SHASTA COUNTY AIR QUALITY MANAGEMENT DISTRICT

RULE 3:22 - ASBESTOS AIRBORNE TOXIC CONTROL MEASURE: ASBESTOS-CONTAINING SERPENTINE
(Adopted 1/14/92)

a. Definitions

For the purposes of this section, the following definitions shall apply:

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

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

ARB Test Method 435: The test method specified in Title 17, California Code of Regulations, Section 94147.

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

Asbestos-containing serpentine material: Serpentine material that has an asbestos content greater than five percent (5.0%) as determined by ARB Test Method 435.

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.

Road surface: The traveled way of a road and any shoulder that extends up to ten (10) feet from the edge of the traveled way.

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

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

Serpentine material: Any material that contains at least ten percent (10%) serpentine as determined by a registered geologist. The registered geologist must document precisely how the serpentine content of the material in question was determined.

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

b. Requirements for Use or Sale of Asbestos-Containing

Serpentine Material

1. No person shall use or apply serpentine material for surfacing in California unless the material has been tested using ARB Test Method 435 and determined to have an asbestos content of five percent (5%) or less.
   
   A written receipt or other record documenting the asbestos content shall be retained by any person who uses or applies serpentine material for at least seven (7) years from the date of use or application, and shall be provided to the Air Pollution Control Officer (APCO), or his or her designate, for review upon request.
   
   
2. Any person who sells, supplies, or offers for sale serpentine material in California shall provide with each sale or supply a written receipt containing the following statement:
   
   Serpentine material may have an asbestos content no greater than five percent (5%). 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 (5%) 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 (7) years if the material is used for surfacing.
   
   
3. No person shall sell, supply, or offer for sale serpentine material for surfacing in California unless the material has been tested using ARB Test Method 435 and determined to have an asbestos content of five percent (5%) or less. Any person who sells, supplies, or offers for sale serpentine material that he or she represents, either orally (continued) or in writing, to be suitable for surfacing or to have an asbestos content that is five percent (5%) or less shall provide to each purchaser or person receiving the serpentine material a written receipt that specifies the following information:
   
   
   • The amount of serpentine material sold or supplied;
   • The dates that the serpentine material was produced, sampled, tested, and supplied or sold; and
   • The asbestos content of the serpentine material as measured by ARB Test Method 435. A copy of the receipt must, at all times, remain with the serpentine material during transit and surfacing.
     
     
4. Any person who sells, supplies, or offers for sale serpentine material shall retain copies of all receipts and copies of any analytical test results from asbestos-testing of the serpentine material for a period of at least seven (7) years from the date of sale or supply.
   
   Upon request, all receipts and test results shall be provided to the APCO, or his or her designate, for review.
   
   
5. 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.

c. Exemptions

1. The provisions of Subdivision b.2 through b.5 shall not apply to sand and gravel operations.
   
   
2. The provisions of Subdivision b.1 shall not apply to roads located at serpentine quarries, asbestos mines, or mines located in serpentine deposits.
   
   
3. The provisions of Subdivision b.1 shall not apply to 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.
   
   
4. Emergency Road Repairs: The APCO may issue a temporary exemption from the requirements of Subdivision 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 exemptions shall be effective, provided that no exemption shall remain in effect longer than six (6) months.
   
   
5. Bituminous and Concrete Materials: The provisions of Subdivision b. shall not apply to serpentine material that is an integral part of bituminous concrete, portland cement concrete, bituminous surface, or other similar cemented materials.
   
   
6. The provisions of Subdivision b. shall not apply to landfill operations other than the surfacing of public-access roads dedicated to use by vehicular traffic.

NOTE: Authority cited: Sections 39600, 39601, 39650, and 39666 of the Health and Safety Code. Reference: Sections 39650 and 39666 of the Health and Safety Code.