MONTEREY BAY UNIFIED AIR POLLUTION CONTROL DISTRICT


RULE 1004
ASBESTOS-CONTAINING SERPENTINE MATERIAL

(Adopted 9-23-92)
 
CONTENTS
PART 1 GENERAL

1.1 Purpose
1.2 Applicability
1.3 Exemptions
1.4 Effective Date

PART 2 DEFINITIONS

PART 3 REQUIREMENTS



PART 1 GENERAL

1.1 Purpose

The purpose of this Rule is to comply with the mandate of California Health and Safety Code section 39666, which requires all local air districts to adopt toxic control measures which are at least as stringent as those adopted by the Air Resources Board. This measure is intended to reduce and prevent airborne emissions of asbestos fibers from areas surfaced with asbestos-containing serpentine material.

1.2 Applicability

This Rule applies to anyone who sells, supplies, transports or uses asbestos-containing serpentine material for 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.

1.3 Exemptions

1.3.1 The provisions of section 3.2 through 3.5 shall not apply to sand and gravel operations as specifically defined in section 2.8.

1.3.2 The provisions of section 3.1 shall not apply to roads located at serpentine quarries, asbestos mines, or mines located in serpentine deposits.

1.3.3 The provisions of section 3.1 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, which is obtained from any source other than the road being constructed or maintained, is applied to the road surface.

1.3.4 The Air Pollution Control Officer may issue a temporary exemption from the requirements of section 3.1 to an applicant who demonstrates that a road repair is necessary due to landslide, flood, or other emergency and that the use of material other than serpentine is infeasible 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 more than six (6) months.

1.3.5 The provisions of Part 3 shall not apply to serpentine material that is an integral part of bituminous concrete, portland cement concrete, bituminous surface, or other similar cemented materials.

1.3.6 The provisions of section 3.1 shall not apply to landfill operations other than the surfacing of public-access roads used by vehicular traffic.

1.4 Effective Date

This rule shall become effective upon the date of its adoption by the Board of the District.

PART 2 DEFINITIONS

2.1 Aggregate

a mixture of mineral fragments, sand, gravel, rocks, or similar minerals.

2.2 Alluvial deposit

any deposit of sediments laid down by running water including but not limited to streams and rivers.

2.3 ARB Test Method 435

the test method specified in Title 17, California Code of Regulations, Section 94147.

2.4 Asbestos

asbestiforms of the following hydrated minerals; chrysotile (fibrous serpentine), crocidolite (fibrous riebecktite), amosite (fibrous cummingtonite-grunerite), fibrous tremolite, fibrous actinolite, and fibrous anthophyllite.

2.5 Asbestos-containing serpentine material

serpentine material that has an asbestos content greater than five percent (5.0%) as determined by ARB Test Method 435.

2.6 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 of transfer.

2.7 Road surface

the traveled way of a road and any shoulder which extends up to 10 feet from the edge of the traveled way.

2.8 Sand and gravel operation

any aggregate-producing facility operating in alluvial deposits.

2.9 Serpentine

any form of hydrous magnesium silicate minerals including, but not limited to, antigorite, lizardite, and chrysotile.

2.10 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.

2.11 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.

PART 3 REQUIREMENTS

3.1 No person shall use or apply serpentine material for surfacing in the District 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 a least seven years from the date of use or application, and shall be provided to the Air Pollution Control Officer or designee for review upon request.

3.2 Any person who sells, supplies, or offers for sale serpentine material in the District 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."
3.3 No person shall sell, supply, or offer for sale serpentine material for surfacing in the District 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 and surfacing.
 
3.4 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 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 designee for review upon request.
 
3.5 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.
 
* * * * *