Alaska Administrative Code › Title 17 - Transportation and Public Facilities › Chapter 97 - Naturally Occurring Asbestos › 17 AAC 97.030 - Procedures for establishment of designated area

Current through May 31, 2024
(a) The
			 procedures for establishing a designated area at the request of a municipality
			 or person outside the limits of a municipality are as follows:
(1) if all or part of the proposed designated
			 area is within the limits of a municipality, the applicant must be the
			 municipality;
(2) if the proposed
			 designated area is inside the limits of a community and outside the limits of a
			 municipality, the community may apply;
(3) if the proposed designated area is
			 outside the limits of a community and outside the limits of a municipality, any
			 person may apply;
(4) the applicant
			 may request the establishment of a designated area by submitting an application
			 to the department containing
(A) a cover
			 letter addressed to the department's chief engineer requesting the
			 establishment of a designated area under
			 AS
			 44.42.400; if the applicant is a
			 municipality, the letter may be signed by the principal executive officer, an
			 elected official, or other authorized employee;
(B) a resolution from the governing elected
			 body of the municipality requesting the designation of the area under
			 AS
			 44.42.400(b), if any part of
			 the proposed designated area is within a municipality;
(C) a specific description of the proposed
			 boundaries of the designated area with documentation describing the rationale
			 for the proposed boundaries; the description must include mapping that depicts
			 the limits of the proposed designated area and the material sites evaluated
			 under (D) and (E) of this paragraph;
(D) reports of tests documenting the presence
			 of naturally occurring asbestos in gravel or other aggregate material in the
			 proposed designated area that, when tested using the bulk test method
			 prescribed in
			 17 AAC 97.020, is determined to
			 have a content equal to or greater than 0.25 percent of naturally occurring
			 asbestos; those test results must include information regarding sampling
			 protocols used to establish the presence of naturally occurring
			 asbestos;
(E) information related
			 to the availability of gravel or other aggregate material free from naturally
			 occurring asbestos in the proposed designated area; and
(F) information related to the project costs
			 associated with using naturally occurring asbestos;
(5) upon receipt of an application, the
			 department will not issue a determination until it has
(A) reviewed all information
			 submitted;
(B) analyzed the effect
			 of the presence of naturally occurring asbestos on construction projects in the
			 proposed designated area; and
(C)
			 solicited and considered public input;
(6) in addition to the information required
			 in (4) of this subsection, the department may request that additional
			 information or studies it determines relevant and necessary, to include
			 additional testing, sampling, or surveys, be provided in order to process the
			 application; the department will not pay for, conduct, or contract for any
			 testing required to process the application;
(7) the department will process the
			 application not later than 90 days after receipt of the complete application;
			 if the department needs additional time to process the application, the
			 department will issue a public notice to extend the 90 days;
(8) the department will issue a written
			 determination of approval or disapproval of the application; if the department
			 approves the application, the department will include in the approval a
			 specific description of the boundaries of the designated area; the department
			 will provide a copy of the written determination to the applicant;
(9) the department may wholly approve or
			 wholly disapprove an application; the department may revise the boundaries
			 proposed by the applicant of the area to be established as a designated
			 area;
(10) after approval of a
			 designated area, the department will notify potentially affected persons that
			 the area has been designated as an area where landowners and contractors may be
			 granted immunity under
			 AS
			 09.65.245(a) (immunity for
			 certain persons supplying or using gravel or other aggregate material;
			 limitations on asbestos-related actions against defendants) from a civil action
			 or claim for damages or costs;
(11)
			 an applicant may request at any time that the department withdraw a designated
			 area from designation; if all or part of the designated area is within a
			 municipality or community, the municipality or community must be the applicant
			 to withdraw; the department will solicit and consider public input for
			 withdrawal of the designated area from designation; if a designated area is
			 withdrawn from designation, immunity for projects with site-specific plans
			 previously approved by the department under
			 17 AAC 97.040 continues for those
			 projects as if the area remained a designated area for the purposes of
			 asserting immunity under
			 AS
			 09.65.245(a); to retain
			 immunity under
			 AS
			 09.65.245(a), the projects
			 must continue to be maintained following the monitoring and mitigation plan
			 approved under
			 17 AAC 97.040(h).