WSR 15-07-073

PERMANENT RULES

[Filed March 17, 2015, 8:42 a.m., effective April 26, 2015]

Effective Date of Rule: April 26, 2015.

Purpose: Adoption of this change removed fees from ORCAA Regulation 3. The ORCAA board of directors will adopt through resolution the fees that fund the agency activities.

Citation of Existing Rules Affected by this Order: Amending ORCAA Regulations Rules 2.3, 3.1, 3.2, 3.3, 3.4, 3.5, 3.6, 6.1.1, and 6.3.2.

Statutory Authority for Adoption: Chapter 70.94 RCW.

Adopted under notice filed as WSR 15-03-094 on January 21, 2015.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 0, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.

Date Adopted: March 11, 2015.

Francea L. McNair

Executive Director

(a) The Agency shall charge Initial and Annual registration fees pursuant to RCW 70.94.151. Annual registration fees shall be assessed according to the annual fee schedules set forth in Rule 3.1(b) below. Initial registration fees shall be assessed upon initial registration of a source and shall equal the annual registration fee based on projected emissions and prorated for the remaining months in the fiscal year. Initial and Annual registration fees shall provide revenue to fund the Agency's ongoing Registration Program.

(b) All sources requiring registration shall be assessed an annual registration fee; the fees required by this rule shall be based on process rates, equipment specifications, and emissions data from the previous calendar year on file with the Agency, provided that, if this information is not on file with the Agency, the Agency may base the annual fee on the enforceable emissions limitations for the source and maximum capacities and production rates. For purposes of assessing annual registration fees, the Agency shall consider updates and revisions to any source's file received prior to July 1 of the current year. The fees shall be assessed according to items (1) and (2) of this rule. Sources assessed annual operating permit fees under Rule 3.2 shall not be assessed annual fees under this rule.

(1) An Emissions Fee ((of an amount)) as ((indicated)) specified in the Registration Fee Schedule ((Table 3.1a)) per ton of each air contaminant listed in Table 3.1((b)) that is emitted by the source. The emissions fee shall be based on actual emissions from the source, for the last calendar year when available, or as specified in the file or permit. Only non-VOC TAPs will be subject to the emission fee; and

(2) A Registration Class Fee ((of an amount)) as specified in the Registration Fee Schedule ((Table 3.1a)).

(c) The Agency shall ((assess)) send annual registration ((fees)) invoices out on or after August 1 of each year to cover the cost of administering the program for the current fiscal year commencing July 1 and ending June 30. The agency shall assess annual registration fees based on the most recent information on file with the Agency including any updates to the source's file received prior to July 1 of that year.

(d) Upon assessment by the Agency, annual registration fees are due and payable and shall be deemed delinquent if not fully paid within thirty (30) days. However, sources classified as RC1, RC2, or RC3 shall be given the option to pay their annual fee in quarterly installments. RC1, RC2, and RC3 sources may choose to pay their annual fees in quarterly installments by indicating so on the first invoice received and remitting payment of the first installment to the Agency along with the duplicate copy of the invoice. Quarterly installments shall be equal to 25% of the total annual registration fee and shall be due within 30 days of each quarter following initial assessment by the Agency.

(e) Any source which fails to pay, in full, their annual registration fee or annual registration installment by the due date, as stated on the invoice, shall be assessed a late penalty in the amount of 25% of their annual registration fee. This late penalty shall be in addition to the annual registration fee.

(f) Annual registration fees may be appealed according to the procedure specified in Rule 1.8.

(g) Failure to pay annual registration fees is a violation of these Regulations and will result in the issuance of a Notice of Violation and prescribed penalties.

(h) On a((n annual)) periodic basis, the Agency shall conduct a workload analysis to determine the adequacy of annual registration fees in funding the Agency's Registration Program. The workload analysis shall be based on the Agency's historical record of time and resource expenditures associated with the registration program. The workload analysis shall be presented to the Board ((at least every two years)) periodically. Any proposed revisions to the annual registration fee schedule shall be presented to the Board for adoption after public noticing pursuant to these Regulations public noticing requirements and opportunity for a public hearing.

(i) All registered sources needing to be re-inspected, due to verified conditions or actions caused by the source, will be charged an additional amount as specified in the Registration Fee Schedule ((flat rate of $100.00 per re-inspection)).

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(a) Fee Applicability. Any source or area source in the Agency's jurisdiction subject to the requirement to obtain an Operating Permit pursuant to 40 CFR 70 or RCW 70.94.161 (Title V sources), except those Title V sources for which air emissions are regulated by the Washington State Department of Ecology, shall pay annual fees to the Agency according to the provisions in this rule.

(b) Operating Permit Program Account. The Agency shall maintain a dedicated account for the Air Operating Permit Program. The account shall be funded exclusively by fee revenue from annual fees collected from Title V sources within the jurisdiction of the Agency. All fee revenue collected under Rule 3.2 shall be deposited in the Air Operating Permit account.

(c) Operating Permit Program Funding. The sum of fees assessed by the Agency under Rule 3.2 shall be sufficient to cover all direct and indirect costs of developing and administering the Agency's Operating Permit Program including Ecology's cost for development and oversight of the Agency's Operating Permit Program, as provided in RCW 70.94.162.

(d) Ecology Development and Oversight Fees. The Agency shall assess an annual Ecology Development and Oversight Fee to all Title V sources within the jurisdiction of the Agency. The total amount of Ecology Development and Oversight Fees assessed annually by the Agency shall equal Ecology's annual cost of development and oversight of the Agency's Operating Permit Program, as provided in RCW 70.94.162.

(e) Annual Fees, Existing Title V Sources. The Agency shall assess an Annual Fee to all existing Title V sources. The total amount of Annual Fees assessed by the Agency to existing Title V sources shall equal the projected net annual cost to administer the Agency's Operating Permit Program during the current fiscal year.

(f) Net Annual Cost Projections. Projected net annual cost to administer the Agency's Operating Permit Program shall be determined annually and shall equal the projected annual cost to administer the program minus any balance of funds in the Operating Permit Program account at the end of the previous fiscal year. Projected annual costs shall include all direct and indirect costs to administer the Agency's Operating Permit Program and shall be based on a workload analysis conducted by staff. Net annual cost projections including the workload analysis shall be included in the Agency's annual budget and approved by resolution of the Agency's Board of Directors in a public hearing.

(g) Workload Analysis. Only fee eligible activities as specified below, as provided in RCW 70.94.162, shall be considered in the workload analysis conducted annually by staff. Fee eligible activities shall include:

(1) Preapplication assistance and review of an application and proposed compliance plan for a permit, permit revision, or permit renewal;

(2) Source inspections, testing, and other data gathering activities necessary for development of a permit, permit revision or renewal;

(3) Acting on an application for a permit, permit revision or renewal, including the cost of developing an applicable requirement as part of the processing of a permit, permit revision or renewal, preparing a draft permit and fact sheet, preparing a proposed permit, and preparing a final permit;

(4) Notifying and soliciting, reviewing and responding to comment from the public and contiguous states and tribes, conducting public hearings regarding the issuance of a draft permit and other costs of providing information to the public regarding operating permits and the permit issuance process;

(5) Modeling necessary to establish permit limits or to determine compliance with the permit limits;

(6) Reviewing compliance certifications and emission reports, conducting related compilation and reporting activities;

(7) Conducting compliance inspections, complaint investigations and other activities necessary to ensure that a source is complying with permit conditions;

(8) Administrative enforcement activities and penalty assessment, excluding the cost of proceedings before the Pollution Control Hearings Board (PCHB) and all costs of judicial enforcement;

(9) The share attributable to permitted sources to the development and maintenance of emissions inventories;

(10) The share attributable to permitted sources of the ambient air quality monitoring and associated recording and reporting activities;

(11) Training for permit administration and enforcement;

(12) Fee determination, assessment and collection, including the cost of necessary administrative dispute resolution and enforcement;

(13) Required fiscal audits, periodic performance audits and reporting activities;

(14) Tracking of time, revenues and expenditures and accounting activities;

(15) Administering the permit program including costs of clerical support, supervision and management;

(16) Provisions of assistance to small business under jurisdiction of the Agency as required under Section 507 of the Federal Clean Air Act; and,

(17) Other activities required by operating permit regulations issued by EPA under the Federal Clean Air Act.

(h) Allocation of Fees. The Annual Fee for a Title V source shall be calculated using the following three part fee allocation equation:

(i) Initial Fees. New Title V sources shall be assessed an Initial Fee after commencement of operation to cover the Agency's cost of administering the program for the new Title V source for the remainder of the current fiscal year. The Initial Fee for a new Title V source shall equal the Annual Fee based on Rule 3.2(h), which would otherwise be assessed if the Title V source commenced operation on or prior to the beginning of the current fiscal year, prorated by multiplying by the number of months remaining in the current fiscal year divided by 12.

(j) Fee Assessment and Payment Schedule. The Agency shall ((assess)) send Annual Fee((s)) invoices on or after August 1 of each year to cover the cost of administering the program for the current fiscal year commencing on July 1 and ending on June 30. Upon receipt of a fee invoice from ORCAA, Annual Fees are due and payable and shall be deemed delinquent if not fully paid within thirty (30) days. However, option shall be given to pay Annual Fees in quarterly installments. Owners or operators may choose to pay their Annual fees in quarterly installments by indicating so on the fee invoice received and remitting payment of the first quarterly installment back to the Agency. These installments shall be due October 1, January 1, and April 1, following initial payment. Quarterly installments shall be equal to twenty-five percent (25%) of the total fee.

(k) Late Payment. Any Title V source which does not pay the Annual Fee or installment by the Invoice Due date as posted on the invoice ((within thirty (30) days of the due date)) shall be assessed a late penalty equal to twenty-five percent (25%) of the fee amount due. Any penalty shall be in addition to the fee amount due.

(l) Appeal of Annual Fees. Annual Fees may be appealed according to the procedure specified in Rule 1.8. The basis for such appeals shall be limited to arithmetic or clerical errors.

(m) Exemption from Rule 3.1 fees. Title V sources assess annual fees under Rule 3.2 shall not be subject to annual Registration Program Fees under Rule 3.1 of Regulation 3.

(n) Transfer of Ownership. Transfer of ownership of a Title V source shall not affect any obligation to pay fees required by Rule 3.2. Any liability for fee payment, including payment of delinquent fees and other penalties shall survive any transfer of ownership of a Title V source.

(o) Accountability. The sum of the fees assessed by the Agency to all Title V sources within the Agency's jurisdiction shall not exceed the cost of developing and administering the program. The Agency shall keep record of all direct and indirect costs to develop and administer the Operating Permit Program as specified in 40 CFR Part 70. This information shall be used by the Agency in determining the net annual cost projections required by Rule 3.2(f) above. Provided, however, the information obtained from tracking revenues, time, and expenditures shall not provide a basis for challenge to the amount of an individual source's fee.

(a) Fees for processing a Notice of Construction (NOC) application shall include Filing Fees according to Rule 3.3(b) and any applicable Additional NOC Processing Fees according to Rule 3.3(c). Other cost to the agency of work performed outside of the agency in conjunction with approving an NOC application shall be directly reimbursed to the agency according to Rule 3.3(d).

(b) Filing Fees. A Filing Fee according to the Notice of Construction Fee Schedule ((Table 3.3a)) shall be paid for each proposed piece of equipment or process, or for groups of identical equipment or processes that, if considered individually would be subject to an NOC. Filing Fees shall be assessed and paid as follows:

(1) An NOC application may not be deemed complete unless Filing Fees have been paid in full.

(2) Equipment or processes may be considered identical and subject to a single filing fee provided:

(i) They are identical in size and capacity;

(ii) Employ identical air pollution control technology;

(iii) Use the same fuel types;

(iv) Are subject to the same performance standards and air regulatory determinations; and,

(v) May be considered as a single emissions point for the purpose of determining ambient air quality impacts.

(3) Payment of NOC Filing Fees shall be due no later than ((thirty (30) days from the date of)) the ((i))Invoice Due Date as posted on the invoice unless an alternative payment plan has been approved by the Executive Director.

(c) Additional NOC Processing Fees. Additional NOC Processing Fees shall be paid at a rate as specified in the Notice of Construction Fee Schedule ((of $80 per hour of)) for direct time expended by agency ((technical)) staff ((in completing)) working on any of the ((fee eligible)) items or actions described in Table 3.3((b)). If required, additional NOC Processing Fees shall be determined and paid as follows:

(1) Additional NOC Fees may be assessed periodically as work to complete the ((fee eligible)) items in Table 3.3((b)) incurs, but not more frequently than monthly.

(2) All Additional NOC Processing Fees shall be assessed and paid prior to issuing any Final Determination on an NOC application unless an alternative payment plan has been approved by the Executive Director.

(3) Payment of any Additional NOC Processing Fee shall be due no later than ((thirty (30) days from the date)) of the Invoice Due date as posted on the invoice unless an alternative payment plan has been approved by the Executive Director.

(4) The Director may approve an alternative payment plan provided that the plan is submitted in writing by the applicant.

(5) In computing fees based on hourly rates, only hours ((of technical staff (Engineer and Air Quality Specialist classifications))) attributed directly to completing ((fee eligible)) tasks listed in Table 3.3((b)) shall be used in computing fees.

(6) The total hours used in computing fees shall be based on the agency's official time accounting records.

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(7) Invoices shall disclose the number of hours by employee classification that is basis for any Additional NOC Processing Fee.))

(d) Other Costs. The following other costs shall be borne by the applicant and paid prior to issuing any Final Determination on an NOC application unless an alternative payment plan has been approved by the Executive Director:

(1) The cost of publishing any required notice

(2) Consulting cost incurred by the agency in conjunction with approving an NOC application.

(e) Late Payment Penalties. Failure to pay, in full, any assessed NOC fee by the due date as stated on the invoice, shall incur a late payment penalty in the amount of 25% of the total amount due.

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(a) The fee for an Agricultural Burn ((p))Permit is specified in the Outdoor Burning Fee Schedule. ((: For 10 acres (or equivalent) or less the fee is twenty-five dollars ($25.00). For greater than 10 acres (or equivalent) the fee will be two dollars and fifty ($2.50) per acre.)) The applicable fee(s) shall be established in the current fee schedule adopted by Resolution of the Board of Directors of ORCAA.

(b) The fee for a Land Clearing Burn Permit is specified in the Outdoor Burning Fee Schedule. ((Land Clearing Burn Permit: Land clearing burning permits issued by ORCAA will be charged $100.00 for one acre or less. For greater than one acre the fee will be $100.00 per acre cleared, rounded to the nearest full acre.)) The fees shall be sufficient to cover the direct and indirect cost of the Land Clearing burn Permit program and shall be determined through a workload-driven process. The applicable fee(s) shall be established in the current fee schedule adopted by Resolution of the Board of Directors of ORCAA.

(a) Any permit 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 ORCAA ((the Control Officer, or designee,)) and accompanied by the appropriate, nonrefundable fee. The appropriate fee is specified in the Asbestos Fee Schedule. ((shall be determined by Table 3.5a.))

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(a) The submittal of a Notice of Intent to Operate (NOI) shall be accompanied by the appropriate fees as specified in the Notice of Intent Fee Schedule.

(b) The applicable fee(s) shall be established in the current fee schedule adopted by Resolution of the Board of Directors of ORCAA.

(c) The Agency's fees shall be sufficient to cover the direct and indirect costs of the NOI application process and shall be determined through a workload-driven process.

Any person who owns or is in control of any plant, building, structure, establishment, process or equipment may apply to the ((Control Officer)) Agency or the Board for a variance to exceed a specific maximum emission standard of these Regulations for a limited period of time, except for any federally enforceable standard, provided that a variance to state standard is also approved by the Department of Ecology. The application shall be accompanied by such information and data as the Control Officer or Board may require. The Board my grant such variance but only after approval by the Department of Ecology and public hearing or due notice and in accordance with the provisions set forth in RCW 70.94.181, as now or hereafter amended. Any hearing held pursuant to this rule shall be conducted in accordance with the rules of evidence as set forth in RCW 34.04.100, as now or hereafter amended. ((The Agency shall not commence processing a variance request, until it has received a filing fee as determined by Table 3.3a, Plan Examination and Inspection Fee, Rule 3.3.)) A variance shall be charged fees according to the Agency's Notice of Construction Fee Schedule.

(a) For those sources required to submit a notice of intent to operate, a complete Notice of Intent to Operate (NOI) application shall be filed at least 15 days prior to starting operation of the source.

(b) NOI applications shall be made on standard forms of the Agency and shall include:

(1) All information requested in the applicable standard forms;

(2) If submitting a NOI for a stationary source qualifying for the exemption based on potential to emit under Rule 6.1 (c)(2), documentation verifying the stationary source's potential to emit;

(3) Any additional information requested by the Agency to verify that operation of the stationary source will be in compliance with applicable air pollution control requirements; and,

(4) Applicable fee according to ((Table 3.3c)) Rule 3.6.

(c) Condition of operation. The Agency may establish enforceable conditions of operation, through issuance of a regulatory Order, as are reasonably necessary to assure compliance with applicable air pollution control requirements.

(d) Temporary portable sources. Temporary portable sources shall also meet the requirements of Rule 6.1.7.

(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 ((Table)) Rule 3.5(((a))).

(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 ((starting)) 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 ((Table)) Rule 3.5(((a):)).

(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 ((Table)) Rule 3.5(((a) of these Regulations)).

(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.