MONTEREY BAY UNIFIED AIR POLLUTION CONTROL DISTRICT


RULE 306. ASBESTOS INVESTIGATION FEES

(Adopted 5-13-92; Revised 6-21-95; 6-17-98; and 6-16-1999.)


CONTENTS

PART 1 GENERAL

1.1 Purpose
1.2 Applicability
1.3 Exemptions
1.4 Effective Date
1.5 References and Related Rules


PART 2 DEFINITIONS

2.1 Category I Nonfriable ACM
2.2 Category II Nonfriable ACM
2.3 Demolition
2.4 Facility
2.5 Facility Component
2.6 Friable Asbestos Material
2.7 Regulated Asbestos-Containing Material (RACM)
2.8 Renovation


PART 3 FEE REQUIREMENTS

3.1 Investigation Fee Payment for Single Notification
3.2 Investigation Fee Payment for Annual Notification
3.3 Violation


PART 4 FEE DETERMINATION

4.1 Explanation of Terms Used in Determining the Investigation Fee
4.2 Demolition Project With No Asbestos Present
4.3 Demolition Project Involving Asbestos Removal
4.4 Demolition or Renovation Projects Involving Multiple Structures
4.5 Schedule of Investigation Fees






PART 1 GENERAL

1.1 Purpose
This Rule provides the fee requirements for persons subject to Rule 424, Section 4 Subpart M, National Emission Standards for Asbestos.

1.2 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:

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

1.2.2 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.


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

1.3.1 activities at public schools (K through 12) which are subject to the Asbestos Hazards Emergency Response Act (AHERA); and

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

1.3.2.1 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

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


1.4 Effective Date
This Rule as most recently revised is effective July 1, 1999.

1.5 References and Related Rules
The provisions of this Rule derive from: Title 40 of the Code of Federal Regulations (CFR), Part 61, Subpart M, National Emissions Standards for Asbestos; from California Health and Safety Code (HSC) Sections 42300 et seq.; and HSC Sections 42311 et seq. Related or referenced District Rules include 200 (Permits Required) and 424 (National Emission Standards for Hazardous Air Pollutants).

PART 2 DEFINITIONS

2.1 Category I Nonfriable ACM
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
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
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
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
Any part of a facility including equipment.

2.6 Friable Asbestos Material
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 it is intended to leave material in place during a demolition, PLM is the method to be used to verify it contains no more than 1% RACM, if the material has been identified as containing any asbestos.

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
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 FEE REQUIREMENTS

3.1 Investigation Fee Payment for Single Notification
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(s), determined by reference to the Schedule of Investigation Fees at Section 4.5. The Notification is incomplete if not accompanied by a remittance in full payment of the Investigation Fee(s).

3.2 Investigation Fee Payment for Annual Notification
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(s) determined by applying the aggregate of all estimated unscheduled renovation amounts based on the Schedule of Investigation Fees at Section 4.5

3.3 Violation
Failure of any person subject to this Rule to submit the Investigation Fee(s) required pursuant to this Rule constitutes a violation of this Rule.

PART 4 FEE DETERMINATION

4.1 Explanation of Terms Used in Determining the Investigation Fee
For the purpose of determining the appropriate Investigation Fee required by this Rule, "Type of Project" in the Schedule of Investigation Fees in Section 4.5 refers to the amount of RACM which could be removed or disturbed in a demolition and/or renovation 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 and for which the linear footage and/or square footage cannot be determined.


4.2 Demolition Project With No Asbestos Present
If a written Notification of Demolition and Renovation is required to be submitted to the District, an Investigation Fee of $215 will be charged for the demolition of a structure where no asbestos is present.

4.3 Demolition Project Involving Asbestos Removal
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 determining the Investigation Fees. Therefore, a separate Investigation Fee is charged for the demolition project and for the renovation project, although both project types may be included in a single Notification.

4.4 Demolition or Renovation Projects Involving Multiple Structures

4.4.1 Where a demolition project includes multiple structures, each independent structure is treated as a separate project for purposes of determining the Investigation Fees. Therefore a separate Investigation Fee is charged for the demolition of each structure, although a single Notification may include all the structures.

4.4.2 Where a renovation project includes multiple structures, the aggregate of all RACM is used in determining the Investigation Fees.


4.5 Schedule of Investigation Fees

 

Type of Project

Investigation Fee

4.5.1 Demolitions of structures involving:  
  less than 160 sq. ft. RACM, or

$215

  less than 260 linear ft. RACM  
  less than 35 cubic ft. RACM  
  (including where no asbestos is present)  
4.5.2 Demolitions or Renovations involving:  
  between 160 and 999 sq. ft. RACM, or

$376

  between 260 and 499 linear ft. RACM  
  35 cubic ft. or greater RACM  
4.5.3 Demolitions or Renovations involving:  
  between 1000 and 1499 sq. ft. RACM, or

$483

  between 500 and 749 linear ft. RACM  
4.5.4 Demolitions or Renovations involving:  
  between 1500 and 1999 sq. ft. RACM, or

$591

  between 750 and 999 linear ft. RACM  
4.5.5 Demolitions or Renovations involving:  
  between 2000 and 4000 sq. ft. RACM, or

$698

  between 1000 and 2000 linear ft. RACM  
4.5.6 Demolitions or Renovations involving:  
  greater than 4000 sq. ft. RACM, or

$805

  greater than 2000 linear ft. RACM  

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