VENTURA COUNTY AIR POLLUTION CONTROL DISTRICT

RULE 62.4 - ASBESTOS-SERPENTINE ROCK FOR SURFACING
(Adopted 10/15/91)

A. Applicability

The requirements of this rule shall apply to any operation that sells, supplies, offers for sale serpentine material, and/or uses or applies serpentine material for surfacing, except as specified pursuant to subsection D.1.

B. Requirements

  1. No person shall use or apply serpentine material for surfacing unless the material has been tested and determined to have an asbestos content of five percent or less.

  2. Any person who sells, supplies, or offers for sale serpentine material shall provide with each sale or supply a written receipt containing the following statement: "Serpentine material may have an asbestos content greater than five percent. It is unlawful to use serpentine material for surfacing unless the material has been tested and found to contain less than or equal to five percent asbestos. 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."

  3. No person shall sell, supply or offer for sale serpentine material for surfacing unless the serpentine material has been tested and determined to have an asbestos content of five percent 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 five percent or less, shall provide to each purchaser or person receiving the serpentine material a written receipt which specifies the following information:

    a. The amount of serpentine material sold or supplied;

    b. The dates that the serpentine material was produced, sampled, tested, and supplied or sold;

    c. The asbestos content of the serpentine material.

    A copy of the receipt must, at all times, remain with the serpentine material during transit and surfacing.

C. Recordkeeping Requirements

  1. Any person that uses or applies serpentine material shall retain for a period of at least seven years from the date of application a written receipt or other written record documenting the asbestos content.

  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.

  3. All records shall be made available to the APCO upon request.

D. Exemptions

  1. The provisions of this rule shall not apply to serpentine material that is an integral part of bituminous concrete, portland cement concrete, bituminous surface, or other similar cemented materials.

  2. The provisions of subsections B.2, B.3 and C.2 shall not apply to sand and gravel operations.

  3. The provisions of subsections B.1 and C.1 shall not apply to:

    a. Roads located at serpentine quarries, asbestos mines, or mines located in serpentine deposits.

    b. 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.

    c. Landfill operations other than the surfacing of public-access roads used by vehicular traffic.

  4. The APCO may issue a temporary exemption from the requirements of subsection B.1 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 APCO shall specify the time during which such exemption shall be effective, provided that no exemption shall remain in effect longer than six months.

E. Test Methods

ARB Test Method 435 shall be used to determine the asbestos content of serpentine material. 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 test results shall be used to determine the asbestos content of the serpentine material.

F. Violations

Failure to comply with any provision of this rule, including recordkeeping requirements, shall constitute a violation of this rule.

G. Definitions

  1. "Aggregate": A mixture of mineral fragments, sand, gravel, rocks, or similar minerals.

  2. "Alluvial deposit": Any deposit of sediments laid down by running water including but not limited to streams and rivers.

  3. "Asbestos": Asbestiforms of the following hydrated minerals: chrysotile (fibrous serpentine), crocidolite (fibrous riebecktite), amosite (fibrous cummingtonite, grunerite), fibrous tremolite, fibrous actinolite, and fibrous anthophyllite.

  4. "Asbestos-containing serpentine material": Serpentine material that has an asbestos content greater than five percent as determined by ARB Test Method 435.

  5. "Receipt": 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.

  6. "Road surface": The traveled way of a road and any shoulder which extends up to 10 feet from the edge of the traveled way.

  7. "Sand and gravel operation": Any aggregate-producing facility operating in alluvial deposits.

  8. "Serpentine": Any form of hydrous magnesium silicate minerals, including, but not limited to, antigorite, lizardite, and chrysotile.

  9. "Serpentine material": Any material that contains at least ten percent serpentine as determined by a registered geologist. The registered geologist must document precisely how the serpentine content of the material in question was determined.

  10. "Surfacing": The act of covering any surface used for purposes of pedestrian, vehicular, or nonvehicular travel including, but not limited to, road, road shoulders, streets, alley, lanes, driveways, parking lots, playgrounds, trails, squares, plazas, and fairgrounds.