WSR 09-05-080

PROPOSED RULES

PUGET SOUND

CLEAN AIR AGENCY

[ Filed February 17, 2009, 12:40 p.m. ]

Original Notice.

Exempt from preproposal statement of inquiry under RCW 70.94.141(1).

Title of Rule and Other Identifying Information: Amend Regulation I, Section 8.08 (Fire Department Training Exercises).

Hearing Location(s): Puget Sound Clean Air Agency, 1904 3rd Avenue, Suite 105, Seattle, WA 98101, on March 26, 2009, at 9:15 a.m.

Date of Intended Adoption: March 26, 2009.

Submit Written Comments to: Lynn Sykes, Puget Sound Clean Air Agency, 1904 3rd Avenue, Suite 105, Seattle, WA 98101, e-mail lynns@pscleanair.org, fax (206) 343-7522, by March 25, 2009.

Assistance for Persons with Disabilities: Contact agency receptionist, (206) 689-4010, by March 19, 2009, TTY (800) 833-6388 or (800) 833-6385 (braille).

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: To update the asbestos provisions for fire department training. This proposal will require that the asbestos survey and the agency notification be kept on-site during the training exercises rather than be submitted to the agency.

Reasons Supporting Proposal: This proposal will align the asbestos provisions for fire department training with the asbestos provisions in the agency's current asbestos regulation (Regulation III, Article 4).

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: Rick Hess, 1904 3rd Avenue, Suite 105, Seattle, WA 98101, (206) 689-4029; Implementation and Enforcement: Jim Nolan, 1904 3rd Avenue, Suite 105, 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.

February 17, 2009

Dennis J. McLerran

Executive Director

AMENDATORY SECTION

REGULATION I: SECTION 8.08 FIRE DEPARTMENT TRAINING EXERCISES


(a) Applicability. This section applies to structural fires set by fire departments, fire marshals, vocational schools, or fire districts for training fire fighters under realistic conditions.

(b) General Requirements. Fire departments, fire marshals, vocational schools, or fire districts may conduct structural fire training provided all of the following requirements are met:

(1) The fire training shall not occur during any stage of an air pollution episode or period of impaired air quality;

(2) ((Before the training begins, the fire department, fire marshal, vocational school, or fire district conducting the training fire must have submitted to the Agency a copy of the asbestos survey for the structure, and a completed Agency Asbestos/Demolition Notification form indicating all asbestos has been removed from the structure prior to training;)) All asbestos shall be removed from the structure prior to demolition/training and copies of the asbestos AHERA survey and Agency notification shall be kept on-site during the demolition/training exercise;

(3) The fire department, fire marshal, vocational school, or fire district conducting the fire training must have a fire-training plan available to the Agency upon request, and the purpose of the structural fire must be to train fire fighters;

(4) Composition roofing, asphalt roofing shingles, asphalt siding materials, miscellaneous debris from inside the structure, carpet, linoleum, and floor tile must not be burned. These materials must be lawfully removed from the structure and disposed of in a lawful manner prior to the training exercise;

(5) Nuisance complaints or citizen inquiries relating to any training fire shall be resolved by the fire departments, fire marshals, vocational schools, or fire districts conducting the training fire; and

(6) The fire departments, fire marshals, vocational schools, or fire districts conducting the training fire shall obtain any permits, licenses, or other approvals required by any entity for such training fires. All permits, licenses, and approvals must be kept on-site and available for inspection.

Washington State Code Reviser's Office