NORTH COAST UNIFIED AIR QUALITY MANAGEMENT DISTRICT

SECTION 6

REQUIREMENTS FOR USE OF SALE OF ASBESTOS-CONTAINING SERPENTINE MATERIAL

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

(a) Requirements:

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

  2. 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 his designee for review upon request.

  3. Any person who sells, supplies, or offers for sale serpentine material 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. 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."

  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. 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 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 designee 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. Bituminous and Concrete Materials: The provisions of subdivision (a) of Rule 6-400 shall not apply to serpentine material that is an integral part of bituminous concrete, portland cement concrete, bituminous surface, or other similar cemented materials.

  6. 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.

  7. The provisions of Rule 6-400 (a)(4) shall not apply to asbestos containing serpentine material when it is used as a road fill and where at least 6 inches of clean, asbestos free soil or aggregate is used to cover the serpentine material or where other cementing materials listed in subdivision (b)(5) are used to encapsulate the serpentine material