16-15-066

WSR 16-15-066

PROPOSED RULES

OLYMPIC REGION

CLEAN AIR AGENCY

[Filed July 18, 2016, 2:59 p.m.]

Original Notice.

Proposal is exempt under RCW 34.05.310(4) or 34.05.330(1).

Title of Rule and Other Identifying Information: Olympic Region Clean Air Agency (ORCAA) Regulations, Regulation 6 - Required Permits, Rule 6.3 Asbestos.

Hearing Location(s): ORCAA, 2940 Limited Lane N.W., Olympia, WA 98502, on September 14, 2016, at 10:00 a.m.

Date of Intended Adoption: September 14, 2016.

Submit Written Comments to: Robert Moody, 2940 Limited Lane N.W., Olympia, WA 98502, e-mail [e-mail], fax [phone], by September 9, 2016.

Assistance for Persons with Disabilities: Contact Dan Nelson by September 2, 2016, [phone].

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: ORCAA is proposing to revise the entire Asbestos Rule 6.3. This revision will better align our rule with rules of other state and local agencies. This will ease some of the frustration of companies that operate within differing jurisdictions. Significant changes include moving from a permit system to a notification system; the notification period will be ten days for most asbestos projects; change the size of an asbestos project to forty-eight square feet to align with other agencies; require an asbestos survey for all structures being demolished that are greater than one hundred twenty square feet; and, renovations would require an asbestos survey when the surface area is forty-eight square feet or more.

Reasons Supporting Proposal: The asbestos abatement contractors have expressed concern of differing requirements in different jurisdictions.

Statutory Authority for Adoption: Chapter 70.94 RCW.

Statute Being Implemented: Chapter 70.94 RCW.

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

Name of Proponent: ORCAA, governmental.

Name of Agency Personnel Responsible for Drafting: Robert Moody, 2940 Limited Lane N.W., Olympia, [phone]; Implementation and Enforcement: Francea L. McNair, 2940 Limited Lane N.W., Olympia, [phone].

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, and the agency is not a school district.

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.

July 18, 2016

Francea L. McNair

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 16-16 issue of the Register.