GREAT BASIN UNIFIED AIR POLLUTION CONTROL DISTRICT
RULE 430 - ASBESTOS-CONTAINING SERPENTINE MATERIAL
A. Purpose. To comply with the Air Resources Board's Asbestos-Containing Serpentine Material Airborne Toxic
Control Measure, as required by California Health and Safety Code Section 39666.
B. Definitions. For the purposes of this section, the following definitions shall apply:
- "Aggregate": A mixture of mineral fragments, sand, gravel, rocks, or similar materials.
- "Alluvial deposit": Any deposit of sediments laid down by running water including but not limited
to streams and rivers.
- "ARB Test Method 435": The test method specified in Title 17, California Code of Regulations, Section
- "Asbestos": Asbestiforms of the following hydrated minerals: chrysotile (fibrous serpentine), crocidolite
(fibrous riebecktite), amosite (fibrous cummingtonite--grunerite), fibrous tremolite, fibrous actinolite, and fibrous
- "Asbestos-containing serpentine material": Serpentine material that has an asbestos content greater
than five percent (5.0%) as determined by ARB Test Method 435.
- "Receipt": Any written acknowledgement that a specified amount of serpentine material was received,
delivered, or purchased. Receipts include, but are not limited to, bills of sale, bills of lading, and notices
- "Road surface": The traveled way of a road and any shoulder which extends up to 10 feet from the
edge of the traveled way.
- "Sand and gravel operation": Any aggregate-producing facility operating in alluvial deposits.
- "Serpentine": Any form of hydrous magnesium silicate minerals -including, but not limited to, antigorite,
lizardite, and chrysotile.
- "Serpentine material": Any material that contains at least ten percent (10%) serpentine as determined
by a registered geologist. The registered geologist must document precisely how the serpentine content of the material
in question was determined.
- "Surfacing": The act of covering any surface used for purposes of pedestrian, vehicular, or nonvehicular
travel including, but not limited to, roads, road shoulders, streets, alleys, lanes, driveways, parking lots, playgrounds,
trails, squares, plazas, and fairgrounds.
C. Requirements for use or sale of asbestos-containing serpentine material.
- No person shall use or apply serpentine material for surfacing in California unless the material has been tested
using ARB Test Method 435 and determined to have an asbestos content of five percent (5.0%) or less. A written
receipt or other record documenting the asbestos content shall be retained by any person who uses or applies serpentine
material, for a period of at least seven years from the date of use or application, and shall be provided to the
Air Pollution Control Officer or his designee for review upon request.
- Any person who sells, supplies, or offers for sale serpentine material in California shall provide with each
sale or supply a written receipt containing the following statement: "Serpentine material may have an asbestos
content greater than five percent (5.0%). It is unlawful to use serpentine material for surfacing unless the material
has been tested and found to contain less than or equal to five percent (5.0%) asbestos. All tests for asbestos
content must use California Air Resources Board Test Method 435, and a written record documenting the test results
must be retained for at least seven years if the material is used for surfacing."
- No person shall sell, supply, or offer for sale serpentine material for surfacing in California unless the
serpentine material has been tested using ARB Test Method 435 and determined to have an asbestos content of five
percent (5.0%) or less. Any person who sells, supplies, or offers for sale serpentine material that he or she represents,
either orally or in writing, to be suitable for surfacing or to have an asbestos content that is five percent (5.0%)
or less, shall provide to each purchaser or person receiving the serpentine material a written receipt which specifies
the following information: The amount of serpentine material sold or supplied; the dates that the serpentine material
was produced, sampled, tested, and supplied or sold; and the asbestos content of the serpentine material as measured
by ARB Test Method 435. A copy of the receipt must, at all times, remain with the serpentine material during transit
- Any person who sells, supplies, or offers for sale serpentine material, shall retain for a period of at least
seven years from the date of the sale or supply, copies of all receipts and copies of any analytical test results
from asbestos testing of the serpentine material. All receipts and test results shall be provided to the Air Pollution
Control Officer or his designee for review upon request.
- If ARB Test Method 435 has been used to perform two or more tests on any one volume of serpentine material,
whether by the same or a different person, the arithmetic average of these test results shall be used to determine
the asbestos content of the serpentine material.
- The provisions of subdivision C.2. through C.5. shall not apply to sand and gravel operations.
- The provisions of subdivision C.1. shall not apply to roads located at serpentine quarries, asbestos mines,
or mines located in serpentine deposits.
- The provisions of subdivision C.1. shall not apply to maintenance operations on any existing road surfaces,
or to the construction of new roads in serpentine deposits, as long as no additional asbestos-containing serpentine
material is applied to the road surface.
- Emergency Road Repairs. The Air Pollution Control Officer may issue a temporary exemption from the requirements
of subdivision C.1. to an applicant who demonstrates that a road repair is necessary due to a landslide, flood,
or other emergency and that the use of material other than serpentine is not feasible for this repair. The Air
Pollution Control Officer shall specify the time during which such exemption shall be effective, provided that
no exemption shall remain in effect longer than six (6) months.
- Bituminous and Concrete Materials. The provisions of subdivision C. shall not apply to serpentine material
that is an integral part of bituminous concrete, portland cement concrete, bituminous surface, or other similar
- The provisions of subdivision C.1. shall not apply to landfill operations other than the surfacing of public-access
roads dedicated to use by vehicular traffic.