This bill amends and reenacts parts of chapter RCW 70A.450 to change definitions, thresholds, labeling, inspection, and management-plan requirements for asbestos-containing and naturally occurring fibrous silicate materials. It defines "asbestos" by listing specific asbestiform minerals (including chrysotile, amosite, crocidolite, tremolite, actinolite, and anthophyllite) with CAS numbers, and defines "asbestos-containing building material" as any building material to which asbestos is deliberately added in any concentration or that contains more than 0.25 percent asbestos by weight or area as measured by EPA method EPA/600/R-93/116 (July 1993). The bill requires manufacturers, wholesalers, and distributors to label asbestos-containing building materials (labeling applies to stock-on-hand after December 31, 2013), exempts retailers who do not manufacture/wholesale/distribute, and exempts commercial aggregates and asphalt/concrete materials containing naturally occurring fibrous silicate material or 0.25 percent or less asbestos.
The bill prohibits use of asbestos-containing building materials in new construction or renovations except for specified exemptions, requires owners of facilities in NAICS codes 31–33 to inspect for asbestos-containing building materials (initial inspection and reinspection every five years if asbestos is found), and requires creation and maintenance of asbestos management plans that must be updated every five years and after material changes. Inspections must be performed by persons meeting TSCA accreditation requirements (15 U.S.C. § 2646(b) or (c)), laboratories that analyze samples must be identified in management plans, and plans must be made available on request to the Department of Ecology, Department of Labor and Industries, and local air pollution control authorities. Failure to create or maintain a management 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. Departmental labeling exemptions may be granted for up to three years, and the bill references June 11, 2020 for certain grandfathering exemptions.
The bill amends RCW 70A.450.030, 70A.450.060, and 70A.450.070 and reenacts and amends RCW 70A.450.020. Important contextual text is not included here: the specific labeling language in RCW 70A.450.040 is not provided, the contents of the cited federal regulatory and TSCA accreditation provisions are not included, the practical meaning of NAICS codes 31–33 is not explained in this text, and the legal effect or reason for the June 11, 2020 date for grandfathering exemptions is not stated.
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If enacted, more building products will likely be treated as asbestos-containing because the bill classifies any material with asbestos deliberately added at any level or with more than 0.25 percent asbestos (by EPA test) as asbestos-containing. Manufacturers, wholesalers and distributors will need to test, label, or stop selling those products unless they fit narrow exemptions (for example certain commercial aggregates or asphalt/concrete with low natural fibers), so expect added testing, labeling costs, possible product reformulation or removal from the market, and increased compliance work around sales held after December 31, 2013. Retailers who do not make or distribute products are largely unaffected by the labeling rule.
Owners of manufacturing and related facilities (NAICS 31–33) will face new ongoing duties: prompt inspections for asbestos-containing materials, hiring TSCA-accredited inspectors, creating and updating asbestos management plans every five years or after changes, and making those plans available to the Department of Ecology, Labor and Industries, local air authorities, and workers. That will introduce regular inspection and administrative costs, potential project delays if asbestos is found, and exposure to penalties under chapter 49.17 for failing to comply. Important details that affect implementation—exact labeling text, the precise TSCA accreditation standards, the full scope of NAICS 31–33, and how the June 11, 2020 grandfathering is applied—are not included here and leave some practical outcomes uncertain.