WSR 10-11-005




[ Filed May 6, 2010, 1:58 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, Section 9.02 -- Definitions, SRCAA Regulation I, Article IX, Section 9.03 -- Asbestos Survey Requirements, SRCAA Regulation I, Article IX, Section 9.04 -- Notification Requirements, SRCAA Regulation I, Article IX, Section 9.06 -- Procedures for Asbestos Projects, SRCAA Regulation I, Article IX, Section 9.08 -- Alternate Means of Compliance, SRCAA Regulation I, Article IX, Section 9.09 -- Disposal of Asbestos-Containing Waste Material, and 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 5, 2010, at 9:30 a.m.

Date of Intended Adoption: August 5, 2010.

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 July 6, 2010.

Assistance for Persons with Disabilities: Contact Barbara Nelson by 4:30 p.m. on July 30, 2010, (509) 477-4727.

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: Clarify that asbestos surveys need to identify the location of asbestos-containing material within a structure, on a structure, from a structure, or otherwise associated with the project; clarify that a copy of the asbestos survey must be provided to Spokane regional clean air agency (SRCAA), if requested; remove reference to faxed notifications and corresponding prepayment accounts since owners and contractors can file notifications on-line and pay with a credit card; clarify that the fee waiver for demolition by structural fire training also applies when the notification lists both asbestos removal and demolition; add a provision which allows owners or contractors to file annual notifications; add a provision which allows notifications to be amended after the asbestos removal completion date on record; revise the regulation so that one person doesn't have to have multiple credentials to prepare an alternate work plan when standard asbestos removal methods can't be used; when extenuating circumstances exist, allow the agency to accept emergency notifications one working day after the emergency work commenced; change "shall" to "may" regarding the board amending the fee schedule to more accurately recover program costs; and include an additional incremental fee for incrementally larger abatement projects. The anticipated effect is industry-wide uniformity in how asbestos is identified, removed, and disposed of.

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.

Agency Comments or Recommendations, if any, as to Statutory Language, Implementation, Enforcement, and Fiscal Matters: SRCAA is responsible for implementing federal laws regarding the renovation and demolition of buildings that may contain asbestos. Because there is no known safe level of exposure to asbestos and because each exposure to asbestos increases a person's risk of acquiring asbestos related diseases, SRCAA administers an asbestos program under Regulation I, Article IX and Section 10.09 as a reasonable approach to controlling asbestos emissions primarily resulting from asbestos projects, renovation projects, and demolition activities.

Name of Proponent: 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.

May 6, 2010

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 10-12 issue of the Register.

Washington State Code Reviser's Office