MENAQMD RULE R3-6 ATCM ASBESTOS-CONTAINING SERPENTINE ROCK                              
LAST REVISED 11/11/11
                              
                              
                              REGULATION 3 - SECTION 6



         RULE 6-100 - TITLE:


                          Airborne Toxic Control Measure
                     for Asbestos-Containing Serpentine Rock


          RULE 6-110 - PURPOSE:

          On March 27, 1986, pursuant to Section 39662 of the Health and 
          Safety Code, the Air Resources Board identified asbestos (in the 
          following forms:  chrysotile, crocidolite, amosite, tremolite, 
          actinolite, and anthophyllite) as a toxic air contaminant pursuant 
          to Health and Safety Code Sections 39650 et seq.  In so identifying
          asbestos, the Air Resources Board determined that available
          scientific evidence is not sufficient to support identification
          of a threshold exposure level below which no significant adverse
          health effects are anticipated.  This airborne toxic control
          measure is expected to reduce asbestos emissions from future use
          of asbestos-containing serpentine material in surfacing
          applications to the lowest level achievable through a prohibition
          on the sale and use of asbestos-containing serpentine material.

          This regulation is adopted in accordance with the requirements of
          Health and Safety Code Section 39666(d) and of California Code of 
          Regulations Section 93104.

          RULE 6-120 - APPLICABILITY:

          This regulation shall apply to any person who sells, offers for
          sale, supplies, uses or applies serpentine material for surfacing
          purposes.

          RULE 6-130 - DEFINITIONS:

          (a)  AGGREGATE:  "Aggregate" means a mixture of mineral fragments,
          sand, gravel, rocks, or similar minerals.

          (b)  ALLUVIAL DEPOSIT:  "Alluvial deposit" means any deposit of
          sediments laid down by running water including but not limited to
          streams and rivers.

          (c)  ARB TEST METHOD 435:  "ARB Test Method 435" means the test
          method specified in Title 17, California Code of Regulations,
          Section 94147.

          (d)  ASBESTOS:  "Asbestos" means the following hydrated minerals:
          chrysotile (fibrous serpentine), crocidolite (fibrous riebecktite), 
          amosite (fibrous cummingtonite-grunerite), fibrous
          tremolite, fibrous actinolite, and fibrous anthophyllite.

          (e)  ASBESTOS-CONTAINING SERPENTINE MATERIAL:  "Asbestos-containing
          serpentine material means serpentine material that has an
          asbestos content greater than one percent (1%) as determined by
          ARB Test Method 435.

          (f)  RECEIPT:  "Receipt" means 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.

          (g)  ROAD SURFACE:  "Road surface" means the traveled way of a road
          and any shoulder which extends up to 10 feet from the edge of the
          traveled way.

          (h)  SAND AND GRAVEL OPERATION:  "Sand and gravel operation" means
          any aggregate-producing facility operating in alluvial deposits.

          (i)  SERPENTINE:  "Serpentine" means any form of hydrous magnesium
          silicate minerals - including, but not limited to, antigorite,
          lizardite, and chrysotile.

          (j)  SERPENTINE MATERIAL:  "Serpentine material" means 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.

          (k)  SURFACING:  "Surfacing" means the act of covering any surface
          used for purposes of pedestrian, vehicular, or non-vehicular
          travel including, but not limited to, roads, road shoulders,
          streets, alleys, lanes, driveways, parking lots, playgrounds,
          trails, squares, plazas and fairgrounds.

          RULE 6-200 - PERMITS:

          No person shall sell, offer for sale, supply, use or apply
          serpentine material for surfacing purposes without first obtaining 
          from the District written Authority to Construct and/or Permit to 
          Operate, as provided in Regulation 1, Rule 200 (Authority to 
          Construct) and Regulation 1, Rule 240 (Permit to Operate).  Any 
          owner or operator who is subject to this rule shall apply for an 
          Authority to Construct and/or a Permit to Operate from the District 
          no later than June 5, 1993.  The applicant shall pay fees as 
          specified in Rule 6-300, at the time of application.

          RULE 6-210 - TRANSFER OF PERMITS:

          A permit issued pursuant to Rule 6-200 is not transferable from
          one person to another.

          RULE 6-300 - FEES:

          (a)  Every applicant for an Authority to Construct or holder of a
          Permit to Operate as provided in Rule 6-200 shall pay an initial
          fee or permit renewal fee or other fees as provided in Regulation
          1, Rule 300, according to the schedule of fees in Regulation 3,
          Rule 6-310.

          (b)  The applicant for an Authority to Construct or Permit to
          Operate shall pay the initial fee at the time of filing of the
          application.

          (c)  Permit renewal fees not payed in a timely fashion as provided
          in Regulation 1, Rule 300(f) are subject to the penalty provisions 
          in Regulation 1, Rule 300(f).

          RULE 6-310 - FEE SCHEDULE -- SERPENTINE ROCK SALE OR USE:

          Any applicant for or holder of an Authority to Construct or
          Permit to Operate as provided in Rule 6-200, shall be assessed a 
          permit fee in accordance with Regulation 1, Rule 300, according to 
          this schedule:

                                                INITIAL       ANNUAL
                                                  FEE         RENEWAL

          Serpentine Rock Sale or Use........   $ 400.00 ....$  200.00

          
          RULE 6-400 - REQUIREMENTS FOR USE OR SALE OF ASBESTOS-
          CONTAINING SERPENTINE MATERIAL:

          (a)  REQUIREMENTS:

                       (1)  No person shall sell, offer for sale, or supply
               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 one percent (1%) 
               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 one percent (1%) 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 remain with the serpentine material 
               at all times during transit and surfacing.

                       (2)  Any person who sells, offers for sale, or supplies 
               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.  Any such person 
               shall provide all receipts and test results to the Air 
               Pollution Control Officer or his designated representative for
               review upon request.

                        (3)    Any person who sells, supplies, or offers
               for sale serpentine material for use 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 one percent (1%).  It is unlawful to use serpentine 
                 material for surfacing unless the material has been
                 tested and found to contain less than or equal to one 
                 percent (1%) asbestos.  Inhalation of asbestos fibers 
                 presents a risk of contracting cancer."

                          (4)  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 one percent (1%) or less.  Any person 
               who uses or applies serpentine material shall retain written
               receipts or other records documenting the asbestos content, 
               for a period of at least seven years from the date of use or 
               application.  The written receipt shall be provided to the Air 
               Pollution Control Officer or his designated representative
               for review upon request.


          (b)  EXEMPTIONS:

                       (1)  The provisions of Rule 6-400 (a)(1) through
               (a)(3) shall not apply to sand and gravel operations.

                       (2)  The provisions of subdivision (a)(4) of Rule 6-
               400 shall not apply to roads located at serpentine quarries, 
               asbestos mines, or mines located in serpentine deposits.

                       (3)  The provisions of subdivision (a)(4) 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.

                       (4)  Emergency Road Repairs:

                            The air pollution control officer may issue a
                            temporary exemption from the requirements of
                            subdivision (a)(4) 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.

                       (5)  Asphalt, Bituminous Concrete and other Concrete
                            Materials:

                            The provisions of subdivision (a) of Rule 6-400
                            shall not apply to serpentine material that is an
                            integral part of asphalt concrete, portland cement
                            concrete, bituminous concrete or other surfacing
                            materials, or other similar cementicious materials
                            which by their nature render the asbestos immobile
                            under the conditions of use.

                       (6)  Landfill Operations:

                            The provisions of subdivision (a)(4) shall not
                            apply to landfill operations other than the
                            surfacing of public-access roads dedicated to use
                            by vehicular traffic.

          RULE 6-500 - TESTING METHOD AND RECORD RETENTION:

          (a)  All tests for asbestos content of serpentine material must 
               use California Air Resources Board Test Method 435.  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 tests 
               results shall be used to determine the asbestos content of 
               the serpentine material.

          (b)  Both the supplier and the user of asbestos-containing 
               serpentine material must retain for seven years a written 
               record documenting the test results if the material is used 
               for surfacing.