MBUAPCD RULE 306 ASBESTOS INVESTIGATION FEES LAST REVISED 05/13/92 REGULATION III FEES RULE 306. ASBESTOS INVESTIGATION FEES (Adopted 5-13-92) 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 051392 RULE 306: 1 REGULATION III 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 unin- corporated 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 The requirements of this Rule shall become effective on July 1, 1992. 051392 RULE 306: 2 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 051392 RULE 306: 3 REGULATION III FEES 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. 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, below. 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, below. 051392 RULE 306: 4 REGULATION III FEES PART 4 SCHEDULE OF FEES 4.1 "Type of Project" refers to the amounts of RACM which will be removed or disturbed in the project. Linear feet refers to asbestos material covering pipes. Square feet refers to the surface area of asbestos-containing material on other facility components. Cubic feet refers to the volume of asbestos-con- taining material which has been removed from facility components. Type of Project Investigation Fee 4.2.1 Demolitions of structures containing no asbestos-containing materials, where the Notification is submitted with a statement from a licensed asbestos contractor, indus- trial hygienist, or other expert in the field of building inspection for asbestos recognized by the APCO, certifying that the structure has been inspected and is free of asbestos $20 4.2.2 Demolitions, except those for which a certification has been received pursuant to section 4.2.1, where the amount of RACM to be disturbed is less than 160 square feet, less than 260 linear feet, or less than 35 cubic feet, including demolitions where no asbestos is present $160 4.2.3 Demolitions and renovations, except those for which a certification has been received pursuant to section 4.2.1, where the amount of RACM to be disturbed is 160 to 1000 square feet, 260 to 500 linear feet or 35 or more cubic feet $240 4.2.4 Demolitions and renovations, except those for which a certification has been received pursuant to section 4.2.1, where the amount of RACM to be disturbed is 1001 to 15,000 square feet or 501 to 1500 linear feet $400 4.2.5 Demolitions and renovations, except those for which a certification has been received pursuant to section 4.2.1, where the amount of RACM to be disturbed is more than 15,000 square feet or more than 1500 linear feet $640 * * * * * 051392 RULE 306: 5 MBUAPCD RULE 306 ASBESTOS INVESTIGATION FEES LAST REVISED 05/13/92 REGULATION III FEES RULE 306. ASBESTOS INVESTIGATION FEES (Adopted 5-13-92) 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 051392 RULE 306: 1 REGULATION III 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 unin- corporated 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 The requirements of this Rule shall become effective on July 1, 1992. 051392 RULE 306: 2 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 051392 RULE 306: 3 REGULATION III FEES 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. 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, below. 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, below. 051392 RULE 306: 4 REGULATION III FEES PART 4 SCHEDULE OF FEES 4.1 "Type of Project" refers to the amounts of RACM which will be removed or disturbed in the project. Linear feet refers to asbestos material covering pipes. Square feet refers to the surface area of asbestos-containing material on other facility components. Cubic feet refers to the volume of asbestos-con- taining material which has been removed from facility components. Type of Project Investigation Fee 4.2.1 Demolitions of structures containing no asbestos-containing materials, where the Notification is submitted with a statement from a licensed asbestos contractor, indus- trial hygienist, or other expert in the field of building inspection for asbestos recognized by the APCO, certifying that the structure has been inspected and is free of asbestos $20 4.2.2 Demolitions, except those for which a certification has been received pursuant to section 4.2.1, where the amount of RACM to be disturbed is less than 160 square feet, less than 260 linear feet, or less than 35 cubic feet, including demolitions where no asbestos is present $160 4.2.3 Demolitions and renovations, except those for which a certification has been received pursuant to section 4.2.1, where the amount of RACM to be disturbed is 160 to 1000 square feet, 260 to 500 linear feet or 35 or more cubic feet $240 4.2.4 Demolitions and renovations, except those for which a certification has been received pursuant to section 4.2.1, where the amount of RACM to be disturbed is 1001 to 15,000 square feet or 501 to 1500 linear feet $400 4.2.5 Demolitions and renovations, except those for which a certification has been received pursuant to section 4.2.1, where the amount of RACM to be disturbed is more than 15,000 square feet or more than 1500 linear feet $640 * * * * * 051392 RULE 306: 5