Washington Administrative Code › Title - Northwest Clean Air Agency › 500 - REGULATED ACTIVITIES AND PROHIBITIONS › Sec2 570 - ASBESTOS CONTROL STANDARDS

Current through Register Vol. 24-14, July 15, 2024
570.1 The Board of
			 Directors of the Northwest Clean Air Agency recognize that asbestos is a
			 serious health hazard. Any asbestos fibers released into the air can be inhaled
			 and can cause lung cancer, pleural mesothelioma, peritoneal mesothelioma or
			 asbestosis. The Board has, therefore, determined that any asbestos emitted to
			 the ambient air is air pollution. Because of the seriousness of the health
			 hazard, the Board of Directors has adopted this regulation to control asbestos
			 emissions from asbestos removal projects in order to protect the public health.
			 In addition, the Board has adopted these regulations to coordinate with the EPA
			 asbestos NESHAP, the OSHA asbestos regulation, the Washington Department of
			 Labor and Industries asbestos regulations, the Washington Department of Ecology
			 Dangerous Waste regulation, and the solid waste regulations of Island, Skagit
			 and Whatcom Counties.
570.2
			 DEFINITIONS
AHERA BUILDING INSPECTOR
- A person
				who has successfully completed the training requirements for a building
				inspector established by EPA Asbestos Model Accreditation Plan (40 CFR Part
				763, Appendix C to Subpart E, I.B.3) and whose certification is current.
AHERA PROJECT DESIGNER
- A person who
				has successfully completed the training requirements for an abatement project
				designer established by EPA regulations (40 CFR 763.90(g)) and whose
				certification is current.
ASBESTOS
- The asbestiform varieties
				of actinolite, amosite (cummingtonite-grunerite), tremolite, chrysotile
				(serpentinite), crocidolite (riebeckite), or anthophyllite.
ASBESTOS-CONTAINING MATERIAL
- Any
				material containing more than one percent asbestos as determined using the
				method specified in EPA regulations Appendix A, Subpart F,  40 CFR Part 763, Section l, Polarized Light Microscopy.
ASBESTOS-CONTAINING WASTE MATERIAL
-
				Any waste that contains or is contaminated with asbestos-containing material.
				Asbestos-containing waste material includes asbestos waste from control
				equipment, materials used to enclose the work area during an asbestos project,
				asbestos-containing material collected for disposal, asbestos-contaminated
				waste, debris, containers, bags, protective clothing, or HEPA filters.
				Asbestos-containing waste material does not include samples of
				asbestos-containing material taken for testing or enforcement purposes.
ASBESTOS PROJECT
- Any activity
				involving the abatement, renovation, demolition, removal, salvage, clean up, or
				disposal of asbestos-containing material, or any other action that disturbs or
				is likely to disturb any asbestos-containing material. It includes the removal
				and disposal of stored asbestos-containing material or asbestos-containing
				waste material. It does not include the application of duct tape, rewettable
				glass cloth, canvas, cement, paint, or other non-asbestos materials to seal or
				fill exposed areas where asbestos fibers may be released.
ASBESTOS SURVEY
- A written report
				describing an inspection using the procedures contained in EPA regulations (40
				CFR 763.86), or an alternate method that has received prior written approval
				from the Control Officer, to determine whether materials or structures to be
				worked on, renovated, removed, or demolished (including materials on the
				outside of structures) contain asbestos.
COMPETENT PERSON
- A person who is
				capable of identifying asbestos hazards and selecting the appropriate asbestos
				control strategy, has the NWCAA to take prompt corrective measures to eliminate
				them, and has been trained and is currently certified in accordance with the
				standards established by the Washington State Department of Labor &
				Industries, the federal Occupational Safety & Health Administration, or the
				United States Environmental Protection Agency (whichever agency has
				jurisdiction).
COMPONENT
- Any equipment, pipe,
				structural member, or other item covered or coated with, or manufactured from,
				asbestos-containing material.
DEMOLITION
- Wrecking, razing,
				leveling, dismantling, or burning of a structure, making all or part of the
				structure permanently uninhabitable or unusable.
FRIABLE ASBESTOS-CONTAINING MATERIAL
-
				Asbestos-containing material that, when dry, can be crumbled, disintegrated, or
				reduced to powder by hand pressure or by the forces expected to act upon the
				material in the course of demolition, renovation, or disposal. Such materials
				include, but are not limited to, thermal system insulation, surfacing material,
				and cement asbestos products.
LEAK-TIGHT CONTAINER
- A dust-tight
				and liquid-tight container, at least 6-mil thick, that encloses
				asbestos-containing waste material and prevents solids or liquids from escaping
				or spilling out. Such containers may include sealed plastic bags, metal or
				fiber drums, and sealed polyethylene plastic.
NONFRIABLE ASBESTOS-CONTAINING
				MATERIAL
- Asbestos-containing material that, when dry, cannot be
				crumbled, disintegrated, or reduced to powder by hand pressure or by the forces
				expected to act on the material in the course of demolition, renovation, or
				disposal.
OWNER-OCCUPIED, SINGLE-FAMILY
				RESIDENCE
- Any non-multiple unit building containing space for
				uses such as living, sleeping, preparation of food, and eating that is
				currently used by one family who owns the property as their primary or seasonal
				residence. This term includes houses, mobile homes, trailers, detached garages,
				houseboats, and houses with a "mother-in-law apartment" or "guest room". This
				term does not include rental property or multiple-family units, nor does this
				term include any mixed-use building, structure, or installation that contains a
				residential unit.
PERSON
- Any individual, firm, public
				or private corporation, association, partnership, political subdivision,
				municipality, or government agency.
RENOVATION
- Altering a facility or a
				component in any way, except demolition.
SURFACING MATERIAL
- Material that is
				sprayed-on, troweled-on, or otherwise applied to surfaces including, but not
				limited to, acoustical plaster on ceilings, paints, fireproofing materials on
				structural members, or other materials on surfaces for decorative
				purposes.
SUSPECT ASBESTOS-CONTAINING MATERIAL
-
				Material that has historically contained asbestos including, but not limited
				to, surfacing material, thermal system insulation, roofing material, fire
				barriers, gaskets, flooring material, and siding.
THERMAL SYSTEM INSULATION
- Material
				applied to pipes, fittings, boilers, tanks, ducts, or other structural
				components to prevent heat loss or gain.
570.3 ASBESTOS SURVEY REQUIREMENTS
(A) Requirements for Renovations
It shall be unlawful for any person to cause or allow a
				renovation unless the property owner or the owner's agent determines whether
				there are suspect asbestos-containing materials in the work area and obtains an
				asbestos survey of any suspect asbestos-containing materials by an AHERA
				building inspector. An AHERA building inspector is not required for asbestos
				surveys associated with the renovation of an owner-occupied, single-family
				residence.
(1) If there are no suspect
			 materials in the work area, this determination shall either be posted at the
			 work site or communicated in writing to all contractors involved in the
			 renovation.
(2) It is not required
			 that an AHERA building inspector evaluate any material presumed to be
			 asbestos-containing material.
(3)
			 Except for renovations of an owner-occupied, single-family residence, only an
			 AHERA building inspector may determine that a suspect material does not contain
			 asbestos.
(4) A summary of the
			 results of the asbestos survey shall either be posted by the property owner or
			 the owner's agent at the work site or communicated in writing to all persons
			 who may come into contact with the material.