WSR 07-11-036

PROPOSED RULES

SPOKANE COUNTY AIR

POLLUTION CONTROL AUTHORITY

[ Filed May 8, 2007, 11:35 a.m. ]

Original Notice.

Exempt from preproposal statement of inquiry under RCW 34.05.310(4).

Title of Rule and Other Identifying Information: SCAPCA Regulation I, Article IX - Asbestos Control Standards and SCAPCA Regulation I, Article X, Section 10.09 - Asbestos Notification Period and Fees.

Hearing Location(s): Spokane Regional Health Building, 1101 West College, Rooms 320-321, Spokane, WA 99201, on July 12, 2007, at 9:00 a.m.

Date of Intended Adoption: July 12, 2007.

Submit Written Comments to: Deirdre Fitzgerald, 1101 West College, Suite 403, Spokane, WA 99201, e-mail dmfitzgerald@scapca.org, fax (509) 477-6828, by 4:30 p.m. on June 26, 2007.

Assistance for Persons with Disabilities: Contact Barbara Nelson by 4:30 p.m. on June 26, 2007, (509) 477-4727.

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: Amend asbestos control standards for clarification and to streamline some requirements pertaining to nonfriable asbestos roofing projects. The regulation should continue to limit and control asbestos emissions primarily resulting from asbestos removal, renovation, and demolition projects.

Reasons Supporting Proposal: Provide clarification on many issues that have arisen since the regulations were last revised in 1998. Asbestos is a known human carcinogen. Fiber release must be controlled in order to protect public health.

Statutory Authority for Adoption: RCW 70.94.141, 70.94.380(2).

Statute Being Implemented: Chapter 70.94 RCW and U.S.C. 7401 et seq., 42 U.S.C. 7412.

Rule is necessary because of federal law, [42 U.S.C. 7401 et seq., 42 U.S.C. 7412].

Name of Proponent: Spokane County Air Pollution Control Authority (SCAPCA), governmental.

Name of Agency Personnel Responsible for Drafting: Deirdre Fitzgerald, SCAPCA, 1101 West College, Suite 403, Spokane, WA 99201, (509) 477-4727; Implementation and Enforcement: Matt Holmquist, SCAPCA, 1101 West College, Suite 403, Spokane, WA 99201, (509) 477-4727.

No small business economic impact statement has been prepared under chapter 19.85 RCW. This is a local air pollution control authority rule and as such, chapter 19.85 RCW does not apply.

A cost-benefit analysis is not required under RCW 34.05.328. This is a local agency rule and pursuant to RCW 70.94.141(1), RCW 34.05.328 does not apply to this rule.

May 7, 2007

Matt Holmquist

Compliance Administrator

AMENDATORY SECTION


SCAPCA Regulation I, Article IX - Asbestos Control Standards


SECTION 9.01 PURPOSE


The Board of Directors of the ((Spokane County Air Pollution Control Authority)) Spokane Regional Clean Air Agency recognizes that airborne asbestos is a serious health hazard. Asbestos fibers released into the air can be inhaled and cause lung cancer, pleural mesothelioma, peritoneal mesothelioma or asbestosis. The Board of Directors has adopted this regulation to control asbestos emissions primarily resulting from asbestos removal, renovation, and demolition projects in order to protect the public health.

SECTION 9.02 DEFINITIONS


A. AHERA Building Inspector means a person who has successfully completed the training requirements for a building inspector established by EPA Asbestos Model Accreditation Plan: Interim Final Rule (40 CFR Part 763, Appendix C to Subpart E, I.B.3) and whose certification is current.

B. AHERA Project Designer means a person who has successfully completed the training requirements for an abatement project designer established by EPA Asbestos Model Accreditation Plan: Interim Final Rule (40 CFR Part 763, Appendix C to Subpart E, I.B.5.) and whose certification is current.

C. Asbestos means the asbestiform varieties of actinolite, amosite (cummingtonite-grunerite), tremolite, chrysotile (serpentinite), crocidolite (riebeckite), or anthophyllite.

D. Asbestos-Containing Material means any material containing more than one percent (1%) asbestos as determined using the method specified in EPA regulations Appendix A, Subpart F, 40 CFR Part 763, Section 1, Polarized Light Microscopy or a more effective method as approved by EPA. It includes any material presumed or assumed to be asbestos-containing.

E. Asbestos-Containing Waste Material means any waste that contains or is contaminated with asbestos-containing material except for nonfriable asbestos-containing roofing that remains nonfriable. Asbestos-containing waste material includes asbestos containing material that has been disturbed or deteriorated in a way that is no longer an integral part of the structure or component, asbestos waste from control equipment, materials used to enclose the work area during an asbestos project, asbestos-containing material collected for disposal, asbestos-contaminated waste, debris, containers, bags, protective clothing, or HEPA filters. Asbestos-containing waste material does not include samples of asbestos-containing material taken for testing or enforcement purposes.

F. Asbestos Project means any activity involving the abatement, renovation, demolition, removal, salvage, clean-up or disposal of asbestos-containing material, or any other action or inaction that disturbs or is likely to disturb any asbestos-containing material. It includes the removal and disposal of ((stored)) asbestos-containing material or asbestos-containing waste material. It does not include the application of duct tape, rewettable glass cloth, canvas, cement, paint, or other non-asbestos materials to seal or fill exposed areas where asbestos fibers may be released nor does it include nonfriable asbestos-containing roofing material that will not be rendered friable.

G. Asbestos Survey means a written report resulting from a thorough ((describing an)) inspection using the procedures and analysis in EPA regulations (40 CFR 763.85, ((and)) 40 CFR 763.86 and 40 CFR 763.87), or an alternate asbestos survey method that has received prior written approval from the Control Officer, to determine whether materials or structures to be worked on, renovated, removed, or demolished (including materials on the outside of structures) contain asbestos. In addition to requirements in 40 CFR 763.85, & 40 CFR 763.86 & 40 CFR 763.87 asbestos surveys shall contain the approximate quantity and location of each material determined to contain asbestos and a schematic showing the locations where each bulk asbestos sample was taken. The condition and friability of asbestos-containing materials shall also be described in the asbestos survey. Any material presumed or assumed to be asbestos-containing material need not be sampled and tested for asbestos, but materials presumed to be asbestos-containing material shall be identified as such in the asbestos survey.

H. 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 the hazards, and has been trained and is currently certified in accordance with the standards established by the Washington State Department of Labor and Industries, the federal Occupational Safety & Health Administration, or the United States Environmental Protection Agency (whichever agency has jurisdiction).

I. Contiguous means properties adjoining one another or in close proximity that have the same property owner.

((I)) J. Component means any equipment, pipe, structural member, or other item or material. ((covered or coated with, or manufactured from, asbestos-containing material.))

K. 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.

((J)) L. Demolition means wrecking, razing, leveling, dismantling, or burning of a structure, making the structure permanently uninhabitable or unusable in part or whole.

M. Disposal Container means a carton, bag, drum, box, or crate designed for the purpose of safely transporting and disposing of asbestos-containing waste material.

((K)) N. Friable Asbestos-Containing Material means asbestos-containing material that, when dry, can be crumbled, disintegrated, pulverized, 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. Each of these descriptions is separate and distinct (i.e., asbestos-containing material that, when dry, can be (a) crumbled by hand pressure or by the forces expected to act upon the material in the course of renovation, demolition, or disposal; (b) disintegrated or pulverized by hand pressure or by the forces expected to act upon the material in the course of renovation, demolition, or disposal; or (c) reduced to powder by hand pressure or by the forces expected to act upon the material in the course of renovation, demolition, or disposal). Such materials include, but are not limited to, thermal system insulation, surfacing material, Nicolet roofing paper, and cement asbestos products.

((L)) O. Leak-Tight Container means a dust-tight and liquid tight container, at least 6-mil thick, that encloses 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 sealed polyethylene plastic.

((M)) P. Nonfriable Asbestos-Containing Material means asbestos-containing material that is not friable, (e.g., when dry, cannot be crumbled, disintegrated, pulverized, 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).

Q. Nonfriable Asbestos-Containing Roofing means an asbestos-containing roofing material where all of the following apply:

1. The roofing is a nonfriable asbestos-containing material not asphalt coated asbestos felting or similar built-up roofing;

2. The roofing is in good condition and is not peeling, cracking, or crumbling;

3. The roofing binder is petroleum-based and asbestos fibers are suspended in that base with individual fibers still encapsulated; and

4. The roofing binder exhibits enough plasticity to prevent the release of asbestos fibers in the process of removing and disposing of it.

((N)) R. Owner-Occupied, Single-Family Residence means any non-multiple unit building containing ((living)) space for uses such as living, sleeping, preparation of food, and eating that is used ((that is currently occupied)) by one family who owns the property as their domicile both prior to and after renovation or demolition. This term includes houses, mobile homes, trailers, detached garages, houseboats, and 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 (e.g., a business being operated out of a residence), structure, or installation that contains a residential unit. This term does not include structures used for structural fire training exercises performed pursuant to Regulation I, Article VI, Section 6.01.

S. Owner's Agent means any person who leases, operates, controls, or is responsible for an asbestos project, renovation, or demolition. It also includes the person submitting (signing) an NOI and/or performing the asbestos survey.

((O)) T. Person means any individual, firm, public or private corporation, association, partnership, political subdivision, municipality, or government agency.

((P)) U. Renovation means altering a structure or component in any way, other than demolition.

V. Structure means something built or constructed, in part or in whole. Examples include, but are not limited to, the following in part or in whole: houses, garages, commercial buildings, bridges, "smoke" stacks, pole-buildings, canopies, lean-twos, foundations, equipment, and other parts and miscellaneous components.

((Q)) W. Surfacing Material means material that is sprayed-on, troweled-on, or otherwise applied to surfaces including, but not limited to, acoustical plaster on ceilings, paints ((or panes)), fireproofing material on structural members, or other material on surfaces for decorative purposes.

((R)) X. 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 cement siding.

((S)) Y. Thermal System Insulation means material applied to pipes, fittings, boilers, tanks, ducts, or other structural components to prevent heat loss or gain.

Z. Visible Emissions means any emissions that are visually detectable without the aid of instruments. The term does not include condensed uncombined water vapor.

AA. Wallboard System means joint compound and tape specifically applied to cover nail holes, cracks and wall corners. It does not mean "add on materials" such as sprayed on materials, paints, textured ceilings or wall coverings. Wallboard systems where joint compound and tape have become an integral system (40 CFR Part 61 FRL4821-7) may be analyzed as a composite sample for determining if it is an asbestos-containing material.

BB. Waste Generator means any owner or owner's agent that generates, produces, or is in part or whole, responsible for an activity that results in asbestos-containing waste material.

CC. Workday means Monday through Friday 8:00 a.m. to 4:30 p.m. excluding legal holidays observed by the Authority.

((T)) DD. Work Schedule Fax Program means a program whereby the property owner or owner's agent provides prior notice by facsimile to the Authority of the specific location and date of the asbestos project or demolition on a form approved by the Authority.

SECTION 9.03 ASBESTOS SURVEY REQUIREMENTS


Except as provided below, an AHERA building inspector shall perform an asbestos survey as defined in Section 9.02.G of this Regulation prior to renovation or demolition.

A. Requirements for Renovations.

Except as provided for in Section 9.03.A.1. ((it shall be unlawful for any person to cause or allow any renovation unless prior to renovation, the property owner or the owner's agent obtains an asbestos survey, performed by an AHERA building inspector.)) 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.

((1. Asbestos surveys associated with the renovation of an owner-occupied, single-family residence need not be performed by an AHERA building inspector.))

1. Owner-Occupied, Single-Family Residence Renovation Performed by the Owner-Occupant.

Asbestos surveys associated with the renovation of an owner-occupied, single-family residence by the owner-occupant, need not be performed by an AHERA building inspector and need not be an asbestos survey as defined in Section 9.02.G. of this Regulation. An owner occupant's assessment for the presence of asbestos prior to renovation of an owner-occupied, single-family residence will suffice. A written asbestos survey is not required.

((2. A summary of the results of an asbestos survey shall be posted, either by the property owner or the owner's agent at the work site or communicated in writing to all persons who may come into contact with the material.

3. The property owner or owner's agent shall retain a copy of all asbestos survey records for at least 2 years.))

2. Asbestos Survey Posting

Except as provided for in Section 9.03.A.1 of this Regulation, a summary of the results of an asbestos survey shall be posted by the property owner or the owner's agent in a readily accessible and visible area at the work site for all persons at the work site.

3. Asbestos Survey Retention.

The property owner or owner's agent and the AHERA building inspector that performed the survey, when applicable, shall retain a complete copy of the asbestos survey for at least 2 years and make it available to the Authority upon request.

4. Determination of the Presence of Asbestos-Containing Material.

a. Except as provided for in Section 9.03.A.1, only an AHERA building inspector may determine, by performing an asbestos survey as defined in Section 9.02.G, that a suspect material does not contain asbestos.

b. It is not required that an AHERA building inspector evaluate any material presumed to be asbestos containing.

B. Requirements for Demolition.

It shall be unlawful for any person to cause or allow any demolition, except as provided by RCW 52.12.150(6), unless prior to demolition, the property owner or the owner's agent obtains an asbestos survey, performed by an AHERA building inspector.

((1. A summary of the results of the asbestos survey shall be posted, either by property owner or the owner's agent, at the work site or communicated in writing to all persons who may come into contact with the material.))

1. Asbestos Survey Posting.

Except as provided for in Section 9.03.A.1 of this Regulation, a summary of the results of an asbestos survey shall be posted by the property owner or the owner's agent in a readily accessible and visible area at the work site for all persons at the work site.

((2. The property owner or owner's agent shall retain a copy of all asbestos survey records for at least 2 years.))

2. Asbestos Survey Retention.

The property owner or owner's agent and the AHERA building inspector that performed the survey when applicable shall retain a complete copy of the asbestos survey for at least 2 years and make it available to the Authority upon request.

3. Determination of the Presence of Asbestos-Containing Material.

a. Except as provided by RCW 52.12.150(6), only an AHERA building inspector may determine by performing an asbestos survey that a suspect material does not contain asbestos.

b. It is not required that an AHERA building inspector evaluate any material presumed to be asbestos containing.

C. Alternate Asbestos Survey Method.

An alternate asbestos survey method shall be submitted to the Control Officer for approval prior to sampling, at a minimum, on occasions when conventional sampling methods required in Section 9.02.G of this Regulation can not or will not be exclusively performed. For example, conventional sampling methods may not be possible on fire damaged buildings or portions thereof, rubble or debris piles, and ash or soil, because they are not structures with intact materials and identifiable homogeneous areas. Alternate asbestos survey methodology may be used alone or, when possible, in combination with conventional survey methodology. An alternate asbestos survey methodology typically involves random sampling according to a grid pattern, but is not limited to such. An illustration of how the principles of such sampling techniques are applied can be found in the EPA publication, Preparation of Soil Sampling Protocols: Sampling Techniques & Strategies, EPA/600/R-92/128, July 1992.

SECTION 9.04 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 required fee and any additional information requested by the Control Officer, has been submitted to the Authority on approved forms by the property owner or owner's agent, in accordance with the advance notification period requirements contained in Article X, Section 10.09 of this Regulation.

1. The advance notification period shall begin on the workday a complete notification is received by the Authority and shall end after the advance notification period in Section 10.09 has passed (e.g., The advance notification period for a notification submitted after 4:30 p.m. on a Friday shall not begin until the following Monday, provided Monday is not a holiday observed by the Authority. A 10 day notification period means work on an asbestos project or demolition can begin on day 11.

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

((2)) 3. Notification is not required for asbestos projects involving less than 10 linear feet or 48 square feet (per structure, per calendar year) of any asbestos-containing material. Owners and/or owner's agents must file notification once the 10 linear feet or 48 square feet has been reached on any asbestos project or multiple asbestos project.

((3)) 4. Notification is not required for removal and disposal of the following nonfriable asbestos-containing materials: caulking, window-glazing, or roofing. All other asbestos project and demolition requirements remain in effect except as provided by Article IX.

((4)) 5. Notification is not required for renovations involving owner-occupied, single-family residences. All other asbestos project and demolition requirements remain in effect except as provided by Article IX.

((5)) 6. 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. All other demolition requirements remain in effect.

((6)) 7. A copy of the notification, all amendments to the notification, the asbestos survey, and any Order of Approval for an alternate means of compliance shall be made available for inspection at all times at the asbestos project or demolition site.

((7)) 8. Multiple Asbestos Projects

Notification for multiple asbestos projects or demolitions may be filed by a property owner or owner's agent on one form if all the following criteria are met:

a. The notification applies only to contiguous properties having the same owner.

b. The work will be performed by the same abatement and/or demolition contractor.

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 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 property owner or owner's agent shall participate in the Authority's work schedule fax program and will continue to participate in the program throughout the duration of the project.))

i. a map of the structures involved in the project;

ii. the site address for each structure;

iii. the amount and type of asbestos-containing material in each structure;

iv. the schedule for performing asbestos project and demolition work (for projects where a detailed work schedule cannot be provided, the property owner or owner's agent shall participate in the Authority's work schedule fax program and will continue to participate in the program throughout the duration of the project);

v. a copy of the asbestos survey for all structures that do not contain asbestos containing material; and

vi. any other information requested by the Authority.

((8. Annual Notification.

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

a. The notification applies only to single, contiguous property.

b. The annual notification is filed with the Authority before commencing work on any asbestos project included in the annual notification.

c. 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 or less than 160 square feet on other components.

d. The property owner submits quarterly written reports to the Authority on approved forms within 15 days after the end of each calendar quarter.))

9. The property owner or owner's agent shall retain a copy of all asbestos notification records for at least 2 years and make them available to the Authority upon request.

10. Fee for Work Done Without Notification.

Where any work on an asbestos project or demolition, for which notification is required, is commenced or performed prior to making notification, except as provided for in Section 9.04.C, the Control Officer may conduct a compliance investigation and assess a fee. In such case, a compliance investigation fee, as established in Section 10.09(c) of this Regulation, shall be paid by the applicant in addition to the fees required in Section 10.09(a) of this Regulation. Payment of fees does not relieve any person from the requirement to comply with the regulations nor from any penalties for failure to comply.

11. Notification Expiration.

Notifications are valid for no more than twelve months from the earliest original notification start date. A new notification shall be submitted to the Authority for work to be performed beginning or continuing more than twelve months from the earliest original notification start date and shall be accompanied by the appropriate nonrefundable fee as set forth in Section 10.09(a) of this Regulation.

B. Amendments.

1. Mandatory Amendments.

An amendment shall be submitted to the Authority for any of the following changes in notification and shall be accompanied by the appropriate nonrefundable fee as set forth in Section 10.09(a) of this Regulation:

a. ((Increases)) Changes in the project type (e.g., from asbestos removal only to asbestos removal and demolition) or cancellation of a project filed under a notification; ((or job size category that increase the fee or change the advance notification period; or

b. Changes in the type of asbestos-containing material that will be removed; or))

b. Increases in the job size category which increase the fee or changes the advance notification period;

c. Changes in the type of asbestos-containing material that will be removed;

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

d. Changes in the asbestos project start date or demolition start date including placing a project "on hold" or "off hold" (e.g., an asbestos project is temporarily delayed and a new start date has not been confirmed);

e. Changes in the asbestos project completion date;

f. Changes in the asbestos project work schedule, including days and hours of work (Asbestos contractors or property owners participating in the Authority's work schedule fax program, as defined in this Regulation, are not required to submit amendments for work schedule changes such as days of the week and hours of the day occurring between the asbestos project start and completion date); or

g. An amendment must be submitted to the Authority for any other change in a notification (e.g., changing a demolition contractor) ((and shall be accompanied by the appropriate nonrefundable fee as set forth in Section 10.09(a) of this Regulation)).

((2. Optional Amendments. An amendment may be submitted to the Authority for any other change in a notification and shall be accompanied by the appropriate nonrefundable fee as set forth in Section 10.09(a) of this Regulation.))

((3)) 2. Opportunity for Amendment.

In no case shall an amendment be accepted and approved by the Authority if it is filed after the last completion date on record. In the case of additional work to be performed after the last completion date on record, a new notification shall be submitted to the Authority and shall be accompanied by the appropriate nonrefundable fee as set forth in Section 10.09(a) of this Regulation.

C. Emergencies.

1. Advance Notice

The Control Officer may waive the advance notification period, if the property owner or owner's agent submits a written request, demonstrating to the Control Officer that an asbestos project or demolition must be conducted immediately because of any of the following:

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

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

c. Asbestos-containing materials were encountered that were not identified during the asbestos survey; or

d. The project must proceed to avoid imposing an unreasonable financial burden.

2. When Advance Notice is Not Possible

Advance notification shall not be required to commence an asbestos project or demolition which would normally require advance notification pursuant to Section 9.04 and 10.09 of this Regulation, if all of the following criteria are met:

a. A notification shall be filed with the Authority not later than the first working day after the asbestos project or demolition is commenced and shall be accompanied by a written request from the property owner or owner's agent, demonstrating to the Control Officer that an asbestos project or demolition was conducted without advance notification because of life endangerment or other serious consequences.

b. For purposes of compliance with Section 9.04 and 10.09, the Control Officer shall determine whether the asbestos project or demolition, commenced before approval by the Authority, meets the requirements of this subsection.

SECTION 9.05 ASBESTOS REMOVAL REQUIREMENTS PRIOR TO RENOVATION OR DEMOLITION


A. Removal of Asbestos Prior to Renovation or Demolition.

1. Except as provided in Sections 9.05.B., 9.07.B. and 9.08.C., of this Regulation, it shall be unlawful for any person to cause or allow any demolition or renovation or demolition that may:

a. disturb asbestos-containing material without first removing all asbestos-containing material in accordance with the requirements of this Regulation; or

b. damage a structure so as to preclude access to asbestos-containing material for future removal, without first removing all asbestos-containing material in accordance with the requirements of this Regulation.

2. Except as provided in Sections 9.07.B and 9.08.C of this Regulation, it shall be unlawful for any person to create or allow a condition, involving an existing structure, that will likely result in the disturbance of asbestos-containing material (e.g., not removing all asbestos-containing material in a structure scheduled for demolition or partially removing asbestos-containing material and leaving remaining asbestos-containing material in a state that makes it more susceptible to being disturbed).

3. Asbestos-containing material need not be removed from a component if, prior to renovation or demolition, the component is removed for reuse, stored for reuse, or transported for reuse without disturbing or damaging the asbestos-containing material.

B. Exception for Hazardous Conditions.

Asbestos-containing material need not be removed prior to a demolition, if the property owner or owner's agent demonstrates to the Control Officer that it is not accessible (e.g., asbestos survey cannot be performed or asbestos cannot be removed prior to demolition) because of hazardous conditions such as: structures or buildings that are structurally unsound ((and)) or in danger of imminent collapse, or other conditions that are immediately dangerous to life and health. The property owner or owner's agent 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 and disposal of the asbestos-containing waste material. The Exception for Hazardous Conditions plan (i.e., hazardous conditions determination and procedures) shall be submitted to the Authority for approval with a complete notification pursuant to Section 9.04 of this Regulation.

1. At a minimum, all of the following procedures shall be incorporated into the Exception for Hazardous Conditions plan and followed by the owner or owner's agent unless equally effective work practices and procedures are submitted to, and approved by, the Authority:

a. Presume that the structure contains friable and nonfriable asbestos-containing material and treat all demolition debris as asbestos-containing waste material;

b. Follow the procedures for asbestos projects in Section 9.06 of this Regulation;

c. Remove and dispose of a minimum of six inches of soil beneath and six feet of soil around the demolition debris pile as asbestos-containing waste material or submit a sampling plan for approval, for demonstrating that soil has not been contaminated from the asbestos project; and

d. Make air monitoring data available for the Authority to review, upon request, for 2 years from the date the Control Officer approves the plan.

SECTION 9.06 PROCEDURES FOR ASBESTOS PROJECTS


A. Training Requirements.

It shall be unlawful for any person to cause or allow any work on an asbestos project unless it is performed by persons trained and 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) and whose certification is current.

This certification requirement does not apply to asbestos projects conducted in an owner-occupied, single-family residence performed by the resident owner of the dwelling.

B. Asbestos Removal Work Practices.

Except as provided in Section ((9.06.C)) 9.07.A (Method of Removal for Nonfriable Asbestos-Containing Roofing Materials) and Section ((9.07)) 9.08 (Alternate means of Compliance) of this Regulation, it shall be unlawful for any person to cause or allow the removal of asbestos-containing material unless all the following requirements are met:

1. 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, including occasions when asbestos abatement is not actively occurring (e.g., when workers are on break or temporarily off-site).

2. If a negative pressure enclosure is employed it shall be equipped with transparent viewing ports, if feasible, and shall be maintained in good working order.

3. Absorbent materials, such as surfacing material and thermal system insulation, shall be saturated with a liquid wetting agent prior to removal. Wetting shall continue until all the material is permeated with the wetting agent. Any unsaturated surfaces exposed during removal shall be wetted immediately and kept wet until sealed in leak-tight containers.

4. Nonabsorbent materials, such as cement asbestos board or vinyl asbestos tile, shall be continuously coated with a liquid wetting agent on any exposed surface prior to and during removal. They shall be wetted after removal, as necessary, to assure they are wet when sealed in leak-tight containers. Any dry surfaces exposed during removal shall be wetted immediately and kept wet until sealed in leak-tight containers.

5. Metal components (such as valves, fire doors, and reactor vessels) that have internal asbestos-containing material do not require wetting of the asbestos-containing material if all access points to the asbestos-containing materials are welded shut or the component has mechanical seals, which cannot be removed by hand, that separate the asbestos-containing material from the environment.

6. Except for surfacing material being removed inside a negative pressure enclosure, asbestos-containing material that is being removed, has been removed, or may have fallen off components during an asbestos project shall be carefully lowered to the ground or the floor, not dropped, thrown, slid, or otherwise damaged.

7. All asbestos-containing waste material shall be kept wet and shall be sealed in leak-tight containers while still wet, as soon as possible after removal but no later than the end of each work shift.

8. The exterior of each leak-tight container shall be free of all asbestos residue and shall be permanently labeled with an asbestos warning sign as specified by the Washington State Department of Labor and Industries or the federal Occupational Safety and Health Administration.

9. Immediately after sealing, each leak-tight container shall be permanently marked with the date the material was collected for disposal, the name of the waste generator, and the address at which the waste was generated. This marking must be readable without opening the container.

10. Leak-tight containers shall not be dropped, thrown, slid, or otherwise damaged.

11. The asbestos-containing waste material shall be stored in a controlled area until transported to, and disposed of at, a((n approved)) waste disposal site approved to accept asbestos-containing waste material.

12. No visible emissions shall result from an asbestos project.

SECTION 9.07 PROCEDURES FOR NONFRIABLE ASBESTOS-CONTAINING ROOFING MATERIAL


((C)) A. Method of Removal for Nonfriable Asbestos-Containing Roofing Material.

All of the following asbestos removal methods shall be employed for nonfriable asbestos-containing roofing material ((that has been determined to be nonfriable by a Competent Person or an AHERA Building Inspector:))

1. The nonfriable asbestos-containing roofing material shall be removed using methods, such as spud bar and knife, which do not render the material friable. Removal methods such as sanding, grinding, abrading, or sawing ((or grinding)) shall not be employed unless the material that is disturbed is handled as friable asbestos-containing material in accordance with this Regulation.

((2. Dust control methods shall be used as necessary to assure no fugitive dust is generated from the removal of nonfriable asbestos-containing roofing material.

3. Nonfriable asbestos-containing roofing material shall be carefully lowered to the ground to prevent fugitive dust.))

2 ((4. After being lowered to the ground, the n)) Nonfriable asbestos-containing roofing material shall be ((immediately)) transferred to a disposal container as soon as possible after removal, but no later than the end of each work shift.

3 5. Each disposal container shall have a sign identifying the material as nonfriable asbestos-containing roofing material and shall be transported to, and disposed of at, an approved waste disposal site in compliance with applicable local, state, and federal regulations.

B. Leaving Nonfriable Asbestos-Containing Roofing Material in Place During Demolition

Nonfriable asbestos-containing roofing material may be left in place during a demolition, except for demolition by burning, if all of the following are met:

a. A signed and dated written determination is submitted to SCAPCA with the notification for demolition, and includes all of the following:

i. the person making the determination is an AHERA Project Designer;

ii. a summary of the evaluation performed within the past 12 months, including a description of the type and current condition of asbestos-containing roofing materials;

iii. a summary of the work practices and engineering controls that will be used;

iv. a determination that nonfriable asbestos-containing roofing material will remain nonfriable during all demolition activities and subsequent disposal of the debris; and

v. any other information requested by the Authority.

b. The proposal is approved by the Authority.

c. The owner or owner's agent complies with any conditions of approval.

SECTION ((9.07)) 9.08 ALTERNATE MEANS OF COMPLIANCE


The plan for using an alternate means of compliance as provided below shall be submitted to the Authority for Approval with a complete notification pursuant to Section 9.04 of this Regulation.

A. Friable Asbestos-Containing Material Removal Alternative.

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 Control Officer that the planned control method will be equally as effective as the work practices contained in Section 9.06.B of this Regulation in controlling asbestos emissions. The property owner or the owner's agent shall document through air monitoring, both upwind and downwind or at the exhaust from the controlled area, that the asbestos fiber concentrations outside the controlled area do not exceed 0.01 fiber/cc, 8 hour average.

The Control Officer may require conditions in the Order of Approval that are reasonably necessary to assure the planned control method is as effective as wetting, and may revoke the Order of Approval for cause.

B. Nonfriable Asbestos-Containing Material Removal Alternative.

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 proposed work practices, and the engineering controls, and demonstrates to the Control Officer that the planned control method will be equally as effective as the work practices contained in Section 9.06.B of this Regulation in controlling asbestos emissions.

The Control Officer may require conditions in the Order of Approval that are reasonably necessary to assure the planned control method is as effective as wetting, and may revoke the Order of Approval for cause.

C. Leaving Nonfriable Asbestos-Containing Material in Place During Demolition (Other than Nonfriable Asbestos-Containing Roofing Material per Section 9.07.B of this Regulation).

Nonfriable asbestos-containing material may be left in place during a 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 and condition of asbestos-containing materials involved, the proposed work practices, and the engineering controls, and demonstrates to the Control Officer that the asbestos-containing material will remain nonfriable during all demolition activities and the subsequent disposal of the debris.

The Control Officer may require conditions in the Order of Approval that are reasonably necessary to assure the planned control method is as effective as wetting, and may revoke the Order of Approval for cause.

SECTION ((9.08)) 9.09 DISPOSAL OF ASBESTOS-CONTAINING WASTE MATERIAL

A. Disposal Within 10 Days of Removal.

Except as provided in Section ((9.08.C and 9.08.D)) 9.09.C. of this Regulation, it shall be unlawful for any person to cause or allow the disposal of asbestos-containing waste material unless it is deposited within 10 days of removal at a waste disposal site authorized to accept such waste.

B. Waste Tracking Requirements.

It shall be unlawful for any person to cause or allow the disposal of asbestos-containing waste material unless all of the following requirements are met:

1. Maintain waste shipment records, beginning prior to transport, using a form that includes all of the following information:

a. The name, address, and telephone number of the waste generator.

b. The approximate quantity in cubic meters or cubic yards.

c. The name and telephone number of the disposal site operator.

d. The name and physical site location of the disposal site.

e. The date transported.

f. The name, address, and telephone number of the transporter.

g. A certification that the contents of the consignment are fully and accurately described by proper shipping name and are classified, packed, marked, and labeled, and are in all respects in proper condition to transport by highway according to applicable waste transport regulations.

2. Provide a copy of the waste shipment record to the disposal site owner or operator at the same time the asbestos-containing waste material is delivered.

3. If a copy of the waste shipment record, signed by the owner or operator of the disposal site, is not received by the waste generator within 35 calendar days of the date the waste was accepted by the initial transporter, contact the transporter and/or the owner or operator of the disposal site to determine the status of the waste shipment.

4. If a copy of the waste shipment record, signed by the owner or operator of the disposal site, is not received by the waste generator within 45 days of the date the waste was accepted by the initial transporter, report in writing to the Control Officer. Include in the report, a copy of the waste shipment record and cover letter signed by the waste generator, explaining the efforts taken to locate the asbestos waste shipment and the results of those efforts.

5. Retain a copy of all waste shipment records for at least 2 years, including a copy of the waste shipment record signed by the owner or operator of the designated waste disposal site. A copy of waste shipment records shall be provided to the Authority upon request.

C. Temporary Storage Site.

A person may establish a facility for the purpose of collecting and temporarily storing asbestos-containing waste material if the facility is approved by the Control Officer and all of the following conditions are met:

1. A complete application for Temporary Storage of asbestos containing waste material is submitted to and approved by the Authority.

2. The application must be accompanied by a $55 non-refundable fee.

((1)) 3. Accumulated asbestos-containing waste material shall be kept in a controlled storage area posted with asbestos warning signs and accessible only to authorized persons.

((2)) 4. All asbestos-containing waste material shall be stored in leak-tight containers which are maintained in leak-tight condition.

((3)) 5. The storage area must be locked except during transfer of asbestos-containing waste material.

((4)) 6. Storage, transportation, disposal, and return of the waste shipment record to the waste generator shall not exceed 90 days.

7. Effective January 1, 2008, Temporary Storage of asbestos-containing waste material approvals are valid for the calendar year in which they are issued.

D. Disposal of Asbestos Cement Pipe.

Asbestos cement pipe may be buried in place if the pipe is left intact (e.g., not moved, broken or disturbed) and covered with at least 3 feet or more of non-asbestos fill material.

SECTION 9.10 COMPLIANCE WITH OTHER RULES


A. Other Requirements.

Other government agencies have adopted rules that may apply to asbestos regulated under these rules including, but not limited to, the U.S Environmental Protection Agency, the U.S. Occupational safety and Health Administration, and the Washington State Department of Labor and Industries. Nothing in the Authority's rules shall be construed as excusing any person from complying with any other applicable local, state, or federal requirement.

The Authority implements and enforces the requirements of 40 CFR Part 61 Subpart M (except for asbestos on roadways, asbestos demolition or renovation activities subject to 40 CFR 61.145).

AMENDATORY SECTION


SRCAA Regulation I, Article X, Section 10.09 - Asbestos Notification Period and Fees


A. Written notification, as required in Article IX, Section 9.04, shall be accompanied by the appropriate nonrefundable fee, as follows:


Project Size or Type Notification Period Fee
Owner-Occupied, Single-Family Residence Asbestos Project (excluding demolition) Notification Not Required None None
Owner-Occupied, Single-Family Residence Demolition All Prior Notice Per the Fee Schedule
All Other Demolitions with no asbestos project All 10 Days Per the Fee Schedule
Asbestos Project includes demolition fee* 10-259 linear ft 48-159 square ft 3 Days Per the Fee Schedule
Asbestos Project includes demolition fee 260-999 linear ft

160-4,999 square ft

10 Days Per the Fee Schedule
Asbestos Project includes demolition fee > 1,000 linear ft

> 5,000 square ft

10 Days Per the Fee Schedule
Amendment*** 9.04.B Prior Notice Per the Fee Schedule
Emergency 9.04.C Prior Notice** ((Additional fee equal to project fee))

Per the Fee Schedule

((Amendment*** 9.04.B Prior Notice Per the Fee Schedule))
Exception for Hazardous Conditions 9.05.B Concurrent with Project Per the Fee Schedule
Leaving Nonfriable Asbestos in Place During Demolition 9.07.B Concurrent with Project Per the Fee Schedule
Alternate Means of Compliance ((demolitions or friable asbestos containing material)) (friable asbestos removal alternative, nonfriable asbestos removal alternative, and leaving nonfriable asbestos in place during demolition (except for roofing)) ((9.07.A or C))

9.08.A, B, and C

10 Days ((Additional fee equal to project fee))

Per the Fee Schedule

((Alternate Means of Compliance (non-friable asbestos-containing material) 9.07.B 10 Days Additional fee equal to project fee
Exception for Hazardous Conditions 9.05.B Concurrent with Project Regular Project fee))

* Demolitions with asbestos projects involving less than 10 linear feet or less than 48 square feet may submit an asbestos project notification under this project category and will be eligible for the 3-day notification period.


** Except in the case where advance notice is not required pursuant to Section 9.04.C.2.


*** For an amendment where the project type or job size category is associated with a higher fee, a fee equal to the difference between the fee associated with the most recently submitted notification and the fee associated with the increased project type or job size category shall be submitted.


1. The Board shall periodically review the fee schedule for notifications submitted pursuant to Section 9.04 and determine if the total projected fee revenue to be collected pursuant to this Section is sufficient to fully recover program costs. Any proposed fee revisions shall include opportunity for public review and comment. Accordingly, the Agency shall account for program costs, including employee costs and overhead. If the Board determines that the total projected fee revenue is either significantly excessive or deficient for this purpose, then the Board shall amend the fee schedule to more accurately recover program costs.

B. The Control Officer may waive part or all of 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) asbestos-containing materials. All other asbestos project and demolition requirements remain in effect.

C. Where a compliance investigation is conducted pursuant to Section 9.04 of this Regulation, the compliance investigation fee shall be equal to $50 per hour of compliance investigation.

D. The asbestos project fee in Section 10.09.a is waived for any demolition performed in accordance with RCW 52.12.150(6), where the good faith inspection is an asbestos survey, as defined in Section 9.02.G, performed by an AHERA Building Inspector, as defined in Section 9.02.A.

E. Fees shall be paid without regard to whether the request(s) associated with this Section are approved or denied.

Reviser's note: The typographical errors in the above material occurred in the copy filed by the Spokane County Air Pollution Control Authority and appear in the Register pursuant to the requirements of RCW 34.08.040.

Washington State Code Reviser's Office