CLEAN AIR AGENCY
Effective Date of Rule: May 1, 2007.
Purpose: To allow submittal of asbestos notifications and payments on-line, rather than on paper forms by mail or fax.
Citation of Existing Rules Affected by this Order: Amending Regulation III, Section 4.03.
Statutory Authority for Adoption: Chapter 70.94 RCW.
Adopted under notice filed as WSR 07-04-076 on February 5, 2007.
Changes Other than Editing from Proposed to Adopted Version: In section 4.03(b) amendments, "(C) Changes in the start date, completion date, or work schedule, including hours of work." was changed to "(C) Changes in the start date; or (D) Changes in the completion date."
Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 0, Repealed 0.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.
Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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 22, 2007.
Compliance Specialist IIAMENDATORY 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 appropriate nonrefundable
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)) in accordance with the waiting period and fee
requirements (( contained)) in Section 4.03(d) of this
(( R))regulation. Except for the annual notification
requirements in Section 4.03 (a)(8) of this regulation, the
notification must be submitted on approved forms through the
(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 and/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.
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.)) All demolitions
require a 10-day waiting period unless waived under Section
4.03 (c)(1) of this regulation.
(6) A printout ((
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 may be submitted on
one form if (( all the following criteria are met:
(A) The work will be performed continuously by the same contractor;
(B) The)) the structures are located in a contiguous
(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 and/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.
An amendment shall be submitted to the Control Officer
for the following changes)) in a notification through the
Agency website for the following changes and shall be
accompanied by the appropriate nonrefundable fee as set forth
in Section 4.03(d) of this (( R))regulation (( unless prior
arrangements for payment have been made with the Agency)):
(A) Changes between asbestos and demolition project types;
(A))) (B) 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((
,)); or (( 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.))
(D) Changes in the completion date.
(2) Amendments may not be used to add or change project site addresses listed on a previously submitted notification.
(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.))
The Control Officer may waive the advance notification
period, if the property owner submits a written request that
demonstrates to the Control Officer that))
(1) The waiting period may waived if an asbestos project or demolition must be conducted immediately because of any of the following:
(1))) (A) There was a sudden, unexpected event that
resulted in a public health or safety hazard;
(2))) (B) The project must proceed immediately to
protect equipment, ensure continuous vital utilities, or
minimize property damage;
(3))) (C) Asbestos-containing materials were
encountered that were not identified during the asbestos
(4))) (D) The project must proceed to avoid imposing an
(2) The waiting period and fees may be waived for disposal of abandoned (without the knowledge or consent of the property owner) friable, asbestos-containing material by written approval of the Control Officer.
(d) Notification Period and Fees
|Project||Waiting Period||Asbestos Fee||Demolition Fee|
|• Asbestos Project||prior written notification||$25|
|• Demolition (with or without asbestos project)||10 days||$0||$50|
|Other than Single-Family Residence:|
|• less than 10 linear ft and/or
• less than 48 square ft
|10 days for demolition||$0||$50|
|• 10 - 259 linear ft and/or
48 - 159 square ft
|prior written notification for asbestos||$50|
|10 days for demolition||$50|
|• 260 - 999 linear ft and/or
160 - 4,999 square ft
|• 1,000 + linear ft and/or
5,000 + square ft
|Emergency - 4.03(c)*||prior written notification||applicable fees + $50|
|Amendment - 4.03(b)||prior written notification||applicable fees + $25|
|Annual Notice of Intent - 4.03 (a)(8)||prior written notification||$1,000|
*Single-family residences are exempt from the emergency fee.
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