Julie V. Wellings, CAC, CIH

Under Cal/OSHA regulations (Title 8 CCR §1529), disturbance of asbestos-containing rock and soil is considered an “unclassified” activity and subject to only the minimum work practice requirements (e.g., wet methods, exposure monitoring, use of personal protective equipment). However, regulations adopted by the California Air Resources Board (CARB) in July 2001, include substantial requirements for control of airborne asbestos at work sites with naturally-occurring asbestos.

Title 17 CCR §93105 is the CARB Asbestos Airborne Toxic Control Measure (ATCM) for Construction, Grading, Quarrying or Surface Mining Operations. The ATCM applies to activities on property that is located in a geographic ultramafic rock unit (as identified on geologic maps) and/or has otherwise been determined to contain ultramafic rock, serpentine or naturally-occurring asbestos. An exemption may be granted for property located in a geographic ultramafic rock unit if a geologic evaluation has determined that neither ultramafic rock nor serpentine are likely to be found in the area to be disturbed. An exemption may also be granted for crushing, screening and conveying equipment, stockpiles and off-site material transport at a sand and gravel operation if only alluvial deposits are processed.

The ATCM specifies requirements for three general types of activities in areas with known or suspected asbestos-containing material: (1) road construction and maintenance, (2) construction and grading operations, and (3) quarrying and surface mining operations. In general, with some exemptions, the following control measures must be implemented:

Wet methods must be used during disturbance of known or suspected asbestos-containing material. Equipment and operations must not cause visible emissions across project boundaries.

Storage piles, disturbed areas, and unpaved areas subject to vehicle traffic must be stabilized using wet methods, chemical dust suppression or a cover material containing less than 0.25 percent asbestos.

The speed of vehicles and equipment traveling across unpaved areas must be limited to 15 miles per hour, unless stabilization is adequate to prevent visible emissions at higher speeds.

Crushing, screening and conveying equipment must be equipped with spray-bars and shrouds as necessary to prevent visible emissions exceeding specified opacities.

Loads to be transported off-site must be adequately wetted and either (1) covered with tarps or (2) loaded so that the material at the sides is at least six inches below and the material in the center does not extend above the top of the cargo compartment.

Visible track-out from vehicles and equipment onto paved public roadways must be prevented and cleaned up with 24-hours of accidental occurrence.

In addition:

Road Construction and Maintenance: Fourteen-day prior notification of the local air pollution control officer (APCO) is required for construction and maintenance of roads that are not part of a construction or grading activity, quarry or surface mine, except that notification may be provided by the next business day for emergency road repairs.

Construction, Grading, Quarrying and Surfacing Mining: Except for construction and grading sites where less than one acre is disturbed, an Asbestos Dust Mitigation Plan must be submitted for approval by the APCO. Air monitoring for asbestos may be required by the APCO. Records of air monitoring, geologic evaluations and bulk sampling must be kept for at least 7 years.

Employers and operators should also note the requirements of Title 17 CCR §93106, the CARB Asbestos Airborne Toxic Control Measure (ATCM) for Surfacing Applications. This section applies to any person who produces, sells, supplies, uses, applies or transports “restricted” material. Restricted material includes (1) aggregate material extracted from property located in a geographic ultramafic rock unit and (2) aggregate material otherwise determined to be ultramafic rock or serpentine and/or known have an asbestos content of 0.25 percent or greater. Under this ATCM, material known or suspected to contain greater than 0.25 percent asbestos may not be used for surfacing. In addition, restricted sold or supplied for surfacing or non-surfacing applications (depending on the asbestos content) must be accompanied by a written receipt containing warnings and information regarding the asbestos content of the material.

Detailed requirements can be found on the CARB website ( www.arb.ca.gov/toxics/atcm.htm ). Please call if you need assistance in managing your asbestos-related projects and work sites.

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