BILL ANALYSIS
AB 1468
Page 1
Date of Hearing: May 8, 2003
ASSEMBLY COMMITTEE ON NATURAL RESOURCES
Hannah-Beth Jackson, Chair
AB 1468 (Pavley) - As Introduced: February 21, 2003
SUBJECT : Air quality: negative air machines.
SUMMARY : This bill requires negative air machines, which are
used in asbestos abatement projects, to be leak tested prior to
use on any asbestos removal site of more than 100 square feet of
asbestos.
EXISTING LAW :
1)Designates the State Air Resources Board (ARB) as the state
agency charged with coordinating efforts to attain and
maintain ambient air quality standards.
2)Designates air quality management districts and air pollution
control districts (collectively, "air districts") as having
the primary responsibility for the control of air pollution
from all sources other than vehicular sources.
3)Subject to the powers and duties of the ARB, requires air
districts to adopt and enforce rules and regulations to
achieve and maintain state and federal ambient air quality
standards in all areas affected by emissions sources with
their jurisdiction.
THIS BILL :
1)Requires each negative air machine in the state to be leak
tested on the site of any asbestos abatement project that
requires the removal of more than 100 square feet of asbestos,
prior to the commencement of the project.
2)Requires a negative air machine test to be conducted by an
independent testing company.
3)Prohibits contractors from testing their own negative air
machines.
4)Requires an independent testing company to issue a
certification to the abatement contractor that owns or
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operates the machine, and to affix the certification to the
machine.
5)Requires the air district with jurisdiction over the area
where an asbestos abatement project occurs to enforce testing
and certification requirements.
6)Subjects any person who violates the requirements of this bill
to citation and administrative fine, as determined by the air
district.
FISCAL EFFECT : Unknown.
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COMMENTS :
1) Background
Asbestos fibers are known to potentially increase the risk of
cancer and other debilitating or fatal diseases, such as
asbestosis. Because of its effectiveness and relatively low
cost, asbestos was commonly used for fireproofing,
soundproofing, and thermal insulation in schools, residential
homes, and government and commercial buildings. However, due to
the potential health effects, its use has been significantly
curtailed in the last few decades. Nonetheless, many buildings
still in use contain asbestos.
Undisturbed, asbestos poses no apparent harm. However, when
renovation or demolition are necessary, asbestos can be become
airborne and present itself as a potential human health hazard,
entering the body through inhalation. As a result, asbestos
remediation is a typical part of the destruction or renewal of
older structures.
According to the author's office, negative air machines are used
in asbestos abatement work to maintain a desired negative
pressure inside an abatement enclosure, provide adequate air
changes within the closure for ventilation and worker safety,
and to capture asbestos fibers drawn from inside the closure in
a high-efficiency particulate air (HEPA) filter. The author's
office believes that it is vital to ensure that when asbestos
abatement is undertaken, that negative air machines are tested
for leaks to ensure that only clean, asbestos-free air is
exhausted to the outside or recirculated within the building.
The removal process initially requires enclosing the hazardous
room, trapping all the airborne asbestos. Then, using a
negative air machine to suck the contaminated air, a HEPA filter
catches the asbestos fibers and blows clean air out of the
enclosure. HEPA filters are required to be tested at the time
of their manufacture and be at least 99.97 percent efficient for
the removal of all airborne particulate matter 0.3 micrometers
in diameter or larger. This process is used in asbestos
abatement, as well as nuclear contamination and lead abatement,
and for areas where clean and particulate free air is essential
such as surgical facilities, tuberculosis wards, clean rooms and
computer rooms.
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According to the author's office, while the filter is tested
during its manufacture process, without recurrent testing, there
is no guarantee it will continue to remove 99.97 percent of the
airborne matter. HEPA filters are very successful when
functioning properly, but also remain susceptible to breaches
and misalignment. The filter, which is placed on a negative air
machine similar to a cover being placed over a cooking pot to
keep heat in, can be jarred or ceded during the abatement
process or while the negative air machine is in movement. This
can occur when the negative air machine, moving between
abatement locations, is jarred by a bump while sitting in a
truck bed. Such little movement can cause the filter to
misalign, creating a breach which makes the HEPA filter
ineffective. Furthermore, the negative air machine must be
continually tested for damage to the seals, rivets, and screws
that hold it together. Damage to these parts of the negative
air machine can allow asbestos filled air to re-circulate within
the abatement enclosure.
The author's office states that without the HEPA filter and
sturdy rivets and screws serving as successful deterrents,
airborne fibers can freely move wherever the negative air
machine blows air. The unintended consequence leaves workers
(without protective gear) outside the enclosure vulnerable to
asbestos inhalation, and also students, employees, residents or
hospital patients who will later use the room where air is sent.
Leaks resulting from damage to rivets and screws will also
allow asbestos-filled air to continue circulating within the
room attempting to be abated.
2) Work In Progress
The author's office has indicated that it is working with
several stakeholders to make application of this measure more
practical, but desires to allow this bill to move through the
process to continue to meet legislative deadlines. As such, the
Committee may wish to consider the several amendments noted in
the section below.
3) Suggested Clarifying Amendments
In order to make enforcement of the bill's provisions more
effective and practical, the committee may wish to consider the
following amendments:
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Require monthly leak testing. More frequent testing is
impractical.
Require the asbestos abatement company/unit owner or operator
to maintain testing records and logs on the machines,
available for inspection.
Require the air exhaust from the unit to not exceed 0.01
fibers per cubic centimeter.
REGISTERED SUPPORT / OPPOSITION :
Support
American Lung Association
Opposition
None on file
Analysis Prepared by : Scott H. Valor / NAT. RES. / (916)
319-2092