A. Why are asbestos surveys required by law? | A. Why are asbestos surveys required by law? | <font color="#000000" face="Times New Roman" size="3">
</font><p>The Clean Air Act (CAA) requires the
U. S. Environmental Protection Agency (EPA) to develop and enforce regulations
to protect the general public from exposure to airborne contaminants that are known
to be hazardous to human health. In accordance with Section 112 of the CAA, EPA
established National Emissions Standards for Hazardous Air Pollutants (NESHAPS)
to protect the public. Asbestos was one of the first hazardous air pollutants
regulated under Section 112. On March 31, 1971, EPA identified asbestos as a
hazardous pollutant, and on April 6, 1973, EPA first promulgated the Asbestos NESHAPS
in 40 CFR Part 61. The Sacramento
AQMD administers an asbestos
removal program under Rule 902, Asbestos.</p><font color="#000000" face="Times New Roman" size="3">
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B. In what instances is an asbestos inspection/survey required? | B. In what instances is an asbestos inspection/survey required? | <font color="#000000" face="Times New Roman" size="3">
</font><p>SacMetro AQMD Asbestos Rule 902 requires a thorough inspection for the
presence of asbestos prior to the start of all renovations and/or demolitions
of any “facility”. As defined in the regulation, a "facility" is any
institutional, commercial, public, industrial or residential structure,
installation or building (including any structure, installation or building
containing condominiums, or individual dwelling units, operated as a
residential cooperative, but excluding residential buildings having four or
fewer dwelling units); 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 Rule 902 is not excluded, regardless of
its current use or function. </p><font color="#000000" face="Times New Roman" size="3">
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C. Who is responsible for submitting an application -- the owner of the building, which is being demolished or renovated, or the contractor? | C. Who is responsible for submitting an application -- the owner of the building, which is being demolished or renovated, or the contractor? | <font color="#000000" face="Times New Roman" size="3">
</font><p>Sac Metro Air Quality Asbestos Rule 902 states that
either the owner of the building or operator of the demolition or renovation
operation can submit the application. Usually, the two parties decide together
who will apply. If no adequate notice is provided, one or both parties can be
held liable. </p><font color="#000000" face="Times New Roman" size="3">
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D. How big does my project have to be in order to be subject to Asbestos Rule 902? | D. How big does my project have to be in order to be subject to Asbestos Rule 902? | <p>
Asbestos Rule 902 must be followed
for all renovations of facilities with at least 160 square or 260 linear feet of suspect
asbestos containing materials. These amounts are known as the
"threshold" amounts. </p><p>Demolitions of any size are jurisdictional requiring notification to the Sacramento AQMD prior to commencement of the project.</p><font color="#000000" face="Times New Roman" size="3">
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E. Will Sac Metro Air Quality test my building for asbestos for me? | E. Will Sac Metro Air Quality test my building for asbestos for me? | <font color="#000000" face="Times New Roman" size="3">
</font><p>No. Owners and operators are
responsible for arranging testing by a Certified Asbestos
Consultant prior to commencement of construction.</p><font color="#000000" face="Times New Roman" size="3">
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F. Am I required to submit an application for a renovation/demolition project when no asbestos is present? | F. Am I required to submit an application for a renovation/demolition project when no asbestos is present? | <font color="#000000" face="Times New Roman" size="3">
</font><p>Yes. All renovations
with jurisdictional amounts of "suspect" asbestos containing building materials and demolitions of any size require application to be submitted to the Sac Metro Air Quality prior to project commencement.</p><font color="#000000" face="Times New Roman" size="3">
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G. Do I need to get an asbestos survey before the Building Department will issue my permit? | G. Do I need to get an asbestos survey before the Building Department will issue my permit? | <font color="#000000" face="Times New Roman" size="3">
</font><p>Yes. In most cases, the Building department will inform you of Sac Metro Air District Asbestos Survey requirements. Please be advised it is ultimately your responsibility to understand if your project needs an Asbestos Survey and arrange for it to be conducted. Survey requirement information can be found on this webpage <a href="/StationarySources/Pages/Asbestos-in-Building-Materials.aspx">Asbestos in Building Materials</a> (<a href="/" target="_blank">www.airquality.org</a>).</p><font color="#000000" face="Times New Roman" size="3">
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H. Are recently constructed facilities subject to the asbestos regulations? | H. Are recently constructed facilities subject to the asbestos regulations? | <font color="#000000" face="Times New Roman" size="3">
</font><p>Yes. There is no exclusion date in
the asbestos regulations for new facilities.</p><font color="#000000" face="Times New Roman" size="3">
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I. Are single-family private residences regulated by the Asbestos Rule 902? | I. Are single-family private residences regulated by the Asbestos Rule 902? | <p>
Under most circumstances, no. Please call the SacMetro AQMD Asbestos Staff if you want a jurisdictional determination for your project.
</p> |
J. Are single-family private residences that are demolished or renovated to build non-residential structures regulated by the Asbestos Rule 902? | J. Are single-family private residences that are demolished or renovated to build non-residential structures regulated by the Asbestos Rule 902? | <font color="#000000" face="Times New Roman" size="3">
</font><p>Yes. For example, the Asbestos Rule
902 regulates multiple residential structures that are demolished as part of an
urban renewal project, a highway construction project, or a project to develop
a shopping mall. A single home which is converted into a non-residential
structure is also regulated by the Asbestos Rule 902. For example, if someone
buys a house and converts it into a grocery store, the renovation is subject to the Asbestos
Rule 902. </p><font color="#000000" face="Times New Roman" size="3">
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K. What is a renovation? | K. What is a renovation? | <font color="#000000" face="Times New Roman" size="3">
</font><p>A renovation is altering a facility
or one or more facility components in any way, including the stripping or
removal of Regulated Asbestos Containing Materials (RACM) from a facility
component. It includes (but is not limited to) any interior or exterior remodel project disturbing and or removing RACM but does not affect load-supporting structural members.</p><font color="#000000" face="Times New Roman" size="3">
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L. What is a demolition? | L. What is a demolition? | <font color="#000000" face="Times New Roman" size="3">
</font><p>A demolition means the relocating, wrecking or
taking out of any load-supporting structural member of a facility together with
any related handling operations or the intentional burning (i.e. training
burns) of any facility. Moving portable buildings is considered a demolition by the EPA. </p><font color="#000000" face="Times New Roman" size="3">
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M. Does the SacMetro AQMD provide consultation for renovation/demolition projects? | M. Does the SacMetro AQMD provide consultation for renovation/demolition projects? | <font color="#000000" face="Times New Roman" size="3"></font>Yes. Consulting hours are Monday – Thursday, 9:00 AM – 12:00 PM. |
N. Is there an "official" renovation/demolition application form? | N. Is there an "official" renovation/demolition application form? | <font color="#000000" face="Times New Roman" size="3">
</font><p>Yes. You may apply via the Online Service Portal at AirQuality.org/Services.<br></p><font color="#000000" face="Times New Roman" size="3">
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O. Can I pay demolition or asbestos abatement fees online? | O. Can I pay demolition or asbestos abatement fees online? | <p><br></p><p>Pay Demolition and Abatement fees via the Online Service Portal at Airquality.org/Services via credit card/echeck or in person by check or credit card.<br></p> |
P. Is there a fee for notifying renovations with no asbestos being disturbed on the project? | P. Is there a fee for notifying renovations with no asbestos being disturbed on the project? | <p>No.</p> |
Q. What are the fees for demolitions and asbestos abatement projects? | Q. What are the fees for demolitions and asbestos abatement projects? | <font size="3" face="Times New Roman" color="#000000">
</font><p>Standard
fee for single demolition projects and small asbestos abatement projects <500 square feet is $435.00.
Please call SacMetro AQMD at 279-207-1122 for the fee schedule for larger abatement
projects or visit <a href="/" target="_blank">www.airquality.org</a>.</p><font size="3" face="Times New Roman" color="#000000">
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R. What is the notification time period for renovations with no asbestos impacted? | R. What is the notification time period for renovations with no asbestos impacted? | <font color="#000000" face="Times New Roman" size="3">
</font><p>Most
renovation notifications with no asbestos impacted are reviewed and returned
during the same business day but can take up to 2 days to process depending on staff availability and other scheduling considerations.</p><font color="#000000" face="Times New Roman" size="3">
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S. What is the notification time period for demolitions or asbestos abatement projects? | S. What is the notification time period for demolitions or asbestos abatement projects? | <font color="#000000" face="Times New Roman" size="3">
</font><p>There is a
10-day notification period for demolitions and asbestos abatement projects. </p><font color="#000000" face="Times New Roman" size="3">
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T. Where do I send my survey and application? | T. Where do I send my survey and application? | <font size="3" face="Times New Roman" color="#000000">
</font><p>Completed surveys and applications (and fees when applicable) may
be submitted to Sac Metro Air Quality via the online services portal at AirQuality.org/Services:</p><p>Fax: 279-207-1144<br></p><p>US Mail or Hand Delivery:</p><p>777 12th Street, 3rd Floor<br></p><p>Sacramento, CA 95814</p><font size="3" face="Times New Roman" color="#000000">
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U. What asbestos-containing materials (ACMs) are regulated under the Asbestos Rule 902? | U. What asbestos-containing materials (ACMs) are regulated under the Asbestos Rule 902? | <font color="#000000" face="Times New Roman" size="3">
</font><p>ACM regulated under the Rule 902 is
referred to as "Regulated Asbestos-Containing Material" (RACM). RACM
is defined in Rule 902 and includes: (1) Friable asbestos-containing material;
(2) Category I non-friable ACM that has become friable; (3) Category I
non-friable ACM that has been or will be sanded, ground, cut, or abraded; or
(4) Category II non-friable ACM that has already been or is likely to become
crumbled, pulverized, or reduced to powder by hand pressure.</p><font color="#000000" face="Times New Roman" size="3">
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V. What will happen if I violate the Asbestos Rule 902? | V. What will happen if I violate the Asbestos Rule 902? | <font color="#000000" face="Times New Roman" size="3">
</font><p>Sanctions vary. In some cases,
Notices to Comply (NTC) -- written warnings -- or Notices of Violation (NOVs)
are issued to owners or operators who violate notification requirements.
Violators of the work practice or disposal standards may be subject to NOVs
and/or civil penalties up to $75,000 per day per violation, depending upon the
seriousness of the violation. Federal EPA may also bring criminal charges against
violators. Some owners and operators who have knowingly violated the Federal EPA Asbestos Rule have been sentenced to prison terms. </p><font color="#000000" face="Times New Roman" size="3">
</font><p>For more information on penalties
and enforcement, see the EPA Public Information Document entitled
"Asbestos NESHAP Enforcement." </p><font color="#000000" face="Times New Roman" size="3">
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W. What is the maximum penalty which can be assessed for Asbestos Rule 902 violations? | W. What is the maximum penalty which can be assessed for Asbestos Rule 902 violations? | <font color="#000000" face="Times New Roman" size="3">
</font><p>$75,000 per day, per violation, with
no absolute maximum, per the California Health & Safety Code. </p><font color="#000000" face="Times New Roman" size="3">
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X. Does SMAQMD Rule 902, Asbestos, Require Point Counting? | X. Does SMAQMD Rule 902, Asbestos, Require Point Counting? | <p>Sac Metro Air District Rule 902, Section 501.2, mandates that asbestos surveys reporting asbestos content <10% be verified using the point counting method (40 CFR Part 763, Polarized Light Microscopy). While point counting increases initial survey costs, it provides a more accurate analysis and may ultimately reduce overall project expenses. If point counting determines that the material contains <1% asbestos, it is not regulated by the Sac Metro Air District, potentially lowering notification, abatement, and disposal fees. However, other agencies may still regulate the project.<br>CACs, SSTs, and EPA Building Inspectors must inform clients of this requirement so they can assess whether the additional analysis cost is appropriate for their project. Clients may choose to decline point counting, in which case the material will be assumed to be Asbestos Containing Material (ACM), subject to notification, abatement, and disposal fees. This Consultant/Client discussion must be documented in the asbestos survey report. Failure to comply with the point count requirement could result in report rejection and a violation of Rule 902, Asbestos.</p> |