WSR 25-23-039
PROPOSED RULES
SOUTHWEST CLEAN
AIR AGENCY
[Filed November 13, 2025, 12:49 p.m.]
Original Notice.
Title of Rule and Other Identifying Information: Southwest Clean Air Agency (SWCAA) 476-020 Applicability, this is an existing rule section identifying activities to which the regulation is applicable.
SWCAA 476-025 Adoption of Federal Rules, this is a new rule section establishing an adoption by reference date for federal regulations cited in other sections of SWCAA 476.
SWCAA 476-030 Definitions, this is an existing section containing definitions for terms and words directly relevant to the regulation.
SWCAA 476-040 Asbestos Project Requirements, this is an existing section describing the requirements for asbestos projects.
SWCAA 476-050 Notification Requirements and Fees, this is an existing section containing notification requirements for asbestos projects and applicable fees.
SWCAA 476-060 Procedures for Asbestos Projects, this is an existing section describing required measures to control emissions from asbestos projects.
SWCAA 476-070 Disposal of Asbestos-Containing Waste Material, this is an existing section containing requirements for disposal and storage of asbestos containing waste material.
SWCAA 476-080 Demolition by Intentional Burning, this is an existing section containing requirements for any fire training exercise involving intentional burning of a structure as a method of demolition.
Hearing Location(s): On January 21, 2026, at 6:00 p.m., virtual online hearing. Contact SWCAA to register for online hearing.
Date of Intended Adoption: February 5, 2026.
Submit Written Comments to: Brian Fallon, 5101 N.E. 82nd Avenue, Suite 102, Vancouver, WA 98662, email brian@swcleanair.gov, by January 22, 2026.
Assistance for Persons with Disabilities: Contact Tina Hallock, phone 360-574-3058 ext. 110, email tina@swcleanair.gov, by January 14, 2026.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: SWCAA 476-020 Applicability, the proposed rule change makes grammatical corrections.
SWCAA 476-025 Adoption of Federal Rules, the proposed rule change creates a new rule section that provides an adoption by reference date for federal regulations cited in other sections of SWCAA 476.
SWCAA 476-030 Definitions, the proposed rule changes make grammatical corrections, modify the definitions of emergency asbestos project and owner occupied, and add a definition for owner's agent.
SWCAA 476-040 Asbestos Project Requirements, the proposed rule changes make grammatical corrections; clarify that only Asbestos Hazard Emergency Response Act accredited building inspectors may determine that a material is not a suspect asbestos containing material; and clarify that "all suspect asbestos containing materials, including materials on the outside of a structure, must [be] sampled or assumed to be ACM["]; and require that the results of an asbestos inspection must be communicated in writing to all persons who may come into contact with the material.
SWCAA 476-050 Notification Requirements and Fees, the proposed rule changes make grammatical corrections, clarify that a certified asbestos worker or owner occupant performing an asbestos project must be present at the project site during the dates and times specified on the notice of intent to remove asbestos, modify applicability of the annual notification threshold, move the definition of emergency to SWCAA 476-030, and clarify notification requirements for emergency projects occurring during nonbusiness hours.
SWCAA 476-060 Procedures for Asbestos Projects, the proposed rule changes make grammatical corrections, clarify who is allowed access to the controlled area of an asbestos project, and clarify provisions for exemptions due to hazardous conditions.
SWCAA 476-070 Disposal of Asbestos-Containing Waste Material, the proposed rule change revises rule language to prohibit asbestos cement pipe being crushed or broken and left in place.
SWCAA 476-080 Demolition by Intentional Burning, the proposed rule change makes a grammatical correction.
Reasons Supporting Proposal: The proposed changes are necessary to support SWCAA's implementation of its local asbestos program.
Rule is not necessitated by federal law, federal or state court decision.
Name of Proponent: SWCAA, governmental.
Name of Agency Personnel Responsible for Drafting: Brian Fallon, 5101 N.E. 82nd Avenue, Suite 102, Vancouver, WA 98662, 360-574-3058 ext. 138; Implementation: Clinton Lamoreaux, 5101 N.E. 82nd Avenue, Suite 102, Vancouver, WA 98662, 360-574-3058 ext. 131; and Enforcement: Bryan Smith, 5101 N.E. 82nd Avenue, Suite 102, Vancouver, WA 98662, 360-574-3058 ext. 122.
A school district fiscal impact statement is not required under RCW
28A.305.135.
A cost-benefit analysis is not required under RCW
34.05.328. Pursuant to RCW
70.94.141(1), section 201, chapter 403, Laws of 1995, does not apply to this rule adoption. SWCAA is not voluntarily invoking section 201, chapter 403, Laws of 1995, for this action.
This rule proposal, or portions of the proposal, is exempt from requirements of the Regulatory Fairness Act because the proposal:
Explanation of exemptions: Pursuant to RCW
70A.15.2040(1), air pollution control authorities are authorized to adopt and amend rules and regulations in accordance with chapter
42.30 RCW and selected portions of chapter
34.05 RCW. SWCAA is not deemed a state agency and is not required to comply with the provisions of chapter
19.85 RCW.
Scope of exemption for rule proposal:
Is fully exempt.
November 12, 2025
Uri Papish
Executive Director
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 25-24 issue of the Register.