PERMANENT RULES
Date of Adoption: February 1, 2001.
Purpose: The purpose of the proposed changes was to reflect a name change for the agency. All changes were administrative in nature.
Citation of Existing Rules Affected by this Order: Amending SWCAA 476 Standards for Asbestos Control, Demolition, and Renovation.
Statutory Authority for Adoption: RCW 70.94.141.
Adopted under notice filed as WSR 00-24-092 on December 5, 2000.
Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 1, Repealed 0.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 1, Repealed 0.
Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 1, Repealed 0. Effective Date of Rule: Thirty-one days after filing.
February 9, 2001
Robert D. Elliott
Executive Director
STANDARDS FOR ASBESTOS CONTROL, DEMOLITION, AND RENOVATION
476-020 Applicability
476-030 Definitions
476-040 Asbestos Survey Requirements
476-050 Notification Requirements and Fees
476-060 Procedures for Asbestos Emission Control
476-070 Disposal of Asbestos-Containing Waste Material
476-080 Demolition By Intentional Burning
476-090 Severability
AMENDATORY SECTION (Amending WSR 96-20-073, filed 9/30/96, effective 11/1/96)
((SWAPCA)) SWCAA 476-010 Purpose
[Statutory Authority: Chapter 70.94.141 RCW. WSR 93-16-008 filed 7/22/93, effective 8/22/93; 96-20-073 filed 9/30/96, effective 11/1/96]
The purpose of this regulation is to control asbestos emissions from the removal, encapsulation, salvage, disposal, or disturbance of asbestos-containing materials in order to protect public health.
Reviser's note: The brackets and enclosed material in the text of the above section occurred in the copy filed by the agency and appear in the Register pursuant to the requirements of RCW 34.08.040.
AMENDATORY SECTION (Amending WSR 96-20-073, filed 9/30/96, effective 11/1/96)
((SWAPCA)) SWCAA 476-020 Applicability
[Statutory Authority: Chapter 70.94.141 RCW. WSR 93-16-008 filed 7/22/93, effective 8/22/93; 96-20-073 filed 9/30/96, effective 11/1/96]
This regulation shall apply to all demolition and renovation activities, removal of asbestos containing material, storage, transport, and disposal of asbestos containing materials and other specific activities as referenced in 40 CFR 61.140 et seq. (Subpart M).
Reviser's note: The brackets and enclosed material in the text of the above section occurred in the copy filed by the agency and appear in the Register pursuant to the requirements of RCW 34.08.040.
AMENDATORY SECTION (Amending WSR 96-20-073, filed 9/30/96, effective 11/1/96)
((SWAPCA)) SWCAA 476-030 Definitions
[Statutory Authority: Chapter 70.94.141 RCW. WSR 93-16-008 filed 7/22/93, effective 8/22/93; 96-20-073 filed 9/30/96, effective 11/1/96]
(1) "Adequately wet" means sufficiently mixed, saturated, penetrated, or coated with a fine mist of water or aqueous solution to prevent emissions.
(2) "AHERA Building Inspector" means a person who has successfully completed the training requirements for a building inspector established by the EPA Asbestos Model Accreditation Plan; Interim Final Rule (40 CFR 763, Appendix C to Subpart E, I.B.3) and whose certification is current. (Asbestos Hazard Emergency Response Act - AHERA)
(3) "AHERA Project Designer" means a person who has successfully completed the training requirements for an abatement project designer established by EPA regulations (40 CFR 763.90(g)) and whose certification is current.
(4) "Asbestos" means the asbestiform varieties of actinolite, amosite (cummingtonite-grunerite), tremolite, chrysotile (serpentine), crocidolite (riebeckite), or anthophyllite.
(5) "Asbestos-Containing Material" means any material containing at least one percent (1%) asbestos as determined by polarized light microscopy using the interim Method of the Determination of Asbestos in Bulk Samples contained in Appendix A of Subpart F in 40 CFR Part 763. This term does not include nonfriable asbestos-containing roofing materials, regardless of asbestos content, when the following conditions are met:
(a) The asbestos-containing roofing material is in good condition and is not peeling, cracking, or crumbling; and
(b) The binder is petroleum based, the asbestos fibers are suspended in that base, and individual fibers are still encapsulated; and
(c) The binder still exhibits enough plasticity to prevent the release of asbestos fibers in the process of removing it; and
(d) The building, vessel, or structure containing the asbestos-containing roofing material, will not be demolished by burning or mechanical renovation/demolition methods that may release asbestos fibers.
(6) "Asbestos-Containing Waste Material" means any waste that contains, or is contaminated with, asbestos-containing material. This term includes asbestos waste from control equipment, materials used to enclose the work area during an asbestos project, asbestos-containing material(s) collected for disposal, or asbestos-containing waste, debris, containers, bags, protective clothing, or HEPA filters. This term does not include samples of asbestos containing material taken for testing or enforcement actions.
(7) "Asbestos Project" means the construction, demolition, maintenance, repair, remodeling, or renovation of any public or private building(s), vessel, structure(s), or component(s) involving the demolition, removal, encapsulation, salvage, disposal, or disturbance of any asbestos-containing material. This term includes the removal and disposal of asbestos-containing waste material from manufacturing operations that combine asbestos-containing material with any other material(s) to produce a product and the removal and disposal of stored asbestos-containing material. It does not include the application of duct tape, rewettable glass cloth, canvas, cement, paint, or other nonasbestos materials to seal or fill exposed areas where asbestos fibers may be released. Nor does this include routine maintenance and other non-abatement projects that may minimally disturb ACM.
(8) "Asbestos Survey" means an inspection using the
procedures contained in 40 CFR 763.86, or an alternate method
that has received prior approval from the ((Authority)) Agency,
to determine whether materials or structures to be worked on,
removed, remodeled, renovated or demolished, (including material
on the outside of structures) contain asbestos.
(9) "Authority" or "Agency" means the Southwest Clean Air
((Pollution Control Authority)) Agency (((SWAPCA)) SWCAA).
(10) "Certified Asbestos Worker/Supervisor" means a person who is certified by the Washington State Department of Labor and Industries under WAC 296-65-010, 012, and 030 to undertake an asbestos project or, for federal employees working in a federal facility, trained in an equally effective program approved by the United States Environmental Protection Agency.
(11) "Collected for Disposal" means sealed in a leak-tight container while adequately wet.
(12) "Competent Person" means a person who is capable of identifying asbestos hazards and selecting the appropriate asbestos control strategy, has the authority to take prompt corrective measures to eliminate them, and has been trained and is currently certified in accordance with the standards established by the Washington State Department of Labor & Industries, the federal Occupational Safety & Health Administration, or the United States Environmental Protection Agency (whichever agency has jurisdiction).
(13) "Component" means any equipment, pipe, structural member, or other item covered with, coated with, or containing asbestos-containing material.
(14) "Controlled Area" means an area to which only certified asbestos workers, or other persons authorized by the Washington Industrial Safety and Health Act (WISHA), have access. For owner-occupied, single-family residence dwellings, the controlled area is the interior of the dwelling.
(15) "Demolition" means the wrecking, dismantling, removal of any load-supporting structural member on, or burning of, any building, vessel, structure, or portion thereof. For owner-occupied, single-family residence dwellings, a demolition means the wrecking, dismantling, or removal of any load bearing structural member by the use of heavy equipment (such as a backhoe) or the burning of the building thereby rendering as permanently uninhabitable, that portion of the building being demolished.
(16) "Emergency Asbestos Project" or "Emergency Renovation Project" means an unplanned asbestos project necessitated by a sudden and unexpected event that will imminently endanger human health and safety either through exposure to asbestos fibers or of vital utilities. Such events may include earthquakes, fire damage, non-routine failure or malfunction of equipment, or identification of additional asbestos-containing material discovered during an asbestos project.
(17) "Encapsulant" means a compound that creates a membrane over a surface (bridging encapsulant) or penetrates the material and binds its components together (penetrating encapsulant).
(18) "Encapsulation" means the application of an encapsulant on surfaces that are covered, coated or manufactured from asbestos containing material to control the release of asbestos fibers into the air. For purposes of this regulation, encapsulation includes the construction of enclosures.
(19) "Enclosure" means an airtight protective overlay, such as a ceiling, floor, or wall or a plastic wrapper or barrier, covering surfaces that are coated with, covered with, or containing asbestos-containing material to control the release of asbestos fibers into the air.
(20) "Friable Asbestos-Containing Material" means asbestos-containing material that, when dry, can be crumbled, disintegrated, or reduced to powder by hand pressure or by the forces expected to act upon the material in the course of demolition, renovation, or disposal. Such materials include, but are not limited to, thermal system insulation, surfacing material, and cement asbestos products.
(21) "HEPA Filter" means a high efficiency particulate air filter found in respirators and vacuum systems capable of filtering 0.3 micrometer mean aerodynamic diameter particles with 99.7% efficiency or greater.
(22) "Leak Tight Container" means a dust tight container, at least 6 mil thick that encloses the asbestos-containing waste material and prevents solids or liquids from escaping or spilling out. Such containers may include sealed plastic bags, metal or fiber drums, and polyethylene plastic.
(23) "Local Exhaust Ventilation and Collection System" means a system as described in Appendix J of EPA 560/565-024, Guidance for Controlling Asbestos-Containing Materials in Buildings.
(24) "Nonfriable Asbestos-Containing Material" means asbestos-containing material that, when dry, cannot be crumbled, disintegrated, or reduced to powder by hand pressure or by the forces expected to act on the material in the course of demolition, renovation, or disposal.
(25) "Owner" or "Operator" means any person who owns, leases, operates, controls, or is responsible for activities at a project site, or a project operation, or both.
(26) "Owner-Occupied, Single-Family Residence" means any non-multiple unit building containing space for uses such as living, sleeping, preparation of food, and eating that is currently used or was once used, occupied, or designed to be occupied by one family who owns the property as their domicile. This term includes houses with a "mother-in-law apartment" or "guest room". This term does not include rental property or multiple-family units, nor does this term include any mixed-use building, structure, or installation that contains a residential unit.
(27) "Person" means any individual, firm, public or private corporation, association, partnership, political subdivision, municipality, or government agency.
(28) "Presumed Asbestos Containing Material" means thermal system insulation and surfacing material found in buildings constructed no later than 1980 (29CFR1926.1101).
(29) "Project" means an asbestos project, maintenance activity, renovation, or demolition activity.
(30) "Renovation" means the modification of any existing building, vessel, structure, component, or portion thereof, involving the removal, encapsulation, alteration, disposal, or disturbance of any asbestos-containing material, or a project that is releasing, or likely to release asbestos fibers into the air. A renovation project is only covered under this regulation if the renovation involves asbestos-containing material or the potential to disturb asbestos-containing material. If no asbestos-containing material is present on the project, there are no notification requirements or special handling procedures.
(31) "Suspect Asbestos-Containing Material" means material that has historically contained asbestos including, but not limited to, surfacing material, thermal system insulation, roofing material, fire barriers, gaskets, flooring material, and siding.
(32) "Visible Emissions" means any emissions that are visually detectable without the aid of instruments. This term does not include condensed uncombined water vapor.
(33) "Waste Generator" means any owner or operator of a source whose act or process produces asbestos-containing waste material.
(34) "Waste Shipment Record" means the shipping document required to be originated and signed by the owner or operator, used to track and substantiate the disposition of asbestos-containing waste material.
(35) "Working Day" means Monday through Friday and includes holidays that fall on any of the days Monday through Friday.
Reviser's note: The brackets and enclosed material in the text of the above section occurred in the copy filed by the agency and appear in the Register pursuant to the requirements of RCW 34.08.040.
AMENDATORY SECTION (Amending WSR 96-20-073, filed 9/30/96, effective 11/1/96)
((SWAPCA)) SWCAA 476-040 Asbestos Survey Requirements
[Statutory Authority: Chapter 70.94.141 RCW. WSR 96-20-073 filed 9/30/96, effective 11/1/96]
(1) Renovation
(a) Prior to performing any renovation activity the property owner or the owner's agent shall determine whether there are suspect asbestos-containing materials in the work area. The property owner or the owner's agent shall obtain an asbestos survey of any suspect asbestos-containing materials. The asbestos survey shall be performed by an AHERA (Asbestos Hazard Emergency Response Act) building inspector. An asbestos survey at a single family resident is not required to be performed by an AHERA building inspector when the renovation project is performed by the owner/occupant.
(b) A summary of the results of the asbestos survey shall be documented and shall either be posted by the property owner or owner's agent at the work site or communicated in writing to all persons who may come into contact with the material.
(c) Any material presumed to be asbestos-containing material is not required to be evaluated by an AHERA building inspector. Any material presumed to be asbestos-containing material shall be handled as though it was asbestos-containing material.
(d) Only an AHERA building inspector may determine that a
suspect material does not contain asbestos except for renovations
of an owner-occupied, single-family residence performed by the
owner/occupant, however, must handle all presumed
asbestos-containing material as provided in ((SWAPCA)) SWCAA
476-050.
(2) Demolition
(a) Prior to performing any demolition project the property owner or the owner's agent shall obtain an asbestos survey of the facility or part of the facility where the demolition will occur for the presence of asbestos. The asbestos survey shall be performed by an AHERA (Asbestos Hazard Emergency Response Act) building inspector.
(b) A summary of the results of the asbestos survey shall be documented and shall either be posted by the property owner or owner's agent at the work site or communicated in writing to all persons who may come into contact with the material.
(c) Any material presumed to be asbestos-containing material is not required to be evaluated by an AHERA building inspector. Any material presumed to be asbestos-containing material shall be handled as though it was asbestos-containing material.
(d) Only an AHERA building inspector may determine that a suspect material does not contain asbestos-containing materials.
(e) Regardless of the amount of asbestos-containing material
present (including none), a Notification of a Demolition activity
must be submitted to the ((Authority)) Agency on ((Authority))
Agency approved forms prior to commencing a demolition project in
accordance with ((SWAPCA)) SWCAA 476-050(2). In no event shall a
project or activity proceed on a date other than the date
indicated on the notification.
(f) If the facility is to be demolished by intentional
burning, all the asbestos-containing material shall be removed as
an asbestos project in accordance with ((SWAPCA)) SWCAA 476-080.
Reviser's note: The brackets and enclosed material in the text of the above section occurred in the copy filed by the agency and appear in the Register pursuant to the requirements of RCW 34.08.040.
AMENDATORY SECTION (Amending WSR 96-20-073, filed 9/30/96, effective 11/1/96)
((SWAPCA)) SWCAA 476-050 Notification Requirements and Fees
[Statutory Authority: Chapter 70.94.141 RCW. WSR 93-16-008 filed 7/22/93, effective 8/22/93; 96-20-073 filed 9/30/96, effective 11/1/96]
(1) Applicability. No person shall cause or allow work on
an asbestos project, maintenance, renovation, or demolition
activity involving asbestos containing material unless the owner
or operator has submitted a complete notification to the
((Authority)) Agency on ((Authority)) Agency approved forms, in
accordance with the advance notification period requirements and
fees as provided in ((SWAPCA)) SWCAA 476-050(2).
(a) An Asbestos Notification is not required for any asbestos project involving less than 10 linear feet or 48 square feet (per structure, per year) of any asbestos-containing material unless the facility is to be demolished by intentional burning. If the facility is to be demolished by intentional burning, all asbestos-containing material shall be removed as an asbestos project. An Asbestos Notification is not required for removal of nonfriable roofing material. The owner/operator shall maintain documentation to substantiate qualification for the exemption;
(b) Regardless of the amount of asbestos-containing material
present (including none), a Notification of Demolition activity
must be submitted to the ((Authority)) Agency on ((Authority))
Agency approved forms prior to commencing a demolition accordance
with ((SWAPCA)) SWCAA 476-050(2). In no event shall a project or
activity proceed on a date other than the date indicated on the
notification;
(c) The approval date to perform a project will be the date
that all required submittals and fees are received at ((SWAPCA))
SWCAA;
(d) The duration of the asbestos project, maintenance activity, renovation, or demolition activity or project shall not exceed one (1) year beyond the original project starting date. The project starting and completion date for an asbestos project shall be commensurate with the amount of asbestos-containing material involved. In no event shall a project or activity start or end on a date other than the date contained on the notification;
(e) The written notification shall expire on the project completion date as specified by the owner or operator;
(f) A copy of the written notification, all amendments and the asbestos survey shall be available for inspection at the project site at all times until completion of the project;
(g) For an asbestos project, maintenance, renovation or
demolition activity that will begin on a date later than the date
contained in the original notification, the owner/operator or the
owner's agent shall notify ((SWAPCA)) SWCAA by telephone
(360-574-3058) as soon as possible before the original start date
and provide written notification (facsimile acceptable) to
((SWAPCA)) SWCAA of the new start date no later than the original
start date. In no event shall a project or activity begin on a
date other than the date indicated in the revised notification;
(h) For an asbestos project, maintenance, renovation or
demolition activity that will begin on a date earlier than the
one contained in the original notification, the owner/operator or
owner's agent shall provide written notification (facsimile
acceptable) to ((SWAPCA)) SWCAA of the new start date at least 10
working days before commencement of the project or activity. In
no event shall a project or activity begin on a date other than
the date indicated in the revised notification; and
(i) All asbestos projects, maintenance, renovation or
demolition activities shall be completed on the date identified
on the notification. When a project or activity will be
completed prior to the date specified on the notification, the
owner or operator shall notify ((SWAPCA)) SWCAA by telephone as
soon as possible but in no event later that the actual completion
date. The owner or operator shall provide ((SWAPCA)) SWCAA with
written notification (facsimile acceptable) of actual completion
within 5 calendar days if the completion date is before the date
on the notification. If the actual completion date will be after
the date indicated on the notification, the owner or operator
shall submit an amendment to the written notification with the
new completion date (facsimile acceptable) to ((SWAPCA)) SWCAA
prior to the completion date on the original or amended previous
notification.
(2) Advance Notification Period and Fee. Any notification
required by ((SWAPCA)) SWCAA 476-050(1) shall be considered
incomplete until all the information required by ((SWAPCA)) SWCAA
476-050(1) is received by the ((Authority)) Agency and
accompanied by the appropriate fee. A facsimile of the completed
notification form shall be acceptable documentation for the start
of the notification period, but the appropriate fee shall be
received before the project can proceed. The advance
notification period and appropriate fee shall be determined as
follows:
| Project Type | Notification Period | Notification Fee | Forms Required |
| Owner-Occupied, Single Family Asbestos -Occupant Performed | Prior Notification | $ 25 | Asbestos Notification |
| <10 linear ft <48 square ft Asbestos |
None | None | None |
| 10-259 linear ft 48-159 square ft Asbestos |
10 Working Days | $ 100 | Asbestos Notification |
| 260-999 linear ft 160-4999 square ft |
10 Working Days | $ 250 | Asbestos Notification |
| . 1,000 linear ft . 5,000 square ft |
10 Working Days | $ 500 | Asbestos Notification |
| Amendments to All Projects | Prior Notification | $ 25 3rd amendment & after |
Amended Copy of Asbestos Notification |
| Annual Asbestos Notification |
10 Working Days | $ 500 | Annual Asbestos Notification |
| Renovation With Asbestos |
10 Working Days | Normal Asbestos Fee | Asbestos Notification |
| Renovation Without Asbestos |
None | None | None |
| Demolition With Asbestos |
10 Working Days | $ 50 Plus Normal Asbestos Fee |
Asbestos Notification & Demolition Notification |
| Demolition Without Asbestos |
10 Working Days | $ 50 | Demolition Notification |
| Temporary Asbestos Storage Facility | Prior Notification | $ 50 | Temporary Storage Facility Application |
| Emergencies | Prior Notification | Double the Normal Notification Fee | Emergency Waiver Request Letter |
(a) Annual written notifications shall be submitted to the
((Authority)) Agency for approval before commencing work on any
asbestos projects specified in an annual application.
(b) The total amount of asbestos-containing material for all asbestos projects from each structure, vessel, or building in a calendar year under this section shall be limited to less than 260 linear feet on pipes and 160 square feet on other components.
(c) Any asbestos project involving at least 260 linear feet
on pipes or 160 square feet or more on other components for each
building, vessel, or structure at the facility shall be subject
to the notification requirements of ((SWAPCA)) SWCAA 476-050(1)
and 476-050(2) in addition to the annual notification
requirements.
(d) A copy of the annual notice shall be available for inspection at the property owner's or operator's office until the end of the calendar year.
(e) Asbestos-containing waste material generated from asbestos projects filed under an annual notification may be stored for disposal at the facility if all of the following conditions are met:
(i) All asbestos-containing waste material shall be treated
in accordance with ((SWAPCA)) SWCAA 476-070(1); and
(ii) Accumulated asbestos-containing waste materials collected during each calendar quarter shall be kept in a controlled storage area posted with one (1) or more asbestos warning signs and accessible only to authorized persons; and
(iii) For storage of asbestos-containing waste material
longer than 10 days, the owner/operator or owner's agent shall
apply to ((SWAPCA)) SWCAA for a Temporary Asbestos Storage
Facility Authorization unless the asbestos-containing waste
material is handled as dangerous waste in accordance with WAC 173-303. Asbestos-containing waste material shall only be
disposed of at sites operated in accordance with the provisions
of 40 CFR 61.154 or 61.155 and approved by the health department
with jurisdiction.
(f) Annual written notifications shall be submitted by the
facility owner or operator on forms provided by the ((Authority))
Agency. Notifications shall be submitted to the ((Authority))
Agency at least 10 days in advance of the start date and shall be
accompanied by an annual fee as identified in ((SWAPCA)) SWCAA
476-050(2).
(g) The facility owner or operator shall submit quarterly
written reports to the ((Authority)) Agency within fifteen (15)
days after the end of each calendar quarter. Each quarterly
report shall be submitted on forms provided by the ((Authority))
Agency or an alternate format approved by the ((Authority))
Agency.
(4) Amendments. An amended notification shall be submitted
to the ((Authority)) Agency prior to deviating from any of the
information contained in a notification. Amended notifications
addressed by this section shall be filed by the original
applicant, received by the ((Authority)) Agency no later than the
last filed completion date, and are limited to the following
revisions:
(a) A change in the job size category because of
identification of additional asbestos-containing material. In
this case, the fee shall be increased accordingly and the total
fee shall be equal to, but not exceed, the fee amount provided
for the new job size category as specified in ((SWAPCA)) SWCAA
476-050(2);
(b) The project starting or completion date, provided the
total duration of the work does not exceed one (1) calendar year
beyond the original starting date. The commencement date of the
original advance notification period shall apply with no
additional waiting period required for amended notifications. If
an amended notification results in a job size category that
requires a waiting period as specified in ((SWAPCA)) SWCAA
476-050(2) and the original notification did not require a
waiting period, the advance notification period shall commence on
the date the original application was submitted;
(c) Name, mailing address, and telephone number of the owner or operator of the asbestos project site or operation;
(d) Waste disposal site, provided the revised waste disposal site is operated in accordance with the provisions of 40 CFR 61.154 or 61.155 and approved by the health department with jurisdiction;
(e) Method of removal or compliance procedures, provided the
revised work plan meets the asbestos emission control and
disposal requirements of ((SWAPCA)) SWCAA 476-060 and 450-070;
(f) Description, size (total square feet or number of floors), and approximate age of the building, vessel, or structure at the original address or location; and
(g) Any other information requested by the ((Authority))
Agency.
(5) Emergencies.
(a) The ((Authority)) Agency may waive the required ten (10)
working day advance notification period if the property owner or
occupant demonstrates in writing to the ((Authority)) Agency that
an asbestos project or maintenance, renovation or demolition
activity must be conducted immediately because of any of the
following:
(i) There was a sudden, unexpected event that resulted in a public health or safety hazard; or
(ii) The project must proceed immediately to protect equipment, ensure continuous vital utilities, or minimize property damage; or
(iii) The project must proceed to avoid imposing an unreasonable burden.
(b) Each emergency waiver request shall include a fee as
identified in ((SWAPCA)) SWCAA 476-050(2).
(c) If the emergency asbestos project occurs during
nonbusiness hours, notification to ((SWAPCA)) SWCAA must occur no
later than the next business day.
Reviser's note: The brackets and enclosed material in the text of the above section occurred in the copy filed by the agency and appear in the Register pursuant to the requirements of RCW 34.08.040.
Reviser's note: The typographical error in the above material occurred in the copy filed by the Southwest Clean Air Agency and appears in the Register pursuant to the requirements of RCW 34.08.040.
AMENDATORY SECTION (Amending WSR 96-20-073, filed 9/30/96, effective 11/1/96)
((SWAPCA)) SWCAA 476-060 Procedures for Asbestos Emission Control
[Statutory Authority: Chapter 70.94.141 RCW. WSR 93-16-008 filed 7/22/93, effective 8/22/93; 96-20-073 filed 9/30/96, effective 11/1/96]
(1) Project requirements. No person shall cause or allow
work on an asbestos project unless the following procedures are
employed, except as provided in ((SWAPCA)) SWCAA 476-060(2):
(a) Any work on an asbestos project shall be performed by
certified asbestos workers under the direct, on-site supervision
of a certified asbestos supervisor. This requirement shall not
apply to certain limited asbestos projects conducted in
accordance with ((SWAPCA)) SWCAA 400-060(2) for owner-occupied,
single-family dwellings performed by the owner/occupant.
(b) The asbestos project shall be conducted in a controlled area, clearly marked by barriers and asbestos warning signs. Access to the controlled area shall be restricted to authorized personnel only.
(c) All asbestos containing material shall be kept adequately wet while being removed from any structure, building, vessel, or component.
(d) No visible emissions shall result from an asbestos project.
(e) All asbestos-containing material that has been removed or may have fallen off components during the course of an asbestos project shall be:
(i) Kept adequately wet until collected for disposal;
(ii) Collected for disposal at the end of each working day;
(iii) Contained in a controlled area at all times until transported to a waste disposal site; and
(iv) Carefully lowered to the ground or a lower floor, not dropped, thrown, slid, or otherwise handled in such a manner that may risk further damage to them; or
(v) Transported to the ground via dust tight chutes or containers if they have been removed or stripped more than 50 feet above ground level and were not removed as a unit or in sections.
(f) Mechanical assemblies or components covered with, coated
with, or containing asbestos-containing material, removed as a
unit or in sections, shall be contained in a leak-tight wrapping
after wetting and shall be labeled in accordance with ((SWAPCA))
SWCAA 476-070 (1)(a)(iii).
(i) For large components such as boilers, steam generators, and large tanks, the asbestos-containing material is not required to be removed or stripped if the component can be removed, stored, transported, and deposited at a waste disposal site or reused without disturbing or damaging the asbestos.
(ii) Metal components such as valves, fire doors, and reactor vessels that have internal asbestos-containing material may avoid wetting and leak tight wrapping if:
(A) All access to the asbestos-containing material is welded shut; or
(B) The component has mechanical seals in place that separate the asbestos-containing material from the environment and these seals cannot be removed by hand; and
(C) The components are labeled in accordance with ((SWAPCA))
SWCAA 476-070 (1)(a)(iii).
(f) Local exhaust ventilation and collection systems used on an asbestos project shall:
(i) Be maintained to ensure the integrity of the system; and
(ii) When feasible, have one or more transparent plastic or glass viewing ports installed on the walls of the enclosure in such a manner that will allow for viewing of all components inside the enclosure. When available, existing windows may be utilized for viewing ports.
(g) Local exhaust ventilation and collection systems, control devices, and vacuum systems, used on an asbestos project shall be equipped with a HEPA exhaust filter, maintained in good working order, and shall allow no visible emissions.
(2) Exemptions for Owner-Occupied, Single-Family Dwellings.
The requirements of ((SWAPCA)) SWCAA 476-060 (1)(a) shall not
apply to asbestos projects conducted in a owner-occupied,
single-family dwelling by the resident owner of the dwelling.
Alternate Means of Compliance.
(a) Friable Asbestos-Containing Material Alternative Removal Methods
An alternate asbestos removal method may be employed for
friable asbestos-containing material if an AHERA Project Designer
(who is also qualified as a Certified Hazardous Materials
Manager, Certified Industrial Hygienist, Registered Architect, or
Professional Engineer) has evaluated the work area, the type of
asbestos-containing material, the projected work practices, and
the engineering controls, and demonstrates to the ((Authority))
Agency that the planned control method will be effective as the
work practices contained in ((SWAPCA)) SWCAA 476-060(1) in
controlling asbestos emissions. The property owner or the
owner's agent shall document through air monitoring at the
exhaust from the controlled area that the asbestos fiber
concentrations outside the controlled area do not exceed 0.01
fibers/cc, 8 hour average.
The ((Authority)) Agency may require additional conditions
be included in the alternate removal method that are reasonably
necessary to assure the planned control method is as effective as
wetting, and may revoke the alternate removal method for cause.
(b) Nonfriable Asbestos-Containing Material Alternative Removal Methods
An alternate asbestos removal method may be employed for
nonfriable asbestos-containing material if a Competent Person or
AHERA Project Designer has evaluated the work area, the type of
asbestos-containing material, the projected work practices, and
the engineering controls, and demonstrates to the ((Authority))
Agency that the planned control method will be equally as
effective as the work practices in ((SWAPCA)) SWCAA 476-060(1) in
controlling asbestos emissions.
The ((Authority)) Agency may require additional conditions
be included in the alternate removal method that are reasonably
necessary to assure the planned control method is as effective as
wetting, and may revoke the alternative removal method for cause.
(c) Leaving Nonfriable Asbestos-Containing Material in Place During Demolition
Nonfriable asbestos-containing material may be left in place
during demolition, if an AHERA Project Designer (who is also
qualified as a Certified Hazardous Materials Manager, Certified
Industrial Hygienist, Registered Architect, or Professional
Engineer) has evaluated the work area, the type of
asbestos-containing materials involved, the projected work
practices, and the engineering controls, and demonstrates to the
((Authority)) Agency that the asbestos-containing material will
remain nonfriable during all demolition activities and subsequent
disposal of the debris. No asbestos-containing material shall
remain in place if the demolition involves burning or other
activities that would result in the potential release of
asbestos-containing material to the ambient air.
The ((Authority)) Agency may require additional conditions
be included in the alternate removal method that are reasonably
necessary to assure the asbestos-containing material remains
nonfriable, and may revoke the Alternate Approval Notification
for cause.
Exceptions for Hazardous Conditions. Asbestos-containing
material need not be removed prior to a demolition if the
property owner demonstrates to the ((Authority)) Agency that it
is not accessible because of hazardous conditions such as:
structures or buildings that are structurally unsound and may
immediately collapse, or other conditions that are dangerous to
life and health. The property owner must submit the written
determination of the hazard by an authorized government official
or a licensed structural engineer, and must submit the procedures
that will be followed for controlling asbestos emissions during
the demolition or renovation and disposal of the
asbestos-containing material.
Reviser's note: The brackets and enclosed material in the text of the above section occurred in the copy filed by the agency and appear in the Register pursuant to the requirements of RCW 34.08.040.
AMENDATORY SECTION (Amending WSR 96-20-073, filed 9/30/96, effective 11/1/96)
((SWAPCA)) SWCAA 476-070 Disposal of Asbestos-Containing Waste
Material
[Statutory Authority: Chapter 70.94.141 RCW. WSR 93-16-008 filed 7/22/93, effective 8/22/93; 96-20-073 filed 9/30/96, effective 11/1/96]
(1) Disposal Requirements. No person shall cause or allow work on an asbestos project unless the following procedures are employed during the collection, processing, packaging, transporting, or deposition of any asbestos-containing waste material:
(a) Treat all asbestos-containing waste material as follows:
(i) Adequately wet all asbestos-containing waste material and mix asbestos waste from control devices, vacuum systems, or local exhaust ventilation and collection systems with water to form a slurry;
(ii) After wetting, seal all asbestos-containing waste material in leak tight containers or wrapping to ensure that they remain adequately wet when deposited at a waste disposal site;
(iii) Permanently (indelible markers or labels made with indelible ink) label wrapped materials and each container with an asbestos warning sign as specified by the Washington State Department of Labor and Industries or the Occupational Safety and Health Administration. Permanently mark the label with the date the material was collected for disposal, the name of the waste generator, the name and affiliation of the certified asbestos supervisor, and the location at which the waste was generated;
(iv) Ensure that the exterior of each container is free of all asbestos residue; and
(v) Exhibit no visible emissions during any of the operations required by this section.
(b) All asbestos-containing waste material shall be
deposited within ten (10) calendar days after collection at a
waste disposal site operated in accordance with the provisions of
40 CFR 61.154 or 61.155 and approved by the health department
with jurisdiction. Asbestos-containing waste material may remain
onsite longer than 10 if the facility has a current Temporary
Asbestos Storage Facility Authorization and the
asbestos-containing waste material is stored within that
temporary storage facility as provided in ((SWAPCA)) SWCAA
476-070(2).
(c) All asbestos-containing waste material, handled as
dangerous waste in accordance with WAC 173-303, shall be excluded
from the requirements of ((SWAPCA)) SWCAA 476-070 (1)(a)(iii) and
476-070 (1)(b).
(2) Alternative Storage Method - Temporary Asbestos Storage
Facility. The owner or operator of a licensed asbestos abatement
company or disposal facility may apply to the ((Authority))
Agency to establish a temporary facility for the purpose of
collecting and temporarily storing asbestos-containing waste
material.
(a) No person shall cause or allow the operation of a
temporary asbestos storage facility without the prior written
approval of the ((Authority)) Agency.
(b) The owner or operator must submit a complete application
for establishment of a temporary asbestos storage facility on
forms provided by the ((Authority)) Agency. When approved, an
Asbestos Storage Facility Authorization will be returned to the
owner or operator by ((SWAPCA)) SWCAA to be posted at the
entrance to the facility or on file at the facility office.
(c) An asbestos storage facility shall meet the following general conditions:
(i) Asbestos-containing waste material must be stored in a container with a single piece liner at least 6 mil in thickness; and
(ii) Said container must be in a secured building or in a secured exterior enclosure; and
(iii) The enclosure must be locked except during transfer of asbestos-containing waste material; and
(iv) Return of the waste shipment record to the waste
generator shall not exceed the 45-day requirement of 40 CFR Part
61.150 except as otherwise approved by the ((Authority)) Agency.
(3) Alternative Disposal Method - Asbestos-Cement Water
Pipe. Asbestos-cement water pipe used on public right-of-ways or
public easements shall be excluded from the disposal requirements
of ((SWAPCA)) SWCAA 476-070 (1)(b) if the following conditions
are met:
(a) Any asbestos-cement water pipe greater than one (1) linear foot in size may be buried on public right-of-ways or public easements if covered with at least three (3) feet or more of non-asbestos fill material; and
(b) All asbestos-containing waste material, including
asbestos-cement water pipe fragments that are one (1) linear foot
or less, protective clothing, HEPA filters, or other asbestos
contaminated material, debris, or containers, shall be subject to
the requirements of ((SWAPCA)) SWCAA 476-010 through 476-070.
Reviser's note: The brackets and enclosed material in the text of the above section occurred in the copy filed by the agency and appear in the Register pursuant to the requirements of RCW 34.08.040.
AMENDATORY SECTION (Amending WSR 96-20-073, filed 9/30/96, effective 11/1/96)
((SWAPCA)) SWCAA 476-080 Demolition by Intentional Burning
[Statutory Authority: Chapter 70.94.141 RCW. WSR 96-20-073 filed 9/30/96, effective 11/1/96]
Prior to performing any fire training exercise involving intentional burning as a method of demolition, the following steps shall be completed:
(1) The owner or owner's agent shall obtain an asbestos
survey of any suspect asbestos-containing materials (including
non-friable roofing materials). The asbestos survey shall be
performed by an AHERA building inspector as provided in
((SWAPCA)) SWCAA 476-040.
(2) If asbestos-containing material is present, regardless
of amount, the asbestos-containing material shall be removed as
an asbestos project in accordance with ((SWAPCA)) SWCAA 476-050.
(3) If there is no asbestos-containing material in the work area, this determination shall either be posted at the work area or communicated in writing to all persons involved in the demolition project by the owner or owner's agent.
(4) A summary of the results of the asbestos survey shall be
submitted to ((SWAPCA)) SWCAA by the owner or owner's agent along
with the Demolition Notification as provided in ((SWAPCA)) SWCAA
476-050.
(5) The fire district or other organization involved in the
fire training exercise as a method of demolition shall notify
((SWAPCA)) SWCAA of the date, time, and location of the proposed
exercise and the fire district contact person and phone number
for that exercise at least five calendar days in advance of the
exercise.
(6) The owner or owner's agent shall provide notice of the fire to the owners of property adjoining the property on which the fire will occur at least five calendar days in advance of the exercise.
(7) No fire training exercise that involves intentional
burning as a method of demolition shall be allowed without prior
written approval from ((SWAPCA)) SWCAA.
Reviser's note: The brackets and enclosed material in the text of the above section occurred in the copy filed by the agency and appear in the Register pursuant to the requirements of RCW 34.08.040.
AMENDATORY SECTION (Amending WSR 96-20-073, filed 9/30/96, effective 11/1/96)
((SWAPCA)) SWCAA 476-090 Severability
[Statutory Authority: Chapter 70.94.141 RCW. WSR 96-20-073 filed 9/30/96, effective 11/1/96]
The provisions of this regulation are severable and if any provision is held invalid, the application of such provision to the other circumstances and the remainder of this regulation shall not be affected.
Reviser's note: The brackets and enclosed material in the text of the above section occurred in the copy filed by the agency and appear in the Register pursuant to the requirements of RCW 34.08.040.