Original Notice.

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

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

     Hearing Location(s): Puget Sound Clean Air Agency, 1904 3rd Avenue, Suite 105, Seattle, WA 98101, on May 26, 2011, at 8:45 a.m.

     Date of Intended Adoption: May 26, 2011.

     Submit Written Comments to: Lynn Sykes, Puget Sound Clean Air Agency, 1904 3rd Avenue, #105, Seattle, WA 98101, e-mail lynns@pscleanair.org, fax (206) 343-7522, by May 25, 2011.

     Assistance for Persons with Disabilities: Contact agency receptionist, (206) 689-4010, by May 19, 2011, TTY (800) 833-6388 or (800) 833-6385 (Braille).

     Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: To adjust the asbestos notification fees to reflect the costs of implementing the asbestos program.

     Reasons Supporting Proposal: Because of an increase in notifications over the past year, and as a result of efficiencies implemented years ago, the agency is proposing to reduce the fees by approximately fifteen percent.

     Statutory Authority for Adoption: Chapter 70.94 RCW.

     Statute Being Implemented: RCW 70.94.141.

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

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

     Name of Agency Personnel Responsible for Drafting: Rick Hess, 1904 3rd Avenue, Suite 105, Seattle, WA 98101, (206) 689-4029; Implementation and Enforcement: Laurie Halvorson, 1904 3rd Avenue, Suite 105, Seattle, WA 98101, (206) 689-4030.

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

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

April 19, 2011

Craig Kenworthy

Executive Director

REGULATION III SECTION 4.03 ASBESTOS NOTIFICATION REQUIREMENTS

     (a) General Requirements

     It shall be unlawful for any person to cause or allow any work on an asbestos project or demolition unless a complete notification, including the appropriate nonrefundable fee and any additional information requested by the Control Officer, has been submitted to the Agency in accordance with the waiting period and fee requirements in Section 4.03(d) of this regulation. Except for the annual notification requirements in Section 4.03 (a)(7) of this regulation, the notification must be submitted on approved forms through the Agency website.

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

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

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

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

     (5) All demolitions require a 10-day waiting period unless waived under Section 4.03 (c)(1) of this regulation.

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

     (7) Annual Notification

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

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

     (B) The total amount of asbestos-containing material for all asbestos projects from each structure, vessel, or building in a calendar year under this section is less than 260 linear feet on pipes and/or less than 160 square feet on other components; and

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

     (b) Amendments

     (1) An amendment shall be submitted to the Control Officer in a notification through the Agency website for the following changes and shall be accompanied by the appropriate nonrefundable fee as set forth in Section 4.03(d) of this regulation:

     (A) Changes between asbestos and demolition project types;

     (B) Increases in the job size category that increase the fee;

     (C) Changes in the start date; or

     (D) Changes in the completion date.

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

     (c) Emergencies

     (1) The waiting period may be waived if 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;

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

     (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 burden.

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

     (d) Waiting Period and Fees

Project	Waiting Period	Asbestos Fee	Demolition Fee
Single-Family Residence:
•Asbestos Project	prior written notification	(($30)) $25
• Demolition (with or without asbestos project)	10 days	$0	(($75)) $65
Other than Single-Family Residence:
• less than 10 linear ft and/or • less than 48 square ft	10 days for demolition	$0	(($75)) $65
• 10 - 259 linear ft and/or 48 - 159 square ft	prior written notification for asbestos	(($75)) $65
	10 days for demolition		(($75)) $65
• 260 - 999 linear ft and/or 160 - 4,999 square ft	10 days	(($250)) $210	(($75)) $65
• 1,000+ linear ft and/or 5,000+ square ft	10 days	(($750)) $640	(($100)) $85
Emergency - 4.03(c)*	prior written notification	applicable fees+ (($50)) $40
Amendment - 4.03(b)	prior written notification	applicable fees+ (($25)) $20
Annual Notice of Intent - 4.03 (a)(7)	prior written notification	$1,000

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

© Washington State Code Reviser's Office