PROPOSAL:
Amend Proposed Rule 1403 – Asbestos Emissions from Demolition/Renovation
Activities
SYNOPSIS:
Rule 1403 limits asbestos emissions from building demolition and renovation
activities, including the removal and associated disturbance of
asbestos-containing materials, as well as the storage and disposal of
asbestos-containing waste material (ACWM) generated or handled by these
activities. The proposed amendments are designed to clarify rule intent,
and improve both enforcement of the rule’s requirements and its overall
effectiveness.
COMMITTEE:
Stationary Source, September 22, 2006,
Reviewed
RECOMMENDED ACTION:
Adopt the attached resolution:
- Certifying the Notice of Exemption (NOE) for Rule 1403 – Asbestos
Emissions from Demolition/Renovation Activities;
- Amending Rule 1403 – Asbestos Emissions from Demolition/Renovation
Activities.
Barry R. Wallerstein, D.Env.
Executive Officer
Background
Rule 1403 – Asbestos Emissions from Demolition/Renovation Activities was
adopted by the Board on October 6, 1989 to limit asbestos emissions from
building demolition and renovation activities, including the removal and
associated disturbance of asbestos-containing materials, as well as the storage
and disposal of asbestos-containing waste material (ACWM) generated or handled
by these activities. The U.S. EPA promulgated emission requirements for
asbestos on April 5, 1984 (49 FR 13661) as part of the National Emission
Standards for Hazardous Air Pollutants (NESHAP) program (40 Code of Federal
Regulation (CFR), Part 61, Subpart M) under section 112 of the Clean Air Act (CAA).
The AQMD has been delegated authority by the U.S. EPA to implement Part 61 which
is accomplished through the adoption of and periodic amendments to Regulation X
– National Emission Standards for Hazardous Air Pollutants. Delegated
authorities have the option of adopting and enforcing stricter regulations.
U.S. EPA revised the NESHAP for asbestos on November 20, 1990 (55FR 48406).
Rule 1403 was amended April 8, 1994 to make it consistent with the revised
NESHAP for asbestos, which was adopted by reference into Regulation X on October
4, 1991. The 1994 amendments to Rule 1403 also updated language for
consistency with other District rules.
Proposal
The proposed amendments to Rule 1403 are administrative in nature and are
designed to clarify rule intent, as well as improve enforcement and the overall
effectiveness of the rule. The proposed changes will facilitate compliance
for contractors and others who work with asbestos. Two new definitions are
proposed to be added to clarify existing requirements for on-site storage of
asbestos-containing waste materials. The definition of “emergency
renovation” has been modified to indicate that an economic burden does not alone
constitute an emergency. The code reference in the definition “Glovebag” and
related rule language have been updated.
Facility survey (clause (d)(1)(A)(ii)) requirements have been more clearly
specified as to the thoroughness that is expected in the survey. For
example, invasive examination of all materials includes such steps as pulling up
carpeting and even removing flooring materials down to the joist and examining
all layers of wall material to the stud-level. In addition, a new
subclause has been added to clarify that the survey must contain a general
description of the condition of the facility such as obvious fire or structural
damage. Clarifying language is proposed for subclause (d)(1)(A)(IV) to
include a sketch of where samples are collected in the survey reports.
Clause (d)(1)(B)(v) is restructured to clarify that an unreasonable financial
burden is not a stand-alone justification for emergency renovation activities.
Such burden must be accompanied by a sudden, unexpected event. Other
provisions remove a past compliance date and clarify registration and/or
certification requirements for contractors. Finally, other clarifying
language has been added and corrections have been made to typographical errors.
Public Workshops
A public workshop was held August 22, 2006 with approximately 25 people
attending. Comments received through the close of comments September 5,
2006 resulted in further clarifications and improvements to the rule. Each
comment is addressed in the Staff Report. Additionally, 22 workshop
packages were distributed to persons attending Rule 1403 compliance promotion
classes held at AQMD headquarters on August 30 and September 20.
CEQA and Socioeconomic Impacts
Staff has reviewed the proposed project pursuant to California Environmental
Quality Act (CEQA) Guidelines §15002(k)(1) and has concluded that the proposed
project is administrative in nature because it merely involves clarifying rule
language to reflect existing practice, which does not create any new adverse
impacts to the environment. Therefore, it can be seen with certainty that
there is no possibility that the proposed project may have a significant effect
on the environment and, therefore, is exempt from CEQA pursuant to CEQA
Guidelines §15061(b)(3). Upon approval of the proposed project, a notice
of exemption will be prepared pursuant to CEQA Guidelines §15062 and sent for
posting to the county clerks in the four counties within the jurisdiction of the
AQMD.
No socioeconomic impact assessment was performed for the proposed amendments
because the proposed amendments are administrative in nature and do not impact
emissions.
AQMP and Legal Mandates
The AQMD obtains authority to adopt, amend, or repeal rules and regulations
from Health and Safety Code §§39002, 39650 et seq., 40000, 40001, 40702, 40725
through 40728, 41508, and 41700.
Implementation Plan
The proposed amendments do not materially affect the structure or function of
existing programs associated with the implementation of Rule 1403 – Asbestos
Emissions from Demolition/Renovation Activities. Staff is available to
assist facilities affected by the proposed amendments.
Resource Impacts
Current AQMD resources are sufficient to implement and enforce proposed
amended Rule 1403.
Attachments
(EXE 108KB)
A. Summary of Proposal
B. Key Issues and Responses
C. Rule Development Process
D. Key Contacts List
E. Resolution
F. Proposed Amended Rule
G. Final Staff Report
H. Notice of Exemption
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