The purpose of the Asbestos Program is to protect the public from uncontrolled emissions of asbestos through implementation and enforcement of the federal National Emissions Standard for Hazardous Air Pollutants (NESHAP) for Asbestos and MBARD Rule 424.
MBARD has been delegated by the EPA to implement and enforce the asbestos NESHAP regulation within our air basin of Monterey, San Benito, and Santa Cruz Counties. Elements of the NESHAP regulation include Asbestos Survey, Notifications prior to beginning a project, Work Practice Standards, and Disposal Requirements.
Asbestos is a naturally occuring mineral often used in man-made materials. Because asbestos has been proven to cause serious and fatal diseases, it is strictly regulated. It is important to know that asbestos has not been banned in the United States and new construction materials could contain asbestos. Prior to conducting any renovation or demolition project, you must verify compliance with the NESHAP regulatory requirements.
To determine whether your project involves a regulated property, review the flowchart below.Is my property regulated by NESHAP? (flowchart)
Prior to commencing any activity, the NESHAP and MBARD Rule 424 require a third-party California Certified Asbestos Consultant (CAC) to complete a thorough inspection for the presence, quantity and categories of asbestos-containing material (ACM).
An asbestos survey is required for all renovations or demolitions prior to start of work. Surveys include the collection and Polar Light Microscopy (PLM) analysis of all suspect materials that may contain asbestos. In lieu of a survey all suspect building materials are assumed to be asbestos and must be treated properly according to applicable regulations. A survey is required regardless of the age of the building.
A survey report must follow the MBARD document below, “Asbestos Survey Minimum Requirements”, if it is a regulated property. Failure to provide the required information could result in project delays and/or rejection of the asbestos survey report.Asbestos Survey Minimum RequirementsAsbestos Consultants and Abatement Contractors List
A notification is submitted online to MBARD for renovations or demolitions at NESHAP regulated facilities. Notifications must state the starting and completion date of the asbestos removal work/demolition, site location, name of the operators, asbestos removal contractors (if applicable), method of removal, and amount of asbestos to be removed. Notifications must be submitted with a CAC approved asbestos survey if materials will not be assumed.
A notification to MBARD is required for the following:
- Any regulated demolition, whether or not asbestos is present.
Demolition is the wrecking or taking out of a load bearing structural member of a facility together with any related handling operations or the intentional burning of any facility (40 CFR 61.141)
2. Any regulated renovation in which the following will be disturbed:
Renovation is 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
- 160 square feet or more of RACM, or,
- 260 linear feet or more of RACM
- 35 cubic feet or greater of RACM debris
3. Any regulated renovation that involves removal of regulated asbestos-containing materials for small jobs. The cumulative quantities of these small jobs in a calendar year (January 1 through December 31) for planned or unscheduled activities (40CFR 61.141) that will exceed the NESHAP regulated quantities listed above requires an annual renovation notification.
MBARD’s notifications are to be submitted through our online database with all the required information. The notification must be received by MBARD at least 10 working days prior to the demolition or renovation. See Online Notification System Information to submit notices.
If the scope of the project or project dates change, an amendment to the original notification is required. Project changes not communicated to us, such as new start and end dates, make regulatory inspection difficult or impossible and represent a violation of the NESHAP [40 CFR 61.145(b)(3)(iv)]. Project changes are submitted online by amending the original notification.
Notify MBARD for Asbestos Demolition/Renovation projects by submitting an online notification at least 10 working days prior to the demolition or renovation.
Please follow the online instructions to create an account and how to submit a notification.
The recommended web browsers are Google Chrome or Microsoft Edge. Should you encounter a problem with the system, please clear cookies before contacting MBARD.
Payments will be submitted at the completion of the online notification process, either by credit card or electronic check through the online system. The notification is not considered complete until payment is made.
Online submittal Link: https://aca-prod.accela.com/MBARD/Default.aspx
Demolition and Asbestos Renovation Notifications are to be notified separately.Instructions for New Online NotificationsInstructions for Amendments to Online Notirfications
Fees are due for any project subject to Rule 424, Section 4 Subpart M, National Emission Standards for Asbestos (40 CFR 61 Subpart M), that is required to submit a Notification of Demolition and Renovation to MBARD.
The fees for each type of project are set forth in Rule 301, Table 1 Asbestos NESHAP Fees and shall be due at the time of notification. See below fee sheet to know what fees to pay during the online submittal process.
Payments will be submitted at the completion of the online notification process, either by credit card or electronic check through the online system. The notification is not considered complete until payment is made.FY23-24_FEE_WORKSHEET_NESHAP.pdf
HANDLING ASBESTOS-CONTAINING MATERIALS
The NESHAP requires that regulated asbestos-containing materials be removed under controlled conditions prior to demolitions or renovations so that asbestos fibers are not released into the air.
Cal-OSHA requires that employees be trained before removing asbestos-containing materials. Contractors with specialized asbestos training and who are registered with Cal-OSHA must be utilized for asbestos removal projects. Contractors without special asbestos training must ensure that the job site is free of asbestos-containing materials before starting renovation or demolition work.
The NESHAP requires that asbestos-containing waste materials be sealed in leak-tight, properly labeled containers and disposed of only at approved sites.
RESOURCES AND AGENCIES
The below link will provide links to other Government Agencies that may be of use to you during your research regarding Asbestos and Demolition Activities.