WSR 07-04-076

PROPOSED RULES

PUGET SOUND

CLEAN AIR AGENCY

[ Filed February 5, 2007, 9:49 a.m. ]

Original Notice.

Exempt from preproposal statement of inquiry under RCW 70.94.141(1).

Title of Rule and Other Identifying Information: Amend Regulation I, Section 4.03 (Asbestos Notification Requirements).

Hearing Location(s): Puget Sound Clean Air Agency, 1904 3rd Avenue, Suite 105, Seattle, WA 98101, on March 22, 2007, at 9:15 a.m.

Date of Intended Adoption: March 22, 2007.

Submit Written Comments to: Lynn Sykes, Puget Sound Clean Air Agency, 1904 3rd Avenue, #105, Seattle, WA 98101, e-mail lynns@pscleanair.org, fax (206) 343-7522, by March 21, 2007.

Assistance for Persons with Disabilities: Contact Agency Receptionist, (206) 689-4010, by March 15, 2007, TTY (800) 833-6388 or (800) 833-6385 (Braille).

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: To allow submittal of asbestos notifications and payments on-line, rather than on paper forms by mail or fax.

Reasons Supporting Proposal: Agency customers have requested this change for the sake of convenience and simplicity. The change would also save the agency paper processing and data entry time, it would allow agency field staff to remotely access asbestos project and demolition information in real-time, and it would enable the customer to submit and amend notifications and make payments on-line at any time. After implementation, the agency program costs are anticipated to decrease, resulting in the lowering of asbestos fees in the future.

Statutory Authority for Adoption: Chapter 70.94 RCW.

Statute Being Implemented: RCW 70.94.141.

Rule is not necessitated by federal law, federal or state court decision.

Name of Proponent: Puget Sound Clean Air Agency, governmental.

Name of Agency Personnel Responsible for Drafting: Rose Busterna, 110 Union Street, #500, Seattle, WA 98101, (206) 689-4021; Implementation and Enforcement: Jim Nolan, 110 Union Street, #500, Seattle, WA 98101, (206) 689-4053.

No small business economic impact statement has been prepared under chapter 19.85 RCW. This agency is not subject to the small business economic impact provision of the Administrative Procedure Act.

A cost-benefit analysis is not required under RCW 34.05.328. RCW 34.05.328 does not apply to local air agencies, per RCW 70.94.141.

February 2, 2007

Rosemary Busterna

Compliance Specialist II

AMENDATORY SECTION

REGULATION III SECTION 4.03 ASBESTOS NOTIFICATION REQUIREMENTS


(a) General Requirements

It shall be unlawful for any person to cause or allow any work on an asbestos project or demolition unless a complete notification, including the appropriate nonrefundable ((required)) fee and any additional information requested by the Control Officer, has been submitted to the Agency ((on approved forms, in accordance with the advance notification period)) in accordance with the waiting period and fee requirements ((contained)) in Section 4.03(d) of this ((R))regulation. Except for the annual notification requirements in Section 4.03 (a)(8) of this regulation, the notification must be submitted on approved forms through the Agency website.

(1) The duration of an asbestos project shall be commensurate with the amount of work involved.

(2) Notification is not required for asbestos projects involving less than 10 linear feet of friable, asbestos-containing material on pipes and/or 48 square feet of friable, asbestos-containing material on other components (per structure, building, or vessel, per calendar year).

(3) Notification is not required for removal and disposal of nonfriable, asbestos-containing material.

(4) Notification is required for all demolitions involving structures with a projected roof area greater than 120 square feet, even if no asbestos-containing material is present.

(5) ((The written notification shall be accompanied by the appropriate nonrefundable fee as set forth in Section 4.03(d) of this Regulation unless prior arrangements for payment have been made with the Agency.)) All demolitions require a 10-day waiting period unless waived under Section 4.03 (c)(1) of this regulation.

(6) A printout ((copy)) of the notification, all amendments to the notification, and the asbestos survey shall be available for inspection at all times at the asbestos project or demolition site.

(7) A ((property owner may file)) notification for multiple asbestos projects or demolitions may be submitted on one form if ((all the following criteria are met:

(A) The work will be performed continuously by the same contractor;

(B) The)) the structures are located in a contiguous area.((; and

(C) A work plan is submitted that includes: a map of the structures involved in the project including the site address for each structure; the amount and type of friable, asbestos-containing material in each structure; and the schedule for performing asbestos project and demolition work. For projects where a detailed work schedule cannot be provided, the asbestos contractor and/or the demolition contractor shall participate in the Agency's work schedule fax program and will continue to participate in the program throughout the duration of the project.))

(8) Annual Notification

A property owner may file one annual notification for asbestos projects to be conducted on one or more structures, vessels, or buildings during each calendar year if all of the following conditions are met:

(A) The annual notification shall be filed with the Agency before commencing work on any asbestos project included in an annual notification;

(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 is less than 260 linear feet on pipes and/or less than 160 square feet on other components; and

(C) The property owner submits quarterly written reports to the Control Officer on Agency-approved forms within 15 days after the end of each calendar quarter.

(b) Amendments

(1) ((Mandatory Amendments))

An amendment shall be submitted to the Control Officer ((for the following changes)) in a notification through the Agency website for the following changes and shall be accompanied by the appropriate nonrefundable fee as set forth in Section 4.03(d) of this ((R))regulation ((unless prior arrangements for payment have been made with the Agency)):

(A) Changes between asbestos and demolition project types;

(((A))) (B) Increases in the ((project type or)) job size category that increase the fee;

(((B) Changes in the type of friable, asbestos-containing material that will be removed;)) or

(C) Changes in the start date, completion date, or work schedule, including hours of work. ((Asbestos contractors or property owners participating in the Agency work schedule fax program are not required to submit amendments for work schedule changes occurring between the start and completion dates.))

(2) Amendments may not be used to add or change project site addresses listed on a previously submitted notification.

(((2) Optional Amendments

(A) An amendment may be submitted to the Control Officer for any other change in a notification and shall be accompanied by the appropriate nonrefundable fee as set forth in Section 4.03(d) of this Regulation unless prior arrangements for payment have been made with the Agency.

(B) Contractors and property owners participating in the Agency work schedule fax program may, within 45 days after the last completion date on record, submit an amendment to the Control Officer for the removal of additional, friable, asbestos-containing material not identified during the asbestos survey. If more than 45 days have lapsed since the last completion date on record, the requirements of Section 4.03(a), including notification periods and fees, shall apply.

(3) Additional structures may not be added to a notification by amendment.))

(c) Emergencies

((The Control Officer may waive the advance notification period, if the property owner submits a written request that demonstrates to the Control Officer that))

(1) The waiting period may waived if an asbestos project or demolition must be conducted immediately because of any of the following:

(((1))) (A) There was a sudden, unexpected event that resulted in a public health or safety hazard;

(((2))) (B) The project must proceed immediately to protect equipment, ensure continuous vital utilities, or minimize property damage;

(((3))) (C) Asbestos-containing materials were encountered that were not identified during the asbestos survey; or

(((4))) (D) The project must proceed to avoid imposing an unreasonable burden.

(2) The waiting period and fees may be waived for disposal of abandoned (without the knowledge or consent of the property owner) friable, asbestos-containing material by written approval of the Control Officer.

(((d) Notification Period and Fees


((Project Notification Period Non-Refundable Fee Demolition Surcharge**
Single-Family Residence
Asbestos Project* prior notice $25
Demolition (with or without asbestos project) 10 days $50
All Other Demolitions (without asbestos project) 10 days $50
All Other Asbestos Projects
10 - 259 linear ft* and/or prior notice (asbestos only) $50
48 - 159 square ft 10 days (demolition) $50
260 - 999 linear ft and/or
160 - 4,999 square ft 10 days $200 $50
1,000+ linear ft and/or
5,000+ square ft 10 days $600 $50
applicable fees
Emergency - 4.03(c)*** prior notice +$50
Amendment - 4.03(b) prior notice $25
Annual Notice - 4.03 (a)(8) prior notice $1,000
*Contractors participating in the Agency work schedule fax program are not required to file a Notice of Intent for asbestos removals in this project category and no fee will be assessed.
**Additional fee for demolitions. All demolitions require a Notice of Intent and a 10-day notification period unless waived per Section 4.03(c).
***The 10-day notification period may be waived per Section 4.03(c) and with payment of the applicable fees + $50. Single-family residences are exempt from the emergency fee; however, property owners must still provide a written request per Section 4.03(c).))

(d) Waiting Period and Fees


Project Waiting Period Asbestos Fee Demolition Fee
Single-Family Residence:
Asbestos Project prior written notification $25
Demolition (with or without asbestos project) 10 days $0 $50
Other than Single-Family Residence:
less than 10 linear ft and/or

less than 48 square ft

10 days for demolition $0 $50
10 - 259 linear ft and/or

48 - 159 square ft

prior written notification for asbestos $50
10 days for demolition $50
260 - 999 linear ft and/or

160 - 4,999 square ft

10 days $200 $50
1,000 + linear ft and/or

5,000 + square ft

10 days $600 $50
Emergency - 4.03(c)* prior written notification applicable fees + $50
Amendment - 4.03(b) prior written notification applicable fees + $25
Annual Notice of Intent - 4.03 (a)(8) prior written notification $1,000

*Single-family residences are exempt from the emergency fee.


((The Control Officer may waive the asbestos project fee and notification period, by written authorization, for disposal of unused and intact or abandoned (without the knowledge or consent of the property owner) friable, asbestos-containing material.))

Reviser's note: The typographical error in the above material occurred in the copy filed by the Puget Sound Clean Air Agency and appears in the Register pursuant to the requirements of RCW 34.08.040.

Washington State Code Reviser's Office