WSR 18-06-094
PROPOSED RULES
SOUTHWEST CLEAN
AIR AGENCY
[Filed March 6, 2018, 5:15 p.m.]
Original Notice.
Title of Rule and Other Identifying Information: SWCAA 476-030 Definitions. This is an existing section containing definitions for terms and words directly relevant to the regulation.
SWCAA 476-040 Asbestos Survey Requirements. This is an existing section describing the requirements for asbestos surveys.
SWCAA 476-050 Notification Requirements and Fees. This is an existing section containing notification requirements for asbestos projects.
SWCAA 476-060 Procedures for Asbestos Emission Control. This is an existing section describing required measures to control emissions from asbestos projects.
SWCAA 476-070 Disposal of Asbestos-Containing Waste Material. This is an existing section containing requirements for disposal and storage of asbestos containing waste material.
SWCAA 476-080 Demolition By Intentional Burning. This is an existing section containing requirements for fire training exercises that intentionally demolish a structure by burning.
Hearing Location(s): On May 3, 2018, at 3:00 p.m., at the Office of Southwest Clean Air Agency (SWCAA), 11815 N.E. 99th Street, Suite 1294, Vancouver, WA 98682.
Date of Intended Adoption: June 7, 2018.
Submit Written Comments to: Gerald Strawn, 11815 N.E. 99th Street, Suite 1294, Vancouver, WA 98682, email gerry@swcleanair.org, fax 360-576-0925, by May 4, 2018.
Assistance for Persons with Disabilities: Contact Tina Hallock, phone 360-574-3058, email tina@swcleanair.org, by May 1, 2018.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: SWCAA 476-030 Definitions. The proposed rule change adds additional definitions necessary for implementation and updates existing definitions.
SWCAA 476-040 Asbestos Survey Requirements. The proposed rule change clarifies and updates existing asbestos inspection and sampling procedures, adds alternate inspection and sampling procedures, and adds asbestos inspection reporting requirements to require detailed inspection information, as well as details of identified asbestos-containing materials.
SWCAA 476-050 Notification Requirements and Fees. The proposed rule change reduces the required notification period from ten business days to ten calendar days for both the Notice of Intent to Remove Asbestos and Notification of Demolition, adds abandoned asbestos-containing materials procedures, and adds State of Emergency procedures for storms, floods, or other disasters. Minor clarifications and updates will be made to existing language.
SWCAA 476-060 Procedures for Asbestos Emission Control. The proposed rule change adds a provision for storage of asbestos-containing materials in a leak tight container. Minor clarifications and updates will be made to existing language.
SWCAA 476-070 Disposal of Asbestos-Containing Waste Material. The proposed rule change adds waste tracking requirements for the disposal of any asbestos-containing waste materials. Minor clarifications and updates will be made to existing language.
SWCAA 476-080 Demolition By Intentional Burning. The proposed rule change increases the notification period for fire training burns from five calendar days to ten calendar days. Minor clarifications and updates will be made to existing language.
Reasons Supporting Proposal: See purpose above.
Statutory Authority for Adoption: RCW 70.94.141.
Statute Being Implemented: RCW 70.94.141.
Rule is not necessitated by federal law, federal or state court decision.
Name of Proponent: SWCAA, governmental.
Name of Agency Personnel Responsible for Drafting: Gerald Strawn, 11815 N.E. 99th Street, Suite 1294, Vancouver, WA 98682, 360-574-3058; Implementation and Enforcement: Uri Papish, 11815 N.E. 99th Street, Suite 1294, Vancouver, WA 98682, 360-574-3058.
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. SWCAA is an air pollution control authority and is not included in the list of affected agencies provided in RCW 34.05.328 (5)(a). SWCAA is not voluntarily making the rule applicable.
This rule proposal, or portions of the proposal, is exempt from requirements of the Regulatory Fairness Act because the proposal:
Is exempt under RCW 70.94.141(1).
Explanation of exemptions: Pursuant to RCW 70.94.141(1), air pollution control authorities are authorized to adopt and amend rules and regulations in accordance with chapter 42.30 RCW and selected portions of chapter 34.05 RCW. SWCAA is not deemed a state agency and is not required to comply with the provisions of chapter 19.85 RCW.
March 6, 2018
Uri Papish
Executive Director
Reviser's note: The material contained in this filing exceeded the page-count limitations of WAC 1-21-040 for appearance in this issue of the Register. It will appear in the 18-07 issue of the Register.