PROPOSED RULES
CLEAN AIR AGENCY
Original Notice.
Exempt from preproposal statement of inquiry under RCW 70.94.141(1).
Title of Rule and Other Identifying Information: Amend Regulation III, Section 4.03 (Asbestos).
Hearing Location(s): Puget Sound Clean Air Agency, 110 Union Street, Suite 500, Seattle, WA 98101, on June 22, 2006, at 9:15 a.m.
Date of Intended Adoption: June 22, 2006.
Submit Written Comments to: Lynn Sykes, Puget Sound Clean Air Agency, 110 Union Street, #500, Seattle, WA 98101, e-mail lynns@pscleanair.org, fax (206) 343-7522, by June 21, 2006.
Assistance for Persons with Disabilities: Contact agency receptionist, (206) 689-4010, by June 15, 2006, TTY (800) 833-6388 or (800) 833-6385 (braille).
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The agency annually reviews fees collected and proposes appropriate fee adjustments to collect sufficient fees to support the program. Adjustments to the notification fee schedule are being proposed to ensure the program costs are covered and the agency does not collect more fees than required to operate the program.
Also being proposed are two minor clarifications that address notification procedures and do not affect technical requirements for asbestos projects or demolition work. One clarification addresses the ability to include multiple asbestos projects on one notification. The proposal clarifies that this notification option must be for structures in a contiguous area. The second clarification proposed is language stating that additional structures cannot be added to a notification through an amendment. An additional structure subject to an asbestos project will need a separate notification.
Reasons Supporting Proposal: This proposal should align the asbestos program costs with the projected operating expenses, and it clarifies language that could be a source of confusion.
Statutory Authority for Adoption: Chapter 70.94 RCW.
Statute Being Implemented: RCW 70.94.141.
Rule is not necessitated by federal law, federal or state court decision.
Name of Proponent: Puget Sound clean air agency, governmental.
Name of Agency Personnel Responsible for Drafting: Steve Van Slyke, 110 Union Street, #500, Seattle, WA 98101, (206) 689-4052; Implementation and Enforcement: Jim Nolan, 110 Union Street, #500, Seattle, WA 98101, (206) 689-4053.
No small business economic impact statement has been prepared under chapter 19.85 RCW. This agency is not subject to the small business economic impact provision of the Administrative Procedure Act.
A cost-benefit analysis is not required under RCW 34.05.328. RCW 34.05.328 does not apply to local air agencies, per RCW 70.94.141.
April 28, 2006
Steve Van Slyke
Supervisory Engineer
AMENDATORY SECTION
REGULATION III SECTION 4.03 ASBESTOS 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).
(3) Notification is not required for removal and disposal of nonfriable, asbestos-containing material.
(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.
(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 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 on one form if all the following criteria are met:
(A) The work will be performed continuously by the same
contractor; ((and))
(B) The structures are located in a contiguous area; and
(((B))) (C) 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;
(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.
(3) Additional structures may not be added to a notification by amendment.
(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 | Notification Period |
Non- Refundable Fee |
Demolition Surcharge** |
| Single-Family Residence Asbestos Project* | prior notice | $25 | |
| Demolition (with or without asbestos project) | 10 days | $50 | |
| All Other Demolitions (without asbestos project) |
10 days | (( |
|
| All Other Asbestos Projects | |||
| 10 - 259 linear ft* and/or 48 - 159 square ft |
prior notice (asbestos only) 10 days (demolition) |
(( |
(( |
| 260 - 999 linear ft and/or 160 - 4,999 square ft |
10 days | $200 | (( |
| 1,000+ linear ft and/or 5,000+ square ft |
10 days | $600 | (( |
| Emergency - 4.03(c)*** | prior notice | applicable fees + $50 |
|
| Amendment - 4.03(b) | prior notice | $25 | |
| Annual Notice - 4.03 (a)(8) | prior notice | (( |
**Additional fee for demolitions. All demolitions require a Notice of Intent and a 10-day notification period unless waived per Section 4.03(c).
***The 10-day notification period may be waived per Section 4.03(c) and with payment of the applicable fees + $50. Single-family residences are exempt from the emergency fee; however, property owners must still provide a written request per Section 4.03(c).
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.