MBUAPCD RULE 306 ASBESTOS INVESTIGATION FEES                         
LAST REVISED 06/21/95



 

RULE 306.  ASBESTOS INVESTIGATION FEES                               
 

(Adopted 5-13-92; Revised 6/21/95)



                            CONTENTS


     PART 1    GENERAL

          1.1  Applicability
          1.2  Exemptions
          1.3  Effective Date

     PART 2    DEFINITIONS


     PART 3    REQUIREMENTS


     PART 4    SCHEDULE OF FEES

















 

PART 1    GENERAL

1.1  Applicability

     This Rule applies to any person subject to Rule 424, Section 4
Subpart M, National Emission Standards for Asbestos (40 CFR 61 Subpart
M), who is required by that rule to submit a written Notification of
Demolition and Renovation to the District, including:

1.1.1  any owner or operator of any demolition activity, regardless of
whether any asbestos is present in the facility
to be demolished; and 

1.1.2  any owner or operator of a renovation activity where the total
amount of Regulated Asbestos-Containing Material (RACM) to be
stripped, removed or otherwise disturbed is at least 260 linear feet
on pipes, 160 square feet on other facility components or 35 cubic
feet if off of facility components.


1.2  Exemptions

     The following demolition and renovation activities, for which 40
CFR 61M requires the submission of the Notification of Demolition and
Renovation, are exempt from the fee requirements of this Rule:

1.2.1  activities at public schools which are subject to
the Asbestos Hazards Emergency Response Act (AHERA); and

1.2.2  demolitions of structures which are located in unincorporated
areas for which the following conditions exist;

1.2.2.1  the inspection which is required by 40 CFR 61.145 (a) finds
that there are no asbestos-containing materials, including Category I
and Category II nonfriable asbestos-containing materials, and

1.2.2.2  the total floor area of the structure to be demolished is
less than 500 square feet.


1.3  Effective Date

     .  This Rule has been in effect since July 1, 1992.  The Rule in
  its present form is effective July 1, 1995.


                         REGULATION  III
                              FEES


PART 2    DEFINITIONS


2.1  Category I Nonfriable ACM means asbestos-containing packings, gaskets, 
resilient floor covering, and asphalt roofing products containing more 
than 1 percent asbestos as determined using the method specified in 
Appendix A, Subpart F, 40 CFR Part 763, Section 1, Polarized Light 
Microscopy (PLM).

2.2  Category II Nonfriable ACM

  means any material, excluding Category I nonfriable asbestos-
containing material, containing more than 1 percent asbestos as
determined using the method specified in Appendix A, Subpart F, 40 CFR
Part 763, Section 1, PLM that, when dry, cannot be crumbled,
pulverized, or reduced to powder by hand pressure.

2.3  Demolition

means the wrecking or taking out of any load-supporting structural
member of a facility, together with any related handling operations,
or the intentional burning of any facility.

2.4  Facility

means any institutional, commercial, public, industrial, or
residential structure, installation, or building (including any
structure, installation, or building containing condominiums or
individual dwelling units operated as a residential cooperative, but
excluding residential buildings having four or fewer dwelling units);
any ship; and any active or inactive waste disposal site.  For the
purposes of this definition, any building, structure, or installation
that contains a loft used as a dwelling is not considered a
residential structure, installation, or building.   

2.5  Facility Component

means any part of a facility including equipment.

2.6  Friable Asbestos Material

means any material, containing more than 1 percent asbestos as
determined using the method specified in Appendix A, Subpart F, 40 CFR
Part 763, Section 1, PLM that, when dry, can be  crumbled, pulverized,
or reduced to powder by hand pressure.  If the     
  
  Asbestos content is less than 10 percent as determined by a method
other than PLM, the asbestos content must be verified by point
counting using PLM.  If it is intended to leave material in place
during a demolition, PLM is the method to be used to verify it
contains less than 1% RACM.


2.7  Regulated Asbestos-Containing Material (RACM)

means (a) friable asbestos material, (b) category I nonfriable ACM
that has become friable, (c) category I nonfriable ACM that will be or
has been subjected to sanding, grinding, cutting, or abrading, or (d)
category II nonfriable ACM that has a high probability of becoming or
has become crumbled, pulverized, or reduced to powder by the forces
expected to act on the material in the course of demolition or
renovation operations.


2.8  Renovation

means altering a facility or one or more facility components
in any way, including the stripping or removal of RACM from a facility
component.  Operations in which load-supporting structural members are
wrecked or taken out are demolitions.




PART 3    REQUIREMENTS


3.1  Any person to whom this Rule applies shall accompany the
Notification required by Rule 424 to the District with payment
of the appropriate Investigation Fee, determined by reference
to the Schedule of Fees at Part 4.  The Notification is incomplete if
not accompanied by a remittance in full payment of the Investigation
Fee.


3.2  Any person submitting an annual Notification of nonscheduled
renovations operations pursuant to 40 CFR 61.145 (b)(3)(ii) shall
accompany the Notification to the District with payment of the
Investigation Fee determined by applying the aggregate of all
estimated unscheduled renovation amounts to the Schedule of Fees at
Part 4.

  PART 4    SCHEDULE OF FEES


4.1  For the purpose of determining the appropriate Investigation Fee
required by this Rule, "Type of Project" refers to the amount of RACM
which will be removed or disturbed in a renovation or demolition
project, and includes the following meanings:

  4.1.1   Linear feet refers to asbestos material covering pipes.  

  4.1.2   Square feet refers to the surface area of asbestos-containing
material on other facility components.  

  4.1.3   Cubic feet refers to the volume of asbestos-containing
material which has been removed from facility components.

  4.1.4   Where a demolition project includes the removal of asbestos-
containing material from the facility prior to the wrecking of the
structure, the removal is treated as a separate renovation project for
purposes of fees, although they may be included in a single
Notification.

  4.1.5   Where a demolition or renovation project includes multiple
structures, each independent structure is treated as a separate
project for purposes of fees, although they may all be included in a
single Notification. 



4.2            Type of Project                       Investigation Fee

  4.2.1     Demolitions of structures involving:
          -  less than 160 sq. ft. RACM,  or                $200
          -  less than 260 linear ft. RACM    
          (including where no asbestos is present)

  4.2.2     Demolitions and Renovations involving:   
          -  between 160 and 999 sq. ft. RACM,  or          $350
          -  between 260 and 499 linear ft. RACM   

  4.2.3     Demolitions and Renovations involving:
          -  between 1000 and 1499 sq. ft. RACM, or         $450
          -  between 500 and 749 linear ft. RACM

  4.2.4     Demolitions and Renovations involving:
          -  between 1500 and 1999 sq. ft. RACM, or         $550
          -  between 750 and 999 linear ft. RACM

  4.2.5     Demolitions and Renovations involving:
          -  between 2000 and 4000 sq. ft. RACM, or         $650
          -  between 1000 and 2000 linear ft. RACM

  4.2.6     Demolitions and Renovations involving:
          -  greater than 4000 sq. ft. RACM,  or            $750
          -  greater than 2000 linear ft. RACM  



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