PERMANENT RULES
CLEAN AIR AGENCY
Date of Adoption: July 13, 2000.
Purpose: To no longer require notification for removal of nonfriable asbestos-containing material.
Citation of Existing Rules Affected by this Order: Repealing Regulation III, Section 4.06; and amending Regulation III, Section 4.01, 4.03, 4.04, and 4.05.
Statutory Authority for Adoption: Chapter 70.94 RCW.
Adopted under notice filed as WSR 00-13-071 on June 19, 2000.
Changes Other than Editing from Proposed to Adopted Version: We will continue to require notifications for asbestos projects involving friable asbestos-containing material below the thresholds required by EPA.
Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 0, Repealed 0.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.
Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0. Effective Date of Rule: September 1, 2000.
July 28, 2000
David D. Kircher
Manager - Engineering
AMENDATORY SECTIONREGULATION III SECTION 4.01 DEFINITIONS
(a) 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.
(((b) AHERA PROJECT DESIGNER means a person who has successfully
completed the training requirements for an abatement project
designer established by EPA regulations (40 CFR 763.90(g)) and
whose certification is current.))
(((c))) (b) ASBESTOS means the asbestiform varieties of
actinolite, amosite (cummingtonite-grunerite), tremolite,
chrysotile (serpentinite), crocidolite (riebeckite), or
anthophyllite.
(((d))) (c) ASBESTOS-CONTAINING MATERIAL means any material
containing more than one percent (1%) asbestos as determined
using the method specified in EPA regulations Appendix A, Subpart
F, 40 CFR Part 763, Section l, Polarized Light Microscopy.
(((e))) (d) ASBESTOS-CONTAINING WASTE MATERIAL means any waste
that contains or is contaminated with asbestos-containing
material. Asbestos-containing waste material includes asbestos
waste from control equipment, materials used to enclose the work
area during an asbestos project, asbestos-containing material
collected for disposal, asbestos-contaminated waste, debris,
containers, bags, protective clothing, or HEPA filters.
Asbestos-containing waste material does not include samples of
asbestos-containing material taken for testing or enforcement
purposes.
(((f))) (e) ASBESTOS PROJECT means any activity involving the
abatement, renovation, demolition, removal, salvage, clean up, or
disposal of friable, 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, friable, asbestos-containing material or
asbestos-containing waste material. It does not include the
application of duct tape, rewettable glass cloth, canvas, cement,
paint, or other non-asbestos materials to seal or fill exposed
areas where asbestos fibers may be released.
(((g))) (f) ASBESTOS SURVEY means a written report describing
an inspection using the procedures contained in EPA regulations
(40 CFR 763.86), or an alternate method that has received prior
written approval from the Control Officer, to determine whether
materials or structures to be worked on, renovated, removed, or
demolished (including materials on the outside of structures)
contain asbestos.
(((h) COMPETENT PERSON means a person who is capable of
identifying asbestos hazards and selecting the appropriate
asbestos control strategy, has the 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 Occupational Safety & Health
Administration, or the United States Environmental Protection
Agency (whichever agency has jurisdiction).))
(((i))) (g) COMPONENT means any equipment, pipe, structural
member, or other item covered or coated with, or manufactured
from, asbestos-containing material.
(((j))) (h) DEMOLITION means wrecking, razing, leveling,
dismantling, or burning of a structure, making the structure
permanently uninhabitable or unusable.
(((k))) (i) FRIABLE, ASBESTOS-CONTAINING MATERIAL means
asbestos-containing material that, when dry, can be crumbled,
pulverized, ((disintegrated,)) or reduced to powder by hand
pressure or by the forces expected to act upon the material in
the course of demolition, renovation, or disposal. Such
materials include, but are not limited to, thermal system
insulation, surfacing material, and cement asbestos products.
(((l))) (j) LEAK-TIGHT CONTAINER means a dust-tight and
liquid-tight container, at least 6-mil thick, that encloses
asbestos-containing waste material and prevents solids or liquids
from escaping or spilling out. Such containers may include
sealed plastic bags, metal or fiber drums, and sealed
polyethylene plastic.
(((m))) (k) NONFRIABLE, ASBESTOS-CONTAINING MATERIAL means
asbestos-containing material that, when dry, cannot be crumbled,
pulverized, ((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.
(((o) PERSON means any individual, firm, public or private
corporation, association, partnership, political subdivision,
municipality, or government agency.))
(((p))) (l) RENOVATION means altering a facility or a
component in any way, except demolition.
(((n))) (m) ((OWNER-OCCUPIED,)) SINGLE-FAMILY RESIDENCE means any
non-multiple unit building containing space for uses such as
living, sleeping, preparation of food, and eating that is
((currently)) used by one family who owns the property as their
domicile. 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.
(((q))) (n) SURFACING MATERIAL means material that is
sprayed-on, troweled-on, or otherwise applied to surfaces
including, but not limited to, acoustical plaster on ceilings,
paints, fireproofing materials on structural members, or other
materials on surfaces for decorative purposes.
(((r))) (o) SUSPECT ASBESTOS-CONTAINING MATERIAL means material
that has historically contained asbestos including, but not
limited to, surfacing material, thermal system insulation,
roofing material, fire barriers, gaskets, flooring material, and
cement siding.
(((s))) (p) THERMAL SYSTEM INSULATION means material applied to
pipes, fittings, boilers, tanks, ducts, or other structural
components to prevent heat loss or gain.
AMENDATORY SECTION
REGULATION III SECTION 4.03 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 Agency on approved forms, in accordance with the advance notification period requirements contained in Section 4.03(d) of this Regulation.
(1) The duration of an asbestos project shall be commensurate with the amount of work involved.
(2) Notification is not required for asbestos projects
involving less than 10 linear feet of friable,
asbestos-containing material on pipes or 48 square feet of
friable asbestos-containing material on other components (per
structure, building, or vessel, per calendar year) ((of any
asbestos-containing material)).
(3) Notification is not required for removal and disposal of
((the following)) nonfriable, asbestos-containing material((s:
caulking, window-glazing, or roofing. All other asbestos project
and demolition requirements remain in effect except as provided
by Article 4)).
(4) Notification is required for all demolitions involving
structures with a projected roof area greater than 120 square
feet, 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 Section 4.03(d) of this Regulation unless prior arrangements for payment have been made with the Agency.
(6) A copy of the notification, all amendments to the
notification, and the asbestos survey((, and any Order of
Approval for an alternate means of compliance)) shall be
available for inspection at all times at the asbestos project or
demolition site.
(7) A property owner may file notification for multiple
asbestos projects or demolitions ((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 friable, 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 Agency's work schedule fax program and will continue to participate in the program throughout the duration of the project.
(8) Annual Notification
A property owner may file one annual notification for asbestos projects to be conducted on one or more structures, vessels, or buildings during each calendar year if all of the following conditions are met:
(A) The annual notification shall be filed with the Agency 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 Agency-approved forms within 15 days after the end of each calendar quarter.
(b) Amendments
(1) Mandatory Amendments
An amendment shall be submitted to the Control Officer for the following changes in a notification and shall be accompanied by the appropriate nonrefundable fee as set forth in Section 4.03(d) of this Regulation unless prior arrangements for payment have been made with the Agency:
(A) Increases in the project type or job size category that
increase the fee ((or change the advance notification period));
(B) Changes in the type of friable, asbestos-containing material that will be removed; or
(C) Changes in the start date, completion date, or work schedule, including hours of work. Asbestos contractors or property owners participating in the Agency work schedule fax program are not required to submit amendments for work schedule changes occurring between the start and completion dates.
(2) Optional Amendments
(A) An amendment may be submitted to the Control Officer for any other change in a notification and shall be accompanied by the appropriate nonrefundable fee as set forth in Section 4.03(d) of this Regulation unless prior arrangements for payment have been made with the Agency.
(B) Contractors and property owners participating in the Agency work schedule fax program may, within 45 days after the last completion date on record, submit an amendment to the Control Officer for the removal of additional, friable, asbestos-containing material not identified during the asbestos survey. If more than 45 days have lapsed since the last completion date on record, the requirements of Section 4.03(a), including notification periods and fees, shall apply.
(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 and Fees
| Project | Size or Type | Notification Period | Fee |
| (( Asbestos Project* Demolition* (( |
All All |
Prior Notice 10 days |
$25 $25 |
| All Other Demolitions with no asbestos project | All | 10 Days | $150 |
| Asbestos Project includes demolition fee* | 10 - 259 linear ft 48 - 159 square ft |
(( 10 Days |
$150 |
| Asbestos Project includes demolition fee | 260 - 999 linear ft 160 - 4,999 square ft |
10 Days | $300 |
| Asbestos Project includes demolition fee | 1,000 - 9,999 linear ft 5,000 - 49,999 square ft |
10 Days | $750 |
| Asbestos Project includes demolition fee | 10,000+(( 50,000+ (( |
10 Days | $2,000 |
| (( |
100,000 - 149,999 square ft |
||
150,000+ square ft |
|||
| Emergency | 4.03(c) | Prior Notice | Add'l fee equal to project fee |
| Amendment | 4.03(b) | Prior Notice | $50 |
(demolitions or friable asbestos containing materials) |
|||
| Additional fee equal to project fee)) | |||
| Annual | 4.03 (a)(8) | Prior Notice | (( No Fee |
| (( |
|||
*Contractors participating in the Agency work schedule fax
program shall only be required to provide prior notification for
this project size category and no fee will be assessed.
The Control Officer may waive the asbestos project fee and
notification period, by written authorization, for disposal of
unused and intact or abandoned (without the knowledge or consent
of the property owner) friable, asbestos-containing
material((s)). ((All other asbestos project and demolition
requirements remain in effect.))
(e) Repeal of Fees
The repeal of fees for alternate means of compliance requests and annual notifications as formerly set forth in Section 4.03(d) of these regulations shall be applied retroactively and take effect as of March 9, 2000.
AMENDATORY SECTION
REGULATION III SECTION 4.04 ASBESTOS REMOVAL REQUIREMENTS PRIOR TO RENOVATION OR DEMOLITION
(a) Removal of Friable Asbestos Prior to Renovation or Demolition
Except as provided in Section ((4.06(c))) 4.04(c) of this
Regulation, it shall be unlawful for any person to cause or allow
any demolition or renovation that may disturb friable,
asbestos-containing material or damage a structure so as to
preclude access to friable, asbestos-containing material for
future removal, without first removing all friable,
asbestos-containing material in accordance with the requirements
of this regulation.
Friable, ((A))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) Demolition by Burning
It shall be unlawful for any person to cause or allow the burning of any facility for fire training without removing all asbestos-containing material prior to burning. This includes both friable and nonfriable asbestos-containing material.
(((b))) (c) Exception For Hazardous Conditions
Friable, ((A))asbestos-containing material need not be
removed prior to a demolition or renovation, 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.
AMENDATORY SECTION
REGULATION III SECTION 4.05 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 & Industries, the federal Occupational Safety & Health Administration, or the United States Environmental Protection Agency (whichever agency has jurisdiction) and whose certification is current.
This certification requirement does not apply to asbestos
projects conducted as part of a renovation in a((n
owner-occupied,)) single-family residence performed by the
((resident)) owner of the dwelling.
(b) Friable Asbestos Removal Work Practices
((Except as provided in Section 4.06 of this Regulation,
it)) It shall be unlawful for any person to cause or allow the
removal of friable, 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, friable, asbestos-containing material((s)),
such as surfacing material and thermal system insulation, shall
be saturated with a liquid wetting agent prior to removal. Any
unsaturated, absorbent, friable, asbestos-containing
material((s)) exposed during removal shall be immediately
saturated with a liquid wetting agent.
(4) Nonabsorbent, friable, asbestos-containing
material((s)), 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, friable, asbestos-containing
material((s)) 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 friable, asbestos-containing material are exempt from the requirements of Sections 4.05 (b)(3) and 4.05 (b)(4) if all access to the friable, asbestos-containing material is welded shut or the component has mechanical seals, which cannot be removed by hand, that separate the friable, asbestos-containing material from the environment.
(6) Except for surfacing materials being removed inside a negative pressure enclosure, friable, 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 friable, 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, friable, 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, friable, asbestos-containing waste material shall be kept coated with a liquid wetting agent until sealed in leak-tight containers while coated with a liquid wetting agent.
(9) The exterior of each leak-tight container shall be free of all asbestos residue and shall be permanently labeled with an asbestos warning sign as specified by the Washington State Department of Labor and Industries or the federal Occupational Safety and Health Administration.
(10) Immediately after sealing, each leak-tight container shall be permanently marked with the date the material was collected for disposal, the name of the waste generator, and the address at which the waste was generated. This marking must be readable without opening the container.
(11) Leak-tight containers shall not be dropped, thrown, slid, or otherwise damaged.
(12) The friable, 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:))
It shall be unlawful for any person to cause or allow the removal of nonfriable, asbestos-containing material unless all the following requirements are met:
(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;)) Sanding, grinding, abrading, or sawing of nonfriable,
asbestos-containing material shall be prohibited unless the
material that is disturbed is handled as friable,
asbestos-containing material in accordance with the requirements
in Section 4.05(b) of this regulation.
(2) Appropriate ((D))dust control methods as provided in
Section 9.15 of Regulation I shall be used as necessary to
control ((assure no)) fugitive dust ((is generated)) emissions
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))) (3) After being ((lowered to the ground,)) removed,
the nonfriable asbestos-containing ((roofing)) material shall be
((immediately)) promptly transferred to a disposal container; and
(((5))) (4) Each disposal container shall have a sign
identifying the material as nonfriable asbestos-containing
((roofing)) waste material.
REPEALER
REGULATION III SECTION 4.06 ALTERNATE MEANS OF COMPLIANCE
NEW SECTION
REGULATION III SECTION 4.09 COMPLIANCE WITH OTHER RULES
Other government agencies have adopted rules that may apply to asbestos projects regulated under these rules including, but not limited to, the U.S. Environmental Protection Agency, the Occupational Safety and Health Administration, and the Department of Labor and Industries. Nothing in the Agency's rules shall be construed as excusing any person from complying with any other applicable local, state, or federal requirement.