WSR 14-11-038

PERMANENT RULES

[Filed May 14, 2014, 11:51 a.m., effective September 2, 2014]

Effective Date of Rule: September 2, 2014.

Purpose: Remove "asphalt shingles" as a suspect asbestos-containing material (ACM); summarize asbestos sampling requirements in 40 C.F.R. 763.86; clarify that part of all of the notice of intent (NOI) waiting period and project fee may be waived for demolition of abandoned structures; clarify that standard asbestos project work practices require manual removal methods unless approved by the Spokane Regional Clean Air Agency (SRCAA); add procedures for loose vermiculite containing one percent or less asbestos; 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 and a reduced fee for small asbestos projects; and allow refunds for overpayments.

Citation of Existing Rules Affected by this Order: Amending SRCAA Regulation I, Article IX and Section 10.09.

Statutory Authority for Adoption: RCW 70.94.141(1), 70.94.380(2).

Other Authority: Chapter 70.94 RCW, 42 U.S.C. 7401 et seq., 42 U.S.C. 7412.

Adopted under notice filed as WSR 14-05-009 on February 6, 2014.

Changes Other than Editing from Proposed to Adopted Version: A nonsubstantive change was made. Section numbers were reassigned.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 9, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 9, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: May 1, 2014.

Matt Holmquist

Compliance Administrator