AN ACT Relating to asbestos-containing building materials;
Bill Description
Concerning asbestos-containing building materials.
What this bill does Powered by Legitron
This act amends and reenacts portions of chapter 70A.450 RCW to change definitions, labeling, and management requirements for asbestos-containing building materials. It revises the statutory definition so that until January 1, 2025 a material is an asbestos-containing building material if asbestos was deliberately added in any concentration or it contains more than 1% asbestos by weight or area (measured by EPA method EPA/600/R-93/116); beginning January 1, 2025 the threshold becomes 0.1% by weight or area. It makes it unlawful, effective January 1, 2014, for a manufacturer, wholesaler, or distributor to provide for sale an asbestos-containing building material that is not labeled as required by RCW 70A.450.040 or equivalent federal labeling; the stock-on-hand rule applies to material held after December 31, 2013. The bill lists exemptions to labeling and other requirements (already-installed materials, materials solely for U.S. military purposes, commercial aggregates with ≤0.25% asbestos, retailers that do not manufacture/wholesale/distribute) and allows the Department of Ecology to grant written labeling exemptions up to three years for technical infeasibility or undue economic hardship.
The act also imposes procedural requirements on owners of facilities engaged in activities in NAICS codes 31–33: an initial inspection to determine whether asbestos-containing building materials are present, five-year reinspection if such materials are found, and inspections must be conducted by persons meeting federal TSCA accreditation requirements. Those owners must develop, maintain, and update an asbestos management plan (kept at the facility, updated every five years and after material changes) containing specified elements (facility ID, inspection dates, reinspection plan, blueprints showing material locations, response actions, laboratory analysis, designated contact, and worker notification steps). The management plan must be made available on request to the Department of Ecology, Department of Labor and Industries, local air pollution control authorities created under the chapter, and interested parties. Failure to create or maintain a required plan is treated as a violation of chapter 49.17 RCW and is subject to penalties under RCW 49.17.180 and 49.17.190.
The extracted text references several provisions that are not included here: the specific labeling content and format in RCW 70A.450.040; details about creation or authority of local air pollution control authorities under this chapter; which specific industries are covered by NAICS codes 31–33; the federal accreditation standards in 15 U.S.C. §2646; and the nature or amounts of penalties under RCW 49.17.180 and 49.17.190. These items are uncertain from the provided text.
Why it matters Powered by Legitron
If enacted, more building materials will be treated as asbestos-containing because the cutoff for what counts drops from greater than 1% to 0.1% on January 1, 2025, which will broaden who must label, avoid using, inspect for, and manage those materials. Manufacturers, wholesalers, and distributors already had to label asbestos-containing building materials since 2014 or seek time-limited exemptions; with the lower threshold they will likely need to test more products, label more stock (or apply for exemptions), and face higher compliance costs. Owners of manufacturing and industrial facilities (NAICS 31–33) will likely incur recurring costs and duties for accredited inspections every five years (and more often if changes occur), preparing and updating an asbestos management plan kept on site and shared with the Department of Ecology, Labor and Industries, and local air authorities, and using labs to analyze materials; failure to maintain plans can lead to enforcement under chapter 49.17 RCW.
The practical result is shifted compliance burden and likely higher monitoring and documentation costs for producers and industrial facility owners, while retailers that do not distribute or manufacture are exempt and commercial aggregates have limited exemptions. Important details that affect costs and enforcement—exact labeling text, how local air authorities are organized, the federal accreditation standards, and the specific penalty amounts—are not included in the provided facts, so the precise administrative and financial impact cannot be fully determined from the text available.