WSR 22-17-053
PROPOSED RULES
NORTHWEST CLEAN
AIR AGENCY
[Filed August 11, 2022, 3:39 p.m.]
Original Notice.
Proposal is exempt under RCW 70A.15.2040(1).
Title of Rule and Other Identifying Information: Regulation of the Northwest Clean Air Agency (NWCAA).
Hearing Location(s): On October 18, 2022, at 10 a.m., at NWCAA Office, 1600 South 2nd Street, Mount Vernon, WA; video and teleconference https://us06web.zoom.us/j/87518159655, Meeting ID 875 1815 9655, phone 253-215-8782.
Date of Intended Adoption: November 10, 2022.
Submit Written Comments to: Mark Buford, 1600 South 2nd Street, Mount Vernon, WA 98273, email info@nwcleanairwa.gov, fax 360-428-1620, by October 18, 2022.
Assistance for Persons with Disabilities: Contact Laurie Caskey-Schreiber, phone 360-428-1617, fax 360-428-1620, email info@nwcleanairwa.gov, by October 11, 2022.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules:
•Update the adoption-by-reference date to allow implementation of the most recent version of the referenced state and federal rules and add 40 C.F.R. 63 Subpart OOOOOO to the list. (NWCAA Section 104)
•Correct a regulation citation cross-reference to reflect previously revised section numbering. (NWCAA Section 309)
•Add vermiculite into the asbestos-containing material definition with associated test method to better manage a material that commonly contains asbestos and to bring us better in line with other local clean air agencies. (NWCAA Section 570)
•Remove seasonal residences from the definition of owner-occupied, single-family residence to reduce potential asbestos exposure from improper do-it-yourself asbestos removal on structures that sometimes are claimed to be seasonal homes (e.g., house flipping, rentals, AirBnBs). (NWCAA Section 570)
•Updated notification waiting period table to correspond with the concurrent asbestos program fee schedule change by adding a category for: (NWCAA Section 570)
oAlternative means of compliance to address projects that require extensive review under NWCAA 570.4 (A)(6).
oGreater than 10,000 linear feet or greater than 50,000 square feet to address large projects.
•Incorporate editorial clarifications and corrections to asbestos program text to clarify implementation clarity and avoid misunderstandings. (NWCAA Section 570)
Reasons Supporting Proposal: See above.
Statutory Authority for Adoption: Chapter 70A.15 RCW.
Statute Being Implemented: RCW 70A.15.2040(1).
Rule is not necessitated by federal law, federal or state court decision.
Name of Proponent: NWCAA, governmental.
Name of Agency Personnel Responsible for Drafting, Implementation, and Enforcement: Mark Buford, 1600 South 2nd Street, Mount Vernon, WA, 360-428-1617.
A school district fiscal impact statement is not required under RCW 28A.305.135.
A cost-benefit analysis is not required under RCW 34.05.328.
This rule proposal, or portions of the proposal, is exempt from requirements of the Regulatory Fairness Act because the proposal:
Is exempt under RCW 70A.15.2040.
Explanation of exemptions: Not applicable under RCW 70A.15.2040.
Scope of exemption for rule proposal:
Is fully exempt.
August 11, 2022
Mark Buford
Executive Director
SECTION 104 - ADOPTION OF STATE AND FEDERAL LAWS AND RULES
104.1 All provisions of the following state rules that are in effect as of ((December 8, 2021)) August 24, 2022 are hereby adopted by reference and made part of the Regulation of the NWCAA: chapter 173-400 WAC, (except – -025, -030, -035, -036, -040(1) & (7), -045, -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 173-442 WAC, chapter 173-450 WAC, chapter 173-460 WAC, chapter 173-476 WAC, chapter 173-480 WAC, chapter 173-481 WAC, chapter 173-485 WAC, chapter 173-491 WAC. The requirements of the NWCAA Regulation apply in addition to the statewide regulations adopted and enforced under this paragraph.
104.2 All provisions of the following federal rules that are in effect as of ((December 8, 2021)) August 24, 2022 are hereby adopted by reference and made part of the Regulation of the NWCAA: 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, XXX, AAAA, CCCC, EEEE, IIII, JJJJ, KKKK, LLLL, OOOO, OOOOa, QQQQ, and Appendix A - I; 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; 40 CFR Part 62 (Approval and Promulgation of State Plans for Designated Facilities and Pollutants) Subpart LLL; 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, BBBBBB, CCCCCC, EEEEEE, FFFFFF, GGGGGG, HHHHHH, JJJJJJ, MMMMMM, NNNNNN, OOOOOO, QQQQQQ, SSSSSS, TTTTTT, VVVVVV, WWWWWW, XXXXXX, ZZZZZZ, AAAAAAA, DDDDDDD, EEEEEEE, and HHHHHHH; 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, August 13, 2015, August 11, 2016, September 13, 2018, April 11, 2019, May 14, 2020, June 10, 2021, February 10, 2022, November 10, 2022
SECTION 309 – REASONABLY AVAILABLE CONTROL TECHNOLOGY
309.1 Reasonably Available Control Technology (RACT) is required for all existing sources except as otherwise provided in RCW 70.94.331(9).
309.2 Where current controls are determined by the NWCAA to be less than RACT, the NWCAA shall define RACT for that source or source category and issue a rule or an order under NWCAA 121 requiring the installation of RACT.
309.3 RACT for each source category containing three or more sources shall be determined by rule, except as provided in NWCAA 309.4.
309.4 Source-specific RACT determinations may be performed under any of the following circumstances:
(A) For replacement or substantial alteration of existing control equipment under NWCAA 300.25 ((300.13));
(B) When required by the federal Clean Air Act;
(C) For sources in source categories containing fewer than three sources;
(D) When an air quality problem, for which the source is a contributor, justifies a source-specific RACT determination prior to development of a categorical RACT rule; or
(E) When a source-specific RACT determination is needed to address either specific air quality problems, for which the source is a significant contributor, or source-specific economic concerns.
309.5 The Control Officer shall have the authority to perform a RACT determination, to hire a consultant to perform relevant RACT analyses in whole or in part, or to order the owner or operator to perform RACT analyses and submit the results to the NWCAA.
309.6 In determining RACT, the NWCAA shall utilize the factors set forth in the RACT definition in NWCAA 200 and shall consider RACT determinations and guidance made by the EPA, other states, and local authorities for similar sources, and other relevant factors. In establishing or revising RACT requirements, the NWCAA shall address, where practicable, all air contaminants deemed to be of concern for that source or source category.
309.7 The NWCAA shall assess a fee to be paid by any source included in a RACT determination to cover the direct and indirect costs of developing, establishing, or reviewing categorical or source-specific RACT determinations. The fee for RACT determinations shall be as established in NWCAA 324.6. The amount of the fee may not exceed the direct and indirect costs of establishing the requirement for the particular source or the pro rata portion of the direct and indirect costs of establishing the requirement for the relevant source category.
309.8 Emission standards and other requirements contained in rules or regulatory orders in effect at the time of operating permit issuance shall be considered RACT for purposes of operating permit issuance or renewal.
309.9 Replacement or substantial alteration of control equipment under NWCAA 300.13 shall be subject to the New Source Review fees under NWCAA 324.2, in lieu of RACT fees under this section.
PASSED: March 14, 2013 AMENDED: October 8, 2015, November 10, 2022
SECTION 570 ASBESTOS CONTROL STANDARDS
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 United States Environmental Protection Agency (EPA) asbestos National Emission Standards for Hazardous Air Pollutants (NESHAP);((,)) the federal Occupational Safety & Health Administration (OSHA) asbestos regulation;((,)) the Washington State Department of Labor & ((and)) Industries asbestos regulations;((,)) the Washington State Department of Ecology Dangerous Waste regulation;((,)) and the solid waste regulations of Island, Skagit and Whatcom Counties.
570.2 DEFINITIONS
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, Subpart E, Appendix C ((to Subpart E)), I.B.3) and whose certification is current.
AHERA PROJECT DESIGNER - A person who has successfully completed the training requirements for an abatement project designer established by EPA regulations (40 CFR Part 763, Subpart E, Appendix C, I.B.5 ((40 CFR 763.90(g)))) and whose certification is current.
ASBESTOS - The asbestiform varieties of actinolite, amosite (cummingtonite-grunerite), tremolite, chrysotile (serpentinite), crocidolite (riebeckite), or anthophyllite.
ASBESTOS-CONTAINING MATERIAL - Any material containing more than ((one)) 1 percent asbestos as determined using the method specified in 40 CFR Part 763, Subpart E, Appendix E, Section 1, ((EPA regulations Appendix A, Subpart F, 40 CFR Part 763, Section l,)) Polarized Light Microscopy. This definition includes any loose vermiculite, unless sampled using the Cincinnati Method (EPA 600/R-04/004) and found to contain 1 percent or less asbestos.
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 PROJECT - 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.
ASBESTOS SURVEY - A written report describing an inspection using the procedures contained in EPA regulations (40 CFR 763.85 & 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.
COMPETENT PERSON - A person who is capable of identifying asbestos hazards and selecting the appropriate asbestos control strategy, has the ((NWCAA)) authority 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 OSHA ((Occupational Safety & Health Administration)), or the EPA ((United States Environmental Protection Agency)) (whichever agency has jurisdiction).
COMPONENT - Any equipment, pipe, structural member, or other item covered or coated with, or manufactured from, asbestos-containing material.
DEMOLITION - Wrecking, razing, leveling, dismantling, or burning of a structure, making all or part of the structure permanently uninhabitable or unusable.
FRIABLE ASBESTOS-CONTAINING MATERIAL - 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.
LEAK-TIGHT CONTAINER - 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.
NONFRIABLE ASBESTOS-CONTAINING MATERIAL - 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.
OWNER-OCCUPIED, SINGLE-FAMILY PRIMARY RESIDENCE (OOSFPR) - 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 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.
PERSON - Any individual, firm, public or private corporation, association, partnership, political subdivision, municipality, or government agency.
RENOVATION - Altering a facility or a component in any way, except demolition.
SURFACING MATERIAL - 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.
SUSPECT ASBESTOS-CONTAINING MATERIAL - 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.
THERMAL SYSTEM INSULATION - Material applied to pipes, fittings, boilers, tanks, ducts, or other structural components to prevent heat loss or gain.
570.3 ASBESTOS SURVEY REQUIREMENTS
(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 primary 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 primary 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) 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) 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 NWCAA 570.4(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 except demolition 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 NWCAA 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 NWCAA 324.8 ((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)) written approval from NWCAA 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) The work will be performed continuously by the same contractor; and
(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.))
(7) (((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) The annual notification shall be filed with the NWCAA before commencing work on any asbestos project included in an annual notification;
(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) 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) Mandatory Amendments
An amendment shall be submitted to the Control Officer for the following changes in a notification:
(1) Increases in the project type or job size category that increase the fee or change the advance notification period;
(2) Changes in the type of asbestos-containing material that will be removed; or
(3) 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) 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) Notification Period
((Project
Notification Period
Asbestos Project
Residential – Owner-Occupied –Single Family Residence
10 - 259 linear feet or 48 - 159 square feet)*
260 - 999 linear feet or 160 - 4999 square feet
> 1000 linear feet or > 5000 square feet)
Prior Notice
3 days
10 days
10 days
Demolitions with no Asbestos Project
10 days
Emergency Classification (NWCAA 570.4(C))
Prior Notice
Amendments (NWCAA 570.4(B))
Prior Notice
Annual Notification (NWCAA 570.4(A)(8))
Prior Notice))
Project Categories
Notification Waiting Period
Owner-Occupied Single-Family Primary Residence (OOSFPR) Projects
≥10 Ln Ft or ≥48 Sq Ft
Demolition*
Emergency (NWCAA 570.4(C))
Prior notice
10 days
Prior notice
Other Projects
10-259 Ln Ft or 48-159 Sq Ft
260-999 Ln Ft or 160-4999 Sq Ft
1,000-9,999 Ln Ft or 5,000-49,999 Sq Ft
≥10,000 Ln Ft or ≥50,000 Sq Ft
Demolition*
Emergency (NWCAA 570.4(C))
Annual (NWCAA 570.4(A)(7))
3 days
10 days
10 days
10 days
10 days
Prior notice
Prior notice
Alternate Means of Compliance and Amendments
Alternate Means of Compliance (NWCAA 570.5(B))
Amendment (NWCAA 570.4(B))
10 days
Prior notice
*((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.)) At the request of the applicant, NWCAA may reduce or waive the waiting period for demolition projects with an asbestos survey showing <10 linear feet or <48 square feet of asbestos.
The Control Officer 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) asbestos-containing materials. All other asbestos project and demolition requirements remain in effect.
570.5 ASBESTOS REMOVAL REQUIREMENTS PRIOR TO RENOVATION OR DEMOLITION
(A) Removal of Asbestos Prior to Renovation or Demolition
Except as provided in NWCAA 570.6(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) 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. This submittal, referred to as an alternate means of compliance, shall be submitted to NWCAA for written approval.
570.6 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 OSHA ((Occupational Safety and Health Administration)), or the EPA ((United States Environmental Protection Agency)) (whichever agency has jurisdiction) and whose certification is current. This certification requirement does not apply to individuals who work on asbestos projects on their own owner-occupied single-family primary ((single family)) residence(((s))), no part of which is used for any commercial purpose.
(B) Asbestos Removal Work Practices
Except as provided in NWCAA 570.6(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 NWCAA 570.6 (B)(3) and 570.6 (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 OSHA ((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) 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 Washington State Department of Labor & Industries, the federal OSHA, and the EPA ((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) Except as provided in NWCAA 570.8(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) 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) The name, address, and telephone number of the waste generator;
(b) The approximate quantity in cubic meters or cubic yards;
(c) The name and telephone number of the disposal site operator;
(d) The name and physical site location of the disposal site;
(e) The date transported;
(f) The name, address, and telephone number of the transporter; and
(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) 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) 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: July 14, 2005, November 8, 2007, September 11, 2014, November 10, 2022