HEALTH AND SAFETY Citation, commencement and interpretation 1 1 These Regulations may be cited as the Control of Asbestos in the Air Regulations 1990 and subject to paragraph (2) shall come into force on 5th April 1990. 2 In the case of any premises to which section 5 of the Health and Safety at Work etc. Act 1974 applied before 31st December 1988, regulations 2 and 3 shall come into force on 30th June 1991. 3 In these Regulations “asbestos” means the following fibrous silicates — actinolite, amosite, anthophyllite, chrysotile, crocidolite or tremolite. Limit value for the discharge of asbestos into the air during the use of asbestos 2 1 Any person having control of any premises to which section 5 of the Health and Safety at Work etc. Act 1974 applies and from which asbestos is emitted through discharge outlets into the air during the use of asbestos shall ensure that — a the concentration of asbestos so discharged, measured by the sampling and analysis procedures described in the Annex to Council Directive 87/217/ EEC on the prevention and reduction of environmental pollution by asbestos , or any other method which gives equivalent results, does not exceed 0.1 milligram of asbestos per cubic metre of air, and b the concentration of asbestos so emitted is measured at mentioned in paragraph (a) at regular intervals of not more than 6 months. 2 In this regulation — “raw asbestos” means the product resulting from the primary crushing of asbestos ore; and “use of asbestos” means activities which involve — the production of raw asbestos from ore, excluding any process directly associated with the mining of the ore, or the manufacturing and industrial finishing of any of the following products using raw asbestos — asbestos cement, asbestos cement products, asbestos fillers, asbestos filters, asbestos floor coverings, asbestos friction products, asbestos insulating board, asbestos jointing, packaging and reinforcement materials, asbestos packing, asbestos paper and card, and asbestos textiles. Enforcing authority 3 The Secretary of State shall be the authority responsible for enforcing regulation 2. Control of environmental pollution by asbestos resulting from the working of products containing asbestos 4 1 Any person undertaking activities involving the working of products containing asbestos shall ensure that those activities do not cause significant environmental pollution by asbestos fibres or dust emitted into the air; and 2 Any person undertaking the demolition of buildings, structures and installations containing asbestos and the removal from them of asbestos or materials containing asbestos involving the release of asbestos fibres or dust into the air shall ensure that significant environmental pollution is not caused thereby. 3 In this regulation — “fibre” means a fibre within the meaning of Part B.II of the Annex to Council Directive 87/217/EEC ; and “the working of products containing asbestos” means activities other than the use of asbestos (within the meaning of regulation 2) which are liable to release asbestos into the environment. 5 1 Any person who contravenes the provisions of regulation 4 commits an offence and a person guilty of such an offence shall be liable on conviction on indictment to a fine, or on summary conviction to a fine not exceeding level 4 on the standard scale. 2 Section 37 (offences by bodies corporate) of the Health and Safety at Work etc. Act 1974 shall apply to an offence under this regulation as it applies to an offence under any of the relevant statutory provisions of that Act. Chris Patten Secretary of State for the Environment 5th March 1990 Peter Walker Secretary of State for Wales 6th March 1990 Malcolm Rifkind Secretary of State for Scotland 6th March 1990