Bulk sampling to rebut presumed asbestos material

June 28, 1996

Anthony P. Buttino
Chopra-Lee Incorporated
[Recipient address omitted]
Dear Mr. Buttino:

Your letter of April 23, was referred to us by our Regional Office in New York, regarding your request for a clarification of section (k)(5)(ii)(B) of the Asbestos Standard for construction and shipyard employment.

Corrections to the final rule (Federal Register, Volume 60, Number 125, June 29, 1995) did not distinguish between bulk sampling of friable and nonfriable materials. On page 33975 of the above referenced Federal Register OSHA provides the EPA sampling protocol from 40 CFR 763.86 that details the number of samples required to rebut the presumption that a material is ACM. That information is as follows.

For surfacing material, three samples shall be collected from homogeneous areas of less than 1,000 square feet, five from areas between 1,000 and 5,000 square feet and seven from areas greater than 5,000 square feet.

For TSI, one sample is adequate when collected from a homogeneous area of less than six square or linear feet.

For insulated mechanical systems and other miscellaneous materials, samples shall be collected in a quantity and manner that will determine whether the material is or is not ACM.

A copy of page 33975 of the Federal Register is being provided for your information.

If you should have any additional questions regarding this matter, please contact [the Office of Health Enforcement at (202) 693-2190].

Sincerely,
Ruth McCully, Director
Office of Health Compliance Assistance

Enclosure

[Requester letter reproduced on OSHA page; omitted here.]

[Corrected 12/6/2024]