WSR 14-15-031

PROPOSED RULES

[Filed July 9, 2014, 11:49 a.m.]

Proposal is exempt under RCW 70.94.141(1).

Title of Rule and Other Identifying Information: Regulation of the Northwest Clean Air Agency (NWCAA).

Hearing Location(s): NWCAA, 1600 South Second Street, Mount Vernon, WA 98273, on August 28, 2014, at 9:00 a.m.

Date of Intended Adoption: September 11, 2014.

Submit Written Comments to: Mark Buford, NWCAA, 1600 South Second Street, Mount Vernon, WA 98273, e-mail mark@nwcleanair.org, fax (360) 428-1620, by August 28, 2014, at 11:00 a.m.

Assistance for Persons with Disabilities: Contact Laurie Caskey-Schreiber by August 21, 2014, (360) 428-1617 ext. 215.

Amended NWCAA 324.8, new language.

New NWCAA 324.9, new language.

New NWCAA 324.10, new language.

New NWCAA 324.20, based on former NWCAA 324.8.

Amended NWCAA 502.3, "Impaired Air Quality" definition, new definition based on WAC 173-425-030.

Amended NWCAA 502.3, "Nonattainment Area" definition, new definition based on NWCAA Section 200.

Amended NWCAA 502.3, "Silvicultural Burning" definition, new definition based on WAC 173-425-030.

Amended NWCAA 502.3, "Urban Growth Area" definition, revised definition based on WAC 173-425-030.

Amended NWCAA 550.1, based on WAC 173-400-040(9).

Amended NWCAA 550.2, renumbered from NWCAA 502.4.

Amended NWCAA 550.3, new language.

Former NWCAA 324.8, see NWCAA 324.20.

Amended NWCAA 502.3, "Commercial Outdoor Burning" with definition, deleted.

Amended NWCAA 502.3, "Nonattainment Area" former definition, deleted.

Amended NWCAA 502.3, "Silvicultural Burning" former definition, deleted.

Former NWCAA 502.7, deleted.

Former NWCAA 502.8, see NWCAA 502.6(F) and 502.5 (A)(4).

Former NWCAA 550.2, deleted.

Former NWCAA 550.3, deleted.

Former NWCAA 550.4, see NWCAA 550.2.

Reasons Supporting Proposal: See Purpose above.

Statutory Authority for Adoption: Chapter 70.94 RCW.

Statute Being Implemented: RCW 70.94.141(1).

Name of Proponent: NWCAA, governmental.

Name of Agency Personnel Responsible for Drafting, Implementation and Enforcement: Mark Asmundson, 1600 South 2nd Street, Mount Vernon, WA, (360) 428-1617.

No small business economic impact statement has been prepared under chapter 19.85 RCW. Not applicable under RCW 70.94.141.

A cost-benefit analysis is not required under RCW 34.05.328. Not applicable under RCW 70.94.141.

July 9, 2014

Mark Buford

Assistant Director

SECTION 104 - ADOPTION OF STATE AND FEDERAL LAWS AND RULES

104.1 All provisions of State Law that are in effect as of August 6, 2014 ((February 20, 2013)), which are pertinent to the operation of the NWCAA, are hereby adopted by reference and made part of the Regulation of the NWCAA. Specifically, there is adopted by reference the portions pertinent to the operation of the NWCAA of the Washington State Clean Air Act (chapter 70.94 RCW), the Administrative Procedure Act (chapter 34.05 RCW) and chapters 43.21A and 43.21B RCW and the following state rules: chapter 173-400 WAC, (except – -035, -036, -040(1), -075, -099, -100, -101, -102, -103, -104, -105(7), -110, -114, -115, -116, -171, -930), chapter 173-401 WAC, chapter 173-407 WAC, chapter 173-420 WAC, chapter 173-425 WAC, chapter 173-430 WAC, chapter 173-433 WAC, chapter 173-434 WAC, chapter 173-435 WAC, chapter 173-441 WAC, chapter 173-450 WAC, chapter 173-460 WAC, chapter 173-470 WAC, chapter 173-474 WAC, chapter 173-475 WAC, chapter 173-481 WAC, chapter 173-490 WAC, chapter 173-491 WAC, chapter 173-492 WAC, and chapter 173-495 WAC.

104.2 All provisions of the following federal rules that are in effect as of August 6, 2014 ((February 20, 2013)) are hereby adopted by reference and made part of the Regulation of the NWCAA: 40 CFR Part 50 (National Primary and Secondary Ambient Air Quality Standards); 40 CFR Part 51 (Requirements for Preparation, Adoption, and Submittal of Implementation Plans) Appendix M; 40 CFR Part 60 (Standards of Performance For New Stationary Sources) subparts A, D, Da, Db, Dc, E, Ea, Eb, Ec, F, G, Ga, H, I, J, Ja, K, Ka, Kb, L, M, N, Na, O, P, Q, R, T, U, V, W, X, Y, Z, AA, AAa, CC, DD, EE, GG, HH, KK, LL, MM, NN, PP, QQ, RR, SS, TT, UU, VV, VVa, WW, XX, AAA, BBB, DDD, FFF, GGG, GGGa, HHH, III, JJJ, KKK, LLL, NNN, OOO, PPP, QQQ, RRR, SSS, TTT, UUU, VVV, WWW, AAAA, CCCC, EEEE, IIII, JJJJ, KKKK, LLLL, OOOO, and Appendix A - I; and 40 CFR Part 61 (National Emission Standards For Hazardous Air Pollutants) Subparts A, C, D, E, F, J, L, M, N, O, P, V, Y, BB, FF and 40 CFR Part 63 (National Emission Standards for Hazardous Air Pollutants for Source Categories) Subparts A, B, C, D, F, G, H, I, L, M, N, O, Q, R, T, U, W, X, Y, AA, BB, CC, DD, EE, GG, HH, II, JJ, KK, OO, PP, QQ, RR, SS, TT, UU, VV, WW, XX, YY, CCC, DDD, EEE, GGG, HHH, III, JJJ, LLL, MMM, NNN, OOO, PPP, QQQ, TTT, UUU, VVV, XXX, AAAA, CCCC, DDDD, EEEE, FFFF, GGGG, HHHH, IIII, JJJJ, KKKK, MMMM, NNNN, OOOO, PPPP, QQQQ, RRRR, SSSS, TTTT, UUUU, VVVV, WWWW, XXXX, YYYY, ZZZZ, AAAAA, BBBBB, CCCCC, DDDDD, EEEEE, FFFFF, GGGGG, HHHHH, IIIII, LLLLL, MMMMM, NNNNN, PPPPP, QQQQQ, RRRRR, SSSSS, TTTTT, UUUUU, WWWWW, YYYYY, ZZZZZ, CCCCCC, EEEEEE, FFFFFF, GGGGGG, MMMMMM, NNNNNN, QQQQQQ, SSSSSS, TTTTTT, VVVVVV, ZZZZZZ, AAAAAAA, DDDDDDD, EEEEEEE, and HHHHHHH; 40 CFR Part 65 (Consolidated Federal Air Rule); and 40 CFR Parts 72, 73, 74, 75, 76, 77 and 78 (Acid Rain Program).

PASSED: July 8, 1970 AMENDED: April 14, 1993, September 8, 1993, December 8, 1993, October 13, 1994, May 11, 1995, February 8, 1996, May 9, 1996, March 13, 1997, May 14, 1998, November 12, 1998, November 12, 1999, June 14, 2001, July 10, 2003, July 14, 2005, November 8, 2007, June 10, 2010, June 9, 2011, November 17, 2011, August 9, 2012, March 14, 2013, September 11, 2014

324.1 Annual Registration Fees

(A) All registered air pollution sources shall pay the appropriate fee(s), which shall be established to cover the cost of administering the program, adjusted periodically based on the three-year average change of the "December annual average – Seattle/Tacoma/Bremerton Consumer Price Index for all Urban Consumers", rounded to the nearest dollar or other index, as set forth in the current fee schedule adopted by Resolution of the Board of Directors of the NWCAA. ((The NWCAA shall levy annual registration program fees as set forth in Section 324.1(C) to cover the costs of administering the registration program.))

(B) Upon assessment by the NWCAA, registration fees are due and payable. A source shall be assessed a late penalty in the amount of ((twenty-five)) 25 percent (((25%))) of the registration fee for failure to pay the registration fee within ((thirty (30))) 30 days after the due date. The late penalty shall be in addition to the registration fee.

(((C) All registered air pollution sources shall pay the appropriate registration fee(s) as set forth in the current fee schedule adopted by Resolution of the Board of Directors of the NWCAA.))

324.2 New Source Review Fees

(A) New source review fees and fees for review of an application to replace or substantially alter the emission control technology installed on an existing stationary source emission unit shall be submitted with each Notice of Construction (NOC) application or request for a NOC applicability determination.

(B) The applicable fee(s) shall be established to cover the direct and indirect costs of processing an application, adjusted periodically based on the three-year average change of the "December annual average – Seattle/Tacoma/Bremerton Consumer Price Index for all Urban Consumers", rounded to the nearest dollar or other index, as set forth in the current fee schedule adopted by Resolution by the Board of Directors of the NWCAA.

324.3 Variance Fee. The applicable fee(s) shall be established in the current fee schedule adopted by Resolution of the Board of Directors of the NWCAA.

324.4 Issuance of Emission Reduction Credits. The applicable fee(s) shall be established in the current fee schedule adopted by Resolution of the Board of Directors of the NWCAA.

324.5 Plan and examination, filing, SEPA review, and emission reduction credit fees may be reduced at the discretion of the Control Officer by up to 75 percent for existing stationary sources implementing pollution prevention or undertaking voluntary and enforceable emission reduction projects.

324.6 RACT Fee. The applicable fee(s) shall be established to cover the costs of developing, establishing, or reviewing categorical or case-by-case RACT requirements, adjusted periodically based on the three-year average change of the "December annual average – Seattle/Tacoma/Bremerton Consumer Price Index for all Urban Consumers", rounded to the nearest dollar or other index, as set forth in the current fee schedule adopted by Resolution of the Board of Directors of the NWCAA. Fees shall be due and payable upon receipt of invoice and shall be deemed delinquent if not fully paid within 30 days of invoice.

324.7 Order Fee. The applicable fee(s) shall be established to cover the direct and indirect costs of administering the program, adjusted periodically based on the three-year average change of the "December annual average – Seattle/Tacoma/Bremerton Consumer Price Index for all Urban Consumers", rounded to the nearest dollar or other index, as set forth in the current fee schedule adopted by Resolution of the Board of Directors of the NWCAA.

324.20 ((8)) Procedure for Adoption and Revision of Fee Schedules. A proposed resolution that adopts or changes any fee schedules described in this section shall be posted on the NWCAA website for not less than 30 days prior to the Board of Directors meeting at which the Board takes action on the resolution. In addition, an electronic version of the proposed fee schedule or proposed fee schedule changes shall be provided by e-mail to any person requesting notice of proposed fee schedules or proposed fee schedule changes, not less than 30 days prior to the Board meeting at which such changes are considered. It shall be the ongoing responsibility of a person requesting electronic notice of proposed fee schedule amendments to provide their current e-mail address to the NWCAA; however, no person is required to request such notice. Each notice of a proposed fee schedule or proposed fee schedule change shall provide for a comment period on the proposal of not less than 30 days. Any such proposal shall be subject to public comment at the Board meeting where such changes are considered. No final decision on a proposed fee schedule or proposed fee schedule change shall be taken until the public comment period has ended and any comments received during the public comment period have been considered.

PASSED: November 12, 1998 AMENDED: November 12, 1999, June 14, 2001, July 10, 2003, July 14, 2005, November 8, 2007, August 9, 2012, March 14, 2013, September 11, 2014

502.1 PURPOSE. This section establishes a program to implement the limited burning policy authorized by sections of the Washington Clean Air Act (chapter 70.94 RCW as referenced in NWCAA 104.1) pertaining to outdoor burning. ((The limited outdoor burning policy requires Ecology and other agencies to:

C. Foster and encourage the development of reasonable alternatives to outdoor burning.))

502.2 APPLICABILITY.

(A)((.)) This section specifically applies to:

(1)((.)) Residential burning.

(2)((.)) Land clearing burning.

(3)((.)) Recreational fires.

(4)((.)) Indian ceremonial fires.

(5)((.)) Weed abatement fires.

(6)((.)) Fire((-))fighting instruction fires.

(7)((.)) Rare and endangered plant regeneration fires.

(8)((.)) Storm or flood debris burning.

(10) ((9.)) Other outdoor burning.

(B)((.)) This section does not apply to:

(1)((.)) Agricultural burning (which is governed by chapter 173-430 WAC as referenced in NWCAA 104.1);

(2)((.)) Any outdoor burning on lands within the exterior boundaries of Indian reservations (unless provided for by intergovernmental agreements); and

(3)((.)) Silvicultural burning (which is governed by chapter 332-24 WAC, the Washington state smoke management plan, and various laws including chapter 70.94 RCW as referenced in NWCAA 104.1).

502.3 DEFINITIONS. Unless a different meaning is clearly required by context, words and phrases used in this section shall have the following meanings:

((A.)) AGRICULTURAL BURNING – ((means outdoor burning)) Fires regulated under ((C))chapter 173-430 WAC as referenced in NWCAA 104.1, including, but not limited to, any incidental agricultural burning or agricultural burning for pest or disease control.

((B.)) AIR POLLUTION EPISODE – ((means a)) A period when a forecast, alert, warning, or emergency air pollution stage is declared, as stated in ((C))chapter 173-435 WAC as referenced in NWCAA 104.1.

((C. COMMERCIAL OUTDOOR BURNING – means outdoor burning conducted as part of any commercial or business operation.

((D.)) CONSTRUCTION/DEMOLITION DEBRIS – ((means any)) All material manufactured for or resulting from the construction, renovation, or demolition of buildings, roads, and other man-made structures.

((E.)) FIRE((-))FIGHTING((ER)) INSTRUCTION FIRES – ((means f)) Fires for instruction in methods of fire((-))fighting, including, but not limited to, training to fight structural fires, aircraft crash rescue fires, and forest fires.

((F.)) FIREWOOD – ((means b))Bare, untreated wood used as fuel in a solid fuel burning device, Indian ceremonial fire, or recreational fire.

((G.)) IMPAIRED AIR QUALITY – A first or second stage impaired air quality condition declared by Ecology or the NWCAA in accordance with WAC 173-433-140 as referenced in NWCAA 104.1. ((for purposes of outdoor burning, means a condition declared by Ecology or the NWCAA when meteorological conditions are conducive to an accumulation of air contaminants, concurrent with at least one of the following criteria (WAC 173-433-140):

4. Air quality that threatens to exceed other limits established by the NWCAA.))

((H.)) INDIAN CEREMONIAL FIRE – ((means f))Fires necessary for Native American ceremonies (i.e., conducted by and for Native Americans) if part of a religious ritual.

((I.)) LAND CLEARING BURNING – ((means o))Outdoor burning of trees, stumps, shrubbery or other natural vegetation from land clearing projects (i.e., projects that clear the land surface so it can be developed, used for a different purpose, or left unused). (([RCW 70.94.6526].))

((J.)) NATURAL VEGETATION – ((means u))Unprocessed plant material from herbs, shrubbery, and trees, including grass, weeds, leaves, clippings, prunings, brush, branches, roots, stumps, and trunk wood.

((K.)) NONATTAINMENT AREA – ((means a)) A clearly delineated geographic area designated by the Environmental Protection Agency at 40 CFR Part 81 as exceeding (or that contributes to ambient air quality in a nearby area that exceeds) a National Ambient Air Quality Standard (NAAQS) for a given criteria pollutant. An area is nonattainment only for the pollutants for which the area has been designated nonattainment. ((clearly delineated geographic area which has been designated by the Environmental Protection Agency because it does not meet (or it contributes to ambient air quality in a nearby area that does not meet) a national ambient air quality standard or standards for one or more of the criteria pollutants, which include carbon monoxide, particulate matter (PM10 and PM2.5), sulfur dioxide, nitrogen dioxide, lead, and ozone.))

((L.)) NONURBAN AREAS – ((means u))Unincorporated areas within a county that are not designated as an urban growth area.

((M.)) NUISANCE – ((f))For purposes of outdoor burning, ((means)) an emission of smoke or any other air contaminant ((emission)) from an outdoor fire that unreasonably interferes with the use and enjoyment of the property upon which it is deposited.

((N.)) OTHER OUTDOOR BURNING – ((means o))Outdoor burning other than ((agricultural burning, silvicultural burning,)) residential burning, land clearing burning, storm or flood debris burning, tumbleweed burning, weed abatement fires, fire((-))fighting instruction fires, rare and endangered plant regeneration fire, Indian ceremonial fires, and recreational fires. It includes, but is not limited to, any outdoor burning necessary to protect public health and safety.

((O.)) OUTDOOR BURNING – ((means t))The combustion of any material in an open fire or in an outdoor container((, other than an incinerator, furnace, or other combustion device approved in advance by the NWCAA,)) without providing for the control of combustion or the control of emissions from the combustion. Outdoor burning means all types of outdoor burning except agricultural burning, burning on lands within the exterior boundaries of Indian reservations (unless provided for by intergovernmental agreements), and silvicultural burning.

((P.)) PERMITTING AGENCY – ((means t))The agency responsible for issuing permits for a particular type of outdoor burning (including adopting a general permit) and/or enforcing all requirements of this section unless another agency agrees to be responsible for certain enforcement activities in accordance with WAC 173-425-060 (1)(a) and (6) as referenced in NWCAA 104.1.

((Q.)) POLLUTANTS EMITTED BY OUTDOOR BURNING – ((means c))Carbon monoxide, carbon dioxide, particulate matter, sulfur dioxide, nitrogen oxides, lead, and various volatile organic compounds and toxic substances.

((R.)) RARE AND ENDANGERED PLANT REGENERATION FIRES – ((means f))Fires necessary to promote the regeneration of rare and endangered plants found within natural area preserves as identified in chapter 79.70 RCW.

((S.)) REASONABLE ALTERNATIVE - ((means a)) A method for disposing of organic refuse (such as natural vegetation) that is available, reasonably economical, and less harmful to the environment than burning, including, but not limited to, waste reduction, recycling, energy recovery or incineration, and landfill disposal.

((T.)) RECREATIONAL FIRE – ((means c))Cooking fires, campfires, and bonfires using charcoal or firewood that occur in designated areas or on private property for cooking, pleasure, or ceremonial purposes. Fires used for debris disposal purposes are not considered recreational fires.

((U.)) RESIDENTIAL BURNING – ((means t))The outdoor burning of leaves, clippings, prunings and other yard and gardening refuse originating on ((the maintained area of residential property (i.e.)) lands immediately adjacent and in close proximity to a human dwelling(())) and burned on such lands by a ((the property owner and/or any other)) responsible person.

((V.)) RESPONSIBLE PERSON – ((means a)) Any of the following:

(1) Any person who has applied for and received a permit for outdoor burning, or

(2) ((a)) Any person allowing, igniting or attending to an outdoor fire, or

(3) ((a)) Any person who owns or controls property on which an outdoor fire occurs.

((W.)) SILVICULTURAL BURNING – ((means outdoor burning)) Fires relating to the following activities for the protection of life or property and/or the public health, safety, and welfare:

(5) Silvicultural burning used to improve or maintain fire-dependent ecosystems for rare plants or animals within the state, federal, and private natural area preserves, natural resource conservation areas, parks, and other wildlife areas. ((on any unimproved land the Department of Natural Resources protects pursuant to RCW 70.94.030(20), RCW 70.94.6534, RCW 70.94.6540 and pursuant to Chapter 76.04 RCW.))

((X.)) STORM OR FLOOD DEBRIS BURNING – ((means f))Fires consisting of natural vegetation deposited on lands by storms or floods that have occurred in((, within)) the previous two years and resulted in((, in which)) an emergency being ((was)) declared or proclaimed in the area by the city, county, or state government and burned on such lands by ((the property owner or)) a responsible person. ((his or her designee.))

((Y.)) TUMBLEWEED BURNING – ((means o))Outdoor burning to dispose of dry plants (typically Russian Thistle and Tumbleweed Mustard plants) that have been broken off((,)) and rolled about((,)) by the wind.

((Z.)) URBAN GROWTH AREA – ((means a)) Land, generally including and associated with an incorporated city, designated by a county for urban growth under ((An area defined by)) RCW 36.70A.030.

((AA.)) WEED ABATEMENT FIRES – ((means any o))Outdoor burning to dispose of weeds that is not regulated under chapter 173-430 WAC as referenced in NWCAA 104.1, the Agricultural Burning rule.

502.4 PROHIBITIONS AND RESTRICTIONS APPLYING TO ALL OUTDOOR BURNING. The following general requirements apply to all outdoor burning regulated by this section, including any outdoor burning allowed without a permit, unless a specific exception is stated in this section. A fire protection agency, county, or conservation district may enforce its own controls that are stricter than those set forth in this section.

(A)((.)) No person may cause or allow an outdoor fire in an area where the type of burning involved is prohibited under NWCAA 502.6 ((WAC 173-425-040)), or where it requires a permit under NWCAA 502.5(B) ((WAC 173-425-060(2))), unless a permit has been issued and is in effect.

((B. A fire protection agency, county, or conservation district may enforce its own controls that are stricter than those set forth in this section.))

(B) ((C.)) PROHIBITED MATERIALS. It shall be unlawful for any person to cause or allow any outdoor fire containing garbage, dead animals, asphalt, petroleum products, paints, rubber products, plastics, paper (other than what is necessary to start a fire), cardboard, treated wood, construction/demolition debris, metal or any substance (other than natural vegetation) that normally releases toxic emissions, dense smoke, or obnoxious odors when burned((. E))except as follows ((when authorized by the NWCAA)):

(1)((.)) Aircraft crash rescue training fires approved and conducted in compliance with RCW 70.94.6528 as referenced in NWCAA 104.1 may contain uncontaminated petroleum products. (([RCW 70.94.6528]))

(2)((.)) ((O)) Ecology or the NWCAA may allow the limited burning of prohibited materials for other fire((-))fighting instruction fires, including those that are exempt from permits under NWCAA 502.5 (B)(6) ((WAC 173-425-060 (2)(f), and)).

(3) ((o))Other outdoor burning necessary to protect public health and safety (([RCW 70.94.6528], containing limited prohibited materials, may be allowed by Ecology or the NWCAA)).

((3. Diseased animals and other infested material when ordered by a duly authorized health officer, as required, to keep the infestation from spreading.

4. Dangerous material when ordered by a fire protection agency to dispose of materials presenting danger to life, property, or public welfare may be burned, if no approved practical alternative method of disposal is available.))

(C) ((D.)) HAULED MATERIAL.

(1) No outdoor fire may contain material (other than firewood) that has been hauled from an area where outdoor burning of the material is prohibited.

(2) ((1.)) Any outdoor burning of material hauled from areas where outdoor burning of the material is allowed requires an appropriate permit. ((2.)) Any property used for this((e)) purpose ((of outdoor burning, where outdoor burning of the material is allowed)) on an on-going basis((,)) must be:

(a)((.)) ((Be l))Limited to the types of burning listed in WAC 173-351-200 (5)(b) as referenced in NWCAA 104.1 (criteria for municipal solid waste landfills), and

(b)((.)) Approved in accordance with other laws, including ((WAC)) chapter 173-304 WAC as referenced in NWCAA 104.1 (minimum functional standards for solid waste handling) and ((WAC)) chapter 173-400 WAC as referenced in NWCAA 104.1 (general regulations for air pollution sources). (([RCW 70.94.6524]))

(D) ((E.)) CURTAILMENTS. During episodes or periods of impaired air quality, ((the)) a responsible person ((responsible)) for the fire must contact the permitting agency and/or any other designated source for information on the burning conditions for each day.

(1)((.)) No outdoor fire shall be ignited in a geographical area where:

(a)((.)) ((Where)) Ecology has declared an air pollution episode; (((RCW 70.94.6512 and 70.94.6516))) ((or))

(b)((.)) ((Where)) Ecology or the NWCAA has declared an impaired air quality condition for the county; or ((where the air quality has been identified.))

(c)((.)) ((Where t))The appropriate fire protection authority has declared a fire danger burn ban, unless the NWCAA grants an exception.

(2)((.)) ((The)) A responsible person ((responsible)) for an outdoor fire shall ((must)) extinguish the fire when an air pollution episode, ((or)) an impaired air quality condition, or fire danger burn ban that applies to the burning((,)) is declared.

(a) ((3.)) Smoke visible from all types of outdoor burning, except land clearing burning, after a time period of three hours has elapsed from the time an air pollution episode, impaired air quality condition, or fire danger burn ban is declared shall ((will)) constitute prima facie evidence of unlawful outdoor burning.

(b) ((4.)) Smoke visible from land clearing burning after a time period of eight hours has elapsed from the time an air pollution episode, impaired air quality condition, or fire danger burn ban is declared shall ((, will)) constitute prima facie evidence of unlawful outdoor burning.

(E) ((F.)) UNLAWFUL OUTDOOR BURNING/NUISANCE.((:)) It is unlawful for any person to cause or allow outdoor burning that causes an emission of smoke or any other air contaminant that is detrimental to the health, safety, or welfare of any person, that causes damage to property or business, or that causes a nuisance.

((1. Any person affected by outdoor burning may file a complaint with the permitting agency or other designated enforcing agency.

3. Any person responsible for such unlawful outdoor burning must immediately extinguish the fire.))

(F) ((G.)) BURNING IN OUTDOOR CONTAINERS. Outdoor containers (such as burn barrels and other wood waste incinerators not regulated under NWCAA Section 458 ((WAC 173-400-070(1))), used for outdoor burning, must be constructed of concrete or masonry with a completely enclosed combustion chamber and equipped with a permanently attached spark arrester constructed of iron, heavy wire mesh, or other noncombustible material with openings not larger than 0.5 ((one-half)) inch, and they may only be used in compliance with this section.

(G) ((H.)) OTHER GENERAL REQUIREMENTS.

(1)((.)) A person capable of extinguishing the fire must attend it at all times and the fire must be extinguished before leaving it.

(2)((.)) No fires are to be within 50 ((fifty)) feet of structures.

(3)((.)) Permission from a landowner((,)) or owner's designated representative((,)) must be obtained before starting an outdoor fire.

502.5 OUTDOOR BURNING PERMIT PROGRAM/REQUIREMENTS.

(A)((.)) PERMIT PROGRAM. ((General Requirements.))

(1)((.)) The NWCAA may consult with fire protection authorities, conservation districts, or counties to determine if any of these agencies are capable and willing to serve as the permitting agency and/or enforcing agency for particular types of burning.

(2)((.)) The NWCAA may enter into agreements with any capable agencies to identify the permitting agencies and enforcing agencies for each type of burning and determine the type of permit appropriate for each where a permit is required.

(3)((.)) Permitting agencies may use a verbal, electronic, written, or general permit((s)) established by rule for any type of outdoor burning that requires a permit((: Provided that a written permit should be used, where feasible, for certain types of burning)).

(4)((.)) A written permit should be used, where feasible, for land clearing burning, storm or flood debris burning in areas where residential burning and land clearing burning are prohibited under NWCAA 502.6 (A), (B), or (C), ((or other outdoor burning has been banned under WAC 173-425-040 (1), (2), or (3))) and other outdoor burning (except any other outdoor burning necessary to protect public health and safety).

((6. Permits issued under section 502.5 shall provide that:

f. The rule for a general permit must establish periods of time when any burning under the permit must occur and must include all appropriate conditions for burning such as requirements for good combustion and restricting burning to specific weather conditions.))

(B)((.)) TYPES OF BURNING THAT REQUIRE A PERMIT. Except as otherwise stated, a permit is required for the following types of outdoor burning ((in all areas of the state)):

(1)((.)) Residential burning (except in nonurban areas of any county with an unincorporated population of less than 50,000 ((fifty thousand));

(2)((.)) Land clearing burning;

(3)((.)) Storm or flood debris burning;

(4)((.)) Tumbleweed burning (except in counties with a population of less than 250,000 ((two hundred fifty thousand));

(5)((.)) Weed abatement fires;

(6)((.)) Fire((-))fighting instruction fires for training to fight structural fires in urban growth areas and cities with a population over 10,000 ((ten thousand)), and all other fire((-))fighting instruction fires, except ((EXCEPT)):

(a)((.)) Fire((-))fighting instruction fires for training to fight structural fires as provided in RCW 52.12.150; ((and))

(b)((.)) Aircraft crash rescue fires as provided in RCW 70.94.650(5) ((28)) as referenced in NWCAA 104.1; and

(c)((.)) Forest fires ((as provided in RCW 70.94.6528.));

(7)((.)) Rare and endangered plant regeneration fires;

(8)((.)) Indian ceremonial fires (except on lands within the exterior boundaries of Indian reservations unless provided for by intergovernmental agreement);

(9)((.)) Recreational fires with a total fuel area greater than three feet in diameter and/or two feet in height (except in the nonurban areas of counties with an unincorporated population of less than 50,000 ((fifty thousand)); and

(10)((.)) Other outdoor burning if specifically authorized by the NWCAA ((local air authority or ecology)).

(C)((.)) FEES.

((1. Permitting agencies may charge a fee for any permit issued, provided that a fee must be charged for all permits issued for weed abatement fires and fire fighting instruction fires.))

((2.)) The fee for outdoor burning permits shall be as established in NWCAA 324.10. The amount of the fee ((All fees must be set by rule and must)) will not exceed the level necessary to recover the costs of administering and enforcing a permit program.

((D. PERMIT DECISIONS.

5. Any person having an outstanding penalty obligation to the NWCAA as a result of a violation of Section 502, except under appeal to the Pollution Control Hearings Board (PCHB) or other judicial body, shall be denied additional outdoor burning permits until the remaining balance is discharged.))

(D) ((E.)) ((RESIDENTIAL BURNING BY GENERAL PERMIT)) REQUIREMENTS FOR RESIDENTIAL BURNING.

((1. A general permit for residential burning is adopted for use:

3. The NWCAA may adopt a general permit for residential burning that prescribes a different set of days, not to exceed eight days per year, provided that adequate public notice of where and when the permit will apply is given.))

((4.)) The following conditions apply to all residential burning allowed without a permit under NWCAA 502.5 (B)(1) ((, in the nonurban areas of any county with an unincorporated population of less than fifty thousand, without a permit)) or allowed under a general, verbal, written, or electronic permit. Persons unable to meet these requirements and the requirements in NWCAA 502.4 ((and any other requirements)) must apply for and receive a written permit before burning. Failure to comply with all applicable requirements voids any applicable permit.

(1) ((a.)) ((The)) A responsible person ((responsible)) for the fire must contact the permitting agency and/or any other designated source for information on the burning conditions of each day.

(2) ((b.)) A fire may not be ignited, and must be extinguished, if an air pollution episode, impaired air quality condition, or fire danger burn ban that applies to the burning, is declared for the area.

(3) ((c.)) The fire must not include prohibited materials as listed in NWCAA 502.4(B).((, construction/demolition debris, or any substance other than natural vegetation.))

(4) ((d.)) The fire must not include materials hauled from another property.

(5) ((e.)) If any emission from the fire is detrimental to the health, safety, or welfare of any person, if it causes damage to property or business, or if it causes a nuisance, the fire must be extinguished immediately.

(6) ((f.)) A person capable of extinguishing the fire must attend it at all times and the fire must be extinguished before leaving it.

(7) ((g.)) No fires are to be within 50 ((fifty)) feet of structures.

(8) ((h.)) Permission from a landowner, or owner's designated representative, must be obtained before starting an outdoor fire.

(9) ((i.)) Any burn pile must not be larger than four feet in diameter and three feet high.

(10) ((j.)) Only one pile at a time may be burned, and each pile must be extinguished before lighting another.

(11) ((k.)) If an outdoor container is used for burning, it must be constructed of concrete or masonry with a completely enclosed combustion chamber and equipped with a permanently attached spark arrester constructed of iron, heavy wire mesh, or other noncombustible material with openings not larger than 0.5 ((one-half)) inch.

(12) ((l.)) No fire is allowed ((permitted)) within 500 ((five hundred)) feet of forest slash.

(E) ((F.)) FIELD RESPONSE AND ENFORCEMENT

(1)((.)) Any agency that issues permits, or adopts a general permit for any type of burning in an area, is responsible for field response to outdoor burning complaints and enforcement of all permit conditions and requirements unless another agency has agreed to be responsible.

(2)((.)) Except for enforcing Section 502.4 (E)(1)(d), the NWCAA will be responsible for enforcing any requirements that apply to burning that are prohibited or exempt from permits in areas of its jurisdiction, unless another agency agrees to be responsible.

(3)((.)) Permitting agencies and enforcing agencies may require that corrective action be taken, and may assess penalties to the extent allowed if they discover noncompliance.

502.6 AREAS AND TYPES OF PROHIBITED OUTDOOR BURNING.

(A)((.)) NONATTAINMENT AREAS. ((Nonattainment areas.)) Residential burning and land clearing burning shall not occur ((may not be allowed)) in any areas ((of the state)) that exceed federal or state ambient air quality standards for pollutants emitted by outdoor burning ((as identified in WAC 173-425-040(1))). These areas are limited to all nonattainment areas and former nonattainment areas for carbon monoxide, particulate matter (PM10 and PM2.5), sulfur dioxide, nitrogen dioxide, and lead.

(B)((.)) URBAN GROWTH AREAS. ((Urban Growth Areas.)) No person shall cause or allow ((R))residential burning and land clearing burning ((may not be allowed)) in any urban growth areas. ((except as follows:

2. Residential burning and land clearing burning may be allowed, until December 31, 2006, in urban growth areas that do not include an incorporated city.))

(C)((.)) CITIES OVER 10,000 POPULATION. ((Cities over 10,000 population.)) Residential burning and land clearing burning shall not occur ((may not be allowed)) in any cities having a population greater than 10,000 ((ten thousand)) people. ((after December 31, 2000.)) Cities having this population must be identified by using the most current population estimates available for each city.

(D)((.)) HIGH DENSITY AREAS. ((High density areas.)) Land clearing burning shall not occur ((may not be allowed)) in any area having a general population density of 1,000 ((one thousand)) or more persons per square mile. ((after December 31, 2000, if the area is contiguous with any area where land clearing burning has already been, or must be, prohibited under subsection (A), (B), or (C) of this section. Land clearing burning may not be allowed in any other areas having this density after December 31, 2006.)) All areas having this density must be identified by using the most current population data available for each census block group and dividing by the land area of the block group in square miles.

(E)((.)) AREAS WITH A REASONABLE ALTERNATIVE TO BURNING. ((Areas with a reasonable alternative to burning.)) Residential burning, land clearing burning, storm or flood debris burning, tumbleweed burning, weed abatement fires and other outdoor burning of organic refuse shall not occur ((may not be allowed)) in any area ((of the state)), including the areas identified in subsections 502.6(A) through ((-)) 502.6(D), when a reasonable alternative for that type of burning is found to exist in the area for that type of burning. A reasonable alternative for a particular type of burning exists when the alternative is available and reasonably economical and less harmful to the environment as defined in WAC 173-425-040(5) as referenced in NWCAA 104.1.

((F. By December 31, 2000 and at least every third year thereafter, each local air authority, and ecology in cooperation with counties must determine whether any reasonable alternative for a particular type of burning, where burning of that type is allowed, exists. Determinations for other outdoor burning must be made on a permit-by-permit basis to determine whether an alternative is available and reasonably economical and less harmful to the environment. A reasonable alternative exists when the option is available, reasonably economical, and less harmful to the environment as stated in WAC 173-425-040(5).))

((502.7 ADDITIONAL REQUIREMENTS FOR LAND CLEARING BURNING. The following "best available burning practices" shall be used when land clearing burns are conducted on land not subject to the Forest Protection Assessment (RCW 76.04.610). Land clearing burning conducted on lands subject to the Forest Protection Assessment is regulated by the Washington Department of Natural Resources under WAC 332-24-201.

J. It shall be unlawful for any person to cause or allow the burning of any land clearing material that has not been generated on that site.))

((502.8 Additional requirements for commercial establishments.

A. No outdoor burning is allowed at permanently located commercial establishments excluding land clearing operations. The Northwest Clean Air Agency may issue fire permits on a case-by-case basis for extenuating circumstances e.g., mitigating an immediate threat to human health or safety.))

PASSED: January 8, 1969 ((June 14, 2001)) AMENDED: June 14, 2001, July 10, 2003, July 14, 2005, November 8, 2007, September 11, 2014

504.1 Purpose. This Section establishes fees and controls for agricultural burning in the NWCAA jurisdiction in order to minimize adverse health effects and environmental impacts, consistent with best management practices and the responsibilities of the NWCAA under chapter ((WAC)) 173-430 WAC as referenced in NWCAA 104.1, RCW 70.94.6528 as referenced in NWCAA 104.1, 70.94.6532 as referenced in NWCAA 104.1, and 70.94.6524 as referenced in NWCAA 104.1. All agricultural burning as defined in chapter ((WAC)) 173-430 WAC as referenced in NWCAA 104.1 shall be conducted in accordance with the provisions of that chapter.

504.2 Applicability. This Section applies to agricultural burning in all areas of the NWCAA jurisdiction unless specifically exempted. Nothing in Section 504 shall apply to silvicultural burning or other outdoor burning (((Chapter 173-425 WAC))). Propane flaming for the purpose of vegetative debris removal is considered agricultural burning.

504.3 Conditions. All agricultural burning, except for agricultural burning that is incidental to commercial agricultural activities (((RCW 70.94.6524))), requires a permit and payment of a fee issued by the NWCAA.

504.4 Fees. In accordance with RCW 70.94.6528 as referenced in NWCAA 104.1, the NWCAA shall assess a fee for all agricultural burning permits as specified in NWCAA 324.9. ((All agricultural burning permits require a fee in accordance with Chapter 70.94.6528. Propane flaming for the purpose of vegetative debris removal is considered agricultural burning (WAC 173-430-030(1)). The fee shall be the greater of the minimal fee level and the variable fee level.))

((504.41 Minimum fee levels:

PASSED: February 14, 1973 AMENDED: ((By Adoption of WAC 18-16 January 24, 1972,)) August 9, 1978, June 7, 1990, May 9, 1996, May 14, 1998, November 12, 1998, November 8, 2007, September 11, 2014

550.1 The owner or operator of a source or activity that generates fugitive dust, including, but not limited to, material handling, building construction or demolition, abrasive blasting, roadways and lots, shall employ reasonable precautions to prevent fugitive dust from becoming airborne and must maintain and operate the source or activity to minimize emissions. ((It shall be unlawful for any person or operation to cause or permit material to be handled, transported or stored without using Reasonably Available Control Technology to prevent the release of fugitive particulate matter to the ambient air.))

((550.2 It shall be unlawful for any person to cause or permit a building or its appurtenances to be constructed, altered, repaired or demolished, or conduct abrasive blasting, without using Reasonably Available Control Technology to prevent the release of fugitive particulate matter to the ambient air.

550.3 It shall be unlawful for any person to cause or permit the release of fugitive particulate matter to the ambient air from public or private lots, roadways, or open areas without using Reasonably Available Control Technology.))

550.2 ((4)) It shall be unlawful for any person to cause or allow ((permit)) the emission of particulate matter which becomes deposited upon the property of others in sufficient quantities and of such characteristics and duration as is, or is likely to be, injurious to human health, plant or animal life, or property, or which unreasonably interferes with enjoyment of life and property.

PASSED: January 8, 1969 AMENDED: February 14, 1973, August 9, 1978, October 14, 1987, April 14, 1993, November 12, 1999, July 14, 2005, September 11, 2014

570.1 The Board of Directors of the Northwest Clean Air Agency recognize that asbestos is a serious health hazard. Any asbestos fibers released into the air can be inhaled and can cause lung cancer, pleural mesothelioma, peritoneal mesothelioma or asbestosis. The Board has, therefore, determined that any asbestos emitted to the ambient air is air pollution. Because of the seriousness of the health hazard, the Board of Directors has adopted this regulation to control asbestos emissions from asbestos removal projects in order to protect the public health. In addition, the Board has adopted these regulations to coordinate with the EPA asbestos NESHAP, the OSHA asbestos regulation, the Washington Department of Labor and Industries asbestos regulations, the Washington Department of Ecology Dangerous Waste regulation, and the solid waste regulations of Island, Skagit and Whatcom Counties.

570.2 DEFINITIONS

((a))) AHERA BUILDING INSPECTOR ((means a)) - A person who has successfully completed the training requirements for a building inspector established by EPA Asbestos Model Accreditation Plan((; Interim Final Rule)) (40 CFR Part 763, Appendix C to Subpart E, I.B.3) and whose certification is current.

((b))) AHERA PROJECT DESIGNER ((means a)) - A person who has successfully completed the training requirements for an abatement project designer established by EPA regulations (40 CFR 763.90(g)) and whose certification is current.

((c))) ASBESTOS ((means t)) - The asbestiform varieties of actinolite, amosite (cummingtonite-grunerite), tremolite, chrysotile (serpentinite), crocidolite (riebeckite), or anthophyllite.

((d))) ASBESTOS-CONTAINING MATERIAL ((means a)) - Any material containing more than one percent (((1%))) asbestos as determined using the method specified in EPA regulations Appendix A, Subpart F, 40 CFR Part 763, Section l, Polarized Light Microscopy.

((e))) ASBESTOS-CONTAINING WASTE MATERIAL ((means a)) - Any waste that contains or is contaminated with asbestos-containing material. Asbestos-containing waste material includes asbestos waste from control equipment, materials used to enclose the work area during an asbestos project, asbestos-containing material collected for disposal, asbestos-contaminated waste, debris, containers, bags, protective clothing, or HEPA filters. Asbestos-containing waste material does not include samples of asbestos-containing material taken for testing or enforcement purposes.

((f))) ASBESTOS PROJECT ((means a)) - Any activity involving the abatement, renovation, demolition, removal, salvage, clean up, or disposal of asbestos-containing material, or any other action that disturbs or is likely to disturb any asbestos-containing material. It includes the removal and disposal of stored asbestos-containing material or asbestos-containing waste material. It does not include the application of duct tape, rewettable glass cloth, canvas, cement, paint, or other non-asbestos materials to seal or fill exposed areas where asbestos fibers may be released.

((g))) ASBESTOS SURVEY ((means a)) - A written report describing an inspection using the procedures contained in EPA regulations (40 CFR 763.86), or an alternate method that has received prior written approval from the Control Officer, to determine whether materials or structures to be worked on, renovated, removed, or demolished (including materials on the outside of structures) contain asbestos.

((h))) COMPETENT PERSON ((means a)) - A person who is capable of identifying asbestos hazards and selecting the appropriate asbestos control strategy, has the NWCAA to take prompt corrective measures to eliminate them, and has been trained and is currently certified in accordance with the standards established by the Washington State Department of Labor & Industries, the federal Occupational Safety & Health Administration, or the United States Environmental Protection Agency (whichever agency has jurisdiction).

((i))) COMPONENT ((means a)) - Any equipment, pipe, structural member, or other item covered or coated with, or manufactured from, asbestos-containing material.

((j))) DEMOLITION ((means w)) - Wrecking, razing, leveling, dismantling, or burning of a structure, making all or part of the structure permanently uninhabitable or unusable.

((k))) FRIABLE ASBESTOS-CONTAINING MATERIAL ((means a)) - Asbestos-containing material that, when dry, can be crumbled, disintegrated, or reduced to powder by hand pressure or by the forces expected to act upon the material in the course of demolition, renovation, or disposal. Such materials include, but are not limited to, thermal system insulation, surfacing material, and cement asbestos products.

((l))) LEAK-TIGHT CONTAINER ((means a)) - A dust-tight and liquid-tight container, at least 6-mil thick, that encloses asbestos-containing waste material and prevents solids or liquids from escaping or spilling out. Such containers may include sealed plastic bags, metal or fiber drums, and sealed polyethylene plastic.

((m))) NONFRIABLE ASBESTOS-CONTAINING MATERIAL ((means a)) - Asbestos-containing material that, when dry, cannot be crumbled, disintegrated, or reduced to powder by hand pressure or by the forces expected to act on the material in the course of demolition, renovation, or disposal.

((n))) OWNER-OCCUPIED, SINGLE-FAMILY RESIDENCE ((means a)) - Any non-multiple unit building containing space for uses such as living, sleeping, preparation of food, and eating that is currently used by one family who owns the property as their ((domicile)) primary or seasonal residence. This term includes houses, mobile homes, trailers, detached garages, houseboats, and houses with a "mother-in-law apartment" or "guest room". This term does not include rental property or multiple-family units, nor does this term include any mixed-use building, structure, or installation that contains a residential unit.

((o))) PERSON ((means a)) - Any individual, firm, public or private corporation, association, partnership, political subdivision, municipality, or government agency.

((p))) RENOVATION ((means a)) - Altering a facility or a component in any way, except demolition.

((q))) SURFACING MATERIAL ((means m)) - Material that is sprayed-on, troweled-on, or otherwise applied to surfaces including, but not limited to, acoustical plaster on ceilings, paints, fireproofing materials on structural members, or other materials on surfaces for decorative purposes.

((r))) SUSPECT ASBESTOS-CONTAINING MATERIAL ((means m)) - Material that has historically contained asbestos including, but not limited to, surfacing material, thermal system insulation, roofing material, fire barriers, gaskets, flooring material, and siding.

((s))) THERMAL SYSTEM INSULATION ((means m)) - Material applied to pipes, fittings, boilers, tanks, ducts, or other structural components to prevent heat loss or gain.

570.3 ASBESTOS SURVEY REQUIREMENTS

(A) ((a))) Requirements for Renovations

It shall be unlawful for any person to cause or allow a renovation unless the property owner or the owner's agent determines whether there are suspect asbestos-containing materials in the work area and obtains an asbestos survey of any suspect asbestos-containing materials by an AHERA building inspector. An AHERA building inspector is not required for asbestos surveys associated with the renovation of an owner-occupied, single-family residence.

(1) If there are no suspect materials in the work area, this determination shall either be posted at the work site or communicated in writing to all contractors involved in the renovation.

(2) It is not required that an AHERA building inspector evaluate any material presumed to be asbestos-containing material.

(3) Except for renovations of an owner-occupied, single-family residence, only an AHERA building inspector may determine that a suspect material does not contain asbestos.

(4) A summary of the results of the asbestos survey shall either be posted by the property owner or the owner's agent at the work site or communicated in writing to all persons who may come into contact with the material.

(B) ((b))) Requirements for Demolitions

It shall be unlawful for any person to cause or allow any demolition unless the property owner or the owner's agent obtains an asbestos survey by an AHERA building inspector of the structure to be demolished.

(1) It is not required that an AHERA building inspector evaluate any material presumed to be asbestos-containing material.

(2) Only an AHERA building inspector may determine that a suspect material does not contain asbestos.

(3) A summary of the results of the asbestos survey shall either be posted by the property owner or the owner's agent at the work site or communicated in writing to all persons who may come into contact with the material.

570.4 NOTIFICATION REQUIREMENTS

(A) ((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 required fee and any additional information requested by the Control Officer, has been submitted to the NWCAA on approved forms, in accordance with the advance notification period requirements contained in 570.4(D((d))) of this Regulation.

(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 or 48 square feet (per structure, per calendar year) of any asbestos-containing material.

(3) Notification is not required for removal and disposal of the following nonfriable asbestos-containing materials: caulking, window glazing, or roofing. All other asbestos project and demolition requirements remain in effect except as provided by Section 570.

(4) Notification is required for all demolitions of structures with a greater than 120 square feet footprint even if no asbestos-containing material is present. All other demolition requirements remain in effect.

(5) The written notification shall be accompanied by the appropriate nonrefundable fee as set forth in 324.8 ((570.4(d))) of this Regulation unless prior arrangements for payment have been made with the NWCAA.

(6) A copy of the notification, all amendments to the notification, the asbestos survey, and any Order of Approval for an alternate means of compliance shall be available for inspection at all times at the asbestos project or demolition site.

(7) Notification for multiple asbestos projects or demolitions may be filed by a property owner on one form if all the following criteria are met:

(a) ((A))) The work will be performed continuously by the same contractor; and

(b) ((B))) A work plan is submitted that includes: a map of the structures involved in the project including the site address for each structure; the amount and type of asbestos-containing material in each structure; and the schedule for performing asbestos project and demolition work. For projects where a detailed work schedule cannot be provided the asbestos contractor and/or the demolition contractor shall participate in the NWCAA's work schedule fax program and will continue to participate in the program throughout the duration of the project.

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

(b) ((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 or less than 160 square feet on other components; and

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

(B) ((b))) Mandatory Amendments

((1) Mandatory Amendments))

An amendment shall be submitted to the Control Officer for the following changes in a notification:

(1) ((A))) Increases in the project type or job size category that increase the fee or change the advance notification period;

(2) ((B))) Changes in the type of asbestos-containing material that will be removed; or

(3) ((C))) Changes in the start date, completion date, or work schedule, including hours of work. Asbestos contractors or property owners participating in the NWCAA work schedule fax program are not required to submit amendments for work schedule changes occurring between the start and completion dates.

(C) ((c))) Emergencies

The Control Officer may waive the advance notification period, if the property owner submits a written request that demonstrates to the Control Officer that an asbestos project or demolition must be conducted immediately because of any of the following:

(1) There was a sudden, unexpected event that resulted in a public health or safety hazard;

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

(3) Asbestos-containing materials were encountered that were not identified during the asbestos survey; or

(4) The project must proceed to avoid imposing an unreasonable burden.

(D) ((d))) Notification Period ((and Fees))

*Demolitions with asbestos projects involving less than 10 linear feet or less than 48 square feet may submit an asbestos project notification under this project category and will be eligible for the 3-day notification period.

The Control Officer may waive the ((asbestos project fee and)) notification period, by written authorization, for disposal of unused and intact or abandoned (without the knowledge or consent of the property owner) asbestos-containing materials. All other asbestos project and demolition requirements remain in effect.

570.5 ASBESTOS REMOVAL REQUIREMENTS PRIOR TO RENOVATION OR DEMOLITION

(A) ((a))) Removal of Asbestos Prior to Renovation or Demolition

Except as provided in 570.6((7))(C((c))) of this Regulation, it shall be unlawful for any person to cause or allow any demolition or renovation that may disturb asbestos-containing material or damage a structure so as to preclude access to asbestos-containing material for future removal, without first removing all asbestos-containing material in accordance with the requirements of this regulation. Asbestos-containing material need not be removed from a component if the component can be removed, stored, or transported for reuse without disturbing or damaging the asbestos.

(B) ((b))) Exception for Hazardous Conditions

Asbestos-containing material need not be removed prior to a demolition, if the property owner demonstrates to the Control Officer that it is not accessible because of hazardous conditions such as: structures or buildings that are structurally unsound and in danger of imminent collapse, or other conditions that are immediately dangerous to life and health. The property owner must submit the written determination of the hazard by an authorized government official or a licensed structural engineer, and must submit the procedures that will be followed for controlling asbestos emissions during the demolition or renovation and disposal of the asbestos-containing waste material.

570.6 PROCEDURES FOR ASBESTOS PROJECTS

(A) ((a))) Training Requirements

It shall be unlawful for any person to cause or allow any work on an asbestos project unless it is performed by persons trained and certified in accordance with the standards established by the Washington State Department of Labor and Industries, the federal Occupational Safety and Health Administration, or the United States Environmental Protection Agency (whichever agency has jurisdiction) and whose certification is current. This certification requirement does not apply to ((asbestos projects conducted as part of a renovation in an owner-occupied, single-family residence performed by the resident owner of the dwelling)) individuals who work on asbestos projects on their own single family residence(s), no part of which is used for any commercial purpose.

(B) ((b))) Asbestos Removal Work Practices

Except as provided in 570.6((7))(C((c))) of this Regulation, it shall be unlawful for any person to cause or allow the removal of asbestos-containing material unless all the following requirements are met:

(1) The asbestos project shall be conducted in a controlled area, clearly marked by barriers and asbestos warning signs. Access to the controlled area shall be restricted to authorized personnel only.

(2) If a negative pressure enclosure is employed it shall be equipped with transparent viewing ports, if feasible, and shall be maintained in good working order.

(3) Absorbent, asbestos-containing materials, such as surfacing material and thermal system insulation, shall be saturated with a liquid wetting agent prior to removal. Any unsaturated, absorbent, asbestos-containing materials exposed during removal shall be immediately saturated with a liquid wetting agent.

(4) Nonabsorbent, asbestos-containing materials, such as cement asbestos board or vinyl asbestos tile, shall be continuously coated with a liquid wetting agent on any exposed surface prior to and during removal. Any dry surfaces of nonabsorbent, asbestos-containing materials exposed during removal shall be immediately coated with a liquid wetting agent.

(5) Metal components (such as valves, fire doors, and reactor vessels) that have internal asbestos-containing material are exempt from the requirements of 570.6 (B((b)))(3) and 570.6 (B((b)))(4) if all access to the asbestos-containing material is welded shut or the component has mechanical seals, which cannot be removed by hand, that separate the asbestos-containing material from the environment.

(6) Except for surfacing materials being removed inside a negative pressure enclosure, asbestos-containing materials that are being removed, have been removed, or may have fallen off components during an asbestos project shall be carefully lowered to the ground or a lower floor, not dropped, thrown, slid, or otherwise damaged.

(7) All asbestos-containing waste material shall be sealed in leak-tight containers as soon as possible after removal but no later than the end of each work shift.

(8) All absorbent, asbestos-containing waste material shall be kept saturated with a liquid wetting agent until sealed in leak-tight containers while saturated with a liquid wetting agent. All nonabsorbent, asbestos-containing waste material shall be kept coated with a liquid wetting agent until sealed in leak-tight containers while coated with a liquid wetting agent.

(9) The exterior of each leak-tight container shall be free of all asbestos residue and shall be permanently labeled with an asbestos warning sign as specified by the Washington State Department of Labor and Industries or the federal Occupational Safety and Health Administration.

(10) Immediately after sealing, each leak-tight container shall be permanently marked with the date the material was collected for disposal, the name of the waste generator, and the address at which the waste was generated. This marking must be readable without opening the container.

(11) Leak-tight containers shall not be dropped, thrown, slid, or otherwise damaged.

(12) The asbestos-containing waste material shall be stored in a controlled area until transported to an approved waste disposal site.

(C) ((c))) Method of Removal for Nonfriable Asbestos-Containing Roofing Material

The following asbestos removal method shall be employed for asbestos-containing roofing material that has been determined to be nonfriable by a Competent Person or an AHERA Project Designer:

(1) The nonfriable asbestos-containing roofing material shall be removed using methods such as spud bar and knife. Removal methods such as sawing or grinding shall not be employed;

(2) Dust control methods shall be used as necessary to assure no fugitive dust is generated from the removal of nonfriable asbestos-containing roofing material;

(3) Nonfriable asbestos-containing roofing material shall be carefully lowered to the ground to prevent fugitive dust;

(4) After being lowered to the ground, the nonfriable asbestos-containing roofing material shall be immediately transferred to a disposal container; and

(5) Each disposal container shall have a sign identifying the material as nonfriable asbestos-containing roofing material.

570.7 COMPLIANCE WITH OTHER RULES

Other government agencies have adopted rules that may apply to asbestos projects regulated under these rules including, but not limited to, the U.S. Environmental Protection Agency, the Occupational Safety and Health Administration, and the Department of Labor and Industries. Nothing in the Agency's rules shall be construed as excusing any person from complying with any other applicable local, state, or federal requirement.

570.8 DISPOSAL OF ASBESTOS-CONTAINING WASTE MATERIAL

(A) ((a))) Except as provided in 570.8(C((c))) of this Regulation, it shall be unlawful for any person to cause or allow the disposal of asbestos-containing waste material unless it is deposited within 10 days of removal at a waste disposal site authorized to accept such waste.

(B) ((b))) Waste Tracking Requirements

It shall be unlawful for any person to cause or allow the disposal of asbestos-containing waste material unless the following requirements are met:

(1) Maintain waste shipment records, beginning prior to transport, using a form that includes the following information:

(a) ((A))) The name, address, and telephone number of the waste generator;

(b) ((B))) The approximate quantity in cubic meters or cubic yards;

(c) ((C))) The name and telephone number of the disposal site operator;

(d) ((D))) The name and physical site location of the disposal site;

(e) ((E))) The date transported;

(f) ((F))) The name, address, and telephone number of the transporter; and

(g) ((G))) A certification that the contents of the consignment are fully and accurately described by proper shipping name and are classified, packed, marked, and labeled, and are in all respects in proper condition to transport by highway according to applicable international and government regulations.

(2) Provide a copy of the waste shipment record to the disposal site at the same time the asbestos-containing waste material is delivered.

(3) If a copy of the waste shipment record, signed by the owner or operator of the disposal site, is not received by the waste generator within 35 calendar days of the date the waste was accepted by the initial transporter, contact the transporter and/or the owner or operator of the disposal site to determine the status of the waste shipment.

(4) If a copy of the waste shipment record, signed by the owner or operator of the disposal site, is not received by the waste generator within 45 days of the date the waste was accepted by the initial transporter, report in writing to the Control Officer. Include in the report, a copy of the waste shipment record and a cover letter signed by the waste generator explaining the efforts taken to locate the asbestos waste shipment and the results of those efforts.

(5) Retain a copy of all waste shipment records, including a copy of the waste shipment record signed by the owner or operator of the designated waste disposal site, for at least 2 years.

(C) ((c))) Temporary Storage Site

A person may establish a facility for the purpose of collecting and temporarily storing asbestos-containing waste material if the facility is approved by the Control Officer and all the following conditions are met:

(1) Accumulated asbestos-containing waste material shall be kept in a controlled storage area posted with asbestos warning signs and accessible only to authorized persons;

(2) All asbestos-containing waste material shall be stored in leak-tight containers and the leak-tight containers shall be maintained in good condition;

(3) The storage area must be locked except during transfer of asbestos-containing waste material; and

(4) Storage, transportation, disposal, and return of the waste shipment record to the waste generator shall not exceed 90 days.

(D) ((d))) Disposal of Asbestos Cement Pipe

Asbestos cement pipe used on public right-of-ways, public easements, or other places receiving the prior written approval of the Control Officer may be buried in place if the pipe is covered with at least 3 feet or more of non-asbestos fill material. All asbestos cement pipe fragments that are 1 linear foot or less and other asbestos-containing waste material shall be disposed of at a waste disposal site authorized to accept such waste.

PASSED: November 12, 1998 AMENDED ((Amended)): July 14, 2005, November 8, 2007, September 11, 2014