141-E:3 Duties. –
The commissioner shall:
I. License contractors.
II. Test persons and provide certificates to those who are found competent to engage in either asbestos abatement activities, school asbestos abatement planning activities, or activities involving the disturbance of asbestos at asbestos disposal sites, or any combination thereof.
III. Collect fees for the issuance of licenses and certificates.
IV. Provide asbestos health risk information to workers who are at risk of exposure to asbestos material and to the general public on the health risks posed by asbestos.
V. Conduct such medical and scientific studies of workers presently or previously exposed to asbestos material as necessary to fully understand, define, and describe the actual health consequences of such exposure in their workplaces. The commissioner shall strive to determine before undertaking such studies that similar research has not already been performed or is not currently under review by other agencies.
VI. Identify and order the abatement of RACM found in public buildings and facilities, schools, or rental dwellings which exceeds the exposure standards established by this chapter.
VII. Establish safe worker practices to protect the health of asbestos abatement workers where not preempted by the Occupational Safety and Health Act.
VIII. Establish practices and standards necessary to control the release of asbestos fibers during asbestos abatement activities.
IX. Establish practices and standards necessary to control the release of asbestos fibers to the ambient air during processing, transport, and disposal activities.
X. Develop and implement an inspection and enforcement program specific to asbestos abatement activities.
XI. Establish a notification program for all asbestos abatement activities.
XII. Collect fees for asbestos abatement notification.
XIII. Establish, in consultation with the department pursuant to RSA 125-H:3:
(a) Measures for remediating asbestos disposal sites to prevent human exposure to asbestos at or from such sites; and
(b) Best management practices for monitoring and maintaining covered asbestos disposal sites, for the purpose of assisting property owners and local health officers to minimize the risk of human exposure to asbestos at or from such sites.
XIV. Administer a program for owners to remediate asbestos disposal sites in accordance with the measures established under subparagraph XIII(a). The program shall include, but not be limited to, provisions for:
(a) Initiating and completing site investigations;
(b) Developing and implementing remedial action plans;
(c) Developing and implementing activity and property use restrictions as appropriate; and
(d) Documenting and certifying completion of the approved remedial action plan.
XV. In cooperation with local health officials, monitor the condition of asbestos disposal sites to assure conditions are protective of human health and comply with the requirements of this chapter.
XVI. Investigate reports by local health officials of newly discovered asbestos disposal sites.
XVII. Maintain a registry of asbestos disposal sites, including, but not limited to:
(a) Owner name and mailing address;
(b) Information and maps locating the disposal area;
(c) Type, depth, and areal extent of cover materials;
(d) Site inspection data; and
(e) Status of site remediation.
XVIII. In cooperation with local health officials, respond to urgent conditions involving the disturbance of asbestos at asbestos disposal sites.
XIX. In cooperation with local health officials, establish measures for assuring compliance with activity and property use restrictions relevant to asbestos disposal sites.
XX. Consult with local health officials within the affected communities for the purpose of determining appropriate and effective means for implementing the best management practices established pursuant to RSA 141-E:3, XIII(b), and provide technical assistance related thereto, including adoption of local ordinances pursuant to RSA 147:1.
XXI. Establish recommended training, licensure, and certification requirements for contractors and persons engaging in activities involving the disturbance of asbestos at asbestos disposal sites, for implementation by the commissioner, pursuant to RSA 141-E:4, XV.
XXII. Have authority to apply for and accept federal funds or other assistance for the purpose of remediating and otherwise managing asbestos disposal sites.
XXIII. Give due consideration to EPA document 560/5-85-024 June 1985 or later revision, "Guidance for Controlling Asbestos Containing Materials in Buildings."