This bill amends existing Washington statutes (updates to RCW 70A.450.020 and amendments to RCW 70A.450.030, .060, and .070) to change how asbestos-containing building materials are defined and regulated. It sets the asbestos-containing building material threshold at 0.25 percent asbestos by weight or area as determined using EPA method EPA/600/R-93/116 (July 1993), defines related terms (including specific asbestiform minerals with CAS numbers), and references federal labeling rules (40 C.F.R. part 763, subpart I). The bill makes it unlawful, effective January 1, 2014, to manufacture, wholesale, or distribute asbestos-containing building materials that are not labeled as required by state or federal law, with the labeling requirement applying to stock on hand after December 31, 2013; retailers who do not manufacture, wholesale, or distribute are exempt from the chapter. The bill creates procedural requirements for facilities in industries classified under NAICS codes 31–33: owners must conduct initial inspections for asbestos-containing building materials, reinspect every five years when asbestos is found, and develop, maintain, and update an asbestos management plan that must be made available on request to the Department of Ecology, Department of Labor and Industries, local air pollution control authorities, and interested parties. Inspections must be performed by persons meeting the federal Toxic Substances Control Act accreditation requirements (15 U.S.C. § 2646(b) or (c)). Failure to create or maintain a required plan is a violation of chapter 49.17 RCW and is subject to the penalties in RCW 49.17.180 and 49.17.190. The bill also allows the Department of Ecology to grant labeling exemptions for up to three years for technical infeasibility or undue economic hardship, and it exempts certain commercial aggregates or asphalt and concrete materials containing naturally occurring fibrous silicate material or asbestos at or below the 0.25 percent threshold from some labeling, use, inspection, and management plan requirements. The extracted text references additional provisions (for example RCW 70A.450.040, specific NAICS descriptions, and detailed accreditation standards) that are not included here, so those details and any exceptions described elsewhere in the chapter are unclear from the provided facts.

If enacted, manufacturers, wholesalers, and distributors of building materials will need to treat any product testing above 0.25 percent asbestos as an asbestos-containing material that must be labeled, and they cannot sell unlabeled asbestos-containing materials after the end-of-2013 stock deadline without risking enforcement. Owners of facilities in the manufacturing sectors covered by NAICS 31–33 will likely need to pay for accredited inspections, create and update asbestos management plans, and re-inspect every five years; failing to maintain plans can lead to penalties. The Department of Ecology will take on new administrative work to review exemption requests (which can be granted for up to three years for technical infeasibility or undue economic hardship) and to collect plans, while the Department of Labor and Industries and local air authorities gain formal access to those plans for oversight. These changes will probably increase compliance costs for affected businesses through labeling, inventory adjustments, hiring accredited inspectors, and preparing management plans, and they will reduce the options for using materials that test above the 0.25 percent threshold in new construction or renovations unless exceptions apply. Products like commercial aggregates or materials testing at 0.25 percent or below are exempt from some requirements, so their suppliers face less impact. Important details needed to judge exact costs and coverage are missing here: the specific labeling rules referenced, the text of the construction-use exceptions, and the precise scope of the NAICS 31–33 facilities.