No. 28817: R307-801. Asbestos

DAR File No.: 28817
Filed: 06/16/2006, 07:31
Received by: NL

 

NOTICE OF REVIEW AND STATEMENT OF CONTINUATION

Concise explanation of the particular statutory provisions under which the rule is enacted and how these provisions authorize or require the rule:

Subsection 19-2-104(1)(d) states that the Air Quality Board may make rules to implement Subchapter II, Asbestos Hazard Emergency Response (AHERA), of the Toxic Substances Control Act (15 U.S.C. 2601 et seq.), and to review and approve asbestos management plans submitted by local education agencies. Subsections 19-2-104(3)(r) and (s) allow the Board to establish work practice, certification, and clearance air sampling requirements for persons who: (i) contract to conduct demolition, renovation, salvage, encapsulation work involving friable asbestos-containing materials, or asbestos inspections; or (ii) conduct such work in areas to which the public has access or in school buildings subject to AHERA; and to establish certification requirements for inspectors, management planners, abatement project designers, contractors, or workers under AHERA. Rule R307-801 establishes procedures and requirements for asbestos projects and training programs, for certification of persons engaged in asbestos activities, and work practice standards for such work.

 

Summary of written comments received during and since the last five-year review of the rule from interested persons supporting or opposing the rule:

No written comments were received outside the comment period when Rule R307-801 was amended. The rule was amended once since its last review, DAR No. 28501 published in the March 1, 2006, edition of the Utah State Bulletin. COMMENT: In my mineral course in college, I learned that there are three types of asbestos--blue, brown, and white--and that blue and brown have been proven to cause cancer. However, my textbook said that white asbestos fibers do not lodge in the lungs and do not seem to affect health significantly. Since white asbestos is the type used in most buildings, it seems a terrible waste of time and money to put in extra regulations for a substance that is not particularly dangerous for the general public. RESPONSE: The amendment does not require any additional notification to the Division of Air Quality; it allows contractors to notify the Division of their projects electronically if they wish to do so. The rule does not require removal of asbestos from buildings, but sets safety requirements that must be followed if asbestos is removed. The commenter is incorrect in saying that the asbestos generally used in buildings does not affect public health. All three types of asbestos (Amosite (brown), Crocidolite (blue) and Chrysotile (white)) are found in Utah buildings and all are known to cause cancer. There is no regulatory difference found in current federal and state rules among the three types of asbestos.

 

Reasoned justification for continuation of the rule, including reasons why the agency disagrees with comments in opposition to the rule, if any:

Without Rule R307-801, Utah would not have authority to implement the federal requirements; implementation would be carried out by the Environmental Protection Agency. The specific authorizations in Subsections 19-2-104(1)(d) and 19-2-104(3)(r) and (s) clearly indicate that the Legislature prefers that the Division of Air Quality implement the program. Therefore, this rule should be continued.

 

The full text of this rule may be inspected, during regular business hours, at the Division of Administrative Rules, or at:

Environmental Quality
Air Quality
150 N 1950 W
SALT LAKE CITY UT 84116-3085

 

Direct questions regarding this rule to:

Jan Miller at the above address, by phone at 801-536-4042, by FAX at 801-536-0085, or by Internet E-mail at [e-mail]

 

Authorized by:

M. Cheryl Heying, Planning Branch Manager