locate and 
identify pipes that have been replaced using this technique.
    In terms of recordkeeping, this final document has updated the 
requirements for the CTPS AWP after consideration of the comments. 
Under the CTPS AWP, the owner/operator is required to record waste 
shipment records (as already required by 40 CFR 61.150(d)), records of 
the standard operating procedures for the certain key equipment, and 
malfunction records (if applicable). The owner (typically the state or 
municipality) is also required to record the certificate from each 
sample friability test.
    The requirement to record waste shipment records is consistent with 
the NESHAP and accounts for all ACWM. These records are used to certify 
that the proper steps were taken in disposal of ACWM. Records regarding 
the standing operating procedure are used to provide consistency 
through the ACPRP, as well as document equipment used to show 
compliance with the requirements of the AWP. Malfunction records allow 
the review of any malfunction events as well as how each malfunction 
was

[[Page 26860]]

addressed. Records of malfunction are important to show the scope of 
the malfunction and verifying that proper steps were taken to correct 
the malfunction. Friability test records provide evidence of the 
friability status of the sample. This is important because it is the 
determining factor for the regulatory status of the remaining skim coat 
(the portion of waste slurry that remains on the exterior of the new 
pipe).
    In this final document, the EPA also removed certain recordkeeping 
requirements that appeared in the April 25, 2018, document. The 
recordkeeping requirements in section IV.F.1.a-g of the proposal 
document were removed in the final document: For information on the 
dates, ACPRP location, and amount of pipe, due to overlap with the 
existing notification requirements in 40 CFR 61.145(b)(4); for 
information on the disposal amount, disposal site, and disposal 
manifest, due to overlap with the existing waste shipment record 
required by 40 CFR 61.150(d); and for the amount of slurry generated, 
due to a determination that this detail would not provide significant 
information in assisting with this AWP. Additionally, the requirement 
for the ACPRP report was removed, due to a determination that the 
report would not provide significant information in assisting with this 
AWP beyond the information already available in the notification and 
records.
    Comment: A commenter recommended that the EPA indicate how long the 
owner/operator of a CTPS AWP process is required to maintain the signed 
certificate from the friability test, and suggested it be required to 
be maintained for the lifespan of the newly installed pipe.
    Response: In the April 25, 2018, document, we did not specify the 
period of time the signed certificate of pipe replacement should be 
kept. It is important to know the exact location of all underground 
structures, but because they are not immediately visible, maps are 
maintained by the states and municipalities responsible for their 
maintenance. It is our understanding that state and local agencies 
responsible for their maintenance already keep such records on a 
permanent basis. We are clarifying in this final document that the 
signed certificate of the friability test be kept by the owner 
(typically the state or municipality) for the life of the pipe. In the 
event that the pipe being replaced is privately owned, the owner would 
also be responsible to keep the signed certificate of the friability 
test for the life of the pipe.
    Comment: A commenter recommended that the EPA add to the 
recordkeeping requirements that the owner/operator must make the 
records available to the air quality regulatory authority within a 
certain time period upon request. The commenter also recommends that 
the 2-year retention requirement for the sample of slurry be extended 
to 5 years.
    Response: We are adding a requirement to the AWP that records 
discussed in IV.E of this document, be made available to the regulatory 
authority within 15 days of request. Additionally, we disagree that the 
slurry sample should be kept for 5 years; we believe 2 years is an 
appropriate time period and corresponds to the existing recordkeeping 
period at 40 CFR 61.150(d).

H. Comments Regarding Use of CTPS in Various Soil Types

    Comment: Several commenters asked the EPA to clarify how the soil 
type influences the setup, use, and effectiveness of CTPS AWP. One 
commenter asked if the EPA has characterized the loss of slurry when 
pipes are replaced using the CTPS AWP in different soil types such as 
sandy soils or saturated soils. Another commenter stated that soil 
issues such as pH balance and contaminants are likely to impact the 
ability of the skim coat (the portion of waste slurry that remains on 
the exterior of the new pipe) to harden.
    Response: Bentonite clay (also known as sodium bentonite) lines the 
annular space created by the HDD, and prevents the loss of slurry in 
the CTPS technique. This lining provides a barrier between soil and 
pipe, and, due to its expansion properties, supports the horizontal 
cylindrical space (or tunnel) created as the drill removes the old A/C 
pipe. The use of bentonite clays in suspension in the drilling fluids 
accomplishes two objectives: It holds the tunnel open while the 
equipment train proceeds through, and it prevents the migration of 
fluids, including A/C pipe in suspension, from migrating outside of the 
underground cavity. The bentonite clay lining acts as a sealant, 
providing a barrier between the surrounding soil and any contaminants 
of that soil, and the new pipe upon which the skim coat (the portion of 
waste slurry that remains on the exterior of the new pipe) occurs. The 
composition of the drilling fluids and bentonite clay may be adjusted 
depending on the soil type, depth (pressure), and pipe size to account 
for differences in friction and suspended solids in the slurry. The 
composition is developed on a site-specific basis, and is formulated 
according to soil pH, density, depth, void space (compaction and 
particle size), and abrasiveness. More on the properties of bentonite 
clay and its uses in underground HDD are available in the docket in the 
document titled, ``Bentonite Clay: Properties and Uses.'' More 
information on the adjustment of bentonite clay in solution and the 
ratio of bentonite to drilling fluids is available from the 2001 ASU 
Study, available in the docket, and in training materials.

I. Comments Regarding Slurry, Its Management, and Disposal

    The EPA received several comments asking about the characteristics 
of the slurry and questioning whether the work practices afford 
effective management of the slurry.
    Comment: For the requirements in paragraph 6 of the document 
proposing the AWP, Slurry Characteristics, a commenter asked the EPA to 
clarify requirements from guidelines and noted that the requirement to 
release no VE appears twice in this paragraph.
    Response: We are clarifying that language to read as follows: ``The 
owner/operator would be required to ensure 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.E.2 of this document. The slurry 
must meet the no VE requirements of 40 CFR 61.145 and 61.150.''
    Comment: A commenter asked the EPA to describe the appearance of 
the slurry.
    Response: The slurry looks and behaves like mixed cement during the 
CTPS process; it cures and hardens (or ``sets up'') in 48-56 hours from 
the time of collection, a slightly longer time than it takes to cure 
cement. More information on the appearance of the slurry can be found 
in the docket to this action.
    Comment: One commenter asked if the slurry qualifies as a new use 
of asbestos per 40 CFR 763.163. Another commenter asked the EPA to 
clarify that under no circumstances may the owner/operator use slurry 
from a CTPS ACPRP as cover material at a landfill.
    Response: The slurry must be disposed of in a facility authorized 
to receive ACWM, and it may not be reused or used, including as cover 
in landfills. Thus, the slurry would not qualify as a new use of 
asbestos in an asbestos-containing product under the regulation at 40 
CFR part 763, subpart I.

[[Page 26861]]

    Comment: One commenter asked what keeps the slurry from hardening 
on the way to the landfill? The commenter stated if the hardened 
material contains more than 1-percent asbestos, this would seem to be a 
violation of the Asbestos NESHAP. A second commenter stated that ACWM 
must be disposed of as soon as practical. A third commenter asked what 
is done if the slurry cannot be disposed of before it hardens, and what 
the disposal implications are, specifically for transportation and 
disposal, so that the material will not be regulated prior to disposal.
    Response: The slurry hardens in 48-56 hours. Under 40 CFR 
61.150(b), ACWM must be disposed of as soon as practical. Disposal of 
the slurry should be completed within 24 hours, so that the slurry 
hardens at the disposal site. If the slurry hardens in the container in 
which it has been collected, it cannot be removed; the collection 
container becomes the disposal container. This would be an undesirable 
outcome from the viewpoint of the owner/operator unless the collection 
container was intended to be disposable, but would conform with the 
requirements of the Asbestos NESHAP that all ACWM be contained at 
disposal. Standard industry practice is to dispose of the slurry at the 
end of each work day to prevent this outcome.
    As we stated in the April 25, 2018, document for the AWP at 83 FR 
18049, ``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.''
    We disagree with the comment that using the AWP would be a 
violation of the Asbestos NESHAP. As we stated in the AWP proposal at 
pages 10846-47, ``All ACWM must be kept adequately wet and sealed in 
leak-tight 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)).'' We continued on page 18047 that, ``The EPA is 
proposing to consider the slurry that is formed by the CTPS AWP for A/C 
pipe to be nonfriable once hardened'' (as determined by hand pressure 
testing on a collected sample), and on page 18048, that, ``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.'' Note that the 
slurry must be disposed of in containment.
    Thus, disposal of the ACWM from the CTPS process does not differ 
from the disposal requirements of the Asbestos NESHAP, including the 
requirement for disposal as soon as practical. Therefore, this is not a 
violation of the Asbestos NESHAP.
    Comment: One commenter stated that the vacuum truck is likely to 
dry the slurry at the top surface, and assuming that the waste is 
friable, dust is likely to be pulled from this surface and released to 
the ambient air during the action of the air moving across the top of 
the debris. Another commenter added that the use of high efficiency 
particulate air (HEPA) filters, required to be used on the vacuum 
trucks handling CTPS AWP ACPRPs, would be beyond what is currently 
required for A/C pipe removal practices.
    Response: The vacuum trucks are enclosed, and the slurry is not 
exposed to the elements at the top. We have added technical literature 
from the underground construction industry to the docket to provide 
additional information on the types of equipment used throughout the 
industry to conduct this work. Testing of the slurry indicates the 
waste is nonfriable. The slurry must be in a wet state at the time of 
disposal, and creating a slurry of ACWM is one way to maintain 
adequately wet materials, as stated in the rule at 40 CFR 
61.150(a)(1)(i). The use of a HEPA filter is not required for this 
standard.
    Additionally, the no VE requirements of the rule have not been 
dismissed by approval of this AWP, so if the slurry were to be friable 
when dry, and if, as the commenter states, the surface of the slurry 
were to dry as a result of the air passing over the upper surface of 
the slurry and cause VE, this would be a violation of the rule, and 
work would have to stop to correct the VE.
    Comment: A commenter surmised that there will likely be no 
information about what types or percentage of asbestos is in the slurry 
or how the skim coat will be regulated.
    Response: The slurry is categorized as ACM. It is noted in utility 
records, which are used whenever pipe maintenance is conducted. 
Presence of ACM is noted, as is the location of each ACPRP using the 
CTPS AWP. This notation serves to inform future maintenance operators 
that the skim coat (the portion of waste slurry that remains on the 
exterior of the new pipe) is potentially regulated under the Asbestos 
NESHAP, depending on the amount of ACM to be disturbed. This practice 
places the relevant information directly into the hands of persons 
responsible for future utility maintenance work.
    Comment: A commenter recommended deletions and clarifications to a 
number of inspection, operation, maintenance, sample collection, 
testing, transportation, and disposal requirements; the commenter also 
offered alternative language if these sections are not deleted.
    Response: We disagree that these sections should be deleted, as 
they are needed to determine that equipment is maintained, pipelines 
are thoroughly inspected, waste is properly transported and disposed 
of, and that the skim coat (the portion of waste slurry that remains on 
the exterior of the new pipe) is nonfriable and, therefore, 
nonhazardous as long as it is properly handled in future pipe 
maintenance work. However, we have reviewed other suggested edits and 
are rephrasing the requirement for ``leak-tight wrapping'' to ``leak-
tight container.''

J. Comments Regarding Future Status of the New Pipe and Skim Coat

    Several commenters asked the EPA to explain the status of the new 
pipe once it has been installed, and what requirements apply to the 
asbestos coating of the new pipe.
    Comment: A commenter asked if the EPA can confirm that the skim 
coat remaining on the new pipe is nonfriable and adheres to the new 
pipe.
    Response: Based on the descriptions of the CTPS train, and 
observations by EPA personnel of the process in operation, as long as 
the steps of this AWP are correctly followed, the remaining skim coat 
(the portion of waste slurry that remains on the exterior of the new 
pipe) will be nonfriable (not be crumbled, pulverized, or reduced to 
powder by hand pressure) and adhere to the new pipe. If the slurry 
sample tests as friable, it is a malfunction, and malfunction 
requirements apply.
    Comment: Three commenters stated that future repairs to the new 
pipe would present the same worker hazards and soil contamination 
issues that exist with A/C pipe.
    Response: New undeteriorated A/C pipe is nonfriable, but most 
ACPRPs are done because deterioration of the pipe has occurred. 
According to testing conducted on samples of A/C pipe slurry, the skim 
coat (the portion of waste slurry that remains on the exterior

[[Page 26862]]

of the new pipe) is nonfriable ACM. Therefore, the skim coat is not any 
worse, but in many cases, is in a better condition that the replaced A/
C pipe. Thus, the pipe that has been replaced using CTPS (so that a 
nonfriable ACM skim coat is present) is not uniquely different from 
undeteriorated A/C pipe, and, therefore, can be treated using similar 
practices. Moreover, the forces that caused deterioration of the old A/
C pipe are no longer acting upon the skim coat, so we continue to 
believe that the skim coat on the new pipe remains in a nonfriable 
state. However, because the skim coat (the portion of waste slurry that 
remains on the exterior of the new pipe) is ACM, it is subject to 
regulation under the Asbestos NESHAP and those work practice 
requirements must be followed whenever repairs or maintenance 
activities that affect a threshold quantity of the pipe's skim coat are 
conducted.
    Comment: Because some ACM remains on the exterior of the 
replacement pipe in the skim coat, one commenter stated ``a majority 
of'' should be added to the process description, so that it reads, the 
CTPS AWP ``removes a majority of A/C pipe while replacing it with non-
asbestos material.''
    Response: We agree with the commenter that the process description 
should provide a more representative description of the process. We are 
revising the process description to read, ``the CTPS AWP removes A/C 
pipe that may be friable and/or in poor condition, while replacing it 
with non-asbestos pipe and a skim coat (the portion of waste slurry 
that remains on the exterior of the new pipe) of non-friable ACM.''

K. Other Comments

    The EPA received other comments on the proposed CTPS AWP, and these 
are addressed in the document, ``Responses to Comments on 83 FR 18042 
Notification of Request for Comments on the Proposed Approval of an 
Alternative Work Practice for Asbestos Cement Pipe Replacement,'' which 
is available in the docket to this document.

III. What are the EPA's decisions on suggested changes to the AWP?

    The EPA is making several changes to the AWP as a result of 
comments received on the April 25, 2018, document, as explained below.

A. Changes to the Notification, Reporting, and Recordkeeping 
Requirements

    The EPA is tailoring the notification requirements for the CTPS AWP 
based on comments received. We are requiring that the 6-digit 
latitudinal and longitudinal coordinates of each ACPRP conducted using 
the CTPS AWP be included on the notification because a street address 
(such as would be included for notification of renovation or demolition 
of a building) does not necessarily apply to an ACPRP. We believe the 
6-digit latitudinal and longitudinal coordinates are analogous to a 
street address and can be used instead of a street address in the 
notification at no additional burden to the owner/operator. The 
latitudinal/longitudinal coordinates can be used by regulatory 
authorities to locate and inspect the ACPRP effectively to ensure the 
work practices are conducted properly, ensure the slurry is managed 
correctly, and verify that all transportation and disposal requirements 
are followed.
    The EPA made changes to the recordkeeping and reporting 
requirements as a result of comments received on the document. In our 
April 25, 2018, document, the proposed AWP required owners/operators to 
include the 6-digit latitudinal/longitudinal coordinates of the ACPRP 
on the utility record notation. In addition to the utility record 
notation, the EPA is requiring owners/operators to include the 6-digit 
latitudinal/longitudinal coordinates of the ACPRP on the notification 
and on any report generated as a result of a malfunction. The purpose 
of this requirement is to ensure that environmental regulatory 
authorities have the correct information on the location of any ACPRP 
conducted using the CTPS AWP for compliance assurance purposes.
    To be consistent with the current requirements of the Asbestos 
NESHAP and in response to comments, we have changed the proposed 
recordkeeping and reporting requirements, as well as removed the 
requirement of an ACPRP report, as discussed in section II.G of this 
document.
    Lastly, the signed friability certificate discussed in section 
IV.E.2 of this document should be kept by the owner (typically the 
state or municipality) for the lifespan of the newly installed pipe. 
The purpose of this requirement is to ensure that the relevant 
information on ACPRPs remains at the ready access of persons 
responsible for the maintenance of the pipe.

B. Clarifications to the Process Description

    The EPA made changes to the AWP as a result of comments received on 
the document. We are revising the process description to read, ``the 
CTPS AWP removes A/C pipe that may be friable and/or in poor condition, 
while replacing it with non-asbestos material and non-friable ACM.''
    The EPA is also clarifying the difference between pipe that is 
inaccessible and pipe that is obstructed. An inaccessible length of 
pipe is one that cannot be directly removed by open trenching due to 
other structures (such as sidewalks, roadways, thoroughfares, 
buildings, and underground utilities) in close proximity to the A/C 
pipe to be replaced. An obstructed length of pipe is one with a section 
that has dropped or collapsed in a way that precludes passage of the 
guide line and/or the CTPS HDD line during the replacement process.
    Additionally, we are requiring owners/operators of the CTPS AWP to 
document on the notification that sealed pipe will be used during the 
ACPRP and that no slurry (which contains ACM) is able to come in 
contact with the inside of the new pipe.
    Lastly, the EPA is clarifying that the original intention of this 
work practice is for the replacement of a A/C pipe with a pipe of the 
same diameter. Due to the nature of close tolerance pipe 
Slurrification, which only uses an HDD chain \1/4\ inch larger than the 
diameter of the new pipe being replaced, there would be minimal soil 
added to the make-up of the slurry. However, if the owner/operator 
chose to ``upsize'' (using a new pipe with a larger diameter than the 
existing A/C pipe), the amount of surrounding soil being added to the 
slurry mixture would vary. In these situations, it is the 
responsibility of the owner/operator to make appropriate changes to the 
recipe of the drilling fluid, resulting in a nonfriable product that 
passes the friability test discussed in IV.E.2. of this document.

C. Conducting a Thorough Inspection of A/C Pipe

    The EPA is adding to the thorough inspection requirements that 
owners/operators of any ACPRP must save a video recording of the 
inspection and make it available at the ACPRP work site for reference 
as needed by inspectors, owners, and operators during the ACPRP work. 
This is the current standard work practice across the underground 
construction industry.

D. Changes to the Sampling and Analysis Requirements

    The EPA is requiring that a slurry sample be made available to the 
air quality regulatory authority within 15 days of the request. In our 
April 25, 2018, notice we stated that owners/operators must store a 
slurry sample

[[Page 26863]]

from each ACPRP using the CTPS AWP procedure for a period of no less 
than 2 years. For compliance assurance purposes, we are adding a 
requirement that this sample must be made available to the air quality 
regulatory authority for inspection within 15 days of request. We are 
also clarifying that the slurry sample be kept by the owner (typically 
the state or municipality). Because the owner is required to maintain 
storage of ACPRP samples, the air quality regulatory authority should 
go to the storage site to examine the slurry sample, rather than to 
request the sample be delivered or mailed; otherwise, the owner would 
no longer be in custody of the slurry sample for a minimum of 2 years, 
as required by this AWP.

E. Decontamination Procedures

    Containment of all ACWM is required under the Asbestos NESHAP. The 
decontamination of equipment used for ACPRPs by the CTPS AWP procedure 
may generate wastewater bearing asbestos fibers. To achieve containment 
of this ACWM, we recommend owners/operators conduct decontamination so 
that all water is contained and filtered before being released to a 
storm water collection system. For more information on potential 
decontamination procedures that can be used to control asbestos-
contaminated wash water, see ``Guidelines for Enhanced Management of 
Asbestos in Water at Ordered Demolitions,'' EPA-453/B-16-002a, July 
2016, which is available at www.epa.gov/asbestos and in the docket to 
this document.

F. Clarification to Disposal Requirements

    The EPA is clarifying the disposal requirements as a result of 
comments received on the proposed document. The EPA is prohibiting use 
of the slurry in any public thoroughfare, in any private use as fill 
material, as cover material at a landfill, or in any other use. The EPA 
is clarifying that, in accordance with the Asbestos NESHAP, the slurry 
must be disposed of as soon as practicable.

IV. What is the approved AWP for replacement of A/C pipe?

A. What are the results of the EPA's review of the CTPS AWP?

    The EPA found that, with some changes, the AWP described in our 
April 25, 2018, proposed document is at least equivalent to the work 
practice in the Asbestos NESHAP. The changes to the AWP in the April 
25, 2018, proposed document are based on comments received as 
previously discussed in sections II and III of this document.
    Based upon our review of the proposed AWP request, the 
demonstrations of the work practice, studies on HDD technology, 
industry guidelines, and written materials including equipment, 
materials, slurry characteristics, testing, and waste specifications; 
we conclude that, by complying with the following list of requirements, 
this CTPS 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 document, 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 
focuses on low-pressure sewer pipes, this AWP is being approved for all 
underground AC pipe replacement projects that properly follow the steps 
of the AWP. While this patented process is one used by the company 
requesting approval of this AWP, an owner/operator may use other 
methods that comply with the guidelines of this AWP, and are not 
required to use the patented process.

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

1. Inspection
    a. Prior to using the CTPS for an ACPRP, the owner/operator must 
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.
    b. Owners/operators of any ACPRP must save a video recording of the 
inspection and make it available at the ACPRP work site for reference 
as needed by inspectors, owners, and operators during the ACPRP work.
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. Records of the standard 
operating procedures must be kept in accordance with section IV.C.2.b 
of this document.

C. What notification, recordkeeping and reporting requirements would 
apply?

    1. If an underground ACPRP meets the applicability and threshold 
requirements under the NESHAP, then the Administrator must be notified 
in advance of the replacement in accordance with the requirements of 
the Asbestos NESHAP at 40 CFR 61.145(b). The owner/operator must note 
the location of the ACPRP on the notification form according to its 6-
digit latitudinal/longitudinal coordinates. See 40 CFR 61.145(b) for 
more information on the notification requirements. Also see 40 CFR 
61.04 for more information on the appropriate entity(ies) to notify on 
behalf of the Administrator. The appropriate entity(ies) are the same 
as the entity(ies) for other typical Asbestos NESHAP notifications 
under 40 CFR 61.145(b), which vary by jurisdiction as 40 CFR 61.04 
explains.
    2. The owner/operator is required to record and maintain for a 
period of 2 years:
    a. Waste shipment records as required by 40 CFR 61.150(d);
    b. Records of the standard operating 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; and
    c. Malfunction records (if applicable):
    i. Records of VE events, including duration, time, and date 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

[[Page 26864]]

point, and the number of openings to the ambient air affected; and
    iii. Records of a failed friability test, resulting in a sample 
that can be crushed, crumbled, or reduced to powder by hand pressure.
    3. The owner (typically the state or municipality) is required to 
record and maintain for the lifetime of the new pipe, and provide to 
the regulatory authority within 15 days of request, the certificate 
from each sample friability test as required by section IV.E.2 of this 
document.
    4. Each owner/operator is required to submit a malfunction report 
to the Administrator after any malfunction occurrence. The malfunction 
report must include the records in section IV.C.2.c of this document. 
The malfunction report must be submitted as soon as practical after the 
occurrence, but in no case later than 30 days. See 40 CFR 61.04 for 
more information on the appropriate entity(ies) to notify on behalf of 
the Administrator. The appropriate entity(ies) are the same as the 
entity(ies) for other typical Asbestos NESHAP notifications or reports, 
which vary by jurisdiction as 40 CFR 61.04 explains.

D. The CTPS Technique for A/C Pipe Replacement

    1. By complying with the following list of requirements, this 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.
2. Pipe at Terminals and Vertical Access Points
    a. At the starting and terminal points, and at designated intervals 
along the length of pipe replacement, sections of pipe are exposed, and 
sometimes cut and removed at the vertical access points (e.g., 
manholes, trenches).
    b. 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. 
Vertical access points (e.g., manholes, trenches) are made at 
designated intervals along the length of pipe replacement for pressure 
relief and access to the A/C pipe to be replaced.
    c. 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.
    d. The owner/operator must avoid to the extent feasible, crumbling, 
pulverizing, or reducing to powder A/C pipe during the excavation of 
vertical 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.
    e. Appropriate measures must be taken to prevent the slurry from 
coming into direct contact with the surrounding soils of the terminals 
and vertical access holes. The EPA recommends the use of plastic 
sheathing, or another type of barrier to prevent the slurry contacting 
the surrounding soil.
3. The CTPS Equipment Train
    a. In order to achieve close tolerance and to minimize the 
thickness of the skim coat (the portion of waste slurry that remains on 
the exterior of the new pipe), the CTPS technique must use an HDD head 
train with a slightly larger (approximately \1/4\ inch) diameter than 
the new pipe.
    b. The CTPS technology must use a heavy duty cutting and wetting 
train, made of hardened carbon steel, which is able to be fed directly 
around the pipe to be replaced.
    c. The cutting head must be drawn around the existing pipe and must 
grind the old A/C pipe to a fine powder using a liquid delivery system 
as described in section IV.D.4 of this document. In order to adequately 
grind the existing A/C pipe into a fine powder, the EPA recommends 
maintaining a minimum speed of 240 revolutions per minute (RPM) for the 
grinding apparatus.
    d. The process must return the A/C pipe to a cementitious slurry 
that is a homogenous mixture and stays adequately wet through disposal 
according the requirements of 40 CFR 61.145.
    e. The owner/operator must ensure that the CTPS train pulls the 
replacement pipe behind it. The new pipe must be sealed to ensure no 
ACM contacts the inside.
4. Requirements for Liquid Delivery
    a. The CTPS HDD train must be equipped with ports to deliver liquid 
materials to the drilling head.
    b. Drilling fluids must be delivered through these ports to reduce 
frictional drag on the line, to lubricate the interface along the soil 
to pipe line, to provide a barrier between the surrounding ground 
water, soil, and rock and the pipe, and to support the close tolerance 
cylindrical void during the pipe replacement process.
    c. Drilling fluid recipe must consist of a lubrication fluid, a 
hole sealing fluid (bentonite clay), and a material suspension fluid.
5. Adequate Wetting and No VE
    a. The owner/operator is required to ensure that no VE are 
discharged to the air from the slurry.
    b. Any opening to the atmosphere along the pipe is a potential 
source of asbestos emissions to the outside (ambient) air.
    c. The owner/operator must ensure that dust suppression equipment 
(i.e., dust suppression apparatus or manual misting) is placed at each 
vertical access point. The EPA recommends using amended water to 
prevent visible emissions at vertical access points.
    d. If a new trench is dug to resolve a malfunction, the owner/
operator must ensure that the new trench is equipped with dust 
suppression and follow the procedure in section IV.D.5.a-c of this 
document.
6. Slurry Characteristics
    a. The owner/operator would be required to ensure that the slurry 
(including the excess slurry that remains as skim coat) 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.E.2 of this document.
    b. The slurry must meet the no VE requirements of 40 CFR 61.145 and 
40 CFR 61.150.

E. Sampling, Testing, and Utility Map Notation Requirements

1. Sample Collection
    a. 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.
    b. A single sample must be collected for each project discharging 
to a single enclosed tank.
    c. The owner/operator must seal the sample in a leak-tight 
container and allow the sample to harden and dry (usually 48-56 hours).
2. Sample Friability Test and Certification
    a. When the sample is hardened and dry, the owner/operator would be 
required to attempt to crush the sample by hand.
    i. 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

[[Page 26865]]

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 (typically the municipality) 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 within 15 days of 
request.
    ii. 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 section IV.C.4 of this document.
    iii. If a malfunction occurs, resulting in friable ACM left along 
the new pipe, the friable ACM must be retrieved and properly disposed 
of, or the site must be treated as an active asbestos waste disposal 
site under 40 CFR 61.154 of the Asbestos NESHAP and, upon closure, must 
comply with 40 CFR 61.151, including a notation on the deed or similar 
instrument as required by 40 CFR 61.151(e).
    b. The sample that cannot be crumbled, pulverized, or reduced to 
powder by hand pressure is nonfriable, and the remaining slurry from 
that pipe replacement operation is likewise nonfriable.
    c. After testing, the owner/operator must ensure that the sample is 
packaged in a leak-tight container 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 (typically the state or 
municipality) for a period of 2 years.
    d. After the 2-year retention period, the sample may be disposed of 
in a landfill authorized to accept ACWM.
    e. A sample of the slurry must be made available to the air quality 
regulatory authority within 15 days of request.
    i. Because the owner (typically the state or municipality) is 
required to maintain storage of ACPRP samples, the air quality 
regulatory authority should go to the storage site to examine the 
slurry sample, rather than to request the sample be delivered or 
mailed, because otherwise, the owner (typically the state or 
municipality) would no longer be in custody of the slurry sample for a 
minimum of 2 years, as required by this AWP.
3. Utility Map Notations
    a. Owner/operators would be required to note utility maps according 
to the actual location identified by the 6-digit latitude/longitude 
coordinates of the newly laid line.
    b. 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 (the portion of waste 
slurry that remains on the exterior of the new pipe) of ACM for future 
work.

F. Trackable Pipeline Requirements

    The owner/operator must ensure that the new pipeline is trackable 
by a locating wire (or other durable trackable material) laid with the 
new pipe.

G. Slurry Removal, Containment, Labeling, and Transportation 
Requirements

    1. The slurry is removed at vertical access points using a vacuum 
attached to a tank (e.g., vacuum truck).
    2. The owner/operator would be required to ensure that the slurry 
remains in an adequately wet state during the slurrification process 
and in containment throughout the removal, transportation, and disposal 
processes meeting the requirements of 40 CFR 61.145 and 40 CFR 61.150.
    3. All slurry produced as a result of conducting an ACPRP using the 
CTPS AWP must be labeled and transported in accordance with the 
corresponding requirements of 40 CFR 61.145 and 40 CFR 61.150 in the 
Asbestos NESHAP. The only slurry that may remain is the skim coat on 
the new pipe from that ACPRP. This skim coat is not subject to the 
removal and disposal requirements (subject to confirmation as 
nonfriable by the friability test), if left undisturbed in the ground.

H. Disposal Requirements

    The following requirements apply to disposal of the slurry 
resulting from an ACPRP conducted using the CTPS AWP:
    1. The slurry must be disposed of in slurry form and placed in leak 
tight containers in a landfill authorized to accept ACWM and meeting 
the requirements of 40 CFR 61.154.
    2. The slurry must be managed at the disposal site using procedures 
meeting the requirements of 40 CFR 61.154.
    3. The slurry must not be used in any public thoroughfare, in any 
private use as fill material, as cover material at a landfill, or in 
any other use.
    4. In accordance with the Asbestos NESHAP, the slurry must be 
disposed of as soon as practicable.

I. Equipment Decontamination or Disposal

    Persons conducting ACPRPs using the CTPS AWP may choose to either 
decontaminate the equipment so that no ACM remains within or on the 
equipment after each ACPRP or may use disposable linings/containers 
that prevent slurry from coming into direct contact with machinery and 
are disposed of as ACWM.
    As noted in section III.E above, containment of all ACWM is 
required under the Asbestos NESHAP. The decontamination of equipment 
used for ACPRPs by the CTPS AWP procedure may generate wastewater 
bearing asbestos fibers. To achieve containment of this ACWM, we 
recommend owners/operators conduct decontamination so that all water is 
contained and filtered before being released to a storm water 
collection system. For more information on potential decontamination 
procedures that can be used to control asbestos-contaminated wash 
water, see ``Guidelines for Enhanced Management of Asbestos in Water at 
Ordered Demolitions,'' EPA-453/B-16-002a, July 2016, which is available 
at www.epa.gov/asbestos and in the docket to this document.

J. Application of Asbestos NESHAP Requirements

    Except as noted in section IV.G.3 of this document, all other 
requirements of the Asbestos NESHAP that apply to renovations, 
including notification requirements found in 40 CFR 61.145(b), also 
apply to the CTPS AWP. Additionally, waste handling and disposal 
requirements found in 40 CFR 61.150 and 40 CFR 61.154 apply to the 
slurry (except as noted in section IV.G.3 of this document) and any 
other ACWM that is removed at the ACPRP. This document also uses 
terminology as defined in 40 CFR 61.141.
    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. 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 circumvention 
section of the 40 CFR

[[Page 26866]]

part 61 General Provisions at 40 CFR 61.19, ``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 the Agency noted in a previous AD,\1\ 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)(4)(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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    \1\ 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.

    Dated: May 30, 2019.
Panagiotis Tsirigotis,
Director, Office of Air Quality Planning and Standards.
[FR Doc. 2019-12085 Filed 6-7-19; 8:45 am]
 BILLING CODE 6560-50-P