House of Representatives
State of Utah
UTAH STATE CAPITOL COMPLEX . 350 STATE CAPITOL
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P.O. BOX 145030 . SALT LAKE CITY, UTAH 84114-5030 . (801) 538-1029
February 14, 2012
Madam Speaker:
The Political Subdivisions Committee reports a favorable recommendation on H.B. 189,
ASBESTOS REQUIREMENTS, by Representative L. Wiley, with the following amendments and
recommends it be placed on the Consent Calendar.
Respectfully,
R. Curt Webb
1. Page
2, Lines 33 through 56
:
33
(1) The board may make rules in accordance with Title 63G, Chapter 3, Utah
34
Administrative Rulemaking Act:
35
(a) regarding the control, abatement, and prevention of air pollution from all sources
36
and the establishment of the maximum quantity of air contaminants that may be emitted
by any
37
air contaminant source;
38
(b) establishing air quality standards;
39
(c) requiring persons engaged in operations which result in air pollution to:
40
(i) install, maintain, and use emission monitoring devices, as the board finds
necessary;
41
(ii) file periodic reports containing information relating to the rate, period of
emission,
42
and composition of the air contaminant; and
43
(iii) provide access to records relating to emissions which cause or contribute to air
44
pollution;
45
(d) (i) implementing [15 U.S.C.A. 2601 et seq. Toxic Substances Control Act,
46
Subchapter II - Asbestos Hazard Emergency Response, and reviewing and approving]:
47
(A) Toxic Substances Control Act, Subchapter II, Asbestos Hazard Emergency
48
Response, 15 U.S.C. 2601 et seq.;
49
(B) 40 C.F.R. Part 763, Asbestos; and
50
(C) 40 C.F.R. Part 61, National Emission Standards for Hazardous Air Pollutants,
51
Subpart M, National Emission Standard for Asbestos; and
52
(ii)
governing
}
reviewing and approving
asbestos management plans
submitted by local education agencies under
53
that act] the Toxic Substances Control Act, Subchapter II, Asbestos Hazard Emergency
54
Response, 15 U.S.C. 2601 et seq.;
55
(e) establishing a requirement for a diesel emission opacity inspection and
maintenance
56
program for diesel-powered motor vehicles;
2. Page
5, Lines 130 through 145
:
130
(q) meet the requirements of federal air pollution laws;
131
(r)
132
persons who:
133
(i) contract for hire to conduct demolition, renovation, salvage, encapsulation work
134
involving friable asbestos-containing materials, or asbestos inspections[;] if:
135
(A) the contract work is done on a site other than a residential property with four or
136
fewer units; or
137
(B) the contract work is done on a residential property with four or fewer units
where a
138
tested sample contained greater than 1% of asbestos;
139
(ii) conduct work described in Subsection (3)(r)(i) in areas to which the general
public
140
has unrestrained access or in school buildings that are subject to the federal Asbestos
Hazard
141
Emergency Response Act of 1986;
142
(iii) conduct asbestos inspections in facilities subject to 15 U.S.C.A. 2601 et seq.,
143
Toxic Substances Control Act, Subchapter II - Asbestos Hazard Emergency Response; or
144
(iv) conduct lead paint inspections in facilities subject to 15 U.S.C.A. 2601 et seq.,
145
Toxic Substances Control Act, Subchapter IV -- Lead Exposure Reduction;
3. Page
6, Line 171 through Page 7, Line 183
:
171
(6) (a) The board may not require testing for asbestos or related materials on a
172
residential property with four or fewer units[.], unless:
173
(i) the property's construction was completed before January 1, 1981; or
174
(ii) the testing is for:
175
(A) a sprayed acoustical ceiling;
176
(B) transite siding;
177
(C)
vinyl-asbestos
}
vinyl
floor tile;
178
(D) thermal-system insulation or tape on a duct or furnace; or
179
(E) vermiculite
insulated-type
}
type insulation
materials.
180
(b) A residential property with four or fewer units is subject to an abatement rule
made
181
under Subsection (1)
182
(i) a sample from the property is tested for asbestos; and
183
(ii) the sample contains asbestos measuring greater than 1%.
Committee Chair
Voting: 11-0-1
4 HB0189.HC1.wpd 2/14/12 5:02 pm /JTW TJN/AMN
Bill Number
*HB0189*
HB0189