WSR 14-05-009

PROPOSED RULES

[Filed February 6, 2014, 1:33 p.m.]

Supplemental Notice to WSR 13-23-073.

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 May 1, 2014, at 9:30 a.m.

Date of Intended Adoption: May 1, 2014.

Submit Written Comments to: Matt Holmquist, 3104 East Augusta Avenue, Spokane, WA 99207, e-mail mholmquist@spokanecleanair.org, fax (509) 477-6828, by February 6, 2014.

Assistance for Persons with Disabilities: Contact Barbara Nelson by April 18, 2014, (509) 477-4727 ext. 116.

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: Original proposal in WSR 13-23-073 revised to address written public comments and additional staff comments.

Summary of revisions are as follows:

— Exclude reference to "debris" in Section 9.02.Z.

— Exclude proposed asbestos survey exception for contractors in Section 9.03.F.6.

— Include example of mechanical methods in Section 9.06.B.

— Maintain notification requirement for project cancellation in 9.04.B.1.

— Strike reference to Sections 9.09-9.10 in 9.07.C since not applicable.

— Clarify in Section 10.09.A that refunds are available for overpayments.

Reasons Supporting Proposal: Same as above.

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 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.

February 6, 2014

Matt Holmquist

Compliance Administrator