CHAPTER
Env-A 1800 ASBESTOS MANAGEMENT AND
CONTROL
Statutory
Authority: RSA 141-E:4, I and II
REVISION NOTE #1:
Document #9298, effective 10-21-08,
made extensive changes to the wording, format, structure, and numbering of
rules in Env-A 1800 by including and renumbering rules in He-P 5000, entitled
“Asbestos Management Rules”, originally filed by the Department of Health and
Human Services. He-P 5000 had been
transferred to the Department of Environmental Services by 2008, 249:28, effective
9-12-05.
Document #9298 superseded all prior
filings for rules in He-P 5000 and Env-A 1800, including Document #8304, which
had readopted Env-A 1800 with amendments effective 3-15-05. Document #8304 had included and renumbered
many definitions formerly in Env-A 100 as filed under Document #6482-A,
effective 4-1-97. The filings prior to
Document #9238 affecting rules numbered He-P 5000 and Env-A 1800 included the
following documents:
He-P 5000
#4269, eff 6-24-87
#4951, eff 10-11-90
#5982, eff 2-2-95
#6369, EMERGENCY, eff 11-12-96,
EXPIRED 3-12-97
#6557, eff 8-15-97
#7326, INTERIM, eff 7-28-00, EXPIRED
1-24-01
#7467, eff 3-23-01
Env-A 1800
#6482-B, eff 4-1-97 (formerly Env-C
400)
#8304, eff 3-15-05
REVISION NOTE #2:
Document
#12172, effective 5-5-17, adopted, readopted, readopted with amendments, or
repealed all of the rules in Chapter Env-A 1800, which involved extensive
renumbering within the chapter. Document
#12172 replaces all prior filings for rules in the former Chapter Env-A 1800.
Document #10695,
effective 10-18-14, was the only prior filing affecting rules in the former
Chapter Env-A 1800 since Document #9298, effective 10-21-08. Those rules in the former Env-A 1800 which
were not affected by Document #9298 did not expire on 10-21-16 since they were
extended pursuant to RSA 541-A:14-a until replaced by the rules in Document
#12172, effective 5-5-17.
PART Env-A 1801 PURPOSE; SCOPE; SUBMISSIONS; INCORPORATION OF
FEDERAL REQUIREMENTS
Env-A
1801.01 Purpose.
(a) The purpose of this chapter is to protect the
health of the general public by ensuring that asbestos is managed in a manner
that prevents the release of asbestos fibers to the environment and human
exposure thereto.
(b) It is intended that the rules in this chapter
be used in conjunction with other federal, state, and local requirements for
managing and controlling asbestos, including but not limited to:
(1)
Administrative rules established by the department pursuant to RSA
149-M; and
(2) Federal
regulations, including those relating to worker safety, established by:
a. U.S.
Occupational Safety and Health Administration (OSHA) in 29 CFR 1910 and 29 CFR
1926; and
b. U.S.
Environmental Protection Agency (EPA) in 40 CFR 61 and 40 CFR 763.
Source. (See Revision Note #1 at chapter heading for
Env-A 1800) #9298, eff 10-21-08; ss by #12172, eff 5-5-17 (See Revision Note #2
at chapter heading for Env-A 1800)
Env-A
1801.02 Applicability. Subject to Env-A 1801.03, this chapter shall
apply to the following:
(a) Any person who owns or operates any facility
that has regulated asbestos-containing material (RACM) on the premises;
(b) Any person involved in asbestos abatement
activities, including analytical laboratories, consultants, asbestos abatement
contractors, and asbestos abatement workers;
(c) Any source, other than an inactive waste
disposal site that ceased operating by July 10, 1981, subject to 40 CFR 61,
Subpart M;
(d) Any structure, installation, or building
previously subject to this chapter, regardless of its current use or function;
(e) Training,
licensure, and certification of persons who engage in:
(1)
Asbestos abatement activities, as defined by RSA 141-E:2, II;
(2)
School asbestos abatement planning activities, as defined by RSA
141-E:2, VIII; and
(3)
Activities involving the disturbance of asbestos at asbestos disposal
sites as defined by RSA 141-E:2, III; and
(f) Provisions for inspection, compliance
monitoring, and enforcement by the department.
Source. (See Revision Note #1 at chapter heading for
Env-A 1800) #9298, eff 10-21-08; ss by #12172, eff 5-5-17 (See Revision Note #2
at chapter heading for Env-A 1800)
Env-A
1801.03 Homeowners.
(a) The owner of a private, single-family
residence occupied by the owner and not used as a rental dwelling, who performs
asbestos abatement activities on that residence shall not be subject to Env-A 1800,
except as noted in (b), below, provided:
(1) The
owner personally performs the work; and
(2) The
work is not done within 6 months of selling the home.
(b) The owner of a private, single-family
residence occupied by the owner who performs asbestos abatement activities on
that residence shall comply with Env-A 1804.08, Env-A 1805.07, and Env-A
1805.08(a), (c), and (d).
Source. (See Revision Note #1 at chapter heading for Env-A 1800) #9298, eff 10-21-08; ss by #12172, eff 5-5-17 (See Revision Note #2 at chapter heading for Env-A 1800)
Env-A
1801.04 Submissions To and Other
Contact With DES.
(a) Any application, request, report,
notification, or other information required or allowed by this chapter to be
provided to the department in writing shall be sent or delivered as specified
in Table 1801-1:
Table 1801-1: Methods of Submission with Address/Other Contact
Information
Method of Submission |
Address |
First-class mail |
P.O. Box 95, Concord, NH 03302-0095 |
Delivery (commercial service or in-hand) |
29 Hazen Drive, Concord, NH |
(b) Any notification required or allowed by this chapter
to be provided to the department by telephone, fax, or email shall be directed
as specified in Table 1801-2:
Table 1801-2:
Contact Information for Telephone and Electronic Communications
Method of Contact |
Contact Information |
Email |
asbestos@des.nh.gov |
Telephone |
603-271-1373 |
Fax |
603-271-1381 |
Source. (See Revision Note #1 at chapter heading for Env-A 1800) #9298, eff 10-21-08; ss by #12172, eff 5-5-17 (See Revision Note #2 at chapter heading for Env-A 1800)
Env-A
1801.05 Federal Definitions
Incorporated. Terms used in this
chapter that are defined in 40 CFR 61.141 shall be as reprinted in Appendix D,
except for the following:
(a) Asbestos;
(b) Facility;
(c) Regulated asbestos-containing material
(RACM); and
(d) Remove.
Source. (See Revision Note #1 at chapter heading for Env-A 1800) #9298, eff 10-21-08; ss by #12172, eff 5-5-17 (See Revision Note #2 at chapter heading for Env-A 1800)
Env-A
1801.06 National Emission Standards
For Asbestos.
(a) Under the authority of RSA 141-E:4, XVI(c),
the O/O of a facility subject to this chapter shall comply with 40 CFR 61,
subpart M, as in effect on July 1, 2015 except for the following provisions of
40 CFR:
(1)
61.145(c)(1)(i);
(2)
61.145(c)(1)(ii);
(3)
61.145(c)(1)(iv);
(4)
61.149(c)(2);
(5)
61.150(a)(4);
(6)
61.150(a)(5);
(7)
61.150(b)(3);
(8) 61.151
with respect to disposal sites not operated after July 9, 1981;
(9)
61.151(c);
(10)
61.152(b)(3);
(11)
61.154(c);
(12)
61.154(d);
(13)
61.155(a); and
(14)
61.157.
Source. (See Revision Note #1 at chapter heading for Env-A 1800) #9298, eff 10-21-08; ss by #12172, eff 5-5-17 (See Revision Note #2 at chapter heading for Env-A 1800)
Env-A
1801.07 AHERA Regulations. An individual who engages in any school
asbestos abatement planning or a contractor who engages in an asbestos
abatement project in a school shall comply with the provisions of 40 CFR 763,
subpart E, as in effect on July 1, 2015, except for the provisions of 40 CFR
763.97 and 763.98.
Source. (See Revision Note #1 at chapter heading for Env-A 1800) #9298, eff 10-21-08; ss by #12172, eff 5-5-17 (See Revision Note #2 at chapter heading for Env-A 1800)
PART Env-A
1802 DEFINITIONS
Env-A
1802.01 “Aggressive sampling” means air
sampling which takes place while air is being physically agitated, which, upon
analysis, is likely to give the highest airborne concentration of asbestos.
Source. (See Revision Note #1 at chapter heading for Env-A 1800) #9298, eff 10-21-08; ss by #12172, eff 5-5-17 (See Revision Note #2 at chapter heading for Env-A 1800)
Env-A 1802.02 “Amended water”
means water to which a chemical wetting agent has been added to improve
penetration.
Source. (See Revision Note #1 at chapter heading for Env-A 1800) #9298, eff 10-21-08; ss by #12172, eff 5-5-17 (See Revision Note #2 at chapter heading for Env-A 1800)
Env-A
1802.03 “Analytical service” means any
firm or individual who analyzes bulk or air samples in order to determine
asbestos content, asbestos fiber counting, or total fiber counting.
Source. (See Revision Note #1 at chapter heading for Env-A 1800) #9298, eff 10-21-08; ss by #12172, eff 5-5-17 (See Revision Note #2 at chapter heading for Env-A 1800)
Env-A
1802.04 “Approved training provider”
means a training provider who offers asbestos abatement training courses that
have been approved by the EPA, a state accreditation program which itself is
accredited by the EPA, or by the department.
Source. (See Revision Note #1 at chapter heading for Env-A 1800) #9298, eff 10-21-08; ss by #12172, eff 5-5-17 (See Revision Note #2 at chapter heading for Env-A 1800)
Env-A 1802.05 “Asbestos” means “asbestos” as defined
in RSA 141-E:2, I, as reprinted in Appendix C.
Source. (See Revision Note #1 at chapter heading for Env-A 1800) #9298, eff 10-21-08; ss by #12172, eff 5-5-17 (See Revision Note #2 at chapter heading for Env-A 1800)
Env-A 1802.06 “Asbestos abatement” means “asbestos
abatement” as defined in RSA 141-E:2, II, as reprinted in Appendix C.
Source. (See Revision Note #1 at chapter heading for Env-A 1800) #9298, eff 10-21-08; ss by #12172, eff 5-5-17 (See Revision Note #2 at chapter heading for Env-A 1800)
Env-A 1802.07 “Asbestos abatement entity” means any legal
entity, including but not limited to any business concern, governmental unit or
subunit, religious or social organization, or union, that has at least one
officer, employee, or member involved in any major or minor asbestos abatement
project.
Source. (See Revision Note #1 at chapter heading for Env-A 1800) #9298, eff 10-21-08; ss by #12172, eff 5-5-17 (See Revision Note #2 at chapter heading for Env-A 1800)
Env-A
1802.08 “Asbestos abatement project
designer” means an individual who is certified pursuant to RSA 141-E:11 to:
(a) Conduct, plan, design, and develop procedures
for asbestos abatement projects; or
(b) Provide other substantive direction or
criteria for asbestos abatement projects.
Source. (See Revision Note #1 at chapter heading for Env-A 1800) #9298, eff 10-21-08; ss by #12172, eff 5-5-17 (See Revision Note #2 at chapter heading for Env-A 1800)
Env-A
1802.09 “Asbestos abatement supervisor”
means an individual who is certified pursuant to Env-A 1810.14 to direct and
control the asbestos abatement work of an asbestos abatement worker.
Source. (See Revision Note #1 at chapter heading for Env-A 1800) #9298, eff 10-21-08; ss by #12172, eff 5-5-17 (See Revision Note #2 at chapter heading for Env-A 1800)
Env-A
1802.10 “Asbestos abatement worker”
means an individual who is certified pursuant to Env-A 1810.15
to perform asbestos abatement work under the supervision of an asbestos
abatement supervisor.
Source. (See Revision Note #1 at chapter heading for Env-A 1800) #9298, eff 10-21-08; ss by #12172, eff 5-5-17 (See Revision Note #2 at chapter heading for Env-A 1800)
Env-A 1802.11 “Asbestos-containing material (ACM)” means
any material that contains any type of asbestos in an amount greater than one
percent by weight, area, or volume, either alone or mixed with other fibrous or
non-fibrous materials.
Source. (See Revision Note #1 at chapter heading for Env-A 1800) #9298, eff 10-21-08; ss by #12172, eff 5-5-17 (See Revision Note #2 at chapter heading for Env-A 1800)
Env-A
1802.12 “Asbestos disposal site” means
“asbestos disposal site” as defined in RSA 141-E:2, III, as reprinted in
Appendix C.
Source. (See Revision Note #1 at chapter heading for Env-A 1800) #9298, eff 10-21-08; ss by #12172, eff 5-5-17 (See Revision Note #2 at chapter heading for Env-A 1800)
Env-A 1802.13 “Asbestos Hazard Emergency Response Act
(AHERA)” means the Asbestos Hazard Emergency Response Act, Public Law 99-519,
promulgated by the U.S. Congress on October 22, 1986.
Source. (See Revision Note #1 at chapter heading for Env-A 1800) #9298, eff 10-21-08; ss by #12172, eff 5-5-17 (See Revision Note #2 at chapter heading for Env-A 1800)
Env-A 1802.14 “Asbestos inspector” means an individual who
is capable of identifying asbestos hazards in a commercial, private, or
residential structure, and who has completed, at a minimum, a training course
for asbestos inspectors meeting the requirements of 40 CFR 763, subpart E,
appendix C, section I:B.3.
Source. (See Revision Note #1 at chapter heading for Env-A 1800) #9298, eff 10-21-08; ss by #12172, eff 5-5-17 (See Revision Note #2 at chapter heading for Env-A 1800)
Env-A
1802.15 “Asbestos management planner”
means an individual who is certified pursuant to RSA 141-E:11 to assess the
health hazard posed by ACM, determine the appropriate response action, and
develop a schedule for implementing a response action.
Source. (See Revision Note #1 at chapter heading for Env-A 1800) #9298, eff 10-21-08; ss by #12172, eff 5-5-17 (See Revision Note #2 at chapter heading for Env-A 1800)
Env-A
1802.16 “Authorized representative”
means employees of the department, local government, or others as designated by
the commissioner pursuant to RSA 141-E:13.
Source. (See Revision Note #1 at chapter heading for Env-A 1800) #9298, eff 10-21-08; ss by #12172, eff 5-5-17 (See Revision Note #2 at chapter heading for Env-A 1800)
Env-A
1802.17 “Building owner” means the
person in whom legal or beneficial title to a facility is vested. The term includes a duly-authorized
representative of the building owner.
Source. (See Revision Note #1 at chapter heading for Env-A 1800) #9298, eff 10-21-08; ss by #12172, eff 5-5-17 (See Revision Note #2 at chapter heading for Env-A 1800)
Env-A
1802.18 “Clean room” means an
uncontaminated area or room which is part of the worker decontamination
enclosure system and includes storage of workers’ street clothes and clean
protective equipment.
Source. (See Revision Note #1 at chapter heading for Env-A 1800) #9298, eff 10-21-08; ss by #12172, eff 5-5-17 (See Revision Note #2 at chapter heading for Env-A 1800)
Env-A 1802.19 “Contractor” means “contractor” as defined in
RSA 141-E:2, IV, as reprinted in Appendix C.
Source. (See Revision Note #1 at chapter heading for Env-A 1800) #9298, eff 10-21-08; ss by #12172, eff 5-5-17 (See Revision Note #2 at chapter heading for Env-A 1800)
Env-A
1802.20 “Crumb” means a particle that is
large enough to be readily separately visible and reducible to loose powder or
loose fibers by hand pressure.
Source. (See Revision Note #1 at chapter heading for Env-A 1800) #9298, eff 10-21-08; ss by #12172, eff 5-5-17 (See Revision Note #2 at chapter heading for Env-A 1800)
Env-A 1802.21 “Department” means the department of
environmental services.
Source. (See Revision Note #1 at chapter heading for Env-A 1800) #9298, eff 10-21-08; ss by #12172, eff 5-5-17 (See Revision Note #2 at chapter heading for Env-A 1800)
Env-A 1802.22 “Emergency asbestos abatement project” means
any asbestos abatement activity requiring immediate action due to public health
reasons or safety reasons or economic hardship, which was not planned but
results from a sudden, unexpected event.
The term includes activities necessitated by non-routine failures of
asbestos-containing equipment, the repair of which would require asbestos
abatement.
Source. (See Revision Note #1 at chapter heading for Env-A 1800) #9298, eff 10-21-08; ss by #12172, eff 5-5-17 (See Revision Note #2 at chapter heading for Env-A 1800)
Env-A 1802.23 “Encapsulant” means a material that is
applied to an ACM in order to prevent the ACM or any of its components from
being exposed to ambient conditions.
Source. (See Revision Note #1 at chapter heading for Env-A 1800) #9298, eff 10-21-08; ss by #12172, eff 5-5-17 (See Revision Note #2 at chapter heading for Env-A 1800)
Env-A 1802.24 “Encapsulation” means the application of an
encapsulant to ACM to control the release of asbestos fibers into the air,
either by using bridging encapsulants, which create a membrane over the surface
of the ACM, or by using penetrating encapsulants, which penetrate the ACM and
bind its components together.
Source. (See Revision Note #1 at chapter heading for Env-A 1800) #9298, eff 10-21-08; ss by #12172, eff 5-5-17 (See Revision Note #2 at chapter heading for Env-A 1800)
Env-A 1802.25 “EPA-approved training course” means any
training course that has received EPA approval, as published in the “National
Directory of AHERA Accredited Courses” (NDAAC), for the purposes of providing
training to fulfill any license or certification requirement under these rules.
Source. (See Revision Note #1 at chapter heading for Env-A 1800) #9298, eff 10-21-08; ss by #12172, eff 5-5-17 (See Revision Note #2 at chapter heading for Env-A 1800)
Env-A 1802.26 “Equipment room” means a contaminated area or
room which is part of the worker decontamination enclosure system and which
includes the storage of contaminated clothing and equipment.
Source. (See Revision Note #1 at chapter heading for Env-A 1800) #9298, eff 10-21-08; ss by #12172, eff 5-5-17 (See Revision Note #2 at chapter heading for Env-A 1800)
Env-A
1802.27 “Facility” means any
institutional, commercial, public, or private building or structure, work
place, ship, installation, utility infrastructure, active waste disposal site,
inactive waste disposal site operated after July 9, 1981, or rental dwelling.
Source. (See Revision Note #1 at chapter heading for Env-A 1800) #9298, eff 10-21-08; ss by #12172, eff 5-5-17 (See Revision Note #2 at chapter heading for Env-A 1800)
Env-A 1802.28 “HEPA filtration” means high efficiency
particulate air filtration capable of filtering all particles larger than 0.3
micron with 99.97 percent efficiency.
Source. (See Revision Note #1 at chapter heading for Env-A 1800) #9298, eff 10-21-08; ss by #12172, eff 5-5-17 (See Revision Note #2 at chapter heading for Env-A 1800)
Env-A
1802.29 “License holder” means the
individual or legal entity whose name appears on the license.
Source. (See Revision Note #1 at chapter heading for Env-A 1800) #9298, eff 10-21-08; ss by #12172, eff 5-5-17 (See Revision Note #2 at chapter heading for Env-A 1800)
Env-A 1802.30 “Loose” means subject to movement by or in
air, such as powder or fibers which can easily be blown or shaken from the
hand.
Source. (See Revision Note #1 at chapter heading for Env-A 1800) #9298, eff 10-21-08; ss by #12172, eff 5-5-17 (See Revision Note #2 at chapter heading for Env-A 1800)
Env-A 1802.31 “Maintenance worker” means an individual who
engages in work activities designed or intended to contribute to the on-going
routine maintenance of a facility, including but not limited to building
maintenance, electrical work, plumbing, carpentry, masonry, custodial services,
and heating services, and whose primary occupation is not asbestos abatement.
Source. (See Revision Note #1 at chapter heading for Env-A 1800) #9298, eff 10-21-08; ss by #12172, eff 5-5-17 (See Revision Note #2 at chapter heading for Env-A 1800)
Env-A 1802.32 “Major asbestos abatement project - Class N”
means any asbestos abatement project that affects 260 linear feet of asbestos
surface on pipes or ducts, 160 square feet of asbestos-containing building
material on the surface of structures other than pipes or ducts, or 35 cubic
feet or more of RACM.
Source. (See Revision Note #1 at chapter heading for Env-A 1800) #9298, eff 10-21-08; ss by #12172, eff 5-5-17 (See Revision Note #2 at chapter heading for Env-A 1800)
Env-A
1802.33 “Major asbestos abatement
project - Class S demolition” means any asbestos abatement project that affects
less than 260 linear feet of asbestos surface on pipes or ducts, 160 square
feet of asbestos-containing building material on the surface of structures
other than pipes or ducts, or 35 cubic feet of RACM, and that occurs within the
context of a demolition as defined by this part.
Source. (See Revision Note #1 at chapter heading for Env-A 1800) #9298, eff 10-21-08; ss by #12172, eff 5-5-17 (See Revision Note #2 at chapter heading for Env-A 1800)
Env-A
1802.34 “Major asbestos abatement
project - Class S renovation” means any asbestos abatement project involving
less than 260 linear feet of asbestos surface on pipes or ducts, 160 square
feet of asbestos-containing building material on the surface of structures
other than pipes or ducts, or 35 cubic feet of RACM, but more than 10 linear
feet, 25 square feet or 3 cubic feet, and that occurs within the context of a
renovation as defined by this part.
Source. (See Revision Note #1 at chapter heading for Env-A 1800) #9298, eff 10-21-08; ss by #12172, eff 5-5-17 (See Revision Note #2 at chapter heading for Env-A 1800)
Env-A 1802.35 “Manager” means any person who is responsible
for the control, operation, or maintenance of a building, facility, school, or
rental dwelling which is owned by another person.
Source. (See Revision Note #1 at chapter heading for Env-A 1800) #9298, eff 10-21-08; ss by #12172, eff 5-5-17 (See Revision Note #2 at chapter heading for Env-A 1800)
Env-A 1802.36 “Minor asbestos abatement project” means any
asbestos abatement renovation activity which encompasses not more than 10
linear feet of asbestos surface on pipes or ducts, 25 square feet of asbestos-containing
building material on the surface of structures other than pipes or ducts, or 3
cubic feet of RACM. The term does not
include larger projects that are divided into smaller segments.
Source. (See Revision Note #1 at chapter heading for Env-A 1800) #9298, eff 10-21-08; ss by #12172, eff 5-5-17 (See Revision Note #2 at chapter heading for Env-A 1800)
Env-A 1802.37 “Model accreditation plan (MAP)” means the
plan as adopted by the EPA in 40 CFR Part 763, subpart E, appendix C.
Source. (See Revision Note #1 at chapter heading for Env-A 1800) #9298, eff 10-21-08; ss by #12172, eff 5-5-17 (See Revision Note #2 at chapter heading for Env-A 1800)
Env-A 1802.38 “Owner or operator (O/O)” for the purpose of
this chapter means “owner or operator of a demolition or renovation activity”
as defined in 40 CFR 61.141, as reprinted in Appendix D.
Source. (See Revision Note #1 at chapter heading for Env-A 1800) #9298, eff 10-21-08; ss by #12172, eff 5-5-17 (See Revision Note #2 at chapter heading for Env-A 1800)
Env-A
1802.39 “Person” means any individual,
partnership, company, public or private corporation, political subdivision or
agency of the state, department, agency or instrumentality of the United
States, or any other legal entity.
Source. (See Revision Note #1 at chapter heading for Env-A 1800) #9298, eff 10-21-08; ss by #12172, eff 5-5-17 (See Revision Note #2 at chapter heading for Env-A 1800)
Env-A 1802.40 “Private dwelling” means any residence, as
defined in RSA 21:6-a, that is occupied by the owner.
Source. (See Revision Note #1 at chapter heading for Env-A 1800) #9298, eff 10-21-08; ss by #12172, eff 5-5-17 (See Revision Note #2 at chapter heading for Env-A 1800)
Env-A 1802.41 “Regulated Asbestos-Containing Material
(RACM)” means: “regulated asbestos-containing material” as defined in RSA
141-E:2, VII, as reprinted in Appendix C.
Source. (See Revision Note #1 at chapter heading for Env-A 1800) #9298, eff 10-21-08; ss by #12172, eff 5-5-17 (See Revision Note #2 at chapter heading for Env-A 1800)
Env-A
1802.42 “Removal” means the stripping of
any RACM from surfaces or components within or at a facility.
Source. (See Revision Note #1 at chapter heading for Env-A 1800) #9298, eff 10-21-08; ss by #12172, eff 5-5-17 (See Revision Note #2 at chapter heading for Env-A 1800)
Env-A 1802.43 “Rental dwelling”
means any residence as defined in RSA 21:6-a that is occupied by someone other
than the owner.
Source. (See Revision Note #1 at chapter heading for Env-A 1800) #9298, eff 10-21-08; ss by #12172, eff 5-5-17 (See Revision Note #2 at chapter heading for Env-A 1800)
Env-A
1802.44 “Responsible person” means each
individual who is a license holder or who has managerial, supervisory, or
substantial decision-making authority and responsibility for the activities of
a license holder, or any combination thereof, including:
(a) For a corporation, the following:
(1) All
officers and directors;
(2) All
shareholders, if a privately held corporation, or all shareholders holding 10
percent or more of the corporation’s debt or equity, if a publicly traded
corporation; and
(3) All
management and supervisory personnel;
(b) For a partnership, all partners, whether
general or limited, and all management and supervisory personnel;
(c) For an association or other organization, all
principals, members, and participants, as applicable, and all management and
supervisory personnel; and
(d) For a municipality or other political
subdivision of the state, the individuals elected or appointed to oversee or
manage the prudential affairs of the political subdivision, and the managers
and supervisors of the department(s) that will perform work under the authority
of the license.
Source. (See Revision Note #1 at chapter heading for Env-A 1800) #9298, eff 10-21-08; ss by #12172, eff 5-5-17 (See Revision Note #2 at chapter heading for Env-A 1800)
Env-A 1802.45 “School”
means any non-profit institution, whether private or public, day or residential,
that provides elementary or secondary education, or both, including
kindergarten but excluding day care centers.
Source. (See Revision Note #1 at chapter heading for Env-A 1800) #9298, eff 10-21-08; ss by #12172, eff 5-5-17 (See Revision Note #2 at chapter heading for Env-A 1800)
Env-A
1802.46 “School asbestos abatement
planning” means “School asbestos abatement planning” as defined in RSA 141-E:2,
VIII, as reprinted in Appendix C.
Source. (See Revision Note #1 at chapter heading for Env-A 1800) #9298, eff 10-21-08; ss by #12172, eff 5-5-17 (See Revision Note #2 at chapter heading for Env-A 1800)
Env-A 1802.47 “Sheeting” means
any waterproof material which can be used to make air-tight barriers. The term includes “sheets”.
Source. (See Revision Note #1 at chapter heading for Env-A 1800) #9298, eff 10-21-08; ss by #12172, eff 5-5-17 (See Revision Note #2 at chapter heading for Env-A 1800)
Env-A
1802.48 “Shower room” means a room
between the clean room and the equipment room in the worker decontamination
enclosure with running water that is suitably arranged for complete showering
during decontamination.
Source. (See Revision Note #1 at chapter heading for Env-A 1800) #9298, eff 10-21-08; ss by #12172, eff 5-5-17 (See Revision Note #2 at chapter heading for Env-A 1800)
Env-A 1802.49 “Small-scale, short-duration activities
(SSSD)” means “small-scale, short-duration activities (SSSD)” as described in
40 CFR 763, subpart E, appendix C, July 1, 2015 edition, as reprinted in
Appendix D.
Source. (See Revision Note #1 at chapter heading for Env-A 1800) #9298, eff 10-21-08; ss by #12172, eff 5-5-17 (See Revision Note #2 at chapter heading for Env-A 1800)
Env-A
1802.50 “Structural member” means
“structural member” as defined in RSA 141-E:2, IX, as reprinted in Appendix C.
Source. (See Revision Note #1 at chapter heading for Env-A 1800) #9298, eff 10-21-08; ss by #12172, eff 5-5-17 (See Revision Note #2 at chapter heading for Env-A 1800)
Env-A 1802.51 “Tape” means a high quality duct tape or
similar adhesive material that can resist both moisture and wear.
Source. (See Revision Note #1 at chapter heading for Env-A 1800) #9298, eff 10-21-08; ss by #12172, eff 5-5-17 (See Revision Note #2 at chapter heading for Env-A 1800)
Env-A
1802.52 “Utility infrastructure” means
any active or abandoned above-ground or underground system intended to convey a
service, such as electricity, or to remove a waste, such as sewage, or to store
a material, such as fuel, that is either constructed or insulated with ACM,
including but not limited to transite pipe,
electrical line, water line, sewer line, heating line, roadway, or storage
tank.
Source. (See Revision Note #1 at chapter heading for Env-A 1800) #9298, eff 10-21-08; ss by #12172, eff 5-5-17 (See Revision Note #2 at chapter heading for Env-A 1800)
PART Env-A 1803 INSPECTIONS AND RECORDKEEPING
Env-A
1803.01 Inspections Required Prior to
Commencing Demolition or Renovation.
(a) Prior to undertaking any demolition or renovation
as defined by this chapter, the O/O shall provide for an inspection by an
asbestos inspector of the affected portion(s) of the facility for the presence
of ACM.
(b) For an inspection of a school building
required pursuant to (a), above, the inspection shall be performed by an
asbestos inspector who is certified under Env-A 1811 to perform asbestos
inspections.
Source. (See Revision Note #1 at chapter heading for Env-A 1800) #9298, eff 10-21-08; ss by #12172, eff 5-5-17 (See Revision Note #2 at chapter heading for Env-A 1800)
Env-A
1803.02 Documents To Be Retained
On-Site. During asbestos abatement,
each O/O of a facility where an asbestos abatement project is occurring shall
retain the following documents on-site, in electronic or paper format, for the
duration of the asbestos abatement project:
(a) A current copy of this chapter;
(b) Copies of the decontamination procedures used
for the decontamination enclosure system required by Env-A 1805.06 or any other
procedures which have been established to prevent contamination of areas
outside the work area;
(c) Copies of procedures to be followed during
medical or fire emergencies, including phone numbers of the nearest emergency
facilities;
(d) Copies of all licenses, certificates, and
proof of current training held by all supervisors and workers engaged in the
asbestos abatement project;
(e) Records of all project-related air sampling results
and a copy of the inspection report prepared by the asbestos inspector;
(f) A copy of any written notification concerning
the asbestos abatement project submitted to the department pursuant to Env-A
1804; and
(g) The work plan for the asbestos abatement project.
Source. (See Revision Note #1 at chapter heading for Env-A 1800) #9298, eff 10-21-08; ss by #12172, eff 5-5-17 (See Revision Note #2 at chapter heading for Env-A 1800)
Env-A
1803.03 Required Records. After the project is complete, each O/O of a
facility where an asbestos abatement project has occurred shall record and
maintain the following information, in electronic or paper format, for each
project:
(a) The name, title, and address of each
supervisor and worker who participated in the project;
(b) The address of the project;
(c) The work plan for the project;
(d) All notifications and revisions submitted to
the department pursuant to Env-A 1804;
(e) Waste shipment records and disposal site
slips for all RACM taken from the project site;
(f) The estimated amount of RACM involved in the
project;
(g) The scheduled and actual starting and
completion dates and, if an actual date differs from the date originally scheduled,
a statement of reasons for the difference(s);
(h) Documentation of compliance with all
applicable requirements of this chapter;
(i) Copies of all
asbestos-related correspondence with the department and other state and federal
agencies concerning the project, including but not limited to building or
demolition permits, notices of violation, or other documents relating to
permits;
(j) The name and address of the asbestos disposal
facility to which the RACM was taken;
(k) The methodology and results of all air
sampling, including clearance testing, conducted during the abatement process,
the name and address of any consultant hired to perform such sampling, and the
name and address of any analytical service employed to analyze such samples;
and
(l) Descriptions of worksite accidents and
unplanned or planned exposures to asbestos.
Source. (See Revision Note #1 at chapter heading for Env-A 1800) #9298, eff 10-21-08; ss by #12172, eff 5-5-17 (See Revision Note #2 at chapter heading for Env-A 1800)
Env-A 1803.04 Retention
of Records.
(a) The O/O shall make the records described in
Env-A 1803.03 available to the department upon request.
(b) Records shall not be destroyed unless they
are more than 30 years old, dated from the completion of the asbestos abatement
project.
Source. (See Revision Note #1 at chapter heading for Env-A 1800) #9298, eff 10-21-08; ss by #12172, eff 5-5-17 (See Revision Note #2 at chapter heading for Env-A 1800)
Env-A
1803.05 Compliance Inspections and
Production of Records.
(a) Upon the request of the department, in
conjunction with any inspection pursuant to RSA 141-E:8 or RSA 141-E:13,
building owners or managers shall review building records for references to ACM
used in construction or repairs and provide all information found to the
department in writing.
(b) If, during an inspection pursuant to RSA
141-E:8 or RSA 141-E:13, the authorized representative observes material
suspected of being friable ACM, the authorized representative shall touch or
rub the suspect material to determine friability.
(c) If the suspect material is friable, the
authorized representative shall:
(1)
Collect 3 bulk samples of the material;
(2)
Collect air samples; and
(3) Have the samples analyzed by an asbestos
analysis service which meets the criteria set forth under Env-A 1809.
(d) The department shall provide a copy of the
analytical results to the O/O, building manager, or other interested parties
upon receipt of a written request.
Source. (See Revision Note #1 at chapter heading for Env-A 1800) #9298, eff 10-21-08; ss by #12172, eff 5-5-17 (See Revision Note #2 at chapter heading for Env-A 1800)
Env-A
1803.06 Determination of Damage or
Deterioration. Friable ACM shall be
deemed to be deteriorated or damaged if:
(a) The material has pulled away from the
underlying surface; or
(b) Evidence of physical damage exists, such as
gouges or cuts in the material or debris matching the material is on the
surface below the material.
Source. (See Revision Note #1 at chapter heading for Env-A 1800) #9298, eff 10-21-08; ss by #12172, eff 5-5-17 (See Revision Note #2 at chapter heading for Env-A 1800)
Env-A
1803.07 Determination of the
Potential for Significant Human Exposure.
As a result of an inspection under RSA 141-E:8 or RSA 141-E:13, the
department shall determine that there is a potential for significant human
exposure if:
(a) There is an increase in the proximity of
friable ACM to an air plenum or direct air stream;
(b) There is an increase in the visibility and
accessibility of friable ACM to building occupants and maintenance workers; or
(c) An increase or change in the degree of
activity in
or around the building increases the risk the friable ACM will be released into
the air, including air movement, vibration, installing new machinery, and
moving of building occupants.
Source. (See Revision Note #1 at chapter heading for Env-A 1800) #9298, eff 10-21-08; ss by #12172, eff 5-5-17 (See Revision Note #2 at chapter heading for Env-A 1800)
Env-A
1803.08 Inspections of Private
Dwellings.
(a) As provided in RSA 141-E:8, III:
(1) The
owner of a private dwelling may request the department to inspect the dwelling
for the presence of RACM;
(2) If
the department finds RACM, the department shall make recommendations to the
owner for the abatement of the RACM; and
(3) The
department shall charge a fee for such inspections.
(b) The fee required by RSA 141-E:8, III shall be
calculated in accordance with Env-A 1803.09(b).
(c)
The owner of a private dwelling who wishes to request an inspection may first
request the department to provide an estimate of the fee.
(d) If an estimate is requested pursuant to (c),
above, the estimate shall be:
(1)
Based on the best professional judgment of the department; and
(2)
Provided by the department to the owner in writing.
(e) The final fee assessed shall reflect the
actual costs as determined pursuant to Env-A 1803.09(b), and so might be higher
or lower than the estimate provided in advance of the inspection.
(f) The department shall send a bill for the fee
to the owner, who shall pay the fee within 30 days of the date of the
department’s bill.
Source. (See Revision Note #1 at chapter heading for Env-A 1800) #9298, eff 10-21-08; ss by #12172, eff 5-5-17 (See Revision Note #2 at chapter heading for Env-A 1800)
Env-A
1803.09 Inspection and Compliance
Monitoring Fees.
(a) Whenever the department conducts an
inspection under RSA 141-E:8 or RSA 141-E:13, with or without collecting and
analyzing samples, in order to evaluate compliance with RSA 141-E, the
department shall charge a fee for the inspection and any sample collection and
analysis.
(b) The fee charged shall be the sum of the
individual personnel testing and monitoring fee as specified in (c), below, and
the fees for sample analysis as specified in (d), below.
(c) The individual personnel testing and
monitoring fee shall be the sum of the following for each department employee
who participates in the inspection:
(1)
Travel costs, based on the state of New Hampshire’s standard mileage
reimbursement rate;
(2)
Lodging costs, if lodging is or becomes necessary due to the amount of
time needed for travel and the inspection, the distance from Concord, and
weather conditions;
(3)
Cost of meals, if the time needed for the inspection and travel exceeds
4 hours;
(4)
Costs of specialty equipment and consumable supplies, where these costs
were incurred specifically in order to carry out the specific inspection; and
(5) The
product of the number of hours or portion thereof which the employee spent
traveling and inspecting, multiplied by the hourly rate, including benefits, of
that employee.
(d) The schedule of
fees for sample analyses shall be as follows:
(1) Bulk samples shall be $75 per sample analyzed
by polarized light microscopy (PLM);
(2) Air
samples shall be $50 per sample when analyzed by phase contrast microscopy
(PCM); and
(3) Air
samples shall be $250 per sample when analyzed by transmission electron
microscopy (TEM).
(e) The department shall send the bill for the
fee to the O/O of the facility. The fee
shall be paid within 30 days of the date of the department’s bill.
Source. (See Revision Note #1 at chapter heading for Env-A 1800) #9298, eff 10-21-08; ss by #12172, eff 5-5-17 (See Revision Note #2 at chapter heading for Env-A 1800)
PART Env-A 1804 NOTIFICATION AND FEES
Env-A
1804.01 Notification for Major Asbestos Abatement
Projects.
(a) Except as provided in Env-A 1804.04, the
owner or operator (O/O) shall provide written notification to the department
and the local government official, as applicable, for the asbestos abatement
project worksite location.
(b) The notice required by (a), above, shall:
(1)
Contain the information specified in Env-A 1804.06;
(2) Be
sent by first-class mail through the U.S. postal service (USPS), delivered by a
commercial delivery service, or delivered in hand as specified in Env-A
1801.04(a); and
(3) Be
sent or delivered such that the department receives the notice at least 10
working days before any asbestos abatement activity begins.
(c) The O/O shall
provide a revised notification to the department if the start date changes, the
completion date changes, both the start date and completion date change, or a
break in operation occurs, as follows:
(1) The
O/O shall notify the department within 24 hours of changing the date(s) or
interrupting the operation via telephone, fax, or email as specified in Env-A
1801.04(b); and
(2) The
O/O shall provide a paper copy of the revised notification to the department by
sending or delivering it within one business day by first-class USPS mail,
commercial delivery service, or hand delivery as specified in Env-A 1801.04(a).
Source. (See Revision Note #1 at chapter heading for Env-A 1800) #9298, eff 10-21-08; ss by #12172, eff 5-5-17 (See Revision Note #2 at chapter heading for Env-A 1800)
Env-A
1804.02 Notification for Minor
Asbestos Abatement Projects.
Notification to the department shall not be required for any minor
asbestos abatement projects.
Source. (See Revision Note #1 at chapter heading for Env-A 1800) #9298, eff 10-21-08; ss by #12172, eff 5-5-17 (See Revision Note #2 at chapter heading for Env-A 1800)
Env-A
1804.03 Notification for Demolitions.
(a) The O/O shall provide written notification to
the department and to the local government official, as applicable, for the
demolition project worksite location.
(b) The notice required by (a), above, shall:
(1)
Contain the information specified in Env-A 1804.06;
(2) Be
sent by first-class mail through the U.S. postal service (USPS), delivered by a
commercial delivery service, or delivered in hand as specified in Env-A
1801.04(a); and
(3) Be
sent or delivered such that the department receives the notice at least 10
working days before any demolition activity begins.
(c) Notification under (a), above, shall be provided
even if no ACM is contained in the facility.
Source. (See Revision Note #1 at chapter heading for Env-A 1800) #9298, eff 10-21-08; ss by #12172, eff 5-5-17 (See Revision Note #2 at chapter heading for Env-A 1800)
Env-A 1804.04 Annual
Notification.
(a) In lieu of the notification required pursuant
to Env-A 1804.01, and subject to (d), below, the O/O of a facility expected to undergo a
Class S major asbestos abatement in the next calendar year may file an annual
notification to cover the period from January 1 of the new calendar year
to December 31 of the same year.
(b) Such annual notification shall be made in
writing as specified in Env-A 1804.01(a) so as to be received by the department
at least 10 working days prior to the start of the new calendar year.
(c) After filing an annual notification, the O/O shall provide
the department with quarterly reports of activities performed under such annual
notification that include dates of removal, amounts and kinds of RACM removed,
and disposal site used.
(d) The O/O shall give separate, individual
notification as specified in Env-A 1804.01 for each major asbestos abatement project
– Class N that occurs at the facility, regardless of whether an annual
notification has been filed for Class S major asbestos abatement projects at
the facility.
Source. (See Revision Note #1 at chapter heading for Env-A 1800) #9298, eff 10-21-08; ss by #12172, eff 5-5-17 (See Revision Note #2 at chapter heading for Env-A 1800)
Env-A
1804.05 Notification for Emergency Asbestos Abatement
Projects. For emergency asbestos
abatement projects, the O/O shall:
(a) Notify the department by telephone, fax, or
email as specified in Env-A 1801.04(b) as early as possible prior to abatement
or, if prior notice is not possible, within 24 hours of the beginning of each
emergency asbestos abatement activity with information required under this
part; and
(b) Provide written notification in accordance
with this part to the department no later than 48 hours after beginning an
emergency asbestos abatement.
Source. (See Revision Note #1 at chapter heading for Env-A 1800) #9298, eff 10-21-08; ss by #12172, eff 5-5-17 (See Revision Note #2 at chapter heading for Env-A 1800)
Env-A 1804.06 Information
Required.
(a) In any notification required by this part,
the O/O shall:
(1) Provide the information required by 40 CFR
61.145(b)(4); and
(2) Present that information in the format
specified in 40 CFR 61.145(b)(5), available as the “Asbestos
Demolition/Renovation Notification Form, 2016-05-31”.
(b) The O/O shall provide any additional
information that is not specifically required by this part but that is
necessary to completely describe the scope of the project to the department
separately from the required information by first-class USPS mail, commercial delivery
service, or hand delivery as specified in Env-A 1801.04(a).
(c) Hours of operation on site shall be included
on the notification document for purposes of inspection.
Source. (See Revision Note #1 at chapter heading for Env-A 1800) #9298, eff 10-21-08; ss by #12172, eff 5-5-17 (See Revision Note #2 at chapter heading for Env-A 1800)
Env-A
1804.07 Revised Notification. Asbestos abatement activities occurring
outside the starting and completion dates shall be a violation of this
notification requirement unless a revised notification is received by the
department prior to the revised or original start date, whichever is earlier,
or prior to the original completion date in the event of an extension or
overrun.
Source. (See Revision Note #1 at chapter heading for Env-A 1800) #9298, eff 10-21-08; ss by #12172, eff 5-5-17 (See Revision Note #2 at chapter heading for Env-A 1800)
Env-A 1804.08 Notification
for Disposal Only.
(a) Each person hired or otherwise engaged by an O/O or homeowner
only to transport and dispose of ACM shall:
(1)
Provide the information specified in (c), below, in writing to the
department prior to such transport and disposal; and
(2)
Provide a copy of the information required by (1), above, to the O/O or
homeowner, as applicable, at the time the ACM is collected.
(b) If a homeowner transports the ACM for disposal
directly, the homeowner shall provide the notice required by (a)(1), above, and
shall retain a copy of the notice.
(c) The information required by (a)(1), above,
shall be as follows:
(1) The
person’s name, mailing address, and daytime telephone number, and, if
available, an e-mail address;
(2) The
name and mailing address of the O/O or homeowner, as applicable;
(3) The
physical address where the ACM is located;
(4) The
date when the ACM will be picked up;
(5) The
name and physical address of the disposal site; and
(6) The
quantity(ies) of ACM to be disposed.
Source. (See Revision Note #1 at chapter heading for Env-A 1800) #9298, eff 10-21-08; ss by #12172, eff 5-5-17 (See Revision Note #2 at chapter heading for Env-A 1800)
Env-A
1804.09 Notification Fees.
(a) The person providing written notification to
the department shall send the fee specified in (c), below, as applicable, with
the notification.
(b) Payment shall be in the form of cash, company
check, certified check, or money order.
A company check or certified check or money order shall be made payable
to “Treasurer, State of New Hampshire”.
(c) Notification fees shall be as follows:
(1) For
a notification of a major asbestos abatement project - class N, $300;
(2) For
a notification of a major asbestos abatement project - class S, $50;
(3) For
an annual notification pursuant to Env-A 1804.04, $1,500; and
(4) For
a revised notification pursuant to Env-A 1804.07, $25.
Source. (See Revision Note #1 at chapter heading for Env-A 1800) #9298, eff 10-21-08; ss by #12172, eff 5-5-17 (See Revision Note #2 at chapter heading for Env-A 1800)
PART Env-A 1805 WORK PRACTICE REQUIREMENTS
Env-A 1805.01 Requirements
for All Major Asbestos Abatement Projects.
Each O/O
of a facility at which any type of major asbestos abatement project is
or may be undertaken shall ensure compliance with this part.
Source. (See Revision Note #1 at chapter heading for Env-A 1800) #9298, eff 10-21-08; ss by #12172, eff 5-5-17 (See Revision Note #2 at chapter heading for Env-A 1800)
Env-A
1805.02 Asbestos Abatement Project
Personnel. The contractor(s) and
personnel involved in a major asbestos abatement project shall be licensed and certified,
respectively, in accordance with Env-A 1810.
Source. (See Revision Note #1 at chapter heading for Env-A 1800) #9298, eff 10-21-08; ss by #12172, eff 5-5-17 (See Revision Note #2 at chapter heading for Env-A 1800)
Env-A
1805.03 Records Maintained On-Site. The O/O shall maintain the records specified
in Env-A 1803 on-site.
Source. (See Revision Note #1 at chapter heading for Env-A 1800) #9298, eff 10-21-08; ss by #12172, eff 5-5-17 (See Revision Note #2 at chapter heading for Env-A 1800)
Env-A
1805.04 Site Preparation. Prior to the start of the abatement, the O/O shall prepare each work area as follows:
(a) Post telephone numbers of the nearest
emergency facilities in a location that is visible from the work area;
(b) Turn off all HVAC systems in or passing
through the work area, and take measures, such as taping over on/off switches,
to prevent accidental start-ups;
(c) Isolate contaminated areas from
uncontaminated areas with air-tight barriers over all openings between the work
area and uncontaminated areas, including but not limited to windows, doorways,
elevator openings, corridor entrances, ventilation openings, drains, ducts,
grills, grates, diffusers and skylights, but excluding the decontamination
enclosure system doorways, using sheeting having a minimum thickness of 6 mil;
(d) Post warning signs at all entrances to the
work area;
(e) Remove all uncontaminated movable objects
from the work area;
(f) Clean or dispose of as asbestos waste all contaminated
items not removed from the work area;
(g) Clean all non-movable objects in the work
area, then cover with sheeting having a minimum thickness of 4 mil secured in
place; and
(h) Install sheeting as follows:
(1) Completely cover all uncontaminated floors, walls,
and ceiling surfaces in the work area with sheeting as specified in (3) through
(6), below, as applicable, sized and installed so as to minimize seams;
(2) Do
not locate sheeting seams at any floor/wall or ceiling/wall corners;
(3)
Cover the floor with 2 layers of 6 mil sheeting and extend the sheeting
at least 12 inches up each wall;
(4)
Cover the walls with one layer of 4 mil sheeting and extend the sheeting
at least 12 inches across the floor;
(5)
Cover the ceiling with one layer of 4 mil sheeting and extend the
sheeting at least 12 inches down each wall; and
(6)
Cover all intake and exhaust openings and any seams in all HVAC system
components with 6 mil or thicker sheeting or with tape.
Source. (See Revision Note #1 at chapter heading for Env-A 1800) #9298, eff 10-21-08; ss by #12172, eff 5-5-17 (See Revision Note #2 at chapter heading for Env-A 1800)
Env-A
1805.05 Work Area Ventilation.
(a) The work area shall be served by a sufficient
number of negative pressure ventilation units with HEPA filtration to provide
one containment area air change every 15 minutes.
(b) The unit(s) shall be operated to maintain a
static pressure differential of 0.02 inches water gauge from the time that
barrier construction is completed through the time acceptable final clean air
monitoring results are obtained.
(c) The negative pressure ventilation units shall
exhaust filtered air to the outside of the facility wherever practical.
(d) If exhausted to interior spaces, the exhaust
shall be monitored for fiber release by:
(1) Using a continuous, direct reading instrument
equipped with a chart recorder located at the exhaust; or
(2) Taking daily air samples at the exhaust and
having them analyzed using one of the techniques specified in Env-A 1808.03, as
expeditiously as practical but no more than 24 hours after sampling.
Source. (See Revision Note #1 at chapter heading for Env-A 1800) #9298, eff 10-21-08; ss by #12172, eff 5-5-17 (See Revision Note #2 at chapter heading for Env-A 1800)
Env-A
1805.06 Worker Decontamination
Enclosure System.
(a) Each asbestos abatement site shall have a worker
decontamination enclosure system contiguous to the work area.
(b) The worker decontamination enclosure systems
shall consist of a clean room, shower room, and equipment room, separated from
each other by doorways with at least 2 overlapping sheets.
(c) The shower room shall have running water that
is at least 85º F or can be mixed at the tap to achieve 85º F.
(d) Shower waste water shall be collected
and disposed of as asbestos waste or filtered through a 5 micron filter.
(e) Except for the doorways, the worker
decontamination enclosure system shall be airtight.
(f) All entrances to and exits from the work area
shall be through the decontamination enclosure system.
(g) Each worker exiting from the work area shall thoroughly
shower so as to remove all asbestos fibers before entering the clean room.
(h) No asbestos-contaminated individual or item
shall enter the clean room.
Source. (See Revision Note #1 at chapter heading for Env-A 1800) #9298, eff 10-21-08; ss by #12172, eff 5-5-17 (See Revision Note #2 at chapter heading for Env-A 1800)
Env-A 1805.07 Asbestos Removal
Procedures.
(a) All ACM shall be adequately wetted before removal
and maintained wet during and after removal to prevent the release of fibers
until placed into leak-tight containers for disposal.
(b) All ACM shall be carefully lowered to the
ground or floor, not dropped or thrown.
(c) Structural members not previously stripped of
ACM shall be removed intact or in large sections whenever possible and
carefully lowered to the floor.
(d) ACM that is not associated with structural
members shall be removed in small sections and not be allowed to accumulate on
the floor.
(e) Following removal, the O/O shall perform
cleanup procedures using repeated HEPA vacuuming and wet cleaning techniques
until no visible residue is observed in the work area.
Source. (See Revision Note #1 at chapter heading for Env-A 1800) #9298, eff 10-21-08; ss by #12172, eff 5-5-17 (See Revision Note #2 at chapter heading for Env-A 1800)
Env-A
1805.08 ACM Disposal Procedures.
(a) After completing abatement work, the O/O or
homeowner shall:
(1)
Package and label RACM as specified in 40 CFR 61.150(a)(1)(iii)-(v), as
applicable, and package and label ACM that is not RACM as specified in (c),
below;
(2)
Except as provided in (b), below, remove packaged ACM, whether RACM or not,
from the work site as soon as practicable, but in no event longer than 30 days
following the completion of the abatement work; and
(3)
Transport and dispose of the ACM, whether RACM or not, as specified in
40 CFR 61.150, specifically including 40 CFR 61.150(d), as incorporated by
reference with amendments in Env-A 1808.01 and Env-Sw
901.04.
(b) The O/O of an asbestos abatement project
conducted under an annual notification filed pursuant to Env-A 1804.04 shall be
exempt from the time limit specified in (a)(1), above, provided the O/O:
(1)
Manages the ACM, whether RACM or not, in accordance with Env-Sw 901; and
(2)
Removes the ACM, whether RACM or not, from the facility no later than 30
days after facility closure.
(c) Prior to delivering ACM that is not RACM to a
transporter for disposal, the O/O or homeowner shall:
(1)
Adequately wet all loose ACM to prevent the release of fibers and place
it into water-tight containers or double impermeable bags of at least 6 mil
thickness each and seal the containers or bags, as applicable; and
(2) Wrap large components or structural
members that were removed intact air-tight in 2 layers of 6 mil sheeting and
seal the sheeting.
(d) Within 30 days after delivery of ACM to the disposal site, the O/O or homeowner shall provide a copy of the waste shipment record to the department.
Source. (See Revision Note #1 at chapter heading for Env-A 1800) #9298, eff 10-21-08; ss by #12172, eff 5-5-17 (See Revision Note #2 at chapter heading for Env-A 1800)
Env-A 1805.09 Clearance Testing.
(a) At
the completion of an asbestos abatement project but prior to dismantling the
containment and decontamination system, the O/O shall obtain the services of an
independent industrial hygienist to conduct clearance air sampling.
(b) Prior to clearance sampling, the independent
industrial hygienist shall conduct a thorough visual inspection of the work
area for the presence of visible residue.
(c) If visible residue is found by the
independent industrial hygienist, the O/O shall continue cleaning the work area
as specified in Env-A 1805.07(e).
(d) After determining that no visible residue
remains in the work area, the independent industrial hygienist shall take
sufficient volumes of air for clearance sampling to accurately determine, to a
95 percent probability, fiber concentrations to 0.010 fibers/cubic centimeter
(f/cc) of air.
(e) Clearance air sampling shall be done no
sooner than the earlier of 6 hours from the time the cleanup procedures of wet
wiping and HEPA vacuuming are completed, or such time as all surfaces in the
work area have dried. If all work area
surfaces are dry at the completion of the cleanup procedures, no waiting period
shall be required prior to beginning air sampling.
(f) Aggressive sampling shall be used:
(1) To
ensure that any fibers deposited on surfaces within the work area are included
in the sample; and
(2) For
all clearance sampling in schools and school buildings.
(g) Except for schools and school buildings,
non-aggressive sampling shall be used in areas where all uncontaminated wall,
ceiling, and floor surfaces in the work area are not covered with sheeting.
(h) The containment and worker decontamination
system shall not be dismantled until clearance air sampling demonstrates the
presence of no more than 0.010 fibers of length greater than 5 microns per
cubic centimeter of air as determined by phase contrast optical microscopy,
performed as described in “Asbestos and Other Fibers by PCM: Method 7400, Issue 2”, National Institute of
Occupational Safety and Health (NIOSH) Manual of Analytical Methods (NMAM),
Fourth Edition, 8/15/94, available as noted in Appendix B.
(i) The industrial
hygienist shall provide copies of the clearance air sampling results to the
department within 30 days of the date of clearance air sampling.
Source. (See Revision Note #1 at chapter heading for Env-A 1800) #9298, eff 10-21-08; ss by #12172, eff 5-5-17 (See Revision Note #2 at chapter heading for Env-A 1800)
Env-A 1805.10 Specific Requirements for
Demolition.
(a) Prior to any demolition, including by
intentional burning, of a structure or portion of a structure, all ACM shall be
removed in accordance with the applicable provisions of this chapter, subject
to (b) below.
(b) For clearance air sampling as described in
Env-A 1805.09, an acceptable result shall be 0.10 fibers of length greater than
5 microns per cubic centimeter of air as determined by phase contrast optical
microscopy, performed as described in “Asbestos and Other Fibers by PCM: Method 7400, Issue 2”, NIOSH Manual of
Analytical Methods (NMAM), Fourth Edition, 8/15/94, available as noted in
Appendix B.
Source. (See Revision Note #1 at chapter heading for Env-A 1800) #9298, eff 10-21-08; ss by #12172, eff 5-5-17 (See Revision Note #2 at chapter heading for Env-A 1800)
Env-A
1805.11 Specific Requirements for Enclosure of
RACM. When an O/O chooses to enclose
RACM, the O/O shall:
(a) Notify and pay the fee in accordance with
Env-A 1804.09(c)(1) or (2), as applicable;
(b) Prior to enclosure, remove loose and hanging RACM
in accordance with Env-A 1805;
(c) Ensure that enclosures are airtight and of
permanent construction, such that the area being enclosed is inaccessible;
(d) Prior to commencing work, wet all RACM that
has the potential to be disturbed during the installation of hangers, brackets,
or other portions of the enclosure; and
(e) Designate enclosures for RACM by signs,
labels, color coding, or some other readily visible mechanism on the enclosure
to warn individuals who may be required to disturb the enclosure.
Source. (See Revision Note #1 at chapter heading for Env-A 1800) #9298, eff 10-21-08; ss by #12172, eff 5-5-17 (See Revision Note #2 at chapter heading for Env-A 1800)
Env-A
1805.12 Specific Requirements for
Encapsulation of RACM. When an O/O
chooses to encapsulate RACM, the O/O shall:
(a) Notify and pay the fee in accordance with
Env-A 1804.09(c)(1) or (2), as applicable;
(b) Ensure that filler material applied to gaps
in existing material contains no asbestos, adheres well to the substrate, and
provides a suitable base for the encapsulant;
(c) Prior to encapsulation, remove loose and
hanging RACM in accordance with all applicable provisions in Env-A 1805;
(d) Apply encapsulants using only low pressure
airless spray equipment with nozzle pressure and tip size set according to the
manufacturer’s recommendations; and
(e) Specifically
designate encapsulated RACM by signs, labels, color coding, or some other readily
visible mechanism on the encapsulated RACM to warn individuals who may in the
future be required to disturb the material.
Source. (See Revision Note #1 at chapter heading for Env-A 1800) #9298, eff 10-21-08; ss by #12172, eff 5-5-17 (See Revision Note #2 at chapter heading for Env-A 1800)
Env-A
1805.13 Minor Asbestos Abatement Projects.
(a) Personnel involved in minor asbestos
abatement projects shall be certified in accordance with this chapter, unless
exempt under the provisions of Env-A 1810.02.
(b) Any person performing a minor asbestos
abatement project shall take the following precautions at a minimum to prevent
the release of asbestos fibers into the ambient air:
(1) Barriers including glovebags
shall be installed for minor asbestos abatement projects to assure that fibers
released during abatement activities are contained within the work area;
(2) All RACM shall be wetted prior to being
disturbed, and shall be kept wet until it is containerized;
(3) HEPA vacuum equipment and wet cleaning
techniques shall be used to clean up the work area following abatement until no
visible residue is observed;
(4) Prior to disposal, RACM shall be containerized
in accordance with Env-A 1805.08 in air-tight containers and labeled in accordance with 40 CFR
61.150(a); and
(5) The containerized waste shall be
transported and disposed of in accordance with Env-Sw
901.
Source. (See Revision Note #1 at chapter heading for Env-A 1800) #9298, eff 10-21-08; ss by #12172, eff 5-5-17 (See Revision Note #2 at chapter heading for Env-A 1800)
PART Env-A 1806 ALTERNATIVE REQUIREMENTS FOR
SPECIFIC ACM
Env-A
1806.01 Applicability. Facility O/Os
performing asbestos abatement activities on vinyl asbestos floor tile, vinyl
asbestos floor sheeting, asbestos roofing materials, asbestos siding, and other
preformed cementitious asbestos materials shall comply with Env-A 1805, except
as modified by this part.
Source. (See Revision Note #1 at chapter heading for Env-A 1800) #9298, eff 10-21-08; ss by #12172, eff 5-5-17 (See Revision Note #2 at chapter heading for Env-A 1800)
Env-A
1806.02 Abatement of Vinyl
Asbestos-Containing Floor Coverings and Mastic. The following provisions of Env-A 1805.04(h)
shall be modified as noted for facility O/Os who do
not saw, grind, or abrade a vinyl floor and who do not separate sheet vinyl
flooring from its backing:
(a) Ceiling sheeting as specified in Env-A
1805.04(h)(1) and (5) shall not be required; and
(b) Wall sheeting as specified in Env-A
1805.04(h)(1) and (4) shall be 4 mil or thicker and cover the bottom 4 feet of
each wall.
Source. (See Revision Note #1 at chapter heading for Env-A 1800) #9298, eff 10-21-08; ss by #12172, eff 5-5-17 (See Revision Note #2 at chapter heading for Env-A 1800)
Env-A
1806.03 Abatement of
Asbestos-Containing Asphalt Roofing Materials.
(a) Facility O/Os who
remove ACM from a sloping roof and do not sand, saw, cut, drill, or otherwise
treat the ACM in a manner that might create a fine dust or particles, may abate
such materials by complying with the following in lieu of complying with Env-A
1805.01 through Env-A 1805.07 and Env-A 1805.09:
(1) The
surrounding ground shall first be protected with poly drop cloths such that no
ACM can come into contact with the ground; and
(2) All ACM waste shall be packaged, labeled, and
disposed of as specified in Env-A 1805.08.
(b) Facility O/Os who
remove ACM from a roof and who sand, saw, cut, drill, or otherwise treat the
ACM in a manner that might create a fine dust or particles, may comply with
following in lieu of complying with Env-A 1805.04, Env-A 1805.05 and Env-A
1805.09:
(1) The
contractor and workers shall be licensed and certified in accordance with Env-A
1810;
(2)
All ACM waste shall be packaged, labeled, and disposed of as specified
in Env-A 1805.08;
(3) A
HEPA-filtered tool shall be used to prevent generation of visible emissions;
and
(4) Water shall be applied at the point of
abrasion with an airless sprayer and in sufficient volume so that no visible
emissions result from the operation other than water spray.
Source. (See Revision Note #1 at chapter heading for Env-A 1800) #9298, eff 10-21-08; ss by #12172, eff 5-5-17 (See Revision Note #2 at chapter heading for Env-A 1800)
Env-A
1806.04 Abatement of
Asbestos-Containing Cementitious Roofing or Siding Materials. Facility O/Os who
remove cementitious ACM from the side or roof of a building and who do not
sand, saw, cut, drill, or otherwise treat the ACM in a manner that might create
a fine dust or particles, may abate such materials by complying with the
following in lieu of Env-A 1805.04, Env-A 1805.05, Env-A 1805.07, and Env-A
1805.09:
(a) The contractor and workers shall be licensed
and certified in accordance with Env-A 1810;
(b) The surrounding ground shall first be protected
with poly drop cloths such that no ACM can come into contact with the ground;
(c) All ACM shall be adequately wetted before
removal and maintained wet during and after removal to prevent the release of
fibers until placed into leak-tight containers for disposal;
(d) Cementitious ACM shall be removed intact, to
the extent possible, by prying out or cutting fasteners;
(e) Cementitious ACM shall be carefully lowered
to the ground, not dropped or thrown; and
(f) All ACM waste shall be packaged, labelled,
and disposed of in accordance with Env-A 1805.08.
Source. (See Revision Note #1 at chapter heading for Env-A 1800) #9298, eff 10-21-08; ss by #12172, eff 5-5-17 (See Revision Note #2 at chapter heading for Env-A 1800)
PART Env-A 1807 ALTERNATIVE WORK PRACTICES
Env-A
1807.01 Glovebags.
(a) Glovebags may be
used only in accordance with the provisions of this part.
(b) Glovebags shall
only be used under such conditions that their use will not threaten any release
of fibers at locations outside of the glovebag.
(c) Env-A 1805.04 (a) through (g), Env-A 1805.05,
and Env-A 1805.06 shall apply to glovebag procedures.
(d) Glovebag procedures
shall conform to the requirements of 29 CFR 1926.1101(g)(5)(ii)(B)(1) through
(8), July 1, 2014.
(e) Following completion of a glovebag
procedure or series of glovebag procedures in a
contiguous area, clearance inspection and air sampling shall be conducted in
accordance with Env-A 1805.09.
Source. (See Revision Note #1 at chapter heading for Env-A 1800) #9298, eff 10-21-08; ss by #12172, eff 5-5-17 (See Revision Note #2 at chapter heading for Env-A 1800)
Env-A
1807.02 Other Alternative Procedures.
(a) Any request for an alternative procedure to
an asbestos abatement requirement shall be submitted to both EPA Region I and
the department.
(b) The department shall not approve an
alternative procedure for control of emissions from an asbestos abatement
activity unless:
(1) EPA
approves the request in writing or notifies the department in writing that the
requested procedure does not need to be approved by EPA; and
(2) The
criteria specified in (d), below, are met.
(c) After obtaining a written approval or waiver
from EPA and at least 10 days in advance of the proposed starting date for an
alternative abatement procedure, the O/O shall submit to the department a written request
to use the alternative procedure that includes:
(1) All
information specified in Env-A 1804.06;
(2)
Such additional information as is necessary to identify the unique
aspects of the project that led to the request;
(3) A
detailed explanation of the alternative procedure.
(d) The department shall approve the alternative
procedure if:
(1) The
alternative procedure provides an equivalent or greater measure of control of
asbestos fiber release than the procedure required by these rules; or
(2)
Using the alternative procedure creates a lower potential hazard to
life, health, and property than using the procedures required by these rules.
(e) No work using an alternative procedure shall
begin without the written approval or abstention of EPA Region I and the
department.
Source. (See Revision Note #1 at chapter heading for Env-A 1800) #9298, eff 10-21-08; ss by #12172, eff 5-5-17 (See Revision Note #2 at chapter heading for Env-A 1800)
PART Env-A 1808 ASBESTOS ANALYTICAL REQUIREMENTS
Env-A
1808.01 Applicability. This part shall apply to the analysis of all
asbestos samples obtained by the department pursuant to compliance inspections.
Source. (See Revision Note #1 at chapter heading for Env-A 1800) #9298, eff 10-21-08; ss by #12172, eff 5-5-17 (See Revision Note #2 at chapter heading for Env-A 1800)
Env-A
1808.02 Analytical Proficiency. The following criteria shall apply to the analysis
of asbestos:
(a) For air sampling proficiency standards, the
laboratory analysis of air samples shall be performed by either:
(1) A laboratory presently accredited for
asbestos analysis by the American Industrial Hygiene Association (AIHA);
(2) An analyst presently listed in the AIHA
Asbestos Analysis Registry; or
(3) A person who has successfully completed the
NIOSH Course #582 “Sampling and Evaluating Airborne Asbestos” and whose
laboratory presently shows evidence of a proficient rating in the AIHA
Proficiency Analytical Testing Program (PAT Program);
(b) For bulk sampling proficiency standards, the
laboratory shall show evidence of a current proficiency rating in the National
Volunteer Laboratory Accreditation Program (NVLAP), such as being listed in the
most recent copy of the Federal Register containing the EPA’s Accredited
Laboratories AHERA list for Accredited Polarized Light Microscopy Laboratories;
and
(c) The analysis of bulk samples shall be
performed by, or under the supervision of, an analyst who has successfully
completed an approved course of training in the techniques and procedures for
identification of asbestos in bulk samples such as the McCrone
Institute Bulk Analysis course.
Source. (See Revision Note #1 at chapter heading for Env-A 1800) #9298, eff 10-21-08; ss by #12172, eff 5-5-17 (See Revision Note #2 at chapter heading for Env-A 1800)
Env-A
1808.03 Analytical Techniques.
(a) Air samples shall be submitted for analysis
to a laboratory that uses phase contrast microscopy (PCM) for the analysis of
air samples for asbestos content unless accredited by the National Institute of
Standards and Technology (NIST) for transmission electron microscopy (TEM), in
which case the laboratory may analyze air samples using TEM.
(b) Analytical procedures for PCM shall be in
accordance with NIOSH Method 7400, Issue 2, entitled “Fibers” published in the
NIOSH Manual of Analytical Methods, 4th Edition, Second Supplement,
August 1994, available as noted in Appendix B.
Air volumes sampled shall be sufficient to accurately determine, to a 95
percent probability, fiber concentrations of 0.01 fibers/cubic centimeters of
air (f/cc).
(c) Analytical procedures for TEM shall be as
stated in 40 CFR Part 763, subpart E, appendix A: “Mandatory and Non-Mandatory”
or as defined and accepted by the NIST for TEM accreditation.
(d)
Analytical procedures for PLM shall be as stated in 40 CFR Part 763,
subpart F, appendix A: “Interim Method of the Determination of Asbestos in Bulk
Insulation Samples” or as defined and accepted by the NIST for PLM
accreditation.
Source. (See Revision Note #1 at chapter heading for Env-A 1800) #9298, eff 10-21-08; ss by #12172, eff 5-5-17 (See Revision Note #2 at chapter heading for Env-A 1800)
PART
Env-A
1809 APPROVAL OF ASBESTOS TRAINING
PROVIDERS AND COURSES; OBLIGATIONS OF TRAINING PROVIDERS
Env-A
1809.01 Training Approval. All training courses that are used to fulfill
licensure and certification requirements for asbestos abatement and school
asbestos abatement planning shall be approved by:
(a) The EPA;
(b) An EPA-approved state accreditation program;
or
(c)
The department, pursuant to Env-A 1809.02 and Env-A 1809.03.
Source. (See Revision Note #1 at chapter heading for Env-A 1800) #9298, eff 10-21-08; ss by #12172, eff 5-5-17 (See Revision Note #2 at chapter heading for Env-A 1800)
Env-A
1809.02 Request for Approval of
Training Course. Any training
provider seeking approval of one or more training course(s) shall submit, on
the “Application for Approval Asbestos Training Courses” form, the following in
writing to the department for each proposed course:
(a)
The name(s) of the training provider as shown on the approval issued pursuant
to Env-A 1809.04;
(b) The name of the specific course for which
approval is sought;
(c) Whether the course is intended for initial
certification or as a refresher;
(d) An outline of the training course that shows
the topics to be covered and the amount of time to be given to each topic;
(e) A copy of the applicant’s instruction manual
for the training course, and all printed material to be distributed in each
course;
(f) A description of the teaching methods to be
employed, including a description of any audio-visual aids to be used;
(g) A description of the hands-on facility to be
used, including the protocol for instruction, the number of students to be
accommodated, and the number of instructors;
(h) A description of the equipment that will be
used in both classroom lectures and in hands-on training;
(i) The name and
qualifications of each individual who will provide the training for the course,
including education, training, and experience;
(j) An example of the written examination to be
given in the course;
(k) A copy of the certificate of completion to be
given to successful course participants; and
(l)
Any additional information that may be needed to demonstrate that the
proposed course will meet the criteria for approval specified in Env-A 1809.03.
Source. (See Revision Note #1 at chapter heading for Env-A 1800) #9298, eff 10-21-08; ss by #12172, eff 5-5-17 (See Revision Note #2 at chapter heading for Env-A 1800)
Env-A
1809.03 Criteria for Approval of
Training Courses. The department
shall approve a training course for which an application is submitted pursuant
to Env-A 1809.02 if all of the following criteria are met:
(a) The training course will be conducted by
training provider approved pursuant to Env-A 1809.05;
(b) For a training course required for
certification, the course is specific to the discipline and meets the
requirements for that discipline as set forth in the model accreditation plan
(MAP);
(c) The topic or subject of instruction will be
presented through a combination of lectures, demonstrations, and field trips or
hands-on practice;
(d) For a course requiring hands-on training, the
course will:
(1) Be presented in an environment suitable to
permit participants to have actual experience performing tasks associated with
asbestos abatement;
(2) Not be replaced by demonstrations not
involving individual student participation; and
(3) Maintain a student to instructor ratio of not
greater than 10 to one;
(e) The training course will meet the following
time restrictions:
(1) The total hours required by AHERA shall be
completed within a 2-week time frame;
(2) Attendees shall not be required to attend
more than 8 hours of actual training in a single 24-hour period; and
(3) Evening instruction shall not exceed a
maximum of 4 hours in any single session;
(f) For an asbestos training course outlined in
the MAP, no fewer than 2 qualified instructors will provide the training,
except that one instructor may conduct courses for asbestos abatement workers
provided that the instructor is both field-experienced and qualified;
(g) For a training course for asbestos abatement
workers, asbestos abatement contractors and supervisors, asbestos inspectors,
asbestos management planners, or asbestos project designers, the course will meet
those requirements specific to each discipline as set forth in the MAP;
(h) Successful completion of a course for
asbestos abatement workers, asbestos abatement inspectors, and asbestos
management planners will be demonstrated by achieving a score of at least 70
percent on a written examination consisting of 50 multiple choice questions;
(i) Successful completion of a course for
asbestos abatement contractors and supervisors and for asbestos project
designers will be demonstrated by achieving a score of at least 70 percent on a
written examination consisting of 100 multiple choice questions; and
(j) If the proposed course is a refresher
training course, the course will:
(1) Meet the applicable requirements as set forth
in the MAP;
(2) Be specific to only one AHERA discipline;
and
(3) Require successful completion of the course
to be demonstrated by achieving a score of at least 70 percent on a written
examination consisting of 25 multiple choice questions.
Source. (See Revision Note #1 at chapter heading for Env-A 1800) #9298, eff 10-21-08; ss by #12172, eff 5-5-17 (See Revision Note #2 at chapter heading for Env-A 1800)
Env-A
1809.04 Request for Approval of
Training Providers. Any person who
wishes to obtain department approval as a training provider shall submit the
following in writing to the department for each proposed course:
(a) The name, mailing address, and daytime
telephone number of the applicant and a list of all names under which the
applicant conducts or intends to conduct training;
(b) A list of each asbestos training course that
the applicant intends to offer, including both initial and refresher training
courses;
(c) A list of all states and federal agencies
that have certified, accredited, or given other forms of approval to the
applicant to provide asbestos training, including:
(1) The name, mailing address, and daytime
telephone number of each department or agency giving such approval;
(2) The name and daytime telephone number of an
individual at each department or agency who can be contacted regarding the
approval; and
(3) Copies of all such written approvals;
(d) A list of any outstanding state or federal
enforcement actions pending against the applicant with regard to asbestos
abatement training or work;
(e) If there are any outstanding state or federal
enforcement actions pending against the applicant with regard to asbestos
abatement training or work, an explanation of the circumstances surrounding the
actions which demonstrates that the applicant can be expected to adhere to
applicable requirements if approved as a training provider pursuant to these
rules;
(f) Documentation that the training provider
meets the criteria specified in Env-A 1809.05; and
(g) A statement signed by a responsible person
certifying that:
(1) The applicant has read, and understands, the
New Hampshire asbestos management rules;
(2) The application was prepared in conformity
with the rules for asbestos control;
(3) All information contained in the application,
including any supplements attached, is true, correct, and not misleading to the
best of the applicant’s knowledge and belief; and
(4) The applicant understands that the applicant
is subject to the penalties in RSA 641, Falsification in Official Matters, if
any of the information is not true, not correct, or is misleading.
Source. (See Revision Note #1 at chapter heading for Env-A 1800) #9298, eff 10-21-08; ss by #12172, eff 5-5-17 (See Revision Note #2 at chapter heading for Env-A 1800)
Env-A
1809.05 Criteria for Approval of
Training Providers. The department
shall approve a training provider for which an application is submitted
pursuant to Env-A 1810.04 if all of the following criteria are met:
(a) All of the information required by Env-A
1809.04 has been submitted;
(b) The applicant has signed the certification
required by Env-A 1809.04(g);
(c) If information is submitted in response to
Env-A 1809.04(e), the department makes a determination that the applicant can
be expected to adhere to applicable requirements if approved as a training
provider pursuant to these rules;
(d) The applicant issues or will issue a uniquely
numbered certificate to each student who successfully completes an initial or
refresher course; and
(e) The applicant includes or will include the
following information on the numbered certificates it issues:
(1) Name and date of birth of the student;
(2) The course completed;
(3) The date(s) of the course and the
examination;
(4) The name, mailing address, and daytime
telephone number of the training provider;
(5) A statement that the student has completed
the requisite training for asbestos accreditation under TSCA Title II;
(6) An expiration date that is one year from the
date on which the student is issued said certificate; and
(7) The address of the location where the course
was given.
Source. (See Revision Note #1 at chapter heading for Env-A 1800) #9298, eff 10-21-08; ss by #12172, eff 5-5-17 (See Revision Note #2 at chapter heading for Env-A 1800)
Env-A
1809.06 Training Provider
Responsibilities. Each training
provider approved pursuant to Env-A 1809.01 shall:
(a) Comply with the recordkeeping requirements
for training providers as set forth in the MAP;
(b) Retain records of the following:
(1) The title of each initial and refresher
course taught;
(2) The date(s) on which the course was provided;
and
(3) The name, address, and date of birth of each
student who successfully completed the course;
(c) Notify the department in writing within 30
days following any change in course content, training aids used, facility used,
or other matters that would alter the instruction from that described in the
application. Minor changes in agenda,
such as guest speakers, if otherwise qualified, and course schedule shall be
exempt from this notification requirement;
(d) Distribute and use as part of the course content
any information or training aids furnished by the department which reflect
changes in federal regulations or state rules;
(e) Allow a representative of the department to
audit courses and review examinations without cost to the department;
(f) Provide written notification to the
department at least 10 working days prior to providing any asbestos training
courses, including:
(1) Name of training provider;
(2) Course(s) to be given; and
(3) Location and date(s) of course(s);
(g) Make the records retained in accordance with
(b), above, available to the department upon request; and
(h) Within 20 days of the conclusion of any
approved training, submit a course roster to the department noting:
(1) Name and date(s) of the course; and
(2) The name, date of birth, and exam grade for
each attendee.
Source. (See Revision Note #1 at chapter heading for Env-A 1800) #9298, eff 10-21-08; ss by #12172, eff 5-5-17 (See Revision Note #2 at chapter heading for Env-A 1800)
Env-A
1809.07 Application Processing.
(a) The department shall process applications in
accordance with RSA 541-A:29.
(b) The department shall deny any application
that:
(1) Does not include the information required by
Env-A 1809.02 and Env-A 1809.03; or
(2) Contains false or misleading material
information.
(c) The department shall notify the applicant of
its decision in writing. If the
application is denied, the notice shall specify the reason(s) for denial and be
sent to the applicant by certified mail.
(d) If the
applicant wishes to appeal the decision, the applicant shall file such appeal
following the procedures set forth in Env-A 1809.10.
Source. (See Revision Note #1 at chapter heading for Env-A 1800) #9298, eff 10-21-08; ss by #12172, eff 5-5-17 (See Revision Note #2 at chapter heading for Env-A 1800)
Env-A 1809.08 Duration and Renewal of Training
Provider Approvals.
(a) Training provider approval shall be effective
for one year from the date of issuance as indicated on the written approval.
(b) If the training provider wishes to renew the
approval, the training provider shall:
(1) Submit a completed application for renewal,
on the “Application for Asbestos Training Courses” form, no later than 30 days
prior to the expiration date of the current approval, including:
a. Information as set forth in Env-A 1809.02(i) and Env-A 1809.04(a), (b), (d), and (g), without reference to previously submitted material;
b. Information as set forth in Env-A 1809.02(d),
(e), (f), (g), (h), (j), and (k) and Env-A 1809.04(c),
that has changed from the original application; and
c. Information as set forth in Env-A 1809.02(d),
(e), (f), (g), (h), (i), (j), and (k) and Env-A
1809.04(a), (b), (c), (d), and (g) for any new training courses for which the
applicant requests approval and for which approval was not requested in the
original application;
(2) Attach any additional information and
documentation required by this chapter, including a list of the type of
asbestos training courses offered in the past year with the number of students
that successfully completed the courses; and
(3) Apply for renewal no later than 3 years after
the expiration date of the previous approval.
(c)
The department shall not accept a renewal application from a
previously-approved training provider whose approval expired more than 3 years
prior to the date of the renewal application, but shall inform the person that
if approval is desired, a new application shall be submitted pursuant to Env-A
1809.02.
Source. (See Revision Note #1 at chapter heading for Env-A 1800) #9298, eff 10-21-08; ss by #12172, eff 5-5-17 (See Revision Note #2 at chapter heading for Env-A 1800)
Env-A
1809.09 Suspension,
Revocation, or Refusal to Renew Approval as a Training Provider.
(a) If the department
obtains credible information indicating that one or more reasons to suspend or
revoke a training provider approval as specified in (i),
below, exists, the department shall notify the training provider in writing of:
(1) The department’s intended action;
(2) The reason(s) for the intended action; and
(3) The date by which the training provider shall file a written request for an adjudicative hearing if the
training provider wishes to contest the proposed action, which date shall be 15
working days from the date of the department’s notice.
(b) If the department receives a written request
for an adjudicative hearing in accordance with (a)(3), above, the department
shall proceed in accordance with RSA 541-A:31 and Env-C 200 as applicable to
adjudicative proceedings.
(c)
If the department does not receive a written request for an adjudicative hearing
in accordance with (a)(3), above, the approval shall be deemed suspended or
revoked, as specified in the notice issued pursuant to (a), above, as of the 16th
working day from the date of the department’s notice.
(d)
The department shall suspend a training provider approval if the
department determines that one or more reason(s) to suspend or revoke a
training provider approval exists but that:
(1) The training
provider did not act with intent to deceive; and
(2) The deficiency(ies) can be corrected so as to conform to applicable
requirements.
(e)
If the department suspends a training provider approval, the department
shall:
(1) Notify the
training provider in writing of the specific deficiency(ies);
(2) Specify a
reasonable time to correct the deficiency(ies), which
shall be determined based on the number and nature of the deficiency(ies); and
(3) Inform the
training provider in the written notice that if the deficiencies are not
corrected within the specified time, the approval shall be deemed revoked.
(f)
The department shall revoke a training provider approval if the
department determines that one or more reason(s) to suspend or revoke a
training provider approval exists and that:
(1) The training
provider acted with intent to deceive; or
(2) The deficiency(ies) cannot be corrected so as to conform to applicable
requirements.
(g)
If the department revokes a training provider approval, the department
shall notify the training provider in writing of the revocation and the
reason(s) therefor.
(h)
If the department obtains credible information indicating that a reason exists to
suspend or revoke a training provider approval as specified in (i), below, while an application for renewal of a training
provider approval is pending, the department shall inform the training provider
of the information and offer an opportunity for the training provider to
respond to the information prior to a decision being made on the application
for renewal.
(i) A training provider approval shall be
suspended or revoked if:
(1) The training
provider is not conducting training that meets the requirements of Env-A
1809.02 or Env-A 1809.03; or
(2) The training
provider has failed to comply with Env-A 1809.06.
Source. (See Revision Note #1 at chapter heading for Env-A 1800) #9298, eff 10-21-08; ss by #12172, eff 5-5-17 (See Revision Note #2 at chapter heading for Env-A 1800)
Env-A 1809.10 Appeal. A training provider aggrieved by a department
decision made pursuant to Env‑A 1809.09 who
wishes to appeal the decision shall appeal to the air resources council in
accordance with RSA 21-O:14 and the rules adopted by that council, currently
Env-AC 200.
Source. (See Revision Note #1 at chapter heading for Env-A 1800) #9298, eff 10-21-08; ss by #12172, eff 5-5-17 (See Revision Note #2 at chapter heading for Env-A 1800)
PART Env-A 1810 LICENSING
AND CERTIFICATION FOR ASBESTOS ABATEMENT
AND SCHOOL ASBESTOS ABATEMENT PLANNING
Env-A 1810.01 Applicability.
(a) Pursuant to RSA 141-E:10 and RSA 141-E:11,
the rules in this part shall apply to any contractor, employer, or individual
that engages in any asbestos abatement or school asbestos abatement planning
activities.
(b) Pursuant to the AHERA regulations promulgated by EPA, individuals
who conduct asbestos inspections of schools, or provide services as an asbestos
management planner or project designer to schools, shall apply to the
department for certification as either an asbestos inspector, asbestos
management planner, or as an asbestos project designer.
(c) Each individual
to whom a certification has been issued pursuant to this part shall maintain a
current training certificate while the certification is in effect.
(d) Each individual performing
work at an asbestos abatement project in New Hampshire, except as exempted
under Env-A 1810.02, shall have in his or her possession at the work site the
certification issued by the department and the initial and current training
certificates issued to that individual.
Source. (See Revision Note #1 at chapter heading for Env-A 1800) #9298, eff 10-21-08; ss by #12172, eff 5-5-17 (See Revision Note #2 at chapter heading for Env-A 1800)
Env-A 1810.02 Exemptions.
(a) Any individual,
other than a maintenance worker, who performs
only minor asbestos abatement projects as defined in Env-A 1802 shall be exempt
from the requirement to obtain an entity license in accordance with Env-A 1810.03,
provided such individual holds a valid
asbestos abatement worker or supervisor certificate issued pursuant to Env-A
1810.04 or Env-A 1810.05 and complies with Env-A 1805.07 and Env-A1805.08(a)
and (b).
(b) Any individual
working only as an asbestos inspector, asbestos management planner, asbestos
abatement project designer, or a combination of these, shall be exempt from the
licensing requirements of Env-A 1810.03 only if these services are not provided
to schools.
(c) A maintenance
worker who works in one or more buildings that
contain asbestos-containing building materials shall be exempt from
licensing and certification requirements for asbestos abatement site
supervisors and workers provided that the maintenance
worker:
(1) Receives 16 hours of initial training as described
in 40 CFR 763.92(a)(1) and (2);
(2) Receives 4 hours of refresher training annually, which refresher courses shall include changes in
federal and state regulations, developments in state-of-the-art procedures, and
a review of key aspects of the initial training course; and
(3) Performs only operations, maintenance, and repair
activities that are of small-scale and short-duration as defined in Env-A 1802,
provided that such projects shall be limited to not more than 3 linear feet of asbestos
surface on pipes or ducts or 3 square feet of asbestos-containing building
material on the surface of structures other than pipes or ducts.
Source. (See Revision Note #1 at chapter heading for Env-A 1800) #9298, eff 10-21-08; ss by #12172, eff 5-5-17 (See Revision Note #2 at chapter heading for Env-A 1800)
Env-A
1810.03 Application Procedures.
(a) An individual
seeking a certificate for asbestos abatement or school
asbestos abatement planning or a person seeking a license for asbestos
abatement shall submit a complete application in
writing to the department at the following address:
NH DES
Attn: Asbestos Licensing Program
P.O. Box 95
29 Hazen Drive
Concord, NH 03302-0095
(b) A complete application shall include:
(1) The information
specified in Env-A 1810.04 and Env-A 1810.13 through Env-A 1810.18, as
applicable, on an application form obtained
from the department;
(2) The signature and certification required by
Env-A 1810.06;
(3) If
the applicant is an individual, one clear, unmutilated, and unstapled 2-inch by
2-inch color photograph of the applicant with the name of the applicant printed legibly on the back of each photograph;
(4) If the applicant is an individual, a copy of each dated
training certificate which shows the applicant’s training to be current at the
time of application;
(5) If the applicant is an entity, a copy of each
training certificate held by each responsible person who fulfills the licensing
requirement specified in (4), above; and
(6) The appropriate
application fee as set forth in Env-A 1810.09.
(c) An applicant may
submit a combination application for asbestos inspector, asbestos
management planner, and project designer, provided the applicant fulfills the
application requirements for each discipline for which application is being
made and applies for the certifications at the same time. Any applications received separately from the
same applicant shall be treated as separate applications.
Source. (See Revision Note #1 at chapter heading for Env-A 1800) #9298, eff 10-21-08; ss by #12172, eff 5-5-17 (See Revision Note #2 at chapter heading for Env-A 1800)
Env-A
1810.04 Information Required for All
Applications. Each applicant shall
supply the following information on the application
form:
(a) The name, mailing address, daytime telephone
number, email address, and date of birth of the applicant;
(b) The name, mailing address, email address, fax number,
location, and daytime telephone number of the
employer or principal place of business of the applicant;
(c) The type of certification
being requested;
(d) A list of each agency, if any, that has
certified the applicant for asbestos abatement work, and for each such agency,
the following information:
(1) The name and address of the agency that
issued the certification;
(2) The name, title, and daytime telephone number
and, if available, an email address, of the individual at the agency who can be
contacted regarding the requirements that must be met in order to receive
certification from that agency;
(3) The type of certification issued; and
(4) The dates of issuance and expiration of the
certification; and
(e) A list of all state or federal enforcement
actions against the applicant with regard to asbestos abatement or planning work, if any,
and for each action, the following information:
(1) The name and address of the agency that
initiated the enforcement action;
(2) The date of the action;
(3) Whether the action has been resolved; and
(4) If the action has been resolved, when and how
the action was resolved.
Source. (See Revision Note #1 at chapter heading for Env-A 1800) #9298, eff 10-21-08; ss by #12172, eff 5-5-17 (See Revision Note #2 at chapter heading for Env-A 1800)
Env-A 1810.05 Optional Information for Applications.
(a) Any
applicant for an abatement entity license under this part that has business
liability insurance or is bonded, or both, for work done under the license may
submit proof of such insurance or bond, or both, with the application.
(b) If proof of insurance or bond, or both, is
submitted with the application and the application is approved, the department
shall note that the licensee has represented that work done under the license
is covered by insurance or a bond, or both, as applicable.
Source. (See Revision Note #1 at chapter heading for Env-A 1800) #9298, eff 10-21-08; ss by #12172, eff 5-5-17 (See Revision Note #2 at chapter heading for Env-A 1800)
Env-A 1810.06 Signature and
Certification Required for Applications.
(a) The application
shall be signed and dated by:
(1) The applicant,
if the applicant is an individual; or
(2) A responsible person, if the applicant is an
entity.
(b)
The signature of the applicant shall constitute certification that:
(1) The applicant has read, and understands, the New Hampshire asbestos management
rules;
(2) The application has been prepared in
conformity with this chapter;
(3) All information contained in the
application, including any supplements attached, is true, complete, and not
misleading to the best of the knowledge and belief of the signer; and
(4) The
applicant understands that the applicant is subject to the penalties in RSA
641, Falsification in Official Matters, if any material information is untrue,
incomplete, or misleading.
Source. (See Revision Note #1 at chapter heading for Env-A 1800) #9298, eff 10-21-08; ss by #12172, eff 5-5-17 (See Revision Note #2 at chapter heading for Env-A 1800)
Env-A 1810.07 Requests for
Replacement Certificates.
(a) The department shall provide a replacement
certificate for a certificate that has been lost, destroyed, or stolen, provided
the certificate holder submits a request, on the “Application for Duplicate/Solicitud de Duplicado De” form,
that is:
(1) In writing;
(2) Signed by the certificate holder;
(3) Accompanied by one photograph as specified in
Env-A 1810.03(b)(3); and
(4) Accompanied by the appropriate application
fee as set forth in Env-A 1810.09(b)(9).
(b) If the certificate holder finds a certificate
that has been replaced pursuant to (a), above, the certificate holder shall
return the original certificate to the department.
Source. (See Revision Note #1 at chapter heading for Env-A 1800) #9298, eff 10-21-08; ss by #12172, eff 5-5-17 (See Revision Note #2 at chapter heading for Env-A 1800)
Env-A
1810.08 Renewal Application Requirements.
(a) An application for renewal of a license or
certification issued under this chapter shall be on a form obtained from the
department and include:
(1) All
of the information required by Env-A 1810.03 and Env-A 1810.13, Env-A 1810.14, Env-A 1810.15, Env-A 1810.16, Env-A 1810.17, or Env-A 1810.18, as applicable
to the license or certification for which application is being made;
(2)
Documentation that annual refresher courses as required by this chapter
are current at the time renewal is sought; and
(3) The
appropriate application fee as set forth in Env-A 1810.09.
(b) Any person holding a license or certification
that expired more than 3 years prior to the date a renewal application would be
filed shall submit a new application pursuant to Env-A 1810.04 in lieu of an
application to renew.
(c) An applicant may apply for renewal of
combination certifications only if the renewal application is for the same
certifications the applicant originally received. An applicant requesting any changes in the
certifications shall submit new applications pursuant to Env-A 1810.03 in lieu
of an application to renew.
(d) The department shall not accept an
application for renewal of a license or certification more than 60 days before
expiration of the current license or certification.
(e) Department action on the renewal application
shall be in accordance with RSA 541-A:29.
Source. (See Revision Note #1 at chapter heading for Env-A 1800) #9298, eff 10-21-08; ss by #12172, eff 5-5-17 (See Revision Note #2 at chapter heading for Env-A 1800)
Env-A
1810.09 Application Fees.
(a) A non-refundable application fee in the form of
cash, company check, certified check, or money order shall accompany each
license or certification application. A
company check, certified check, or money order shall be made payable to
“Treasurer, State of New Hampshire”.
(b) The fees for each category of license and
certification application shall be as follows:
(1) For
an asbestos abatement entity, an initial licensing fee of $1,000 and an annual
renewal fee of $750;
(2) For an asbestos abatement site supervisor, an
initial certification fee of $200 and an annual renewal fee of $200;
(3) For
an asbestos abatement worker, an initial certification fee of $50 and an annual
renewal fee of $50;
(4) For
an asbestos inspector, an initial certification fee of $200 and an annual
renewal fee of $200;
(5) For
an asbestos management planner, an initial certification fee of $200 and an
annual renewal fee of $200 for each annual certification renewal;
(6) For
an asbestos project designer, an initial certification fee of $200 and an
annual renewal fee of $200;
(7) For
initial combination certifications, an initial certification fee of $200 for
the first certification and $50 for each additional certification;
(8) For
annual renewals of identical combination certifications, $200 for the first
certification and $50 for each additional certification; and
(9) For
replacement of a lost or stolen certificate, a fee of $20.
Source. (See Revision Note #1 at chapter heading for Env-A 1800) #9298, eff 10-21-08; ss by #12172, eff 5-5-17 (See Revision Note #2 at chapter heading for Env-A 1800)
Env-A
1810.10 License and Certification
Suspension, Denial, and Revocation.
(a) If the department
obtains credible information indicating that one or more reasons to suspend or
revoke an asbestos abatement license or certification as specified in (i), below, exists, the department shall notify the holder
of the license or certification in writing of:
(1) The
department’s intended action;
(2) The
reason(s) for the intended action; and
(3) The
date by which the holder of the license or certification shall file a written
request for an adjudicative hearing if the holder wishes to contest the
proposed action, which date shall be 15 working days from the date of the
department’s notice.
(b) If the department
receives a written request for an adjudicative hearing in accordance with
(a)(3), above, the department shall proceed in accordance with RSA 541-A:31 and
Env-C 200 as applicable to adjudicative proceedings.
(c) If the department does not receive a written request for an adjudicative hearing in accordance
with (a)(3), above, the license or certification shall be deemed suspended or
revoked, as specified in the notice issued pursuant to (a), above, as of the 16th
working day from the date of the department’s notice.
(d) The department shall suspend a license or
certification if the department determines that one or more reason(s) to suspend
or revoke a license or certification exists but that:
(1) The license or certification holder did not
act with intent to deceive; and
(2) The deficiency(ies)
can be corrected so as to conform to applicable requirements.
(e) If the department suspends a license or
certification, the department shall:
(1) Notify the license or certification holder in
writing of the specific deficiency(ies);
(2) Specify a reasonable time to correct the
deficiency(ies), which shall be determined based on
the number and nature of the deficiency(ies); and
(3) Inform the license or certification holder in
the written notice that if the deficiencies are not corrected within the
specified time, the approval shall be deemed revoked.
(f) The department shall revoke a license or
certification if the department determines that one or more reason(s) to
suspend or revoke a license or certification exists and that:
(1) The license or certification holder acted
with intent to deceive; or
(2) The deficiency(ies)
cannot be corrected so as to conform to applicable requirements.
(g) If the department revokes a license or
certification, the department shall notify the license or certification holder
in writing of the revocation and the reason(s) therefor.
(h)
If the department obtains credible information indicating that a reason exists to
suspend or revoke a license or certification as specified in (i), below, while an application for renewal of a license or
certification is pending, the department shall inform the license or
certification holder of the information and offer an opportunity for the
license or certification holder to respond to the information prior to a
decision being made on the application for renewal.
(i)
A license or certification shall be denied, suspended, or revoked if:
(1) The official record of the applicant, license
holder, or certification holder contains violations of health and safety laws
or regulations of the United States of America, or any state, which pose a
threat to workers or the public;
(2) The applicant, license holder, or
certification holder has submitted materially false or fraudulent information
on an application;
(3) The applicant, license
holder, or certification holder has failed to submit any required information
or documentation with the application; or
(4) The applicant, license holder, or
certification holder has demonstrated an inability to comply with any
applicable federal or state standard for asbestos projects.
Source. (See Revision Note #1 at chapter heading for Env-A 1800) #9298, eff 10-21-08; ss by #12172, eff 5-5-17 (See Revision Note #2 at chapter heading for Env-A 1800)
Env-A 1810.11 Appeal. A license or
certification holder aggrieved by a department decision made pursuant to Env-A
1810.10 who wishes to appeal the decision shall appeal to the air resources
council in accordance with RSA 21-O:14 the rules adopted by that council,
currently Env-AC 200.
Source. (See Revision Note #1 at chapter heading for Env-A 1800) #9298, eff 10-21-08; ss by #12172, eff 5-5-17 (See Revision Note #2 at chapter heading for Env-A 1800)
Env-A
1810.12 Expiration. Each license and certification issued under
this chapter shall expire on the sooner of:
(a) One year from the date of issuance, unless
the license or certification is revoked prior to that date; or
(b) The expiration of the training certificate filed with the initial or renewal application.
Source. (See Revision Note #1 at chapter heading for Env-A 1800) #9298, eff 10-21-08; ss by #12172, eff 5-5-17 (See Revision Note #2 at chapter heading for Env-A 1800)
Env-A
1810.13 Asbestos Abatement Entity
Licensing Requirements.
(a) An asbestos abatement entity shall not engage
in any asbestos abatement project in New Hampshire without first:
(1)
Being licensed to do so under the provisions of this chapter, unless it
is exempt as specified in Env-A 1810.02; and
(2)
Being registered and in good standing to do business as required by the
secretary of state.
(b) The information required by Env-A 1810.03(b)(1)
from an applicant for an asbestos abatement entity license shall be supplied on
or with the “Application for Asbestos Abatement Entity License” form, as
follows:
(1) A
list of the names and addresses of the responsible person(s) of the applicant,
as defined in Env-A 1802, and all individuals in management of the entity
having primary responsibility for, and control over, the asbestos abatement
work of the applicant;
(2) A
list of all names, acronyms, or other identifiers by which the applicant is or has
been known, or under which the applicant does or has done business;
(3) A
list of all New Hampshire-certified asbestos abatement supervisors in the
applicant’s employ at the time of application;
(4)
Documentation that a responsible person, as defined in Env-A 1802, and
currently employed by the entity, has attended and completed an approved
training course for asbestos abatement contractors and supervisors as outlined
in Env-A 1809.03(g) and (i) with a score of 70
percent or greater on the required written examination; and
(5) The
name, mailing address, telephone number, fax number, and, if available, the
email address of the person designated to be the principal contact for the
applicant.
(c) Each asbestos abatement entity to which the department
issues a license shall:
(1)
Have a current copy of this chapter available at all active asbestos
abatement worksites;
(2)
Retain for 30 years all business and personnel records for each asbestos
abatement project which has been performed by the entity in New Hampshire;
(3)
Notify the department within 30 days of any change in personnel employed
by the entity as New Hampshire-certified asbestos abatement supervisors;
(4)
Ensure that an asbestos abatement supervisor who is certified in
accordance with Env-A 1810.14 and whose training is current is present on-site
whenever any asbestos abatement activity is being carried out as part of an
asbestos abatement project in New Hampshire;
(5) Require
all employees and contract workers engaged in asbestos abatement activities in
New Hampshire to be certified in accordance with the provisions of this chapter
and to have a current training certificate;
(6)
Submit documentation of all employee training upon request of the
department;
(7)
Notify the department within 30 days of any change in the names or
addresses of any responsible person(s) who work(s) for the licensed entity; and
(8)
Maintain an accurate list of the name of each individual entering and
exiting an established asbestos abatement containment area.
(d) The department shall renew an asbestos
abatement entity license annually provided the license holder meets the license renewal
requirements specified in Env-A 1810.08, and provides the following:
(1) A
current list of New Hampshire-certified asbestos abatement supervisors in its
employ;
(2) A
list of projects performed by the licensed entity within the last 12 months,
which includes the date of project, name of project owner, contact person,
telephone number, and project supervisor(s); and
(3)
Documentation of attendance and completion, by a responsible person as
defined in Env-A 1802 and currently employed by the entity, of an annual
refresher course for asbestos abatement contractors and supervisors as outlined
in Env-A 1809.03(j), with a score of 70 percent or greater on the required
written examination.
Source. (See Revision Note #1 at chapter heading for Env-A 1800) #9298, eff 10-21-08; ss by #12172, eff 5-5-17 (See Revision Note #2 at chapter heading for Env-A 1800)
Env-A
1810.14 Asbestos Abatement Supervisor
Certification Requirements.
(a) Except as specified in Env-A 1810.02, no individual
shall engage in any on-site supervision of asbestos abatement workers during an
asbestos abatement project in New Hampshire without first being certified as an
asbestos abatement supervisor under the provisions of this chapter.
(b) The applicant shall provide, on the
“Application for Asbestos Abatement Supervisor Certification” form, the
information required by Env-A 1810.03(b)(1) including documentation that the
applicant has:
(1) At
least 12 months of asbestos abatement work experience; and
(2)
Attended and completed an approved training course for asbestos
abatement contractors and supervisors as outlined in Env-A 1809.03(g) and (i), with a score of 70 percent or greater on the required
written examination.
(c) The department shall renew an asbestos
abatement supervisor certification annually provided the certificate holder
meets the requirements for certification renewal specified in Env-A 1810.08,
and provides the following on the “Application for Asbestos Abatement
Supervisor Certification Form”:
(1)
Documentation that the applicant has attended and completed an approved
asbestos abatement supervisor annual review course as outlined in Env-A
1809.03(j), with a score of 70 percent or greater on the required written
examination; and
(2) A
list of projects performed or supervised by the certificate holder within the
last 12 months that includes, for each project:
a. The
date(s) the project started and ended;
b. The
name of the project owner;
c. The name
of a contact person for the project owner and a telephone number for the
contact person; and
d. The
name of site supervisor if not the certificate holder.
Source. (See Revision Note #1 at chapter heading for Env-A 1800) #9298, eff 10-21-08; ss by #12172, eff 5-5-17 (See Revision Note #2 at chapter heading for Env-A 1800)
Env-A
1810.15 Asbestos Abatement Worker
Certification Requirements.
(a) Except as exempted by Env-A 1810.02, no
individual shall perform as an asbestos abatement worker in New Hampshire
without first being certified as an asbestos abatement worker under the
provisions of this chapter.
(b) The information required by Env-A
1810.03(b)(1) from an applicant for certification as an asbestos abatement
worker shall;
(1)
Include documentation that the applicant has attended and completed an
approved training course for asbestos abatement workers as outlined in Env-A
1809.03(g) and (h), with a score of 70 percent or greater on the required written
examination; and
(2)
Provide the information by completing and submitting, in English or
Spanish, an “Application for Asbestos Abatement Worker Certification Form.”
(c) The department shall renew an asbestos worker
certification annually provided the certificate holder:
(1) Meets the requirements for certification renewal
specified in Env-A 1810.08; and
(2) Provides documentation on or with an
“Application for Asbestos Abatement Worker Certification” form, that the applicant
has attended and completed an approved asbestos abatement worker annual review
course as outlined in Env-A 1809.03(j), with a score of 70 percent or greater
on the required written examination.
Source. (See Revision Note #1 at chapter heading for Env-A 1800) #9298, eff 10-21-08; ss by #12172, eff 5-5-17 (See Revision Note #2 at chapter heading for Env-A 1800)
Env-A
1810.16 Asbestos Inspector
Certification Requirements.
(a) No individual shall perform any asbestos
inspections of schools in New Hampshire without first being certified as an
asbestos inspector under the provisions of this chapter.
(b) The applicant shall provide, on the
“Application for Certification as an Asbestos Inspector, Management Planner
and/or Project Designer” form, the information required by Env-A 1810.03(b)(1)
including documentation that the applicant has:
(1)
Attended and completed an initial approved training course for asbestos
inspectors as outlined in Env-A 1809.03(g) and (h), with a score of 70 percent
or greater on the required written examination; and
(2) Had
a minimum of 6 months experience in a comparable occupation or 2 months field
experience under the supervision of a certified asbestos inspector or
management planner.
(c) The department shall renew an asbestos
inspector certification annually provided the certificate holder:
(1)
Meets the requirements for certification renewal specified in Env-A
1810.08; and
(2) Provides
documentation on the “Application for Certification as an Asbestos Inspector,
Management Planner and/or Project Designer” form, that the applicant has
attended and completed an approved asbestos abatement inspector review training
course as outlined in Env-A 1809.03(j), with a score of 70 percent or greater
on the required written examination.
Source. (See Revision Note #1 at chapter heading for Env-A 1800) #9298, eff 10-21-08; ss by #12172, eff 5-5-17 (See Revision Note #2 at chapter heading for Env-A 1800)
Env-A
1810.17 Asbestos Management Planner
Requirements.
(a) No individual shall function as an asbestos
management planner for schools in New Hampshire without first being certified
as an asbestos management planner under the provisions of this chapter.
(b) The applicant shall provide, on the
“Application for Certification as an Asbestos Inspector, Management Planner
and/or Project Designer” form, the information required by Env-A 1810.03(b)(1)
from an applicant for certification as an asbestos management planner including
documentation that the applicant has:
(1)
Attended and completed an approved asbestos management planning training
course as outlined in Env-A 1809.03(g) and (h), with a score of 70 percent or
greater on the required written examination;
(2) A
minimum of an associate degree or certificate of completion of a 2-year program
in:
a.
Project planning;
b. Management;
c. Environmental sciences;
d. Engineering;
e. Construction;
f. Architecture;
g. Industrial hygiene;
h. Occupational health, or
i. A related scientific field; and
(3) A
minimum of 6 months experience in asbestos abatement, including experience in asbestos
management, or a combination of education and experience equivalent to that
minimum.
(c) The department shall renew an asbestos
management planner certification annually provided the certificate holder:
(1)
Meets the requirements for certification renewal specified in Env-A
1811.08; and
(2) Provides documentation on the “Application
for Certification as an Asbestos Inspector, Management Planner and/or Project
Designer” form, that the applicant has attended and completed an approved
asbestos management planner annual review training course as outlined in Env-A
1810.03(j), with a score of 70 percent or greater on the required written
examination.
Source. (See Revision Note #1 at chapter heading for Env-A 1800) #9298, eff 10-21-08; ss by #12172, eff 5-5-17 (See Revision Note #2 at chapter heading for Env-A 1800)
Env-A
1810.18 Asbestos Project Designer
Requirements.
(a) No individual shall function as an asbestos
project designer for schools in New Hampshire without first being certified as
an asbestos project designer under the provisions of this chapter.
(b) The applicant shall provide, on the
“Application for Certification as an Asbestos Inspector, Management Planner
and/or Project Designer” form, the information required by Env-A 1810.03(b)(1)
including documentation that the applicant has:
(1)
Attended and completed an approved asbestos abatement project designer
course as outlined in Env-A 1809.03(g) and (i), with
a score of 70 percent or greater on the required written examination; and
(2) One
of the following combinations of education, training, and professional
registration:
a. At
least 12 months experience in asbestos abatement and a bachelor's degree in
industrial hygiene, occupational health, environmental science, biological
science, physical science, or a closely related field;
b. At
least 12 months experience in asbestos abatement and registration as a
registered architect or registered engineer; or
c. At
least 2 years’ experience in asbestos abatement including experience in
asbestos abatement design.
(c) The department shall renew an asbestos abatement
project designer certification annually provided the certificate holder:
(1)
Meets the requirements for certification renewal specified in Env-A
1810.08; and
(2)
Provides on the “Application for Certification as an Asbestos Inspector,
Management Planner and/or Project Designer” form, documentation that the
applicant has attended and completed an approved asbestos abatement project
designer annual review training course as outlined in Env-A 1809.03(j), with a
score of 70 percent or greater on the written examination.
Source. (See Revision Note #1 at chapter heading for Env-A 1800) #9298, eff 10-21-08; ss by #12172, eff 5-5-17 (See Revision Note #2 at chapter heading for Env-A 1800)
Env-A
1810.19 Reciprocity.
(a) In accordance with RSA 141-E:11, asbestos abatement
site supervisors, workers, inspectors, management planners, and project
designers who have been granted certification by other states, or the EPA,
shall be granted reciprocity by the state of New Hampshire, provided the certification requirements of said
state(s) are substantially equivalent to the provisions of Env-A 1810 for the
individual discipline certification for which application is being made.
(b) The applicant for reciprocity shall:
(1) Apply in accordance with Env-A 1810.03; and
(2) Fulfill all
requirements as specified for the individual discipline certification for which
application is being made.
(c) The department shall act
on the application in accordance with RSA 541-A:29.
Source. (See Revision Note #1 at chapter heading for Env-A 1800) #9298, eff 10-21-08; ss by #12172, eff 5-5-17 (See Revision Note #2 at chapter heading for Env-A 1800)
PART Env-A 1811 LICENSING ASBESTOS DISPOSAL SITE CONTRACTORS
Env-A
1811.01 Purpose. The purpose of this part is to implement the
provisions of RSA 141-E:10 that require contractors, employers including
self-employed individuals, and other individuals who disturb asbestos at
asbestos disposal sites to be licensed.
Source. (See Revision Note #1 at chapter heading for Env-A 1800) #9298, eff 10-21-08; ss by #12172, eff 5-5-17 (See Revision Note #2 at chapter heading for Env-A 1800)
Env-A
1811.02 Applicability. Except as specified in Env-A 1811.03, any
contractor, employer, or individual who disturbs asbestos at an asbestos
disposal site shall hold a valid license issued pursuant to this part.
Source. (See Revision Note #1 at chapter heading for Env-A 1800) #9298, eff 10-21-08; ss by #12172, eff 5-5-17 (See Revision Note #2 at chapter heading for Env-A 1800)
Env-A
1811.03 Exemptions. The following individuals who disturb
asbestos at asbestos disposal sites shall not be required to hold a license
issued pursuant to this part:
(a) Individuals identified in RSA 141-E:10, I(a),
namely, individuals certified pursuant to Env-A 1812 who perform the work for a
contractor, employer, or other individual holding a valid license issued
pursuant to this part;
(b) The owner of a single-family, owner-occupied
property who, on said property only, personally performs the work, subject to
the following conditions:
(1) The owner shall be trained and certified
pursuant to Env-A
1812; and
(2) The work shall be done in a manner that
prevents the release of asbestos fibers and in accordance with other federal,
state, and local requirements, including the requirements identified in Env-A
1801.01(b);
(c) Entities and individuals undertaking a
small-scale, short-duration disturbance of asbestos at an asbestos disposal site,
subject to the following conditions:
(1) The entity or individual shall not be under license
suspension or revocation pursuant to these rules;
(2) The quantity of material disturbed shall not
exceed one cubic foot;
(3) The area of disturbance shall not exceed 3
square feet;
(4) The work shall be completed within 2 hours of
being initiated;
(5) The entity or individual shall assure that
the local health officer is notified before the work commences and that the
local health officer and the department are provided access to the work site
for inspection;
(6) The work shall be done in a
manner that prevents
the release of asbestos fibers and in accordance with other federal, state, and
local requirements, including the requirements identified in Env-A 1801.01(b);
and
(7) The
work shall not be part of a larger project that is being segmented into
small-scale, short-duration tasks; and
(d) Entities and individuals removing non-friable
asbestos only from the ground surface to a container for disposal, subject to
the following conditions:
(1) The
activity shall not involve excavation below the ground surface;
(2) The activity shall not involve contact
with friable asbestos or asbestos that exhibits friable characteristics; and
(3) The work shall be done in a manner that
prevents the release of asbestos fibers and in accordance with other federal,
state, and local requirements, including the requirements identified in Env-A
1801.01(b).
Source. (See Revision Note #1 at chapter heading for Env-A 1800) #9298, eff 10-21-08; ss by #12172, eff 5-5-17 (See Revision Note #2 at chapter heading for Env-A 1800)
Env-A 1811.04 Applications for Licensure. Each entity and individual seeking a license
to disturb asbestos at an asbestos disposal site shall submit a completed
application to the department, on a form obtained from the department, that:
(a) Contains the information specified in Env-A
1811.05;
(b) Is signed and dated as specified in Env-A
1810.06 by the applicant and each responsible person who fulfills the licensing
requirement specified in Env-A 1811.10(b); and
(c) Is accompanied by an application fee of $250,
in the form of cash, company check, certified check, or money order. A company check, certified check, or money
order shall be made payable to "Treasurer, State of New Hampshire".
Source. (See Revision Note #1 at chapter heading for Env-A 1800) #9298, eff 10-21-08; ss by #12172, eff 5-5-17 (See Revision Note #2 at chapter heading for Env-A 1800)
Env-A 1811.05 Information Required for Licensure Applications. The applicant shall provide, on the “Application for Asbestos Disposal Site Contractor License” form, the information required by Env-A 1811.04(a) shall be as follows:
(a) The applicant’s name, mailing address,
physical address if other than the mailing address, e-mail address, fax number,
and daytime telephone number;
(b) Whether the applicant is an individual or an
entity, and, if an entity, whether the applicant is a corporation, partnership,
political subdivision, or other kind of association or organization;
(c) If the applicant is an individual, the
applicant’s date of birth;
(d) If the applicant is an entity, the applicant’s
legal name, state of incorporation or formation, as applicable, and address of
its principal place of business;
(e) If the applicant is an entity, then for each
of its responsible persons, the individual’s:
(1)
Name and title;
(2) Date
of birth; and
(3)
Address;
(f) The name, title, mailing address, email
address, fax number, and daytime telephone number of the individual affiliated
with and designated by the applicant to be contacted regarding the application;
(g) The name of each responsible person who
fulfills the licensing requirement specified in Env-A 1811.10(b), plus the
following additional information about each such individual:
(1)
Title and principal duties;
(2)
Mailing address;
(3)
Telephone number;
(4) Date
of birth; and
(5)
Current certificate number;
(h) Identification of all certifications and
licenses, both past and present, issued to the applicant pursuant to He-P 5000
or Env-A 1800;
(i) A list of all
state or federal enforcement actions, both past and pending, against the
applicant, including its responsible persons, with regard to environmental,
health or safety activities, and the current status of each such enforcement
action;
(j) A list of all individuals currently employed
or otherwise associated with the applicant who, under the authority of the
applicant's license, if issued, will perform work relating to the disturbance
of asbestos at asbestos disposal sites, including the following information
about each individual:
(1)
Name;
(2)
Date of birth;
(3)
Position title;
(4)
Business mailing address;
(5)
Business telephone number;
(6)
If the individual is certified pursuant to Env-A 1812, the certificate number and
expiration date;
(7)
If the individual is not certified pursuant to Env-A 1812, the date application for certification was
or will be made, and the date training in accordance with Env-A 1813 was or
will be obtained; and
(8)
Whether the individual meets the requirements of a competent person, as
specified in 29 CFR 1926.1101, or an on-site supervisor, as specified in 29 CFR
1910.120, or both.
Source. (See Revision Note #1 at chapter heading for Env-A 1800) #9298, eff 10-21-08; ss by #12172, eff 5-5-17 (See Revision Note #2 at chapter heading for Env-A 1800)
Env-A 1811.06 Optional Information for Licensure
Applications.
(a) Any
applicant for licensure under this part that has business liability insurance
or is bonded, or both, for work done under the license may submit proof of such
insurance or bond, or both, with the application.
(b) If proof of insurance or bond, or both, is
submitted with the application and the application is approved, the department
shall note that the licensee has represented that work done under the license
or certification is covered by insurance or a bond, or both, as applicable.
Source. (See Revision Note #1 at chapter heading for Env-A 1800) #9298, eff 10-21-08; ss by #12172, eff 5-5-17 (See Revision Note #2 at chapter heading for Env-A 1800)
Env-A 1811.07 Review and Decision.
(a) Applications shall be reviewed by the
department in accordance with RSA 541-A:29.
(b) The department shall deny an application for
licensure if the applicant:
(1) Submits incomplete information in the
application, and has not corrected the omission despite being notified by the
department pursuant to RSA 541-A:29, I;
(2) Submits material information in the
application that is false or misleading;
(3) Does not meet the obligations of license
holders specified in Env-A 1811.10;
(4) Holds
a license or certification that is currently under suspension or that has been
revoked pursuant to this chapter or He-P 5000;
(5)
Meets any of the criteria for denying a license application specified in
Env-C 209.02; or
(6) Has
a performance history, including violations by the applicant or its responsible
persons of any state or federal environmental, health, or safety requirement
that relates to the type of work for which licensure is sought, that causes the
department to conclude that the applicant will not be able to comply with these
rules.
(c) A license shall:
(1) Be issued in writing for the type of work the
applicant is qualified to perform;
(2) Be dated and signed by the commissioner or
the commissioner's designee;
(3) Be valid for a period of 12 months from the
date of issuance;
(4) Include the name and address of the
applicant;
(5) Include such terms and conditions as
necessary to protect public health, safety, and the environment;
(6) Bear a unique identification number; and
(7) Be non-transferable.
(d) Issuance of a license shall not relieve the
license holder, including its responsible persons, of the obligation to comply
with any other federal, state, or local requirements, including any other obligation
for obtaining licenses, permits, training, or other approvals for the work to
be performed.
Source. (See Revision Note #1 at chapter heading for Env-A 1800) #9298, eff 10-21-08; ss by #12172, eff 5-5-17 (See Revision Note #2 at chapter heading for Env-A 1800)
Env-A 1811.08 License Suspension and Revocation.
(a) The department shall initiate an action to
revoke or suspend a license issued pursuant to this part in accordance with RSA
541-A:30 and the applicable provisions of Env-C 200.
(b) The department shall revoke a license if good
cause exists to suspend or revoke the license, as provided by (d) below; and
(1) The
underlying problem(s) cannot be corrected or eliminated; or
(2) The
license holder knowingly or intentionally created the underlying problem(s).
(c) The department shall suspend a license if
good cause exists to suspend or revoke the license, as provided by (d) below;
and
(1)
Given time to do so, the license holder can correct or eliminate the
underlying problem(s); and
(2) The
license holder did not knowingly or intentionally create the underlying
problem(s).
(d) Good cause to suspend or revoke a license shall
exist if the license holder:
(1)
Obtained the license based on false or misleading material information;
(2)
Violated the safe work practices prescribed in state and federal
asbestos regulations;
(3) Has
failed to comply with an order of abatement issued pursuant to RSA 141-E:14;
(4)
Meets any of the criteria for suspending, revoking, or refusing to renew
a license application specified in Env-C 209.03;
(5) Has
failed to comply with these rules or the terms and conditions of the license;
or
(6) Has
a performance history, including violations by the applicant or its responsible
persons of any state or federal environmental, health, or safety requirement
that relates to the type of work for which licensure is sought, that causes the
department to conclude that the applicant will not be able to comply with these
rules.
Source. (See Revision Note #1 at chapter heading for Env-A 1800) #9298, eff 10-21-08; ss by #12172, eff 5-5-17 (See Revision Note #2 at chapter heading for Env-A 1800)
Env-A
1811.09 License Renewal.
(a) A license holder wishing to renew an expiring
license shall apply in writing on an “Application for Asbestos Site Contractor License”
form obtained from the department that includes the following:
(1) All
application information required by Env-A 1811.04(a);
(2) The
license number and issue date of the applicant's expiring or expired license;
and
(3) A
list of asbestos disposal site projects conducted by the license holder since
the date the expiring license was issued, including for each project the:
a. Site
location;
b. Name of the property owner;
c. Project start date;
d. Project status;
e. Project contact person and telephone number;
and
f. Project site supervisor.
(b) The application to renew an expiring license shall
be signed and dated as specified in Env-A 1810.06 by the applicant and each
responsible person fulfilling the license holder obligations specified in Env-A
1811.10(b).
(c) An application fee of $250 shall accompany
each application. Payment shall be in
the form of cash, company check, certified check, or money order. A company
check, certified check, or money order shall be made payable to “Treasurer,
State of New Hampshire”.
(d) An application to renew an expiring license
shall be submitted to the department no more than 60 days prior to the license
expiration date.
(e) The department shall process applications to
renew an expiring license in accordance with Env-A 1811.07.
(f) An expiring license that is under suspension
shall not be renewed before all terms and conditions of the suspension have
been fully satisfied.
Source. (See Revision Note #1 at chapter heading for Env-A 1800) #9298, eff 10-21-08; ss by #12172, eff 5-5-17 (See Revision Note #2 at chapter heading for Env-A 1800)
Env-A
1811.10 Obligations of License
Holders.
(a) License holders shall be registered and in
good standing to do business in New Hampshire, as required by New Hampshire law
and the secretary of state.
(b) License holders shall have at least one
responsible person who is actively involved with decisions regarding the
license and related matters and is certified pursuant to Env-A 1812.
(c) License holders shall not undertake any work
under the authority of the license unless:
(1) The
work is actively supervised at all times by at least one individual who is certified
as an experienced worker pursuant to Env-A 1812 and meets the requirements of a
competent person as specified in 29 CFR 1926.1101 or an on-site supervisor as
specified in 29 CFR 1910.120, or both;
(2) The work is performed by individuals who hold
a valid certificate issued pursuant to Env-A 1813 and are competent to perform the work;
(3) At
the work site, the number of workers who are certified as workers-in-training
pursuant to Env-A 1812 does not exceed 5 times the number of workers who are certified
as experienced workers pursuant to Env-A 1812;
(4) The license or a
certified copy thereof is posted at a conspicuous location at the work site
where site conditions do not require personal protective equipment to be worn
by those present;
(5) The certificates, or
copies thereof, of all workers present at the work site are available for
inspection by the department and the local health officer at a conspicuous
location at the work site where site conditions do not require personal
protective equipment to be worn by those present; and
(6) A
current copy of Env-A 1801, Env-A 1802, Env-A 1811, Env-A 1812, Env-A 1813,
Appendix C, and Appendix D is available for reference by workers at a conspicuous
location at the work site where site conditions do not require personal
protective equipment to be worn by those present.
(d) License holders shall maintain business and
personnel records in conformance with federal requirements, including but not
limited to:
(1) 29 CFR 1926.1101(n);
(2) 29 CFR 1910.1001(m); and
(3) 29 CFR 1910.1020.
Source. (See Revision Note #1 at chapter heading for Env-A 1800) #9298, eff 10-21-08; ss by #12172, eff 5-5-17 (See Revision Note #2 at chapter heading for Env-A 1800)
PART Env-A 1812
CERTIFICATION OF ASBESTOS DISPOSAL SITE WORKERS
Env-A
1812.01 Purpose. The purpose of the rules in this part is to
implement RSA 141-E:11, I, which requires individuals who disturb asbestos at
asbestos disposal sites to be trained and certified.
Source. (See Revision Note #1 at chapter heading for Env-A 1800) #9298, eff 10-21-08; ss by #12172, eff 5-5-17 (See Revision Note #2 at chapter heading for Env-A 1800)
Env-A
1812.02 Applicability. Except as specified in Env-A 1813.03, any
individual who disturbs asbestos at asbestos disposal sites shall hold a valid
certificate issued pursuant to this part.
Source. (See Revision Note #1 at chapter heading for Env-A 1800) #9298, eff 10-21-08; ss by #12172, eff 5-5-17 (See Revision Note #2 at chapter heading for Env-A 1800)
Env-A 1812.03 Exemptions.
(a) An individual shall not be required to hold a
valid certificate issued pursuant to this part in order to undertake a
small-scale, short-duration disturbance of asbestos at an asbestos disposal
site, subject to the following conditions:
(1) The
individual shall not be under license or certification suspension or revocation
pursuant to these rules;
(2) The
quantity of material disturbed shall not exceed one cubic foot;
(3) The
area of disturbance shall not exceed 3 square feet;
(4) The work shall be completed within 2 hours of
being initiated;
(5) The individual performing the work shall
assure that the local health officer is notified before the work commences and
that the local health officer and the department are provided access to the
work site for inspection;
(6) The work shall be done in a manner that prevents the
release of asbestos fibers and in accordance with other federal, state, and
local requirements, including those identified in Env-A 1801.01(b); and
(7) The
work shall not be part of a larger project that is being segmented into
small-scale, short-duration tasks.
(b) An individual shall not be required to hold a
valid certificate issued pursuant to this part in order to remove non-friable
asbestos only from the ground surface to a container for disposal, subject to
the following conditions:
(1) The
activity shall not involve excavation below the ground surface;
(2) The
activity shall not involve contact with friable asbestos or asbestos that
exhibits friable characteristics; and
(3) The work shall be done in a manner that
prevents the release of asbestos fibers and in accordance with other federal,
state, and local requirements, including those identified in Env-A 1801.01(b).
Source. (See Revision Note #1 at chapter heading for Env-A 1800) #9298, eff 10-21-08; ss by #12172, eff 5-5-17 (See Revision Note #2 at chapter heading for Env-A 1800)
Env-A 1812.04 Application for Certification. Individuals seeking certification to disturb
asbestos at an asbestos disposal site (ADS) for the first time, individuals
seeking re-certification to disturb asbestos at an ADS more than one year after
their most recent certification has expired, and individuals seeking
re-certification to disturb asbestos at an ADS after their most recent
certification has been revoked shall comply with the following:
(a) The individual seeking certification shall
apply in writing to the department on an “Application for Asbestos Disposal
Worker/Worker-in-Training Certification” form obtained from the department;
(b) The application shall include the following:
(1) The
applicant’s name, mailing address, daytime telephone number, fax number, email
address, business name or place of employment if any, and date of birth;
(2) The
name, address, and daytime telephone number of each entity or individual
licensed, or to be licensed pursuant to Env-A 1811, with whom the applicant is
currently employed or otherwise associated for the performance of work
involving the disturbance of asbestos at asbestos disposal sites;
(3) A list of all state or federal enforcement
actions, both past and pending, against the applicant with regard to
environmental, health or safety activities, and the current status of each such
enforcement action;
(4) Identification of all certifications and
licenses, both past and present, issued to the applicant pursuant to He-P 5000 or Env-A 1800, and
the current status of each;
(5) Whether
the applicant is seeking certification as an experienced worker or a
worker-in-training, based on the criteria provided in Env-A 1812.08(b);
(6) One
2-inch by 2-inch, current, clear, non-mutilated, and unstapled color photograph
of the applicant’s face, with the name of the applicant legibly printed on the
back side; and
(7)
Written documentation showing that the applicant meets the certification
requirements specified in Env-A 1812.08, including:
a. A record, signed by the work supervisor(s) or
training provider(s), showing that the applicant attended and completed basic
training in accordance with Env-A 1813;
b. A statement by the applicant attesting that
he or she has read and comprehends all information as required by Env-A
1812.08(a)(2);
c. A test score report issued by the
department showing the date and results of an examination taken by the
applicant in accordance with Env-A 1813.03(c); and
d. A
work experience record, signed by the work supervisor(s), documenting the
number of hours the applicant has engaged successfully in the disturbance of
asbestos at asbestos disposal sites pursuant to the requirements in Env-A
1812.08(b).
(c) The application shall be dated and signed as specified in
Env-A 1810.06.
(d) An application fee of $50 shall accompany
each application. Payment shall be in
the form of cash, company check, certified check, or money order. A company check, certified check or money
order shall be made payable to "Treasurer, State of New Hampshire".
Source. (See Revision Note #1 at chapter heading for Env-A 1800) #9298, eff 10-21-08; ss by #12172, eff 5-5-17 (See Revision Note #2 at chapter heading for Env-A 1800)
Env-A
1812.05 Review and Decision.
(a) Applications shall be reviewed by the
department in accordance with RSA 541-A:29.
(b) The department shall deny an application if:
(1) The applicant submits incomplete
information in the application and does not correct the omission despite notification
pursuant to RSA 541-A:29, I;
(2) The
applicant submits
material information in the application that is false or misleading;
(3) The
applicant does
not meet the requirements for certification specified in Env-A 1812.08;
(4) The applicant holds a license or
certification that is currently under suspension or that has been revoked
pursuant to this chapter or He-P 5000; or
(5) The
department concludes, based on the applicant’s performance history, including violations of
any state or federal environmental, health, or safety requirement that relates
to the type of work for which licensure is sought, that the applicant will not
be able to comply with these rules.
(c) Certification
shall:
(1) Be issued in writing for the type of work the
applicant is qualified to perform, including whether the certificate holder is
an experienced worker or a worker-in-training, based on the experience
requirements provided in Env-A 1812.08(b).
(2) Be dated and signed by the commissioner or
the commissioner's designee;
(3) Be valid for a period of 12 months from the
date of issuance;
(4) Include the name, address, date of birth, and
photograph of the certificate holder;
(5) Include such terms and
conditions necessary to protect public health, safety, and the environment;
(6) Bear a unique identification number; and
(7) Be non-transferable.
(d) Issuance of a certification shall not
eliminate any obligation of the certificate holder to comply with any other
federal, state, or local requirements for the performance of the work,
including any obligation to obtain additional training and certifications,
licenses, permits, or other approvals.
Source. (See Revision Note #1 at chapter heading for Env-A 1800) #9298, eff 10-21-08; ss by #12172, eff 5-5-17 (See Revision Note #2 at chapter heading for Env-A 1800)
Env-A
1812.06 Suspension and Revocation.
(a) The department shall initiate an action to suspend
or revoke a certification issued pursuant to this part in accordance with RSA
541-A:30 and the applicable provisions of Env-C 200.
(b)
The department shall revoke a certification if good cause exists to suspend or
revoke the certification, as provided by (d), below, and:
(1) The
underlying problem(s) cannot be corrected or eliminated; or
(2) The
underlying problem(s) were created by the certificate holder knowingly or
intentionally.
(c) The department shall suspend a certification
if good cause exists to suspend or revoke the certification, as provided by
(d), below, and:
(1)
Given time to do so, the certificate holder can correct or eliminate the
underlying problem(s); and
(2) The
underlying problem(s) were not created knowingly or intentionally by the
certificate holder.
(d) Good cause to suspend or revoke a
certification shall exist if the certificate holder:
(1)
Obtained the certification based on false or misleading material
information;
(2)
Cheated on the examination;
(3) Violated the safe work practices prescribed in
state and federal asbestos regulations;
(4) Has
failed to comply with an order of abatement issued pursuant to RSA 141-E:14;
(5)
Meets any of the criteria for suspending, revoking, or refusing to renew
a certification application specified in Env-C 209.03;
(6) Has
failed to comply with these rules or the terms and conditions of the
certification; or
(7) Has
a performance history, including violations of any state or federal
environmental, health, or safety requirement that relates to the type of work
for which certification is sought, that causes the department to conclude that
the applicant will not be able to comply with these rules.
Source. (See Revision Note #1 at chapter heading for Env-A 1800) #9298, eff 10-21-08; ss by #12172, eff 5-5-17 (See Revision Note #2 at chapter heading for Env-A 1800)
Env-A
1812.07 Certification Renewal.
(a) A certificate holder wishing to renew an
expiring certification or a certification that has been expired for less than
one year, shall apply in writing to the department, on an Application for
Asbestos Disposal Worker/Worker-in-Training Certification form obtained from
the department, that includes the following information:
(1) All
application information required in Env-A 1812.04(b)(1) - (6);
(2) The
certificate number and issue date of the applicant’s expiring or expired
certificate;
(3) A list
of asbestos disposal site projects that the certificate holder has worked on
since the date the expiring or expired certificate was issued, including:
a. The
site location;
b. The name of the property owner;
c. The name, address, and telephone number of
the license holder for whom the certificate holder performed the work;
d. The name, address, and telephone number of
the project site supervisor;
e. The date the project commenced and the date
the project was completed; and
f. The nature of the work performed;
(4) A statement by the applicant attesting that
the annual refresher training requirements specified in Env-A 1813.05 have been satisfied;
(5) A
test score report issued by the department showing the date and results of an
examination taken by the applicant in accordance with Env-A 1813.03(c); and
(6) If
seeking to have the certification upgraded from a worker-in-training
certification to an experienced worker certification, the information specified
in Env-A 1812.10(a)(2) and (3).
(b) An application to renew an expiring
certification shall be dated and signed as specified in Env-A 1810.06 by the
applicant.
(c) An application fee of $50 shall accompany each
application. Payment shall be in the form
of cash, company check, certified check, or money order. A company check,
certified check or money order shall be made payable to "Treasurer, State
of New Hampshire".
(d) Applications to renew an expiring
certification shall be submitted to the department no less than 45 days and no
more than 60 days prior to the expiration date of the certification.
(e) Applications to renew an expiring
certification shall be processed in accordance with Env-A 1812.05.
(f) An expiring certification that is under
suspension shall not be renewed before all terms and conditions of the
suspension are fully satisfied.
Source. (See Revision Note #1 at chapter heading for Env-A 1800) #9298, eff 10-21-08; ss by #12172, eff 5-5-17 (See Revision Note #2 at chapter heading for Env-A 1800)
Env-A
1812.08 Requirements for
Certification.
(a) No individual shall be granted a
certification pursuant to this part, unless the individual has:
(1) Completed
training in accordance with Env-A 1813;
(2) Read and comprehended all information provided in
a document published by the department in May 2000, titled: Guidance for
Managing Asbestos Disposal Sites; and
(3)
Scored 70 percent or better on an examination in accordance with Env-A
1813.03(c).
(b) An individual shall be certified as either an
experienced worker or a worker-in-training, as specified in (c) or (d), below.
(c) To qualify as an experienced worker, an
individual shall have successfully performed at least 40 hours of work
involving the
disturbance of asbestos at asbestos disposal sites as specified in (d), below.
(d) Work experience shall be as follows:
(1) For
work experience accrued on or after May 22, 2001, the individual shall have
performed the work under the supervision of an individual who is certified as
an experienced worker pursuant to these rules and who meets the requirements of
either a competent person as defined in 29 CFR 1926.1101 or an on-site
supervisor as defined in 29 CFR 1910.120, or both;
(2) For
work experience accrued before May 22, 2001, the individual shall have
performed the work either:
a. As a
competent person as specified in 29 CFR 1926.1101 or as an on-site supervisor
as defined in 29 CFR 1910.120, or both; or
b.
Under the supervision of a competent person as specified in 29 CFR
1926.1101 or an on-site supervisor as specified in 29 CFR 1910.120, or both;
and
(3) One
or a combination
of the following may be substituted for up to 10 hours of the asbestos disposal
site work experience required by (c), above:
a. Ten hours or less of work experience at a
hazardous waste site under the supervision of a competent person as specified
in 29 CFR 1901.120; or
b. Ten hours or less of work experience on an
asbestos abatement project as an asbestos abatement worker or an asbestos abatement
supervisor under the authority of a licensed asbestos abatement contractor as
specified in Env-A 1810.14 or Env-A 1810.15.
(e) Any individual who has not yet met the experienced worker requirements specified in (c), above, shall be a worker-in-training.
Source. (See Revision Note #1 at chapter heading for Env-A 1800) #9298, eff 10-21-08; ss by #12172, eff 5-5-17 (See Revision Note #2 at chapter heading for Env-A 1800)
Env-A 1812.09 Limitations. Individuals certified pursuant to this part
shall be authorized to disturb asbestos at an asbestos disposal site only when
the activities are authorized by an entity or individual licensed pursuant to
Env-A 1811, unless the work is license-exempt work pursuant to Env-A 1811.03.
Source. (See Revision Note #1 at chapter heading for Env-A 1800) #9298, eff 10-21-08; ss by #12172, eff 5-5-17 (See Revision Note #2 at chapter heading for Env-A 1800)
Env-A 1812.10 Upgrading a Worker-in-Training
Certification.
(a) The department shall upgrade a current worker-in-training
certification to an experienced worker certification following receipt of an
“Application for Asbestos Disposal Site Worker/Worker-in-Training
Certification” form by the certificate holder that includes the following
information:
(1) The
certificate holder's name, mailing address, date of birth, daytime telephone
number, and certificate number;
(2) A
written record, dated and signed as specified in Env-A 1810.06 by the
individual(s) who supervised the work, documenting that the certificate holder
has successfully completed at least 40 hours of work involving the disturbance
of asbestos at asbestos disposal sites, as required by Env‑A 1812.08(b);
and
(3) A statement, dated and signed as specified
in Env-A 1810.06 by the individual(s) who supervised the work, attesting that
the certificate holder is competent in the performance of his or her
certification-related duties.
(b) The certification upgrade shall be issued in
writing to the applicant.
Source. (See Revision Note #1 at chapter heading for Env-A 1800) #9298, eff 10-21-08; ss by #12172, eff 5-5-17 (See Revision Note #2 at chapter heading for Env-A 1800)
PART Env-A
1813 Training requirements for Certified
Asbestos Disposal Site Workers
Env-A
1813.01 Purpose.
(a)
The purpose of this part is to establish the scope of training required to
obtain and renew a certification pursuant to Env-A 1812.
(b)
The training described in this part is intended to supplement, and not to
replace or wholly satisfy, federal training requirements for working with
asbestos, including, as applicable:
(1) 29
CFR 1926.1101;
(2) 29
CFR 1910.120; and
(3) 40
CFR 763.
Source. (See Revision Note #1 at chapter heading for Env-A 1800) #9298, eff 10-21-08; ss by #12172, eff 5-5-17 (See Revision Note #2 at chapter heading for Env-A 1800)
Env-A
1813.02 Applicability. The rules in this part shall apply to all
individuals seeking certification pursuant to Env-A 1812.
Source. (See Revision Note #1 at chapter heading for Env-A 1800) #9298, eff 10-21-08; ss by #12172, eff 5-5-17 (See Revision Note #2 at chapter heading for Env-A 1800)
Env-A
1813.03 Training Requirements.
(a) The following individuals shall be trained
pursuant to the basic training program requirements in Env-A 1813.04 prior to
applying for certification pursuant to Env-A 1812:
(1) Individuals not previously certified pursuant
to Env-A
1812;
(2) Individuals holding a certificate issued
pursuant to Env-A
1812 that has been expired for over one year before the date an application for
renewal is submitted pursuant to Env-A 1812;
(3)
Individuals holding a certificate that has been revoked pursuant to He-P
5000 or Env-A 1800; and
(4)
Individuals wishing to obtain certification who have failed the
post-training examination, as provided in Env-A 1813.06, 3 consecutive times.
(b) The following individuals shall satisfy the
annual refresher training requirements in Env-A 1813.05 prior to applying for
certification renewal pursuant to Env-A 1812:
(1)
Individuals holding an expiring certificate issued pursuant to Env-A
1812; and
(2)
Individuals holding a certificate issued pursuant to Env-A 1812 that has
been expired for one year or less before the date an application for renewal is
submitted pursuant to Env-A 1812.
(c) After training pursuant to either (a) or (b),
above, is completed, and within 6 months prior to filing an application to
obtain or renew certification, the trainee shall take and pass an examination
as specified by Env-A 1813.06.
Source. (See Revision Note #1 at chapter heading for Env-A 1800) #9298, eff 10-21-08; ss by #12172, eff 5-5-17 (See Revision Note #2 at chapter heading for Env-A 1800)
Env-A
1813.04 Basic Training Program.
(a) Basic training shall be obtained through a
program, or combination of programs, that covers no less than the following
topics through a combination of lecture, interactive presentation, and hands-on
activity:
(1) Asbestos
identification, specifically including the identification of asbestos at
asbestos disposal sites located in New Hampshire;
(2)
History, characteristics, and location of asbestos disposal sites in New
Hampshire;
(3)
Human health effects due to asbestos exposure, including the
relationship to smoking and contact information for smoking cessation;
(4)
Relevant federal, state, and local regulations, including Env-Sw 2100;
(5)
Personal protective equipment;
(6)
Medical monitoring;
(7) State of the art work practices for
disturbing asbestos at asbestos disposal sites, including:
a. Site characterization;
b. Site control and site security;
c. Neighborhood protection;
d. Air monitoring and asbestos fiber control;
e. Cut and fill techniques;
f. Bulk containment, transportation, and
disposal of asbestos waste;
g. Decontamination procedures for personnel and
equipment;
h. Site closure requirements and clearance
determinations pursuant to Env-Sw 2100;
i. Sampling techniques; and
j.
Managing site emergencies; and
(8)
Best management practices for maintaining closed sites and protecting
public health.
(b) The basic training program shall be taught
using a combination of lecture, interactive presentation, and hands-on
activity.
Source. (See Revision Note #1 at chapter heading for Env-A 1800) #9298, eff 10-21-08; ss by #12172, eff 5-5-17 (See Revision Note #2 at chapter heading for Env-A 1800)
Env-A
1813.05 Annual Refresher Training.
(a) Annual refresher training shall be
self-administered by the certificate holder.
(b) Annual refresher training shall include the
following:
(1)
Review of written materials and other information obtained during basic
training;
(2) Review of the document published by the
department in May 2000, titled Guidance for Managing Asbestos Disposal Sites;
and
(3) Review of current and relevant federal,
state, and local regulations, including these rules.
Source. (See Revision Note #1 at chapter heading for Env-A 1800) #9298, eff 10-21-08; ss by #12172, eff 5-5-17 (See Revision Note #2 at chapter heading for Env-A 1800)
Env-A
1813.06 Post-Training Examinations.
(a) Examinations required pursuant to this part
shall be administered by the department.
(b) The department shall schedule examinations by
request during regular business hours at a time convenient to both the
applicant and the department.
(c) Examinations shall be designed by the
department to test the trainee’s understanding of:
(1) The
information covered by the basic training program;
(2) The
document published by the department in May, 2000, titled Guidance for Managing
Asbestos Disposal Sites; and
(3) Current and relevant federal, state and local
regulations.
(d) The department shall administer the
examination orally to any individual who so requests an oral examination due to
a reading difficulty.
(e) A passing score on the examination shall be
70 percent or greater.
(f) To obtain a passing score, an individual
shall be allowed to retake the required examination up to 3 times before having
to re-attend basic training.
(g) The department shall report the examination
score to the examinee in writing.
Source. (See Revision Note #1 at chapter heading for Env-A 1800) #9298, eff 10-21-08; ss by #12172, eff 5-5-17 (See Revision Note #2 at chapter heading for Env-A 1800)
PART Env-A 1814 WAIVERS FROM LICENSURE RULES
Env-A
1814.01 Purpose. The purpose of the rules in this part is to
establish procedures and criteria for granting waivers to accommodate
situations where strict adherence to a particular requirement would not be in
the best interest of the public.
Source. (See Revision Note #1 at chapter heading for Env-A 1800) #9298, eff 10-21-08; ss by #12172, eff 5-5-17 (See Revision Note #2 at chapter heading for Env-A 1800)
Env-A
1814.02 Procedures for Requesting a
Waiver.
(a) Any person who is or would be directly
affected by the strict application of a rule in Env-A 1810, Env-A 1811, Env-A
1812, or Env-A 1813 may request a waiver thereof.
(b) Each request for a rule waiver shall:
(1) Be
in writing; and
(2)
Include the information specified in Env-A 1814.03.
Source. (See Revision Note #1 at chapter heading for Env-A 1800) #9298, eff 10-21-08; ss by #12172, eff 5-5-17 (See Revision Note #2 at chapter heading for Env-A 1800)
Env-A
1814.03 Content and Format of Waiver
Requests.
(a) The person requesting the rule waiver shall
provide the following information:
(1) The
name, address, and daytime telephone number of the person requesting the
waiver;
(2)
Identification of the specific rule(s) from which the applicant is
seeking a waiver;
(3) The
period of time during which the applicant wishes the waiver to be effective;
(4) A
description of the specific project(s) to which the waiver is intended to apply
or a statement that the requested waiver is intended to apply without regard to
a specific project(s);
(5) A
full explanation of why the waiver is necessary, including an explanation of
the economic and operational consequences of complying with the rule as
written;
(6) A
full explanation, with supporting data, of the alternative(s), if any, that the
applicant proposes to use in lieu of complying with the rule;
(7) A
full explanation of how each of the alternatives proposed pursuant to (6)
above, is consistent with the purpose and intent of RSA 141-E and Env-A 1800,
and is otherwise adequate to protect public health, safety and the environment;
and
(8) A
list of all state and federal enforcement actions, both past and pending,
against the applicant, including responsible persons in its employ, with regard
to environmental, health or safety activities, and the current status of each
such enforcement action.
(b) Each request for waiver shall be dated and
signed by the applicant as specified in Env-A 1810.06.
Source. (See Revision Note #1 at chapter heading for Env-A 1800) #9298, eff 10-21-08; ss by #12172, eff 5-5-17 (See Revision Note #2 at chapter heading for Env-A 1800)
Env-A
1814.04 Criteria for Granting a
Waiver.
(a) Subject to (b), below, the department shall
grant a request for a rule waiver if:
(1) Granting
the request will not result in an adverse effect to public health, public
safety, the environment, or the natural resources of the state of New
Hampshire; and
(2) One
or more of the following conditions will be satisfied:
a.
Granting the request is consistent with the purpose and intent of the
rule being waived; or
b.
Strict compliance with the rule will provide no benefit to the public
and will cause an operational or economic hardship to the applicant.
(b) No rule waiver shall be granted if the effect
of the waiver would be to waive or modify:
(1) A
federal or state statutory requirement, unless the statute specifically allows
for a waiver; or
(2) A
federal or state constitutional requirement.
Source. (See Revision Note #1 at chapter heading for Env-A 1800) #9298, eff 10-21-08; ss by #12172, eff 5-5-17 (See Revision Note #2 at chapter heading for Env-A 1800)
Env-A 1814.05 Decisions.
(a) The department shall notify the person
requesting the waiver of the decision in writing.
(b) A notice of denial shall state clearly the
reason(s) for denial.
(c) A notice of approval shall include the terms and
conditions under which the waiver is granted, including the effective date and
expiration date.
Source. (See Revision Note #1 at chapter heading for Env-A 1800) #9298, eff 10-21-08; ss by #12172, eff 5-5-17 (See Revision Note #2 at chapter heading for Env-A 1800)
Appendix A: State Statutes and Federal Regulations
Implemented
Rule Number(s) |
State Statute(s) Implemented |
Federal Regulations Implemented |
Env-A 1801.01 |
RSA 141-E:1 |
|
Env-A
1801.02 - 1801.04 |
RSA 141-E:3 |
|
Env-A
1801.05 - 1801.06 |
RSA 141-E:4, II(a)(3) |
42 U.S.C. 7412; 40 |
Env-A 1801.07 |
RSA 141-E |
15 U.S.C. 2643(m); 40 |
Env-A 1802.01-1802.04;
1802.07-1802.11; 1802.13-1802.17; 1802.20; 1802.22-1802.31; 1802.33-1802.42;
1802.45-1802.46; 1802.48-1802.52; 1802.54-1802.55; 1802.58 |
RSA 141-E:4 |
|
Env-A
1802.05 |
RSA
141-E:2, I |
|
Env-A
1802.06 |
RSA
141-E:2, II |
|
Env-A
1802.12 |
RSA 141-E:2,
III |
|
Env-A
1802.18-1802.19 |
RSA 141-E:4 |
40 CFR
61.141 |
Env-A
1802.21 |
RSA
141-E:2, IV |
|
|
|
|
Env-A 1802.32 |
RSA 141-E:2, VI |
|
Env-A 1802.43 |
RSA 141-E:4 |
40 CFR 763, subpart E, appendix C |
Env-A 1802.44 |
RSA 141-E:4 |
40 CFR 61.141 |
Env-A 1802.47 |
RSA 141-E:2, VII |
|
Env-A 1802.53 |
RSA 141-E:2, VIII |
|
Env-A 1802.56 |
RSA 141-E:4 |
40 CFR 763, subpart E, appendix C |
Env-A 1802.57 |
RSA 141-E:2, IX |
|
Env-A 1802.59 |
RSA 141-E |
40 CFR 61.141 |
Env-A
1803.01-.08 |
RSA
141-E:3, XI |
|
Env-A
1803.09 |
RSA
141-E:12, II |
|
Env-A
1804.01-.04 |
RSA
141-E:3, X |
|
Env-A 1804.03(a) |
RSA 141-E:3, X |
40 CFR 61.145 |
Env-A
1804.05-.07 |
RSA 141-E:8
& 13 |
|
Env-A
1804.08 |
RSA
141-E:8, III |
|
Env-A
1804.09 |
RSA
141-E:12 |
|
Env-A
1805 & 1806 & 1807 |
RSA
141-E:3, VIII; RSA 141-E:9 |
|
Env-A 1805.08 |
RSA 141-E:3, VIII; RSA
141-E:9 |
40 CFR 61.150 |
Env-A 1808 |
RSA 141-E:8 & 13 |
|
Env-A 1809 |
RSA 141-E:4, II & VIII |
40 CFR 763, subpart E, Appendix C |
Env-A 1810 |
RSA 141-E:4, II & VIII; RSA 141-E:10-11 |
|
Env-A 1810.08 |
RSA 141-E:12 |
|
Env-A 1811 |
RSA 141-E:4, XV; RSA 141-E:10 |
|
Env-A 1811.08(c) |
RSA 141-E:4, XV; RSA 141-E:10 |
29 CFR 1910.120, 29 CFR 1926.1101 |
Env-A 1812 |
RSA 141-E:4, XV; RSA 141-E:11 |
|
Env-A 1812.08 |
RSA 141-E:4, XV; RSA 141-E:11 |
29 CFR 1910.120, 29 CFR 1926.1101 |
Env-A 1813 |
RSA 141-E:4, XV |
|
Env-A 1814 |
RSA 141-E:4, XII; RSA 541-A:22, IV |
|
Appendix
B: Information on Documents Incorporated
by Reference
Rule (Env-A) |
Title, Date |
Obtain from: |
1805.09(h) 1805.10(b) 1809.03(b) |
Asbestos and Other Fibers by PCM: Method 7400, Issue 2, Fourth Edition, August 15, 1994 |
National
Institute of Occupational Safety and Health (NIOSH) Manual of Analytical
Methods (NMAM) Available
at no charge at: |
Appendix
C: Statutory Definitions
141-E:2:
I. “Asbestos” means amosite, chrysotile,
crocidolite, or asbestiform tremolite, actinolite, or anthophyllite.
II. “Asbestos abatement” means any of the
following activities:
(a) The wrecking or removal of any
load-supporting structural member containing or covered by RACM, as defined in
paragraph VII;
(b) The encapsulation, coating,
binding, or resurfacing of structural members, walls, ceilings, or other
building surfaces, or ducts, pipes, boilers, tanks, reactors, furnaces, or
other vessels containing RACM for the purpose of minimizing the potential for
fiber release;
(c) The construction of airtight
enclosures by the use of impact resistant materials to isolate surfaces coated
or containing RACM;
(d) The removal or stripping of RACM
from structural members, walls, ceilings, or other building surfaces, or ducts,
pipes, boilers, tanks, reactors, furnaces, or other vessels; and
(e) The repair of RACM to minimize the
likelihood of fiber release from damaged areas. Repair may include, but shall
not be limited to, application of duct tape, rewettable
glass cloth, canvas, cement, or other suitable materials to seal exposed areas
where asbestos fibers may be released, or repair of damaged, previously
encapsulated, RACM with non-asbestos substitutes; and re-encapsulation or
repair of enclosures around RACM.
III. “Asbestos disposal site” means land
where asbestos waste exists, either in or on the ground, due to dumping
activities which ceased by July 10, 1981. The term includes inactive disposal
sites as defined by 40 CFR 61.141. The term does not include any disposal site
which is subject to the permitting requirements of RSA 149-M.
IV. “Contractor” means any partnership,
firm, association, corporation, or sole proprietorship which engages in
asbestos abatement activities and/or activities involving the disturbance of asbestos
at asbestos disposal sites.
VI. “Friable asbestos material” means any
material that contains more than one percent of asbestos by weight, area, or
volume and that can be crumbled, pulverized, or reduced to powder when dry by
hand pressure.
VII.
“Regulated asbestos-containing material” or “RACM” means:
(a) Friable asbestos-containing
material;
(b) Category I non-friable
asbestos-containing material, as defined by 40 CFR 61.141, that has become
friable;
(c) Category I non-friable
asbestos-containing material, as defined by 40 CFR 61.141, that will be or has
been subjected to sanding, grinding, sawing, or abrading; or
(d) Category II non-friable asbestos-containing
material, as defined by 40 CFR 61.141, that will likely become or has become
crumbled, pulverized, or reduced to powder by the forces expected to act on the
material in the course of demolition or renovation operations.
VIII. “School asbestos abatement planning”
means any of the following activities:
(a) The inspection of school buildings
for asbestos-containing materials;
(b) The preparation of plans for
asbestos abatement in schools, pursuant to P.L. 99-519; or
(c) The design of asbestos abatement
projects for school buildings.
IX. “Structural member” means any beam,
ceiling, floor, or wall.
Appendix
D: Federal Definitions
40 CFR 61.141:
All terms that are used in this subpart and are not defined below are
given the same meaning as in the Act and in subpart A of this part.
Active waste disposal site
means any disposal site other than an inactive site.
Adequately wet means
sufficiently mix or penetrate with liquid to prevent the release of
particulates. If visible emissions are observed coming from asbestos-containing
material, then that material has not been adequately wetted. However, the
absence of visible emissions is not sufficient evidence of being adequately
wet.
Asbestos-containing waste
materials means mill tailings or any waste that contains commercial
asbestos and is generated by a source subject to the provisions of this
subpart. This term includes filters from control devices, friable asbestos
waste material, and bags or other similar packaging contaminated with
commercial asbestos. As applied to demolition and renovation operations, this
term also includes regulated asbestos-containing material waste and materials
contaminated with asbestos including disposable equipment and clothing.
Asbestos mill means any
facility engaged in converting, or in any intermediate step in converting,
asbestos ore into commercial asbestos. Outside storage of asbestos material is
not considered a part of the asbestos mill.
Asbestos tailings means any
solid waste that contains asbestos and is a product of asbestos mining or
milling operations.
Asbestos waste from control
devices means any waste material that contains asbestos and is collected by
a pollution control device.
Category I nonfriable
asbestos-containing material (ACM) means asbestos-containing packings,
gaskets, resilient floor covering, and asphalt roofing products containing more
than 1 percent asbestos as determined using the method specified in appendix E,
subpart E, 40 CFR part 763, section 1, Polarized Light Microscopy.
Category II nonfriable ACM
means any material, excluding Category I nonfriable ACM, containing more than 1
percent asbestos as determined using the methods specified in appendix E,
subpart E, 40 CFR part 763, section 1, Polarized Light Microscopy that, when
dry, cannot be crumbled, pulverized, or reduced to powder by hand pressure.
Commercial
asbestos means any material containing asbestos that is extracted from ore
and has value because of its asbestos content.
Cutting means to penetrate
with a sharp-edged instrument and includes sawing, but does not include
shearing, slicing, or punching.
Demolition means the wrecking
or taking out of any load-supporting structural member of a facility together
with any related handling operations or the intentional burning of any
facility.
Emergency renovation operation
means a renovation operation that was not planned but results from a sudden,
unexpected event that, if not immediately attended to, presents a safety or
public health hazard, is necessary to protect equipment from damage, or is
necessary to avoid imposing an unreasonable financial burden. This term
includes operations necessitated by nonroutine failures of equipment.
Fabricating means any
processing (e.g., cutting, sawing, drilling) of a manufactured product that
contains commercial asbestos, with the exception of processing at temporary
sites (field fabricating) for the construction or restoration of facilities. In
the case of friction products, fabricating includes bonding, debonding,
grinding, sawing, drilling, or other similar operations performed as part of
fabricating.
Facility component means any
part of a facility including equipment.
Friable asbestos material means
any material containing more than 1 percent asbestos as determined using the
method specified in appendix E, subpart E, 40 CFR part 763, section 1,
Polarized Light Microscopy, that, when dry, can be crumbled, pulverized, or
reduced to powder by hand pressure. If the asbestos content is less than 10
percent as determined by a method other than point counting by polarized light
microscopy (PLM), verify the asbestos content by point counting using PLM.
Fugitive source means any
source of emissions not controlled by an air pollution control device.
Glove bag means a sealed
compartment with attached inner gloves used for the handling of
asbestos-containing materials. Properly installed and used, glove bags provide
a small work area enclosure typically used for small-scale asbestos stripping
operations. Information on glove-bag installation, equipment and supplies, and
work practices is contained in the Occupational Safety and Health
Administration's (OSHA's) final rule on occupational exposure to asbestos (appendix
G to 29 CFR 1926.58).
Grinding means to reduce to
powder or small fragments and includes mechanical chipping or drilling.
In poor condition means the
binding of the material is losing its integrity as indicated by peeling,
cracking, or crumbling of the material.
Inactive waste disposal site
means any disposal site or portion of it where additional asbestos-containing
waste material has not been deposited within the past year.
Installation means any
building or structure or any group of buildings or structures at a single
demolition or renovation site that are under the control of the same owner or
operator (or owner or operator under common control).
Leak-tight means that solids
or liquids cannot escape or spill out. It also means dust-tight.
Malfunction means any sudden
and unavoidable failure of air pollution control equipment or process equipment
or of a process to operate in a normal or usual manner so that emissions of
asbestos are increased. Failures of equipment shall not be considered malfunctions
if they are caused in any way by poor maintenance, careless operation, or any
other preventable upset conditions, equipment breakdown, or process failure.
Manufacturing means the
combining of commercial asbestos—or, in the case of woven friction products,
the combining of textiles containing commercial asbestos—with any other
material(s), including commercial asbestos, and the processing of this
combination into a product. Chlorine production is considered a part of
manufacturing.
Natural barrier means a
natural object that effectively precludes or deters access. Natural barriers
include physical obstacles such as cliffs, lakes or other large bodies of
water, deep and wide ravines, and mountains. Remoteness by itself is not a
natural barrier.
Nonfriable
asbestos-containing material means any material containing more than 1
percent asbestos as determined using the method specified in appendix E,
subpart E, 40 CFR part 763, section 1, Polarized Light Microscopy, that, when
dry, cannot be crumbled, pulverized, or reduced to powder by hand pressure.
Nonscheduled renovation operation
means a renovation operation necessitated by the routine failure of equipment,
which is expected to occur within a given period based on past operating
experience, but for which an exact date cannot be predicted.
Outside air means the air
outside buildings and structures, including, but not limited to, the air under
a bridge or in an open air ferry dock.
Owner or operator of a demolition
or renovation activity means any person who owns, leases, operates,
controls, or supervises the facility being demolished or renovated or any
person who owns, leases, operates, controls, or supervises the demolition or
renovation operation, or both.
Particulate asbestos material
means finely divided particles of asbestos or material containing asbestos.
Planned renovation operations
means a renovation operation, or a number of such operations, in which some
RACM will be removed or stripped within a given period of time and that can be
predicted. Individual nonscheduled operations are included if a number of such
operations can be predicted to occur during a given period of time based on
operating experience.
Renovation means altering a
facility or one or more facility components in any way, including the stripping
or removal of RACM from a facility component. Operations in which
load-supporting structural members are wrecked or taken out are demolitions.
Resilient floor covering means
asbestos-containing floor tile, including asphalt and vinyl floor tile, and
sheet vinyl floor covering containing more than 1 percent asbestos as
determined using polarized light microscopy according to the method specified
in appendix E, subpart E, 40 CFR part 763, section 1, Polarized Light
Microscopy.
Roadways means surfaces on
which vehicles travel. This term includes public and private highways, roads,
streets, parking areas, and driveways.
Strip means to take off RACM
from any part of a facility or facility components.
Structural member means any
load-supporting member of a facility, such as beams and load supporting walls;
or any nonload-supporting member, such as ceilings
and nonload-supporting walls.
Visible emissions means any
emissions, which are visually detectable without the aid of instruments, coming
from RACM or asbestos-containing waste material, or from any asbestos milling,
manufacturing, or fabricating operation. This does not include condensed,
uncombined water vapor.
Waste generator means any
owner or operator of a source covered by this subpart whose act or process
produces asbestos-containing waste material.
Waste shipment record means
the shipping document, required to be originated and signed by the waste
generator, used to track and substantiate the disposition of
asbestos-containing waste material.
Working day means Monday
through Friday and includes holidays that fall on any of the days Monday
through Friday.
40 CFR 763, Subpart E, Appendix C:
I. A. 8. “Small-scale,
short-duration activities (SSSD)” are tasks such as, but not limited to:
a. Removal of asbestos-containing insulation on
pipes.
b. Removal of small quantities of
asbestos-containing insulation on beams or above ceilings.
c. Replacement of an asbestos-containing gasket
on a valve.
d. Installation or removal of a small section of
drywall.
e. Installation of electrical conduits through or proximate to
asbestos-containing materials.
SSSD can be further defined by
the following considerations:
f. Removal of small quantities of ACM only if
required in the performance of another maintenance activity not intended as
asbestos abatement.
g. Removal of asbestos-containing thermal system
insulation not to exceed amounts greater than those which can be contained in a
single glove bag.
h. Minor repairs to damaged thermal system insulation
which do not require removal.
i. Repairs to a
piece of asbestos-containing wallboard.
j. Repairs, involving encapsulation, enclosure,
or removal, to small amounts of friable ACM only if required in the performance
of emergency or routine maintenance activity and not intended solely as
asbestos abatement. Such work may not
exceed amounts greater than those which can be contained in a single
prefabricated mini-enclosure. Such an
enclosure shall conform spatially and geometrically to the localized work area,
in order to perform its intended containment function.