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NOA Regulations

The California Air Resources Board (CARB) has adopted two Airborne Toxic Control Measures (ATCMs) for naturally-occurring asbestos.

Accordingly, the District requires notification for all construction, grading, quarrying, and surface mining operations within the District. An entity must notify the District at least 14 days prior to engaging in specific activities covered by the regulations. Notification is also required for the expansion of existing operations, projects, and facilities.

As part of the notification process, the applicant will be required to submit an application, dust control plan, and filing fee. The current fee for initial notification is $185.00 (valid until June 30, 2025). See District Rule 401(A).

Dust control plans must, at a minimum, require that:

  • Visible emissions from equipment and operations shall not cross the property line;
  • Crushers shall not discharge emissions for a 3-minute period in any hour that are greater than 15% opacity;
  • Grinding mills, screens, and transfer points on conveyors shall not discharge emissions for a 3-minute period in any one hour that are equal to or greater than 10% opacity.
  • Use this NOA Dust Mitigation Form to file your plan

Depending upon the circumstance, additional requirements may apply, including but not limited to:

  • A 15mph vehicle maximum speed limit at the work site;
  • Track-out (dust from vehicles) onto paved public roadways must be cleaned;
  • Storage piles and disturbed areas must be stabilized by adequate wetting, treatment with a chemical dust suppressant, or covered with material with less than 0.25% asbestos; and
  • Air monitoring for asbestos may be required using specific test methods.

The Naturally Occurring Asbestos ATCM includes the series of exemptions listed below. Contact the District to determine exemption eligibility.

  • The project is located in an area not designated as an ultramafic rock unit by the California Department of Conservation Division of Mines and Geology;
  • A professional geologic evaluation indicating the absence of asbestos-containing material and ultramafic rock;
  • Agriculture and timber operations that do not include the construction of roads and buildings;
  • Homeowners and tenant projects involving the construction and grading of one acre or less;
  • Emergency Road Repairs;
  • Construction and grading conducted at remote locations; and
  • Sand and gravel operations that process materials from alluvial deposits only.