Service Transport Group Inc — Hazardous Materials Safety Interpretation

Page 1JAN - 6 2006 Mr. Thomas Guadet Ref. No. 05-0286 Service Transport Group Inc. 58 Pyles Lane New Castle, DE 19720 Dear Mr. Guadet: This is in response to your November 17, 2005 letter requesting clarification of the applicability of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) to shipments of asbestos contained in manufactured articles. As provided in § 172.102, Special Provision 156, asbestos contained in manufactured articles, (for example, vinyl floor tiles or roofing papers), or immersed or fixed in a natural or artificial binder material (for example, cement or asphalt) is not subject to the HMR. However, asbestos containing material that has been subject to abrading, sanding or cutting such that the asbestos is no longer contained in the manufactured article is subject to the HMR. I hope this information is helpful. Please contact us if you require additional assistance. Sincerely, John A. Gale Chief, Standards Development Office of Hazardous Materials Standards 172.102 5P 156 050286#

Page 23172.10k November 17, 2005 SP 156 Hattie L Mitchell Asbestos/Specia! Chief Regulatory Review and Reinvention Office of Hazardous Materials Standards Provisions U.S. Department of Transportation 400 Seventh Street S.W. 05-0286 Washington, DC 20690 RE: NESHAP Rogulated Asbestos Containing Material Dear Ms. Mitchell Enclosed is a letter from Tia Chambors, U.S. EPA Region III Asbestos Programs Coordinator, clarifying the EPA's labeling requirements for asbestos containing waste materials that are subject to the Asbestos NESHAP Regulations. Does the U.S. DOT consider asbestos containing material (ACM) that meets the Asbestos NESHAP definition in that letter to be subject to the U.S. DOT Hazardous Materials Rogulations 49 CFR 171-180 as asbestos is defined in section 173.216, or, does the U.S. DOT consider this material to meet the criteria of 49 CFR 172.102 Special Provision Number 156. The U.S. EPA does not regulate Category I and Category II nonfriable ACM so long as the ACM remains in a nonfriable state during and after asbestos removal procedures. These materials include gaskets, resilient floor covering, asphalt roofing, and concrete. The NESHAP definitions are found in 40 CFR 61.141 (onclosed). There are no Asbestos NESHAP labeling requirements for these asbestos containing waste materials. Does the U.S. DOT consider nonfriable ACM, which is not subject to Asbestos NESHAP Regulations, to be subject to the U.S. DOT HMR, or, does the U.S. DOT consider this material to meet the criteria of 49 CFR 172.102 Special Provision Number 156. Thank you for your time regarding this issue. If you have any questions regarding the above, please call me at 1-302-778-5930 or e-mail me at igaudet@svctransport.com. Sincerely A homas faudes Thomas Gaudet Service Transport Group, Inc. cc: Joe Evans, HMR Program Manager, Eastern Service Center Frederick, MD • New Castle, DE • Woonsocket, RI • Zelienople, PA#

Page 3Service Transport Group 58 Pyles Lane New Castle, DE 19720 Dear Mr. Gaudet: This letter is in response to your roquest to clarify the labeling icquiteneats as set forth in he Asbestos NESHAP. In order to dotemuge it the labesing requirements apply, you naus etermine if the material meets all of the following conditions 1. The material must contain more than one percast (1%) of asbestos, 2. The amount of the material must be at least 260 linear fect, 160 square feet, or 35 cubic feet. • 3. The material must meet the defizition of regulated asbestos containing materials (RACM). The Asbestos NESTAP defines RACM as friable asbestos material; Category I nontriable asbestos containing material (ACM) that has become friable; Category I nonfriable asbestos material that will be or has been subject to abrading, sanding, grinding, cutting; or Category II nonfiable ACM that has a high probability of becoming or has become crumbled, pulverizod, or reduced to powder by the forces expected to act on the material in the course of demolition or renovation operations regulated by this aubpart. If the material fails to meet one of the conditions, the Asbestos NESHAP's labeling requirement doss not apply. If the material meets all of the above conditions, the Asbestos NESHAP labeling requirement does apply. According to the Asbestos NESHAP, it requires the owners and operators of manufaouring, fabricating, demolition, renovation, and spraying operations to camply with labeling requirements as set forth in 40 CFR 61.150. The labeling requirement states that the conteiners or wrapped materials must be labeled in accordance with the Ocoupationa! Safety and Health Standards of the Department of Labor, Occupational Safety and Health Administrator (OSHA) under 29 CFR 1910.1001G) or 1926.1101(k)(8). In addition, these labels should be printed in a such manner that they are visible and leeible using a contrasting background. Therefore, the label should contain the following information: Printed an 100H recyclaracyclable paper wik 100% pos-cansumer fibor and proarss citorine frea Customer Service Hottine: 1-800-438-2474#

Page 4EPA is sware that the Department of Transportation has laboling requirements. Please refer to the Department of Transportation regarding their regulations, As always, EPA encourages the affected sources or regulated communities to comply with all applícable regulations regarding asbestos from other federal agencies. Pleaso note that the information contained in this letter addresses ERA's asbestos requirements, EPA's asbestos requirements do not supersede any other federal agency, local, county, and state requirements. Thereforo, EPA suggests that you contact these agencies to ensure compliante with all applicable asbestos rogulations. If you have any further questions, please contact me at (215) 814-2164. See Chamber Tia Chambers Asbestos Programs Coordinator TOTAL R.U2#