BOARD MEETING DATE: October 5, 2007
AGENDA NO. 38

PROPOSAL:

Amend Rule 1403 – Asbestos Emissions from Demolition/Renovation Activities

SYNOPSIS:

Rule 1403 – Asbestos Emissions from Demolition/Renovation Activities, 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 generated or handled by these activities. The proposed amendments are designed to clarify rule intent, and improve enforceability and overall rule effectiveness.

COMMITTEE:

Stationary Source, September 28, 2007, Reviewed

RECOMMENDED ACTION:

Adopt the attached resolution:

1. Certifying the Final Environmental Assessment (EA) 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. Environmental Protection Agency (U.S. EPA) promulgated emission requirements for asbestos 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 South Coast Air Quality Management District (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 regulation.

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 references into Regulation X on October 4, 1991. The 1994 amendments to Rule 1403 also updated language for consistency with other District rules. In 2006, the rule was amended to improve enforceability and provide clarification.

Proposal

The proposed amendments to Rule 1403 adds a definition for “associated disturbance” and clarifies the definitions of “emergency demolition,” “facility,” and “facility component.” Additionally, for emergency demolitions, the person impacted by the emergency must submit a letter attesting to the circumstances of the emergency. Language pertaining to notifications is updated to allow web-site submittals and electronic transmissions.

Clarification is made that the only demolition by burning is to be done for the purpose of training and must comply with Rule 444 – Open Burning. Language is added to clarify that associated disturbances must result in a cessation of operation and proceed only with a Procedure 5 – Approved Alternative. The removal procedures are restructured to clarify which procedure is used in what circumstances. For example, Procedure 3 – Adequate Wetting must only be used to remove nonfriable asbestos-containing materials, using non-power tools. Procedure 5 is the only method to be employed in the result of fire, explosion or natural disaster. Flexibility is added through a pre-approved Procedure 5.

The proposal requires the on-site retention of copies of notifications and surveys. Corresponding numbering changes are made.

Public Workshops

Two public workshops were held May 16, 2007 and July 20, 2007 with approximately 10 people attending each workshop. Comments received through the close of comments June 6, 2007 and August 10, 2007, respectively, are cumulatively addressed in Appendix A of the Final Staff Report.

CEQA and Socioeconomic Impacts

Pursuant to the California Environmental Quality Act (CEQA) and AQMD Rule 110 – Rule Adoption Procedures, an Environmental Assessment (EA) was prepared for Proposed Rule 1403 and circulated for public review from August 14, 2007 to September 12, 2007. Two comment letters were received from the public. The comment letters and responses to the comments are included in the Final EA. None of the comments alter any conclusions reached in the Draft EA, nor provide new information of substantial importance relative to the Draft document. As a result, recirculation of the document pursuant to CEQA Guidelines §15073.5 was not required.

No measurable socioeconomic impacts are expected for the proposed amendments, because they codify the existing practices with no additional requirements.

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., 39666, 40000, 40001, 40440, 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. Staff will conduct outreach to assist affected industry with the implementation of this rule. This outreach will include the establishment of a working group for a finite period of time to develop and coordinate the training and outreach materials.

Attachments (EXE 471kb)

1. Summary of Proposal
2. Key Issues and Responses
3. Rule Development Process
4. Key Contacts List
5. Resolution
6. Proposed Amended Rule
7. Final Staff Report
8. Final Environmental Assessment (EA) for Rule 1403 –Asbestos Emissions from Demolition/Renovation Activities