Cal. Code Regs. tit. 17, § 93106
(a) Effective Date. No later than November 13, 2001, each air pollution control and air quality management district must:
(b) Applicability.
(2) Aggregate material extracted from property that is NOT located in a geographic ultramafic rock unit (as defined in subsection (i)(9)) if the material has been:
This section shall apply to any person who produces, sells, supplies, offers for sale or supply, uses, applies, or transports any of the following materials:
(c) Prohibition On the Use, Sale, and Supply of Restricted Aggregate Material.
Unless one of the exemptions in subsection (f) applies, no person shall use, apply, sell, supply, or offer for sale or supply any restricted material (as defined in subdivision (i)(20)) for surfacing, unless it has been tested using an approved asbestos bulk test method and determined to have an asbestos content that is less than 0.25 percent.
(d) Requirements to Provide Notice with Restricted Material.
(1) Requirements for Producers of Restricted Material for Surfacing Applications: Any producer who sells, supplies, or offers for sale or supply restricted material for surfacing that has been tested using an approved asbestos bulk test method and determined to have an asbestos content that is less than 0.25 percent must provide to the recipient of the restricted material a written receipt that contains the following information:
(2) Requirements for Persons -- Other than Producers -- Who Sell or Supply Restricted Material for Surfacing Applications: Any person, other than a producer, who sells, supplies, or offers for sale or supply restricted material for surfacing must provide to the recipient of the material a written receipt which specifies the following information:
(3) Requirements for the Sale or Supply of Restricted Materials for Non-Surfacing Applications: Any person who sells, supplies, or offers for sale or supply restricted material for non-surfacing applications must provide with each sale or supply a written receipt containing the following statement:
“WARNING!
This material may contain asbestos.
It is unlawful to use this material for surfacing or any application in which it would remain exposed and subject to possible disturbances.
Extreme care should be taken when handling this material to minimize the generation of dust.”
(e) Recordkeeping and Reporting Requirements.
(f) Exemptions.
(7) Geologic Evaluation: The APCO may provide an exemption from subsections (c), (d), and (e) for aggregate material extracted from within a geographic ultramafic rock unit if a registered geologist has conducted a geologic evaluation of the property from which the aggregate material is obtained and determined that serpentine or ultramafic rock is not likely to be found on the property. Before an exemption can be granted, the owner/operator must provide a copy of a report detailing the geologic evaluation to the APCO for his or her consideration.
(A) At a minimum, the geologic evaluation must include:
2. A detailed site characterization, which may include:
(D) Expiration of the Geologic Exemption: If the owner/operator discovers any ultramafic rock or serpentine on the property after the exemption is granted, then:
(8) Limited Access Surfaces: The APCO may provide an exemption from the requirements of subsection (c) for the use of restricted material on limited access surfaces, if the owner/operator can demonstrate that:
(D) If the request for an exemption is denied, the APCO shall provide written reasons for the denial.
“Limited access surface” means any surface not subject to vehicular travel or pedestrian access that has an incline of twenty (20) percent or greater.
(9) Surfacing Applications in Remote Locations:
(A) The APCO may provide an exemption from the requirements of subsection (c) if the owner/operator can demonstrate that:
(B) Before providing this exemption, the APCO shall:
(C) The APCO may grant an exemption when the distance from the road or other surface to the nearest receptor is less than one mile if ALL of the following criteria are met:
2. Any receptor located within one mile from the road or other surface must NOT be any of the following:
6. Whenever the traffic volume exceeds or is anticipated to exceed 20 vehicle passes per day, the owner/operator must;
(g) Requirements to Perform a Geologic Evaluation or Asbestos Testing.
Pursuant to the requirements of Health and Safety Code section 41511, the APCO or the Executive Officer of the ARB may require an owner/operator to perform:
(h) Applicable Test Methods.
(2) Asbestos Testing: ARB Test Method 435 or an alternative asbestos bulk test method approved in writing by the Executive Officer of the Air Resources Board shall be used to determine compliance with this section.
For the purposes of determining compliance with this section, references in ARB Test Method 435 to “serpentine aggregate” shall mean “aggregate material.”
(4) Sampling Frequency: For the purposes of this section, the sampling frequency required for determining the asbestos content of any aggregate material shall be no less than one composite sample per 1000 tons of aggregate material processed, as specified in ARB Test Method 435, unless the APCO approves an alternative sampling frequency as follows:
(A) The APCO may approve an alternative sampling frequency after reviewing and verifying the authenticity of the following information, which shall be provided by the owner/operator of the quarry:
2. The established history of analytical test results must include:
(C) If any of the aggregate material tested is determined to have an asbestos content of 0.25 percent or greater using an alternative sampling frequency approved by the APCO, the owner/operator must:
(i) Definitions. For the purposes of this section, the following definitions shall apply:
(13) “Owner/operator” or “person” includes, but is not limited to:
(20) “Restricted material” means any of the following:
(B) Aggregate material extracted from property that is NOT located in a geographic ultramafic rock unit (as defined in subsection (i)(9)) if the material has been:
(28) “Ultramafic rock” means an igneous rock composed of 90 percent or greater of one or a combination of the following iron/magnesium-rich, dark-colored silicate minerals: olivine, pyroxene, or more rarely amphibole. For the purposes of this section, “ultramafic rock” includes the following rock types: dunite, pyroxenite, and peridotite; and their metamorphic derivatives.
Appendix A
California Department of Conservation Division of Mines and Geology
AVAILABLE GEOLOGIC MAPS FOR CALIFORNIA
GEOLOGIC ATLASES OF CALIFORNIA Scale 1:250,000
GEOLOGIC ATLAS OF CALIFORNIA: ALTURAS
Compiled by Gay, T.E. and others, 1958
GEOLOGIC ATLAS OF CALIFORNIA: BAKERSFIELD
Compiled by Smith, A.R., 1964 (reprinted 1992)
GEOLOGIC ATLAS OF CALIFORNIA: DEATH VALLEY
Compiled by Streitz, R.L. and Stinson, M.C., 1974 (reprinted 1991)
GEOLOGIC ATLAS OF CALIFORNIA: FRESNO
Compiled by Matthews, R.A. and Burnett, J.L, 1965 (reprinted 1991)
GEOLOGIC ATLAS OF CALIFORNIA: LONG BEACH
Compiled by Jennings, C.W., 1962 (reprinted 1992)
GEOLOGIC ATLAS OF CALIFORNIA: LOS ANGELES
Compiled by Jennings, C.W. and Strand, R.G., 1969 (reprinted 1991)
GEOLOGIC ATLAS OF CALIFORNIA: MARIPOSA
Compiled by Strand, R.G., 1967 (reprinted 1991)
GEOLOGIC ATLAS OF CALIFORNIA: NEEDLES
Compiled by Bishop, C.C., 1963 (reprinted 1992)
GEOLOGIC ATLAS OF CALIFORNIA: REDDING
Compiled by Strand, R.G., 1962
GEOLOGIC ATLAS OF CALIFORNIA: SALTON SEA
Compiled by Jennings, C.W., 1967 (reprinted 1992)
GEOLOGIC ATLAS OF CALIFORNIA: SAN LUIS OBISPO
Compiled by Jennings, C.W., 1958 (reprinted 1992)
GEOLOGIC ATLAS OF CALIFORNIA: SAN DIEGO - EL CENTRO
Compiled by Strand, R.G., 1962 (reprinted 1992)
GEOLOGIC ATLAS OF CALIFORNIA: SANTA ANA
Compiled by Rogers, T.H., (reprinted 1992)
GEOLOGIC ATLAS OF CALIFORNIA: SANTA CRUZ
Compiled by Jennings, C.W. and Strand, R.G., 1958 (reprinted 1992)
GEOLOGIC ATLAS OF CALIFORNIA: SANTA MARIA
Compiled by Jennings, C.W., 1959 (reprinted 1992)
GEOLOGIC ATLAS OF CALIFORNIA: UKIAH
Compiled by Jennings, C.W. and Strand, R.G., 1960 (reprinted 1992)
GEOLOGIC ATLAS OF CALIFORNIA: WALKER LAKE
Compiled by Koenig, J.B., 1963 (reprinted 1992)
REGIONAL GEOLOGIC MAP SERIES Scale 1:250,000
GEOLOGIC MAP OF THE SACRAMENTO QUADRANGLE
(set of four sheets)
Compiled by Wagner, D.L. and others, 1981
GEOLOGIC MAP OF THE SANTA ROSA QUADRANGLE
(set of five sheets)
Compiled by Wagner and D.L., Bortugno, E.J. (reprinted 1999)
GEOLOGIC MAP OF THE SAN BERNARDINO QUADRANGLE
(set of five sheets)
Compiled by Bortugno, E.J., and Spittler, T.E. (reprinted 1998)
GEOLOGIC MAP OF THE WEED QUADRANGLE
(set of four sheets)
By Wagner, D.L. and Saucedo, G.J., 1987
GEOLOGIC MAP OF THE SAN FRANCISCO-SAN JOSE QUADRANGLE
(set of five sheets)
By Wagner, D.L., Bortugno, E.J. and McJunkin, R.D., 1990 Color-coded faults
LOCAL GEOLOGIC MAPS
AREAS MORE LIKELY TO CONTAIN NATURALLY-OCCURRING ASBESTOS IN WESTERN EL DORADO COUNTY, CALIFORNIA
By Ron Churchill, March 2000
Scale 1:100,000
SERPINTINITE SURVEY OF LAKE COUNTY, CALIFORNIA - MAP A, ULTRAMAFIC, ULTRABASIC, AND SERPENTINE ROCK AND SOILS OF LAKE COUNTY,
Adopted: March 2, 1992
Scale: 1:100,000
Note: Authority cited: Sections 39600, 39601, 39650 and 39666, Health and Safety Code. Reference: Sections 39650 and 39666, Health and Safety Code.
1. New section filed 6-19-91; operative 7-19-91 (Register 91, No. 38).
2. Change without regulatory effect amending subsection (b) filed 10-11-95 pursuant to section 100, title 1, California Code of Regulations (Register 95, No. 41).
3. Amendment of section heading and section and new Appendix A filed 7-16-2001; operative 7-16-2001 pursuant to Government Code section 11343.4 (Register 2001, No. 29).