• Asbestos Boletin (Spanish) PDF
• Asbestos Consultants and Abatement Contractors Based in the District  PDF

• Asbestos Notification Form   Word Document   PDF

• Asbestos Removal Fees   PDF
• Demolition Permit Release Form   Word Document   PDF

• Renovation Permit Release Form   Word Document   PDF

• Fire Suppression Training Plan Word Document

The San Joaquin Valley Unified Air Pollution Control District (District) has regulations which require compliance with the asbestos demolition and renovation requirements developed by the United States Environmental Protection Agency (EPA) in the National Emission Standards for Hazardous Air Pollutants (NESHAP) regulation, 40 CFR, Part 61, Subpart M. The purpose of this bulletin is to provide an overview of the NESHAP notification, inspection, and emission control requirements.

SUMMARY

For any renovation or demolition of a regulated facility, you must do the following:

· INSPECT: Conduct an asbestos inspection of the facility before:

« Any renovation occurs in which 160 square feet or more of building materials, or 260 linear feet or more of pipe insulation, will be disturbed at a regulated facility, or

« Any demolition occurs at a regulated facility. (See page 2 for the definition of demolition.)

Regulated facilities (Facilities subject to the NESHAP) include all commercial buildings, residential buildings with more than four dwelling units, other structures, and non-portable equipment. A single family dwelling or residential building with four or fewer dwelling units may be exempt, depending on it’s past use and future use of the property. The EPA has extensive policy on NESHAP applicability to these structures. Contact the District to determine if your project is regulated.

· ASBESTOS ABATEMENT: If asbestos-containing materials (ACM) are discovered which will be disturbed during a renovation or demolition, they must be removed prior to those projects under most circumstances. Also, Cal-OSHA and Cal-EPA hazardous waste regulations apply in most cases.

· NOTIFY: Submit an asbestos notification form to the District for any regulated asbestos abatement project or regulated demolition, 10 working days before the activity begins.

A regulated asbestos abatement project is one in which at least 160 square feet of regulated asbestos-containing building materials (RACM) or 260 linear feet of asbestos-containing pipe insulation is disturbed.

Regulated demolitions are demolitions of "facilities" described above. Notification is required for any regulated demolition, whether or not asbestos is present.

· FEES: Pursuant to District Rule 3050, fees must be submitted to the District along with the notifications for all regulated renovations and demolitions.

· DEMOLITION PERMIT RELEASE FORM: Any demolition (regulated or not) for which a building department demolition permit is applicable, requires a completed Demolition Permit Release form. Building officials will require an approved copy of this form, signed by the District, prior to the

DEFINITIONS: § 141

1. FACILITIES - Facilities subject to the rule include "all structures, installations, buildings and equipment, except for a single family dwelling (SFD) or a residential building with four or fewer dwelling units." However, a SFD or building with four or fewer dwelling units is also subject to the regulation if:

A. It had been used for, or is being removed to be replaced by a nonresidential use, or

B. It is to be used as a training burn exercise.

Sites with more than one such building to be remodeled or demolished are always regulated.

2. DEMOLITION - In addition to the total destruction of a structure, demolitions include "the removal of any structural load-bearing member from a facility together with any related handling operations or the intentional burning of a building" (training burns conducted by a fire fighting agency). Also, the separation of a structure from its foundation prior to relocation is a demolition.
3. RENOVATION - means "altering a facility or one or more facility components in any way, including the stripping or removal of regulated asbestos-containing material (RACM) from a facility component." Renovations include all activities in which asbestos could be disturbed at a regulated facility, including the clean up and removal of debris from buildings which have burned.
4. REGULATED ASBESTOS-CONTAINING MATERIAL (RACM) - includes:

• Friable asbestos-containing material (ACM), which is any material containing more than 1 percent asbestos, as determined by Polarized Light Microscopy (PLM) testing, which, when dry, can be crumbled, pulverized, or reduced to powder by hand pressure.
• Category I Nonfriable ACM that is in poor condition and "has become friable" or "that has, or will be subjected to sanding, grinding, cutting, or abrading." (Category I Nonfriable ACM means "asbestos-containing packings, gaskets, resilient floor coverings, and asphalt roofing products containing more than 1 percent asbestos as determined by PLM testing that, when dry, cannot be crumbled, pulverized or reduced to powder by hand pressure.")
• Category II Nonfriable ACM that has a high probability of becoming, or has become, crumbled, pulverized, or reduced to powder by the forces expected to act on the material in the course of demolition or renovation. (Category II Nonfriable ACM is "any asbestos-containing material, excluding Category I ACM, containing more than 1 percent asbestos as determined by PLM testing, that, when dry, cannot be crumbled, pulverized or reduced to powder by hand pressure.")

INSPECTION: § 145 (a)

An asbestos inspection must be performed by the owner or operator prior to:

1. Any regulated demolition.

2. Any renovation activity in which more than 160 square feet of building materials or 260 linear feet of pipe insulation will be disturbed. An inspection is not necessary, however, if the material to be disturbed is stipulated to be asbestos-containing and will be removed in accordance with the NESHAP.

Cal-OSHA regulations in the California Labor Code, § 9021.5 through 9021.8, require asbestos consulting services be done by or under the direction of a Cal-OSHA certified consultant.

The District requires inspection reports to include:

1. A schematic showing the location of all tested materials.

2. The following data for all asbestos-containing materials:

A. The amount and description of each material.

B. Percent asbestos content.

C. Whether or not the material is friable.

A report of the asbestos inspection must be received with each demolition notification.

NOTIFICATION: § 145 (b)

An asbestos notification must be submitted to the District at least 10 working days prior to:

1. Any regulated demolition (see definitions of demolition and facility above.)

2. Any renovation in which more than 160 square feet or 260 linear feet of RACM will be disturbed.

The District notification form and instructions for filling it out are included in this bulletin.

Notifications will not be considered complete, nor will the 10 working day notice period begin, until all of the required information and fees have been submitted to the District.

Notifications may be delivered by hand, U.S. mail, or commercial courier. Facsimile is not an acceptable method of delivery.

ASBESTOS ABATEMENT: § 145 (c)

Asbestos-containing materials discovered during the inspection process, which will be disturbed during renovation or demolition, must be removed properly prior to demolition or renovation. Employees engaged in asbestos abatement work must be properly trained and equipped for this work in accordance with Cal-OSHA regulations. The Cal-OSHA and NESHAP regulations have specific work practice requirements that must be followed during the removal of these materials. Also, the NESHAP regulation and Cal-EPA have waste handling, transportation, and disposal requirements that must be adhered to.

FEES

A nonrefundable fee must be paid with each demolition and renovation notification, in accordance with SJVUAPCD Rule 3050, Asbestos Removal Fees, which is attached. Fees for asbestos abatement projects are based on the amount of ACM removed. If a project involves at least 160 square feet, 260 linear feet, and/or 35 cubic feet or more of ACM, fees for each quantity of material are determined and added together to arrive at the total fee for the project.

The fee for a demolition notification is $ 114.

DEMOLITION PERMIT RELEASE FORM

State law requires city or county building officials to have proof of compliance with, or exemption from, the asbestos NESHAP notification requirements before they issue demolition permits. In order to facilitate this the District has developed a Demolition Permit Release form (attached). For facilities subject to the NESHAP, the District will issue a Demolition Permit Release form once it has been properly noticed of the work that is to occur. The signed release form does not guarantee that asbestos abatement or demolition work is being done properly. For all demolitions, including facilities exempt from the NESHAP, the applicant must fill out the Demolition Permit Release form and have it signed by the District before obtaining a building department demolition permit. The District allows facsimile transmittal of release forms.

RECYCLING AND WASTE DISPOSAL

In addition to providing waste disposal information about RACM, the asbestos notification must identify any building materials that will be recycled after removal from a project. The name of the recycling contractor and location of such activity must be identified.

NO ASBESTOS-CONTAINING OR ASBESTOS CONTAMINATED

MATERIAL MAY BE RECYCLED.

If you have any questions, we encourage you to contact one of our three regional offices.