BOARD MEETING DATE: November 3, 2006
AGENDA NO. 28

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:

1. Certifying the Notice of Exemption (NOE) for Rule 1403 –  Asbestos Emissions from Demolition/Renovation Activities;
2. 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