ASBESTOS REGULATIONS - RULE 1403 - SCAQMD

What is the South Coast Air Quality Management District (SCAQMD)? 

The SCAQMD is the governmental agency in Los Angeles, Riverside, Orange, and San Bernardino Counties, that enforces United States Environmental Protection Agency (U.S. EPA) asbestos regulations.  SCAQMD only regulates asbestos at concentrations equal to or greater than 1%.

What is Rule 1403?

SCAQMD Rule 1403 establishes notification and work practice requirements to limit asbestos emissions from building demolition and renovation activities. California law requires that a copy of the asbestos demolition/renovation notification form be provided to your local city permitting department prior to the issuance of a demolition/renovation permit. Local governments are responsible for the asbestos notification process.

When do I need an asbestos survey? 

According to Rule 1403, an asbestos survey is required prior to the start of any renovation or demolition project, regardless of the age of the building or the size of the project, in order to determine the presence of asbestos-containing materials.  Rule 1403 defines a "demolition" project as a project that includes the removal of any load-bearing component.  All other projects would be considered a "renovation" project.  

When do I need to hire an asbestos removal contractor?

If your required pre-project asbestos survey found asbestos-containing material that will be disturbed during the course of the project, chances are you will need to hire an asbestos removal contractor.  

When is Rule 1403 notification required?

For all demolition projects and asbestos removal projects of equal to or greater than 100 square feet.  

A notification form is required to be sent to the SCAQMD 14 calendar days prior to the start of any demolition project even if no asbestos was found during the asbestos survey.  A notification form must also be sent calendar 14 days prior to the start of any project where equal to or greater than 100 square feet of asbestos is to be removed, as determined by your pre-project asbestos survey.

When is Rule 1403 notification NOT required?

A notification form is not required for renovations where no asbestos is present as determined by the pre-project asbestos survey.  A notification form is also not required when your asbestos survey identified asbestos, but has determined that the quantity to be disturbed during the project is less than 100 square feet.

However, just because you don't need to notify SCAQMD does not mean that asbestos doesn't need to be removed by a state licensed asbestos abatement contractor.  All other applicable regulations still must be followed.

How is the notification submitted?

Asbestos notification forms are usually sent to SCAQMD by the asbestos abatement contractor or the demolition contractor. The only exception to this is a "demolition by owner", a home owner who is a permanent resident at a single-family house. In this case the owner would send the demolition notification form.

What if I am demolishing a building AND it contains greater than 100 square feet of asbestos?

Then two separate notifications are required, one for the demolition and one for the asbestos removal.

Are there ways to expedite the 14 calendar day waiting period?

Yes, under certain circumstances.

What are the penalties for not conducting the pre-project asbestos survey or for not properly notifying the SCAQMD?

Penalties can range from a monetary penalty up of up to $20,000 per day to incarceration in the event the negligence was determined to cause significant environmental or bodily harm.

What if my survey finds material containing less than 1% asbestos?

Then SCAQMD does not require any asbestos notification for removal of that material. However, Cal-OSHA regulates any material containing greater than 1/10 of 1% (0.1%) and those regulations must be adhered to.

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