WSR 17-04-108

PROPOSED RULES

[Filed February 1, 2017, 11:47 a.m.]

Preproposal statement of inquiry was filed as WSR 16-23-079.

Title of Rule and Other Identifying Information: SWCAA 476-050 Notification Requirements and Fees, this rule contains the agency's asbestos, demolition and renovation requirements for notification, amendments, emergencies and fees for notices.

Hearing Location(s): Office of Southwest Clean Air Agency (SWCAA), 11815 N.E. 99th Street, Suite 1294, Vancouver, WA 98682, on May 4, 2017, at 3:00 p.m.

Date of Intended Adoption: May 4, 2017.

Submit Written Comments to: Paul Mairose, 11815 N.E. 99th Street, Suite 1294, Vancouver, WA 98682, email Paul@swcleanair.org, fax (360) 576-0925, by April 28, 2017.

Assistance for Persons with Disabilities: Contact Tina Hallock by May 2, 2017, TTY (360) 574-3058.

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The proposed rule change removes reference to specific fees and fee tables and directs the reader to consult the current Consolidated Fee Schedule.

Reasons Supporting Proposal: This proposed change is part of a process to consolidate all agency fees into a single location to make it easier for affected parties to locate applicable fees. It will also remove the fees from the rule and establish a process for public notice and board consideration of changes without going through the complicated and lengthy rule-making process. The procedure for adoption and revision of the Consolidated Fee Schedule is provided for under SWCAA 400-098.

Statutory Authority for Adoption: RCW 70.94.141.

Statute Being Implemented: RCW 70.94.141.

Name of Proponent: SWCAA, governmental.

Name of Agency Personnel Responsible for Drafting and Implementation: Paul Mairose, 11815 N.E. 99th Street, Suite 1294, Vancouver, WA 98682, (360) 574-3058; and Enforcement: Uri Papish, 11815 N.E. 99th Street, Suite 1294, Vancouver, WA 98682, (360) 574-3058.

No small business economic impact statement has been prepared under chapter 19.85 RCW. Changes proposed by SWCAA are consistent with federal or state rules already in effect. This agency is not subject to the small business economic impact provision of chapter 19.85 RCW. A fiscal analysis has been performed to establish the basis for any proposed fee increases. Copies of this analysis are available from SWCAA.

A cost-benefit analysis is not required under RCW 34.05.328. Pursuant to RCW 70.94.141(1), section 201, chapter 403, Laws of 1995, does not apply to this rule adoption. SWCAA is not voluntarily invoking section 201, chapter 403, Laws of 1995, for this action.

February 1, 2017

Uri Papish

Executive Director

AMENDATORY SECTION (Amending WSR 01-05-065, filed 2/15/01, effective 3/18/01]

(1) Applicability. No person shall cause or allow work on an asbestos project, maintenance, renovation, or demolition activity involving asbestos containing material unless the owner or operator has submitted a complete notification to the Agency on Agency approved forms, in accordance with the advance notification period requirements and fees as provided in SWCAA 476-050(2).

(a) An Asbestos Notification is not required for any asbestos project involving less than 10 linear feet or 48 square feet (per structure, per year) of any asbestos-containing material unless the facility is to be demolished by intentional burning. If the facility is to be demolished by intentional burning, all asbestos-containing material shall be removed as an asbestos project. An Asbestos Notification is not required for removal of nonfriable roofing material. The owner/operator shall maintain documentation to substantiate qualification for the exemption;

(b) Regardless of the amount of asbestos-containing material present (including none), a Notification of Demolition activity must be submitted to the Agency on Agency approved forms prior to commencing a demolition accordance with SWCAA 476-050(2). In no event shall a project or activity proceed on a date other than the date indicated on the notification;

(c) The approval date to perform a project will be the date that all required submittals and fees are received at SWCAA;

(d) The duration of the asbestos project, maintenance activity, renovation, or demolition activity or project shall not exceed one (1) year beyond the original project starting date. The project starting and completion date for an asbestos project shall be commensurate with the amount of asbestos-containing material involved. In no event shall a project or activity start or end on a date other than the date contained on the notification;

(e) The written notification shall expire on the project completion date as specified by the owner or operator;

(f) A copy of the written notification, all amendments and the asbestos survey shall be available for inspection at the project site at all times until completion of the project;

(g) For an asbestos project, maintenance, renovation or demolition activity that will begin on a date later than the date contained in the original notification, the owner/operator or the owner's agent shall notify SWCAA by telephone (360-574-3058) as soon as possible before the original start date and provide written notification (facsimile acceptable) to SWCAA of the new start date no later than the original start date. In no event shall a project or activity begin on a date other than the date indicated in the revised notification;

(h) For an asbestos project, maintenance, renovation or demolition activity that will begin on a date earlier than the one contained in the original notification, the owner/operator or owner's agent shall provide written notification (facsimile acceptable) to SWCAA of the new start date at least 10 working days before commencement of the project or activity. In no event shall a project or activity begin on a date other than the date indicated in the revised notification; and

(i) All asbestos projects, maintenance, renovation or demolition activities shall be completed on the date identified on the notification. When a project or activity will be completed prior to the date specified on the notification, the owner or operator shall notify SWCAA by telephone as soon as possible but in no event later that the actual completion date. The owner or operator shall provide SWCAA with written notification (facsimile acceptable) of actual completion within 5 calendar days if the completion date is before the date on the notification. If the actual completion date will be after the date indicated on the notification, the owner or operator shall submit an amendment to the written notification with the new completion date (facsimile acceptable) to SWCAA prior to the completion date on the original or amended previous notification.

(2) Advance Notification Period and Fee. Any notification required by SWCAA 476-050(1) shall be considered incomplete until all the information required by SWCAA 476-050(1) is received by the Agency and accompanied by the appropriate fee. A facsimile of the completed notification form shall be acceptable documentation for the start of the notification period, but the appropriate fee shall be received before the project can proceed. The advance notification period and appropriate fee shall be determined as provided in the Consolidated Fee Schedule established in accordance with SWCAA 400-098 ((as follows:

(3) Annual notification. In lieu of the notification requirements of SWCAA 476-050(1) and 476-050(2), the owner or operator of a facility may submit to the Agency an annual written notification to conduct asbestos projects (not including demolition or renovation) on one or more buildings, vessels, or structures at the facility during each calendar year for the purpose of scheduled maintenance or emergency repairs for removal of small quantities of asbestos-containing material as identified below. The requirements of SWCAA 476-050(1) shall not apply to asbestos projects undertaken during the calendar year at the applicable facility if all of the following conditions are met:

(a) Annual written notifications shall be submitted to the Agency for approval before commencing work on any asbestos projects specified in an annual application.

(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 shall be limited to less than 260 linear feet on pipes and 160 square feet on other components.

(c) Any asbestos project involving at least 260 linear feet on pipes or 160 square feet or more on other components for each building, vessel, or structure at the facility shall be subject to the notification requirements of SWCAA 476-050(1) and 476-050(2) in addition to the annual notification requirements.

(d) A copy of the annual notice shall be available for inspection at the property owner's or operator's office until the end of the calendar year.

(e) Asbestos-containing waste material generated from asbestos projects filed under an annual notification may be stored for disposal at the facility if all of the following conditions are met:

(i) All asbestos-containing waste material shall be treated in accordance with SWCAA 476-070(1); and

(ii) Accumulated asbestos-containing waste materials 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

(iii) For storage of asbestos-containing waste material longer than 10 days, the owner/operator or owner's agent shall apply to SWCAA for a Temporary Asbestos Storage Facility Authorization unless the asbestos-containing waste material is handled as dangerous waste in accordance with WAC 173-303. Asbestos-containing waste material shall only be disposed of at sites operated in accordance with the provisions of 40 CFR 61.154 or 61.155 and approved by the health department with jurisdiction.

(f) Annual written notifications shall be submitted by the facility owner or operator on forms provided by the Agency. Notifications shall be submitted to the Agency at least 10 days in advance of the start date and shall be accompanied by an annual fee as provided in the Consolidated Fee Schedule established in accordance with SWCAA 400-098 ((identified in SWCAA 476-050(2))).

(g) The facility owner or operator shall submit quarterly written reports to the Agency within fifteen (15) days after the end of each calendar quarter. Each quarterly report shall be submitted on forms provided by the Agency or an alternate format approved by the Agency.

(4) Amendments. An amended notification shall be submitted to the Agency prior to deviating from any of the information contained in a notification. Amended notifications addressed by this section shall be filed by the original applicant, received by the Agency no later than the last filed completion date, and are limited to the following revisions:

(a) A change in the job size category because of identification of additional asbestos-containing material. In this case, the fee shall be increased accordingly and the total fee shall be equal to, but not exceed, the fee amount provided for the new job size category as specified in SWCAA 476-050(2);

(b) The project starting or completion date, provided the total duration of the work does not exceed one (1) calendar year beyond the original starting date. The commencement date of the original advance notification period shall apply with no additional waiting period required for amended notifications. If an amended notification results in a job size category that requires a waiting period as specified in SWCAA 476-050(2) and the original notification did not require a waiting period, the advance notification period shall commence on the date the original application was submitted;

(c) Name, mailing address, and telephone number of the owner or operator of the asbestos project site or operation;

(d) Waste disposal site, provided the revised waste disposal site is operated in accordance with the provisions of 40 CFR 61.154 or 61.155 and approved by the health department with jurisdiction;

(e) Method of removal or compliance procedures, provided the revised work plan meets the asbestos emission control and disposal requirements of SWCAA 476-060 and 450-070;

(f) Description, size (total square feet or number of floors), and approximate age of the building, vessel, or structure at the original address or location; and

(g) Any other information requested by the Agency.

(5) Emergencies.

(a) The Agency may waive the required ten (10) working day advance notification period if the property owner or occupant demonstrates in writing to the Agency that an asbestos project or maintenance, renovation or demolition activity must be conducted immediately because of any of the following:

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

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

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

(b) Each emergency waiver request shall include a fee as provided in the Consolidated Fee Schedule established in accordance with SWCAA 400-098 ((identified in SWCAA 476-050(2))).

(c) If the emergency asbestos project occurs during non business hours, notification to SWCAA must occur no later than the next business day.