Original Notice.

Preproposal statement of inquiry was filed as WSR 98-24-071.

Title of Rule: Chapter 296-62 WAC, Part I-1, Asbestos, tremolite, anthophyllite, and actinolite and chapter 296-65 WAC, Asbestos removal and encapsulation.

Purpose: The proposal incorporates new OSHA changes to the scope of the federal construction and shipyard standards, existing OSHA requirement, clarifies existing WISHA requirements and corrects errors.

Statutory Authority for Adoption: RCW 49.17.040, 49.17.050, 49.26.040, and 49.26.130.

Statute Being Implemented: Chapters 49.17 and 49.26 RCW.

Summary: Background: What are the asbestos rules? WISHA's asbestos rules are found in chapter 296-62 WAC, Part I-1, Asbestos, tremolite, anthophyllite, and actinolite and in chapter 296-65 WAC, Asbestos removal and encapsulation. In March of 1997, WISHA made comprehensive changes that consolidated OSHA's asbestos rules (29 CFR Parts 1910.1001, 1915.1001, and 1926.1101), EPA rules (40 CFR Part 763), and chapter 49.26 RCW.

Chapter 49.26 RCW, Health and safety--Asbestos, is a state law that applies to any asbestos project or asbestos abatement project as specified. This law covers:

• Inspections of construction projects;

• Containers used to store asbestos;

• Training certification for asbestos workers, supervisors and contractors;

• Prenotification of projects;

• Fees for issuing and renewing certificates;

• Administration of exams and review of training courses; and

• Enforcement and penalties.

Chapter 296-62 WAC, Part I-1 applies to all occupational exposures to asbestos in all industries covered by the Washington Industrial Safety and Health Act, chapter 49.17 RCW, construction work as defined in WAC 296-155-012, and ship repairing, shipbuilding and shipbreaking as defined in WAC 296-304-01001. The asbestos rules protect individuals working with asbestos against exposure that could lead to illness.

Why is WISHA proposing changes to the asbestos rules? On June 28, 1998, OSHA adopted an exemption in 29 CFR Parts 1915.1001, and 1926.1101 based on a Court of Appeals decision (Federal Register: Volume 63, pages 35137-35138 and Court of Appeals decision: Asbestos Information Association/North America v. Reich, 117 F.3d 891, 5th Circuit, 1997). The court eliminated requirements in the construction and shipyard standards regulating asbestos-containing roof cements, mastics and coatings. The court's decision did not affect OSHA's general industry asbestos standard (29 CFR Part 1910.1001) and that standard was not changed. WISHA's proposal includes the same exemptions that OSHA added to the federal construction and shipyard standards. The exemptions reduce the scope of chapter 296-62 WAC, Part I-1. The proposal also clarifies that asbestos-containing asphalt-coated asbestos roofing and similar built-up roofing materials are not covered by this exemption.

In addition to making the federal change, the proposal also makes numerous changes to clarify the existing requirements and corrects errors. For example, the certification training requirements found in WAC 296-62-07722 Employee information and training, are organized and written so that they are easier to understand. Provisions currently in the "asbestos project" definition were moved to WAC 296-62-07722, placing all of the requirements about training in one section and avoiding further confusion (see WAC 296-65-003).

Another example is found in WAC 296-65-020 Notification requirements, which include a more specific explanation of when amended notices must be filed with the department.

What is the anticipated effect of these changes? Adding the new federal change to WAC 296-62-07701 (2) and (3), exempting certain roofing materials in construction and shipyard workplaces, will reduce the scope of chapter 296-62 WAC, Part I-1. This reduces requirements for work involving specific types of asbestos-containing roof cements, mastics, and coatings. It does not change the current requirements for work involving asphalt-coated asbestos felting and similar built-up roofing. Adding the existing federal requirements about evaluating employee exposures to WAC 296-62-07712 (8)(d) will provide a safer workplace for affected workers. The other proposed state changes improve clarity of the rules, making it easier to understand and comply with the requirements. Complying with the requirements decreases the chance of illness resulting from exposure to asbestos.

STAKEHOLDERING: The department sent draft wording to approved asbestos training course sponsors for comment. This proposal includes changes to the draft wording based on the comments received from these stakeholders. For example:

• In WAC 296-62-07701 (2) and (3), we added clarifications explaining that asphalt-coated asbestos-containing felting and similar built-up roofing is not covered by the new OSHA exemptions.

• In WAC 296-62-07709(3), we corrected error in draft wording.

• In WAC 296-62-07712 (7)(f)(i)(C), we changed wording to reflect that worker should wear Tyvek disposable coveralls or equivalent and must use the appropriate HEPA respirator.

• In WAC 296-62-07722 (4)(a)(i), we changed current wording, explaining that additional training must supplement the first eight-hour training course.

• In WAC 296-62-07722 (3)(b), we added a reference to the asbestos certification program, describing who in the department approves Class II asbestos-cement water pipe work.

MAJOR CHANGES: Major changes in the asbestos rules include:

• Adding a new OSHA exemption to WAC 296-62-07701 (2) and (3), exempting asbestos-containing asphalt roofing coatings, cements, and mastics in construction and maritime workplaces. WISHA's proposal explains that asphalt-coated asbestos felting and similar built-up roofing are not covered by this exemption.

• Changing the wording of certification and training requirements in WAC 296-62-07722, making them easier to understand.

• Clarifying when amended notices must be filed in WAC 296-62-020: The proposal includes specific wording, which clarifies when employers must notify the department about asbestos work.

• Explaining what must happen if an individual does not pass an examination. In WAC 296-65-010 and 296-65-012, new wording describes how additional examinations must be given when an individual does not pass the first examination.

• Clarifying how friable relates to intact and disturbance: In the "intact" definition in WAC 296-62-07703, a new sentence describes how friable is used in the standard and how it relates to intact and disturbance.

• Moving exemptions to worker certification into WAC 296-62-07722: Exemptions for worker certification were moved from WAC 296-65-003 to 296-62-07722, placing the requirements in one section. Currently these exemptions are found in both WAC 296-65-003 and 296-62-07722. The proposal makes it easier to find, understand and comply with the worker certification requirements because they are placed in one section.

Proposed Changes throughout Amended Sections: Throughout the proposal, the following words were changed to help people unfamiliar with these rules or using rules for the first time, find what they [are] looking for, understand what they read and comply with the requirements. Changing these words makes no changes to the existing rules. Words changed:

• "Shall" to either "must" or "will" -- "must" reflects requirements for an employer or person outside of the department and "will" reflects those things that the department will do.

• "Pursuant" to "according."

Proposed Changes to Chapter 296-62 WAC:

WAC 296-62-07701 Scope and application.

• In subsection (1), a complete reference to chapter 49.17 RCW and a new reference to chapter 49.26 RCW is added. This standard includes provisions from both laws.

• In subsections (2) and (3), the proposal reduces requirements by exempting asbestos-containing asphalt roofing coatings, cements, and mastics in construction and maritime workplaces. WISHA adds clarifications explaining that asphalt-coated asbestos felting and similar built-up roofing are not covered by this exemption as covered by an OSHA interpretation.

WAC 296-62-07703 Definitions. The proposal:

• Adds a complete definition for "asbestos project."

• Adds "disturb" to the "disturbance" definition.

• Adds a description of how friable is used in the standard and how it relates to intact and disturbance.

WAC 296-62-07709 Exposure assessment and monitoring.

• In subsection (3)(b)(iv), requirement for monitoring outside negative pressure enclosures were moved from subsection (3)(b) to subsection (3)(c). Subsection (3)(b) covers negative pressure enclosures and subsection (3)(c) covers periodic monitoring. Moving this under the periodic monitoring places all of the monitoring requirements together.

• New wording clarifies pre-abatement monitoring in subsection (3)(f).

• Clearance monitoring moves from WAC 296-62-07712 (5)(c) to subsection (3)(g). New wording clarifies clearance air monitoring and that it must occur prior to the removal of an enclosure.

• New wording in subsection (4)(a) clarifies the type of monitoring required to evaluate employee exposure.

WAC 296-62-07712 Requirements for asbestos activities in construction and shipyard work.

• In subsection (5), adding the word "work" improves clarity of subsection (5)(a); new wording clarifies encapsulant requirements; and deleting requirements located in the air monitoring section eliminates redundant wording.

• In subsection (8)(a), removing the phrase "or otherwise capture or redirect such dust" eliminates confusion about the control methods for Class I work.

• In subsection (8)(d), adding an existing OSHA requirement found in 29 CFR 1926.1101 (g)(6)(ii)(B) makes WISHA's rule as effective as OSHA's rules. Adding a new requirement to evaluate employee exposure, based on sampling and analytical data during the worst-case conditions, provides the appropriate level of worker protection against exposure to asbestos.

• In subsection (13), removing the phrase "cements, mastics, coatings, or" makes WISHA's rules like OSHA's rule and makes this section consistent with the proposed changes to WAC 296-62-07701.

WAC 296-62-07713 Methods of compliance for asbestos activities in general industry. Changes to subsection (2) make the existing requirements easier to understand.

WAC 296-62-07721 Communication of hazards to employees.

• In subsection (2)(b)(ii)(B), changing "distributed" to "disturbed" corrects a typographical error.

• In subsection (6), changes better explain the use of "where feasible." The sentence reads "except where such a label would clearly not be feasible." Deciding whether or not labeling is feasible requires consideration on a case-by-case basis.

WAC 296-62-07722 Employee information and training. Changes to this section clarify the complex overlay of training and certification requirements for asbestos workers in state law and federal rules. Chapter 49.26 RCW, Washington state's asbestos certification law, which is based on the Environmental Protection Agency's (EPA) model accreditation plan (MAP), requires all persons working on an asbestos project to be certified. OSHA's rules found in 29 CFR Parts 1910.1001, 1915.1001, and 1926.1101 require training based on asbestos work classifications and whether the asbestos-containing materials are intact or disturbed.

Current wording in WAC 296-62-07722 describes asbestos work differently than how it is described in WAC 296-65-003. Exemptions for asbestos worker certification are currently located in the "asbestos project" definition in WAC 296-65-003 and in WAC 296-62-07722, creating confusion because of the complex relationship between the certification and training requirements. To avoid confusion, OSHA's use of "intact" and "disturbance" must be considered when comparing "asbestos project" to "asbestos work." Proposed changes to this section incorporate these different aspects and eliminate confusing differences in the current rules.

• The proposal splits subsection (1)(a), placing certified worker requirements in subsection (1)(a) and certified supervisor requirements in subsection (1)(b). New wording in subsection (1)(d) clarifies when certification is not required.

• Subsection (3) covers asbestos projects, separating the requirement by class of asbestos work.

• Subsection (4) covers the training requirements for asbestos work that is not considered an asbestos project or excluded from asbestos worker certification, again separating the requirements by class.

• Subsection (6) lists the current requirements using bullet points.

WAC 206-62-07728 Competent person. Adding the phrase "an asbestos project" clarifies the current requirements in subsection (5)(b)(i).

WAC 296-62-07735 Appendix A--WISHA reference method--Mandatory. The maximum air flow rate (or sampling rate) for 25 mm filters changes from 2.5 L/min to 4.0 L/min. This allows more flexibility when sampling airborne exposures and reflects current pump capabilities. The National Institute of Occupational Safety and Health (NIOSH) 7400 analytical method allows up to 16 L/min, but pumps are not capable to pull this volume of air through a filter.

WAC 296-62-07737 Appendix B--Detailed procedures for asbestos sampling and analysis--Nonmandatory.

• Changes to the maximum sampling rate make Appendix B consistent with the mandatory Appendix A. "5.0" L/min changes to "4.0" L/min.

• Under 5. Sampling subsection (a)(i)(C), "4 fibers/100 fields" changes to "5 fibers/100 fields," making it consistent with NIOSH 7400 method.

• Under 5. Sampling, a table containing suggested maximum air sample volumes replaces the existing table containing types of asbestos, making WISHA's rule like OSHA's rule and correcting an error.

For chapter 296-65 WAC:

WAC 296-65-003 Definitions.

• Worker certification exceptions in the "asbestos project" definition move to WAC 296-62-07722, placing the certification exceptions in one place to avoid further confusion.

• Deleting the "direct on-site supervision" definition eliminates an obsolete definition. The 1995 revision to chapter 49.26 RCW no longer allows certified supervisors to supervise uncertified asbestos workers working on asbestos projects.

WAC 296-65-010 Asbestos worker certification.

• In subsection (2)(b), new wording clarifies what must happen when a worker does not pass an examination and how additional examinations must be given.

• In subsection (2)(c), new wording clarifies when the department assesses administrative fees. The department collects fees when the application is submitted -- not at the time of the examination -- and only once no matter how many times an employee takes different examinations.

• In subsection (5), minor changes make it easier to understand the requirements.

WAC 296-65-012 Asbestos supervisor certification.

• In subsection (2)(c), new wording clarifies what must happen when a supervisor does not pass an examination and how new examinations must be given.

• In subsection (2)(d), new wording clarifies when the department assesses administrative fees, making this like WAC 296-65-010 (2)(c).

• In subsection (5), minor changes make it easier to understand the requirements.

WAC 296-65-020 Notification requirements. In subsection (1)(e), new wording clarifies when the department must receive amended notices. RCW 49.26.120, states "the department shall require persons undertaking asbestos projects to provide written notice to the department before the commencement of the project ... The department shall by rule establish the procedure and criteria by which a person will be considered to have attempted to meet the prenotification requirement." The proposal provides specific criteria to assure that the department receives amended notices before a project begins and before the date/time on the original notice. These changes provide specific criteria, eliminating confusion about when amended notices must be filed with the department.

WAC 296-65-025 Fees. Adding "replacement" to subsections (1) and (2), clarifies that the department assesses a twenty-five dollar, nonrefundable fee for replacement asbestos worker certificates, as well as for initial and renewal certificates. RCW 49.26.130 requires the department to prescribe fees for issuing certificates.

WAC 296-65-030 Methods of compliance. Direct, on-site supervision requirements move from subsection (4) to subsection (5), placing the supervision requirements and exceptions in the same place. Changes make it easier to find and comply with the current requirements.

Name of Agency Personnel Responsible for Drafting: Tracy Spencer, Tumwater, (360) 902-5530; Implementation and Enforcement: Michael A. Silverstein, Tumwater, (360) 902-5495.

Name of Proponent: Washington State Department of Labor and Industries, WISHA Services, governmental.

Rule is necessary because of federal law, 29 CFR 1915.1001 and 1926.1101.

Explanation of Rule, its Purpose, and Anticipated Effects: See Purpose above.

Proposal Changes the Following Existing Rules: See Purpose above.

No small business economic impact statement has been prepared under chapter 19.85 RCW. Federal changes clarify existing requirements, add an exemption for certain types of asbestos-containing roofing materials used in construction and shipyard workplaces, and add an existing federal requirement. A small business economic impact statement is not required because no more than a minor economic impact exists for the affected businesses.

RCW 34.05.328 applies to this rule adoption.

• Recent changes made by OSHA add an exemption for certain asbestos-containing roofing materials used in construction and shipyard workplaces. WISHA's proposal included the new federal exemption, but is exempted from the significant rule-making criteria in RCW 34.05.328 (5)(b)(iii) and (iv) because proposed rule adopts federal regulations without material change.

• Adding the existing OSHA requirement to WISHA rule, increases the state's requirements, but is also exempted from the significant rule-making criteria in RCW 34.05.328 (5)(b)(iii) and (iv) because proposed rule adopts federal regulations without material change.

• The proposal changes no other requirements. All other proposed changes clarify current requirements, making it easier to find, understand and comply with the requirements.

Hearing Location: Department of Labor and Industries Building, Auditorium, 7273 Linderson Way, Tumwater, WA, on May 14, 1999, at 9:30 a.m.

Assistance for Persons with Disabilities: Contact Josh Swanson by May 5, 1999, at (360) 902-5484.

Submit Written Comments to: Tracy Spencer, P.O. Box 44620, Olympia, WA 98504-4620, fax (360) 902-5529, by 5:00 p.m., on May 21, 1999.

Date of Intended Adoption: June 1, 1999.

April 1, 1999

Gary Moore

Director

OTS-2921.2

AMENDATORY SECTION(Amending WSR 96-05-056, filed 2/16/96, effective 4/1/96)

WAC 296-65-003
Definitions.

Unless the context clearly requires otherwise, the definitions in this section apply throughout this standard.

"Approved" means approved by the department.

"Asbestos" includes chrysotile, amosite, crocidolite, tremolite asbestos, anthophyllite asbestos, and actinolite asbestos, and any of these minerals that have been chemically treated and/or altered.

"Asbestos fiber" means asbestos fiber as defined in WAC 296-62-07703.

"Asbestos abatement project" means an asbestos project involving three square feet or three linear feet, or more, of asbestos containing material.

"Asbestos project" includes the construction, demolition, repair, remodeling, maintenance or renovation of any public or private building or structure, mechanical piping equipment or system involving the demolition, removal, encapsulation, salvage, or disposal of material or outdoor activity releasing or likely to release asbestos fibers into the air.  ((Removal of intact vinyl asbestos tile (VAT), and intact roofing materials is excluded from this definition, unless these items are removed by mechanical methods such as chipping, grinding, sanding, or sawing.  Also excluded is any project in which there is a disturbance of asbestos of less than one square foot of total surface area of asbestos-containing material (ACM), but this latter exclusion does not pertain to any disturbance of asbestos during a project dealing with pipe insulation.  Also excluded from this definition is work on asbestos-cement water pipe provided such work is done in accordance with the latest edition of "Recommended Standard Asbestos-Cement Pipe Work Practice Procedures and Training Requirements" adopted and published by the Pacific Northwest Section of the American Water Works Association and as approved by the department.))

"Certified asbestos contractor" means any partnership, firm, association, corporation or sole proprietorship, registered under chapter 18.27 RCW, that submits a bid, or contracts to remove or encapsulate asbestos for another and is certified by the department to remove or encapsulate asbestos.

"Certificate" means a certificate issued by the department that shall include the name of person awarded the certificate, certificate number, the discipline for which certification was conferred, training and examination dates, the course provider's name and address, and the course provider's telephone number, expiration date, and a statement that the person receiving the certificate has completed the training for asbestos accreditation under TSCA Title II.

"Certified asbestos supervisor" means an individual who is certified by the department under WAC 296-65-012.

"Certified asbestos worker" means an individual certified by the department under WAC 296-65-010.

"Department" means the department of labor and industries.

"Demolition" means the activity of razing a structure which includes the wrecking, removal, or dismantling of any load-supporting structural member of any facility including any related handling operations.

(("Direct on-site supervision" means the supervision of no more than three workers by a certified asbestos supervisor who is physically present at all times at the asbestos project.  It includes the authority to immediately correct any deficiencies on the project.))

"Director" means the director of the department of labor and industries or the director's designee.

"Emergency project" means a project that was not planned but results from a sudden, unexpected event and includes operations which are necessitated by nonroutine failures of equipment or systems.

"Encapsulation" means the application of an encapsulant to asbestos containing materials to control the release of asbestos fibers into the air.  The encapsulation process either creates a membrane over the surface (bridging encapsulant) or penetrates the material and binds its components together (penetrating encapsulant).

"EPA MAP" means the environmental protection agency model accreditation plan for asbestos requirements in 40 CFR Part 763.

"HEPA filtration" means high-efficiency particulate air filtration found in respirators and vacuum systems capable of filtering 0.3 micron particles with 99.97% efficiency.

"Intact" means that the asbestos containing material has not crumbled, been pulverized, or otherwise deteriorated so that it is no longer likely to be bound with its matrix.

"NESHAP" means the National Emission Standards for Hazardous Air Pollutants.

"Owner" means the person who owns any public or private building, structure, facility, or mechanical system, or the remnants thereof, or the agent of such person, but does not include individuals who work on asbestos projects in their own single-family residences, no part of which is used for commercial purposes.

"Person" means any individual, partnership, firm, association, corporation, sole proprietorship, or the state of Washington or its political subdivisions.

"Revocation" means a permanent withdrawal of a certification issued by the department.

"Suspension" means a temporary withdrawal of a certification issued by the department.  No suspension shall be less than six months or longer than one year.

[Statutory Authority: RCW 49.17.040, [49.17.]050 and [49.17.]060.  96-05-056, § 296-65-003, filed 2/16/96, effective 4/1/96.  Statutory Authority: Chapter 49.17 RCW.  89-21-018 (Order 89-10), § 296-65-003, filed 10/10/89, effective 11/24/89; 87-24-051 (Order 87-24), § 296-65-003, filed 11/30/87.  Statutory Authority: SSB 4209, 1985 c 387.  85-21-080 (Order 85-30), § 296-65-003, filed 10/22/85.]

(1) For the purposes of this section "individual" means any natural person.

(2) To qualify for an asbestos worker certificate, an individual must do the following:

(a) Successfully complete an approved asbestos worker training course;

(b) Achieve a score of at least seventy percent on a one hundred question multiple choice closed book examination approved by the department but administered by the training course sponsor. If an individual does not pass the examination, then another examination (meeting the above criteria) may be given after a sufficient period of study. The new examination must not duplicate more than fifty percent of the questions used on prior examinations;

(c) Submit to the department a timely application validated by an approved training course sponsor.  To be considered timely, an application must be received by the department not later than sixty days after the completion of the course.  In the event that an application is not timely, the individual ((shall)) will be required to pass, with a score of at least seventy percent, an examination administered by the department.  A nonrefundable fifty-dollar ((assessment shall be charged to take this examination)) fee will be assessed when the application is submitted to the department; and

(d) Pay the fee prescribed in WAC 296-65-025.

(3) Individuals ((shall)) must not perform any asbestos project work prior to issuance of the certificate.

(4) Certificates ((shall)) will be issued and mailed to the individual applicants and ((shall)) will be valid for one year from the date of issuance.

(5) Certified asbestos workers shall attend an eight-hour worker refresher course prior to certificate renewal.

(a) The course shall, at a minimum, adequately review the subjects required by WAC 296-65-005, update information on state-of-the-art procedures and equipment, and review regulatory changes and interpretations.  ((Specific subjects may be required by)) The department may require specific subjects.

(b) An application for renewal of the certificate must be validated by the refresher training course instructor.

(c) The refresher course must be taken prior to expiration of the certificate.

(d) The ((certificate renewal application must be received by the)) department must receive the certificate renewal application no later than the expiration date of the current certificate.  Applicants missing this renewal deadline ((shall)) will be required to pass, with a score of seventy percent, an examination administered by the department.  A nonrefundable fifty-dollar fee will be charged to take this examination.

(e) Individuals whose certificates have been expired for more than six months will be required to retake the entire basic worker course.

(6) The initial TSCA Title II worker accreditation certificate and the current worker certificate ((shall)) must be available for inspection at all times at the location of the asbestos project.

(7) The department may suspend or revoke a certificate as provided in WAC 296-65-050 and chapter 296-350 WAC.

[Statutory Authority: RCW 49.17.040, [49.17.]050 and [49.17.]060.  96-05-056, § 296-65-010, filed 2/16/96, effective 4/1/96.  Statutory Authority: Chapter 49.17 RCW.  89-21-018 (Order 89-10), § 296-65-010, filed 10/10/89, effective 11/24/89.  Statutory Authority: SSB 4209, 1985 c 387.  85-21-080 (Order 85-30), § 296-65-010, filed 10/22/85.]

(1) For the purposes of this section, "individual" means any natural person.

(2) To qualify for an asbestos supervisor certificate, an individual must meet the following criteria:

(a) Have at least 1600 hours of experience in one or more of the following disciplines:

(i) Asbestos abatement;

(ii) Asbestos project design;

(iii) Consultation on asbestos abatement projects;

(iv) Operations and maintenance program supervision;

(v) Construction project supervision;

(b) Successfully complete an approved asbestos supervisor training course;

(c) Achieve a score of at least seventy percent on a one hundred question multiple choice closed book examination approved by the department but administered by the training course sponsor. If an individual does not pass the examination, then another examination (meeting the above criteria) may be given after a sufficient period of study. The new examination must not duplicate more than fifty percent of the questions used on prior examinations;

(d) Submit to the department a timely application validated by an approved training course sponsor.  To be considered timely, an application must be received by the department not later than sixty days after the completion of the course.  In the event that an application is not timely, the individual ((shall)) will be required to pass, with a score of at least seventy percent, an examination administered by the department.  A nonrefundable fifty-dollar ((assessment shall be charged to take this examination)) fee will be assessed when the application is submitted to the department; and

(e) Pay the fee prescribed in WAC 296-65-025.

(3) An individual ((shall)) must not supervise any asbestos project prior to issuance of the certificate.

(4) Certificates ((shall)) will be issued and mailed to the individual applicants and ((shall)) will be valid for one year from the date of issuance.

(5) A certified asbestos supervisor ((shall)) must attend an eight-hour supervisor refresher course prior to certificate renewal.  It ((shall)) is not be necessary to also take a worker refresher course.

(a) The course ((shall)) must, at a minimum, adequately review the subjects required by WAC 296-65-007, update information on state-of-the-art procedures and equipment, and review regulatory changes and interpretations.  ((Specific subjects may be required by the department.)) The department may require specific subjects.

(b) An application for renewal of the certificate must be validated by the refresher training course instructor.

(c) The refresher course must be taken prior to expiration of the certificate.

(d) The ((certificate renewal application must be received by the)) department must receive the certificate renewal application no later than the expiration date of the current certificate.  Applicants missing this renewal deadline ((shall)) will be required to pass, with a score of seventy percent, an examination administered by the department.  A nonrefundable fifty-dollar fee will be charged to take this examination.

(e) Individuals whose certificates have been expired for more than six months will be required to retake the entire basic supervisor course.

(6) The initial TSCA Title II supervisor accreditation certificate and the current supervisor certificate ((shall)) must be available for inspection at all times at the location of the asbestos project.

(7) The department may suspend or revoke a certificate as provided in WAC 296-65-050 and chapter 296-350 WAC.

[Statutory Authority: RCW 49.17.040, [49.17.]050 and [49.17.]060.  96-05-056, § 296-65-012, filed 2/16/96, effective 4/1/96.  Statutory Authority: Chapter 49.17 RCW.  89-21-018 (Order 89-10), § 296-65-012, filed 10/10/89, effective 11/24/89.]

(1) Before any person or individual begins an asbestos project involving more than forty-eight square feet or ten linear feet, unless the surface area of the pipe is greater than forty-eight square feet, of asbestos containing material, written notification ((shall)) must be provided to the department.  Notices ((shall)) must include:

(a) Name and address of the owner and contractor.

(b) Description of the facility including size, age, and prior use of the facility.

(c) Amount of asbestos-containing material to be removed or encapsulated.

(d) Location of the facility.

(e) Exact starting and completion dates of the asbestos project, including shifts during which abatement work will be accomplished.  These dates must correspond to the dates specified in the contract.  Any change in these dates or work shifts ((shall)) must be communicated to the department by an amended notice filed at the office where the original notice was filed.

• When the starting date or time changes, the amended notice must be filed no later than 5:00 p.m. on the business day prior to the starting date in the original notice and prior to the new starting date.

• When the completion date or time changes, the amended notice must be filed before completion of the project, and within eight hours from when the person learns that the change will occur.

The amended notice may be filed by facsimile (FAX).

(f) Nature of the project and methods used to remove or encapsulate the material.

(2) Notices must be received by the department no later than ten days prior to the start of the project.  Notices ((shall)) must be sent directly to the department of labor and industries regional office having jurisdiction on the project.

(3) The director may waive the prenotification requirement upon written request of an owner for large-scale, on-going projects.  In granting such a waiver, the director ((shall)) will require the owner to provide prenotification if significant changes in personnel, methodologies, equipment, work site, or work procedures occur or are likely to occur.  The director ((shall)) will further require annual resubmittal of such notification.

(4) The director, upon review of an owner's reports, work practices, or other data available as a result of inspections, audits, or other authorized activities, may reduce the size threshold for prenotification required by this section.  Such a change ((shall)) will be based on the director's determination that significant problems in personnel, methodologies, equipment, work site, or work procedures are creating the potential for violations of this chapter.

(5) Emergency projects which disturb or release asbestos into the air ((shall)) must be reported to the department within three working days after commencement of the project in the manner otherwise required under this chapter.  The employees, the employees' collective bargaining representative or employee representative, if any, and other persons at the project area ((shall)) must be notified of the emergency as soon as possible by the person undertaking the emergency project.  A notice describing the nature of the emergency project ((shall)) must be clearly posted adjacent to the work area.

(6) Incremental phasing in the conduct or design of asbestos projects or otherwise conducting or designing asbestos projects of a size less than the threshold exemption specified in subsection (1) of this section, with the intent of avoiding the notification requirements, is a violation of this chapter.

[Statutory Authority: RCW 49.17.040, [49.17.]050 and [49.17.]060.  96-05-056, § 296-65-020, filed 2/16/96, effective 4/1/96.  Statutory Authority: Chapter 49.17 RCW.  89-21-018 (Order 89-10), § 296-65-020, filed 10/10/89, effective 11/24/89; 87-24-051 (Order 87-24), § 296-65-020, filed 11/30/87.  Statutory Authority: RCW 49.17.050(2) and 49.17.040.  87-10-008 (Order 87-06), § 296-65-020, filed 4/27/87.  Statutory Authority: SSB 4209, 1985 c 387.  85-21-080 (Order 85-30), § 296-65-020, filed 10/22/85.]

(1) A nonrefundable administrative fee of twenty-five dollars ((shall)) will be assessed for each initial, replacement, or renewal asbestos worker certificate application.  The fee (check or money order) must accompany the certificate application and be made payable to the department.  An application form may be obtained from any approved training course instructor or directly from the department.

(2) A nonrefundable administrative fee of thirty-five dollars ((shall)) will be assessed for each initial, replacement, or renewal asbestos supervisor certificate application.  The fee (check or money order) must accompany the certificate application and be made payable to the department.  An application form may be obtained from any approved training course instructor or directly from the department.

(3) A nonrefundable administrative fee of one thousand dollars ((shall)) will be assessed for each initial or renewal contractor certificate application.  The fee (check or money order) must accompany the certificate application and be made payable to the department.  An application form may be obtained from the department.

Note:

In circumstances where it is necessary to coordinate an expiration date with the date of expiration of a contractor registration issued under chapter 18.27 RCW, certificates may be valid for less than one year. In such circumstances, the certificate fee prescribed in WAC 296-65-025 ((shall)) will be prorated accordingly for the initial application only.

(4) A nonrefundable administrative fee of one thousand dollars ((shall)) will be assessed for each initial and renewal application for training course approval.  A check or money order ((shall)) must accompany any application made under the provisions of WAC 296-65-015.

[Statutory Authority: Chapter 49.17 RCW.  89-21-018 (Order 89-10), § 296-65-025, filed 10/10/89, effective 11/24/89; 87-24-051 (Order 87-24), § 296-65-025, filed 11/30/87.  Statutory Authority: SSB 4209, 1985 c 387.  85-21-080 (Order 85-30), § 296-65-025, filed 10/22/85.]

(1) Before submitting a bid or working on an asbestos abatement project, any person or individual ((shall)) must obtain an asbestos contractor certificate as provided in WAC 296-65-017 and ((shall)) must have in its employ at least one certified asbestos supervisor responsible for supervising all asbestos projects undertaken by the contractor.

(2) A certified asbestos supervisor will not be required on asbestos projects involving less than three linear square feet or three feet of asbestos-containing material unless the surface area of the pipe is greater than three square feet.  A certified asbestos supervisor is required for all Class I and II asbestos work in accordance with WAC 296-62-07728 (4)(((a))).

(3) No employee or other individual is eligible to do work or supervise an asbestos project without being issued a certificate by the department.

(a) Employees performing Class I or Class II asbestos work ((shall)) must be certified asbestos workers ((except when excluded)) as specified in WAC 296-62-07722 (((3)(b))).

(b) Employees performing Class III or Class IV asbestos work specified by WAC 296-62-07722 as an asbestos project shall be certified asbestos workers.

((Note:

Exceptions to certification of asbestos work not considered to be an asbestos project are found in WAC 296-65-003 in the definition of "asbestos project," and in WAC 296-62-07722.  If intact asbestos-containing materials or PACM are removed according to the required work practices, controls, respiratory protection, training and related provisions of WAC 296-62-077, certification is not required as specified in the exceptions.  If asbestos-containing material or PACM is not intact, or becomes nonintact during removal, the asbestos work is considered as an asbestos project and the certification requirements of chapter 296-65 WAC apply.))

(4) No person may assign any employee, contract with, or permit any individual, to ((remove or encapsulate asbestos)) work on an asbestos project in any facility without the project being performed by a certified asbestos worker ((and under the direct, on-site supervision of a certified asbestos supervisor)).

(5) A certified asbestos supervisor must provide direct, on-site supervision for an asbestos project. Except in cases in which an employer conducts an asbestos abatement project in its own facility by its own certified employees, supervision ((can)) may be performed in the regular course of a certified asbestos supervisor's duties.  Asbestos workers must have access to and under the control of certified asbestos supervisors throughout the duration of the project.

(6) Any construction, renovation, remodeling, maintenance, repair, or demolition which was started without meeting the requirements of this section ((shall)) must be halted immediately and cannot be resumed before meeting such requirements.

[Statutory Authority: RCW 49.17.040, [49.17.]050 and [49.17.]060.  97-19-014, § 296-65-030, filed 9/5/97, effective 11/5/97; 96-05-056, § 296-65-030, filed 2/16/96, effective 4/1/96.  Statutory Authority: Chapter 49.17 RCW.  89-21-018 (Order 89-10), § 296-65-030, filed 10/10/89, effective 11/24/89.  Statutory Authority: RCW 49.17.050(2) and 49.17.040.  87-10-008 (Order 87-06), § 296-65-030, filed 4/27/87.  Statutory Authority: SSB 4209, 1985 c 387.  85-21-080 (Order 85-30), § 296-65-030, filed 10/22/85.]

OTS-2947.1

AMENDATORY SECTION(Amending WSR 97-01-079, filed 12/17/96, effective 3/1/97)

WAC 296-62-07701
Scope and application.

(1) WAC 296-62-07701 through 296-62-07753 applies to all occupational exposures to asbestos in all industries covered by ((the)) chapter 49.17 RCW, Washington Industrial Safety and Health Act and chapter 49.26 RCW, Health and Safety--Asbestos.

(2) This ((section does apply)) part applies to construction work as defined in WAC 296-155-012 except for work involving asbestos-containing asphalt roof coatings, cements, and mastics. The exception for roofing materials does not apply to asphalt coated asbestos felting and similar built-up roofing.

(3) This ((section does apply)) part applies to ship repairing, shipbuilding and shipbreaking employments and related employments as defined in WAC 296-304-01001 except for work involving asbestos-containing asphalt roof coatings, cements, and mastics. The exception for roofing materials does not apply to asphalt coated asbestos felting and similar built-up roofing.

[Statutory Authority: RCW 49.17.040, [49.17.]050 and [49.17.]060.  97-01-079, § 296-62-07701, filed 12/17/96, effective 3/1/97.  Statutory Authority: Chapter 49.17 RCW.  87-24-051 (Order 87-24), § 296-62-07701, filed 11/30/87.  Statutory Authority: RCW 49.17.050(2) and 49.17.040.  87-10-008 (Order 87-06), § 296-62-07701, filed 4/27/87.]

For the purpose of WAC 296-62-07701 through 296-62-07753:

Accredited inspector means any person meeting the accreditation requirements of the Federal Toxic Substance Control Act, Section 206 (a)(1) and (3).  15 U.S.C. 2646 (a)(1) and (3).

Aggressive method means removal or disturbance of building material by sanding, abrading, grinding or other method that breaks, crumbles, or disintegrates intact ACM.

Amended water means water to which surfactant (wetting agent) has been added to increase the ability of the liquid to penetrate ACM.

Asbestos includes chrysotile, amosite, crocidolite, tremolite asbestos, anthophyllite asbestos, actinolite asbestos, and any of these minerals that have been chemically treated and/or altered.

For purposes of this standard, "asbestos" includes PACM, as defined below.

Asbestos abatement project means an asbestos project involving three square feet or three linear feet, or more, of asbestos-containing material.

Asbestos-containing material (ACM) means any material containing more than 1% asbestos.

Asbestos project(( - definition as stated in WAC 296-65-003)) includes the construction, demolition, repair, remodeling, maintenance or renovation of any public or private building or structure, mechanical piping equipment or system involving the demolition, removal, encapsulation, salvage, or disposal of material or outdoor activity releasing or likely to release asbestos fibers into the air.

Authorized person means any person authorized by the employer and required by work duties to be present in regulated areas.

Building/facility/vessel owner means any legal entity or person who owns any public or private building, vessel, structure, facility, or mechanical system or the remnants thereof, including the agent of such person, but does not include individuals who work on asbestos projects in their own single-family residences, no part of which is used for commercial purposes.  Also included is any lessee, who exercises control over management and recordkeeping functions relating to a building, vessel, and/or facility in which activities covered by this standard takes place.

Certified asbestos supervisor means an individual certified by the department under WAC 296-65-012.

Certified asbestos worker means an individual certified by the department under WAC 296-65-010.

Certified industrial hygienist (CIH) means one certified in the practice of industrial hygiene by the American Board of Industrial Hygiene.

Class I asbestos work means activities involving the removal of thermal system insulation or surfacing ACM/PACM.

Class II asbestos work means activities involving the removal of ACM which is not thermal system insulation or surfacing material.  This includes, but is not limited to, the removal of asbestos-containing wallboard, floor tile and sheeting, roofing and siding shingles, and construction mastics.

Class III asbestos work means repair and maintenance operations where "ACM," including TSI and surfacing ACM and PACM, may be disturbed.

Class IV asbestos work means maintenance and custodial activities during which employees contact but do not disturb ACM or PACM and activities to clean up dust, waste and debris resulting from Class I, II, and III activities.

Clean room means an uncontaminated room having facilities for the storage of employees' street clothing and uncontaminated materials and equipment.

Closely resemble means that the major workplace conditions which have contributed to the levels of historic asbestos exposure, are no more protective than conditions of the current workplace.

Competent person means, in addition to the definition in WAC 296-62-07728, one who is capable of identifying existing asbestos, hazards in the workplace and selecting the appropriate control strategy for asbestos exposure, who has the authority to take prompt corrective measures to eliminate them as specified in WAC 296-62-07728.  The competent person shall be certified as an asbestos supervisor in compliance with WAC 296-65-030(3) and 296-65-012 for Class I and Class II work, and for Class III and Class IV work involving 3 square feet or 3 linear feet or more of asbestos-containing material.  For Class III and Class IV work, involving less than 3 square feet or 3 linear feet, the competent person shall be trained in an operations and maintenance (O&M) course which meets the criteria of EPA (40 CFR 763.92 (a)(2)).

Critical barrier means one or more layers of plastic sealed over all openings into a work area or any other similarly placed physical barrier sufficient to prevent airborne asbestos in a work area from migrating to an adjacent area.

Decontamination area means an enclosed area adjacent and connected to the regulated area and consisting of an equipment room, shower area, and clean room, which is used for the decontamination of workers, materials, and equipment contaminated with asbestos.

Demolition means the wrecking or taking out of any load-supporting structural member and any related razing, removing, or stripping of asbestos products.  Where feasible, asbestos-containing materials shall be removed from all structures prior to the commencement of any demolition activity as per WAC 296-155-775(9).

Department means the department of labor and industries.

Director means the director of the department of labor and industries or his/her authorized representative.

Director of NIOSH means the Director, National Institute for Occupational Safety and Health, U.S. Department of Health and Human Services, or designee.

Disturb or disturbance ((means)) refers to activities that disrupt the matrix of ACM or PACM, crumble or pulverize ACM or PACM, or generate visible debris from ACM or PACM.  This term includes activities that disrupt the matrix of ACM or PACM, render ACM or PACM friable, or generate visible debris.  Disturbance includes cutting away small amounts of ACM or PACM, no greater than the amount which can be contained in one standard size glove bag or waste bag in order to access a building or vessel component.  In no event shall the amount of ACM or PACM so disturbed exceed that which can be contained in one glove bag or waste bag which shall not exceed 60 inches in length and width.

Employee exposure means that exposure to airborne asbestos that would occur if the employee were not using respiratory protective equipment.

Equipment room (change room) means a contaminated room located within the decontamination area that is supplied with impermeable bags or containers for the disposal of contaminated protective clothing and equipment.

Fiber means a particulate form of asbestos, five micrometers or longer, with a length-to-diameter ratio of at least three to one.

Glove bag means not more than a 60 x 60 inch impervious plastic bag-like enclosure affixed around an asbestos-containing material, with glove-like appendages through which material and tools may be handled.

High-efficiency particulate air (HEPA) filter means a filter capable of trapping and retaining at least 99.97 percent of all monodispersed particles of 0.3 micrometers mean aerodynamic diameter or larger.

Homogeneous area means an area of surfacing material or thermal system insulation that is uniform in color and texture.

Industrial hygienist means a professional qualified by education, training, and experience to anticipate, recognize, evaluate and develop controls for occupational health hazards.

Intact means that the ACM has not crumbled, been pulverized, or otherwise deteriorated so that the asbestos is no longer likely to be bound with its matrix. Friable ACM that is disturbed, as defined in this part, is presumed to be no longer intact.

Modification for the purpose of WAC 296-62-07712 means a changed or altered procedure, material or component of a control system, which replaces a procedure, material or component of a required system.  Omitting a procedure or component, or reducing or diminishing the stringency or strength of a material or component of the control system is not a "modification" for the purposes of WAC 296-62-07712.

Negative initial exposure assessment means a demonstration by the employer (which complies with the criteria in WAC 296-62-07709) that employee exposure during an operation is expected to be consistently below the PELs.

PACM means "presumed asbestos-containing material."

Presumed asbestos-containing material means thermal system insulation and surfacing material found in buildings, vessels, and vessel sections constructed no later than 1980.  The designation of a material as "PACM" may be rebutted pursuant to WAC 296-62-07721.

Project designer means a person who has successfully completed the training requirements for an abatement project designer established by 40 U.S.C. 763.90(g).

Regulated area means an area established by the employer to demarcate areas where Class I, II, and III asbestos work is conducted, and any adjoining area where debris and waste from such asbestos work accumulate; and a work area within which airborne concentrations of asbestos, exceed or can reasonably be expected to exceed the permissible exposure limit.  Requirements for regulated areas are set out in WAC 296-62-07711.

Removal means all operations where ACM and/or PACM is taken out or stripped from structures or substrates, and includes demolition operations.

Renovation means the modifying of any existing vessel, vessel section, structure, or portion thereof.

Repair means overhauling, rebuilding, reconstructing, or reconditioning of vessels, vessel sections, structures or substrates, including encapsulation or other repair of ACM or PACM attached to vessels, vessel sections, structures or substrates.

Surfacing material means material that is sprayed, troweled-on or otherwise applied to surfaces (such as acoustical plaster on ceilings and fireproofing materials on structural members, or other materials on surfaces for acoustical, fireproofing, and other purposes).

Surfacing ACM means surfacing material which contains more than 1% asbestos.

Thermal system insulation (TSI) means ACM applied to pipes, fittings, boilers, breaching, tanks, ducts, or other structural components to prevent heat loss or gain.

Thermal system insulation ACM is thermal system insulation which contains more than 1% asbestos.

[Statutory Authority: RCW 49.17.040, [49.17.]050 and [49.17.]060.  97-01-079, § 296-62-07703, filed 12/17/96, effective 3/1/97.  Statutory Authority: Chapter 49.17 RCW.  89-21-018 (Order 89-10), § 296-62-07703, filed 10/10/89, effective 11/24/89; 89-11-035 (Order 89-03), § 296-62-07703, filed 5/15/89, effective 6/30/89; 87-24-051 (Order 87-24), § 296-62-07703, filed 11/30/87.  Statutory Authority: RCW 49.17.050(2) and 49.17.040.  87-10-008 (Order 87-06), § 296-62-07703, filed 4/27/87.]

(1) General monitoring criteria.

(a) Each employer who has a workplace or work operation where exposure monitoring is required under this ((section shall)) part must perform monitoring to determine accurately the airborne concentrations of asbestos to which employees may be exposed.

(b) Determinations of employee exposure ((shall)) must be made from breathing zone air samples that are representative of the eight-hour TWA and thirty minute short-term exposures of each employee.

(c) Representative eight-hour TWA employee exposures ((shall)) must be determined on the basis of one or more samples representing full-shift exposure for each shift for each employee in each job classification in each work area.

(d) Representative thirty minute short-term employee exposures ((shall)) must be determined on the basis of one or more samples representing thirty minute exposures associated with operations that are most likely to produce exposures above the excursion limit for each shift for each job classification in each work area.

(2) Exposure monitoring requirements for all occupational exposures to asbestos in all industries covered by the Washington Industrial Safety and Health Act except construction work, as defined in WAC 296-155-012, and except ship repairing, shipbuilding and shipbreaking employments and related employments as defined in WAC 296-304-01001.

(a) Initial monitoring.

(i) Each employer who has a workplace or work operation covered by this standard, except as provided for in (a)(ii) and (iii) of this subsection, ((shall)) must perform initial monitoring of employees who are, or may reasonably be expected to be exposed to airborne concentrations at or above the TWA permissible exposure limit and/or excursion limit.  The initial monitoring ((shall)) must be at the initiation of each asbestos job to accurately determine the airborne concentration of asbestos to which employees may be exposed.

(ii) Where the employer or his/her representative has monitored after March 31, 1992, for the TWA permissible exposure limit and/or excursion limit, and the monitoring satisfies all other requirements of this section, and the monitoring data was obtained during work operations conducted under workplace conditions closely resembling the processes, type of material including percentage of asbestos, control methods, work practices, and environmental conditions used and prevailing in the employer's current operations, the employer may rely on such earlier monitoring results to satisfy the requirements of (a)(i) of this subsection.

(iii) Where the employer has relied upon objective data that demonstrates that asbestos is not capable of being released in airborne concentrations at or above the TWA permissible exposure limit and/or excursion limit under those work conditions of processing, use, or handling expected to have the greatest potential for releasing asbestos, then no initial monitoring is required.

(b) Monitoring frequency (periodic monitoring) and patterns.  After the initial determinations required by subsection (2)(a)(i) of this section, samples ((shall)) must be of such frequency and pattern as to represent with reasonable accuracy the levels of exposure of the employees.  In no case ((shall)) must sampling be at intervals greater than six months for employees whose exposures may reasonably be foreseen to exceed the TWA permissible exposure limit and/or excursion limit.

(c) Daily monitoring within regulated areas: The employer ((shall)) must conduct daily monitoring that is representative of the exposure of each employee who is assigned to work within a regulated area.  Exception: When all employees within a regulated area are equipped with full facepiece supplied-air respirators operated in the pressure-demand mode equipped with either an auxiliary positive pressure self-contained breathing apparatus or a HEPA filter, the employer may dispense with the daily monitoring required by this subsection.

(d) Changes in monitoring frequency.  If either the initial or the periodic monitoring required by subsection (2)(a) and (b) of this section statistically indicates that employee exposures are below the TWA permissible exposure limit and/or excursion limit, the employer may discontinue the monitoring for those employees whose exposures are represented by such monitoring.

(e) Additional monitoring.  Notwithstanding the provisions of subsection (2)(a)(ii) and (c) of this section, the employer ((shall)) must institute the exposure monitoring required under subsection (2)(a)(i) and (ii) of this section whenever there has been a change in the production, process, control equipment, personnel, or work practices that may result in new or additional exposures above the TWA permissible exposure limit and/or excursion limit, or when the employer has any reason to suspect that a change may result in new or additional exposures above the TWA permissible exposure limit and/or excursion limit.

(3) Exposure assessment monitoring requirements for all construction work as defined in WAC 296-155-012 and for all ship repairing, shipbuilding and shipbreaking employments and related employments as defined in WAC 296-304-01001.

(a) Initial exposure assessment.

(i) Each employer who has a workplace or work operation covered by this standard ((shall)) must ensure that a "competent person" conducts an exposure assessment immediately before or at the initiation of the operation to ascertain expected exposures during that operation or workplace.  The assessment must be completed in time to comply with the requirements which are triggered by exposure data or lack of a "negative exposure assessment," and to provide information necessary to assure that all control systems planned are appropriate for that operation and will work properly.

(ii) Basis of initial exposure assessment: Unless a negative exposure assessment has been made ((pursuant)) according to (b) of this subsection, the initial exposure assessment ((shall)) must, if feasible, be based on monitoring conducted ((pursuant)) according to (b) of this subsection.  The assessment ((shall)) must take into consideration both the monitoring results and all observations, information or calculations which indicate employee exposure to asbestos, including any previous monitoring conducted in the workplace, or of the operations of the employer which indicate the levels of airborne asbestos likely to be encountered on the job.  For Class I asbestos work, until the employer conducts exposure monitoring and documents that employees on that job will not be exposed in excess of the PELs, or otherwise makes a negative exposure assessment ((pursuant)) according to (b) of this subsection, the employer ((shall)) must presume that employees are exposed in excess of the TWA and excursion limit.

(b) Negative exposure assessment: For any one specific asbestos job which will be performed by employees who have been trained in compliance with the standard, the employer may demonstrate that employee exposures will be below the PELs by data which conform to the following criteria:

(i) Objective data demonstrating that the products or material containing asbestos minerals or the activity involving such product or material cannot release airborne fibers in concentrations exceeding the TWA and excursion limit under those work conditions having the greatest potential for releasing asbestos; or

(ii) Where the employer has monitored prior asbestos jobs for the PEL and the excursion limit within 12 months of the current or projected job, the monitoring and analysis were performed in compliance with the asbestos standard in effect; and the data was obtained during work operations conducted under workplace conditions "closely resembling" the processes, type of material including percentage of asbestos, control methods, work practices, and environmental conditions used and prevailing in the employer's current operations, the operations were conducted by employees whose training and experience are no more extensive than that of employees performing the current job, and these data show that under the conditions prevailing and which will prevail in the current workplace there is a high degree of certainty that employee exposures will not exceed the TWA or excursion limit; or

(iii) The results of initial exposure monitoring of the current job made from breathing zone samples that are representative of the 8-hour TWA and 30-minute short-term exposures of each employee covering operations which are most likely during the performance of the entire asbestos job to result in exposures over the PELs((; or

(iv) Monitoring outside negative-pressure enclosures: The employer shall conduct representative area monitoring of the airborne fiber levels at least every other day at the HEPA machine exhaust and entrance to the decontamination area)).

(c) Periodic monitoring.

(i) Class I and Class II operations.  The employer ((shall)) must conduct daily monitoring that is representative of the exposure of each employee who is assigned to work within a regulated area who is performing Class I or II work, unless the employer ((pursuant)) according to (b) of this subsection, has made a negative exposure assessment for the entire operation.

(ii) All operations under the standard other than Class I and II operations.  The employer ((shall)) must conduct periodic monitoring of all work where exposures are expected to exceed a PEL, at intervals sufficient to document the validity of the exposure prediction.

(iii) Exception.  When all employees required to be monitored daily are equipped with supplied-air respirators operated in the pressure demand mode, the employer may dispense with the daily monitoring required by subsection (2)(c) of this section.  However, employees performing Class I work using a control method which is not listed in WAC 296-62-07712 of this section or using a modification of a listed control method, ((shall)) must continue to be monitored daily even if they are equipped with supplied-air respirators.

(iv) Monitoring outside negative-pressure enclosures: The employer must conduct representative area monitoring of the airborne fiber levels at least every other day at the HEPA machine exhaust and entrance to the decontamination area.

(d) Termination of monitoring.  If the periodic monitoring required by (c) of this subsection reveals that employee exposures, as indicated by statistically reliable measurements, are below the permissible exposure limit and excursion limit the employer may discontinue monitoring for those employees whose exposures are represented by such monitoring.

(e) Additional monitoring.  Notwithstanding the provisions of (b), (c), and (d) of this subsection, the employer ((shall)) must institute the exposure monitoring required under (c) of this subsection whenever there has been a change in process, control equipment, personnel or work practices that may result in new or additional exposures above the permissible exposure limit and/or excursion limit or when the employer has any reason to suspect that a change may result in new or additional exposures above the permissible exposure limit and/or excursion limit.  Such additional monitoring is required regardless of whether a "negative exposure assessment" was previously produced for a specific job.

(f) ((Prior to the start of the removal, demolition, or renovation project, representative area monitoring shall be conducted for later use)) Preabatement monitoring. Prior to the start of asbestos work, representative area air monitoring must be conducted for comparison to clearance monitoring as required by WAC 296-62-07709 (3)(g). Preabatement air monitoring is not required for outdoor work (see WAC 296-62-07712 (5)(c)).

(g) Clearance monitoring. Representative area air monitoring must be taken at the completion of the asbestos work. Air sample results must be obtained before removal or reoccupancy of the regulated area. Clearance air monitoring is not required for outdoor asbestos work.

(4) Method of monitoring.

(a) All samples taken to satisfy the employee exposure monitoring requirements of this section ((shall)) must be personal samples collected following the procedures specified in WAC 296-62-07735, Appendix A.

(b) Monitoring ((shall)) must be performed by persons having a thorough understanding of monitoring principles and procedures and who can demonstrate proficiency in sampling techniques.

(c) All samples taken to satisfy the monitoring requirements of this section ((shall)) must be evaluated using the WISHA reference method specified in WAC 296-62-07735, Appendix A, or an equivalent counting method recognized by the department.

(d) If an equivalent method to the WISHA reference method is used, the employer ((shall)) must ensure that the method meets the following criteria:

(i) Replicate exposure data used to establish equivalency are collected in side-by-side field and laboratory comparisons; and

(ii) The comparison indicates that ninety percent of the samples collected in the range 0.5 to 2.0 times the permissible limit have an accuracy range of plus or minus twenty-five percent of the WISHA reference method results at a ninety-five percent confidence level as demonstrated by a statistically valid protocol; and

(iii) The equivalent method is documented and the results of the comparison testing are maintained.

(e) To satisfy the monitoring requirements of this section, employers must use the results of monitoring analysis performed by laboratories which have instituted quality assurance programs that include the elements as prescribed in WAC 296-62-07735, Appendix A.

(5) Employee notification of monitoring results.

(a) The employer ((shall)) must, as soon as possible but no later than within fifteen working days after the receipt of the results of any monitoring performed under the standard, notify the affected employees of these results in writing either individually or by posting of results in an appropriate location that is accessible to affected employees.

(b) The written notification required by (a) of this subsection ((shall)) must contain the corrective action being taken by the employer to reduce employee exposure to or below the TWA and/or excursion exposure limits, wherever monitoring results indicated that the TWA and/or excursion exposure limits had been exceeded.

(6) Observation of monitoring.

(a) The employer ((shall)) must provide affected employees or their designated representatives an opportunity to observe any monitoring of employee exposure to asbestos conducted in accordance with this section.

(b) When observation of the monitoring of employee exposure to asbestos requires entry into an area where the use of protective clothing or equipment is required, the observer ((shall)) must be provided with and be required to use such clothing and equipment and shall comply with all other applicable safety and health procedures.

[Statutory Authority: RCW 49.17.040, [49.17.]050 and [49.17.]060.  97-01-079, § 296-62-07709, filed 12/17/96, effective 3/1/97.  Statutory Authority: Chapter 49.17 RCW.  89-11-035 (Order 89-03), § 296-62-07709, filed 5/15/89, effective 6/30/89; 87-24-051 (Order 87-24), § 296-62-07709, filed 11/30/87.  Statutory Authority: RCW 49.17.050(2) and 49.17.040.  87-10-008 (Order 87-06), § 296-62-07709, filed 4/27/87.]

(1) Methods of compliance, the following engineering controls and work practices of this section ((shall)) must be used for construction work defined in WAC 296-155-012 and for all ship repair defined in WAC 296-304-010.

(2) Engineering controls and work practices for all operations covered by this section.  The employer ((shall)) must use the following engineering controls and work practices in all operations covered by this section, regardless of the levels of exposure:

(a) Vacuum cleaners equipped with HEPA filters to collect all debris and dust containing ACM and PACM, except as provided in subsection (10)(b) of this section in the case of roofing material.

(b) Wet methods, or wetting agents, to control employee exposures during asbestos handling, mixing, removal, cutting, application, and cleanup, except where employers demonstrate that the use of wet methods is infeasible due to, for example, the creation of electrical hazards, equipment malfunction, and, in roofing, except as provided in subsection (10)(b) of this section.

(c) Asbestos ((shall)) must be handled, mixed, applied, removed, cut, scored, or otherwise worked in a wet saturated state to prevent the emission of airborne fibers unless the usefulness of the product would be diminished thereby.

(d) Prompt cleanup and disposal of wastes and debris contaminated with asbestos in leak-tight containers except in roofing operations, where the procedures specified in this section apply.

(3) In addition to the requirements of subsection (2) of this section, the employer ((shall)) must use the following control methods to achieve compliance with the TWA permissible exposure limit and excursion limit prescribed by WAC 296-62-07705:

(a) Local exhaust ventilation equipped with HEPA filter dust collection systems;

(b) Enclosure or isolation of processes producing asbestos dust;

(c) Ventilation of the regulated area to move contaminated air away from the breathing zone of employees and toward a filtration or collection device equipped with a HEPA filter;

(d) Use of other work practices and engineering controls that the department can show to be feasible;

(e) Wherever the feasible engineering and work practice controls described above are not sufficient to reduce employee exposure to or below the permissible exposure limit and/or excursion limit prescribed in WAC 296-62-07705, the employer ((shall)) must use them to reduce employee exposure to the lowest levels attainable by these controls and ((shall)) must supplement them by the use of respiratory protection that complies with the requirements of WAC 296-62-07715.

(4) Prohibitions.  The following work practices and engineering controls ((shall)) must not be used for work related to asbestos or for work which disturbs ACM or PACM, regardless of measured levels of asbestos exposure or the results of initial exposure assessments:

(a) High-speed abrasive disc saws that are not equipped with point or cut ventilator or enclosures with HEPA filtered exhaust air;

(b) Compressed air used to remove asbestos, or materials containing asbestos, unless the compressed air is used in conjunction with an enclosed ventilation system designed to capture the dust cloud created by the compressed air;

(c) Dry sweeping, shoveling or other dry cleanup of dust and debris containing ACM and PACM;

(d) Employee rotation as a means of reducing employee exposure to asbestos.

(5) Cleanup.

(a) After completion of asbestos work (removal, demolition, and renovation operations), all surfaces in and around the work area ((shall)) must be cleared of any asbestos debris.

(b) ((Lock-down.  Where asbestos has been removed, encapsulant shall be applied to ensure binding of remaining fibers.

(c) The employer shall demonstrate by monitoring that the airborne fiber concentration is below the permissible exposure limits; or, at or below the airborne fiber level existing prior to the start of the removal, demolition, or renovation project; whichever level is lower.)) Encapsulant must be applied to all areas where asbestos has been removed to ensure binding of any remaining fibers.

(6) Class I requirements.  The following engineering controls and work practices and procedures ((shall)) must be used:

(a) All Class I work, including the installation and operation of the control system ((shall)) must be supervised by a competent person as defined in WAC 296-62-07703;

(b) For all Class I jobs involving the removal of more than 25 linear or 10 square feet of thermal system insulation or surfacing material; for all other Class I jobs, where the employer cannot produce a negative exposure assessment ((pursuant)) according to WAC 296-62-07709(3), or where employees are working in areas adjacent to the ((regulation)) regulated area, while the Class I work is being performed, the employer ((shall)) must use one of the following methods to ensure that airborne asbestos does not migrate from the regulated area:

(i) Critical barriers ((shall)) must be placed over all the openings to the regulated area, except where activities are performed outdoors; or

(ii) The employer ((shall)) must use another barrier or isolation method which prevents the migration of airborne asbestos from the regulated area, as verified by perimeter area surveillance during each work shift at each boundary of the regulated area, showing no visible asbestos dust; and perimeter area monitoring showing that clearance levels contained in 40 CFR Part 763, Subpart E, of the EPA Asbestos in Schools Rule are met, or that perimeter area levels, measured by Phase Contrast Microscopy (PCM) are no more than background levels representing the same area before the asbestos work began.  The results of such monitoring ((shall)) must be made known to the employer no later than 24 hours from the end of the work shift represented by such monitoring.  Exception: For work completed outdoors where employees are not working in areas adjacent to the regulated areas, (a) of this subsection is satisfied when the specific control methods in subsection (7) of this section are used;

(c) For all Class I jobs, HVAC systems ((shall)) must be isolated in the regulated area by sealing with a double layer of 6 mil plastic or the equivalent;

(d) For all Class I jobs, impermeable dropcloths shall be placed on surfaces beneath all removal activity;

(e) For all Class I jobs, all objects within the regulated area ((shall)) must be covered with impermeable dropcloths or plastic sheeting which is secured by duct tape or an equivalent;

(f) For all Class I jobs where the employer cannot produce a negative exposure assessment, or where exposure monitoring shows that a PEL is exceeded, the employer ((shall)) must ventilate the regulated area to move contaminated air away from the breathing zone of employees toward a HEPA filtration or collection device.

(7) Specific control methods for Class I work.  In addition, Class I asbestos work ((shall)) must be performed using one or more of the following control methods ((pursuant)) according to the limitations stated below:

(a) Negative pressure enclosure (NPE) systems: NPE systems may be used where the configuration of the work area does not make the erection of the enclosure infeasible, with the following specifications and work practices:

(i) Specifications:

(A) The negative pressure enclosure (NPE) may be of any configuration;

(B) At least 4 air changes per hour ((shall)) must be maintained in the NPE;

(C) A minimum of -0.02 column inches of water pressure differential, relative to outside pressure, ((shall)) must be maintained within the NPE as evidenced by manometric measurements;

(D) The NPE ((shall)) must be kept under negative pressure throughout the period of its use; and

(E) Air movement ((shall)) must be directed away from employees performing asbestos work within the enclosure, and toward a HEPA filtration or collection device.

(ii) Work practices:

(A) Before beginning work within the enclosure and at the beginning of each shift, the NPE ((shall)) must be inspected for breaches and smoke-tested for leaks, and any leaks sealed.

(B) Electrical circuits in the enclosure ((shall)) must be deactivated, unless equipped with ground-fault circuit interrupters.

(b) Glove bag systems may be used to remove PACM and/or ACM from straight runs of piping and elbows and other connections with the following specifications and work practices:

(i) Specifications:

(A) Glove bags ((shall)) must be made of 6 mil thick plastic and ((shall)) must be seamless at the bottom.

(B) Glove bags used on elbows and other connections must be designed for that purpose and used without modifications.

(ii) Work practices:

(A) Each glove bag ((shall)) must be installed so that it completely covers the circumference of pipe or other structure where the work is to be done.

(B) Glove bags ((shall)) must be smoke-tested for leaks and any leaks sealed prior to use.

(C) Glove bags may be used only once and may not be moved.

(D) Glove bags ((shall)) must not be used on surfaces whose temperature exceeds 150°F.

(E) Prior to disposal, glove bags ((shall)) must be collapsed by removing air within them using a HEPA vacuum.

(F) Before beginning the operation, loose and friable material adjacent to the glove bag/box operation ((shall)) must be wrapped and sealed in two layers of six mil plastic or otherwise rendered intact.

(G) Where system uses attached waste bag, such bag ((shall)) must be connected to collection bag using hose or other material which ((shall)) must withstand pressure of ACM waste and water without losing its integrity.

(H) Sliding valve or other device ((shall)) must separate waste bag from hose to ensure no exposure when waste bag is disconnected.

(I) At least two persons ((shall)) must perform Class I glove bag removal operations.

(c) Negative pressure glove bag systems.  Negative pressure glove bag systems may be used to remove ACM or PACM from piping.

(i) Specifications: In addition to specifications for glove bag systems above, negative pressure glove bag systems ((shall)) must attach HEPA vacuum systems or other devices to bag during removal.

(ii) Work practices:

(A) The employer ((shall)) must comply with the work practices for glove bag systems in this section.

(B) The HEPA vacuum cleaner or other device used during removal ((shall)) must run continually during the operation until it is completed at which time the bag ((shall)) must be collapsed prior to removal of the bag from the pipe.

(C) Where a separate waste bag is used along with a collection bag and discarded after one use, the collection bag may be reused if rinsed clean with amended water before reuse.

(d) Negative pressure glove box systems: Negative pressure glove boxes may be used to remove ACM or PACM from pipe runs with the following specifications and work practices:

(i) Specifications:

(A) Glove boxes ((shall)) must be constructed with rigid sides and made from metal or other material which can withstand the weight of the ACM and PACM and water used during removal.

(B) A negative pressure generator ((shall)) must be used to create negative pressure in the system.

(C) An air filtration unit ((shall)) must be attached to the box.

(D) The box ((shall)) must be fitted with gloved apertures.

(E) An aperture at the base of the box ((shall)) must serve as a bagging outlet for waste ACM and water.

(F) A back-up generator ((shall)) must be present on site.

(G) Waste bags ((shall)) must consist of 6 mil thick plastic double-bagged before they are filled or plastic thicker than 6 mil.

(ii) Work practices:

(A) At least two persons ((shall)) must perform the removal.

(B) The box ((shall)) must be smoke-tested for leaks and any leaks sealed prior to each use.

(C) Loose or damaged ACM adjacent to the box ((shall)) must be wrapped and sealed in two layers of 6 mil plastic prior to the job, or otherwise made intact prior to the job.

(D) A HEPA filtration system ((shall)) must be used to maintain pressure barrier in box.

(e) Water spray process system.  A water spray process system may be used for removal of ACM and PACM from cold line piping if, employees carrying out such process have completed a 40-hour separate training course in its use, in addition to training required for employees performing Class I work.  The system ((shall)) must meet the following specifications and shall be performed by employees using the following work practices:

(i) Specifications:

(A) Piping ((shall)) must be surrounded on 3 sides by rigid framing.

(B) A 360 degree water spray, delivered through nozzles supplied by a high pressure separate water line, ((shall)) must be formed around the piping.

(C) The spray ((shall)) must collide to form a fine aerosol which provides a liquid barrier between workers and the ACM and PACM.

(ii) Work practices:

(A) The system ((shall)) must be run for at least 10 minutes before removal begins.

(B) All removal ((shall)) must take place within the water barrier.

(C) The system ((shall)) must be operated by at least three persons, one of whom ((shall)) must not perform removal, but ((shall)) must check equipment, and ensure proper operation of the system.

(D) After removal, the ACM and PACM ((shall)) must be bagged while still inside the water barrier.

(f) A small walk-in enclosure which accommodates no more than two persons (mini-enclosure) may be used if the disturbance or removal can be completely contained by the enclosure with the following specifications and work practices:

(i) Specifications:

(A) The fabricated or job-made enclosure ((shall)) must be constructed of 6 mil plastic or equivalent.

(B) The enclosure ((shall)) must be placed under negative pressure by means of a HEPA filtered vacuum or similar ventilation unit.

(C) Change room.  A small change room made of 6-mil-thick polyethylene plastic should be contiguous to the mini-enclosure, and is necessary to allow the worker to vacuum off his/her protective coveralls and remove them before leaving the work area.  While inside the enclosure, the worker should wear ((Tyvekl)) Tyvek disposable coveralls or equivalent and must use the appropriate HEPA-filtered dual cartridge respiratory protection.  The advantages of mini-enclosures are that they limit the spread of asbestos contamination, reduce the potential exposure of bystanders and other workers who may be working in adjacent areas, and are quick and easy to install.  The disadvantage of mini-enclosures is that they may be too small to contain the equipment necessary to create a negative-pressure within the enclosure; however, the double layer of plastic sheeting will serve to restrict the release of asbestos fibers to the area outside the enclosure.

(ii) Work practices:

(A) Before use, the mini-enclosure ((shall)) must be inspected for leaks and smoke-tested to detect breaches, and any breaches sealed.

(B) Before reuse, the interior ((shall)) must be completely washed with amended water and HEPA-vacuumed.

(C) During use, air movement ((shall)) must be directed away from the employee's breathing zone within the mini-enclosure.

(8) Alternative control methods for Class I work.  Class I work may be performed using a control method which is not referenced in subsection (2)(a) through (3)(e) of this section, or which modifies a control method referenced in subsection (2)(a) through (3)(e) of this section, if the following provisions are complied with:

(a) The control method shall enclose, contain or isolate the processes or source of airborne asbestos dust, ((or otherwise capture or redirect such dust)) before it enters the breathing zone of employees.

(b) A certified industrial hygienist or licensed professional engineer who is also qualified as a project designer as defined in WAC 296-62-07703, shall evaluate the work area, the projected work practices and the engineering controls and shall certify in writing that the planned control method is adequate to reduce direct and indirect employee exposure to below the PELs under worst-case conditions of use, and that the planned control method will prevent asbestos contamination outside the regulated area, as measured by clearance sampling which meets the requirements of EPA's Asbestos in Schools rule issued under AHERA, or perimeter monitoring which meets the criteria in subsection (6)(b)(ii) of this section.  Where the TSI or surfacing material to be removed is 25 linear or 10 square feet or less, the evaluation required in subsection (8)(b) of this section may be performed by a competent person.

(c) Before work which involves the removal of more than 25 linear or 10 square feet of thermal system insulation or surfacing material is begun using an alternative method which has been the subject of subsection (2)(a) through (3)(e) of this section required evaluation and certification, the employer shall send a copy of such evaluation and certification to the Department of Labor and Industries, Asbestos Certification Program, P.O. Box 44614, Olympia, Washington 98504-4614.  The submission shall not constitute approval by WISHA.

(d) The evaluation of employee exposure required in WAC 296-62-07712(8) must include and be based on sampling and analytical data representing employee exposure during the use of such method under the worst-case conditions and by employees whose training and experiences are equivalent to employees who are to perform the current job.

(9) Work practices and engineering controls for Class II work.

(a) All Class II work ((shall)) must be supervised by a competent person as defined in WAC 296-62-07703.

(b) For all indoor Class II jobs, where the employer has not produced a negative exposure assessment ((pursuant)) according to WAC 296-62-07709(3), or where during the job, changed conditions indicate there may be exposure above the PEL or where the employer does not remove the ACM in a substantially intact state, the employer ((shall)) must use one of the following methods to ensure that airborne asbestos does not migrate from the regulated area:

(i) Critical barriers ((shall)) must be placed over all openings to the regulated area; or

(ii) The employer ((shall)) must use another barrier or isolation method which prevents the migration of airborne asbestos from the regulated area, as verified by perimeter area monitoring or clearance monitoring which meets the criteria set out in subsection (6)(b)(ii) of this section; or

(iii) Impermeable dropcloths ((shall)) must be placed on surfaces beneath all removal activity.

(c) (Reserved.)

(d) All Class II asbestos work ((shall)) must be performed using the work practices and requirements set out above in subsection (9)(a) and (b) of this section.

(10) Additional controls for Class II work.  Class II asbestos work ((shall)) must also be performed by complying with the work practices and controls designated for each type of asbestos work to be performed, set out in this paragraph.  Where more than one control method may be used for a type of asbestos work, the employer may choose one or a combination of designated control methods.  Class II work also may be performed using a method allowed for Class I work, except that glove bags and glove boxes are allowed if they fully enclose the Class II material to be removed.

(a) For removing vinyl and asphalt flooring materials which contain ACM or for which in buildings constructed no later than 1980, the employer has not verified the absence of ACM ((pursuant)) according to WAC 296-62-07712 (10)(a)(ix).  The employer ((shall)) must ensure that employees comply with the following work practices and that employees are trained in these practices ((pursuant)) according to WAC 296-62-07722.

(i) Flooring or its backing ((shall)) must not be sanded.

(ii) Vacuums equipped with HEPA filter, disposable dust bag, and metal floor tool (no brush) ((shall)) must be used to clean floors.

(iii) Resilient sheeting ((shall)) must be removed by cutting with wetting of the snip point and wetting during delamination.  Rip-up of resilient sheet floor material is prohibited.

(iv) All scraping of residual adhesive and/or backing ((shall)) must be performed using wet methods.

(v) Dry sweeping is prohibited.

(vi) Mechanical chipping is prohibited unless performed in a negative pressure enclosure which meets the requirements of subsection (7)(a) of this section.

(vii) Tiles ((shall)) must be removed intact, unless the employer demonstrates that intact removal is not possible.

(viii) When tiles are heated and can be removed intact, wetting may be omitted.

(ix) Resilient flooring material including associated mastic and backing ((shall)) must be assumed to be asbestos-containing unless an industrial hygienist determines that it is asbestos-free using recognized analytical techniques.

(b) For removing roofing material which contains ACM the employer ((shall)) must ensure that the following work practices are followed:

(i) Roofing material ((shall)) must be removed in an intact state to the extent feasible.

(ii) Wet methods ((shall)) must be used to remove roofing materials that are not intact, or that will be rendered not intact during removal, unless such wet methods are not feasible or will create safety hazards.

(iii) Cutting machines ((shall)) must be continuously misted during use, unless a competent person determines that misting substantially decreases worker safety.

(iv) When removing built-up roofs with asbestos-containing roofing felts and an aggregate surface using a power roof cutter, all dust resulting from the cutting operation ((shall)) must be collected by a HEPA dust collector, or ((shall)) must be HEPA vacuumed by vacuuming along the cut line.  When removing built-up roofs with asbestos-containing roofing felts and a smooth surface using a power roof cutter, the dust resulting from the cutting operation ((shall)) must be collected either by a HEPA dust collector or HEPA vacuuming along the cut line, or by gently sweeping and then carefully and completely wiping up the still wet dust and debris left along the cut line.  The dust and debris ((shall)) must be immediately bagged or placed in covered containers.

(v) Asbestos-containing material that has been removed from a roof ((shall)) must not be dropped or thrown to the ground.  Unless the material is carried or passed to the ground by hand, it ((shall)) must be lowered to the ground via covered, dust-tight chute, crane or hoist:

(A) Any ACM that is not intact ((shall)) must be lowered to the ground as soon as is practicable, but in any event no later than the end of the work shift.  While the material remains on the roof it ((shall)) must either be kept wet, placed in an impermeable waste bag, or wrapped in plastic sheeting.

(B) Intact ACM ((shall)) must be lowered to the ground as soon as is practicable, but in any event no later than the end of the work shift.

(vi) Upon being lowered, unwrapped material ((shall)) must be transferred to a closed receptacle in such manner so as to preclude the dispersion of dust.

(vii) Roof level heating and ventilation air intake sources ((shall)) must be isolated or the ventilation system ((shall)) must be shut down.

(viii) Notwithstanding any other provision of this section, removal or repair of sections of intact roofing less than 25 square feet in area does not require use of wet methods or HEPA vacuuming as long as manual methods which do not render the material nonintact are used to remove the material and no visible dust is created by the removal method used.  In determining whether a job involves less than 25 square feet, the employer ((shall)) must include all removal and repair work performed on the same roof on the same day.

(c) When removing cementitious asbestos-containing siding and shingles or transite panels containing ACM on building exteriors (other than roofs, where subsection (10)(b) of this section applies) the employer ((shall)) must ensure that the following work practices are followed:

(i) Cutting, abrading or breaking siding, shingles, or transite panels, ((shall)) must be prohibited unless the employer can demonstrate that methods less likely to result in asbestos fiber release cannot be used.

(ii) Each panel or shingle ((shall)) must be sprayed with amended water prior to removal.

(iii) Unwrapped or unbagged panels or shingles ((shall)) must be immediately lowered to the ground via covered dust-tight chute, crane or hoist, or placed in an impervious waste bag or wrapped in plastic sheeting and lowered to the ground no later than the end of the work shift.

(iv) Nails ((shall)) must be cut with flat, sharp instruments.

(d) When removing gaskets containing ACM, the employer ((shall)) must ensure that the following work practices are followed:

(i) If a gasket is visibly deteriorated and unlikely to be removed intact, removal ((shall)) must be undertaken within a glove bag as described in subsection (7)(b) of this section.

(ii) (Reserved.)

(iii) The gasket ((shall)) must be immediately placed in a disposal container.

(iv) Any scraping to remove residue must be performed wet.

(e) When performing any other Class II removal of asbestos-containing material for which specific controls have not been listed in subsection (10) of this section, the employer ((shall)) must ensure that the following work practices are complied with.

(i) The material ((shall)) must be thoroughly wetted with amended water prior to and during its removal.

(ii) The material ((shall)) must be removed in an intact state unless the employer demonstrates that intact removal is not possible.

(iii) Cutting, abrading or breaking the material ((shall)) must be prohibited unless the employer can demonstrate that methods less likely to result in asbestos fiber release are not feasible.

(iv) Asbestos-containing material removed, ((shall)) must be immediately bagged or wrapped, or kept wet until transferred to a closed receptacle, no later than the end of the work shift.

(f) Alternative work practices and controls.  Instead of the work practices and controls listed in subsection (10) of this section, the employer may use different or modified engineering and work practice controls if the following provisions are complied with.

(i) The employer ((shall)) must demonstrate by data representing employee exposure during the use of such method under conditions which closely resemble the conditions under which the method is to be used, that employee exposure will not exceed the PELs under any anticipated circumstances.