WSR 19-22-040
PROPOSED RULES
SOUTHWEST CLEAN
AIR AGENCY
[Filed October 31, 2019, 4:01 p.m.]
Original Notice.
Proposal is exempt under RCW 70.94.141(1).
Title of Rule and Other Identifying Information: SWCAA 476-010 Purpose, this is an existing rule section identifying the purpose of the asbestos regulation.
SWCAA 476-030 Definitions, this is an existing section containing definitions for terms and words directly relevant to the regulation.
SWCAA 476-040 Asbestos Project Requirements, this is an existing section describing the requirements for asbestos projects.
SWCAA 476-050 Notification Requirements and Fees, this is an existing section containing notification requirements for asbestos projects and applicable fees.
SWCAA 476-060 Procedures for Asbestos Projects, this is an existing section describing required measures to control emissions from asbestos projects.
SWCAA 476-070 Disposal of Asbestos-Containing Waste Material, this is an existing section containing requirements for disposal and storage of asbestos-containing waste material.
Hearing Location(s): On January 14, 2020, at 6:00 p.m., at the Southwest Clean Air Agency (SWCAA) business office.
Date of Intended Adoption: February 6, 2020.
Submit Written Comments to: Jerry Ebersole, 11815 N.E. 99th Street, Suite 1294, Vancouver, WA 98682, email jerry@swcleanair.org, fax 360-576-0925, by January 17, 2020.
Assistance for Persons with Disabilities: Contact Tina Hallock, phone 360-574-3058 x110, fax 360-576-0925, TTY 360-574-3058, email tina@swcleanair.org, by January 15, 2020.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: SWCAA 476-010, the proposed rule change removes encapsulation from the list of regulated activities.
SWCAA 476-030, the proposed rule change reorders two definitions and makes formatting changes to existing definitions.
SWCAA 476-040, the proposed rule change corrects sectional references, replaces the term Agency with the term SWCAA, removes the Exceptions paragraph, revises bulk sampling requirements and makes minor text edits.
SWCAA 476-050, the proposed rule change clarifies the need for SWCAA approval for project notices, replaces the term Agency with the term SWCAA and makes minor text edits.
SWCAA 476-060, the proposed rule change adds a requirement for worker certification and identification cards and replaces the term Agency with the term SWCAA.
SWCAA 476-070, the proposed rule change replaces the term Agency with the term SWCAA.
Reasons Supporting Proposal: The proposed changes are necessary to support SWCAA's implementation of its local asbestos program.
Statutory Authority for Adoption: RCW 70.94.141.
Statute Being Implemented: RCW 70.94.141.
Rule is not necessitated by federal law, federal or state court decision.
Name of Proponent: SWCAA, governmental.
Name of Agency Personnel Responsible for Drafting and Enforcement: Jerry Ebersole, 11815 N.E. 99th Street, Suite 1294, Vancouver, WA 98682, 360-574-3058 x122; and Implementation: Paul Mairose, 11815 N.E. 99th Street, Suite 1294, Vancouver, WA 98682, 360-574-3058 x130.
A school district fiscal impact statement is not required under RCW 28A.305.135.
A cost-benefit analysis is not required under RCW 34.05.328. Pursuant to RCW 70.94.141(1), section 201, chapter 403, Laws of 1995, does not apply to this rule adoption. SWCAA is not voluntarily invoking section 201, chapter 403, Laws of 1995 for this action.
This rule proposal, or portions of the proposal, is exempt from requirements of the Regulatory Fairness Act because the proposal:
Is exempt under RCW 70.94.141(1).
Explanation of exemptions: Pursuant to RCW 70.94.141(1), air pollution control authorities are authorized to adopt and amend rules and regulations in accordance with chapter 42.30 RCW and selected portions of chapter 34.05 RCW. SWCAA is not deemed a state agency and is not required to comply with the provisions of chapter 19.85 RCW.
October 31, 2019
Uri Papish
Executive Director
Reviser's note: The material contained in this filing exceeded the page-count limitations of WAC 1-21-040 for appearance in this issue of the Register. It will appear in the 19-23 issue of the Register.