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Asbestos Notification Requirements

Asbestos Regulation

Asbestos SignCancer-causing asbestos fibers can be emitted into the air from demolition and renovation projects.  District Rule 423 provides conditions for the enforcement of 40 CFR Part 61, Subpart M (National Emission Standards for Hazardous Air Pollutants [NESHAPs] for Asbestos).

 

 

Notification Requirements

An owner/operator of a regulated facility must submit an Asbestos Notification to the District for All impending Demolition and Renovation projects occurring in Eastern Kern County.

 

All regulated facilities must have an asbestos inspection/survey conducted by a Certified Asbestos Consultant (CAC), prior to start of any demolition or renovation, regardless of age of the building/structure.

 

 

Regulated Facility

Any institutional, commercial, public, industrial or residential structure, installation or building including any structure, bridge, condominium, or individual dwelling units operated as a residential cooperative,but excluding residential buildings having four or fewer dwelling units under one roof; any ship; or any active or inactive waste disposal site.  Any building, structure or installation that contains a loft used as a dwelling is not considered residential. Any structure, installation, or building that was previously subject to the Asbestos NESHAP is not excluded, regardless of its current use or function.

 

 

Regulated Activity

An action in which a regulated facility undergoes a demolition or renovation that exceeds the NESHAP threshold (more than 160 square feet, or 260 linear feet, or 35 cubic feet) of construction material is to be disturbed, regardless of whether or not asbestos is present.

 

 

Complete Notification

A complete notification is a crucial component that allows the District to determine NESHAP applicability for projects that may disturb asbestos containing materials (ACM).

 

A Complete Notification includes:

 

1.   Copy of the asbestos survey conducted by a CAC;

 

2.   Completed EKAPCD Asbestos Notification form;

 

3.   Any/all applicable fees.

 

 

Demolition

Regardless of the age of the building or structure, an asbestos survey must be conducted on all Regulated Facilities prior to demolition.

 

The following conditions also apply:

 

1.   Applicable fees must be paid pursuant to District Rule 306, (Asbestos Removal Fees) if presence of Regulated Asbestos Containing Material (RACM) or Category I or II that may become friable exceed the NESHAP threshold (160 square feet, 260 linear feet, or 35 cubic feet).

 

2.   10-day (working day) job-wait period is required for all regulated facilities.

 

3.   A Demolition Permit Release must be obtained for All demolition projects.

 

Demolition of a single family dwelling (SFD), that is not part of a regulated facility, is EXEMPT from asbestos survey requirements.  However, Notification must be submitted to the District along with a $175 demolition fee pursuant to Rule 306.  District notification and demolition fee must be received prior to issuance of a Demolition Permit Release.

 

 

Renovation

Prior to any renovation activity, on any regulated facility, regardless of the age of the building or structure, owner/operator must comply with the following:

 

1.   Conduct a thorough inspection of the affected facility to determine presence of any Regulated Asbestos Containing Material (RACM) along with any Category I or Category II ACM.

 

2.   10-day (working day) job-wait period is required if the disturbance contains greater than 1% RACM, or Category I/II ACM that may become friable, and exceeds the NESHAP threshold (160 sq. ft., 260 linear ft., or 35 cubic ft.).

 

Renovation of a single family dwelling (SFD), that is Not part of a regulated facility is EXEMPT from survey and notification requirements.

 

 

Penalties

Asbestos NESHAP violations range from $500 to $50,000 per violation, per day.

 

Asbestos Notification Form

 

Rule 306, Asbestos Removal Fees

 

Printable copy of the Asbestos Notification Brochure

 

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