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(continued)
(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:
(A) The amount of restricted material that was sold or supplied;
(B) The date that the restricted material was sold or supplied;
(C) The dates that the restricted material was sampled and tested, or verification that the material is exempt under subsection (f)(7); and
(D) A statement that the asbestos content of the restricted material is less than 0.25 percent.
(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:
(A) The amount of restricted material that was sold or supplied;
(B) The date that the restricted material was sold or supplied; and

(C) A statement that the asbestos content of the restricted material is less than 0.25 percent.
(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.

(1) Recordkeeping Requirements for Persons Who Use Restricted Material for Surfacing: Any person who uses or applies restricted material for surfacing must retain any written receipt or other record verifying that the material has an asbestos content of less than 0.25 percent for a minimum period of seven years from the date of use or application.
(2) Recordkeeping Requirements for Persons Who Transport Restricted Material: Any person who transports restricted material must maintain a copy of all receipts or records required by subsection (d) with the material at all times during transit and application.
(3) Recordkeeping Requirements for Persons Who Sell or Supply Restricted Material: Any person who sells, supplies, or offers restricted material for sale or supply must retain copies of all receipts or records required by subsection (d) for a minimum period of seven years from the date of sale or supply.
(4) Reporting Requirements for Persons Who Use, Sell, or Supply Restricted Material: Any person who uses restricted material for surfacing, sells, supplies, or offers restricted material for sale or supply must provide receipts and test results to the APCO for review upon request.
(f) Exemptions.
(1) Sand and Gravel Operations: The requirements of subsections (c), (d), and (e) shall not apply to aggregate material extracted from a sand and gravel operation. A "sand and gravel operation" means any aggregate-producing facility operating in alluvial deposits.
(2) Roads Located at Quarries or Mines: The requirements of subsection (c) shall not apply to roads at quarries or mines that are located in a geographic ultramafic rock unit, an ultramafic rock deposit, or a serpentine deposit, provided that the aggregate material was obtained on site from the quarry or mine property.
(3) Maintenance Operations on Existing Roads: The requirements of subsections (c), (d), and (e) shall not apply to maintenance operations on any existing road surface if no additional restricted material is applied to the road surface.
(4) Emergency Road Repairs: The APCO may issue a temporary exemption from the requirements of subsections (c), (d), and (e) to an applicant who demonstrates that a road repair is necessary due to a landslide, flood, or other emergency, and that the use of aggregate material other than restricted material is not feasible for this repair. The APCO shall specify the time during which such exemption shall be effective; however, no exemption shall remain in effect longer than 90 days.
(5) Asphalt and Concrete Materials: The requirements of subsections (c), (d), and (e) shall not apply to restricted material that is an integral part of the production of asphalt concrete, portland cement concrete or other similarly cemented materials; or construction of an asphalt or a portland cement concrete surface as long as all of the restricted material is incorporated into or completely covered by the asphalt or portland cement concrete.
(6) Landfill Operations: The use and application requirements of subsection (c) shall not apply to landfill operations, except for the surfacing of public-access roads used by vehicular traffic.
(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:
1. A general description of the property and the proposed use;
2. A detailed site characterization, which may include:
i. A physical site inspection;
ii. Offsite geologic evaluation of adjacent property;
iii. Evaluation of existing geological maps and studies of the site and surrounding area;
iv. Development of geologic maps of the site and vicinity;
v. Identification and description of geologic units, rock and soil types, and features that could be related to the presence of ultramafic rocks, serpentine, or asbestos mineralization;
vi. A subsurface investigation to evaluate the nature and extent of geologic materials in the subsurface where extensive vertical excavation is planned; methods of subsurface investigation may include, but are not limited to borings, test pits, trenching, and geophysical surveys;
3. A classification of rock types found must conform to the nomenclature based on the International Union of Geological Science system;
4. A description of the sampling procedures used;
5. A description of the analytical procedures used, which may include mineralogical analyses, petrographic analyses, chemical analyses, or analyses for asbestos content;
6. An archive of collected rock samples for third party examination; and
7. A geologic evaluation report documenting observations, methods, data, and findings; the format and content of the report should follow the Guidelines for Engineering Geologic Reports issued by the State Board of Registration for Geologists and Geophysicists.
(B) The APCO shall respond to a request for an exemption within 90 days of the receipt of the application.
(C) If the request for an exemption is denied, the APCO shall provide written reasons for the denial.
(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:
1. The owner/operator must comply with the requirements of subsections (c), (d), and (e) immediately following the discovery; and
2. The owner/operator must report the discovery of ultramafic rock or serpentine to the APCO within 24 hours; and
3. The exemption under subsection (f)(7) shall expire and cease to be effective.

(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:
(A) No alternative aggregate materials are reasonably available; and
(B) The surface is not located in an area zoned or identified in a land use plan for residential, recreational, or commercial use.
(C) The APCO shall respond to a request for an exemption within 90 days of the receipt of the application.
(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:
1. The surface is located in a remote location (as defined in subsection (i)(19)); and
2. No alternative aggregate materials are reasonably available; and
3. All aggregate material used for surfacing has been tested according to an approved asbestos bulk test method and determined to have an asbestos content of one (1.0) percent or less; except that the APCO may allow the use of restricted material with an asbestos content up to five (5.0) percent if the owner/operator can demonstrate that restricted material with an asbestos content of one (1.0) percent or less is not reasonably available.
(B) Before providing this exemption, the APCO shall:
1. Consider the following information: county land use plans, the current use of the surrounding land, and the current and anticipated zoning designations;
2. Provide public notice and solicit comments for a 30-day period;

3. Require that any surface exempted pursuant to this subsection be posted with a permanent sign alerting the public to potential asbestos exposures; and
4. Require that any exemption shall be valid for no longer than three years; but if the owner/operator cannot demonstrate that all the criteria listed in subdivision (f)(9)(A) are met at the time of reapplication, the exemption shall not be renewed.
(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:
1. The criteria listed above in subsections (f)(9)(A)2. and 3., and subsection (f)(9)(B) must be met:
2. Any receptor located within one mile from the road or other surface must NOT be any of the following:
i. A permanent resident (i.e., a person that resides at the receptor point for six months or more in a year), or

ii. A permanent business (i.e., business that operates at the receptor point for six months or more in a year), or
iii. A school or daycare center;
3. The road or other surface must be located on private property;
4. The entrance points to the road or other surface from any public thoroughfare must be gated and posted with a sign as required in subsection (f)(9)(B)3.;
5. The applicant for the exemption must provide to the APCO an estimate of the average traffic volume on the road or other surface and the methodology used to make the estimate; and
6. Whenever the traffic volume exceeds or is anticipated to exceed 20 vehicle passes per day, the owner/operator must;
i. Treat the road or other surface with a dust control method that is at least 70 percent effective; and

ii. Maintain records of the application and type of the dust control method for a minimum period of seven years; and
iii. Provide the records of the applications of the dust control method to the APCO upon request.
(D) The APCO shall respond to any application for an exemption within 90 days of the receipt of the application.
(E) If the request for an exemption is denied, the APCO shall provide written reasons for the denial.
(10) Roads Located at Construction Sites: The requirements of subsections (c), (d), and (e) shall not apply to restricted material used for the construction of temporary road surfaces located at on-going construction sites where vehicle traffic is limited to construction personnel and equipment. This exemption does not apply to the use of restricted material for temporary roads for public use.
(11) Riprap: The requirements of subsection (c) (d), and (e) shall not apply to restricted material used for riprap. "Riprap" means the material used to construct a loose assemblage of stones along a water course or shoreline to prevent erosion or provide stability.
(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:
(1) A geologic evaluation for the presence of ultramafic rock or serpentine on any property from which aggregate material is extracted; or
(2) Testing for the asbestos content of any aggregate material sold, supplied, offered for sale or supply, or used for surfacing.
(h) Applicable Test Methods.
(1) Ultramafic Rock: The ultramafic rock composition of any material shall be determined using a standard analysis technique including, but not limited to, color index assessment, microscopic examination, petrographic analysis or rock thin sections, or chemical analysis techniques, such as X-ray fluorescence spectrometry or inductively coupled plasma analysis.
(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."
(3) Averaging of Test Results: If ARB Test Method 435 or an alternative approved asbestos bulk test method has been used to perform two or more tests on any one volume of aggregate material, whether by the same or a different person, the arithmetic average of these test results shall be used to determine the asbestos content of the 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:
1. An established history of analytical test results demonstrating that no aggregate material sampled and tested in accordance with an approved asbestos bulk test method had an asbestos content that was 0.25 percent or greater;
2. The established history of analytical test results must include:
i. Test results from ten percent of the expected total yield over the life of the quarry, as stated in any permit issued pursuant to the California Surface Mining and Reclamation Act, Public Resources Code, Division 2, Chapter 9, Section 2710 et seq.; or
ii. Test results that cover at least two years of production of surfacing material; this production amount must be verified with sales receipts and testing results as required in subsection (e)(3);
3. A geologic evaluation of the quarry that has been conducted in accordance with the provisions in subsection (f)(7);

4. Any permits issued pursuant to the California Surface Mining and Reclamation Act, Public Resources Code, Division 2, Chapter 9, Section 2710 et seq.;
5. Sales receipts retained by the quarry pursuant to subsections (d) and (e)(3).
(B) The APCO shall not approve any alternate sampling frequency that requires less than one test per 100,000 tons of aggregate material processed for surfacing.
(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:
1. Resume the sampling frequency specified in ARB Test Method 435 immediately after receiving the test results; and
2. Report the detection of asbestos and provide a copy of the analytical test results to the APCO within 48 hours after receiving the test results.
(i) Definitions. For the purposes of this section, the following definitions shall apply:
(1) "Aggregate" means a mixture of mineral fragments, sand, gravel, cobbles, rocks, stones, or similar minerals that may or may not be crushed or screened. "Aggregate" does not include elemental metals, gemstones, petroleum products, organic materials, or mineral ore to be processed offsite of the property from which it was extracted.
(2) "Alluvial deposit" means any deposit of sediments laid down by running water including, but not limited to, streams and rivers.
(3) "APCO" means the executive officer, air pollution control officer; or the designee of the executive officer or air pollution control officer of any air pollution control or air quality management district created or continued in existence pursuant to Part 3 (commencing with section 40000), Division 26, Health and Safety Code;
(4) "Approved asbestos bulk test method" means ARB Test Method 435 or an alternative asbestos bulk test method approved in writing by the Executive Officer of the Air Resources Board.

(5) "ARB" means the California Air Resources Board.
(6) "ARB Test Method 435" means the test method specified in title 17, California Code of Regulations, section 94147.
(7) "Asbestos" means asbestiforms of the following minerals: chrysotile (fibrous serpentine), crocidolite (fibrous riebeckite), amosite (fibrous cummingtonite--grunerite), fibrous tremolite, fibrous actinolite, and fibrous anthophyllite.
(8) "Decoration/landscaping" means the application or use of aggregate materials for aesthetic purposes.
(9) "Geographic ultramafic rock unit" means a geographic area that is designated as an ultramafic rock unit or ultrabasic rock unit, including the unit boundary line, on any of the maps referenced in Appendix A.
(10) "Geologic evaluation" means an evaluation of a property, as specified in subsection (f)(7), to determine the presence of various rock types, including ultramafic rock, serpentinite, or other metamorphic derivatives of ultramafic rock.

(11) "Limited access surface" means any surface not subject to vehicular travel or pedestrian access that has an incline greater than twenty (20) percent.
(12) "Non-surfacing applications" means any application of aggregate material that will not remain a part of the uppermost layer, such as fill, base rock, or drain rock.
(13) "Owner/operator" or "person" includes, but is not limited to:
(A) An individual, trust, firm, joint stock company, business concern, partnership, limited liability company, association, or corporation including, but not limited to, a government corporation;
(B) Any city, county, district, commission, the state or any department, agency, or political subdivision thereof, any interstate body, and the federal government or any department or agency thereof to the extent permitted by law; or
(C) A project proponent and any of its contractors or subcontractors.

(14) "Producer" means any person that extracts and processes aggregate material from the ground.
(15) "Property" means any real property including, but not limited to, any contiguous parcel or parcels of land and anything attached to, or erected on it.
(16) "Quarry" means a facility or operation that obtains stone from the earth by means of cutting, digging, excavating, or blasting.
(17) "Receipt" means any written acknowledgement that a specified amount of restricted material was received, delivered, or purchased. Receipts include, but are not limited to, bills of sale, bills of lading, and notices of transfer.
(18) "Registered geologist" means an individual that is currently licensed as a geologist with the State of California, Department of Consumer Affairs, Board of Geology and Geophysicists.
(19) "Remote location" means any location that is at least one (1.0) mile from the location of a receptor. "Receptor" includes, but is not limited to, any hospital, school, day care center, work site, business, residence, and permanent campground. The distance to the nearest receptor is to be measured from the outermost limit of the area to be disturbed or road surface, whichever is closer.
(20) "Restricted material" means any of the following:
(A) Aggregate material extracted from property where any portion of the property is located in a geographic ultramafic rock unit (as defined in subsection (i)(9)); and
(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:
1. Evaluated at the request of the Air Pollution Control Officer (APCO) and determined to be ultramafic rock or serpentine;
2. Tested at the request of the APCO and determined to have an asbestos content of 0.25 percent or greater; or

3. Determined by the owner/operator of a facility to be ultramafic rock, serpentine, or aggregate material that has an asbestos content of 0.25 percent or greater.
(C) Any mixture of aggregate material that contains ten percent (10%) or more of any of the materials listed above in subsections (i)(20)(A) or (i)(20)(B), or any combination thereof, shall also be considered "restricted material."
(21) "Riprap" means material used to construct a loose assemblage of stones along a water course or shoreline to prevent erosion or provide stability.
(22) "Road surface" means the traveled way of a road and any shoulder which extends up to ten (10) feet from the edge of the traveled way.
(23) "Sand and gravel operation" means any aggregate-producing facility operating in alluvial deposits.
(24) "Serpentine" means any form of the following hydrous magnesium silicate minerals: antigorite, lizardite, and chrysotile.
(25) "Serpentinite" means a rock consisting almost entirely of serpentine, although small amounts of other minerals such as magnetite, chromite, talc, brucite, and tremolite-actinolite may also be present. "Serpentinite" is a metamorphic derivative of the ultramafic rocks, peridotite, pyroxenite, or dunite.
(26) "Surfacing" means the act of providing or creating a temporary or permanent covering for a surface used for pedestrians, motor vehicles, non-motor vehicles, decoration, landscaping, soil stabilization, or erosion control. Examples of surfaces include, but are not limited to, roads, road shoulders, streets, access roads, alleys, lanes, driveways, parking lots, playgrounds, trails, squares, plazas, and fairgrounds. For the purposes of this section, "surfacing" does not include creating a covering composed of asphalt concrete or portland cement concrete.
(27) "Ultrabasic rock" means ultramafic rock.
(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.


Note: Authority cited: Sections 39600, 39601, 39650 and 39666, Health and Safety Code. Reference: Sections 39650 and 39666, Health and Safety Code.








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








s 93107. Airborne Toxic Control Measure for Emissions of Toxic Metals from Non-Ferrous Metal Melting.
(a) Definitions. For the purposes of this section, the following definitions shall apply:
(1) "Aluminum and aluminum-based alloys" means any metal that is at least 80% aluminum by weight.
(2) "ARB Test Method 5" means the test method specified in Title 17, California Code of Regulations, section 94105.

(3) "Clean Aluminum Scrap" means scrap that is composed solely of aluminum or aluminum alloys (including anodized aluminum) and that is free of paints, coatings, rubber, or plastics.
(4) "Copper or copper-based alloy" means any metal that is more than 50 percent copper by weight, including but not limited to brass and bronze.
(5) "District" means the air quality management district or air pollution control district with jurisdiction over the facility.
(6) "Dust forming material" means any material containing more than 15 percent by weight of particulate matter less than 0.84 millimeter (mm) equivalent diameter as determined by ASTM C136-84a "Standard Method for Sieve Analysis of Fine and Coarse Aggregates" using a number 20 U.S. Bureau of Standards sieve with 0.84-mm square openings or an alternate method deemed acceptable by the district Air Pollution Control Officer or Executive Officer.
(7) "Emission collection system" means equipment which is installed for the purpose of directing, taking in, confining, and conveying an air contaminant and which conforms to specifications for design and operation given in Industrial Ventilation, Manual of Recommended Practices, 20th edition, 1988, published by the American Conference of Government and Industrial Hygienists, which is incorporated by reference herein.
(8) "Emission point" means any location where molten metal is or can be exposed to air, including but not limited to, furnaces, crucibles, refining kettles, ladles, tap holes, pouring spouts, and slag channels. A mold or die in which metal is cooling is not considered an emission point.
(9) "Enclosed storage area" means nay space used to contain materials that has a wall or partition on at least three sides or three-quarters of its circumference and that screens the material stored therein to prevent emissions of the material to the air.
(10) "Facility" means any real or personal property being used for metal melting activities, which is located on one or more contiguous or adjacent parcels of property in actual contact or separated only by a public roadway or other public right-of-way, and owned or operated by the same person or persons, corporation, government agency, public district, public officer, association, joint venture, partnership, or any combination of such entities.

(11) "Fugitive emission control" means any equipment, activity, or process carried out to reduce emissions resulting either from the storage or handling of dust forming materials or material collected by a particulate matter control system or the removal of particulate matter from metal melting or pouring that has settled on the ground or other surfaces, or that has escaped from a properly designed and operated emission collection system.
(12) "Good Operating Practice" means specific activities necessary to maintain the original collection and control efficiencies of the air pollution control equipment as designed. These activities include but are not limited to verifying operating specifications such as cleaning cycles, air flow, and velocity; and inspecting equipment such as duct work, blowers, and components of the control equipment through a general maintenance and inspection program.
(13) "Hard Lead" means any alloy containing at least 90 percent lead and more than 0.001 percent arsenic by weight or 0.001 percent cadmium weight.
(14) "Molten metal" means metal or metal alloy in a liquid state, in which a cohesive mass of metal will flow under atmospheric pressure and take the shape of a container in which it is placed.

(15) "Metal melting furnace" means any apparatus in which metal in a container is brought to a liquid state, including but not limited to reverberatory, cupola, induction, direct arc furnaces, sweat furnaces, and refining kettles. "Metal melting furnace" does not include any apparatus in which the metal is heated but does not reach a molten state such as a sintering furnace or an annealing furnace.
(16) "New sand" means any sand not exposed to the casting process.
(17) "Non-ferrous metal" means lead, copper, zinc, cadmium, arsenic, aluminum, and their alloys.
(18) "Particulate matter" or "PM" means any solid material except uncombined water, which exists in a finely divided form at standard conditions of temperature and pressure (293 K and 760 mm mercury).
(19) "Particulate matter control system" means any device or series of devices designed and operated in a manner intended to remove fine particulate matter (< 10 um) from an air or gas stream.
(20) "Person" shall have the same meaning as defined in Health and Safety Code section 39047.
(21) "Process emission control" means any equipment installed and operated to control emissions of toxic metals from any emission point as defined in subsection (a)(8).
(22) "Pure Lead" means any alloy that is at least 90 percent lead and contains no more than 0.001 percent cadmium by weight and 0.001 percent arsenic by weight.
(23) "Ringlemann Chart" means the Ringlemann Chart published in the United States Review of Mine Information Circular No. 1C8333, (May 1967), as specified in Health and Safety Code section 41701(b).
(24) "Scrap" means any metal or metal-containing material that has been discarded or removed from the use for which it was produced or manufactured and which is intended for reprocessing. "Scrap" does not include sprues, gates, risers, foundry returns, and similar material intended for remelting that has been generated at the facility as a consequence of casting or forming processes but has not been coated or surfaced with any material containing cadmium, arsenic, or nickel.

(25) "Solder" means any metal in which the sum of the lead and the tin is greater than 50 percent by weight and which is used for the purpose of joining two metals or of joining a metal to any other material.
(26) "Type Metal" means any lead-based alloy used for linotype machines.
(b) Requirements
No person shall operate a non-ferrous metal melting furnace unless the facility is in compliance with all the requirements specified in subsections (b)(1) through (b)(3).
(1) Emission Collection System
(A) All emission points shall be equipped with an emission collection system designed and operated according to criteria specified in subsection (a)(7). The design criteria and operating parameters shall be specified as conditions of the authority to construct and the permit to operate granted by the district to the source for the equipment.

(B) Good operating practices shall be used by the facility, and demonstrated through a maintenance plan or procedures approved by the district, to maintain air movement and emission collection efficiency by the system consistent with the design criteria for the system. The maintenance plan shall specify at a minimum the following:
(i) Maximum allowable variation from designed values of operating parameters, such as air velocity in the hood and ducts and pressure drop across the control device.
(ii) Areas to be visually inspected such as the clean side of the baghouse and ducts operating under positive pressure, and the required frequency of such inspections.
(iii) Methods of documenting compliance with these requirements such as a log of such inspections and records of observations and measurements.
(2) Process Emission Control
The gas stream from the emission collection system required by subsection (b)(1) shall be ducted to a particulate matter control device meeting the requirements of this section.
(A) The particulate matter control device shall reduce particulate matter emissions by 99 percent or more.
(B) The temperature of the gas stream entering any particulate matter control device that is part of an emission collection system shall not exceed 360 degrees F. A device to be used for making this measurement shall be maintained at the facility and shall be made available to a district representative upon his or her request.
(C) The owner or operator of the facility shall demonstrate compliance with subsection (b)(2)(A), by conducting an initial source test to verify the 99 percent reduction in particulate matter as determined by means of an emissions test conducted in accordance with ARB Test Method 5. The district Air Pollution Control Officer or Executive Officer may require additional source testing to verify continued compliance or when the process is changed. Particulate matter reduction shall be calculated using the following equation:
( Mass in - Mass out ) X 100 = particulate matter

( ------------------ )
( Mass in ) reduction
where:
Mass in = Mass of particulate matter at the inlet to the control device
Mass out = Mass of particulate matter at the outlet of the control device
Mass = Sum of filter catch, probe catch, impinger catch, and solvent extract.
(D) Testing Access
The owner or operator of any facility subject to subsection (b)(2) of this regulation shall provide access and sampling ports sufficient to perform testing in accordance with ARB Testing Method 5. Ducts and stacks shall have sampling ports so placed as to satisfy minimum requirement for method 5 testing with regard to flow disturbances, or acceptable alternative requirements as approved by the Air Pollution Control Officer or Executive Officer of the district.
(3) Fugitive Emission Control
(A) No activity associated with metal melting at a facility including furnace operation, casting, emission control system operation, and the storage, handling, or transfer of any materials (except new sand) shall discharge into the air any air contaminant, other than uncombined water vapor, for a period aggregating more than three minutes in any one hour which is:
(i) Half as dark or darker in shade as that designated as Number 1 on the Ringlemann Chart, as published by the United States Bureau of Mines, or
(ii) Of such opacity as to obscure an observer's view to a degree equal to or greater than smoke as described in subsection (b)(3)(A)(i) or 10% opacity.
(B) Dust-forming material including, but not limited to, dross, ash, or feed material shall be stored in an enclosed storage area or stored in a manner which meets the requirements of subsection (b)(3)(A).
(C) Material collected by a particulate matter control system shall be discharged into closed containers or an enclosed system that is completely sealed to prevent any dust from getting out.
(D) Surfaces that are subject to vehicular or foot traffic shall be vacuumed, wet mopped, or otherwise maintained in accordance with a district-approved maintenance plan. The plan shall specify, at a minimum: the areas to be cleaned, the method to be used, the required frequency of the cleaning activities, and a method of documenting the completion of the required activities. The plan shall be designed and carried out in a way which will meet the requirements of subsection (b)(3)(A).
(c) Exemptions
(1) Small Quantity Exemptions. Facilities are exempt from subsections (b)(1), (b)(2), and (b)(3) if they meet either of the following conditions:
(A) melt a total of no more than one ton per year of all metals, or

(B) melt no more than the listed quantities of any one of the specific metals listed in Table I.

Table I
Metal Exemption
Limit
(tons per
year)
Pure Lead 400
Hard Lead 200
Aluminum Scrap 125
Aluminum Ingot containing more than 0.004 percent cadmium or 125
0.002 percent arsenic
Solder 100
Zinc Scrap 30
Copper or copper-based alloys (except scrap) containing more 30
than 0.004 percent cadmium or 0.002 percent arsenic
Type Metal (lead for linotype machines) 25





(i) For facilities melting more than one of the metals listed in Table I, eligibility for exemption shall be determined using the following calculation:

For each metal listed in table I, divide the quantity melted by the specific exemption limit listed.
Sum the resulting fractions for all the metals.
If the sum does not exceed 1.0, the facility qualifies for exemption under subsection (c)(1).
(2) Metal or Alloy Purity Exemption. Facilities or furnaces which do not melt scrap except clean aluminum scrap and which melt a metal or alloy (other than the metals listed in Table I) which is shown by the facility operator to have a content of no more than 0.004 percent of cadmium and no more than 0.002 percent of arsenic are exempt from subsections (b)(1), (b)(2), and (b)(3). A facility granted an exemption under subsection (c)(1)(B) may also be granted exemption for all metals that meet the purity limits in this subsection.
(3) Clean Aluminum Scrap Exemption. Furnaces used exclusively to process clean aluminum scrap or a mixture of clean aluminum scrap and aluminum ingot to produce extrusion billet are exempt from subsections (b)(1) and (b)(2).
(4) Exemption for Aluminum Furnaces. The combustion chamber in a reverberatory furnace is exempt from the requirements of subsections (b)(1) and (b)(2) if the furnace meets both of the following conditions:
(A) The furnace is used solely to produce aluminum and aluminum-based alloys, and
(B) The furnace is constructed with a charging well or similar device in which feed is added to molten metal in a separate chamber.
(5) Aluminum Pouring Exemption. Ladles, launders or other equipment used to convey aluminum from a melting or holding furnace to casting equipment is exempt from the requirements of subsections (b)(1) and (b)(2).
(d) Compliance Schedule
(1) Application for exemption from control requirements. Facilities seeking exemption under subsections (c)(1) or (c)(2) or (c)(3) shall apply and submit evidence of eligibility for exemption to the district no later than six months after the district adopts regulations enacting this control measure.
(2) Emission control requirements. Facilities subject to this section shall apply to the district for an authority to construct the emission collection system and the air pollution control equipment necessary to comply with subsection (b) no later than 12 months after the district adopts the regulations enacting this control measure. These facilities shall be in compliance no later than 24 months after the district adopts the regulations enacting this control measure. These facilities shall be in compliance no later than 24 months after the district adopts the regulations enacting this control measure.
(e) Recordkeeping
(1) Facilities subject to subsection (b) shall maintain on site for a period of two years, and make available to a district representative upon request, a record of:
(A) The results of any source testing required by the district to demonstrate that the particulate matter control device(s) are operating as required by subsection (b)(2)(A).
(2) Facilities seeking exemption under subsections (c)(1) or (c)(2) or (c)(3) shall maintain for two years a record of the amount and type of metal processed in those furnaces including results of analyses as required to support exemption under subsection (c)(2). These records shall be made available to a representative of the district upon request.
(f) Applicable Material Testing Methods.
One of the following methods or an alternate method deemed acceptable by the district Air Pollution Control Officer or Executive Officer and by the Executive Officer of the Air Resources Board shall be used.
Sampling for these methods shall comply with ASTM E 88-58 (1986), "Standard Practice for Sampling Nonferrous Metals and Alloys in Cast Form for Determination of Chemical Composition".
(1) To determine the composition of alloys defined in section (a)(1) and to determine the cadmium content of aluminum alloys to evaluate eligibility for exemption under section (c)(2) one of the following shall be used:
(A) ASTM E 227-67 (1982), "Standard Method for Optical Emission Spectrometric Analysis of Aluminum and Aluminum Alloys by the Point-to-Plane Technique";

(B) ASTM E 607-90, "Standard Test Method for Optical Emission Spectrometric Analysis of Aluminum and Aluminum Alloys by the Point-to-Plane Technique, Nitrogen Atmosphere"; or
(C) ASTM E 1251-88, "Standard Test Method for Optical Emission Spectrometric Analysis of Aluminum and Aluminum Alloys by the Argon Atmosphere, Point-to-Plane, Unipolar Self-Initiating Capacitor Discharge".
(2) To determine alloy composition as defined in subsections (a)(13) and (a)(22), ASTM E 117-64 (1985), "Standard Test Method for Spectrographic Analysis of Pig Lead by the Point-to-Plane Technique" shall be used.
(3) To determine alloy composition as defined in section (a)(25), ASTM E 46- 87, "Test Method for Chemical Analysis of Lead- and Tin-Base Solder" shall be used.
(4) To determine cadmium concentration in zinc and zinc alloys to evaluate eligibility for exemption under section (c)(2), ASTM E 536-84 (1988), "Standard Test Method for Chemical Analysis of Zinc and Zinc Alloys" shall be used.
(5) To determine cadmium concentration in copper and copper-based alloys to evaluate eligibility for exemption under section (c)(2), ASTM E 53-86a, "Standard Test Methods for Chemical Analysis of Copper" shall be used.
(6) To determine arsenic concentration in copper or copper-based alloys to evaluate eligibility for exemption under section (c)(2), ASTM E 62-89, "Standard Test Method for Chemical Analysis of Copper and Copper Alloys" shall be used.
(7) To determine arsenic content in aluminum or zinc (or any other alloy in which determination of arsenic by spectrochemical methods is compromised by interference) to evaluate eligibility for exemption under section (c)(2), EPA method 7061 (Revision 1, December, 1987), "Arsenic (Atomic Absorption, Gaseous Hydride)", published in U.S.EPA Test Methods for Evaluating Solid Waste Physical and Chemical Methods. First Update (3rd Edition), January, 1988; EPA/530/SW-846.3-1; PB 89-14876, shall be used in the following manner.
(A) For aluminum alloys, sample digestion shall employ the hydroxide digestion technique given in appendix A to this control measure.
(g) Alternative Compliance Option.

A district may approve an alternative approach to compliance proposed by the facility operator, if the facility operator demonstrates to the satisfaction of the district Executive Officer or Air Pollution Control Officer that the alternative is enforceable, achieves the same or better reductions in emissions and risk, and achieves these reductions within the same time period as required by this airborne toxic control measure. The alternative approach shall also be consistent with the federal Clean Air Act. The district shall revoke this approval if the facility operator fails to adequately implement the alternative approach or the alternative approach does not reduce emissions as required. The district shall notify the state board whenever it proposes to approve an alternative approach to compliance to this airborne toxic control measure.


Note: Authority cited: Sections 39600, 39601, 39650, 39655 and 39666, Health and Safety Code. Reference: Sections 39650 and 39666, Health and Safety Code.








Appendix A
Digestion of Metal Aluminum Sample for Determining As
1. Introduction:
Metal Aluminum cannot react with nitric acid or concentrated sulfuric acid. It can dissolve in dilute sulfuric acid or hydrochloric acid. Active hydrogen, generated during the acid digestion process, will reduce arsenic to AsH 3, which will escape from solution, resulting in a low or negative arsenic value. The proposed method sets up a protocol to dissolve metal alumina without loss of arsenic.
2. Reagent:
3M NaOH, 10% HgSO 4 Solution, 30% H 2 O
1:1 H 2 SO 4, Concentrated HNO 3, Tiling Copper.
3. Procedure:
3.1. Dissolve
3.1.1. Dissolve using NaOH (Method 1).
Weigh 0.5g of metal aluminum sample to a 125 ml Erlenmeyer flask, add 15 ml of 3M NaOH solution, allow to react and dissolve about 20 min. Again add 10ml of 3M NaOH, continue reaction until no gas bubbles are present and the sample is dissolved completely.
3.1.2. Dissolve using HgSO 4 (Method 2)
Weigh 0.5g of metal Aluminum sample to a 125ml Erlenmeyer flask, add 10ml of 10% HgSO 4 solution and 5ml of 30% H 2 O 2. After 20 min., add appropriate amount of HgSO 4. Allow reaction to continue until no gas bubbles are present. Add metal copper strips (large surface area) into the sample solution. After 10 min, withdraw the copper strips and add new copper strips. Repeat until the surface of copper strips in sample solution do not change to a silver color. Withdraw all copper strips from sample solution.
3.2. Digestion:
Add 3ml of concentrated HNO 3, 5ml of 1:1 H 2 SO 4 into the sample solution obtained from 3.1.1 or 3.1.2. Heat slowly and evaporate the sample solution until SO 3 fumes are present for 5 min. Cool and dilute the sample to 50.0ml.
Determine As by Atomic Absorption method.








s 93108. Ethylene Oxide Airborne Toxic Control Measure -Part 1 - Non-Commercial Sterilizers and Aerators and Commercial Sterilizers and Aerators Using Less Than 2,000 Pounds of Ethylene Oxide per 12 Consecutive Months.
(a) Definitions. For the purposes of this section, the following definitions shall apply:
(1) "Acute care facility" means any facility currently licensed by the California Department of Health Services as a general acute care hospital (as defined in title 22, CCR, section 70005), or any military hospital.

(2) "Aeration" is the process during which residual ethylene oxide dissipates, whether under forced air flow, natural or mechanically assisted convection, or other means, from previously sterilized materials after the sterilizer cycle is complete.
(3) "Aeration-only facility" means a facility which performs aeration on materials which have been sterilized with ethylene oxide at another facility.
(4) "Aerator" means any equipment or space in which materials previously sterilized with ethylene oxide are placed or remain for the purpose of aeration. An aerator is not any equipment or space in which materials that have previously undergone ethylene oxide sterilization and aeration can be handled, stored, and transported in the same manner as similar materials that have not been sterilized with ethylene oxide.
(5) "Aerator exhaust stream" means all ethylene oxide-contaminated air which is emitted from an aerator.
(6) "Back-draft valve exhaust stream" is the air stream which results from collection of ethylene oxide-contaminated air which may be removed from the sterilizer through a back-draft valve or rear chamber exhaust system during unloading of the sterilized materials.
(7) "Commercial sterilizer" means any facility which as its principal business sterilizes products or equipment manufactured elsewhere, or a facility which sterilizes products or equipment it manufactures. A commercial sterilizer is also a non-medical facility that sterilizes items used in conducting its business. (continued)