WSR 16-15-066 PROPOSED RULES OLYMPIC REGION CLEAN AIR AGENCY [Filed July 18, 2016, 2:59 p.m.]
Original Notice.
Title of Rule and Other Identifying Information: Olympic Region Clean Air Agency (ORCAA) Regulations, Regulation 6 – Required Permits, Rule 6.3 Asbestos.
Hearing Location(s): ORCAA, 2940 Limited Lane N.W., Olympia, WA 98502, on September 14, 2016, at 10:00 a.m.
Date of Intended Adoption: September 14, 2016.
Submit Written Comments to: Robert Moody, 2940 Limited Lane N.W., Olympia, WA 98502, e-mail robert.moody@orcaa.org, fax (360) 491-6308, by September 9, 2016.
Assistance for Persons with Disabilities: Contact Dan Nelson by September 2, 2016, (360) 539-7610.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: ORCAA is proposing to revise the entire Asbestos Rule 6.3. This revision will better align our rule with rules of other state and local agencies. This will ease some of the frustration of companies that operate within differing jurisdictions. Significant changes include moving from a permit system to a notification system; the notification period will be ten days for most asbestos projects; change the size of an asbestos project to forty-eight square feet to align with other agencies; require an asbestos survey for all structures being demolished that are greater than one hundred twenty square feet; and, renovations would require an asbestos survey when the surface area is forty-eight square feet or more.
Reasons Supporting Proposal: The asbestos abatement contractors have expressed concern of differing requirements in different jurisdictions.
Statutory Authority for Adoption: Chapter 70.94 RCW.
Statute Being Implemented: Chapter 70.94 RCW.
Rule is not necessitated by federal law, federal or state court decision.
Name of Proponent: ORCAA, governmental.
Name of Agency Personnel Responsible for Drafting: Robert Moody, 2940 Limited Lane N.W., Olympia, (360) 539-7610; Implementation and Enforcement: Francea L. McNair, 2940 Limited Lane N.W., Olympia, (360) 539-7610.
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, and the agency is not a school district.
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.
July 18, 2016
Francea L. McNair
Executive Director
AMENDATORY SECTION
RULE 6.3 ASBESTOS
((The Board of Directors of the Olympic Region Clean Air Agency has found that the use, production, and emission of air contaminants into the atmosphere in the ORCAA region poses a threat to the public health, safety, and welfare of the citizens of the region and causes degradation of the environment. Therefore the Board, in order to control the emission of toxic air pollutants and to provide uniform enforcement of air pollution control in its jurisdiction and to carry out the mandates and purposes of the Washington Clean Air Act, the Federal Clean Air Act, and the National Emission Standards for Hazardous Air Pollutants (NESHAPS) (40 CFR Part 61), declares the necessity of the adoption of these rules pertaining to air contaminants.))
The Board of Directors of the Olympic Region 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 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 Clallam, Grays Harbor, Jefferson, Mason, Pacific and Thurston counties.
AMENDATORY SECTION
Rule 6.3.1 Definitions
When used in this Rule the following definitions shall apply:
(("Adequately Wet" means sufficiently mixed, saturated, penetrated, or coated with a continuous fine mist of water or an aqueous solution to prevent visible emissions.
"AHERA Building Inspector" means 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.
"Asbestos" means the asbestiform varieties of serpentinite (chrysotile), riebeckite (crocidolite), cummingtonite-grunerite (amosite), anthophyllite, and actinolite-tremolite.
"Asbestos Containing Material (ACM)" means any material containing at least one percent (1%) asbestos as determined by polarized light microscopy using the Interim Method of the Determination of Asbestos in Bulk Samples contained in Appendix A of Subpart E in 40 CFR Part 763. Asbestos containing waste material includes asbestos containing material that has been disturbed or deteriorated in a way that is no longer an integral part of the structure or component, 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. This term does not include asbestos containing roofing material, regardless of asbestos content, when all of the following conditions are met:
(a) The asbestos containing roofing material is in good condition and is not peeling, cracking, or crumbling; and
(b) The binder is petroleum based, the asbestos fibers are suspended in that base, and the individual fibers are still encapsulated; and
(c) The binder still exhibits enough plasticity to prevent the release of asbestos fibers in the process of removing it; and
(d) The building, vessel, or structure containing the asbestos containing roofing material will not be demolished by burning or mechanical renovation/demolition methods that may release asbestos fibers.
"Asbestos Encapsulation" means the application of an encapsulant to the asbestos materials to control the release of asbestos fibers into the air.
"Asbestos Project" means the disturbance, destruction, salvage, or disposal of any asbestos material. This term includes the removal and disposal of asbestos containing waste material from manufacturing operations that combine asbestos containing material with any other material(s) to produce a product and the removal and disposal of stored asbestos containing material or asbestos containing waste material. This term does not include the removal of less than 10 linear feet or 11 square feet of asbestos containing material. Nor does it include the application of duct tape, rewettable glass cloth, canvas, cement, paint, or other nonasbestos materials to seal or fill exposed areas where asbestos fibers may be released.
"Asbestos Survey" means an inspection using the procedures contained in 40 CFR 763.86 and 40 CFR 763.87, or an alternate method that has received prior written approval from the Control Officer, or designee, to determine whether materials or structures to be worked on, removed, disturbed, or demolished, contain asbestos. In residential dwellings, asbestos samples may be taken by the resident owner of the dwelling.
"Certified Asbestos Worker/Supervisor" means a person who is certified as required by the Washington State Department of Labor and Industries under WAC 296-65-010, WAC 296-65-012, and WAC 296-65-030 to undertake an asbestos project or, for federal employees working in a federal facility, trained in an equally effective program approved by the United Stated Environmental Protection Agency.
"Collected for Disposal" means asbestos containing material properly sealed in a leak tight, labeled container while adequately wet.
"Component" means any equipment, pipe, structural member, or other item covered, coated, or manufactured from asbestos containing material.
"Controlled Area" means an area to which only certified asbestos workers, or other persons authorized by the Washington Industrial Safety and Health Act, have access. For residential dwellings, the controlled area is the interior of the dwelling, garage, or fenced area that is secured, and where warning signs are posted accordingly.
"Demolition" means the wrecking, dismantling, fire department training, or removal of any load supporting structural member that makes that portion of the structure unusable. Dismantling an owner occupied residential dwelling, or portion thereof, by hand does not constitute a demolition.
"Emergency" means a renovation operation that was not planned but results from a sudden, unexpected event that, if not immediately attended to, presents a safety or public health hazard, is necessary to protect equipment from damage, or is necessary to avoid imposing an unreasonable financial burden. This term includes operations necessitated by nonroutine failures of equipment.
"Facility" means any institutional, commercial, public, industrial, or residential structure, installation, building, (including any building containing condominiums or individual dwelling units operated as a residential cooperative) any vessel; ship; and any active or inactive waste disposal site. For purposes of this definition, any building, structure, or installation that contains a loft used as a dwelling, is not considered a residential structure, installation, or building. Any structure, installation or building that was previously subject to this subpart is not excluded, regardless of its current use of function.
"Fugitive Source" means any sources of emissions not controlled by an air pollution control device.
"HEPA Filter" means a High Efficiency Particulate Air filter found in respirators and vacuum systems capable of filtering 0.3 micrometer mean aerodynamic diameter particles with 99.97% efficiency.
"Leak Tight Container" means a dust tight container, at least 6 mil thick, that encloses the 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 polyethylene plastic.
"Local Exhaust Ventilation and Collection System" means a system as described in Appendix J of EPA 560/565-024 (Guidance for Controlling Asbestos Containing Materials in Buildings).
"Owner or Operator" means any person who owns, leases, operates, controls, or is responsible for activities at an asbestos project site, or an asbestos project operation, or both.
"Owner Occupied Residential Dwelling" means any single family housing unit which is permanently or seasonally occupied by the owner of the unit both prior to and after renovation or demolition. This term includes houses, mobile homes, trailers, houseboats, and houses with a 'mother-in-law apartment' or 'guest rooms.' This term does not include structures that are to be demolished or renovated as part of a commercial or public project. Nor does this term include any mixed-use building, structure, or installation that contains a residential unit, or any building that is leased, used as a rental, or for commercial purposes.
"Renovation" means the altering of a structure in a way that removes structural supports and/or other framing, but does not render the building uninhabitable.
"Visible Asbestos Emissions" means any asbestos containing materials that are visually detectable without the aid of instruments.
"Waste Generator" means any owner or operator of a source whose act or process produces asbestos containing waste material.
"Waste Shipment Record" means the shipping document required to be originated and signed by the owner or operator, used to track and substantiate the disposition of asbestos containing waste material.
"Work Day" means Monday through Friday and includes holidays that fall on any of the days Monday through Friday.))
Asbestos – The asbestiform varieties of serpentinite (chrysotile), riebeckite (crocidolite), cummingtonite-grunerite (amosite), anthophyllite, and actinolite-tremolite.
Asbestos-containing Materials (ACM) – Any material containing more than one percent (1%) asbestos as determined using the method specified in EPA Method for the Determination of Asbestos in Building Materials EPA/600/R-93/116, July 1993, or more effective method as approved or required by EPA. This definition includes all loose vermiculite used as insulation.
Asbestos-containing Waste Material – 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.
Asbestos Hazard Emergency Response Act (AHERA) Building Inspector – A person who has successfully completed the training requirements for a building inspector established by EPA Asbestos Model Accreditation Plan (40 CFR Part 763, Appendix C to Subpart E.I.B.3) and whose certification is current.
Asbestos Hazard Emergency Response Act (AHERA) Project Designer – 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.
Asbestos Project – Any activity involving the abatement, renovation, demolition, removal, salvage, clean up, or disposal of asbestos-containing materials, or any other action that disturbs or is likely to disturb any asbestos-containing materials. It includes the removal and disposal of stored asbestos-containing materials or asbestos-containing waste material. This term 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.
Asbestos Survey – A written report describing an inspection using the procedures contained in EPA regulations (40 CFR 763.86 and 40 CFR 763.87), or an alternate method that has received prior written approval from the Control Officer, or designee, to determine whether materials or structures to be worked on, removed, disturbed, or demolished, contain asbestos.
Component – Any equipment, pipe, structural member, or other item covered or coated with, or manufactured from, asbestos-containing materials.
Demolition – Wrecking, razing, dismantling, burning via fire protection agency training, or removal of any load supporting structural member of a structure, including any related handling operations, making all or part of the structure permanently uninhabitable or unusable.
Friable Asbestos-containing Materials – Asbestos-containing materials that when dry can be crumbled, disintegrated, or reduced to powder by hand pressure or by the forces expected to act upon the materials in the course of demolition, renovation or disposal.
HEPA Filter – A High Efficiency Particulate Air filter found in respirators and vacuum systems capable of filtering 0.3 micrometer mean aerodynamic diameter particles with 99.97% efficiency.
Leak-Tight Container – A dust-tight and liquid-tight container 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.
Liquid Wetting Agent – Water in which a surfactant (detergent) has been added.
Non-friable Asbestos-containing Materials – Asbestos-containing materials that when dry cannot be crumbled, disintegrated, or reduced to powder by hand pressure or by the forces expected to act on the materials in the course of demolition, renovation, or disposal.
Renovation – To make changes or repairs, other than demolition, to a structure.
Single-Family Residence – Any structure containing space for use such as living, sleeping, food preparation and eating. This term includes houses, mobile homes, detached garages, houseboats, and houses with a "mother-in-law apartment" or "guest room". This term does not include multiple-family units (i.e. apartment, duplex, condominium, etc.), nor does this term include any mixed-use building, structure, or installation that contains a residential unit.
Surfacing Material – Material that is sprayed or 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.
Suspect Material – Material that has historically contained asbestos including, but not limited to, surfacing material, thermal system insulation, roofing material (except 3-tab composite roofing), fire barriers, gaskets, flooring material, and cement or concrete siding.
Thermal System Insulation – Material applied to pipes, fittings, boilers, tanks, ducts, or other structural components to prevent heat loss or gain.
Visible Asbestos Emissions – Any asbestos containing materials that are visually detectable without the aid of instruments.
Waste Generator – Any owner or operator of a facility whose act or process produces asbestos-containing waste material.
Waste Shipment Record – The shipping document required to be originated and signed by the owner or operator, used to track and substantiate the disposition of asbestos-containing waste material.
AMENDATORY SECTION
((Rule 6.3.2 Notification Requirement
(a) Application Requirements – Applicability. It shall be unlawful for any person to cause or allow work on an asbestos or demolition project unless the owner or operator has obtained written approval from the Control Officer, or designee, as follows:
(1) A written "Asbestos Permit" or a "Demolition Permit" shall be submitted on Agency provided forms by the owner or operator for approval by the Control Officer, or designee, before any work on an asbestos project or demolition begins. It shall be unlawful for any person to cause or allow any false or misrepresenting information on either form.
(2) The written permit for asbestos removal and/or demolition shall be accompanied by the appropriate fee, found in Rule 3.5.
(3) The written permit for a demolition shall also include a certification that there is no known asbestos containing material remaining in the area of the demolition.
(4) The duration of an asbestos project or demolition shall have a starting and completion date that is commensurate with the amount of work involved and shall not exceed one (1) year beyond the original submission date.
(5) A copy of the approved permit and asbestos survey and all subsequent amendments shall be available for inspection at the asbestos project or demolition site.
(6) Submission of an "Asbestos Permit" shall be prima facie evidence that the asbestos project involves asbestos containing material.
(7) Permits for multiple asbestos projects may be filed on one form, if the following criteria are met:
(i) The work will be performed continuously by the same contractor; and
(ii) The structures are in a contiguous group and the property owner has the same original post office box or mailing address; and
(iii) All asbestos, renovation or demolition projects are bid as a group under the same contract; and
(iv) The project specifications regarding location and dates are provided in detail in the form of a work plan. The work plan submitted must include:
(A) a map of the structures involved in the project;
(B) the site address for each structure;
(C) the amount and type of asbestos containing material in each structure (for structures with ACM);
(D) the schedule for performing asbestos project and demolition work;
(E) a copy of the asbestos survey for all structures that do not contain asbestos containing materials; and
(F) any other information requested.
(b) Permit Requirements – Advance Notification Period. Any permits required by Rule 6.3.2(a) shall be considered incomplete until all the information required by Rule 6.3.2(a) is received by the Control Officer, or designee, and accompanied by the appropriate, nonrefundable fee. The appropriate fee shall be determined by Rule 3.5:
(c) The notification for either an asbestos or demolition project shall be 10 working days, unless the project falls into a category below:
(1) The project is deemed an emergency.
(2) Prior Notification is required for removal and disposal of the following nonfriable asbestos containing materials: caulking, window-glazing, or roofing (being removed by mechanical means). All other asbestos project and demolition requirements remain in effect.
(3) Prior Notification is required for asbestos removal or demolitions involving owner-occupied, single-family residences.
(d) Annual Permits. In addition to the permit requirement of Rule 6.3.2(a) and 6.3.2(b), the owner or operator of a facility may file for approval by the Control Officer, or designee, an annual written permit to conduct asbestos projects on one or more buildings, vessels, or structures at the facility during each calendar year for the purpose of scheduled maintenance or emergency repairs. The requirements of Rule 6.3.2 (a)(1) through 6.3.2 (a)(4), 6.3.2 (a)(6), and 6.3.2(b) shall not apply to asbestos projects undertaken during the calendar year at the applicable facility if all of the following conditions are met:
(1) Annual Permit – Restrictions.
(i) The annual written permit shall be filed for approval by the Control Officer, or designee, before commencing work on any asbestos project to be specified in an annual permit.
(ii) The total amount of asbestos containing material for all asbestos projects from each structure, vessel, or building in a calendar year under this rule shall be limited to less than 260 linear feet on pipe and 160 square feet on other components.
(iii) The permit requirements of Rules 6.3.2(a) and 6.3.2(b) shall apply to any asbestos project involving at least 260 linear feet on pipes or 160 square feet on other components for each building, vessel, or structure at the facility, including residential dwellings.
(iv) A copy of the written annual permit shall be available for inspection at the property owner or operator's office until the end of the calendar year.
(v) Asbestos containing waste material generated from asbestos projects filed under an annual permit may be stored for disposal at the facility if all of the following conditions are met:
(A) All asbestos containing waste material shall be treated in accordance with Rules 6.3.4 (a)(1), 6.3.4 (a)(2), and 6.3.4 (a)(3);
(B) Accumulated asbestos containing waste material collected during each calendar quarter shall be kept in a controlled storage area posted with one (1) or more asbestos warning signs and accessible only to authorized persons; and
(C) All stored asbestos containing waste material shall be deposited at a waste disposal site within ninety (90) calendar days after collection for disposal unless the asbestos containing waste is handled as dangerous waste in accordance with chapter 173-303 WAC. The waste disposal site shall be operated in accordance with the provisions of 40 CFR 61.154 or 61.155 and approved by the appropriate health department within the Agency's jurisdiction.
(2) Annual Permit – Reporting Requirements and Fees. Annual written permit required by Rule 6.3.2(c) shall be submitted by the facility owner or operator on forms provided by the Agency and filed for approval by the Control Officer, or designee, accompanied by the annual fee stated in Rule 3.5.
(3) Annual Permit – Quarterly Reporting Requirements. In addition to the written annual permit requirements of Rule 6.3.2(c), the facility owner or operator shall submit quarterly written reports to the Control Officer, or designee, within fifteen (15) days after the end of each calendar quarter.
(4) Work Done Without Notification – Any work on an asbestos project, renovation, or demolition, for which notification is required, and is commenced or performed prior to obtaining approval from the Control Officer, or designee, constitutes a violation of this Rule.
(e) Permit Requirements – Amendments. It shall be unlawful for any person to cause or allow any deviation from information contained in a written permit unless an amended permit has been received and approved by the Control Officer, or designee. Amended permits required by this rule shall be filed by the original applicant, received by the Control Officer, or designee, no later than the last filed completion date, and are limited to the following revisions:
(1) A change in the job size category because of additional asbestos containing material. In this case, the fee shall be increased accordingly and the fee shall be equal to, but not exceed, the fee amount provided for each size category specified in Rule 3.5;
(2) The asbestos project, renovation, or demolition starting or completion date, provided that the total duration of the work does not exceed one (1) calendar year beyond the original submission date. If the appropriate waiting period has passed, further waiting is not required. If a waiting period is required, it shall be based on the original submission date.
(3) Name, mailing address, and telephone number of the owner or operator of the asbestos project site or operation;
(4) Waste disposal site, provided the revised waste disposal site is operated in accordance with the provisions of 40 CFR 61.154 or 40 CFR 61.155 and approved by the appropriate health department within the Agency's jurisdiction; and
(5) Any other information requested by the Control Officer, or designee.
(f) Opportunity for Amendment – In no case shall an amendment be accepted and approved by the Agency if it is filed after the last completion date on record. In the case of additional work to be performed after the last completion date on record, a new permit shall be submitted to the Agency and shall be accompanied by the appropriate nonrefundable fee as set forth in Rule 3.5
(g) Advance Notification Period – Exemptions (Emergency). The Control Officer, or designee, may waive the required ten working day advance notification period in Rule 6.3.2 for an asbestos project or demolition if the facility owner demonstrates to the Control Officer, or designee, that there is an emergency as follows:
(1) There was a sudden, unexpected event that resulted in a public health or safety hazard; or
(2) The project must proceed immediately to protect equipment, ensure continuous vital utilities, or minimize property damage; or
(3) Asbestos containing materials encountered that were not identified during the asbestos survey; or
(4) The project must proceed to avoid imposing an unreasonable financial burden to the property owner.
The request for an Emergency Project must meet the requirements below:
(5) Emergency Asbestos Project. The owner of a facility may submit a signed written request to waive the required ten (10) working day advance notification period for an asbestos project. The request shall be submitted for approval by the Control Officer, or designee, and be accompanied by the required permit and appropriate fee as required by Rules 3.5, 6.3.2(a), and 6.3.2(b). Any request for approval of an emergency asbestos project shall include, at a minimum:
(i) The complete name, mailing address, and telephone number of the facility owner or operator, including city and zip code;
(ii) The complete street address or location of the asbestos project site, including the city and zip code;
(iii) A description of the sudden and unexpected event including the date the emergency occurred; and
(iv) An explanation of how the sudden and unexpected event has caused an emergency condition.
(6) Government Ordered Demolition. The owner of a facility may submit a signed written request to waive the required ten (10) working day advance notification period for a demolition if the request is accompanied by a copy of an order from a federal, state, or local government agency that requires demolition before the ten (10) working day advance notification period has elapsed. The request and copy of the order shall be submitted for approval by the Control Officer, or designee, and be accompanied by the required permits and appropriate fee as required by Rules 3.5, 6.3.2(a) and 6.3.2(b). Any request for approval of an emergency demolition shall include, at a minimum:
(i) The complete name, mailing address, and telephone number of the owner or operator of the facility and the asbestos/demolition project including the city and zip code;
(ii) The complete street address or location of the demolition site, including the city and zip code;
(iii) The name, title, and authority of the government representative who has ordered the demolition;
(iv) The reason why the demolition was ordered; and
(v) The dates on which the order was received and the demolition was ordered to begin.))
Rule 6.3.2 Asbestos Survey Requirements
(a) Renovation. An asbestos survey is required for any renovation involving 48 square feet, or more, of suspect asbestos material. The property owner or the owner's agent shall determine whether there are suspect asbestos-containing materials (ACM) in the work area and obtain an asbestos survey by an Asbestos Hazard Emergency Response Act (AHERA) building inspector. An AHERA building inspector is not required for asbestos surveys associated with the renovation of a single-family residence. In lieu of a survey, the owner of the residence may collect samples to have analyzed by a National Voluntary Laboratory Accreditation Program (NVLAP) certified lab per 40 CFR 763.87.
(1) A summary of the results of the asbestos survey shall be available at the work site and communicated to all persons who may come into contact with the material.
(2) If there are no suspect materials in the work area, this determination shall be available at the work site and communicated to all persons involved in the renovation.
(3) It is not required that an AHERA building inspector sample any material presumed to be ACM.
(b) Demolition. 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.
(1) It is not required that an AHERA building inspector evaluate any material presumed to be ACM.
(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 be available at the work site and communicated to all persons who may come into contact with the material.
AMENDATORY SECTION
((Rule 6.3.3 Procedures for Asbestos Emission Control
(a) Asbestos Project – Requirements. It shall be unlawful for any person to cause or allow work on an asbestos project unless the following procedures are employed:
(1) Any work on an asbestos project shall be performed by certified asbestos workers under the direct, onsite supervision of a certified asbestos supervisor. This certification requirement shall not apply to asbestos projects conducted in an owner-occupied, single family residence performed by the resident owner of the dwelling in accordance with Rule 6.3.3(b).
(2) 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, including occasions when asbestos abatement is not actively occurring (e.g., when workers are on break or temporarily off-site).
(3) All asbestos containing material shall be kept adequately wet while being removed from any structure, building, vessel, or component.
(4) All asbestos containing material that has been removed or may have fallen off components during the course of an asbestos project shall be:
(i) Kept adequately wet until collected for disposal; and
(ii) Collected for disposal at the end of each working day; and
(iii) Contained in a controlled area at all times until transported to a waste disposal site; and
(iv) Carefully lowered to the ground or a lower floor, not dropped, thrown, slid, or otherwise handled in such a manner that may risk further damage to them; or
(v) Transported to the to the ground via dust tight chutes or containers if they have been removed or stripped more than 50 feet above ground level and were not removed as a unit or in sections.
(5) 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.
(6) No visible emissions shall result from an asbestos project.
(7) Mechanical assemblies or components covered, coated, or manufactured from asbestos containing material, removed as a unit or in sections, shall be contained in a leak tight wrapping after wetting and labeled in accordance with Rule 6.3.4 (a)(1)(iii).
(i) For large components such as boilers, steam generators, and large tanks, the asbestos containing material is not required to be removed or stripped if the components can be removed, stored, transported, and deposited at a waste disposal site or reused without disturbing or damaging the asbestos.
(ii) Metal components such as valves, fire doors, and reactor vessels that have internal asbestos containing material may avoid wetting and leak tight wrapping if:
(A) All access to the asbestos containing material is welded shut; or
(B) The component has mechanical seals in place that separate the asbestos containing material from the environment and these seals cannot be removed by hand; and
(C) The components are labeled in accordance with Rule 6.3.4 (a)(1)(iii).
(8) Local exhaust ventilation and collection systems used on an asbestos project shall:
(i) Be maintained to ensure the integrity of the system; and
(ii) When feasible, have one or more transparent plastic or glass viewing ports installed on the walls of the enclosure in such a manner that will allow for viewing of all components inside the enclosure. When available, existing windows may be utilized for viewing ports.
(9) Local exhaust ventilation and collection systems, control devices, and vacuum systems, used on an asbestos project shall be equipped with a HEPA exhaust filter, maintained in good working order, and exhibit no visible emissions.
(10) It shall be unlawful for any person to create or allow a condition that results in the disturbance, or likely disturbance, of asbestos containing material (e.g., not removing all asbestos containing material in a structure scheduled for demolition or partially removing asbestos containing material and leaving remaining asbestos containing material in a state that makes it more susceptible to being disturbed, or leaving it on the ground, outside and open to the environment.
(b) Asbestos Project – Exemptions for Residential Dwellings. The requirements of 6.3.3 (a)(1) shall not apply to the removal of asbestos on furnace interiors and direct applied mudded asbestos insulation on hot water heating systems. This work must be done by asbestos certified individuals in accordance with Washington State Labor and Industries or Occupational Safety Health Administration standards.
(c) Renovation – Requirements. It shall be unlawful for any person to cause of allow any renovation unless prior to renovation, the property owner or the owner's agent obtains an asbestos survey, or can otherwise competently declare the material being removed as not containing asbestos and file appropriate permits.
(d) Demolition – Requirements. It shall be unlawful for any person to cause or allow the demolition of any building, vessel, structure, or portion thereof, unless all asbestos containing materials have been removed from the area to be demolished. It shall be unlawful for any person to cause or allow any demolition that would disturb asbestos containing material or prevent access to the asbestos containing material for removal and disposal.
(e) Demolition – Asbestos Removal Exemptions. Asbestos containing material need not be removed before the demolition of any building, vessel, structure, or portion thereof if:
(1) The asbestos containing material is on a component that is encased in concrete or other material determined by the Control Officer, or designee, to be equally effective in controlling asbestos emissions. In this case, the permit requirements of Rule 6.3.2 shall apply and these materials shall be kept adequately wet whenever exposed during demolition until disposed of in accordance with Rule 6.3.4 (a)(2); or
(2) The asbestos containing material could not be removed prior to demolition because it is not accessible until after demolition begins. In this case, the permit requirements of Rule 6.3.2 shall apply and the exposed asbestos containing material and asbestos contaminated debris shall be kept adequately wet at all times until disposed of in accordance with Rule 6.3.4 (a)(2); or
(3) The material was not accessible for removal because of hazardous conditions. Such conditions may include environments that are contaminated by toxic substances, structures or buildings that are structurally unsound and in danger of imminent collapse, or other conditions that are immediately dangerous to life and health. Under such conditions, the facility owner or operator may submit a signed written request for conditional approval by the Control Officer, or designee, to waive the requirements of Rule 6.3.3(c). In this case, the permit requirements of Rule 6.3.2 shall apply and the exposed asbestos containing material and asbestos contaminated debris shall be kept adequately wet at all times until disposed of in accordance with Rule 6.3.4 (a)(2). Evidence of the hazardous condition, as documented by a state or local government agency, or other competent person, shall accompany the written request in addition to the permit and appropriate fee as required by Rule 6.3.2. The request for exemption from Rule 6.3.3(c) shall include, at the minimum:
(i) The complete name, mailing address, and telephone number of the owner or operator of the facility, including the city and zip code;
(ii) The complete street address or location of the demolition site, including the city and zip code;
(iii) The name, title, and authority of the person who has determined the hazardous condition;
(iv) A description of the hazardous condition that prevents the removal of asbestos containing material prior to demolition, including the amount, type, and specific location(s) within the structure of such materials; and
(v) The procedures that will be used to prevent the release of asbestos fibers into the ambient air.
(f) Alternative Control Measures. The owner or operator of an asbestos project may submit a signed written request to use an alternative control measure that is equally effective in controlling asbestos emissions, for approval by the Control Officer, or designee. The written request shall include, at a minimum:
(1) The complete name, mailing address, and telephone number of the owner or operator of the asbestos project, including the city and zip code;
(2) The complete street address or location of the site, including the city and zip code;
(3) A description of the material, including the type and percentage of asbestos in the material, total amount of material involved, and the specific location(s) of the material on the site; and
(4) The reason why an alternative control measure is required and a description of the proposed alternative control measure to be employed, including the procedures that will be used to prevent the release of asbestos fibers into the ambient air.))
Rule 6.3.3 Controlled and Regulated Substances
(a) No person shall cause or allow visible asbestos emissions, including emissions from asbestos waste materials:
(1) On public or private lands, on developed or undeveloped properties and on any open uncontrolled and non-designated disposal sites;
(2) During the collection, processing, handling, packaging, transporting, storage and disposal of any asbestos-containing waste material; or
(3) From any fugitive source.
AMENDATORY SECTION
((Rule 6.3.4 Disposal of Asbestos Containing Waste Material
(a) Disposal Requirements. It shall be unlawful for any person to cause or allow work on an asbestos project unless the following procedures are employed during the collection, processing, packaging, transporting, or deposition of any asbestos containing material:
(1) Treat all asbestos containing waste material as follows:
(i) Adequately wet all asbestos containing waste material and mix asbestos waste from control devices, vacuum systems, or local ventilation and collection systems with water to form a slurry;
(ii) After wetting, seal all asbestos containing waste material in leak tight containers or wrapping to ensure that they remain adequately wet when deposited at a waste disposal site;
(iii) Permanently label wrapped materials and each container with an asbestos warning sign as specified by the Washington State Department of Labor and Industries or the Occupational Safety and Health Administration. Permanently mark the label with the date the material was collected for disposal, the name of the waste generator, the name and affiliation of the certified asbestos supervisor, and the location at which the waste was generated;
(iv) Ensure that the exterior of each container is free of all asbestos residue; and
(v) Exhibit no visible emissions during any of the operations required by this rule.
(2) All asbestos containing waste material shall be deposited within ten (10) calendar days after collection for disposal at a waste disposal site operated in accordance with the provisions of 40 CFR 61.154 or 40 CFR 61.155 and approved by the appropriate city or county department. The requirement is modified by Rule 6.3.2(c) for asbestos containing waste material from asbestos projects conducted under annual permit.
(3) All asbestos containing waste materials, handled as dangerous waste in accordance with chapter 173-303 WAC, shall be excluded from the requirements of Rule 6.3.4 (a)(1) and 6.3.4 (a)(2).
(b) Alternative Storage Method – Asbestos Storage Facility. The owner or operator of a licensed asbestos abatement company or disposal facility may apply to the Control Officer, or designee, to establish a facility for the purpose of collecting and temporarily storing asbestos containing waste material.
(1) It is unlawful to cause or allow the operation of a temporary asbestos storage facility without the prior written approval of the Control Officer, or designee.
(2) The owner or operator must request authorization for an asbestos storage facility. When approved, the Authorization will be returned and be available at the facility.
(3) An asbestos storage facility shall meet the following general conditions:
(i) Asbestos containing waste material must be stored in a container with a single piece liner at least 6 mil in thickness; and
(ii) Said container must be in a secured building or in a secured exterior enclosure; and
(iii) The container and enclosure must be locked except during transfer of asbestos containing waste material and have asbestos warning signs posted on the container;
(iv) Storage, transportation, disposal, and return of the waste shipment record to the waste generator will not exceed the 45 day requirement of 40 CFR Part 61.150; and
(v) A copy of all waste shipment records shall be retained for at least 2 years, including a copy of the waste shipment record signed by the owner or operator of the designated waste disposal site. A copy of the waste shipment records shall be provided to the Agency upon request.
(c) Alternative Disposal Method – Asbestos Cement Water Pipe. Asbestos cement water pipe used on public right of ways or public easements shall be excluded from the disposal requirements of Rule 6.3.4 (a)(2) if the following conditions are met:
(1) Asbestos cement pipe may be buried in place if the pipe is left intact (e.g., not moved, broken or disturbed) and covered with at least three (3) feet or more of non-asbestos fill material and the state, county or city authorities are notified in writing of buried asbestos cement pipe; and
(2) All asbestos containing waste material, including asbestos cement water pipe fragments that are one (1) linear foot or less, protective clothing, HEPA filters, or other asbestos contaminated material, debris, or containers, shall be subject to the requirements of Rule 6.3.))
Rule 6.3.4 Notification Requirements
(a) 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, or designee, has been submitted to the ORCAA on approved forms, in accordance with the notification period requirements contained in 6.3.4(c) Notification Period:
(1) Notification is required for all demolitions of structures with a footprint greater than 120 square feet, even if no ACM is present. All other demolition requirements remain in effect.
(2) The notification shall be accompanied by the appropriate nonrefundable fee as set forth in Rule 3.5.
(3) A copy of the notification, all amendments to the notification, the asbestos survey, and a work plan for an alternate means of compliance shall be available for inspection at all times at the asbestos project or demolition site.
(4) Notification for multiple asbestos projects or demolitions may be filed by a property owner or agent on one form if all the following criteria are met:
(i) The work will be performed continuously by the same contractor; and,
(ii) A work plan is submitted that includes: a map clearly identifying the structures involved in the project; the amount and type of ACM in each structure; and the schedule for performing asbestos project and demolition work; and,
(iii) The project must be bid as a group under the same contract; and
(iv) The structures must be on contiguous property.
(b) Exemptions from Notification
(1) Notification is not required for asbestos projects containing less than 10 linear feet on pipe or 48 square feet (per structure, per calendar year) of any ACM.
(2) Notification is not required for removal and disposal of non-friable caulking, window glazing and roofing.
(c) Notification Period
(1) The duration of an asbestos project shall not exceed one year from date of submission of the original notification.
(2) The Control Officer, or designee, may waive the notification period, by written authorization, for disposal of unused and intact or abandoned (without the knowledge or consent of the property owner) ACM. All other asbestos project and demolition requirements remain in effect.
1Projects subject to 40 CFR Part 61 Subpart M must comply with the 14-day notification period.
AMENDATORY SECTION
((Rule 6.3.5 Controlled and Regulated Substances
(a) No person shall cause or allow visual asbestos emissions, including emissions from asbestos waste materials
(1) On public or private lands, on developed or undeveloped properties and on any open uncontrolled and non-designated disposal sites;
(2) During the collection, processing, handling, packaging, transporting, storage and disposal of any asbestos containing waste material; or
(3) From any fugitive source.))
Rule 6.3.5 Annual Notification
(a) A property owner or agent may file one annual notification for asbestos projects on one or more structures, vessels, or buildings during each calendar year if all of the following conditions are met:
(1) The annual notification shall be filed with ORCAA before beginning work on any asbestos project included in the annual notification;
(2) The annual notification covers only those structures, vessels, or buildings from the same industrial grouping located on contiguous or adjacent properties and are under common ownership and control.
(3) The total amount of ACM removed must be less than 260 linear feet on pipes or less than 160 square feet of any ACM; and
(4) The property owner or agent submits quarterly written reports to the Control Officer, or designee, on ORCAA-approved forms within 15 days after the end of each calendar quarter.
NEW SECTION
Rule 6.3.6 Asbestos Project Amendments
(a) An amendment shall be submitted by the original applicant, to the Control Officer, or a designee, for the following changes in a project:
(1) Change in the quantity of asbestos to be removed; or
(2) Changes in the ACM that will be removed; or
(3) Change of contractor; or
(4) Changes in the start date, completion date, or work schedule, including hours of work.
NEW SECTION
Rule 6.3.7 Emergencies—Exceptions to Advance Notification Period
(a) The Control Officer, or designee, may waive the advance notification period, if the property owner or agent submits a written request that demonstrates to the Control Officer, or designee, that an asbestos project or demolition must be conducted immediately because of any of the following:
(1) There was an 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) ACM were encountered that were not identified during the asbestos survey; or,
(4) The project must proceed to avoid imposing an unreasonable burden.
NEW SECTION
Rule 6.3.8 Asbestos Removal Requirements Prior to Renovation or Demolition
(a) Except as provided in Rule 6.3.8(b), it shall be unlawful for any person to cause or allow any demolition or renovation that may disturb ACM or damage a structure so as to preclude access to ACM for future removal, without first removing all ACM in accordance with the requirements of this regulation. ACM 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) Inaccessible Asbestos Removal Requirements. ACM may be removed during demolition, if the property owner demonstrates to the Control Officer, or designee, through a work plan, that the ACM is not accessible such as:
(1) Structures or buildings that are structurally unsound and in danger of imminent collapse;
(2) Conditions that are immediately dangerous to life and health;
(3) Unable to access all asbestos material prior to demolition.
(4) The owner must submit:
(i) written determination of the hazard by an authorized government official or a licensed structural engineer; and,
(ii) a work plan outlining the procedures that will be followed to control asbestos emissions during the demolition or renovation and disposal of the asbestos-containing waste material.
NEW SECTION
Rule 6.3.9 Procedures for Asbestos Projects
(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 certificate is current. This certification requirement does not apply to individuals who work on asbestos projects on their own single-family residence(s).
(b) Asbestos Work Practices. Except as provided in Rule 6.3.4 (b)(2) of this Rule, it shall be unlawful for any person to cause or allow the removal of ACM 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. Emissions from the negative air exhaust shall be controlled by a HEPA filter.
(3) Absorbent ACM, such as surfacing material and thermal system insulation, shall be saturated with a liquid wetting agent prior to removal. Any unsaturated absorbent ACM exposed during removal shall be immediately saturated with a liquid wetting agent. All absorbent asbestos-containing waste material shall be kept saturated with a liquid wetting agent until sealed in leak-tight containers. 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.
(4) Nonabsorbent ACM, 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 ACM exposed during removal shall be immediately coated 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.
(5) Metal components (such as valves and fire doors) that have internal ACM are exempt from the requirements of 6.3.4 if all access to the ACM is welded shut or the component has mechanical seals, which cannot be removed by hand, that separate the ACM from the environment.
(6) ACM 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, unless enclosed inside a negative pressure enclosure.
(7) The exterior of each leak-tight container shall be free of all asbestos residue and 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.
(8) No visible asbestos emission shall result from an asbestos project. Leak-tight containers shall not be dropped, thrown, slid, or otherwise damaged.
(9) The asbestos-containing waste material shall be stored in a controlled area until transported to an approved waste disposal site.
(10) It shall be unlawful for any person to create or allow a condition that results in the disturbance, or likely disturbance, of ACM (e.g., not removing all ACM in a structure scheduled for demolition or partially removing ACM and leaving remaining ACM in a state that makes it more susceptible to being disturbed, or leaving it on the ground, outside and open to the environment).
NEW SECTION
Rule 6.3.10 Disposal of Asbestos-Containing Waste Material
(a) Except as provided in 6.3.10(c) of this Regulation, ACM must be transferred offsite within 10 days of removal. The ACM may be transferred to an approved temporary storage site or to a waste disposal site operated in accordance with 40 CFR 61.154 or 40 CFR 61.155.
(b) 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, or designee, 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.
(c) Disposal of Asbestos Cement Pipe. Asbestos cement water pipe used on public right-of-ways or public easements shall be excluded from the disposal requirements of Rule 6.3.10 if the following conditions are met:
(1) Asbestos cement pipe may be buried in place if the pipe is left intact (e.g., not moved, broken or disturbed) and covered with at least three (3) feet or more of non-asbestos fill material and the state, county or city authorities are notified in writing of buried asbestos cement pipe; and
(2) All asbestos-containing waste material, including asbestos cement water pipe fragments that are one (1) linear foot or less, protective clothing, HEPA filters, or other asbestos contaminated material, debris, or containers, shall be subject to the requirements of Rule 6.3.
NEW SECTION
Rule 6.3.11 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 United States 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.
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