WSR 13-23-073

PROPOSED RULES

[Filed November 19, 2013, 9:46 a.m.]

Proposal is exempt under RCW 70.94.141(1).

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

Hearing Location(s): Spokane Regional Clean Air Agency (SRCAA), 3104 East Augusta Avenue, Spokane, WA 99207, on February 6, 2014, at 9:30 a.m.

Date of Intended Adoption: February 6, 2014.

Submit Written Comments to: Matt Holmquist, 3104 East Augusta Avenue, Spokane, WA 99207, e-mail mholmquist@spokanecleanair.org, fax (509) 477-6828, by January 22, 2014.

Assistance for Persons with Disabilities: Contact Barbara Nelson by January 30, 2013 [2014], (509) 477-4727 ext. 116.

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: Clarify requirements and exceptions for nonfriable asbestos containing roofing; add a definition for "homogeneous area" and clarify it generally excludes debris piles, soil and ash; remove "asphalt shingles" as a suspect asbestos containing material (ACM); clarify that soil or dust reasonably attributed to ACM must be treated as ACM unless it tests negative for asbestos; summarize asbestos sampling requirements in 40 C.F.R. 763.86; clarify that locations of all homogeneous areas of suspect ACM must be included in the asbestos survey; require that the condition of ACM be included in the survey; provide consistency between asbestos survey and notice of intent (NOI) posting requirements; allow resident homeowners of owner-occupied, single-family residences to have their asphalt shingle roofs removed without an asbestos survey; specify that NOIs will not be accepted more than one year in advance of the project start date; provide consistency between NOI retention and asbestos survey retention; clarify that part of all of the NOI waiting period and project fee may be waived for demolition of abandoned structures; consolidate and clarify mandatory notification amendment requirements; add a provision which allows SRCAA to accept amendments after the last asbestos removal completion date on record for removal of ACM previously unidentified in asbestos surveys; make the provision for adding structures to a previously submitted NOI more flexible; clarify provisions for reusing ACM in good condition; clarify that standard asbestos project work practices require manual removal methods unless approved by SRCAA; clarify that when alternate work plans are prepared, the procedures and requirements in the plan must be followed; clarify that trenchless pipe bursting of asbestos cement pipe is prohibited; reduce the waiting period from three or ten days to "prior notice" and reduce the NOI fee from $250 to $75 for small projects involving removal of <10 ln. ft. or <48 sq. ft. where ≥10 ln. ft. or ≥48 sq. ft. has already been removed from the structure in the calendar year, or due to the cumulative removal of ACM, the next small project will exceed ten ln. ft. or forty-eight sq. ft. from the structure within the calendar year.

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

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

Agency Comments or Recommendations, if any, as to Statutory Language, Implementation, Enforcement, and Fiscal Matters: SRCAA is responsible for implementing federal laws regarding the renovation and demolition of structures that may contain asbestos. Because there is no known safe level of exposure to asbestos and because each exposure to asbetos [asbestos] increases a person's risk of acquiring asbestos related diseases, SRCAA administers an asbestos program under Regulation I, Article IX and Section 10.09 as a reasonable approach to controlling asbestos emissions primarily resulting from asbestos projects, renovation projects, and demolition projects.

Name of Proponent: SRCAA, governmental.

Name of Agency Personnel Responsible for Drafting, Implementation and Enforcement: Matt Holmquist, SRCAA, 3104 East Augusta Avenue, Spokane, WA 99207, (509) 477-4727.

No small business economic impact statement has been prepared under chapter 19.85 RCW. This is a local clean air agency 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.

November 19, 2013

Matt Holmquist

Compliance Administrator