WSR 08-17-075

PERMANENT RULES

OLYMPIC REGION

CLEAN AIR AGENCY

[ Filed August 19, 2008, 11:49 a.m. , effective September 19, 2008 ]


Effective Date of Rule: Thirty-one days after filing.

Purpose: The asbestos rules and associated fees have not changed since 1993. Changes in the asbestos rule will clarify several aspects of the program. The requirements will be less restrictive of residential projects. Changes in the fees will better cover the program expenses.

Citation of Existing Rules Affected by this Order: Amending Olympic Region Clean Air Agency Regulations, Rules 6.3 Asbestos and 3.5 Asbestos Fees.

Statutory Authority for Adoption: Chapter 70.94 RCW.

Adopted under notice filed as WSR 08-13-088 on June 17, 2008.

Changes Other than Editing from Proposed to Adopted Version: The definition of an "asbestos project" was changed. The following sentence was added: "This term does not include the removal of less than 10 linear feet or 11 square feet of asbestos containing material." The fee category for those projects was deleted as a part of this rule revision. This change was necessary to clarify that a permit was not required for that category.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 0, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: August 13, 2008.

Richard A. Stedman

Executive Director

AMENDED SECTION

RULE 3.5 ASBESTOS FEES


Any ((application)) 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 the Control Officer, or designee, and accompanied by the appropriate, nonrefundable fee. The ((advance notification period and)) appropriate fee shall be determined by Table 3.5a.


Table 3.5a Asbestos ((Notification Period)) and Demolition Fees


((Project Type)) Category ((Amount of material)) Type of Project ((Advanced Notification Period)) Application Fee ((Forms Required))
DEMOLITION PROJECTS
Demolition

((All)) Residential ((10 working days)) $((2))35.00 ((1-Application to perform a demolition

2-Certification that no known asbestos is present))

Demolition Commercial $60.00
Emergency

Demolition

All projects that normally require a 10 working day notification period $50.00 plus normal notification fee

Category Amount of material Application Fee
ASBESTOS PROJECTS
Asbestos ((Project)) removed by owner of owner occupied residence ((Residential (owner occupied))) All ((Prior notification required)) $((25))30.00 ((Application to perform an asbestos project))
((Asbestos Project)) ((<10 linear ft

<11 square ft))

((Prior notification required)) (($25.00)) ((Application to perform an asbestos project))
1 - Asbestos Project 10-259 linear ft

11-159 square ft

((10 working days)) $1((0))50.00 ((Application to perform an asbestos project))
2 - Asbestos Project 260-999 linear ft

160-4,999 square ft

((10 working days)) $325((0)).00 ((Application to perform asbestos project))
3 - Asbestos Project 1,000-9,999 linear ft

5,000-49,999 square ft

((10 working days)) $650((0)).00 ((Application to perform asbestos project))
4 - Asbestos Project 10,000 + linear ft

50,000 + square ft

((10 working days)) $1,((0))300.00 ((Application to perform an asbestos project))
Annual Asbestos Project Yearly limit of 260 linear ft on pipes

160 square ft other components

((Prior notification required)) $500.00 ((Application to perform annually))
Amendments All projects ((Prior notification required)) 1st and 2nd amendment at no charge $25.00 charge for 3rd and ((amendment & after)) subsequent amendments ((Amended copy of approved application))
Emergency All projects that normally require a 10 working day notification period ((Prior notification required)) $50.00 plus normal notification fee ((Emergency waiver request letter submitted by property owner.))

AMENDED SECTION

RULE 6.3 ASBESTOS


The Board of Directors of the Olympic Region Clean Air Agency has found that the use, production, and emission of air contaminants into the atmosphere in the ORCAA region poses a threat to the public health, safety, and welfare of the citizens of the region and causes degradation of the environment. Therefore the Board, in order to control the emission of toxic air pollutants and to provide uniform enforcement of air pollution control in its jurisdiction and to carry out the mandates and purposes of the Washington Clean Air Act, the Federal Clean Air Act, and the National Emission Standards for Hazardous Air Pollutants (NESHAPS) (40 CFR Part 61), declares the necessity of the adoption of these rules pertaining to air contaminants.

Rule 6.3.1 Definitions


When used in this Rule the following definitions shall apply:

"Adequately Wet" means sufficiently mixed, saturated, penetrated, or coated with a continuous fine mist of water or an aqueous solution to prevent visible emissions.

"AHERA Building Inspector" means a person who has successfully completed the training requirements for a building inspector established by EPA Asbestos Model Accreditation Plan: Interim Final Rule (40 CFR Part 763, Appendix C to Subpart E.I.B.3) and whose certification is current.

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

"Asbestos Containing Material (ACM)" means any material containing at least 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. Asbestos containing waste material includes asbestos containing material that has been disturbed or deteriorated in a way that is no longer an integral part of the structure or component, asbestos waste from control equipment, materials used to enclose the work area during an asbestos project, asbestos containing material collected for disposal, asbestos contaminated waste, debris, containers, bags, protective clothing, or HEPA filters. Asbestos containing waste material does not include samples of asbestos containing material taken for testing or enforcement purposes. This term does not include asbestos containing roofing material, regardless of asbestos content, when all of 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 the 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.

"Asbestos Encapsulation" means the application of an encapsulant to the asbestos materials to control the release of asbestos fibers into the air.

"Asbestos Project" means the disturbance, destruction, salvage, or disposal of any asbestos material. ((construction, demolition, repair, remodeling, maintenance, 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.)) 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 or asbestos containing waste material. This term does not include the removal of less than 10 linear feet or 11 square feet of asbestos containing material. Nor ((It)) does ((not)) it include the application of duct tape, rewettable glass cloth, canvas, cement, paint, or other nonasbestos materials to seal or fill exposed areas where asbestos fibers may be released.

"Asbestos Survey" means an inspection using the procedures contained in 40 CFR 763.86 and 40 CFR 763.87, or an alternate method that has received prior written approval from the Control Officer, or designee, to determine whether materials or structures to be worked on, removed, disturbed, or demolished, contain asbestos. In residential dwellings, asbestos samples may be taken by the resident owner of the dwelling.

"Certified Asbestos Worker/Supervisor" means a person who is certified as required by the Washington State Department of Labor and Industries under WAC 296-65-010, WAC 296-65-012, and WAC 296-65-030 to undertake an asbestos project or, for federal employees working in a federal facility, trained in an equally effective program approved by the United Stated Environmental Protection Agency.

"Collected for Disposal" means asbestos containing material properly sealed in a leak tight, labeled container while adequately wet.

"Component" means any equipment, pipe, structural member, or other item covered, coated, or manufactured from asbestos containing material.

"Controlled Area" means an area to which only certified asbestos workers, or other persons authorized by the Washington Industrial Safety and Health Act, have access. For residential dwellings, the controlled area is the interior of the dwelling, garage, or fenced area that is secured, and where warning signs are posted accordingly.

"Demolition" means the wrecking, dismantling, fire department training, or removal of any load supporting structural member that makes that portion of the structure unusable. ((on, or burning of, any building, vessel, structure, or portion thereof. For residential 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 it as permanently uninhabitable, that portion of the building being demolished.)) Dismantling an owner occupied residential dwelling, or portion thereof, by hand does not constitute a demolition.

"Emergency ((Renovation Operation))" means a renovation operation that was not planned but results from a sudden, unexpected event that, if not immediately attended to, presents a safety or public health hazard, is necessary to protect equipment from damage, or is necessary to avoid imposing an unreasonable financial burden. This term includes operations necessitated by nonroutine failures of equipment.

"Facility" means any institutional, commercial, public, industrial, or residential structure, installation, building, (including any building containing condominiums or individual dwelling units operated as a residential cooperative) any vessel; ship; and any active or inactive waste disposal site. For purposes of this definition, any building, structure, or installation that contains a loft used as a dwelling, is not considered a residential structure, installation, or building. Any structure, installation or building that was previously subject to this subpart is not excluded, regardless of its current use of function.

"Fugitive Source" means any sources of emissions not controlled by an air pollution control device.

"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 99.97% efficiency.

"Leak Tight Container" means a dust 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.

"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).

"Owner or Operator" means any person who owns, leases, operates, controls, or is responsible for activities at an asbestos project site, or an asbestos project operation, or both.

"Owner Occupied Residential Dwelling" means any ((nonmultiple unit building containing space for uses such as living, sleeping, preparation of food, and eating that is owned, used, occupied, or intended or designed to be occupied by one family as their domicile.)) single family housing unit which is permanently or seasonally occupied by the owner of the unit both prior to and after renovation or demolition. This term includes houses, mobile homes, trailers, houseboats, and houses with a 'mother-in-law apartment' or 'guest rooms.' This term does not include structures that are to be demolished or renovated as part of a commercial or public project. Nor does this term include any mixed-use building, structure, or installation that contains a residential unit, or any building that is leased, ((or)) used as a rental((.)), or for commercial purposes.

"Renovation" means the altering of a structure in a way that removes structural supports and/or other framing, but does not render the building uninhabitable.

"Visible Asbestos Emissions" means any asbestos containing materials that are visually detectable without the aid of instruments. ((This term does not include condensed uncombined water vapor.))

"Waste Generator" means any owner or operator of a source whose act or process produces asbestos containing waste material.

"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.

"Work Day" means Monday through Friday and includes holidays that fall on any of the days Monday through Friday.

Rule 6.3.2 Notification Requirement ((and Fees))


(a) Application Requirements - Applicability. It shall be unlawful for any person to cause or allow work on an asbestos ((project)) or demolition project unless the owner or operator has obtained written approval from the Control Officer, or designee, as follows:

(1) A written "((Application to Perform an Asbestos Project)) Asbestos Permit" or a((n))"((Application to Perform 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 ((application)) permit for asbestos removal and/or demolition shall be accompanied by the appropriate ((application)) fee, found in Table 3.5(a) ((and a certification that an asbestos survey has been conducted)).

(3) The written ((application)) 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 date ((and shall have a starting and completion date that is commensurate with the amount of work involved)).

(5) A copy of the approved ((application)) permit and asbestos survey and all subsequent amendments shall be available for inspection at the asbestos project or demolition site.

(6) ((Upon completion of an asbestos project or demolition, a written "Notice of Completion" shall be filed with the Control Officer.))

(7) Submission of an "((Application to Perform an)) Asbestos ((Project)) Permit" shall be prima facie evidence that the asbestos project involves asbestos containing material.

(8) ((Application)) 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 ((all have)) 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; ((The asbestos project specifications regarding location and dates are provided in detail;)) and

(iv) ((All asbestos projects are bid as a group under the same contract.)) The project specifications regarding location and dates are provided in detail in the form of a work plan. The work plan submitted must include:

1. a map of the structures involved in the project;

2. the site address for each structure;

3. the amount and type of asbestos containing material in each structure (for structures with ACM);

4. the schedule for performing asbestos project and demolition work;

5. a copy of the asbestos survey for all structures that do not contain asbestos containing materials; and

6. any other information requested.

(b) ((Application)) Permit Requirements - Advance Notification Period ((and Fee)). Any ((application)) 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 ((advance notification period and)) appropriate fee shall be determined by Table 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 ((Applications)) Permits. In addition to the ((application)) 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 ((application)) 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 ((Application)) Permit - Restrictions.

(i) The annual written ((application)) 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 ((application)) 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 ((application)) 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 ((application)) 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 ((application)) 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 ((Authority's)) Agency's jurisdiction.

(2) Annual ((Application)) Permit - Reporting Requirements and Fees. Annual written ((applications)) 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 ((Application)) Permit - Quarterly Reporting Requirements. In addition to the written annual ((application)) 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) ((Application)) Permit Requirements Amendments. It shall be unlawful for any person to cause or allow any deviation from information contained in a written ((application)) permit unless an amended ((application)) permit has been received and approved by the Control Officer, or designee. Amended ((application)) 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 ((starting)) submission date. ((The commencement date of the original advance notification period shall apply with no additional waiting period required for amended applications filed in accordance with Rule 6.3.2(d) and approved by the Control Officer. If an amended application results in a job size category that requires a waiting period as specified in Rule 3.5 and the original application did not required a waiting period, the advance notification period shall commence on the approval date of the original application;)) 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 ((Authority's)) Agency's jurisdiction; and

(5) ((Method of removal or compliance procedures, provided the revised plan meets the asbestos emission control and disposal requirements of Rule 6.3.3 and 6.3.4;

(6) 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))

(7) 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 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 ((3.5)) 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:

(1) 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 ((application)) 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((, and county));

(ii) The complete street address or location of the asbestos project site, including the city((,)) and zip code((, and county));

(iii) A description of the sudden and unexpected event including the date ((and hour that)) the emergency occurred; and

(iv) An explanation of how the sudden and unexpected even has caused an emergency condition.

(2) 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 ((applications)) 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((, and county));

(ii) The complete street address or location of the demolition site, including the city((,)) and zip code((, and county));

(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.

Rule 6.3.3 Procedures for Asbestos Emission Control


(a) Asbestos Project - Requirements. It shall be unlawful for any person to cause or allow work on an asbestos project unless ((an asbestos survey has been conducted and)) the following procedures are employed:

(1) Any work on an asbestos project shall be performed by certified asbestos workers under the direct, onsite supervision of a certified asbestos supervisor. This certification requirement shall not apply to ((certain limited)) asbestos projects conducted in an owner-occupied, single family residence performed by the resident owner of the dwelling in accordance with Rule 6.3.3(b) ((for residential dwellings)).

(2) 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, including occasions when asbestos abatement is not actively occurring (e.g., when workers are on break or temporarily off-site.)

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

(4) 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; and

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

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

(iv) 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) Transported to the 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.

(5) The exterior of each leak-tight container shall be free of all asbestos residue and shall be permanently labeled with an asbestos warning sign as specified by the Washington State Department of Labor and Industries or the federal Occupational Safety and Health Administration.

(6) No visible emissions shall result from an asbestos project.

(7) Mechanical assemblies or components covered, coated, or manufactured from asbestos containing material, removed as a unit or in sections, shall be contained in a leak tight wrapping after wetting and labeled in accordance with Rule 6.3.4 (a)(1)(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 components 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 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; and

(C) The components are labeled in accordance with Rule 6.3.4 (a)(1)(iii).

(8) 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.

(9) 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 exhibit no visible emissions.

(10) It shall be unlawful for any person to create or allow a condition that results in the disturbance, or likely disturbance, of asbestos containing material (e.g., not removing all asbestos containing material in a structure scheduled for demolition or partially removing asbestos containing material and leaving remaining asbestos containing material in a state that makes it more susceptible to being disturbed, or leaving it on the ground, outside and open to the environment.

(b) Asbestos Project - Exemptions for Residential Dwellings. The requirements of 6.3.3 (a)(1) ((shall not apply to asbestos projects conducted in a residential dwelling by the resident owner of the dwelling, except that the requirements of 6.3.3 (a)(1))) shall not apply to the removal of asbestos on furnace interiors and direct applied mudded asbestos insulation on hot water heating systems((, which may not be removed by the resident owner)). This work must be done by asbestos certified individuals in accordance with Washington State Labor and Industries or Occupational Safety Health Administration standards.

(c) Renovation - Requirements. It shall be unlawful for any person to cause of allow any renovation unless prior to renovation, the property owner or the owner's agent obtains an asbestos survey, or can otherwise competently declare the material being removed as not containing asbestos and file appropriate permits.

(d) Demolition - Requirements. It shall be unlawful for any person to cause or allow the demolition of any building, vessel, structure, or portion thereof, unless all asbestos containing materials have been removed from the area to be demolished. It shall be unlawful for any person to cause or allow any demolition that would disturb asbestos containing material or prevent access to the asbestos containing material for removal and disposal.

(e) Demolition - Asbestos Removal Exemptions. Asbestos containing material need not be removed before the demolition of any building, vessel, structure, or portion thereof if:

(1) The asbestos containing material is on a component that is encased in concrete or other material determined by the Control Officer, or designee, to be equally effective in controlling asbestos emissions. In this case, the ((application)) permit requirements of Rule 6.3.2 shall apply and these materials shall be kept adequately wet whenever exposed during demolition until disposed of in accordance with Rule 6.3.4 (a)(2); or

(2) The asbestos containing material could not be removed prior to demolition because it ((was)) is not accessible until after demolition ((began)) begins. In this case, the ((application)) permit requirements of Rule 6.3.2 shall apply and the exposed asbestos containing material and asbestos contaminated debris shall be kept adequately wet at all times until disposed of in accordance with Rule 6.3.4 (a)(2); or

(3) The material was not accessible for removal because of hazardous conditions. Such conditions may include environments that are contaminated by toxic substances, structures or buildings that are structurally unsound and in danger of imminent collapse, or other conditions that are immediately dangerous to life and health. Under such conditions, the facility owner or operator may submit a signed written request for conditional approval by the Control Officer, or designee, to waive the requirements of Rule 6.3.3(c). In this case, the ((application)) permit requirements of Rule 6.3.2 shall apply and the exposed asbestos containing material and asbestos contaminated debris shall be kept adequately wet at all times until disposed of in accordance with Rule 6.3.4 (a)(2). Evidence of the hazardous condition, as documented by a state or local government agency, or other competent person, shall accompany the written request in addition to the ((application)) permit and appropriate fee as required by Rule 6.3.2. The request for exemption from Rule 6.3.3(c) shall include, at the minimum:

(i) The complete name, mailing address, and telephone number of the owner or operator of the facility, including the city((,)) and zip code((, and county))

(ii) The complete street address or location of the demolition site, including the city((,)) and zip code((, and county));

(iii) The name, title, and authority of the ((state or local government representative)) person who has determined the hazardous condition;

(iv) A description of the hazardous condition that prevents the removal of asbestos containing material prior to demolition, including the amount, type, and specific location(s) within the structure of such materials; and

(v) The procedures that will be used to prevent the release of asbestos fibers into the ambient air.

(f) Alternative Control Measures. The owner or operator of an asbestos project may submit a signed written request to use an alternative control measure that is equally effective in controlling asbestos emissions, for ((conditionally)) ((approved)) approval by the Control Officer, or designee. The written request shall include, at a minimum:

(1) The complete name, mailing address, and telephone number of the owner or operator of the asbestos project, including the city and zip code;

(2) The complete street address or location of the site, including the city((,)) and zip code((, and the county));

(3) A description of the material, including the type and percentage of asbestos in the material, total amount of material involved, and the specific location(s) of the material on the site; and

(4) The reason why an alternative control measure is required and a description of the proposed alternative control measure to be employed, including the procedures that will be used to prevent the release of asbestos fibers into the ambient air.

Rule 6.3.4 Disposal of Asbestos Containing Waste Material


(a) Disposal Requirements. It shall be unlawful for any person to cause or allow work on an asbestos project unless the following procedures are employed during the collection, processing, packaging, transporting, or deposition of any asbestos containing material:

(1) 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 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 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, and the location at which the waste was generated;

(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 rule.

(2) All asbestos containing waste material shall be deposited within ten (10) calendar days after collection for disposal at a waste disposal site operated in accordance with the provisions of 40 CFR 61.154 or 40 CFR 61.155 and approved by the appropriate ((health)) city or county department ((with jurisdiction)). The requirement is modified by Rule 6.3.2(c) for asbestos containing waste material from asbestos projects conducted under annual ((applications)) permit.

(3) All asbestos containing waste materials, handled as dangerous waste in accordance with chapter 173-303 WAC, shall be excluded from the requirements of Rule 6.3.4 (a)(1) and 6.3.4 (a)(2).

(b) Alternative Storage Method - Asbestos Storage Facility. The owner or operator of a licensed asbestos abatement company or disposal facility may apply to the Control Officer, or designee, to establish a facility for the purpose of collecting and temporarily storing asbestos containing waste material.

(1) It is unlawful to cause or allow the operation of a temporary asbestos storage facility without the prior written approval of the Control Officer, or designee.

(2) The owner or operator must request authorization ((submit a complete application)) for an asbestos storage facility. When approved, ((an)) the ((Asbestos Storage Facility)) Authorization will be returned and ((to be posted at the entrance to)) be available at the facility.

(3) An asbestos storage facility shall meet the following general conditions:

(i) Asbestos containing waste material must be stored in a container with a single piece liner at least 6 mil in thickness; and

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

(iii) The container and enclosure must be locked except during transfer of asbestos containing waste material and have asbestos warning signs posted on the container; ((and))

(iv) Storage, transportation, disposal, and return of the waste shipment record to the waste generator will not exceed the 45 day requirement of 40 CFR Part 61.150((.)); and

(v) A copy of all waste shipment records shall be retained for at least 2 years, including a copy of the waste shipment record signed by the owner or operator of the designated waste disposal site. A copy of the waste shipment records shall be provided to the Agency upon request.

(c) 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 Rule 6.3.4 (a)(2) if the following conditions are met:

(1) ((Any a)) Asbestos cement ((water)) pipe ((greater than one (1) linear foot in size)) may be buried in place ((on public right of ways or public easements) if the pipe is left intact (e.g., not moved, broken or disturbed) and covered with at least three (3) feet or more of non-asbestos fill material and the state, county or city authorities ((be)) are notified in writing of buried asbestos cement pipe; and

(2) 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 Rule 6.3.

Rule 6.3.5 Controlled and Regulated Substances


(a) No person shall cause or allow visual asbestos emissions, including emissions from asbestos waste materials

(1) On public or private lands, on developed or undeveloped properties and on any open uncontrolled and non-designated disposal sites;

(2) ((No visual emissions to the outside air d))During the collection, processing, handling, packaging, transporting, storage and disposal of any asbestos containing waste material; or

(3) From any fugitive source.

(4) ((Vinyl asbestos tile (VAT) shall be subject to the requirements of Rule 6.3.))

Reviser's note: The typographical errors in the above material occurred in the copy filed by the Olympic Region Clean Air Authority and appear in the Register pursuant to the requirements of RCW 34.08.040.

Reviser's note: RCW 34.05.395 requires the use of underlining and deletion marks to indicate amendments to existing rules. The rule published above varies from its predecessor in certain respects not indicated by the use of these markings.

Washington State Code Reviser's Office