Subject of Possible Rule Making: Chapter 296-65 WAC, Asbestos removal and encapsulation.

     Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 49.17.010, 49.17.040, 49.17.050, 49.17.060, and chapter 564, Laws of 2009 (ESHB 1244).

     Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: As approved by the 2009 legislature, the purpose of this rule making is to adjust the fees set forth in WAC 296-65-025 Fees, for the division of occupational safety and health's asbestos program. If these fees are increased, this will be the first fee increase since the program began in 1985. This fee increase will ensure the department's ability to continue the asbestos program.

     Other Federal and State Agencies that Regulate this Subject and the Process Coordinating the Rule with These Agencies: No other state or federal agencies (other than OSHA) are known to regulate worker safety and health for this subject.

     Process for Developing New Rule: Parties interested in the formulation of these rules for proposal may contact the individual listed below. The public may also participate by commenting after amendments are proposed by providing written comments or giving oral testimony during the public hearing process.

     Interested parties can participate in the decision to adopt the new rule and formulation of the proposed rule before publication by contacting Jamie Scibelli, Administrative Regulations Analyst, Department of Labor and Industries, Division of Occupational Safety and Health (DOSH), P.O. Box 44620, Olympia, WA 98504-4620, e-mail scij235@lni.wa.gov, phone (360) 902-4568, fax (360) 902-5619.

August 4, 2009

Judy Schurke

Director

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