PERMANENT RULES
AGENCY
Effective Date of Rule: Thirty-one days after filing.
Purpose: SRCAA Regulation I, Article IX - Largely clarify existing regulations and streamline activities associated with nonfriable asbestos-containing roofing materials. Article X, Section 10.09 - Asbestos fees placed in fee schedule and may be adjusted following a public notice, comment period, and public hearing. Section 10.06 - A provision added for periodic fee review.
Citation of Existing Rules Affected by this Order: Amending SRCAA Regulation I, Articles IX and X, Sections 10.06 and 10.09.
Statutory Authority for Adoption: RCW 70.94.141(1), 70.94.380(2).
Other Authority: Chapter 70.94 RCW and U.S.C. 7401 et seq., 42 U.S.C. 7412.
Adopted under notice filed as WSR 07-11-036 on May 8, 2007, and WSR 07-11-054 on May 10, 2007.
A final cost-benefit analysis is available by contacting Brenda Smits, 1101 West College, Suite 403, Spokane, WA 99201, phone (509) 477-4727, fax (509) 477-6828, e-mail bsmits@spokanecleanair.org. This is a local agency rule and RCW 34.05.328 does not apply pursuant to RCW 70.94.141(1).
Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 3, Repealed 0.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.
Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.
Date Adopted: July 12, 2007.
Brenda Smits
Air Quality Specialist II
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.
Reviser's note: The typographical error in the above material occurred in the copy filed by the Spokane Regional Clean Air Agency and appears in the Register pursuant to the requirements of RCW 34.08.040.
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.
Reviser's note: The typographical errors in the above material occurred in the copy filed by the Spokane Regional Clean Air Agency and appear in the Register pursuant to the requirements of RCW 34.08.040.
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.
Reviser's note: The typographical errors in the above material occurred in the copy filed by the Spokane Regional Clean Air Agency and appear in the Register pursuant to the requirements of RCW 34.08.040.
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.
Reviser's note: The typographical errors in the above material occurred in the copy filed by the Spokane Regional Clean Air Agency and appear in the Register pursuant to the requirements of RCW 34.08.040.
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.
Reviser's note: The typographical error in the above material occurred in the copy filed by the Spokane Regional Clean Air Agency and appears in the Register pursuant to the requirements of RCW 34.08.040.
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 SRCAA 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.
Reviser's note: The typographical errors in the above material occurred in the copy filed by the Spokane Regional Clean Air Agency and appear in the Register pursuant to the requirements of RCW 34.08.040.
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.
Reviser's note: The typographical errors in the above material occurred in the copy filed by the Spokane Regional Clean Air Agency and appear in the Register pursuant to the requirements of RCW 34.08.040.
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).
Reviser's note: The typographical error in the above material occurred in the copy filed by the Spokane Regional Clean Air Agency and appears in the Register pursuant to the requirements of RCW 34.08.040.
AMENDATORY SECTION
((SCAPCA)) SRCAA REGULATION I, ARTICLE X, SECTION 10.06
REGISTRATION AND OPERATING PERMIT FEES FOR AIR CONTAMINANT
SOURCES
A. Each source required by Article IV, Section 4.01 to be
registered, each air operating permit source, and each source
required by Article V, Section 5.02 to obtain an approved
Notice of Construction and Application for Approval is subject
to an annual fee for each calendar year, or portion of each
calendar year, during which it operates. The owner or
operator shall pay the fee, pursuant to the requirements in
Section 10.02. Fees received pursuant to the registration
program or the operating permit program shall not exceed the
actual costs of program administration.
B. The annual fee for each source required by Article IV, Section 4.01 to be registered and that is not subject to Section 10.06.C. of this Regulation shall be determined by adding all of the applicable fees in the current fee schedule.
1. The Board shall periodically ((annually)) review the
fee schedule for registered sources 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 ((Authority)) 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.
C. The annual fee for each air operating permit source shall be determined as follows:
1. The Board shall periodically review the fees for air operating permit sources 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 fees to more accurately recover program costs.
((1)) 2. For sources that are subject to the air
operating permit (AOP) program during any portion of the
calendar year:
a. Annual base fee of $3,000;
b. Emission fee of $31.11 per ton of actual emissions from the previous calendar year;
c. ((SCAPCA)) SRCAA time fee, as determined by the
following formula:
| TFI | = | (HI + HG) x RPC HT |
TFI is the ((SCAPCA)) SRCAA time fee for AOP source, I;
HI is the total ((SCAPCA)) SRCAA staff hours spent on AOP
source, I;
HG is the total general hours ((SCAPCA)) SRCAA staff spent
on the AOP program divided by the total number of sources
subject to the AOP program during any portion of the calendar
year;
RPC is the remaining ((SCAPCA)) SRCAA AOP program cost,
calculated by subtracting the sum of the Section 10.06.((B.4))
C.2.a and b. fees from the total ((SCAPCA)) SRCAA AOP program
costs; and
HT is the total number of hours ((SCAPCA)) SRCAA staff
spent on the AOP program, including total time spent on the
AOP sources and general hours spent on the AOP program.
Note: HI, HG, HT, and RPC are for the most recent
((SCAPCA)) SRCAA fiscal year.
Note: HI, HG, and HT are obtained from ((SCAPCA)) SRCAA
time accounting records.
d. Program deficit recovery fee, as determined by the following formula:
| PDRFI | = | Remaining Program Deficity | x | EI (y - 1) | |||
| y=2006->2015 | (2016 - y) | ET (y - 1) |
PDRFI is the program deficit recovery fee assessed during year "y" (from 2006-2015) to each AOP source, I, that operated during any portion of the calendar year "y";
Remaining Program Deficity is the total cumulative funding deficit for SCAPCA's AOP program at the end of year "y";
"y" is the year, beginning in year 2006 and ending in year 2015;
EI is the total (in tons) of actual emissions from AOP source, I, during the calendar year prior to year "y" (y-1); and
ET is the sum (in tons) of the actual emissions from all AOP sources during the calendar year prior to year "y" (y-1).
Note: The program deficit recovery fee will expire in 2016 when the AOP program deficit will be zero.
e. A share of the assessment by Ecology pursuant to RCW 70.94.162(3), as determined by the following formula:
| I = | FIxAE | |
| FT |
I is the individual share of the assessment;
FI is the total individual fee assessed pursuant to
Section 10.06.C.((1))2.a., b., c., and d. of this Regulation;
AE is the total Ecology assessment pursuant to RCW 70.94.162(3); and
FT is the sum of all the individual fees assessed pursuant
to Sections 10.06.C.((1))2.a., b., c., and d. of this
Regulation.
((2)) 3. For affected units under Section 404 of the
Federal Clean Air Act (42 USC 7401 et seq):
a. A fee of $50 per hour of time expended in carrying out the fee eligible activities specified in RCW 70.94.; and
b. A share of the assessment by Ecology pursuant to RCW 70.94.162(3), as determined by the following formula:
| I = | FIxAE | |
| FT |
I is the individual share of the assessment;
FI is the total individual fee assessed pursuant to
Section 10.06.C.((2))3.a. of this Regulation;
AE is the total Ecology assessment pursuant to RCW 70.94.162(3); and
FT is the sum of all the individual fees assessed pursuant
to Sections 10.06.C.((2))3.a. of this Regulation.
Reviser's note: The typographical errors in the above material occurred in the copy filed by the Spokane Regional Clean Air Agency and appear in the Register pursuant to the requirements of RCW 34.08.040.
AMENDATORY SECTION
((SCAPCA)) 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: ((according to Section
10.09.A)).
((A. Notification Period and Fees))
| 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 | (( |
|
| All Other Demolitions with no asbestos project | All | 10 Days | (( |
|
| Asbestos Project includes demolition fee* | 10-259 linear ft 48-159 square ft |
3 Days | (( |
|
| Asbestos Project includes demolition fee | 260-999 linear ft 160-4,999 square ft |
10 Days | (( |
|
| Asbestos Project includes demolition fee | ≥ 1,000 linear ft ≥ 5,000 square ft |
10 Days | (( |
|
| Amendment*** | 9.04.B | Prior Notice | Per the Fee Schedule | |
| Emergency | 9.04.C | Prior Notice** | Additional fee equal to project fee |
|
| Exception for Hazardous Conditions | 9.05.B | Concurrent with Project | Regular Project fee |
|
| (( |
||||
| Leaving Nonfriable Asbestos-Containing Roofing Material in Place During Demolition | 9.07B | Concurrent with Project | Per the Fee Schedule | |
| Alternate Means of Compliance (( |
(( 9.08A, B, and C |
10 Days | ((Additional fee equal to project fee)) Per the Fee Schedule | |
| (( (non-friable asbestos-containing material) |
||||
| (( |
||||
| (( |
||||
| * | 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. | |||
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 Regional Clean Air Agency and appear in the Register pursuant to the requirements of RCW 34.08.040.