WSR 18-06-094

PROPOSED RULES

[Filed March 6, 2018, 5:15 p.m.]

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.

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 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.

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

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

(1) "Adequately wet" means sufficiently mixed, saturated, penetrated, or coated with a fine mist of water or aqueous solution to prevent emissions.

(2) "AHERA accredited building inspector" means a person who has successfully completed the training requirements for a building inspector established by the Environmental Protection Agency (EPA) Asbestos Model Accreditation Plan; Interim Final Rule (40 CFR 763, Appendix C to Subpart E, I.B.3) and whose certification is current. (Asbestos Hazard Emergency Response Act-AHERA)

(3) "((AHERA)) Asbestos 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) Subpart E, Appendix C) and whose certification is current.

(4) "Asbestos" means the asbestiform varieties of actinolite, amosite (cummingtonite-grunerite), tremolite, chrysotile (serpentine), crocidolite (riebeckite), or anthophyllite.

(5) "Asbestos-containing material" means any material containing ((at least)) greater than one percent (1%) asbestos as determined by polarized light microscopy using ((the interim Method of the Determination of Asbestos in Bulk Samples contained in Appendix A of Subpart F in 40 CFR Part 763.)) the procedures and methods in 40 CFR Part 763 Subpart E, Appendix E, Section 1. This term does not include nonfriable asbestos-containing roofing materials, regardless of asbestos content, when the following conditions are met:

(a) The asbestos-containing roofing material is in good condition and is not peeling, cracking, or crumbling; and

(b) The binder is petroleum based, the asbestos fibers are suspended in that base, and individual fibers are still encapsulated; and

(c) The binder still exhibits enough plasticity to prevent the release of asbestos fibers in the process of removing it; and

(d) The building, vessel, or structure containing the asbestos-containing roofing material, will not be demolished by burning or mechanical renovation/demolition methods that may release asbestos fibers.

(6) "Asbestos-containing waste material" means any waste that contains, or is contaminated with, asbestos-containing material. This term includes asbestos waste from control equipment, materials used to enclose the work area during an asbestos project, asbestos-containing material(s) collected for disposal, or asbestos-containing waste, debris, containers, bags, protective clothing, or HEPA filters. This term does not include samples of asbestos containing material taken for testing or enforcement actions.

(7) "Asbestos project" means the construction, demolition, maintenance, repair, remodeling, or renovation of any public or private building(s), vessel, structure(s), or component(s) involving the demolition, removal, ((encapsulation,)) salvage, disposal, or disturbance of any asbestos-containing material or presumed asbestos containing material. ((This term includes the removal and disposal of asbestos-containing waste material from manufacturing operations that combine asbestos-containing material with any other material(s) to produce a product and the removal and disposal of stored asbestos-containing material.)) It does not include the application of duct tape, rewettable glass cloth, canvas, cement, paint, or other ((nonasbestos)) non-asbestos materials to seal or fill exposed areas where asbestos fibers may be released. Nor does this include routine maintenance and other non-abatement projects that may minimally disturb ((ACM)) asbestos-containing materials.

(8) "Asbestos ((Survey)) inspection" means an inspection by an AHERA accredited building inspector using the procedures contained in 40 CFR 763.85 and 86, or an alternate method that has received prior approval from the Agency, to determine whether materials or structures to be worked on, removed, remodeled, renovated or demolished, (including material on the outside of structures) contain asbestos.

(9) (("Authority" or)) "Agency" means the Southwest Clean Air Agency (SWCAA).

(((10))) (11) "Certified asbestos worker/supervisor" means a person who is certified by the Washington State Department of Labor and Industries under WAC 296-65-010, and 012, and 030 to undertake an asbestos project or, for federal employees working in a federal facility, trained in an equally effective program approved by the United States Environmental Protection Agency.

(((11))) (12) "Collected for disposal" means sealed in a leak-tight container while adequately wet.

(((12) "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).))

(13) "Component" means any equipment, pipe, structural member, or other item covered with, coated with, or containing asbestos-containing material.

(14) "Controlled area" means an area ((to which)) with access restricted to allow only certified asbestos workers, or other persons authorized by the Washington Industrial Safety and Health Act (WISHA)((, have access)). For owner-occupied, single-family residence dwellings, the controlled area is the ((interior of the dwelling)) area where the asbestos-containing material is being removed.

(15) "Demolition" means the wrecking, dismantling, removal of any load-supporting structural member on, or the intentional burning of, any building, vessel, structure, or portion thereof., rendering the structure uninhabitable. Demolition includes the removal of a facility from its foundation followed by relocation of the facility onto a new foundation at a different location. ((For owner-occupied, single-family residence dwellings, a demolition means the wrecking, dismantling, or removal of any load bearing structural member by the use of heavy equipment (such as a backhoe) or the burning of the building thereby rendering as permanently uninhabitable, that portion of the building being demolished.))

(16) "Emergency asbestos project" ((or "Emergency Renovation Project")) means an unplanned asbestos project necessitated by a sudden and unexpected event ((that will imminently endanger human health and safety either through exposure to asbestos fibers or of vital utilities.)) Such events may include earthquakes, water damage, fire damage, non-routine failure or malfunction of equipment, or identification of additional asbestos-containing material discovered during an asbestos project.

(((17) "Encapsulant" means a compound that creates a membrane over a surface (bridging encapsulant) or penetrates the material and binds its components together (penetrating encapsulant).

(19) "Enclosure" means an airtight protective overlay, such as a ceiling, floor, or wall or a plastic wrapper or barrier, covering surfaces that are coated with, covered with, or containing asbestos-containing material to control the release of asbestos fibers into the air.))

(((20))) (18) "Friable asbestos-containing material" means 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.))

(((21))) (19) "HEPA filter" means a high efficiency particulate air filter found in respirators and vacuum systems capable of filtering 0.3 micrometer mean aerodynamic diameter particles with 99.7% efficiency or greater.

(((22))) (20) "Leak tight container" means a dust and liquid tight container((, at least 6 mil thick)) that encloses the 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 polyethylene plastic used to wrap asbestos covered components.

(((23) "Local Exhaust Ventilation and Collection System" means a system as described in Appendix J of EPA 560/565-024, Guidance for Controlling Asbestos-Containing Materials in Buildings.))

(21) "Negative pressure enclosure" means any enclosure of an asbestos abatement project where the air pressure outside the enclosure is greater than the air pressure inside the enclosure and the air inside the enclosure is changed at least four times an hour by exhausting it through a HEPA filter.

(((24))) (22) "Nonfriable asbestos-containing material" means 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.

(((25))) (24) "Owner" or "Operator" means any person who owns, leases, operates, controls, or is responsible for activities at a project site, or a project operation, or both.

(((26) "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 or was once used, occupied, or designed to be occupied by one family who owns the property as their domicile. This term includes 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.))

(((27))) (26) "Person" means any individual, firm, public or private corporation, association, partnership, political subdivision, municipality, or government agency.

(((28))) (27) "Presumed asbestos-containing material" means ((thermal system insulation and surfacing material found in buildings constructed no later than 1980 (29 CFR 1926.1101))) any suspect asbestos containing material not evaluated or sampled by an AHERA accredited building inspector and is therefore presumed to be greater than 1% asbestos and shall be treated as such.

(((29) "Project" means an asbestos project, maintenance activity, renovation, or demolition activity.))

(((30))) (28) "Renovation" means the modification of any existing building, vessel, structure, component, or portion thereof, not including demolition. ((involving the removal, encapsulation, alteration, disposal, or disturbance of any asbestos-containing material, or a project that is releasing, or likely to release asbestos fibers into the air. A renovation project is only covered under this regulation if the renovation involves asbestos-containing material or the potential to disturb asbestos-containing material. If no asbestos-containing material is present on the project, there are no notification requirements or special handling procedures.))

(((31))) (30) "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, mastics and cement siding regardless of year installed.

(32) "Visible emissions" means ((any)) emissions to the atmosphere that are visually detectable without the aid of instruments. including deposition and track out of asbestos containing material outside of the controlled area. This term does not include condensed uncombined water vapor.

(33) "Waste generator" means any owner or operator of a source whose act or process produces asbestos-containing waste material.

(34) "Waste shipment record" means the shipping document required to be originated and signed by the owner or operator, used to track and substantiate the disposition of asbestos-containing waste material.

(35) "Working Day" means Monday through Friday and includes holidays that fall on any of the days Monday through Friday.

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

(1) Renovation

(((a) Prior to performing any renovation activity the property owner or the owner's agent shall determine whether there are suspect asbestos-containing materials in the work area. The property owner or the owner's agent shall obtain an asbestos survey of any suspect asbestos-containing materials. The asbestos survey shall be performed by an AHERA (Asbestos Hazard Emergency Response Act) building inspector. An asbestos survey at a single family resident is not required to be performed by an AHERA building inspector when the renovation project is performed by the owner/occupant.

(d) Only an AHERA building inspector may determine that a suspect material does not contain asbestos except for renovations of an owner-occupied, single-family residence performed by the owner/occupant, however, must handle all presumed asbestos-containing material as provided in SWCAA 476-050.))

(2) Demolition

(a) Prior to performing any demolition project the property owner or the owner's agent shall obtain an asbestos ((survey)) inspection of the ((facility)) structure or part of the ((facility)) structure where the demolition will occur for the presence of asbestos. The asbestos ((survey)) inspection shall be performed by an AHERA (((Asbestos Hazard Emergency Response Act))) accredited building inspector.

(((b) A summary of the results of the asbestos survey shall be documented and shall either be posted by the property owner or owner's agent at the work site or communicated in writing to all persons who may come into contact with the material.))

(c) Any material presumed to be asbestos-containing material is not required to be ((evaluated)) sampled by an AHERA accredited building inspector. Any material presumed to be asbestos-containing material shall be handled as though it was an asbestos-containing material.

(((d) Only an AHERA building inspector may determine that a suspect material does not contain asbestos-containing materials.))

(e) Suspect materials collected shall be analyzed for asbestos content using the procedures and methods in 40 CFR Part 763 Subpart E, Appendix E, Section 1. 

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

(((f))) (i) If the facility is to be demolished by intentional burning, all ((the)) asbestos-containing material shall be removed as an asbestos project in accordance with SWCAA 476-080.

AMENDATORY SECTION (Amending WSR 17-11-084 filed 5/19/17, effective 6/19/17)

(1) Applicability. No person shall cause or allow work on an asbestos project((, maintenance, renovation,)) or demolition activity ((involving asbestos containing material)) unless the owner or owner's agent ((operator)) has submitted a complete notification to the Agency on Agency approved forms, in accordance with the advance notification period requirements and fees as provided in ((SWCAA 476-050(2))) the current SWCAA Consolidated Fee Schedule established in accordance with SWCAA 400-098.

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

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

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

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

(((e))) (f) The ((written)) notification shall expire on the project completion date as specified by the owner or or owner's agent ((operator;)) unless amended prior to the completion date.

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

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

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

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

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

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

(a) Annual ((written)) notifications shall be submitted to the Agency for approval before commencing work on any asbestos projects specified in an annual ((application)) 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 shall be limited to less than 260 linear feet on pipes and 160 square feet on other components.

(c) Any asbestos project involving at least 260 linear feet on pipes or 160 square feet or more on other components for each building, vessel, or structure at the facility shall be subject to the notification requirements of SWCAA 476-050(1) and 476-050(2) ((in addition to)) and not the annual notification requirements.

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

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

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

(ii) Accumulated asbestos-containing waste materials collected ((during each calendar quarter)) from each asbestos project shall be kept in a controlled storage area posted with one (1) or more highly visible asbestos warning signs and accessible only to authorized persons; and

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

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

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

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

(a) A change in the job size category because of identification of additional asbestos-containing material. In this case, the fee shall be increased accordingly and the total fee shall be equal to, but not exceed, the fee amount provided for the new job size category as specified in ((SWCAA 476-050(2))) the current Consolidated Fee Schedule established in accordance with SWCAA 400-098;

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

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

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

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

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

(g) ((Any other information requested by the Agency.)) An amendment fee shall be incurred after the second revision to the original notification and for every subsequent revision thereafter in accordance with the current Consolidated Fee Scheduled established in accordance with SWCAA 400-098.

(5) Emergencies.

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

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

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

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

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

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

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

(1) Project requirements. No person shall cause or allow work on an asbestos project unless the following ((procedures are employed)) are met, except as provided in SWCAA 476-060(2):

(a) Any work on an asbestos project shall be performed by a certified asbestos abatement contractor with certified asbestos workers under the direct, on-site supervision of a certified asbestos supervisor. This requirement shall not apply to ((certain limited)) asbestos projects conducted in accordance with SWCAA 400-060(2) for owner-occupied, single-family dwellings performed by the owner/occupant.

(b) 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. This includes asbestos projects performed by the owner-occupant at owner-occupied, single family dwellings.

(c) All asbestos containing material shall be kept adequately wet while being removed from any structure, building, vessel, or component.

(d) No visible emissions, including fallout or track out, shall result from an asbestos project.

(e) All asbestos-containing material that has been removed or may have fallen off components during the course of an asbestos project shall be:

(i) Kept adequately wet until collected for disposal;

(ii) Collected for disposal at the end of each working day;

(iii) Contained in a controlled area at all times until transported to a temporary asbestos storage site or waste disposal site; ((and))

(((iv))) (v) Carefully lowered to the ground or a lower floor, not dropped, thrown, slid, or otherwise handled in such a manner that may risk further damage to them; or

(((v))) (vi) Transported to the ground via dust tight chutes or containers if they have been removed or stripped more than 50 feet above ground level and were not removed as a unit or in sections.

(f) Mechanical assemblies or components covered with, coated with, or containing asbestos-containing material, removed as a unit or in sections, shall be contained in a leak-tight wrapping after wetting and shall be labeled in accordance with SWCAA 476-070 (1)(a)(iii).

(i) For large components such as boilers, steam generators, and large tanks, the asbestos-containing material is not required to be removed or stripped if the component can be removed, stored, transported, and deposited at a waste disposal site or reused without disturbing or damaging the asbestos.

(ii) Metal components such as valves, fire doors, and reactor vessels that have internal asbestos-containing material ((may avoid)) do not require wetting and leak tight wrapping if:

(A) All access to the asbestos-containing material is welded shut; or

(B) The component has mechanical seals in place that separate the asbestos-containing material from the environment and these seals cannot be removed by hand.

(((C) The components are labeled in accordance with SWCAA 476-070 (1)(a)(iii).))

(((f))) (g) Local exhaust ventilation and collection systems used on an asbestos project shall:

(i) Be maintained to ensure the integrity of the system; and

(ii) When feasible, have one or more transparent plastic or glass viewing ports installed on the walls of the enclosure in such a manner that will allow for viewing ((of all components)) inside the enclosure. When available, existing windows may be utilized for viewing ports.

(((g))) (h) Local exhaust ventilation and collection systems, control devices, and vacuum systems, used on an asbestos project shall be equipped with a HEPA exhaust filter, maintained in good working order, and shall allow no visible emissions.

(2) Exemptions for Owner-Occupied, Single-Family ((Dwellings)) Residence. The requirements of SWCAA 476-060 (1)(a) shall not apply to asbestos projects conducted in an owner-occupied, single-family ((dwelling)) residence by the resident owner of the ((dwelling)) residence.

(3) Alternate Means of Compliance.

(a) Friable Asbestos-Containing Material Alternative Removal Methods

An alternate asbestos removal method may be employed for friable asbestos-containing material if an AHERA Project Designer (who is also qualified as a Certified Hazardous Materials Manager, Certified Industrial Hygienist, Registered Architect, or Professional Engineer) has evaluated the work area, the type of asbestos-containing material, the projected work practices, and the engineering controls, and demonstrates to the Agency that the planned control method will be effective as the work practices contained in SWCAA 476-060(1) in controlling asbestos emissions. The property owner or the owner's agent shall document through air monitoring at the exhaust from the controlled area that the asbestos fiber concentrations outside the controlled area do not exceed 0.01 fibers/cc, 8 hour average.

The Agency may require additional conditions be included in the alternate removal method that are reasonably necessary to assure the planned control method is as effective as wetting, and may revoke the alternate removal method for cause.

(b) Nonfriable Asbestos-Containing Material Alternative Removal Methods

An alternate asbestos removal method may be employed for nonfriable asbestos-containing material if ((a Competent Person or)) an AHERA Project Designer has evaluated the work area, the type of asbestos-containing material, the projected work practices, and the engineering controls, and demonstrates to the Agency that the planned control method will be equally as effective as the work practices in SWCAA 476-060(1) in controlling asbestos emissions.

The Agency may require additional conditions be included in the alternate removal method that are reasonably necessary to assure the planned control method is as effective as wetting, and may revoke the alternative removal method for cause.

(c) Leaving Nonfriable Asbestos-Containing Material in Place During Demolition

Nonfriable asbestos-containing material may be left in place during demolition, if an AHERA Project Designer (who is also qualified as a Certified Hazardous Materials Manager, Certified Industrial Hygienist, Registered Architect, or Professional Engineer) has evaluated the work area, the type of asbestos-containing materials involved, the projected work practices, and the engineering controls, and demonstrates to the Agency that the asbestos-containing material will remain nonfriable during all demolition activities and subsequent disposal of the debris. No asbestos-containing material shall remain in place if the demolition involves burning or other activities that would result in the potential release of asbestos-containing material to the ambient air.

The Agency may require additional conditions be included in the alternate removal method that are reasonably necessary to assure the asbestos-containing material remains nonfriable((, and may revoke the Alternate Approval Notification for cause)).

(4) Exceptions for Hazardous Conditions. Asbestos-containing material need not be removed prior to a demolition if the property owner or owner's agent demonstrates to the Agency that it is not accessible because of hazardous conditions such as: structures or buildings that are structurally unsound and may immediately collapse, or other conditions that are 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 as prepared by an AHERA project designer that will be followed for controlling asbestos emissions, including run off, during the demolition or renovation and disposal of the asbestos-containing waste material.

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

(1) Disposal Requirements. No person shall cause or allow work on an asbestos project unless the following procedures are employed during the collection, processing, packaging, ((transporting,)) or ((deposition)) disposal of any asbestos-containing waste material:

(a) Treat all asbestos-containing waste material as follows:

(i) Adequately wet all asbestos-containing waste material ((and mix asbestos waste from control devices, vacuum systems, or local exhaust ventilation and collection systems with water to form a slurry));

(ii) After wetting, seal all asbestos-containing waste material in leak tight containers or wrapping to ensure that they remain adequately wet when deposited at a waste disposal site;

(iii) Permanently (indelible markers or labels made with indelible ink) label wrapped materials and each container with an asbestos warning sign as specified by the Washington State Department of Labor and Industries or the Occupational Safety and Health Administration. Permanently mark the label with the date the material was collected for disposal, the name of the waste generator, the name and affiliation of the certified asbestos supervisor, (unless performed by owner-occupant at residential structure), and the location at which the waste was generated prior to removal from the controlled area;

(iv) Ensure that the exterior of each container is free of all asbestos residue; and

(v) Exhibit no visible emissions during any of the operations required by this section; and

(b) All asbestos-containing waste material shall be deposited within ((ten (10) calendar)) 10 days after collection at a waste disposal site operated in accordance with the provisions of 40 CFR 61.154 or 61.155 and approved by the health department with jurisdiction. Asbestos-containing waste material may remain onsite longer than 10 days if the facility has a current Temporary Asbestos Storage Facility Authorization and the asbestos-containing waste material is stored within that temporary storage facility as provided in SWCAA 476-070(((2))) (3).

(c) All asbestos-containing waste material, handled as dangerous waste in accordance with WAC 173-303, shall be excluded from the requirements of SWCAA 476-070 (1)(a)(iii) and 476-070 (1)(b).

(vi) The name, address, and telephone number of the transporter.

(vii) A certification from the waste generator 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 waste transport regulations.

(e) Retain a copy of all waste shipment records for 24 months from the date it was generated, including a copy of the waste shipment record signed by the owner or operator of the designated waste disposal site. A copy of waste shipment records shall be provided to the Agency upon request.  

(((2))) (3) Alternative Storage Method - Temporary Asbestos Storage Facility. The owner or operator of a licensed asbestos abatement company or disposal facility may apply to the Agency to establish a temporary facility for the purpose of collecting and temporarily storing asbestos-containing waste material.

(a) No person shall cause or allow the operation of a temporary asbestos storage facility without the prior written approval of the Agency.

(b) The owner or operator must submit a complete application for establishment of a temporary asbestos storage facility on forms provided by the Agency. When approved, an Asbestos Storage Facility Authorization will be returned to the owner or operator by SWCAA to be posted at the entrance to the facility or on file at the facility office.

(c) ((An)) A temporary asbestos storage facility shall meet the following general conditions:

(i) Asbestos-containing waste material must be stored in a leak tight container ((with a single piece liner at least 6 mil in thickness; and)) in a secured building or in a secured exterior enclosure; and

(((ii) Said container must be in a secured building or in a secured exterior enclosure; and))

(((iii))) (ii) The secured building or enclosure must be locked except during transfer of asbestos-containing waste material((; and)).

(((iv) Return of the waste shipment record to the waste generator shall not exceed the 45-day requirement of 40 CFR Part 61.150 except as otherwise approved by the Agency.))

(((3))) (4) Alternative Disposal Method - Asbestos-Cement Water Pipe. Asbestos-cement ((water)) pipe used on public right-of-ways or public easements shall be excluded from the disposal requirements of SWCAA 476-070 (1)(b) if the following ((conditions are)) condition is met:

(a) ((Any asbestos-cement water pipe greater than one (1) linear foot in size may be buried on public right-of-ways or public easements if covered with at least three (3) feet or more of non-asbestos fill material; and)) The asbestos-cement pipe is maintained intact, not crushed or broken, and is left in place under at least 3 feet of backfill and the location noted on deeds, easements and other applicable property and legal documents. Prior written approval from the Agency is required.

(((b) All asbestos-containing waste material, including asbestos-cement water pipe fragments that are one (1) linear foot or less, protective clothing, HEPA filters, or other asbestos contaminated material, debris, or containers, shall be subject to the requirements of SWCAA 476-010 through 476-070.))

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

SWCAA 476-080 Demolition by Intentional Burning

Prior to performing any fire training exercise involving intentional burning as a method of demolition, the following steps shall be completed:

(1) The owner or owner's agent shall obtain an asbestos ((survey)) inspection of any suspect asbestos-containing materials (including non-friable roofing materials). The asbestos ((survey)) inspection shall be performed by an AHERA accredited building inspector as provided in SWCAA 476-040.

(2) If asbestos-containing material is present, regardless of amount, the asbestos-containing material shall be removed as an asbestos project in accordance with SWCAA 476-050 and SWCAA 476-060.

(3) If there is no asbestos-containing material in the work area, this determination shall either be posted at the work area or communicated in writing to all persons involved in the demolition project by the owner or owner's agent.

(4) A summary of the results of the asbestos ((survey)) inspection shall be submitted to SWCAA by the owner or owner's agent along with the ((Demolition Notification)) Notification of Demolition as provided in SWCAA 476-050.

(5) The fire district or other organization involved in the fire training exercise as a method of demolition shall notify SWCAA of the date, time, and location of the proposed exercise and the fire district contact person and phone number for that exercise at least ((five calendar)) 10 days in advance of the exercise.

(6) The owner or owner's agent shall provide notice of the fire to the owners of property adjoining the property on which the fire will occur at least ((five calendar)) 10 days in advance of the exercise.

(7) No fire training exercise that involves intentional burning as a method of demolition shall be allowed without prior written approval from SWCAA as described in SWCAA 425-060.