141-E:4 Rulemaking. –
The commissioner shall adopt rules, pursuant to RSA 541-A, relative to:
I. The definition of major and minor asbestos abatement projects.
II. The necessary training, licensure, and certification requirements applicable to major and minor asbestos abatement projects. Such training, licensure, and certification requirements shall be at least as stringent as those of the federal Environmental Protection Agency's model plan set forth in 40 CFR 763, Subpart E, Appendix C.
III. Safe worker practices under RSA 141-E:3, VII.
IV. Closure of places contaminated with RACM under RSA 141-E:7. The use of the word "contaminated" when related to airborne asbestos shall be consistent with asbestos exposure standards under RSA 141-E:6.
V. Notice and appeal procedures under RSA 141-E:7.
VI. Procedures for the inspection of buildings, including visual assessment criteria for surfacing materials and pipe and boiler insulation, and air monitoring standards consistent with RSA 141-E:7 and the issuance of orders to take corrective actions to mitigate exposure to RACM under RSA 141-E:8.
VII. The licensure of contractors, employers or other individuals undertaking asbestos abatement under RSA 141-E:10. Such licensure requirements shall be at least as stringent as those of the federal Environmental Protection Agency's model plan set forth in 40 CFR 763, Subpart E, Appendix C.
VIII. The certification and training of employees or other individuals engaged in asbestos abatement and school asbestos abatement planning under RSA 141-E:11. Such certification and training requirements shall be at least as stringent as those of the federal Environmental Protection Agency's model plan set forth in 40 CFR 763, Subpart E, Appendix C.
IX. The schedule and collection of fees under RSA 141-E:12, I.
X. The issuance of notices of violation and orders of abatement under RSA 141-E:14.
XI. The fee structure to defray the cost of compliance monitoring under RSA 141-E:7, I and II; 141-E:8, I and II; 141-E:10; 141-E:11; and 141-E:13.
XII. Procedures for exemption and waiver from the requirements of RSA 141-E:10 and RSA 141-E:11.
XIII. A schedule of administrative fines which may be imposed under RSA 141-E:16 for violation of this chapter or the rules adopted pursuant to it.
XIV. Procedures for notice and hearing prior to the imposition of an administrative fine imposed under RSA 141-E:16.
XV. The necessary training, licensure, and certification requirements applicable to contractors and persons engaged in activities involving the disturbance of asbestos at asbestos disposal sites, such requirements to be determined based on the recommendations provided by the commissioner pursuant to RSA 141-E:3, XXI.
XVI. Establishing work practices and engineering control standards for asbestos abatement activities, including the following:
(a) Establishing standards and practices for minimizing the release of asbestos fibers during building maintenance, construction, renovation, demolition, or other similar activities.
(b) Developing an inspection program of buildings, facilities, and property for the purpose of determining compliance with the rules adopted under this paragraph.
(c) Adopting, in whole or in relevant part, the federal national emission standards for hazardous air pollutants (40 CFR sec. 61, m).
(d) Establishing the schedule and collection of fees under RSA 141-E:12, II.
(e) Establishing a fee structure to defray the cost of compliance monitoring under RSA 141-E:9 and RSA 141-E:13.
XVII. Establishing work practices, engineering control standards, and emission standards necessary to control the release of asbestos to the ambient air during processing, transport, and disposal activities.
XVIII. Administering a program for the management of asbestos disposal sites, pursuant to RSA 141-E:3, XIII-XXII and 40 CFR 61.151, as formerly administered under RSA 149-M.