WSR 09-13-028




[ Filed June 8, 2009, 2:46 p.m. ]

Original Notice.

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

Title of Rule and Other Identifying Information: SRCAA Regulation I, Article IX -- Asbestos Control Standards: Section 9.02 Definitions, Section 9.03 Asbestos Survey Requirements, Section 9.04 Notification Requirements, Section 9.07 Procedures for Nonfriable Asbestos-Containing Roofing Material, Section 9.08 Alternate Means of Compliance, Section 9.09 Disposal of Asbetos [Asbestos]-Containing Waste Material, and Section 9.10 Compliance with Other Rules; SRCAA Regulation I, Article X, Section 10.09 -- Asbestos Project and Demolition Notification Waiting Period and Fees.

Hearing Location(s): Spokane Regional Clean Air Agency, 3104 East Augusta Avenue, Spokane, WA 99207, on August 6, 2009, at 9:00 a.m.

Date of Intended Adoption: August 6, 2009.

Submit Written Comments to: Matt Holmquist, 3104 East Augusta Avenue, Spokane, WA 99207, e-mail, fax (509) 477-6828, by 4:30 p.m. on August 4, 2009.

Assistance for Persons with Disabilities: Contact Barbara Nelson by 4:30 p.m. on July 30, 2009, (509) 477-4727.

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: Add "moving a facility" to the definition of demolition. Define "facility." When someone presumes a material is asbestos-containing material (ACM) and it's not associated with an asbestos survey, the person making the determination must include a description, approximate quantity, and location of presumed ACM. Clarify that the notification waiting period shall not begin for incomplete notifications. Clarify the section on multiple asbestos projects/demolitions. Require that asbestos removal contractors submit a notification prior to removing ten or more linear feet of ACM, or forty-eight or more square feet of ACM, from an owner-occupied, single-family residence. Add a provision that allows the control officer to temporarily waive notification fees if a state of emergency is declared by an authorized local, state, or federal governmental agency. Clarify what constitutes the last completion date on record for purposes of filing an amendment. Limit the number of structures that can be filed on a single notification to five. Allow nonfriable roofing removal under the exception for hazardous conditions. Make alternative means of compliance work plans available to landfill owners/operators.

Reasons Supporting Proposal: Asbestos is a known human carcinogen. The goal is to prevent and minimize asbestos fiber release in order to protect public health.

Statutory Authority for Adoption: RCW 70.94.141(1), 70.94.380(2).

Statute Being Implemented: Chapter 70.94 RCW and 42 U.S.C. 7401 et seq., 42 U.S.C. 7412.

Rule is not necessitated by federal law, federal or state court decision.

Name of Proponent: Spokane regional clean air agency (SRCAA), governmental.

Name of Agency Personnel Responsible for Drafting, Implementation and Enforcement: Matt Holmquist, SRCAA, 3104 East Augusta Avenue, Spokane, WA 99207, (509) 477-4727.

No small business economic impact statement has been prepared under chapter 19.85 RCW. This is a local clean air agency rule and as such, chapter 19.85 RCW does not apply.

A cost-benefit analysis is not required under RCW 34.05.328. This is a local agency rule and pursuant to RCW 70.94.141(1), RCW 34.05.328 does not apply to this rule.

June 8, 2009

Matt Holmquist

Compliance Administrator

Reviser's note: The material contained in this filing exceeded the page-count limitations of WAC 1-21-040 for appearance in this issue of the Register. It will appear in the 09-14 issue of the Register.

Washington State Code Reviser's Office