State of California
AIR RESOURCES BOARD
Resolution 00-27
July 20, 2000
Agenda Item No.: 00-7-4
WHEREAS, sections 39600 and 39601 of the Health and Safety Code authorize the Air
Resources Board (ARB or Board) to adopt standards, rules and regulations and to do
such acts as may be necessary for the proper execution of the powers and duties
granted to and imposed upon the Board by law;
WHEREAS, on March 27, 1986, the Board identified asbestos (in the following forms:
asbestiform varieties of serpentine (chrysotile), riebeckite (crocidolite), cummingtonite-
grunerite (amosite), tremolite, actinolite, and anthophyllite) as a toxic air contaminant
pursuant to article 3 (commencing with section 39660), chapter 3.5, part 2, division 26
of the Health and Safety Code;
WHEREAS, the Board determined that there is not sufficient available scientific
evidence to support identification of a threshold exposure level for asbestos below
which no significant adverse health effects are anticipated (see title 17, California Code
of Regulations (CCR), section 93000);
WHEREAS, sections 39658 and 39666 of the Health and Safety Code authorize the
Board to establish airborne toxic control measures (ATCMs) for substances identified as
toxic air contaminants in accordance with specified criteria;
WHEREAS, for toxic air contaminants for which the Board has not specified a threshold
exposure level, section 39666 of the Health and Safety Code requires ATCMs to be
designed to reduce emissions to the lowest level achievable through the application of
best available control technology (BACT) or a more effective control method,
considering factors specified in section 39665, unless the Board determines, based on
assessment of risk, that an alternative level of emissions reduction is adequate or
necessary to prevent an endangerment of public health;
WHEREAS, on April 12, 1990, pursuant to section 39666 of the Health and Safety
Code, the Board approved the Asbestos Airborne Toxic Control Measure –
Asbestos-Containing Serpentine, title 17, CCR, section 93106 (Asbestos ATCM), which
prohibits the sale, supply, and use for surfacing applications of serpentine material with
an asbestos content greater than five percent;
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WHEREAS, modeling and monitoring studies conducted since 1990 have shown
continued exposures to elevated levels of asbestos near unpaved surfaces covered with
naturally-occurring asbestos-containing materials, even when the asbestos content of
the material was less than five percent;
WHEREAS, ARB staff has identified quarries, construction, and grading activities
operating in ultramafic rock formations as potential sources of asbestos-containing dust
emissions from disturbances at these facilities;
WHEREAS, ARB staff participated in a multi-agency task force to address issues
related to naturally-occurring asbestos in El Dorado County; the Task Force issued a
White Paper and Findings and Recommendations regarding the asbestos issues; one of
the findings of the Task Force recommended that El Dorado County consider lowering
the five percent asbestos content limit;
WHEREAS, staff from the Department of Conservation, Division of Mines and Geology,
has indicated that naturally-occurring asbestos is more likely to be found in ultramafic
(also called ultrabasic) rock formations located in various areas in California;
WHEREAS, based upon the Task Force’s Findings and Recommendations, information
from the Department of Conservation, Division of Mines and Geology, and the result of
several monitoring and modeling studies, ARB staff has proposed to amend the
Asbestos ATCM;
WHEREAS, the proposed amendments to the Asbestos ATCM would prohibit the sale,
supply, and use for surfacing applications of ultramafic rock with an asbestos content of
0.25 percent or greater, and would also impose notice, recordkeeping, and reporting
requirements;
WHEREAS, staff has worked closely with the air pollution control districts and air quality
management districts (districts), the affected industry, and the public, as required by
Health and Safety Code section 39665, to prepare a report identifying the need for, and
appropriate degree of control of these toxic air contaminants;
WHEREAS, ARB staff has prepared a staff report entitled Initial Statement of Reasons
for the Proposed Amendments to the Asbestos Airborne Toxic Control Measure for
Surfacing Applications and appendices (Initial Statement of Reasons) which provides
estimates of potential cancer risk due to airborne asbestos fibers near unpaved roads,
discusses possible technologically feasible control alternatives, and discusses the
potential cost impacts to the affected industry, local districts, and local and state
government for implementation and compliance with the proposed amendments;
WHEREAS, to support the 1990 Asbestos ATCM, ARB staff prepared a staff report
entitled Initial Statement of Reasons for the Proposed Control Measure for Asbestos-
Containing Serpentine Rock in Surfacing Applications (1990 Staff Report) which
contains estimates of potential risk to people living near roads surfaced with asbestos-
containing material, presents technologically feasible control alternatives, and discusses
the potential cost impacts to affected parties to comply with the Asbestos ATCM;
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WHEREAS, the Initial Statement of Reasons and the 1990 Staff Report constitute the
report on the need and appropriate degree of regulation for asbestos required by Health
and Safety Code section 39665;
WHEREAS, in accordance with Health and Safety Code section 39665(c), the report
and any relevant comments received during public consultation with the districts,
affected sources, and the public were made available for public review and comment
45 days prior to the public hearing to consider the proposed amendments;
WHEREAS, the report discusses, to the extent data could reasonably be made
available, the factors specified in Health and Safety Code section 39665(b);
WHEREAS, the proposed amendments to the Asbestos ATCM would substantially
reduce asbestos emissions resulting from the use of naturally-occurring asbestos-
containing materials for surfacing;
WHEREAS, in accordance with Health and Safety Code section 39666(c), the
amendments have been designed, in consideration of the factors specified in Health
and Safety Code section 39665(b), to reduce emissions of asbestos to the lowest levels
achievable through application of best available control technology (BACT);
WHEREAS, based on comments received during the 45-day comment period prior to
the public hearing, staff has proposed modifications to the original proposal; these
modifications are set forth in Attachment B to this resolution;
WHEREAS, the California Environmental Quality Act and Board regulations require that
no project that may have significant adverse environmental impacts be adopted as
originally proposed if feasible alternatives or mitigation measures are available to
reduce or eliminate such impacts;
WHEREAS, a public hearing and other administrative proceedings have been held in
accordance with the provisions of Chapter 3.5 (commencing with section 11340), Part 1,
Division 3, Title 2 of the Government Code;
WHEREAS, the proposed amendments to the Asbestos ATCM were made available to
the public for review and comment, and concepts and drafts of the amendments were
discussed at public consultation meetings on November 16, 1999, February 4, 2000,
and May 23, 2000;
WHEREAS, in consideration of the staff report, written comments, and public testimony
it has received, the Board finds that:
Existing federal, State, and local regulations do not sufficiently protect the
public health from sources of naturally-occurring asbestos;
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The use of naturally-occurring asbestos-containing material for surfacing
may result in potentially harmful concentrations of asbestos fibers being
entrained in the air, and these asbestos fiber concentrations may pose a
significant health risk to exposed members of the public;
The proposed amendments to the Asbestos ATCM would substantially
reduce asbestos emissions from the use of naturally-occurring asbestos-
containing material for unpaved surfacing applications;
The proposed amendments to the Asbestos ATCM comply with the
requirements of the State law for control of sources of toxic air
contaminants identified by the Board;
The proposed amendments to the Asbestos ATCM constitute the best
available control technology, as required by Health and Safety Code
section 39666(c) and, also constitute a pollution prevention measure;
The economic impacts of the amendments have been analyzed as
required by California law, and the conclusions and supporting
documentation for this analysis are set forth in the Initial Statement of
Reasons;
Suitable alternative surfacing materials are available which do not contain
detectable levels of asbestos;
The benefits to human health, public safety, public welfare, or the
environment justify the costs of the regulatory amendments;
The reporting requirements of the amendments which apply to businesses
are necessary for the health, safety, and welfare of the people of the State;
and
No alternative considered would be more effective at carrying out the
purpose for which the amendments are proposed, or be as effective and
less burdensome to the affected private persons and businesses than the
amendments.
WHEREAS, the Board further finds, in accordance with the Health and Safety Code,
section 39650(e), that:
While absolute and undisputed scientific evidence may
not be available to determine the exact extent of risk from
emissions of asbestos from sources of naturally-occurring
asbestos-containing materials, it is necessary to take action
to protect public health; and
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WHEREAS, pursuant to the requirements of the California Environmental Quality Act
and the Board’s regulations, the Board further finds that:
No significant adverse environmental impacts should occur from the proposed
amendments, with the exception that there may be very small increases in
emissions of diesel particulate matter, carbon monoxide, nitrogen oxides, and
hydrocarbons from heavy-duty diesel vehicles;
These emission increases may occur because in some cases alternative sources
of aggregate may be transported an additional 25 to 50 miles, resulting in
statewide emission increases per year of approximately 100 to 200 pounds of
diesel particulate matter, 200 to 400 pounds of carbon monoxide, 2,000 to 4,000
pounds of nitrogen oxides, and 200 to 400 pounds of hydrocarbons;
The emission increases described above are extremely small, but could
nevertheless constitute an adverse environmental impact;
Because alternative aggregate material is generally more durable and will not
need to be replaced as frequently, any emission increases are expected to be
short-term ones that will diminish over time;
The proposed amendments are necessary in order to protect public health by
reducing asbestos emissions from the use of naturally-occurring asbestos-
containing material for surfacing applications;
The considerations identified above override any adverse environmental impacts
that may occur from an increase in heavy-duty vehicle emissions; and
There are no feasible mitigation measures or alternatives that would reduce the
potential adverse impacts of the proposed amendments, while at the same time
ensuring that the positive environmental impacts (i.e., a reduction in asbestos
emissions) would be achieved.
NOW, THEREFORE, BE IT RESOLVED that the Board hereby approves the proposed
amendments to section 93106, title 17, CCR, as set forth in Attachments A and B
hereto.
BE IT FURTHER RESOLVED that the Board directs the Executive Officer to adopt the
amendments set forth in Attachment A, with the modifications set forth in Attachment B
and such other conforming modifications as may be appropriate, after making the
modified regulatory language and any additional supporting documents and information
available to the public for a period of 15 days, provided that the Executive Officer shall
consider such written comments as may be submitted during this period, shall make
such modifications as may be appropriate in light of the comments received, and shall
present the regulation to the Board for further consideration if he determines that this is
warranted.
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BE IT FURTHER RESOLVED that the Board directs the Executive Officer to continue
working with the Department of Conservation in its efforts to develop assessment
methodologies and guidance documents that will assist in determining the likely
presence of naturally-occurring asbestos-bearing materials on parcels of land.
BE IT FURTHER RESOLVED that the Board directs the Executive Officer, in
consultation with the Department of Conservation, to assist the air pollution control
districts and air quality management districts to:
1. Evaluate existing quarrying and other surface mining operations located in
geographic ultramafic rock units for the presence of ultramafic rock and
other asbestos-containing materials; and
2. Develop digitized geologic maps indicating the locations where asbestos
is more likely to be found for the air pollution control districts and air
quality management districts where asbestos is known to occur.
BE IT FURTHER RESOLVED that, pursuant to sections 39515, 39516, 39600, and
39601 of the Health and Safety Code, the Board expressly delegates to the Executive
Officer the authority to adopt regulatory amendments to the Asbestos ATCM to reflect
updates in the availability of the geologic maps identified in Appendix A to section
93106, title 17, CCR, indicating locations more likely to contain asbestos, and to
conduct public hearings and take other appropriate actions to make such amendments.
BE IT FURTHER RESOLVED that the Board directs the Executive Officer, in
consultation with affected governmental agencies, regulated parties, and the California
Air Pollution Control Officers Association, to develop appropriate implementation
guidance that will allow for expeditious permitting of affected activities.
BE IT FURTHER RESOLVED that the Board directs the Executive Officer, in
consultation with affected governmental agencies, regulated parties, and the California
Air Pollution Control Officers Association, to develop appropriate implementation
guidance that will allow for expeditious permitting of affected activities.
BE IT FURTHER RESOLVED that the Board directs the Executive Officer, in
consultation with the regulated parties and the California Air Pollution Control Officers
Association, to develop appropriate alternative sampling and testing procedures,
including procedures to accommodate the in situ testing of ultramafic rock prior to
excavation.
BE IT FURTHER RESOLVED that the Board directs the Executive Officer to work with
the regulated parties and the California Air Pollution Control Officers Association to
address the potential use of ultramafic rock on unpaved roads located in sparsely
populated areas, in consideration of public health protection and future land use.
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BE IT FURTHER RESOLVED that the Board directs the Executive Officer to explore
options that would provide areas with incentives to pave existing roads surfaced with
asbestos-containing material, while complying with the Asbestos ATCM.
I hereby certify that the above is a true and
correct copy of Resolution 00-27, as adopted
by the Air Resources Board.
______________________________
Marie Kavan, Clerk of the Board
Resolution 00-27
July 20, 2000
Identification of Attachments to the Board Resolution
Attachment A: Proposed amendments to the Asbestos ATCM (section 93106,
title17, California Code of Regulations), as set forth in Attachment A to
the Initial Statement of Reasons, released June 2, 2000.
Attachment B: Staff’s Suggested Changes to the Original Proposal (distributed at the
Board hearing on July 20, 2000).