(Adopted October 6, 1989)(Amended April 8, 1994)

RULE 1403. ASBESTOS EMISSIONS FROM DEMOLITION/RENOVATION ACTIVITIES

(a) Purpose
The purpose of this rule is to specify work practice requirements to limit asbestos emissions from building demolition and renovation activities, including the removal and associated disturbance of asbestos-containing materials (ACM). The requirements for demolition and renovation activities include asbestos surveying, notification, ACM removal procedures and time schedules, ACM handling and clean-up procedures, and storage, disposal, and landfilling requirements for asbestos-containing waste materials (ACWM). All operators are required to maintain records, including waste shipment records, and are required to use appropriate warning labels, signs, and markings.

(b) Applicability
This rule, in whole or in part, is applicable to owners and operators of any demolition or renovation activity, and the associated disturbance of asbestos-containing material, any asbestos storage facility, or any active waste disposal site.

(c) Definitions
For the purpose of this rule, the following definitions shall apply:

    (1) ACTIVE WASTE DISPOSAL SITE is any disposal site that receives, or has received or processed ACWM within the preceding 365 calendar days.

    (2) ADEQUATELY WET is the condition of being sufficiently mixed or penetrated with amended water to prevent the release of particulates or visible emissions. The process by which an adequately wet condition is achieved is by using a dispenser or water hose with a nozzle that permits the use of a fine, low-pressure spray or mist.

    (3) AMENDED WATER is water to which a chemical wetting agent or surfactant has been added to improve penetration into ACM.

    (4) ASBESTOS is the asbestiform varieties of serpentine (chrysotile), riebeckite (crocidolite), cummingtonite-grunerite (amosite), anthophyllite, actinolite or tremolite.

    (5) ASBESTOS-CONTAINING MATERIAL (ACM) is both friable asbestos-containing material or Class I nonfriable asbestos-containing material.

    (6) ASBESTOS-CONTAINING WASTE MATERIAL (ACWM) is any waste that contains commercial asbestos and that is generated by a source subject to the provisions of this rule. ACWM includes, but is not limited to, ACM which is friable, has become friable, or has a high probability of becoming friable, or has been subjected to sanding, grinding, cutting, or abrading, and the waste generated from its disturbance, such as asbestos waste from control devices, particulate asbestos material, asbestos slurries, bags or containers that previously contained asbestos, used asbestos-contaminated plastic sheeting and clothing, and clean-up equipment waste, such as cloth rags or mop heads.

    (7) ASBESTOS HAZARD EMERGENCY RESPONSE ACT (AHERA) is the act which legislates asbestos-related requirements for schools (40 CFR 763, Subpart E).

    (8) CLASS I NONFRIABLE ASBESTOS-CONTAINING MATERIAL is material containing more than one percent (1%) asbestos as determined by paragraph (h)(2), and that, when dry, can be broken, crumbled, pulverized, or reduced to powder in the course of demolition or renovation activities. Actions which may cause material to be broken, crumbled, pulverized, or reduced to powder include physical wear and disturbance by mechanical force, such as, but not limited to, sanding, sandblasting, cutting or abrading, improper handling or removal or leaching of matrix binders. Class I nonfriable asbestos-containing material includes, but is not limited to, fractured or crushed asbestos cement products, transite materials, mastic, roofing felts, roofing tiles, cement water pipes and resilient floor covering.

    (9) CLASS II NONFRIABLE ASBESTOS-CONTAINING MATERIAL is all other material containing more than one percent (1%) asbestos as determined by paragraph (h)(2), that is neither friable nor Class I nonfriable.

    (10) COMMERCIAL ASBESTOS is any material containing asbestos that is extracted from asbestos ore.

    (11) CUTTING is penetrating with a sharp-edged instrument and includes sawing, but does not include shearing, slicing, or punching.

    (12) DEMOLITION is the wrecking or taking out of any load-supporting structural member of a facility and related handling operations or the intentional burning of any facility.

    (13) EMERGENCY DEMOLITION is any demolition or remedial action under order of a state or local governmental agency. Such an order is generally issued for a structurally unsound facility in danger of imminent collapse.

    (14) EMERGENCY RENOVATION is any renovation that was not planned and results from a sudden unexpected event that results in unsafe conditions. Such events include, but are not limited to, renovations necessitated by non-routine failures of equipment, earthquake or fire damage.

    (15) ENCAPSULATION is the treatment of ACM with a material that surrounds or embeds asbestos fibers in an adhesive matrix to prevent the release of fibers, as the encapsulant creates a membrane over the surface (bridging encapsulant) or penetrates the material and binds its components together (penetrating encapsulant).

    (16) FACILITY is any institutional, commercial, public, industrial or residential structure, installation, or building; any ship; and any active waste disposal site.

    (17) FACILITY COMPONENT is any part of a facility including equipment.

    (18) FRIABLE ASBESTOS-CONTAINING MATERIAL is material containing more than one percent (1%) asbestos as determined by paragraph (h)(2), that, when dry, can be crumbled, pulverized, or reduced to powder by hand pressure.

    (19) GLOVEBAG is a sealed compartment with attached inner gloves used for handling ACM. When properly installed and used, glove bags provide a small work area enclosure used for small-scale asbestos stripping operations. Information on glovebag installation, equipment, and supplies, and work practices is contained in the Occupational Safety and Health Administration's final rule on occupational exposure to asbestos (Appendix G to 29 CFR 1926.58).

    (20) HIGH EFFICIENCY PARTICULATE AIR (HEPA) FILTER is a filter capable of trapping and retaining at least 99.97 percent of all monodispersed particles of 0.3 micrometer in diameter or larger.

    (21) INSTALLATION is any building or structure or any group of buildings or structures at a single demolition or renovation site that are under the control of the same owner or operator (or owner or operator under central control).

    (22) ISOLATED WORK AREA is the immediate enclosed containment area in which the asbestos abatement activity takes place.

    (23) LEAK-TIGHT is the condition whereby any contained solids or liquids are prevented from escaping or spilling out.

    (24) NONSCHEDULED RENOVATION OPERATION is a renovation operation necessitated by the routine failure of equipment, which is expected to occur within a given calendar year based on past operating experience, but for which an exact date cannot be predicted.

    (25) OUTSIDE AIR is air outside of the facility or outside of the isolated work area.

    (26) OWNER or OPERATOR OF A DEMOLITION OR RENOVATION ACTIVITY is any person who owns, leases, operates, controls or supervises activities at the facility being demolished or renovated; the demolition or renovation operation; or both.

    (27) PERSON is any individual, firm, association, organization, partnership, business, trust, corporation, company, contractor, supplier, installer, user or owner, or any state or local government agency or public district or any other officer or employee thereof. PERSON also means the United States or its agencies to the extent authorized by Federal law.

    (28) PLANNED RENOVATION is a renovation operation, or a number of such operations, in which the amount of ACM that will be removed or stripped within a given period of time can be predicted. Individual nonscheduled renovation operations are included if a number of such operations can be predicted to occur during a given period of time based on operating experience.

    (29) PROJECT is any renovation or demolition activity, including site preparation and clean-up activity.

    (30) REMOVAL is the taking out of ACM or facility components that contain or are covered with ACM from any facility.

    (31) RENOVATION is the altering of a facility or the removing or stripping of one or more facility components in any way, including, but not limited to, the stripping or removal of ACM from facility components, retrofitting for fire protection, and the installation or removal of heating, ventilation, air conditioning (HVAC) systems. Activity involving the wrecking or taking out of load-supporting structural members are demolitions.

    (32) RESIDENTIAL SINGLE UNIT DWELLING is a structure that contains only one residential unit. Apartment buildings, townhouses, and condominiums are not residential single unit dwellings.

    (33) RESILIENT FLOOR COVERING is asbestos-containing floor tile, including asphalt and vinyl floor tile, and sheet vinyl floor covering containing more than one percent (1%) asbestos as determined by paragraph (h)(2).

    (34) STRIPPING is the taking off of ACM from any part of a facility or facility component.

    (35) STRUCTURAL MEMBER is any load-supporting member of a facility, such as beams and load-supporting walls; or any nonload-supporting member, such as ceilings and nonload-supporting walls.

    (36) WASTE GENERATOR is any person who owns or operates a source subject to the provisions of this rule according to section (b), and whose act or process produces ACWM.

    (37) WASTE SHIPMENT RECORD is the shipping document, required to be originated and signed by the waste generator, used to track and substantiate the disposition of ACWM as specified by the provisions of subdivision (f).

    (38) WORKING DAY is Monday through Friday and includes holidays that fall on any of the days Monday through Friday.

(d) Requirements
A person subject to this rule shall prevent emissions of asbestos to the outside air by complying with the following requirements:

    (1) Demolition and Renovation Activities
    The owner or operator of any demolition or renovation activity shall comply with the following requirements:

    (2) ACWM Storage Facilities
    The owner or operator of any ACWM storage facility shall comply with the following requirements:

    (3) Active Waste Disposal Sites
    The owner or operator of any waste disposal site where ACWM is being deposited shall comply with the following requirements:

(e) Warning Labels, Signs, and Markings
Warning labels, signs, and markings used to identify asbestos-related health hazards shall comply with the following requirements:

    (1) Leak-Tight Containers

    Leak-tight containers shall be labelled according to the following requirements:

    (2) Active Waste Disposal Sites
    Warning signs for active waste disposal sites shall: (3) Transportation Vehicles
    Markings for transportation vehicles shall:

(f) Waste Shipment Records
Waste Shipment Records shall be prepared and handled in accordance with the following:

    (1) Waste Generators
    A waste generator shall comply with the following:

    (2) Storage and Active Waste Disposal Facilities
    The owner or operator of any storage facility or active waste disposal site shall comply with the following requirements:

(g) Recordkeeping
The following records shall be maintained for not less than three (3) years and made available to the District upon request:

    (1) Demolition and Renovation Activities
    The owner or operator of any demolition or renovation activity shall maintain the following information:

    (2) Storage Facilities
    The owner or operator of any storage facility shall maintain a copy of all Waste Shipment Records.

    (3) Active Waste Disposal Sites
    The owner or operator of an active waste disposal site shall maintain the following information:

    (4) In lieu of the requirements of paragraph (g)(1), the owner or operator of a renovation activity at any facility, in which less than 100 square feet of surface area of ACM on facility components is removed or stripped, shall maintain the following information:

(h) Sampling Protocols and Test Methods

    (1) Sampling of materials suspected to contain asbestos shall be conducted following the provisions of 40 CFR Part 763.107 .

    (2) Analysis of materials for asbestos shall be determined by using SCAQMD Method 300-91 as detailed in the District's Laboratory Methods of Analysis for Enforcement Samples manual, or by using the Method specified in Appendix A, Subpart F, 40 CFR Part 763, Section 1, Polarized Light Microscopy.
    Asbestos analyses performed to comply with this rule must be undertaken by laboratories accredited by the National Voluntary Laboratory Accreditation Program (NVLAP).

(i) Training Requirements
The owner or operator performing the demolition or renovation activity shall provide asbestos-related training as follows:

    (1) On-site supervisory personnel shall successfully complete the Asbestos Abatement Contractor/Supervisor course pursuant to the Asbestos Hazard Emergency Response Act (AHERA), and obtain and maintain accreditation as an AHERA Asbestos Abatement Contractor/Supervisor.

    (2) Workers shall successfuly complete the Abatement Worker course pursuant to the AHERA.

    (3) Supervisory personnel and workers shall be trained on the provisions of this rule as well as on the provisions of 40 CFR Part 61.145, 61.146, 61.147 and 61.152 (Asbestos NESHAP provisions) and Part 763, and the means by which to comply with these provisions.

(j) Exemptions

    (1) The notification requirements of subparagraph (d)(1)(B) and the training requirements of subdivision (i) shall not apply to renovation activities, other than planned renovation activities which involve non-scheduled renovation operations, in which less than 100 square feet of surface area of ACM are removed or stripped.

    (2) The notification requirements of subparagraph (d)(1)(B) and the training requirements of subdivision (i) shall not apply to planned renovation activities which involve non-scheduled renovation operations, in which the total quantity of ACM to be removed or stripped within each calendar year of activity is less than 100 square feet of surface area.

    (3) Subparagraph (d)(1)(A)(v), (vi) and (vii) and subclause (d)(1)(B)(iii)(VI) shall not apply to the owner or operator of any renovation or demolition activity, when the suspected material is removed, stripped, collected, and handled as ACM and disposed of in accordance with the provisions of this rule.

    (4) Subclauses (d)(1)(A)(viii), (d)(1)(B)(iii)(II), (d)(1)(B)(iii)(III) and subparagraph (d)(1)(H) requiring proof of Cal/OSHA Registration and California State Contractors license certification shall not apply to persons performing work not subject to the registration requirements under the Labor Code, Section 6501.5 and Section 9021.5, and Business and Professions Code, Section 7058.5, respectively.

    (5) The provisions of subparagraph (f)(2)(E) shall not apply to storage facilities that do not meet the definition of an active waste disposal site as defined by paragraph ©(1).

    (6) The handling requirements of subclause (d)(1)(D)(i)(II), (d)(1)(D)(i)(V), and (d)(1)(D)(i)(VI), the training requirements of paragraph (i)(1) and (i)(2), the reporting of training certificate requirement of subclause (d)(1)(B)(iii)(VII), and the on-site proof of training requirement of subparagraph (d)(1)(G) and subdivision (i) shall not apply to the exclusive removal of asbestos-containing packings, gaskets, resilient floor covering and asphalt roofing products which are not friable, have not become friable, and have not been subjected to sanding, grinding, cutting, or abrading.

    (7) The provisions of this rule shall not apply to an owner-occupant of a residential single-unit dwelling who conducts a renovation activity at that dwelling.

    (8)The survey requirements of subparagraph (d)(1)(A) shall not apply to renovation activities of residential single-unit dwellings in which less than 100 square feet of surface area of ACM are removed or stripped.

    Updated 7/1/98 JEP