HomeMy WebLinkAbout4.11 - 2645 Polychlorinated Biphenyls During Building D
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STAFF REPORT
CITY COUNCIL
DATE: May 21, 2019
TO: Honorable Mayor and City Councilmembers
FROM:
Christopher L. Foss, City Manager
SUBJECT:
Ordinance Adding Chapter 7.29 to the Dublin Municipal Code to Manage
Polychlorinated Biphenyls During Building Demolition Projects
Prepared by: Shannan Young, Environmental Coordinator
EXECUTIVE SUMMARY:
The City Council will consider introducing an ordinance adding Chapter 7.29 to the
Dublin Municipal Code to manage polychlorinated biphenyls (PCBs) during building
demolition projects. The Municipal Regional Stormwater National Pollutant Discharge
Elimination System Permit, of which the City of Dublin is a permittee, requires permitees
to implement PCBs management to reduce discharges of PCBs in stormwater runoff to
the Bay. PCBs are known to be found in building materials used from 1950 -1980. The
PCBs building demolition ordinance would require testing and proper disposal of PCBs -
containing materials to prevent discharge to the storm drain system.
STAFF RECOMMENDATION:
Waive the reading and INTRODUCE an Ordinance Adding Chapter 7.29 (Management
of PCBs During Building Demolition Projects) to Title 7 (Public Works) of the Dublin
Municipal Code.
FINANCIAL IMPACT:
None. Costs associated with Staff review of demolition permits of regulated structures
will be recouped through fees in the Master Fee Schedule.
DESCRIPTION:
The City of Dublin is required by the Municipal Regional Stormwater National Pollutant
Discharge Elimination System Permit (MRP) to reduce polychlorinated biphenyls
(PCBs) discharges in stormwater runoff. This regulation targets priority building
materials that may contain relatively high levels of PCBs. Such building materials were
used primarily in buildings constructed between 1950 and 1980. The priority building
materials are caulking, thermal/fiberglass insulation, adhesive/mastic, and rubber
window gaskets. These priority building materials are targeted for regulation during total
building demolition to prevent the materials and associated PCBs from potentially being
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released to the environment and transported to local creeks and to the San Francisco
Bay by stormwater runoff.
This regulation requires an assessment process for PCBs in building materials that is
analogous in some ways to the process currently implemented for asbestos -containing
materials. It requires that the City of Dublin initially notifies demolition permit applicants
about the new requirements. Applicants will have to conduct a PCBs in a Priority
Building Materials Screening Assessment, which was developed in a coordinated,
regional effort by the Bay Area Stormwater Management Agencies Association
(BASMAA) to meet the mandates in the MRP. Applicants will be required follow the
directions provided in the PCBs in Priority Building Materials Screening Assessment
Applicant Package (Applicant Package, Attachment 1), which includes:
• An overview of the process and Applicant instructions in the main body of the
document
• A process flow, which is included in Appendix A
• A screening assessment form, which is provided in Appendix B
• The Protocol for Assessing Priority PCBs-Containing Materials before Building
Demolition, which is included in Appendix C and is described below
Applicable structures include buildings built between 1950 and 1980, except for wood -
frame buildings and single-family residential homes. Applicable structures must
undergo an assessment to determine whether PCBs are present at concentrations
greater than or equal to 50 parts-per million (≥ 50 ppm) prior to demolition. The
assessment can be made in one of two ways: 1) by using existing data on specific
product formulations (if available), or 2) by conducting representative sampling of the
priority building materials and having the samples analyzed for P CBs at a certified
analytical laboratory. The representative sampling and analysis are described in detail
in Appendix C of the Applicant Package, the Protocol for Assessing Priority PCBs -
Containing Materials before Building Demolition. Appendix C of the Applicant Package
(Attachment 1) also includes photographs of building materials that may contain PCBs.
When the PCBs in Priority Building Materials Screening Assessment identifies one or
more Priority Building Materials containing PCBs, the Applicant must comply with all
related applicable federal and state laws, including potential notification of the
appropriate regulatory agencies, including the Environmental Protection Agency, the
Regional Water Board, and/or the Department of Toxic Substances Control.
Staff has prepared a proposed ordinance to implement the requirement to manage
PCBs during building demolition. The focus of the ordinance (Attachment 2) is on PCBs
runoff prevention to protect water quality. Staff anticipates that this regulation wil l apply
to approximately one or two projects a year. The regulation does not:
Ask for municipal oversight or enforcement of human health protection
standards.
Ask for municipal oversight of PCBs abatement or remediation of materials or
lands contaminated by PCBs.
Establish remediation standards.
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At all demolition sites, routine construction controls, including erosion and sediment
controls, are also required to be implemented per the requirements of the MRP and the
statewide Construction General Permit issued by the California State Water Resources
Control Board.
STRATEGIC PLAN INITIATIVE:
N/A
NOTICING REQUIREMENTS/PUBLIC OUTREACH:
Information on the proposed new ordinance is available at the permit counter and on the
Environmental Programs web page at the City of Dublin website.
ATTACHMENTS:
1. PCBs in Priority Building Materials: Model Screening Assessment Applicant Package
2. Ordinance Adding Chapter 7.29 (Management of PCBs During Building Demolition
Projects) to the Dublin Municipal Code
Managing PCBs−Containing Building Materials
during Demolition:
Guidance, Tools, Outreach and Training
PCBs in Priority Building Materials:
Model Screening Assessment
Applicant Package
August 2018
i
This document is a deliverable of the Bay Area Stormwater Management Agencies Association
(BASMAA) project Managing PCBs−Containing Building Materials during Demolition: Guidance,
Tools, Outreach and Training. BASMAA developed guidance, tools, and outreach and training
materials to assist with San Francisco Bay Area municipal agencies’ efforts to address the
requirements of Provision C.12.f. of the Bay Area Municipal Regional Stormwater Permit
(referred to as the MRP). Provision C.12.f of the MRP requires Permittees to manage PCBs–
containing building materials during demolition.
We gratefully acknowledge the BASMAA Steering Committee for this project, which provided
overall project oversight, including during the development of this and other project deliverables:
Reid Bogert, Stormwater Program Specialist, San Mateo Countywide Water Pollution
Prevention Program (BASMAA Project Manager)
Amanda Booth, Environmental Program Analyst, City of San Pablo
Kevin Cullen, Program Manager, Fairfield-Suisun Urban Runoff Management Program
Matt Fabry, Program Manager, San Mateo Countywide Water Pollution Prevention
Program
Gary Faria, Supervisor, Inspection Services, Building Inspection Division, Contra Costa
County
Napp Fukuda, Deputy Director - Watershed Protection Division, City of San José
Ryan Pursley, Chief Building Official, Building Division, City of Concord
Pam Boyle Rodriguez, Manager, Environmental Control Programs – Stormwater, City of
Palo Alto
Jim Scanlin, Program Manager, Alameda Countywide Clean Water Program
Melody Tovar, Regulatory Programs Division Manager, City of Sunnyvale
We also gratefully acknowledge the project Technical Advisory Group, which provided feedback
from a variety of project stakeholders during development of selected project deliverables:
Stakeholder Group Representative(s)
Regulatory – stormwater/PCBs Luisa Valiela and Carmen Santos, U.S. EPA Region 9
Regulatory – stormwater/TMDL Jan O’Hara, San Francisco Bay Regional Water Quality
Control Board
Regulatory – experience with related
program (asbestos management)
Ron Carey and Richard Lew, Bay Area Air Quality
Management District
Industry – demolition contractors Avery Brown, Ferma Corporation
Industry – remediation consultants John Martinelli, Forensic Analytical Consulting
John Trenev, Bayview Environmental Services, Inc.
MRP Permittee – large municipality Patrick Hayes, City of Oakland
MRP Permittee – medium municipality Kim Springer, San Mateo County Office of Sustainability
MRP Permittee – small municipality Amanda Booth, City of San Pablo
ii
Prepared for:
BASMAA
P.O. Box 2385
Menlo Park, CA 94026
Prepared by:
EOA, Inc.
Larry Walker Associates
Geosyntec Consultants
Stephanie Hughes
David J. Powers & Associates, Inc.
iii
PCBs in Priority Building Materials:
Model Screening Assessment Applicant Package
Contents
DISCLAIMER ....................................................................................................................... iv
Process Overview ...........................................................................................................................1
Applicant Instructions for Completing the PCBs Screening Assessment Form ......................2
Part 1. Owner and project information ................................................................................... 2
Part 2. Is building subject to the screening requirement based on type, use, and age of the
building? ................................................................................................................................. 2
Part 3. Report concentrations of PCBs in priority building materials .................................... 3
Part 4. Certification ................................................................................................................. 4
Notices to Applicants Regarding Federal and State PCBs Regulations ...................................5
Agency Contacts ..................................................................................................................... 6
Attachment A Process Flow Chart .......................................................................................... A-1
Attachment B PCBs in Priority Building Materials Screening Assessment Form ..............B-1
Attachment C Protocol for Evaluating Priority PCBs-Containing Materials
before Building Demolition ...................................................................................................... C-1
iv
DISCLAIMER
Information contained in BASMAA products is to be considered general guidance and is not to
be construed as specific recommendations for specific cases. BASMAA is not responsible for
the use of any such information for a specific case or for any damages, costs, liabilities or
claims resulting from such use. Users of BASMAA products assume all liability directly or
indirectly arising from use of the products.
The material presented in this document is intended solely for the implementation of a municipal
regulatory program required by the San Francisco Bay Area Regional Water Quality Control
Board Municipal Regional Stormwater Permit for the protection of water quality under the Clean
Water Act.
BASMAA prepared the tools and guidance herein to assist MRP Permittees’ efforts to address
the requirements of Provision C.12.f. of the MRP. The project team received input from a variety
of stakeholders during development of the tools and guidance, including regulators (San
Francisco Bay Regional Water Quality Control Board, U.S. EPA, and Bay Area Air Quality
Management District staff), Bay Area municipal agency staff, and industry representatives.
This document does not address other environmental programs or regulations (e.g., PCBs
regulations under the Toxic Substances Control Act (TSCA); federal, state, or local regulations
for hazardous material handling and hazardous waste disposal; health and safety practices to
mitigate human exposure to PCBs or other hazardous materials; recycling mandates; and
abatement at sites with PCBs (or other contaminants). The applicant is responsible for knowing
and complying with all relevant laws and regulations.
The mention of commercial products, their source, or their use in connection with information in
BASMAA products is not to be construed as an actual or implied approval, endorsement,
recommendation, or warranty of such product or its use in connection with the information
provided by BASMAA.
This disclaimer is applicable to all BASMAA products, whether information from the BASMAA
products is obtained in hard copy form, electronically, or downloaded from the Internet.
1
Process Overview
This document provides a model PCBs in Priority Building Materials Screening Assessment
process to be conducted by demolition project proponents (applicants). A flow chart illustrating
the above processes is provided in Attachment A.
Applicants proposing to demolish buildings must
conduct the PCBs screening assessment. Through
the PCBs screening assessment applicants will:
1) Determine whether the building proposed for
demolition is likely to have PCBs-containing
building materials (see discussion of
applicable structure); and
2) Determine whether PCBs are present at a
concentration equal to or greater than 50
parts per million (ppm) in building materials.
Use the PCBs Screening Assessment Form
(Attachment B) to summarize and certify the
information required by the municipality to issue the
demolition permit. The form is divided into four parts:
Part 1 provide applicant information and
project location.
Part 2 complete the questions to identify
whether the project involves an applicable
structure. If the demolition does not involve
an applicable structure, the form may be
certified and submitted without completing
Part 3.
Part 3 complete the questions to provide the concentrations of PCBs in any priority
building materials.
Part 4 certify the information being submitted.
Note that fluorescent light ballasts, polyurethane foam furniture, and Askarel fluid used in
transformers, all of which may contain PCBs, are typically managed during pre-demolition
activities under current regulations and programs that require removal of universal waste and
outdated transformers. For this process it is assumed that those materials will be evaluated and
managed under those existing programs.
This screening process is part of a program for water quality protection and was designed in accordance
with requirements in the MRP. 1 It does not address other environmental programs or regulations (e.g.,
PCBs regulations under the Toxic Substances Control Act (TSCA); federal, state, or local regulations for
hazardous material handling and hazardous waste disposal; health and safety practices to mitigate
human exposure to PCBs or other hazardous materials; recycling mandates; or abatement at sites with
PCBs (or other contaminants). The applicant is responsible for complying with all relevant laws and
regulations. See the Notices to Applicants section for additional information.
1 A National Pollutant Discharge Elimination System (NPDES) permit, Order No. R2-2015-0049, issued to
municipalities in the counties of Alameda, Contra Costa, San Mateo, and Santa Clara, and the Cities of Fairfield,
Suisun City, and Vallejo.
Water quality within the San Francisco Bay
Region is regulated by the San Francisco
Bay Area Regional Water Quality Control
Board (Regional Water Board).
In 2015, the Regional Water Board
reissued the Municipal Regional Permit
(MRP)1 that regulates discharges of
stormwater runoff. The MRP includes
provisions for reducing discharges of
polychlorinated biphenyls (PCBs) in
stormwater runoff and requires
municipalities to develop a program to
manage priority PCBs–containing building
materials during demolition and implement
the program by July 1, 2019.
Existing federal and state regulations
create the framework for managing PCBs
in building materials once those PCBs are
identified through this program and for
disposing of wastes containing PCBs.
2
Applicant Instructions for Completing the PCBs
Screening Assessment Form
Applicants for demolition permits or other permits
that involve the complete demolition of a building
must conduct an assessment to screen for PCBs in
priority building materials. Use the PCBs Screening
Assessment Form, to summarize and certify the
information needed by the municipality to issue a
demolition permit. The form is provided in
Attachment B. If the project includes the demolition
of multiple buildings complete one form for each
building to be demolished.
Part 1. Owner and project information
Complete the owner and consultant information and
the project location information.
For the Type of Construction select one of the
following options:
Wood Frame (Buildings constructed with
lumber or timbers, which make up the studs,
plates, joists, and rafters.)
Masonry Construction (Buildings
constructed with concrete blocks or bricks as
the load bearing walls typically with the floors
and ceilings constructed with wooden joists.)
Steel Frame Construction (Buildings
constructed with steel studs or steel columns
and steel joists or trusses to support floors
and roofs. Includes light gauge steel
construction and high-rise steel
construction.)
Concrete Frame (Buildings constructed with reinforced concrete columns, concrete
beams, and concrete slabs.)
Pre-Engineered (Buildings constructed with pre-engineered parts bolted together.)
Part 2. Is building subject to the screening requirement based on type, use, and
age of the building?
Part 2 documents the determination of whether the proposed demolition will affect an applicable
structure. If the demolition does not affect an applicable structure, then the assessment is
complete, and the form can be certified.
This determination screens out buildings that are a lower priority with regard PCBs-containing
materials and provides an off-ramp from the rest of the screening process.
Key Definitions
Demolition means the wrecking, razing, or
tearing down of any building. The definition
is intended to be consistent with the
demolition activities undertaken by
contractors with a C-21 Building
Moving/Demolition Contractor’s License.
Priority Building Materials are:
1. Caulk;
2. Thermal insulation;
3. Fiberglass insulation;
4. Adhesive mastics; and
5. Rubber window gaskets.
Buildings are structures with a roof and
walls standing more or less permanently in
one place. Buildings are intended for
human habitation or occupancy.
Applicable Structures are defined as
buildings constructed or remodeled
between January 1, 1950 and December
31, 1980. Wood framed buildings and
single-family residential buildings are not
applicable structure regardless of the age
of the building.
3
Question 2.a: Is the building to be demolished wood framed and/or single family
residential?
If YES the PCBs Screening Assessment is complete, skip to the certification in Part 4.
If NO, continue to Question 2.b.
Question 2.b: Was the building to be demolished
constructed or remodeled between January 1, 1950 and
December 31, 1980?
If YES continue to Question 2.c.
If NO, the PCBs Screening Assessment is complete,
skip to the certification in Part 4.
Question 2.c: Is the proposed demolition a complete
demolition of the building (as defined in key definitions
of this document)?
If YES continue to Part 3.
If NO, the PCBs Screening Assessment is complete,
skip to the certification in Part 4.
Part 3. Report concentrations of PCBs in priority building materials
Part 3 documents the results of the assessment of PCBs concentrations in priority building
materials. Part 3 is only required for proposed demolition of an applicable structure, as
determined in Part 2. Check the option used.
Option 1 Conduct representative sampling and analysis of the priority building materials
per the Protocol for Evaluating Priority PCBs-Containing Materials before Building
Demolition (August 2018) provided in Attachment C.
Option 2 Use existing sampling results of the priority building materials. Applicants who
have conducted sampling prior to the publication of the protocol may use that data
provided it is consistent with the protocol (e.g., analytical methods, sample collection
frequency, QA/QC). It is anticipated that prior sampling results will rarely be available
and that most Applicants will need to use Option1.
3.a Option 1 – Conduct representative sampling
Check this box if you conducted representative sampling and analysis of the priority building
materials per the Protocol for Evaluating Priority PCBs-Containing Materials before Building
Demolition (August 2018) (Attachment C).
Complete the applicable tables for each priority building material.
Attach the contractor’s report2 documenting the evaluation results.
Attach (or include in the contractor’s report) the QA/QC checklist (see Attachment C,
Section 3.2.4).
Attach copies of the analytical data reports.
2 The contractor’s report of the findings of the PCBs building material evaluation. See section 3 of Protocol for
Evaluating Priority PCBs-Containing Materials before Building Demolition (Attachment C).
Studies have found the highest
concentrations of PCBs in
building materials in buildings
that were built or remodeled
from 1950 to 1980.
For this process, the date that
the building permit was issued
will be used to determine
applicability.
4
3.a Option 2 – Use existing sampling records
In some cases, a property owner may have conducted sampling of the priority building materials
for PCBS. If such data exist, you may use these data to demonstrate the concentration of PCBs
in the priority building materials for the PCBs screening. However, if the sampling must be
consistent with the Protocol for Evaluating Priority PCBs-Containing Materials before Building
Demolition.
Complete the applicable tables for each priority building material.
Attach the contractor’s report/statement that the results are consistent with the Protocol
for Evaluating Priority PCBs-Containing Materials before Building Demolition.
Attach copies of the analytical data reports.
Part 3 Tables Summarize concentrations of PCBs in priority building materials
Use these tables to summarize the concentrations of PCBs in the priority building materials.
Each page of the table is for a different material. Duplicate the pages as needed to
report all concentration data.
A blank page is provided. Applicants have the option of submitting PCBs concentration
data on other materials in addition to the priority building materials.
Column 1: required for all priority building material PCBs concentrations
Use column 1 to report all PCBs concentrations in the priority building materials. Provide
short description of the sample location, concentration.
Column 2: only required for PCBs concentrations ≥50 ppm
Use column 2 to estimate the amount of material associated with each sample.
Part 4. Certification
Complete the certification. The certification must be signed by the property owner or the
owner’s agent or legal representatives and the consultant who complete the application
form.
5
Notices to Applicants Regarding Federal and State
PCBs Regulations
Applicants that determine PCBs exist in priority building materials must follow applicable federal
and state laws. This may include reporting to U.S. Environmental Protection Agency (USEPA),
the San Francisco Bay Regional Water Quality Control Board, and the California Department of
Toxic Substances Control (DTSC). These agencies may require additional sampling and
abatement of PCBs.
Depending on the approach for sampling and removing building materials containing PCBs, you
may need to notify or seek advance approval from USEPA before building demolition. Even in
circumstances where advance notification to or approval from USEPA is not required before the
demolition activity, the disposal of PCBs waste is regulated under Toxic Substances Control Act
(TSCA).
Additionally, the disposal of PCBs waste is subject to California Code of Regulations (CCR)
California Code of Regulations (CCR) Title 22, Section Division 4.5, Chapter 12, Standards
Applicable to Hazardous Waste Generators.
Building owners and employers need to consider worker and public safety during work involving
hazardous materials and wastes including PCBs.
Federal and State Regulations
Building materials containing PCBs at or above 50 ppm that were manufactured with PCBs (e.g., caulk,
joint sealants, paint) fall under the category of PCBs bulk product wastes. See 40 Code of Federal
Regulations (CFR) 761.3 for a definition of PCBs bulk product wastes.
Building materials such as concrete, brick, metal contaminated with PCBs are PCBs remediation wastes
(e.g., concrete contaminated with PCBs from caulk that contains PCBs). 40 CFR 761.3 defines PCBs
remediation wastes.
Disposal of PCBs wastes are subject to TSCA requirements such as manifesting of the waste for
transportation and disposal. See 40 CFR 761 and 40 CFR 761, Subpart K.
TSCA-regulated does not equate solely to materials containing PCBs at or above 50 ppm. There are
circumstances in which materials containing PCBs below 50 ppm are subject to regulation under TSCA.
See 40 CFR 761.61(a)(5)(i)(B)(2)(ii).
Disposal of PCBs wastes are subject to California Code of Regulations (CCR) Title 22, Section Division
4.5, Chapter 12, Standards Applicable to Hazardous Waste Generators.
California hazardous waste regulatory levels for PCBs are 5 ppm based on the Soluble Threshold Limit
Concentration test and 50 ppm based on the Total Threshold Limit Concentration test, see CCR, Title 22,
Section 66261.24, Table III.
6
Agency Contacts
Applicants should contact the appropriate agencies and review the relevant guidance and
information about PCBs in building materials. Municipal staff are not able to advise you on the
requirements of the applicable federal and state laws.
Agency Contact Useful Links
US Environmental
Protection Agency
Steve Armann (415) 972-3352
armann.steve@epa.gov
https://www.epa.gov/pcbs (EPA PCB website)
https://www.epa.gov/pcbs/questions-and-answers-about-
polychlorinated-biphenyls-pcbs-building-materials (PCBs in
Building Materials Fact Sheet and Q/A Document)
https://www.epa.gov/pcbs/pcb-facility-approval-streamlining-
toolbox-fast-streamlining-cleanup-approval-process
(USEPA PCB Facility Approval Streamlining Toolbox (PCB
FAST))
https://www.epa.gov/pcbs/polychlorinated-biphenyls-pcbs-
building-materials#Test-Methods (See Information for
Contractors Working in Older Buildings that May Contain
PCBs)
San Francisco Bay
Regional Water
Quality Control Board
Jan O’Hara (510) 622-5681
Janet.O’Hara@waterboards.ca.gov
Cheryl Prowell (510) 622-2408
Cheryl.Prowell@waterboards.ca.gov
https://www.waterboards.ca.gov/sanfranciscobay/water_iss
ues/programs/TMDLs/sfbaypcbstmdl.shtml
https://www.waterboards.ca.gov/sanfranciscobay/water_iss
ues/programs/sitecleanupprogram.html
Department of Toxic
Substances Control
Regulatory Assistance Office
1-800-72TOXIC
RAO@dtsc.ca.gov
http://www.dtsc.ca.gov/SiteCleanup/Brownfields/upload/PU
B_SMP_Guide-to-Selecting-a-Consultant.pdf
California Division of
Occupational Safety
and Health (known as
Cal/OSHA)
CalOSHA Consultations Services
1-800-963-9424
https://www.dir.ca.gov/dosh/consultation.html
A-1
Attachment A
Process Flow Chart
Yes
Yes
Yes
PCBs in Priority Building Materials
Screening Assessment Process
Do representative
sample results or records
show PCBs
concentrations ≥50 ppm
in one or more priority
materials?
Positive screening
Applicant submits screening form to
municipality. Municipality issues
demolition permit in accordance with
municipal procedures.
Applicant follows applicable federal
and state requirements for
notification and abatement. (See
Note 1 on reverse side.)
PCBs Screening Assessment is complete or did not identify PCBs concentrations ≥50 ppm in any priority
materials. (See Note 1 on reverse side.) Applicant submits screening form to Municipality and Municipality
issues demolition permit in accordance with municipal procedures.
No
Is the building to be
demolished wood framed
or a single family
residential building?
Was the building to be
demolished constructed or
remodeled between January
1, 1950 and December 31,
1980?
No
No
Applicant conducts representative sampling of priority
building materials consistent with the methods outlined in
Protocol for Evaluating Priority PCBs-Containing
Materials before Building Demolition (2018).
Applicant may also use available records specific to the
priority building materials found in the building to
determine PCBs concentrations.
Is the proposed
demolition a complete
demolition of the
building ?
No
Yes
Note 1
Building materials containing PCBs at or above 50 ppm that were
manufactured with PCBs (e.g., caulk, joint sealants, paint) fall under the
category of PCBs bulk product wastes. See 40 Code of Federal Regulations
(CFR) 761.3 for a definition of PCBs bulk product wastes.
Building materials such as concrete, brick or metal contaminated with PCBs
are PCBs remediation wastes (e.g., concrete contaminated with PCBs from
caulk that contains PCBs). 40 CFR 761.3 defines PCBs remediation wastes.
Disposal of PCBs wastes are subject to TSCA requirements such as
manifesting of the waste for transportation and disposal. See 40 CFR 761 and
40 CFR 761, Subpart K.
TSCA-regulated does not equate solely to “materials containing PCBs at or
above “50 mg/kg.” There are circumstances in which materials containing
PCBs below 50 mg/kg are subject to regulation under TSCA. See 40 CFR
761.61(a)(5)(i)(B)(2)(ii).
Disposal of PCBs wastes are subject to California Code of Regulations (CCR)
Title 22, Section Division 4.5, Chapter 12, Standards Applicable to Hazardous
Waste Generators.
California hazardous waste regulatory levels for PCBs are 5 ppm based on the
Soluble Threshold Limit Concentration test and 50 ppm based on the Total
Threshold Limit Concentration test, see CCR, Title 22, Section 66261.24,
Table III.
B-1
Attachment B
PCBs in Priority Building Materials Screening
Assessment Form
PCBs Screening Assessment Form
1
For Municipality Use Only
Date Received
File #
This screening process is part of a program for water quality protection and was designed in accordance with
requirements in the Bay Area regional municipal stormwater NPDES permit (referred to as the Municipal Regional
Permit). This process does not address other environmental programs or regulations (e.g., PCBs regulations under the
Toxic Substances Control Act (TSCA); federal, state, or local regulations for hazardous material handling and hazardous
waste disposal; health and safety practices to mitigate human exposure to PCBs or other hazardous materials; recycling
mandates; or abatement at sites with PCBs or other contaminants). The applicant is responsible for knowing and
complying with all relevant laws and regulations. See Notices to Applicants section in the Applicant Instructions
and at the end of this form.
Complete all applicable parts of the PCBs Screening Assessment Form and submit with your
demolition permit application.
All Applicants must complete Part 1 and Part 2.
Part 1. Owner/Consultant and project information
Owner Information
Name
Address
City State Zip
Contact (Agent)
Phone Email
Consultant Information
Firm Name
Address
City State Zip
Contact Person
Phone Email
Project Location
Address
City State CA Zip
APN (s)
Year Building was Built Type of Construction
Estimated Demolition Date
2
Part 2. Is building subject to the PCBs screening requirement based on type, use, and age of
the building?
2.a Is the building to be demolished wood framed and/or single family residential? Yes No
If the answer to question 2.a is Yes, the PCBs Screening Assessment is complete, skip to Part 4. If the answer is No,
continue to Question 2.b.
2.b Was the building to be demolished constructed or remodeled between January 1,
1950 and December 31, 1980? Yes No
If the answer to Question 2.b is No the PCBs Screening Assessment is complete, skip to Part 4. If the answer is
Yes, continue to Question 2.c.
2.c Is the proposed demolition a complete demolition of the building? Yes No
If the answer to Question 2.c is No the PCBs Screening Assessment is complete, skip to Part 4. If the answer is
Yes, complete Part 3.
All applications affecting applicable structures and demolitions must complete Part 3 and the Part 3 Tables.
Part 3. Report concentrations of PCBs in priority building materials
Option 1. Applicants conducted representative sampling and analysis of the priority building materials per the Protocol
for Evaluating Priority PCBs-Containing Materials before Building Demolition (2018) (Attachment C).
Option 2. Applicants possess existing sample results that are that are consistent with the Protocol for Evaluating Priority
PCBs-Containing Materials before Building Demolition (2018) (Attachment C).
3.a Select option and report PCBs concentrations in the priority building materials and the source of data for each of
the priority building materials. Provide the required supporting information
Option 1 Conduct Representative Sampling
Summarize results on Part 3 Tables; and
Provide the following supporting information:
□ Contractor’s report documenting the assessment
results;
□ QA/QC checklist (see Attachment C, section 3.2.4);
and
□ Copies of the analytical data reports.
Option 2 Use Existing Sampling Records
Summarize results on Part 3 Tables; and
Provide the following supporting
information:
□ Contractor’s report/statement that the
results are consistent with the Protocol
for Evaluating Priority PCBs-
Containing Materials before Building
Demolition.
□Copies of the analytical data reports.
All Applicants must complete Part 4.
Part 4. Certification
I certify that the information provided in this form is, to the best of my knowledge and belief, true, accurate, and complete. I
further certify that I understand my responsibility for knowing and complying with all relevant laws and regulations related
to reporting, abating, and handing and disposing of PCBs materials and wastes. I understand there are significant
penalties for submitting false information. I will retain a copy of this form and the supporting documentation for at least 5
years.
Signature: Date:
(Property Owner//Agent/Legal Representative)
Print/Type:
(Property Owner/Agent/Legal Representative Name)
Signature: Date:
(Consultant Completing Application Form)
Print/Type:
(Consultant Completing Application Form)
Notices to Applicants Regarding Federal and State PCBs Regulations
3
Applicants that determine PCBs exist in building materials must follow applicable federal and state laws. This may
include reporting to U.S. Environmental Protection Agency (USEPA), the San Francisco Bay Regional Water
Quality Control Board, and the California Department of Toxic Substances Control (DTSC). These agencies may
require additional sampling and abatement of PCBs. Depending on the approach for sampling and removing
building materials containing PCBs, you may need to notify or seek advance approval from USEPA before building
demolition. Even in circumstances where advance notification to or approval from USEPA is not required before the
demolition activity, the disposal of PCBs waste is regulated under TSCA and the California Code of Regulations.
(See Note 1)
Agency Contact Useful Links
US Environmental
Protection Agency
Steve Armann (415) 972-3352
armann.steve@epa.gov
https://www.epa.gov/pcbs (EPA PCBs website)
https://www.epa.gov/pcbs/questions-and-answers-about-polychlorinated-
biphenyls-pcbs-building-materials (PCBs in Building Materials Fact Sheet and
Q/A Document)
https://www.epa.gov/pcbs/pcb-facility-approval-streamlining-toolbox-fast-
streamlining-cleanup-approval-process (USEPA PCB Facility Approval
Streamlining Toolbox (PCB FAST))
https://www.epa.gov/pcbs/polychlorinated-biphenyls-pcbs-building-
materials#Test-Methods (See Information for Contractors Working in Older
Buildings that May Contain PCBs)
San Francisco Bay
Regional Water Quality
Control Board
Jan O’Hara (510) 622-5681
Janet.O’Hara@waterboards.ca.gov
Cheryl Prowell (510) 622-2408
Cheryl.Prowell@waterboards.ca.go
v
https://www.waterboards.ca.gov/sanfranciscobay/water_issues/programs/TM
DLs/sfbaypcbstmdl.shtml
https://www.waterboards.ca.gov/sanfranciscobay/water_issues/programs/site
cleanupprogram.html
Department of Toxic
Substances Control
Regulatory Assistance Office
1-800-72TOXIC
RAO@dtsc.ca.gov
http://www.dtsc.ca.gov/SiteCleanup/Brownfields/upload/PUB_SMP_Guide-to-
Selecting-a-Consultant.pdf
California Division of
Occupational Safety and
Health (Cal/OSHA)
CalOSHA Consultations Services
1-800-963-9424
https://www.dir.ca.gov/dosh/consultation.html
Note 1 - Federal and State Regulations
Building materials containing PCBs at or above 50 ppm that were manufactured with PCBs (e.g., caulk, joint
sealants, paint) fall under the category of PCBs bulk product wastes. See 40 Code of Federal Regulations (CFR)
761.3 for a definition of PCBs bulk product wastes.
Building materials such as concrete, brick, metal contaminated with PCBs are PCBs remediation wastes (e.g.,
concrete contaminated with PCBs from caulk that contains PCBs). 40 CFR 761.3 defines PCBs remediation wastes.
Disposal of PCBs wastes are subject to TSCA requirements such as manifesting of the waste for transportation and
disposal. See 40 CFR 761 and 40 CFR 761, Subpart K.
TSCA-regulated does not equate solely to materials containing PCBs at or above 50 ppm. There are circumstances
in which materials containing PCBs below 50 ppm are subject to regulation under TSCA. See 40 CFR
761.61(a)(5)(i)(B)(2)(ii).
Disposal of PCBs wastes are subject to California Code of Regulations (CCR) Title 22, Section Division 4.5, Chapter
12, Standards Applicable to Hazardous Waste Generators.
California hazardous waste regulatory levels for PCBs are 5 ppm based on the Soluble Threshold Limit
Concentration test and 50 ppm based on the Total Threshold Limit Concentration test, see CCR, Title 22, Section
66261.24, Table III.
4 Part 3 Caulk Applications Table Column 1. Report all PCBs concentrations for each homogenous area of caulking area (see Attachment C, Section 3.2.2). Use sample designators/descriptions from laboratory report. Column 2. Complete for each concentration ≥ 50 ppm Caulk Application Sample Description Concentration (mg/kg) Estimate Amount of Material Units Example: Caulk Sample 1 320 48 Linear Feet 1. Linear Feet 2. Linear Feet 3. Linear Feet 4. Linear Feet 5. Linear Feet 6. Linear Feet 7. Linear Feet 8. Linear Feet 9. Linear Feet 10. Linear Feet Duplicate page if additional space is needed.
5 Part 3 Fiberglass Insulation Applications Table Column 1. Report all PCBs concentrations for each homogenous area of fiberglass insulation (see Attachment C, Section 3.2.2). Use sample designators/descriptions from laboratory report. Column 2. Complete for each concentration ≥ 50 mg/kg Fiberglass Insulation Application Sample Description Concentration (mg/kg) Estimate Amount of Material Units Example: Fiberglass Insulation Sample 1 78 86 Square Feet 1. Square Feet 2. Square Feet 3. Square Feet 4. Square Feet 5. Square Feet 6. Square Feet 7. Square Feet 8. Square Feet 9. Square Feet 10. Square Feet To estimate the square footage of insulation wrapped around pipes use the formula to calculate the lateral area of a cylinder 2Πrh. Where r is the pipe radius and h is the pipe length. Duplicate page if additional space is needed.
6 Part 3 Thermal Insulation Applications Table Column 1. Report all PCBs concentrations for each homogenous area of thermal insulation (see Attachment C, Section 3.2.2). Use sample designators/descriptions from laboratory report. Column 2. Complete for each concentration ≥ 50 mg/kg Thermal Insulation Application Sample Description Concentration (mg/kg) Estimate Amount of Material Units Example: Thermal Insulation Sample 1 20 Square Feet 1. Square Feet 2. Square Feet 3. Square Feet 4. Square Feet 5. Square Feet 6. Square Feet 7. Linear Feet 8. Square Feet 9. Square Feet 10. Square Feet To estimate the square footage of insulation wrapped around pipes use the formula to calculate the lateral area of a cylinder 2Πrh. Where r is the pipe radius and h is the pipe length. Duplicate page if additional space is needed.
7 Part 3 Adhesive Mastic Applications Table Column 1. Report PCBs concentrations for each homogenous area of mastic (see Attachment C, Section 3.2.2. Use sample designators/descriptions from laboratory report.) Column 2. Complete for each concentration ≥ 50 mg/kg Adhesive Mastic Application Sample Description Concentration (mg/kg) Estimate Amount of Material Units Example: Adhesive Mastic Sample 1 87.4 800 Square Feet 1. Square Feet 2. Square Feet 3. Square Feet 4. Square Feet 5. Square Feet 6. Square Feet 7. Linear Feet 8. Square Feet 9. Square Feet 10. Square Feet Duplicate page if additional space is needed.
8 Part 3 Rubber Window Gasket Applications Table Column 1. Report PCBs concentrations for each gasket (see Attachment C, Section 3.2.2). Use sample designators/descriptions from laboratory report. Column 2. Complete for each concentration ≥ 50 mg/kg Rubber Window Gasket Application Sample Description Concentration (mg/kg) Estimate Amount of Material Units Example: Window Gasket Sample 1 70 75 Linear Feet 1. Linear Feet 2. Linear Feet 3. Linear Feet 4. Linear Feet 5. Linear Feet 6. Linear Feet 7. Linear Feet 8. Linear Feet 9. Linear Feet 10. Linear Feet Duplicate page if additional space is needed.
9 Part 3 Other Materials Table Column 1. Optional: Use this form to report PCBs concentration data from materials other than priority building materials. Report PCBs concentrations for each material and homogeneous area. Use sample designators/descriptions from laboratory report. Column 2. Complete for each concentration ≥ 50 mg/kg Material Sample Description Concentration (mg/kg) Estimate Amount of Material Units Example: Wall paint Sample 1 228 1500 Square Feet 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. Duplicate page if additional space is needed.
C-1
Attachment C
Protocol for Evaluating Priority PCBs-Containing
Materials before Building Demolition
Managing PCBs−Containing Building Materials
during Demolition:
Guidance, Tools, Outreach and Training
Protocol for Evaluating Priority
PCBs-Containing Materials before
Building Demolition
August 2018
This document is a deliverable of the Bay Area Stormwater Management Agencies Association
(BASMAA) project Managing PCBs−Containing Building Materials during Demolition: Guidance, Tools,
Outreach and Training. BASMAA developed guidance, tools, and outreach and training materials to assist
with San Francisco Bay Area municipal agencies’ efforts to address the requirements of Provision C.12.f.
of the Bay Area Municipal Regional Stormwater Permit (referred to as the MRP). Provision C.12.f of the
MRP requires Permittees to manage PCBs–containing building materials during demolition.
We gratefully acknowledge the BASMAA Steering Committee for this project, which provided overall
project oversight, including during the development of this and other project deliverables:
• Reid Bogert, Stormwater Program Specialist, San Mateo Countywide Water Pollution Prevention
Program (BASMAA Project Manager)
• Amanda Booth, Environmental Program Analyst, City of San Pablo
• Kevin Cullen, Program Manager, Fairfield-Suisun Urban Runoff Management Program
• Matt Fabry, Program Manager, San Mateo Countywide Water Pollution Prevention Program
• Gary Faria, Supervisor, Inspection Services, Building Inspection Division, Contra Costa County
• Napp Fukuda, Deputy Director - Watershed Protection Division, City of San José
• Ryan Pursley, Chief Building Official, Building Division, City of Concord
• Pam Boyle Rodriguez, Manager, Environmental Control Programs – Stormwater, City of Palo Alto
• Jim Scanlin, Program Manager, Alameda Countywide Clean Water Program
• Melody Tovar, Regulatory Programs Division Manager, City of Sunnyvale
We also gratefully acknowledge the project Technical Advisory Group, which provided feedback from a
variety of project stakeholders during development of selected project deliverables:
Stakeholder Group Representative(s)
Regulatory – stormwater/PCBs Luisa Valiela and Carmen Santos, U.S. EPA Region 9
Regulatory – stormwater/TMDL Jan O’Hara, San Francisco Bay Regional Water Quality
Control Board
Regulatory – experience with related
program (asbestos management)
Ron Carey and Richard Lew, Bay Area Air Quality
Management District
Industry – demolition contractors Avery Brown, Ferma Corporation
Industry – remediation consultants John Martinelli, Forensic Analytical Consulting
John Trenev, Bayview Environmental Services, Inc.
MRP Permittee – large municipality Patrick Hayes, City of Oakland
MRP Permittee – medium municipality Kim Springer, San Mateo County Office of Sustainability
MRP Permittee – small municipality Amanda Booth, City of San Pablo
Prepared for:
BASMAA
P.O. Box 2385
Menlo Park, CA 94026
Prepared by:
EOA, Inc.
Larry Walker Associates
Geosyntec Consultants
Stephanie Hughes
David J. Powers & Associates, Inc.
iii
TABLE OF CONTENTS
DISCLAIMER ........................................................................................... iv
1. INTRODUCTION ................................................................................................ 1
2. CURRENTLY ESTABLISHED BUILDING MATERIAL EVALUATION
PROTOCOLS ....................................................................................................... 3
2.1 Asbestos Containing Material Evaluation Procedures................................. 3
2.1.1 Asbestos-Containing Materials in Schools Rule ............................. 3
2.2 Lead-Based Paint (LBP) Evaluation Procedures ......................................... 7
2.2.1 LBP Sampling Procedures: Test Kits .............................................. 7
2.2.2 LBP Sampling Procedures: XRF Devices ....................................... 8
2.2.3 LBP Sampling Procedures: Laboratory Testing of Paint Chips .... 10
3. PCBS BUILDING MATERIAL EVALUATION PROTOCOL ........................ 13
3.1 Priority Building Materials to be Tested.................................................... 13
3.2 PCBs Sampling Procedures ....................................................................... 15
3.2.1 Sampling Equipment...................................................................... 16
3.2.2 Sample Collection Frequency ........................................................ 16
3.2.3 Sample Analysis and Preservation ................................................. 18
3.2.4 Quality Assurance and Quality Control ......................................... 19
3.3 Reporting and Notifications ....................................................................... 19
4. REFERENCES ................................................................................................... 21
LIST OF APPENDICES
Appendix A: PCBs Building Material Prioritization Worksheet
Appendix B: Priority Building Materials Photographic Log
iv
DISCLAIMER
Information contained in BASMAA products is to be considered general guidance and is not to be
construed as specific recommendations for specific cases. BASMAA is not responsible for the
use of any such information for a specific case or for any damages, costs, liabilities or claims
resulting from such use. Users of BASMAA products assume all liability directly or indirectly
arising from use of the products.
The material presented in this document is intended solely for the implementation of a municipal
regulatory program required by the San Francisco Bay Area Regional Water Quality Control
Board Municipal Regional Stormwater Permit for the protection of water quality under the Clean
Water Act.
BASMAA prepared the tools and guidance herein to assist MRP Permittees’ efforts to address
the requirements of Provision C.12.f. of the MRP. The project team received input from a variety
of stakeholders during development of the tools and guidance, including regulators (San
Francisco Bay Regional Water Quality Control Board, U.S. EPA, and Bay Area Air Quality
Management District staff), Bay Area municipal agency staff, and industry representatives.
This document does not address other environmental programs or regulations (e.g., PCBs
regulations under the Toxic Substances Control Act (TSCA); federal, state, or local regulations
for hazardous material handling and hazardous waste disposal; health and safety practices to
mitigate human exposure to PCBs or other hazardous materials; recycling mandates; and
abatement at sites with PCBs (or other contaminants). The applicant is responsible for knowing
and complying with all relevant laws and regulations.
The mention of commercial products, their source, or their use in connection with information in
BASMAA products is not to be construed as an actual or implied approval, endorsement,
recommendation, or warranty of such product or its use in connection with the information
provided by BASMAA.
This disclaimer is applicable to all BASMAA products, whether information from the BASMAA
products is obtained in hard copy form, electronically, or downloaded from the Internet
Protocol for Evaluating Priority PCBs-Containing Materials before Building Demolition
1
1.INTRODUCTION
The San Francisco Bay Region Municipal Regional Stormwater NPDES permit, referred to as the
Municipal Regional Permit (MRP)1, includes provisions that implement stormwater-related
aspects of the Total Maximum Daily Load (TMDL) for polychlorinated biphenyls (PCBs) in the
Bay. Provision C.12.f. requires that Permittees develop and implement or cause to be developed
and implemented an effective protocol for managing materials with PCBs concentrations of 50
milligrams per kilogram (mg/kg) (equivalent to parts-per-million, or ppm), the target management
level, or greater in applicable structures at the time such structures undergo demolition 2, so that
PCBs do not enter municipal storm drain systems. Applicable structures include, at a minimum,
non-residential structures constructed or remodeled between the years 1950 and 1980 with
building materials such as caulking and thermal insulation with PCBs concentrations of 50 ppm
or greater. Single-family residential and wood frame structures are exempt. Also, a Permittee is
exempt from this requirement if it provided evidence acceptable to the Executive Officer in its
2016/17 Annual Report that the only structures that existed pre-1980 within its jurisdiction were
single-family residential and/or wood-frame structures.3
Permittees are required to develop a protocol by June 30, 2019 that includes each of the following
components, at a minimum:
1.The necessary authority to ensure that PCBs do not enter municipal storm drains from
PCBs-containing materials in applicable structures at the time such structures undergo
demolition;
2.A method for identifying applicable structures prior to their demolition; and
3.Method(s) for ensuring PCBs are not discharged to the municipal storm drain from
demolition of applicable structures.
By July 1, 2019 and thereafter, Permittees are required to:
•Implement or cause to be implemented the PCBs management protocol for ensuring PCBs
are not discharged to municipal storm drains from demolition of applicable structures via
vehicle track-out, airborne releases, soil erosion, or stormwater runoff.
•Develop an evaluation methodology and data collection program to quantify in a
technically sound manner PCBs loads reduced through implementation of the protocol for
controlling PCBs during demolition of applicable structures.
1 The Municipal Regional Stormwater Permit, Order No. R2-2015-0049, was adopted November 19, 2015.
2 Demolition means the wrecking or taking out of any load-supporting structural member of a facility together with
any related handling operations (40 CFR., Part 61, Subpart M).
3 The City of Clayton provided evidence to support an exemption from the requirement.
Protocol for Evaluating Priority PCBs-Containing Materials before Building Demolition
2
On behalf of MRP Permittees, the Bay Area Stormwater Management Agencies Association
(BASMAA) is conducting a regional project to assist MRP Permittees to achieve compliance with
Provision C.12.f. The regional project is developing guidance materials, tools, protocols and
training materials and conducting outreach. The goal is to assist Permittees to develop local
programs to prevent PCBs from being discharged to municipal storm drains due to demolition of
applicable buildings. Local agencies will need to tailor the BASMAA products for local use and
train local staff to implement the new program.
This document is the deliverable for Task 3 of the regional project, which is to develop a protocol
for the assessment of prioritized PCBs-containing building materials prior to demolition. The full
scope of work for the regional project is presented in the Project team’s Proposal for Tools,
Protocol, Outreach & Training Work Plan: PCBs Materials Management during Building
Demolition Project (dated January 31, 2017; revised March 2017). If materials are found or known
to contain PCBs, those materials must be managed appropriately and according to all applicable
local, state, and federal requirements. Management of PCBs-containing materials is beyond the
scope of this document.
To establishing the PCBs protocol, current established protocols were evaluated that are widely
accepted in the building demolition industry for other Federal- and State-regulated constituents of
concern. This document provides applicable examples of sampling and evaluation procedures for
building materials potentially contaminated with asbestos-containing material (ACM)4 and lead-
based paint (LBP)5, which are summarized and referenced to provide the foundation for the PCBs
protocol. These components include guidance on sampling frequencies, laboratory sample
analysis, quality assurance and quality control procedures, and reporting.
4 Asbestos-containing material (ACM) means any material or product which contains more than one percent asbestos.
5 Lead-based paint (LBP) is any paint, varnish, shellac, or other coating that contains lead equal to or greater than 1.0 mg/cm2 as
measured by XRF device or laboratory analysis, or 0.5 percent by weight (5,000 ppm or 5,000 mg/kg) as measured by laboratory
analysis.
Protocol for Evaluating Priority PCBs-Containing Materials before Building Demolition
3
2. CURRENTLY ESTABLISHED BUILDING MATERIAL EVALUATION
PROTOCOLS
This section presents evaluation protocols for ACM and LBP, which provide a foundation for the
PCBs protocol summarized in Section 3. This section includes guidance on sampling frequencies,
laboratory sample analysis, quality assurance and quality control procedures derived from
regulatory procedures for ACM and LBP.
2.1 Asbestos Containing Material Evaluation Procedures
Asbestos bulk sampling procedures are specified in several Federal regulations, implemented
primarily by the United States Environmental Protection Agency (EPA) as well as the
Occupational Safety and Health Administration (OSHA). The Consumer Product Safety
Commission (CPSC) and the Mine Safety and Health Administration (MSHA) specify additional
regulations and procedures, but these are generally less applicable to evaluation procedures.
The foundational regulations pertaining to asbestos sampling in buildings are the Asbestos Hazard
Emergency Response Act (AHERA; Toxic Substances Control Act [TSCA] Title II) (15 U.S.C. §
2641-2656) as well as the Asbestos School Hazard Abatement Reauthorization Act (ASHARA).
EPA promulgated regulations under AHERA to require inspection of schools for asbestos-
containing building materials, and to perform resultant corrective actions. Furthermore, AHERA
tasked the EPA with developing a plan for accreditation of asbestos inspectors. ASHARA
extended funding for asbestos programs at schools and expanded accreditation requirements to
cover asbestos abatement at commercial buildings other than schools.
Pursuant to AHERA, the Asbestos-Containing Materials in Schools rule (40 CFR Part 763, Subpart
E) details specific requirements for building material inspections at schools, preparation of
asbestos management plans, and implementation of response actions. EPA regulation on asbestos
related to structure demolition is specified in subpart M of the National Emission Standards for
Hazardous Air Pollutants (NESHAP) regulations (40 CFR Part 61, Subpart M).
The following sections summarize the evaluation procedures specified in the Asbestos-Containing
Materials in Schools rule as well as the Asbestos NESHAP regulations. Both OSHA and EPA
worker protection requirements are also discussed.
2.1.1 Asbestos-Containing Materials in Schools Rule
The following sections summarize the inspection, re-inspection, sampling, analysis, and evaluation
procedures specified in the Asbestos-Containing Materials in Schools rule (40 CFR Part 763,
Subpart E).
Protocol for Evaluating Priority PCBs-Containing Materials before Building Demolition
4
Evaluation
For each inspection and re-inspection of asbestos-containing building material (ACBM)6, the local
education agency shall have an accredited inspector provide a written evaluation of all friable
known or assumed ACBM. The evaluation shall consider the following:
•Location and amount of material, both in total quantity and as a percentage of the functional
space;
•Condition of the material, specifying:
o Type of damage or significant damage (e.g., flaking, blistering, water damage, or other
signs of physical damage);
o Severity of damage (e.g., major flaking, severely torn protective jackets, as opposed to
occasional flaking, minor tears to jackets);
o Extent or spread of damage over large areas or large percentages of the homogeneous7
area;
•Whether the material is accessible;
•The material’s potential for disturbance;
•Known or suspected causes of damage or significant damage (e.g., air erosion, vandalism,
vibration, water); and
•Preventive measures that could potentially eliminate the reasonable likelihood of
undamaged ACBM from becoming significantly damaged.
The inspector shall classify and give reasons in the written evaluation for classifying the ACBM
and suspected ACBM assumed to be ACM into one of the following categories:
1.Damaged or significantly damaged thermal system insulation ACM;
2.Damaged friable surfacing ACM;
3.Significantly damaged friable surfacing ACM;
4.Damaged or significantly damaged friable miscellaneous ACM;
5.ACBM with potential for damage;
6.ACBM with potential for significant damage; and
7.Any remaining friable ACBM or friable suspected ACBM.
6 Asbestos-containing building material (ACBM) means surfacing ACM, thermal system insulation ACM, or miscellaneous ACM that is
found in or on interior structural members or other parts of a building.
7 Homogenous refers to a substance or area that is uniform in texture, color, and general physical appearance and properties.
Protocol for Evaluating Priority PCBs-Containing Materials before Building Demolition
5
Inspection and Re-inspection
Inspect any building that is to be used as a school, prior to such use, by an accredited inspector. In
emergency situations, inspect the building within 30 days of commencement of such use.
For each area of the building, complete the following inspection procedure:
• Visually inspect the area to identify suspected ACBM;
• Touch suspected ACBM to determine friability (Friable material is material that may be
crumbled or pulverized by hand pressure alone. Note that thermal system insulation that
has retained its structural integrity and that has an undamaged protective jacket or wrap
that prevents fiber release shall be treated as non-friable.);
• Categorize all areas into homogenous areas of friable suspected ACBM and non-friable
suspected ACBM;
• Assume that some or all the homogeneous areas are ACBM, and for each homogeneous
area that is not assumed to be ACBM, collect and submit samples for bulk analysis. Do not
sample areas that an accredited inspector assumes to contain ACBM. For uncertain areas,
collect and bulk samples and submit for analysis (see Sampling below);
• Assess friable material in areas where samples are collected, in areas wh ere samples are
not collected but ACBM is assumed to be present, and in areas identified in previous
inspections;
• Record the following information and submit a copy for inclusion in an asbestos
management plan, within 30 days of the inspection:
o An inspection report including the signature, state of accreditation, and
accreditation number of each inspector, as well as the date of the inspection;
o A comprehensive inspection inventory, including the date and locations of samples,
locations of areas assumed to contain friable ACBM, and locations of areas
assumed to contain non-friable ACBM;
o A description of the manner used to determine sampling locations;
o A list of all categorized and identified homogenous areas into surfacing material,
thermal system insulation, or miscellaneous material; and
o Evaluations made of friable material.
Repeat this process as a re-inspection at least once every 3 years after a management plan is in
effect. Reassess the condition of friable known or assumed ACBM previously identified. Identify
any homogenous areas with material that has become friable since the last inspection or re-
inspection and collect and submit samples of the material.
Protocol for Evaluating Priority PCBs-Containing Materials before Building Demolition
6
Sampling
Collect samples in a statistically random manner that is representative of each homogeneous area.
•For surfacing material, the number of samples to be collected is as follows:
o Collect at least three samples from each homogenous area less than 1,000 square
feet;
o Collect at least five samples from each homogenous area between 1,000 and 5,000
square feet; and
o Collect at least seven samples from each homogenous area greater than 5,000
square feet.
•For thermal system insulation:
o Collect at least one bulk sample from each homogeneous area that is not assumed
to be ACM;
o Collect at least one bulk sample from each homogeneous area of patched insulation
that is not assumed to be ACM, if the patched section is less than six linear or square
feet;
o Where cement or plaster is used on fittings such as tees, elbows or valves, collect
samples to determine if material is ACM or not;
o If the accredited inspector determines that the thermal system insulation is
fiberglass, foam glass, rubber, or other non-ACBM, samples are not required to be
collected;
•For miscellaneous material, collect bulk samples from each homogeneous area of friable
material that is not assumed to be ACM.
Analysis
Samples should be analyzed by laboratories accredited by the National Bureau of Standards
(NBS). The laboratories must have received interim accreditation for polarized light microscopy
(PLM) analysis under the EPA Interim Asbestos Bulk Sample Analysis Quality Assurance
Program until the NBS PLM laboratory accreditation program for PLM is operational.
Samples should be analyzed for asbestos content by PLM using the “Interim Method for the Bulk
Determination of Asbestos in Bulk Insulation Samples”, found at Appendix E to Subpart E of 40
CFR Part 763. Samples should not be composited.
A homogenous area is considered not to contain ACM only if the results of all samples fro m that
area show asbestos in concentrations of 1 percent or less. An area is considered to contain ACM
if at least one sample from the area shows asbestos in concentrations greater than 1 percent.
Protocol for Evaluating Priority PCBs-Containing Materials before Building Demolition
7
Submit the name and address of each laboratory performing the analysis, the date of the analysis,
and the person performing the analysis for inclusion into the management plan within 30 days of
the analysis.
2.2 Lead-Based Paint (LBP) Evaluation Procedures
Lead-Based Paint (LBP) evaluation procedures are codified in various federal and state
regulations.
Title IV of the Toxic Substances Control Act (TSCA) as well as other authorities in the Residential
Lead-Based Paint Hazard Reduction Act of 1992 directs the EPA to regulate lead-based paint
hazards. The primary Federal regulations and guidelines related to LBP evaluation procedures
include:
•The Lead Renovation, Repair and Painting Program (RRP) Rule (40 CFR 745, Subpart E);
•The National Lead Laboratory Accreditation Program (TSCA Section 405(b)); and
•The Housing and Urban Development (HUD) Guidelines for the Evaluation and Control
of Lead-Based Paint Hazards in Housing (2012 Edition) (pursuant to Section 1017 of the
Residential Lead-Based Paint Hazard Reduction Act of 1992, A.K.A. “Title X”)
Furthermore, the California Department of Public Health (CDPH) Title 17, California Code of
Regulations, Division 1, Chapter 8 “Accreditation, Certification, and Work Practices for Lead -
Based Paint and Lead Hazards,” specifies some LBP evaluation procedures as part of the
accreditation program.
The HUD Guidelines provide the most comprehensive procedures for LBP evaluations and are
referenced by many other regulations.
There are three primary methods of performing LBP evaluation: test kits, X-ray Fluorescence
(XRF) devices, and laboratory testing of paint chips. Sampling procedures for each method are
detailed in the following sections.
Under CDPH Title 17, certified Lead Inspector/Assessors are required to use XRF devices or
laboratory analysis, and not test kits.
2.2.1 LBP Sampling Procedures: Test Kits
In 2008, the EPA published the RRP rule, which, among other things, established criteria for lead
test kits for use in LBP evaluation. Lead test kits recognized by EPA before September 1, 2010,
must meet only the negative response criterion outlined in 40 CFR 745.88(c)(1):
Protocol for Evaluating Priority PCBs-Containing Materials before Building Demolition
8
For paint containing lead at or above the regulated level, 1.0 mg/cm2 or 0.5% by weight,
a demonstrated probability (with 95% confidence) of a negative response less than or equal
to 5% of the time must be met.
Lead test kits recognized after September 1, 2010, must meet both the negative response and
positive response criteria outlined in 40 CFR 745.88(c)(1) and (2). The positive-response criterion
states:
For paint containing lead below the regulated level, 1.0 mg/cm2 or 0.5% by weight, a
demonstrated probability (with 95% confidence) of a positive response less than or equal
to 10% of the time must be met.
To date, no lead test kit has met both criteria8. However, three lead test kits recognized before
September 1, 2010, exist and are recognized by EPA:
• 3M™ LeadCheck™, manufactured by the 3M Company, for use on wood, ferrous metal,
drywall, and plaster surfaces;
• D-Lead®, manufactured by ESCA Tech, Inc., for use on wood, ferrous metal, drywall, and
plaster surfaces; and
• The Commonwealth of Massachusetts lead test kit, for use only on drywall and plaster
surfaces.
Test kits cannot determine the concentration of lead, only presence or absence at best. For this
reason, test kits are best used by homeowners or other non-professionals as a preliminary
evaluation before using an XRF device or laboratory analysis of paint chips.
There are currently no detailed sampling procedures for test kits that would be applicable to PCBs
evaluation. However, test kit technology may be a useful paradigm for PCBs evaluation if a kit
can be developed to test PCBs at an acceptable concentration that uses a repeatable methodology
to meet the data quality objectives.
2.2.2 LBP Sampling Procedures: XRF Devices
The following sections summarize LBP evaluation procedures for XRF devices, including
description of sampling equipment, collection techniques and frequency, sample analysis, and
quality assurance.
8 US EPA, Lead Test Kits, https://www.epa.gov/lead/lead-test-kits, accessed September 19, 2017.
Protocol for Evaluating Priority PCBs-Containing Materials before Building Demolition
9
LBP Analyzers
According to the HUD Guidelines, portable XRF devices are the most common primary analytical
method for inspections in housing because of their versatility in analyzing a wide variety of surface
types, non-destructive measurement, high speed, and low cost per sample. Each XRF device must
have a HUD-issued XRF Performance Characteristic Sheet (PCS), which contains information
about XRF readings taken on specific surface types, calibration check tolerances, and
interpretation of XRF readings.
Collection Techniques and Frequency
HUD Guidelines provide separate sampling techniques for single- and multi-family housing.
However, the general approach to sampling is the following seven-step procedure:
•List all testing combinations of building components and substrates (e.g., wood doors,
metal doors, plaster walls, concrete walls);
•Select testing combinations. A numbering system, floor plan, sketch or other system may
be used to document which testing combinations were tested;
•Perform XRF testing, including calibration;
•Collect and analyze paint-chip samples as needed;
•Classify XRF and paint-chip results;
•Evaluate the work and results to ensure the quality of the inspection; and
•Document the findings in a summary and in a complete technical report.
Because of the large surfaces and quantities of paint involved, and the potential for spatial
variation, HUD Guidelines recommend taking at least four readings per room, with special
attention paid to surfaces that clearly have different painting history. The selection of test locations
should be representative of locations most likely to be coated with old paint or other lead -based
coatings, such as areas with thick paint; areas with worn or scraped off paint should be avoided.
For large buildings with many similar units, HUD Guidelines recommend testing a designated
sample of units to provide 95% confidence that most units are below the lead standard. The sample
size should be carefully chosen using statistical techniques (see HUD Guidelines, Table 7.3).
Sample Analysis
Portable XRF devices expose a surface to X-ray or gamma radiation and measure the emission of
characteristic X-rays from each element in the analyzed surface. The XRF reading is compared
with a range specified in the PCS for the specific XRF device being used and the specific substrate
beneath the painted surface.
Protocol for Evaluating Priority PCBs-Containing Materials before Building Demolition
10
When discrepancies exist between the PCS, HUD Guidelines, and the XRF device’s
manufacturer’s instructions, the most stringent guideline should be followed.
Quality Assurance
HUD Guidelines provide several techniques for evaluation of inspection quality.
A knowledgeable observer independent of the inspection firm should be present for as much XRF
testing as possible, especially if they have knowledge of LBP evaluation and/or the paint history
of the facility.
The client should ask the inspector to provide copies of the results as soon as possible, or daily,
allowing for immediate review.
Data from HUD’s private housing lead-based paint hazard control program show that it is possible
to successfully retest painted surfaces without knowing the exact spot which was tested. Therefore,
the client may consider selecting 10 testing combinations for retesting at random from the already
compiled list of all testing combinations, using the XRF device used for the original measurements,
if possible. The average of the 10 repeat XRF results should not differ from the 10 original XRF
results by more than the retest tolerance limit. The procedure for calculating the retest tolerance
limit is specified in the PCS. If the limit is exceeded, the procedure should be repeated using 10
different testing combinations. If the retest tolerance limit is exceeded again, the original
inspection is considered deficient.
Currently XRF technology and methods are not applicable to PCBs building material evaluation,
as the precision is not adequate to provide a concentration that could be relied upon for this
program.
2.2.3 LBP Sampling Procedures: Laboratory Testing of Paint Chips
The following sections summarize LBP evaluation procedures for XRF devices, including the
description of sampling equipment, collection techniques and frequency, sample analysis, and
quality assurance.
Laboratory analysis of paint chip samples is only recommended by HUD for inaccessible areas or
building components with irregular (non-flat) surfaces that cannot be tested using XRF devices,
for confirmation of inconclusive XRF results, or for additional confirmation of conclusive XRF
results.
Unlike XRF analysis, paint chip collection techniques may be more directly applicable to potential
PCBs collection techniques.
Protocol for Evaluating Priority PCBs-Containing Materials before Building Demolition
11
Sampling Equipment
Common hand tools can be used to scrape paint chips from a surface; specialized equipment is not
necessary. However, HUD Guidelines recommend that samples should be collected in sealable
rigid containers rather than plastic bags, which generate static electricity and make laboratory
transfer difficult.
Collection Techniques
HUD Guidelines, which are consistent with ASTM E1729, Standard Practice for Field Collection
of Dried Paint Samples for Subsequent Lead Determination, recommend that only one paint chip
needs to be taken for each testing combination, although additional samples are recommended for
quality control.
The paint chip sample should be taken from a representative area that is at least 4 square inches in
size. The dimensions of the surface area must be accurately measured to the nearest 1/16 th of an
inch so that laboratory results can be reported in units of mg/cm2. Paint chip collection should
include collection of all the paint layers from the substrate, but collection of actual substrate should
be minimized. Any amount of substrate included in the sample may cause imprecise results.
Sample Analysis
A laboratory used for LBP analysis must be recognized under EPA’s National Lead Laboratory
Accreditation Program (NLLAP) for the analysis of lead paint; however, States or Tribes may
operate an EPA-authorized lead-based paint inspection certification program with different
requirements.
There are several standard laboratory techniques to quantify lead in paint chip samples, including
Atomic Absorption Spectroscopy, Inductively Coupled Plasma-Atomic Emission Spectroscopy
(ICP-AES), Anodic Stripping Voltammetry, and Potentiometric Stripping Analysis.
For analytical methods that require sample digestion, samples should be pulverized so there is
adequate surface area to dissolve the sample before laboratory instrument measurement. In some
cases, the amount of paint collected from a 4-square-inch area may exceed the amount of paint
that can be analyzed successfully. It is important that the actual sample mass analyzed not exceed
the maximum mass the laboratory has successfully tested using the specified method. If
subsampling is required to meet analytical method specifications, the laboratory must homogenize
the paint chip sample (unless the entire sample will eventually be analyzed, and the results of the
subsamples combined). Without homogenization, subsampling would likely result in biased,
inaccurate lead results. If the sample is properly homogenized and substrate inclusion is negligible,
the result can be reported as a loading, in milligrams per square centimeter (mg/cm2), the preferred
unit, or as percent by weight, or both.
Protocol for Evaluating Priority PCBs-Containing Materials before Building Demolition
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Quality Assurance
Laboratory reference materials processed with the paint chip samples for quality assurance
purposes should have close to the same mass as those used for paint-chip samples (refer to ASTM
methods E1645, E1613, E2051, and E1775).
Reporting
The laboratory report for analysis of paint chip samples should include at a minimum, the
information outlined in the EPA National Lead Laboratory Accreditation Program Laboratory
Quality System Requirements, Revision 3.0, section 5.10.2, Test Reports9. In addition to those
minimum requirements, test reports containing the results of sampling must include specified
sampling information, if available.
9 National Lead Laboratory Accreditation Program: Laboratory Quality System Requirements
https://www.epa.gov/sites/production/files/documents/lqsr3.pdf, accessed September 20, 2017.
Protocol for Evaluating Priority PCBs-Containing Materials before Building Demolition
13
3.PCBS BUILDING MATERIAL EVALUATION PROTOCOL
This section presents the evaluation protocol for identifying building materials in structures
constructed or remodeled between the years 1950 and 198010 that may contain a significant mass
of PCBs. Once identified as containing PCBs at concentrations exceeding 50 ppm, these materials
should be properly managed prior to building demolition, to ensure PCBs are not discharged to the
municipal storm drain system.
This protocol is not intended to address all PCBs-containing materials that may disturbed during
building demolition. Additional sampling is likely to be required to comply with EPA and
Cal/OSHA regulations pertaining to the management, removal and disposal of PCBs-containing
materials.
For this program, it is assumed that organizations and staff qualified to sample, test, remediate,
and dispose of PCBs at the building site will coordinate processes for other hazardous building
materials at the building site, to ensure proper sampling, testing, remediation, and disposal or all
statutorily-required hazardous materials handling.
3.1 Priority Building Materials to be Tested
A prioritized list of PCBs-containing materials is provided in Appendix A. Building materials were
evaluated based upon the following criteria:
•Source Material – Does the building material contain PCBs through the original
product manufacturing process or was the building material contaminated (impregnated)
with PCBs from an adjacent building material that already contained PCBs? For the
evaluation, building materials originally manufactured with PCBs at or above 50 mg/kg
were prioritized.
•Concentration – Building materials were evaluated based on readily available existing
data regarding ranges of PCBs concentrations identified in the materials.
•Prevalence – A prevalence factor was assigned based upon best professional judgement
of the prevalence of occurrence of the PCBs-containing materials in buildings, which
ranged from highly prevalent to low prevalence.
•Ease of Removal – Building materials were evaluated based on their attachment to the
building, which ranged from “very easily removed” to “difficult to remove,” under the
assumption that higher ease of removal results in higher feasibility and lower costs for
removing a material before demolition.
10 Single-family residential and wood frame structures are exempt.
Protocol for Evaluating Priority PCBs-Containing Materials before Building Demolition
14
•Flaking/Crumbling – Building materials were evaluated based on their tendency to
flake or crumble during disturbance or demolition, which could lead to a higher
likelihood of entering stormwater as a result of building demolition.
•PCBs Removed by Other Waste Program – This factor addresses materials that are
removed from buildings because of other waste management programs (e.g., Universal
Waste Rule). Fluorescent light ballasts11, polyurethane foam furniture, and Askarel fluid
used in transformers, all of which may contain PCBs, are typically managed during pre-
demolition activities under current regulations and programs that require removal of
universal waste and outdated transformers. For this program it is assumed that those
materials will be evaluated and managed under those existing programs.
Material prioritization was conducted by assigning a score on a scale of 1 to 5 (low to high) for
each criterion. The final score for each material type was calculated as the average of the scores
assigned to the six criteria. The materials given the highest scores through the prioritization
analysis are shown below, along with their typical locations in a building. For this evaluation,
thermal insulation and fiberglass insulation were grouped together as they tend to be co-located
and are typically managed together. The materials listed below (along with typical locations where
they are found) are the materials that should be sampled using the protocols described in Section
3.2.
1.Caulks and Sealants:
a.Around windows or window frames;
b.Around door frames; and
c.Expansion joints between concrete sections (e.g., floor segments).
2.Thermal/Fiberglass Insulation and Other Insulating Materials:
a.Around HVAC systems,
b.Around heaters,
c.Around boilers,
d.Around heated transfer piping, and
e.Inside walls or crawls spaces.
3.Adhesive/Mastic:
a.Below carpet and floor tiles;
11 Fluorescent light ballasts that contain PCBs are not required to be managed under the Universal Waste Rule Program
but are recommended by the EPA to be identified in a pre -demolition survey of a structure and to be managed with
the removal of other required wastes in the abatement process.
Protocol for Evaluating Priority PCBs-Containing Materials before Building Demolition
15
b. On, under, or between roofing materials and flashing.
4. Rubber Window Seals/Gaskets:
a. Around windows or window frames.
Examples of the prioritized PCBs-containing building materials and what they may look like in a
building planned for demolition are provided in Appendix B.
3.2 PCBs Sampling Procedures
Many building materials may contain PCBs. The building owner is responsible for identifying and
handling all hazardous materials in accordance with all applicable laws, including all materials
with 50 ppm or more PCBs. For purposes of obtaining a demolition permit, the City requires a
building owner to sample the limited number of materials shown below:
1. Caulks and Sealants:
a. Around windows or window frames;
b. Around door frames; and
c. Expansion joints between concrete sections (e.g., floor segments).
2. Thermal/Fiberglass Insulation and Other Insulating Materials:
a. Around HVAC systems,
b. Around heaters,
c. Around boilers,
d. Around heated transfer piping, and
e. Inside walls or crawls spaces.
3. Adhesive/Mastic:
a. Below carpet and floor tiles;
b. On, under, or between roofing materials and flashing.
4. Rubber Window Seals/Gaskets:
a. Around windows or window frames.
It should be noted that some materials that are being evaluated for PCBs in this protocol may also
be associated with asbestos, lead, or other hazardous substances. Since this protocol follows pre-
established asbestos management program guidelines and procedures, the sampling frequency,
types of building materials, and surveying techniques overlap with the PCBs survey protocol. If a
Protocol for Evaluating Priority PCBs-Containing Materials before Building Demolition
16
material has been determined to contain asbestos, lead or other hazardous substances and will be
abated under an associated waste program, that material need not be sampled for PCBs under this
program.
3.2.1 Sampling Equipment
Building materials that are planned to be collected for laboratory analysis should be placed in
laboratory-supplied glass jars with Teflon-sealed lids. Samples should be collected with either
factory-sealed or decontaminated equipment that will be used to remove a representative building
material sample (i.e., scissors, tweezers, pliers, spoons, or putty knife).
For sampling equipment (i.e., scissors, tweezers, pliers, spoons, putty knife, etc.) that will be
decontaminated, the following three bucket wash procedure should be performed, which is in
general accordance with standard decontamination procedures defined in SESDPROC-205-R3
(EPA, 2015):
• In the first bucket, mix a residue free cleaning detergent (e.g., Alconox®), with distilled
water to generate the recommended detergent concentration specified in the product
directions;
• Fill the second bucket with distilled water;
• Fill the third bucket with distilled water;
• Clean the equipment in the first bucket with the cleaning detergent, then rinse in the second
and then the third bucket. If the second bucket becomes slightly discolored during the rinse,
change the contents of the second bucket with distilled water. Change the third bucket, if
any dirt or material is observed in the water, since the third bucket needs to stay clean as it
is the final rinse; and
• At the end of cleaning, let the equipment air dry in a clean area before use in sample
collection. The rinse water should then be drummed and sampled for disposal. The planned
disposal facility should be contacted to determine the required sample analysis for the rinse
water characterization and profiling and that the disposal procedures comply with state and
federal regulations.
If disposable sampling tools are used, the above decontamination procedures do not apply.
3.2.2 Sample Collection Frequency
For the four prioritized building materials, the following collection techniques and frequency
should be followed.
Caulking
Three different types of caulking should be evaluated:
Protocol for Evaluating Priority PCBs-Containing Materials before Building Demolition
17
1.Window caulking;
2.Door frame caulking; and
3.Floor and expansion joint caulking.
For each type of caulking material identified, the following number of samples should be collected:
•Collect at least one sample from each homogenous area that contains less than 50 linear
feet of caulking;
•Collect at least three samples from each homogenous area that contains between 50 and
250 linear feet of caulking;
•Collect at least five samples from each homogenous area that contains between 250 and
1,000 linear feet of caulking;
•Collect at least seven samples from each homogenous area that contains between 1,000
and 2,500 linear feet of caulking; and
•Collect at least nine samples from each homogenous area that contains greater than 2,500
linear feet of caulking.
If homogenous caulking material is found throughout the building, samples should be spatially
distributed so as to not collect the required number of samples from one area. In addition, the
width or cross-sectional area of the caulking bead is not relevant for determining the linear footage
to be sampled. It is also recommended that the sampler performing the evaluation inspect the
entire building prior to sample collection to insure proper distribution is performed.
Thermal/Fiberglass Insulation
For thermal/fiberglass insulation:
•Collect at least one bulk sample from each homogeneous area.
Adhesive/Mastic
For each type of adhesive/mastic material identified, the following number of samples should be
collected:
•Collect at least three samples from each homogenous area less than 1,000 square feet;
•Collect at least five samples from each homogenous area between 1,000 and 5,000 square
feet; and
•Collect at least seven samples from each homogenous area greater than 5,000 square feet.
If homogenous adhesive/mastic material is found throughout the building, samples should be
spatially distributed so as to not collect the required number of samples from one area. It is
Protocol for Evaluating Priority PCBs-Containing Materials before Building Demolition
18
recommended that the sampler performing the evaluation inspect the entire building prior to
sample collection to insure proper distribution is performed.
Rubber Window Seals/Gaskets
For rubber window seals/gaskets identified, the following number of samples should be collected:
•Collect at least one sample from each homogenous area that contains less than 50 linear
feet of caulking (of any width or cross-sectional are of bead);
•Collect at least three samples from each homogenous area that contains between 50 and
250 linear feet of caulking;
•Collect at least five samples from each homogenous area that contains between 250 and
1,000 linear feet of caulking;
•Collect at least seven samples from each homogenous area that contains between 1,000
and 2,500 linear feet of caulking; and
•Collect at least nine samples from each homogenous area that contains greater than 2,500
linear feet of caulking.
If homogenous rubber window seals/gaskets are found throughout the building, samples should be
spatially distributed so as to not collect the required number of samples from one area. It is also
recommended that the sampler performing the evaluation inspect the entire building prior to
sample collection to insure proper distribution is performed.
3.2.3 Sample Analysis and Preservation
Samples collected to evaluate building materials for PCBs should be analyzed for Aroclors by
EPA Method 8082/8082A12 by an accredited analytical laboratory. The minimum reporting limit
should be 50 micrograms per kilogram (µg/kg) and the laboratory should be contacted before
sampling to confirm minimum material volume required to meet the reporting limit objectives. A
sample reporting limit of 50 µg/kg is well below the target management level of 50 mg/kg.
Samples should immediately be chilled in an ice cooler and then kept at 4 degrees Celsius (39.2
degrees Fahrenheit) or colder during storage and transportation to the laboratory. Proper chain-of-
custody13 procedures should be followed from the time the samples are collected until they are
delivered to the laboratory for analysis. Holding times for EPA Method 8082/8082A are sample
extraction within 14 days of sample collection and analysis of the extract within 40 days of
12 Provision C.12.f. requires that Permittees develop and implement or cause to be developed and implemented an
effective protocol for managing materials with PCBs concentrations of 50 ppm. EPA Method 8082/8082A is an
acceptable method to quantify PCBs. Analysis of PCBs congeners is not required to meet the permit requirement.
13 Chain-of-custody is the procedure to document, label, store, and transfer samples to personnel and laboratories. For
a detailed list of procedures, refer to the Sample and Evidence Management, Operating Procedure (SESDPROC-005-
R2), January 29, 2013
Protocol for Evaluating Priority PCBs-Containing Materials before Building Demolition
19
extraction. However, PCBs are very stable in a variety of matrices and holding times may be
extended to as long as one year. Once extracted, analysis of the extract should take place within
40 days.
3.2.4 Quality Assurance and Quality Control
For this program, general quality assurance and quality control (QA/QC) procedures will be
utilized. The following checklist should be used by the contractor performing the evaluation:
•QA/QC Checklist:
o Proper specified sampling equipment was used (pre-cleaned or other, stainless
steel);
o Proper decontamination procedures were followed;
o Sampling collection spatial frequency was met;
o A National Environmental Laboratory Accreditation Program (NELAP) laboratory
was utilized;
o Samples were received by the laboratory within proper temperature range;
o Samples were extracted and analyzed within the method holding time for EPA
Method 8082/8082A; and
o Sample reporting limit met data quality objectives.
3.3 Reporting and Notifications
The following considerations are applicable to reporting and notification:
•Assessment results must be submitted to the applicable Permitting Authority by the project
applicant;
•Applicants that determine PCBs exist in priority building materials must follow applicable
federal and state laws. This may include reporting to USEPA, the San Francisco Bay
Regional Water Quality Control Board, and the California Department of Toxic Substances
Control (DTSC). These agencies may require additional sampling and abatement of PCBs.
•Depending on the approach for sampling and removing building materials containing
PCBs, applicants may need to notify or seek advance approval from USEPA before
building demolition. Even in circumstances where advance notification to or approval from
USEPA is not required before the demolition activity, the disposal of PCBs waste is
regulated under TSCA.
•The disposal of PCBs waste is subject to California Code of Regulations (CCR) Title 22,
Section Division 4.5, Chapter 12, Standards Applicable to Hazardous Waste Generators.
Protocol for Evaluating Priority PCBs-Containing Materials before Building Demolition
20
•Building owners and employers need to consider worker and public safety during work
involving hazardous materials and wastes including PCBs.
For further information, applicants should refer to the PCBs in Priority Building Materials
Screening Assessment Applicant Package, BASMAA, July 2018.
Protocol for Evaluating Priority PCBs-Containing Materials before Building Demolition
21
4.REFERENCES
Guidelines for Asbestos Sampling:
o https://www.epa.gov/asbestos/asbestos-laws-and-regulations
Guidelines for Lead-Based Paint Evaluations:
o Environmental Protection Agency (EPA) - Created the Renovation, Repair, and Painting
(RRP) Rule which requires training and certification for anyone working for
compensation in pre-1978 residential structures, day care centers, and schools where
known or assumed lead-based paint is impacted. The EPA website with complete
information on this regulation is https://www.epa.gov/lead/renovation-repair-and-
painting-program.
o California Department of Public Health (CDPH) - Created "Title 17" which includes lead
testing and abatement provisions in residential and public structures in California.
Several important definitions are contained in Title 17 including Abatement, Clearance
Inspection, Containment, Lead-Based Paint.
o Lead Contaminated Dust and Soil, Lead Hazard, and Lead Hazard Evaluation. Title 17
establishes that lead testing be performed using XRF equipment or by paint chip sample
analysis in California. Lead test kits are not accepted. It also establishes testing in
California be performed by a State certified lead inspector/assessor if the testing is related
to a project involving compensation.
o Department of Housing and Urban Development (HUD) - Created the HUD Guidelines
which contain protocols for lead testing and abatement.
EPA Method 8082A – Polychlorinated Biphenyls (PCBs) by Gas Chromatography
o https://www.epa.gov/sites/production/files/2015-07/documents/8082a.pdf
SESDPROC-205-R3, Field Equipment Cleaning and Decontamination, replaces SESDPROC-
205-R2. December 18, 2015
o https://www.epa.gov/sites/production/files/2016-
01/documents/field_equipment_cleaning_and_decontamination205_af.r3.pdf
SESDPROC-005-R2, Sample and Evidence Management, Operating Procedure, January 29, 2013
o https://www.epa.gov/sites/production/files/2015-06/documents/Sample-and-Evidence-
Management.pdf
APPENDIX A
PCBs Building Material Prioritization
Worksheet
Appendix A - PCBs Building Materials PrioritizationCaulking (sealant, plaster)Caulk/sealant/tape/glue0.001 752,0005553554.67Thermal insulationInsulation73,0005554454.67Fiberglass insulationInsulation39,1585454454.50Adhesives/masticCaulk/sealant/tape/glue3,1005353554.33Rubber gasketsGaskets/Rubber84,0005533454.17Wool felt gaskets Gaskets/Rubber688,4985533454.17Cloth/paper insulating material Insulation12,0005434454.17Foam rubber insulation Insulation13,1005434454.17Ceiling tiles coated w/flame resistant sealant Internal nonstructural surface53 110,0005553254.17Backer rodCaulk/sealant/tape/glue99,0001553554.00Roofing/siding materialExternal nonstructural surface030,0005453254.00Paint (complete removal) Paint/pigment/coatings0.00197,0005551354.00Insulating materials in electric cable Electrical0 280,0005534153.83Adhesive tapeCaulk/sealant/tape/glue1,4005313553.67Surface coatingPaint/pigment/coatings2555351353.67Coal-tar enamel coatings Paint/pigment/coatings1,2645351353.67GroutCaulk/sealant/tape/glue9,1005412553.67Cove baseInternal nonstructural surface1705334253.67Plastics/plasticizersElectrical13,0005433153.50GE siliconesCaulk/sealant/tape/glue<1.901.85132553.50GlazingCaulk/sealant/tape/glueUp to 100% liquid PCBs515233353.50Flooring and floor wax/sealantInternal nonstructural surface Maximum likely >50 515233253.33Light ballastLight ballastsMinimum likely <50 49 1,200,0005535113.33Anti-fouling compounds Paint/pigment/coatings59,0005411353.17Polyurethane foam (furniture) Caulk/sealant/tape/glue505215513.17Askarel fluid/cutting oils/hydraulic fluidOils/dielectric fluids450,0005515213.17Fire retardant coatings Paint/pigment/coatings59,0005411353.17Waterproofing compounds Paint/pigment/coatings59,0005411353.17Electrical wiringElectrical145134153.17ConcreteConcrete/stone2.50.00117,0001431453.00Foam rubberGaskets/Rubber1,0921313452.83Soil/sediment/sandSoil/dust0.150.0015811312552.83Brick/mortar/cinder block Concrete/stone1,1001331452.83WoodWood3801333252.83Door frameInternal nonstructural surface1021234252.83Metals surfaces in contact with caulk/sealant Metal surfaces448514481312452.67MaterialMaterial ClassMedian/Average/Single Reported Concentration(ppm)Minimum(ppm)Maximum(ppm)PCBs Removed by Other Waste Program?(Rating values: not removed by other = 5, or removed = 1)Prioritization ScorePCBs Source Material?(Rating values: source = 5, or not source = 1)Concentration (Rating values: 1 to 5, higher value means higher concentration)Prevalence of PCBs Containing Material in Buildings(Rating values: high = 5, medium = 3, or low = 1)Ease of Removal (Rating values: 1 to 5, higher value means easier to remove)Flaking/ Crumbling(Rating values: 1 to 5, higher value means more likely to flake/crumble)August 2018
Appendix A - PCBs Building Materials PrioritizationMaterialMaterial ClassMedian/Average/Single Reported Concentration(ppm)Minimum(ppm)Maximum(ppm)PCBs Removed by Other Waste Program?(Rating values: not removed by other = 5, or removed = 1)Prioritization ScorePCBs Source Material?(Rating values: source = 5, or not source = 1)Concentration (Rating values: 1 to 5, higher value means higher concentration)Prevalence of PCBs Containing Material in Buildings(Rating values: high = 5, medium = 3, or low = 1)Ease of Removal (Rating values: 1 to 5, higher value means easier to remove)Flaking/ Crumbling(Rating values: 1 to 5, higher value means more likely to flake/crumble)AsphaltConcrete/stone1401212452.50CarpetInternal nonstructural surface0.469.71115252.50Stone (granite, limestone, marble, etc.)Concrete/stone1301211452.33Air handling systemAir system0.469.71113152.00August 2018
APPENDIX B
Priority Building Materials
Photographic Log
B-1 August 2018
Appendix B
Priority Building Materials to be Tested for PCBs
Photograph 1
Window Caulking:
Damaged caulking
around a window.
Photograph 2
Window Caulking:
Worn and
potentially friable
caulking around a
window.
B-2 August 2018
Appendix B
Priority Building Materials to be Tested for PCBs
Photograph 3
Door Frame Caulking:
Damaged, friable
caulking on an interior
door frame.
Photograph 4
Floor and Expansion
Joint Caulking:
Joint compound between
flooring segments.
B-3 August 2018
Appendix B
Priority Building Materials to be Tested for PCBs
Photograph 5
Thermal Insulation:
Foam insulation
material in an attic.
Photograph 6
Thermal Insulation:
Damaged floor foam
insulation.
B-4 August 2018
Appendix B
Priority Building Materials to be Tested for PCBs
Photograph 7
Thermal Insulation:
Damaged pipe foam
insulation.
Photograph 8
Thermal Insulation:
Exposed/damaged
pipe insulation.
B-5 August 2018
Appendix B
Priority Building Materials to be Tested for PCBs
Photograph 9
Thermal Insulation:
Damaged pipe
insulation.
Photograph 10
Thermal Insulation:
Exposed pipe
insulation.
B-6 August 2018
Appendix B
Priority Building Materials to be Tested for PCBs
Photograph 11
Adhesive / Mastic:
Friable adhesive on a
cement surface.
Photograph 12
Adhesive / Mastic:
Adhesive beneath a
carpet.
B-7 August 2018
Appendix B
Priority Building Materials to be Tested for PCBs
Photograph 13
Adhesive / Mastic:
Adhesive remnants on
flooring.
Photograph 14
Adhesive / Mastic:
Exposed adhesive on
roofing.
B-8 August 2018
Appendix B
Priority Building Materials to be Tested for PCBs
Photograph 15
Rubber Window
Seal/Gasket:
Grey rubber window
seal/gasket in a wood
type frame.
Photograph 16
Rubber Window
Seal/Gasket:
Off white rubber
window seal/gasket in
an aluminum type
frame.
Dublin PCB Demolition Ordinance 1
ORDINANCE NO. __ - 19
AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
**************
ADDING CHAPTER 7.29 (MANAGEMENT OF PCBS DURING BUILDING
DEMOLITION PROJECTS) TO TITLE 7 (PUBLIC WORKS) OF THE DUBLIN
MUNICIPAL CODE
WHEREAS, building demolition is a significant source of polychlorinated biphenyls
(“PCBs”) in urban stormwater; and
WHEREAS, stormwater is the largest identified source of PCBs flowing into the
San Francisco Bay; and
WHEREAS, the Municipal Regional Stormwater National Pollution Discharge
Elimination System permit (“NPDES permit”) requires permitees to manage PCB -
containing materials during building demolition; and
WHEREAS, Bay Area Stormwater Management Agencies Association
(BASMAA) developed a model ordinance (“Model Ordinance” or “Ordinance”) to assist
permitees in managing PCBs during building demolition and to effectuate a significant
PCB load reduction; and
WHEREAS, the Ordinance targets priority building materials that may contain
relatively high levels of PCBs, especially in buildings constructed between 1950 and
1980; and
WHEREAS, the priority building materials are caulking, thermal/fiberglass
insulation, adhesive/mastic, and rubber window gaskets; and
WHEREAS, adoption of the Ordinance is exempt from the California
Environmental Quality Act (CEQA) pursuant to the provisions of Section 15308 of CEQA
Guidelines which exempts actions taken by regulatory agencies, as authorized by state
or local ordinance, to assure the maintenance, restoration, enhancement, or protection of
the environment where the regulatory process involves procedures for protection of the
environment; and
WHEREAS, the City Council desires to adopt and implement the Ordinance in
order to reduce PCBs in stormwater runoff originating in the City.
NOW, THEREFORE, the City Council of the City of Dublin does hereby ordain as follows:
Dublin PCB Demolition Ordinance 2
Section 1. Amendments.
The City Council hereby makes the findings contained in this Ordinance and adds
Chapter 7.29 (Management of PCBs During Building Demolition Projects) to Title 7
(PUBLIC WORKS) to the Municipal Code to read as follows. Sections and subsections
that are not included in this Ordinance are unaffected by this Ordinance and shall remain
in full force and effect.
Chapter 7.29 Management of PCBs During Building Demolition Projects
Section 7.29.010. Purpose
Section 7.29.020. Definitions
Section 7.29.030. Applicability
Section 7.29.040. Exemptions
Section 7.29.050. PCBs in Priority Building Materials Screening Assessment
Section 7.29.060. Agency Notification, Abatement, and Disposal for Identified
PCBs
Section 7.29.070. Compliance with California and Federal PCBs Laws and
Regulations
Section 7.29.080. Information Submission and Applicant Certification
Section 7.29.090. Recordkeeping
Section 7.29.100. Obligation to Notify City of Dublin of Changes
Section 7.29.110. Liability
Section 7.29.120. Enforcement
Section 7.29.130. Fees
Section 7.29.140. City Sponsored Projects
Section 7.29.150. Effective Date
Section 7.29.010. Purpose
(a) The provisions of this Chapter shall be construed to accomplish the following
purposes:
1. Require building demolition permit applicants (Applicants) to conduct a PCBs
in Priority Building Materials Screening Assessment and submit information
Dublin PCB Demolition Ordinance 3
documenting the results of the screening. Such documentation to include: (1)
the results of a determination whether the building proposed for demolition is
high priority for PCBs-containing building materials based on the structure
age, use, and construction; (2) the concentration of PCBs in each Priority
Building Material present and; (3) for each Priority Building Material present
with a PCBs concentration equal to or greater than 50 ppm, the approximate
amount (linear feet or square feet) of that material in the building.
2. Inform Applicants with PCBs present in one or more of the Priority Building
Materials (based on the above screening assessment) that they must comply
with all related applicable federal and state laws. This may include reporting
to the U.S. Environmental Protection Agency (EPA), the San Francisco Bay
Regional Water Quality Control Board (Regional Water Board), and/or the
California Department of Toxic Substances Control (DTSC). Additional
sampling for and abatement of PCBs may be required.
3. Meet the requirements of the Federal Clean Water Act, the California Porter -
Cologne Water Quality Control Act, and the Municipal Regional Stormwater
Permit Order No. R2-2015-0049.
(b) The requirements of this ordinance do not replace or supplant the requirements of
California or Federal law, including but not limited to the Toxic Substances Control
Act, 40 Code of Federal Regulations (CFR) Part 761, and California Code of
Regulations (CCR) Title 22.
Section 7.29.020. Definitions
In addition to the general definitions applicable to this Code, whenever used in this
Chapter, the following terms shall have the meanings set forth below:
(a) “Applicable Structure” means buildings constructed or remodeled from January 1,
1950 to December 31, 1980. Remodeling, partial building, wood framed structure,
and single-family residence demolition projects are exempt.
(b) “Applicant” means a person applying for a building demolition permit as required by
Chapter 7.28.
(c) “Appropriate Authority” means the Building Official or designee of the City of Dublin.
(d) “Building” means a structure with a roof and walls standing more or less permanently
in one place. Buildings are intended for human habitation or occupancy.
(e) “Demolition” means the wrecking, razing, or tearing down of any structure. This
definition is intended to be consistent with the demolition activities undertaken by
contractors with a C-21 Building Moving/Demolition Contractor’s License.
(f) “DTSC” means the State of California Department of Toxic Substances Control.
Dublin PCB Demolition Ordinance 4
(g) “EPA” means the United States Environmental Protection Agency.
(h) “PCBs” means polychlorinated biphenyls.
(i) “PCBs in Priority Building Materials Screening Assessment” means the two-step
process used to: 1) determine whether the building proposed for demolition is high
priority for PCBs-containing building materials based on the structure age, use, and
construction; and if so, 2) determine the concentrations (if any) of PCBs in Priority
Building Materials revealed through existing information or representative sampling
and chemical analysis of the Priority Building Materials in the building. Directions for
this process are provided in the Priority Building Materials Screening Assessment
Applicant Package.
(j) “Priority Building Materials” means the following:
a. Caulking: e.g., around windows and doors, at structure/walkway interfaces,
and in expansion joints;
b. Thermal/Fiberglass Insulation: e.g., around HVAC systems, around heaters,
around boilers, around heated transfer piping, and inside walls or crawls
spaces;
c. Adhesive/Mastic: e.g., below carpet and floor tiles, under roofing materials,
and under flashing; and
d. Rubber Window Gaskets: e.g., used in lieu of caulking to seal around
windows in steel-framed buildings.
(k) “Priority Building Materials Screening Assessment Applicant Package” (Applicant
Package) means a document package that includes an overview of the screening
process, Applicant instructions, a process flow chart, a screening assessment form,
and the Protocol for Evaluating Priority PCBs-Containing Materials before Building
Demolition (BASMAA 2018, prepared for the Bay Area Stormwater Management
Agencies Association, August 2018).
(l) “Regional Water Board” means the California Regional Water Quality Control Board,
San Francisco Bay Region.
(m)“Remodel” means to make significant finish and/or structural changes that increase
utility and appeal through complete replacement and/or expansion. A removed area
reflects fundamental changes that include multiple alterations. These alterations may
include some or all of the following: replacement of a major component (cabinet(s),
bathtub, or bathroom tile); relocation of plumbing/gas fixtures/appliances; or
significant structural alterations (relocating walls, and/or the addition of square
footage).
Section 7.29.030. Applicability
Dublin PCB Demolition Ordinance 5
This Chapter applies to Applicants for buildings constructed or remodeled from January
1, 1950 to December 31, 1980.
Section 7.29.040. Exemptions
Applications for remodeling, partial building, wood framed structure, and single-family
residence demolition projects are exempt.
Section 7.29.050. PCBs in Priority Building Materials Screening Assessment
Every Applicant for a building demolition permit shall conduct a PCBs in Priority Building
Materials Screening Assessment, which is a two-step process used to:
1. Determine whether the building proposed for demolition is high priority for PCBs-
containing building materials based on the structure age, use, and construction
(i.e., whether the building is an Applicable Structure); and if so,
2. Demonstrate the presence or absence and concentration of PCBs in Priority
Building Materials through existing information or representative sampling and
chemical analysis of the Priority Building Materials in the building.
Applicants shall follow the directions provided in the PCBs in Priority Building Materials
Screening Assessment Applicant Package (Applicant Package), which includes an
overview of the process, Applicant instructions, a process flow chart, a screening
assessment form, and the Protocol for Assessing Priority PCBs-Containing Materials
before Building Demolition. Per the Applicant Package, for certain types of buildings
built within a specified date range, the Applicant must conduct further assessment to
determine whether or not PCBs are present at concentrations ≥ 50 parts-per million.
This determination is made via existing data on specific product formulations (if
available), or more likely, via conducting representative sampling of the priority building
materials and analyzing the samples for PCBs at a certified analytical laboratory. Any
representative sampling and analysis must be conducted in accordance with the
Protocol for Assessing Priority PCBs-Containing Materials before Building Demolition.
The Applicant Package provides additional details.
Section 7.29.060. Agency Notification, Abatement, and Disposal for Identified
PCBs
When the PCBs in Priority Building Materials Screening Assessment identifies one or
more Priority Building Materials with PCBs, the Applicant must comply with all related
applicable federal and state laws, including potential notification of the appropriate
regulatory agencies, including the EPA, the Regional Water Board, and/or the DTSC.
Agency contacts are provided in the Applicant Package. Additional sampling for and
abatement of PCBs may be required. Depending on the approach for sampling and
removing building materials containing PCBs, the Applicant may need to notify or seek
advance approval from the EPA before building demolition. Even in circumstances
Dublin PCB Demolition Ordinance 6
where advance notification to or approval from the EPA is not required before the
demolition activity, the disposal of PCBs waste is regulated under Toxic Substances
Control Act. Additionally, the disposal of PCBs waste is subject to California Code of
Regulations (CCR) Title 22 Section 66262.
Section 7.29.070. Compliance with California and Federal PCBs Laws and
Regulations
Applicants must comply with all Federal and California laws and regulations, including
but not limited to health, safety, and environmental laws and regulations, that relate to
management and cleanup of any and all PCBs, including but not limited to PCBs in
Priority Building Materials, other PCBs-contaminated materials, PCBs-contaminated
liquids, and PCBs waste.
Section 7.29.080. Information Submission and Applicant Certification
(a) The Applicant shall conduct a PCBs in Priority Building Materials Screening
Assessment and submit the associated information and results as part of the
building demolition permit application, including the following:
1. Owner and project information, including location, year building was built,
description of building construction type, and anticipated demolition date.
2. Determination of whether the building proposed for demolition is high priority
for PCBs-containing building materials based on the structure age, use, and
construction.
3. If high priority for PCBs-containing building materials based on the structure
age, use, and construction, the concentration of PCBs in each Priority
Building Material present. If PCBs concentrations are determined via
representative sampling and analysis, include a contractor’s report
documenting the assessment which includes the completed Quality
Assurance/Quality Control checklist from the Protocol for Assessing Priority
PCBs-Containing Materials before Building Demolition and the analytical
laboratory reports.
4. For each Priority Building Material present with a PCBs concentration equal to
or greater than 50 parts-per million, the approximate amount (linear feet or
square feet) of that material in the building.
5. Applicant’s certification of the accuracy of the information submitted.
(b) The Appropriate Authority may specify a format or guidance for the submission of
the information.
Dublin PCB Demolition Ordinance 7
Section 7.29.090. Recordkeeping
Those Applicants conducting a building demolition project must maintain documentation
of the results of the PCBs in Priority Building Materials Screening Assessment for a
minimum of five years after submittal.
Section 7.29.100. Obligation to Notify City of Dublin of Changes
The Applicant shall submit written notifications documenting any changes in the
information submitted in compliance with this Chapter.
The Applicant shall submit the revised information to the Appropriate Authority when
changes in project conditions affect the information submitted with the permit
application.
Section 7.29.110. Liability
The Applicant is responsible for safely and legally complying with the requirements of
this Chapter. Neither the issuance of a permit under the requirements of Chapter 7.28,
nor the compliance with the requirements of this Chapter or with any condition imposed
by the issuing authority, shall relieve any person from responsibility for damage to
persons or property resulting there from, or as otherwise imposed by law, nor impose
any liability upon the City of Dublin for damages to persons or property.
Section 7.29.120. Enforcement
Failure to submit the information required in this Chapter or submittal of false
information will result in enforcement under Section 1.04.030.
Section 7.29.130. Fees
In addition to the fees required under Chapter 7.28, all Applicants subject to this
Chapter shall deposit funds with the City of Dublin, and pay a fee based upon the fee
schedule in effect at the time of the issuance of the demolition permit.
Section 7.29.140. City Projects
City of Dublin departments shall comply with all the requirements of this Chapter except
they shall not be required to obtain permits and approvals under this Chapter for work
performed within City of Dublin-owned properties and areas, such as right-of-ways.
Section 2. Severability. The provisions of this Ordinance are severable and if any
provision, clause, sentence, word or part thereof is held illegal, invalid, unconstitutional,
or inapplicable to any person or circumstances, such illegality, invalidity,
unconstitutionality, or inapplicability shall not affect or impair any of the remaining
provisions, clauses, sentences, sections, words or parts thereof of the ordinance or their
applicability to other persons or circumstances.
Dublin PCB Demolition Ordinance 8
Section 3. Effective Date. This Ordinance shall take effect and be in force thirty (30)
days from and after the date of its passage.
Section 4. Posting. The City Clerk of the City of Dublin shall cause this Ordinance to
be published or posted as required in Section 36933 of the Government Code of the
State of California.
PASSED, APPROVED AND ADOPTED this _____ day of ________, 2019
AYES:
NOES:
ABSENT:
ABSTAIN:
_____________________________
Mayor
ATTEST:
___________________________________
City Clerk
3222460.1