Airborne Toxic Control Measure

An Airborne Toxic Control Measure (ATCM) is a type of regulation issued by the California Air Resources Board (CARB) to reduce public exposure to substances identified as toxic air contaminants. In the asbestos context, ATCMs restrict activities that release asbestos fibers into the air, including the mining, sale, and use of serpentine rock and gravel containing asbestos, and earthmoving or construction in areas with naturally occurring asbestos.

Origin

The ATCM regulatory tool was created under California's Toxic Air Contaminant Identification and Control Act (AB 1807, 1983) and the Air Toxics Hot Spots Act (AB 2588, 1987). California adopted its first asbestos-specific ATCM in 1990 covering surfacing applications of serpentine aggregate, followed by the 2001 ATCM for Construction, Grading, Quarrying, and Surface Mining Operations and the 2002 ATCM for Naturally Occurring Asbestos.

Significance in Asbestos Context

ATCMs are central to many California asbestos exposure cases, especially those involving residents, workers, or family members exposed to dust from road surfacing, quarrying, school construction, or development in areas like El Dorado County, Calaveras County, and the Sierra foothills where naturally occurring asbestos is widespread. If a property owner, contractor, school district, or aggregate supplier failed to follow ATCM requirements (such as dust mitigation plans, geologic surveys, or limits on asbestos content in surfacing material), that violation can serve as direct evidence of negligence and unreasonable exposure. For patients diagnosed after living near or working on California construction sites, quarries, or unpaved roads surfaced with serpentine gravel, ATCM compliance records (or the lack of them) can identify responsible parties who may otherwise claim they had no duty to control the dust.

Example Sentence

Her legal team subpoenaed the county's grading permits and ATCM dust mitigation plans to show that the developer knew the subdivision sat on serpentine rock and failed to wet down the soil during excavation.

Related Terms

Naturally Occurring Asbestos, Serpentine, California Air Resources Board, Tremolite, Environmental Exposure, Take-Home Exposure

Notes

• If you lived, worked, or attended school in a California county with mapped naturally occurring asbestos (El Dorado, Calaveras, Amador, Placer, Fresno, or parts of the Bay Area), ask your attorney to obtain ATCM compliance records, dust mitigation plans, and air monitoring data from the relevant air district.
• Preserve any photos, addresses, or memories of unpaved roads, driveways, school grounds, or playing fields surfaced with greenish-gray gravel. This may be serpentine aggregate subject to the 1990 ATCM.
• Request grading and construction permits from the county for any home or worksite where you were exposed; post-2002 projects in NOA areas were required to file an Asbestos Dust Mitigation Plan.
• ATCM violations can support claims against contractors, aggregate suppliers, developers, and public entities, not just traditional asbestos product manufacturers.