### Added language in bold italics; 1

deleted language °'i-ae' " 'h" ~augh CHAPTER Env-A 1800 ASBESTOS MANAGEMENT AND CONTROL Statutory Authority: RSA 141-E:4, I and 11 PART Env-A 1801 PURPOSE AND SCOPE Readopt with amendment Env-A 1801 .01, eff . 3-15-05 (doc. #8304), anddesignate the text as paragraph (a), to read asfollows: Env-A 1801 .01 Pur pose. (a) The purpose oftThis chapter is to protect the health ofthe general public by ensuring that asbestos is managed resperrsibly. in a manner that prevents the release ofasbestosfibers to the environment and human exposure thereto. Readopt with amendment He-P 5001 .01, eff . 3-23-01 (doc. #7467), and renumber as Env-A 1801 . 01(b), to read asfollows:

(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 DSn 141 B n~a RSA 149-M ; and pursuant to (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 ProtectionAgency (EPA) in 40 CFR 61 and 40 CFR 763. Readopt with amendment Env-A 1801 .02, eff . 3-15-05 (doc. #8304), to read asfollows: Env-A 1801 .02 Seepe-Applicability. Subject to Env,A 1801 .03, t'~his chapter shall apply to the following persons, facilities, and activities: (a) Aany person who owns or operates any facility with-that has regulated asbestos-containing material (RACM) on the premises;; (b) Aany person involved in asbestos abatement activities, including analytical laboratories, consultants, and-asbestos abatement contractors, andasbestos abatement workers; and- (c) Aany 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 shall ean}in"" °to b°

### Added language in bold italics;

deleted language st+E+6ar-tl~+!a~

ptei!, regardless of its current use or function: ; Readopt He-P 5001 .02, efJ3-23-01 (doc. 117467), and renumber crs Env-A 1801 .02(e) and (f), to read as folloiws: 1_r = t c~,nrn.~ c, . a .C7 L D-GC7A _ 7f1'11TITGd tai 

### (ae) Training, licensure, and certification persons who engage in:

(1) Asbestos abatement activities, as defined by RSA 141-E:2, Il ; (2) School asbestos abatement planning activities, as defined by RSA 141-E:2, V111 ; and (3) Activities involving the disturbance of asbestos at asbestos disposal sites as defined by RSA 141-E:2, 111 ; and

(sf) Provisions for inspection, compliance monitoring, and enforcement by the department. Readopt with amendment Env-A 1801 .03, eff . 3-15-05 (doc. #8304), to read asfollows: Env-A 1801 .03 Homeowners. (a) The owner of a private, single-family residence occupied by the owner who performs asbestos abatement activities on the-that residence shall not be subject to Env-A 1800, except as noted in (b), below, provided:

(1) Me owner personally performs the work; and (2) Rhe work is not done within 6 months of selling the home. (b) The owner ofa private, singlefamily residence occupied by the owner who performs asbestos abatement activities on that residence shall comply with Env-A 1805.0607 and Env-A 1805.P08(a) and (b) . PART Env-A 1802 DEFINITIONS Readopt with amendment Env-A 1802.01(a), eff . 3-15-05 (doc. #8304), and renumber as Env-A 1802. 01, to read as follows: 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; . Readopt He-P 5002.01(b), eff . 3-23-01 (doc. #7467), and renumber as Env-A 1802. 02, to read asfollows: Le P 50-oz.o 4b)-EnvA 1802 .02 "Amended water" means water to which a chemical wetting agent

### Added language in bold italics; 3

deleted language has been added to improve penetration. Readopt Env-A 1802.01(b), eff . 3-15-05 (doc. #8304), and renumber as Env-A 1802.03, to read asfollows: (b)-Env-A 1802

.03 "Analytical service" means any firmor individual who analyzes bulk or air samples in order to determine asbestos content, asbestos fiber counting or total fiber counting;. Readopt with amendment He-P 5002.01(c), eff . 3-23-01 (doc. #7467), and renumber as Env-A 1802. 04, to read asfollows: Pe-P-5882.0-1{er)Env-A 1802 .04 "Approved training provider" means a trainingprovider who offers asbestos abatement training courses that have been approved by the EPA, a state accreditation programwhich itselfis accredited by the EPA, or by the department. 

## Readopt Env-A 1802. 01(c), eff . 3-15-05 (doc. #8304), andrenumber as Env-A 1802.05, to readasfollows: (&)-Env-A 1802

.05 "Asbestos" means "asbestos" as defined in RSA 141-E:2, 1, namely "amosite, chrysotile, crocidolite, or asbestiformtremolite, actinolite, or anthophyllite." Readopt with amendment Env-A 1802. 01(d), eff . 3-15-05 (doc. #8304), and renumber as Env-A 1802. 06, to read asfollows: {-d-}-EnvA 1802.06 "Asbestos abatement" means "asbestos abatement" as defined in RSA 141-E:2, II ;, namely "any ofthefollowing activities: (a) The wrecking or removal ofany load-supporting structural member containing or covered by RACM, as defined in paragraph VII ; (b) The encapsulation, coating, binding, or resurfacing ofstructural members, walls, ceilings, or other buildingsurfaces, or ducts, pipes, boilers, tanks, reactors,furnaces, or other vessels containing RACMfor thepurpose ofminimizing the potentialforfiber release; (c) The construction ofairtight enclosures by the use ofimpact resistant materials to isolate surfaces coated with or containing RACM ; (d) The removal or stripping ofRACMfrom structural members, walls, ceilings, or other building surfaces, or ducts, pipes, boilers, tanks, reactors,furnaces, or other vessels; and (e) The repair ofRACM to minimize the likelihood of fiber releasefrom

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 asbestosfibers may be released, or repair of damaged, previously encapsulated, RACM with non-asbestos substitutes; and re-encapsulation or repair of enclosures around RACM . " Readopt with amendment He-P 5002 . 01(f) through He-P 5002. 01(i), eff . 3-23-01 (doc. #7467), and renumber as Env-A 1802 .07 and Env-A 1802

. 10, to read asfollows: ,urn n cnn2,nKf 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 members involved in any major or minor asbestos abatement project.Added language in bold italics; 4



### deleted language t Env-A 1802.1/b' "Asbestos abatement project designer" means an individual who 

### is certifiedpursuanl to RSA 141-E:11 to: (a) Ceonduct, plait, design, and develop proceduresfor asbestos abatement projects; or (b) Provide other suhstantive direction or criteria.for asbestos abatementprojects. We-F58 E1-2-1;}-1-(h)-Env-A 1802

.09 "Asbestos abatement supervisor" means an individual who i.4 certifiedpurnsuant lo Env-A 1810 .13 lo direct and control the asbestos abatement work ofan asbestos abatement worker. He n c0~02.04i)-Env-A 1802.10 "Asbestos ahalement worker" means an individual who is certified pursuant to Env-A 1810 .14 to perfornt asbestos abatement work under the supervision ofan asbestos abatement supervisor. Readopt with amendment E»v-A 1802. 01(e), eff . 3-15-05 (doc

. #83(14), and renumber as Env-A 1802 . 11, to read asfollows: (e)-EnvA 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; . Adopt Env-A 1802.12, to read as follows: EnvA 1802

.12 "Asbestos disposal site" means "asbestos disposal site" as defined in RSA 141-E:2, III, namely "land where asbestos waste exists, either in or on the ground, due to dumping activities which ceased by July 10, 1981 . The termincludes inactive disposal sites as defined by 40 CFR 61.141 . The termdoes not include any disposal site which is subject to thepermitting requirements of RSA 149- 

## M ." Readopt with amendment He-P 5002.01(a), eff . 3-23-01 (doc. #7467), and renumber as Env-A 1802.13, to read asfollows: ue n 5002.0i i .,) 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 . Ccongress on October 22, 1986

. Readopt with amendment He-P 5002. 01(1) through He-P 5002. 01(m), eff . 3-23-01 (doc. #7467), and renumber as Env-A 1802.14 through Env-A 1802.17, to read asfollows: u n cnm

.n, r:) EnvA 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 coursefor asbestos inspectors meeting the requirements of40 CFR 763, subpart E, appendix C section I .-B .3. ue P c002 .04n+Env-A 1802 .15 "Asbestos management planner" means an individual who is certifiedpursuant to RSA 141-E:11 to assess the health hazardposed byACM, determine the appropriate response action, and develop a schedulefor implementing a response action. ueDcnm

.n4t) EnvA 1802.16 "Authorized representative" means employees ofthe department,

### Added language in bold italics;

deleted language str-Eteli th+eugh city or town health officers, or others as designated by the commissioner pursuant to RSA 141-E:13. He n 5002.04 .,*Env-A 1802.17 "Building owner" means theperson in whomlegal or beneficial title to afacility is vested . Readopt Env-A 1802

.0169 through Env-A 1802.01(h), eff . 3-15-05 (doe. #8304), and renumber as Env-A 1802.18 through Env-A 1802 .20, to read as follows: (4)Env-A 1802.18 "Category I nonfriable ACM" means "Category I nonfriable asbestos-containing material (ACM)" as defined in 40 CFR 61 .141 as in effect on Tune 19, 1995 -,~uly 1, 2007, namely "asbestos-containing packings, gaskets, resilient floor covering, and asphalt roofing products containing more than I percent asbestos as determined using the method specified in appendix E, subpart E, 40 CFR part 763, section 1, Polarized Light Microscopy." (g}Env-A 1802

.19 "Category II nonfriable ACM" means "Category II nonfriable ACM" as defined in 40 CFR 61 .141 as in effect on R " ~° 19, 1995

-. uly 1, 2007, namely "any material, excluding Category I nonfriable ACM, containing more than 1 percent asbestos as determined using 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." (h)-Env-A 1802

.20 "Clean room" means an uncontaminated area or roomwhich is part of the worker decontamination enclosure systemand includes storage ofworkers' street clothes and clean protective equipment . Readopt with amendment He-P 5002.01(o) and He-P 5002.O1(p), eff . 3-23-01 (doe. #7467), and renumber as Env-A 1802.21 and Env-A 1802.22, to read asfollows: 14en cnn2.n,( ) Env-A 1802.21 "Contractor" means "contractor" as defined in RSA 141-E:2, IV, namely "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. " ue D cnm

.n R )_Env-A 1802

.22 "Crumb" means a particle that is large enough to be readily separately visible and reducible to loosepowder or loosefibers by handpressure. Readopt Env-A 1802.O1(i), eff . 3-15-05 (doe. #8304), and renumber as Env-A 1802.23, to read asfollows: (-i-}EnvA1802

.23 "Demolition" means the wrecking or taking out of any load-supporting structural member of a facility together with any related handling operation or the intentional burning of any facility;. Readopt with amendment He-P 5002. 01(q), eff . 3-23-01 (doe. #7467), and renumber as Env-A 1802.24, to read asfollows: lie v cnn2.n4 ) EnvA 1802 .24 "Department" means "department" as defined in RSA 141-E:2, T; namely "the department ofenvironmental services." Readopt Env-A 1802. 01() through Env-A 1802.0](7), eff . 3-15-05 (doe. #8304), and renumber as Env-A 1802.25 through Env-A 1802.27, to read asfollows: Fj}EnvA1802

.25 "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

### Added I<ulguage in bold italics;

deleted language st+i+el :-th+eti+gh not planned but results froma sudden, unexpected event. The termincludes activities necessitated by nonroutine failures of asbestos-containing equipment, the repair of which would require asbestos abatement; . 

### {-Ir}-F .nv-A 1802.26 "Encapsulant" means a material that is applied to an ACM in order to prevent the ACM or any of its components frombeing exposed to ambient conditions;. (1-}-Env-A 1802

.27 "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; . Readopt He-P 5002,01(s), eff 3-23-01 (doe . 117467), and renumher as Env-A 1802.28, to read asfollorvs: Env-A 1802.28 'EPA AHERA regulations" means the regulations as adopted bY 

### the U .S . Environmental Protection Agency in 40CFR Part 763 subpart E. Readopt with amendment He-P 5002 . 01(t), efr 3-23-01 (doe. #7467), and renumber as Env-A 1802 .29, to read asfollows: n cnmn4TEnvA 1802 .29 "EPA-approved training course" means any training course that bas received EPA approval, as published in the "National Directory ofAHERAAccredited Courses" (NDAAC),,for the purposes ofproviding training tofulfill any license or certification requirement under these rules. Readopt Env-A 1802.01(in) and Env-A 1802 .01(n), eff

. 3-15-05 (doe. #8304), and renumber as Env-A 1802.30 and Env-A 1802.31, to read asfollows: {-nr}Env-A 1802

.30 "Equipment room" means a contaminated area or roomwhich is part of the worker decontamination enclosure systemand which includes the storage of contaminated clothing and equipment . (-n-}-Env-A 1802

.31 "Facility" means any institutional, commercial, public, or private building or structure, work place, ship, installation, active waste disposal site, inactive waste disposal site operated after July 9, 1981, or rental dwelling;. Readopt with amendment He-P 5002.01(v), eff . 3-23-01 (doe. #7467), and renumber as Env-A 1802.32, to read asfollows: Wt-, P cnnP.ni i .+Env-A 1802.32 "Friable asbestos material" means `friable asbestos material" as defined in RSA 141-E:2, VI, namely "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. " Readopt with amendment Env-A 1802. 01(o), eff . 3-15-05 (doc

. #8304), and renumber as Env-A 1802.33, to read as follows: ($}Env-A 1802

.33 "Glovebag" means a sealed compartment with attached inner gloves used for the handling of .b_ _}_. } g ^}°~i°' ; ACM . Readopt Env-A 1802. 01(p), eff . 3-15-05 (doe. #8304), and renumber as Env-A 1802.34, to read asfollows:

### Added language in bold italics; 7

deleted language st+ttek-t lretrgl} (p}-Env-A 1802

.34 "HEPAfiltration" means high efficiency particulate air filtration capable of filtering all particles larger than 0.3 micron with 99.97 percent efficiency;. Readopt He-P 5002.O1(y) and He-P 5002. 01(aa), eff . 3-23-01 (doc

. #7467), and renumber as Env-A 1802.35 and Env-A 1802.36, to read as follows: 14g cnn~TEnv-A 1802.35 "Loose" means subject to movement by or in air, such as powder orfibers which can easily be blown or shaken from the hand . T--5Q02.04°^ -`

~Env-A 1802

.36 "Maintenance worker" means an individual who engages in work activities designed or intended to contribute to the on-going routine maintenance ofafacility, including but not limited to building maintenance, electrical work, plumbing, carpentry, masonry, custodial services, and heatingservices, and whose primary occupation is not asbestos abatement. Readopt Env-A 1802.01(q) through Env-A 1802.01(s), eff . 3-15-05 (doc. #8304), and renumber as Env-A 1802.37 through Env-A 1802.39, to read as follows: (q)-Env-A 1802.37 "Major asbestos abatement project - Class N" means any asbestos abatement project involving 260 linear feet, 160 square feet, or 35 cubic feet, or more, of RACM ; . {-r*EnvA 1802

.38 "Major asbestos abatement project - Class S demolition" means any asbestos abatement project involving less than 260 linear feet, 160 square feet, or 35 cubic feet of RACM, and which occurs within the context of a demolition as defined by this part;. (s)-EnvA 1802.39 "Major asbestos abatement project - Class S renovation" means any asbestos abatement project involving less than 260 linear feet, 160 square feet, or 35 cubic feet of RACM, but more than 10 linear feet, 25 square feet or 3 cubic feet, and which occurs within the context of a renovation as defined by this part; . Readopt He-P 5002. 01(ab), eff . 3-23-01 (doc. #7467), and renumber as Env-A 1802 .40, to read asfollows: P cnn2.nK bY

EnvA 1802.40 "Manager" means any person who is responsiblefor the control, operation, or maintenance ofa building, facility, school, or rental dwelling which is owned by another person. Readopt Env-A 1802.01(t), eff . 3-15-05 (doc

. #8304), and renumber as Env-A 1802.41, to read asfollows: (-t}-Env-A 1802

.41 "Minor asbestos abatement project" means any asbestos abatement renovation activity which encompasses not more than 10 linear feet, 25 square feet, or 3 cubic feet of RACK The termdoes not include larger projects that are divided into smaller segments; . Readopt with amendment He-P 5002 . 01 (ad), eff

. 3-23-01 (doc

. #7467), and renumber as Env-A 1802 .42, to read asfollows: 14o n cnn2.ni i ..a) EnvA1802 .42 "Model accreditation plan (MAP)" means the plan as adopted by the EPA in 40CFRPart 763, subpart E, appendix C . Readopt Env-A 1802. 01(u), eff . 3-15-05 (doc

. #8304), and renumber as Env-A 1802 .43, to read asfollows: (-}r}Env-A 1802.43 "Owner or operator (O/0)"for the purpose ofthis chapter means "owner or operator of a demolition or renovation activity" as defined in 40 CFR 61 .141, namely "any person who

### Added language in bold italics;

deleted language strtiek through 

### 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." Adopt Env-A 1802.44 to read asfollotivs: Erzv-A 1802

.44 "Person" means any individual, partnership, company, public orprivate corporation, political subdivision or agency ofthe state, department, agency or instrumentality of the United States, or any other legal entity. Readopt with amendment H( -P 5002.01(crlr), eff

. 3-23-01 (doe. 1l7467), and renumber as Env-A 1802.45, to read as,follows : Env-A 1802.45 "Private dwelling" means any residence, as defined in RSA 21 :6,-a which is occupied hy the owner. 

### Readopt with amendrnent L"nv-A 1802 . 01(v) through Env-A 1802.01(y), eff . 3-15-05 (doe

. 118304), and renumber as Env-A 1802.46 through Env-A 1802,48, to readas.follows: (v)Env-A 1802

.46 "Regulated Asbestos-Containing Material"-(RACM)" means : (1) Friable ACM

;-of (2) Category I nonfriable ACM that has become friable;-e} (3) Category I nonfriable ACM that will be or has been subjected to sanding, grinding, cutting, or abrading; or (4) Category II nonfriable ACM 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;. (Y+Env-A 1802

.47 "Removal" means the stripping of any RACM fromsurfaces or components within or at a facility;. (K-)-Env-A 1802

.48 "Renovation" means altering a facility or ene-er-more-any facility component(s) in any way, including the stripping or removal of RACM fromany facility orfacility component(s) . Readopt with amendrnent He-P 5002.01(ai) through He-P 5002.01(ak), eff . 3-23-01 (doe. #7467), and renumber as Env-A 1802.49 through Env-A 1802.51, to read as follows: Wen cnr» .n 4.,4 EnvA 1802 .49 "Rental dwelling" means any residence as defined in RSA 21 :6-a which is occupied by someone other titan the owner. He Pcnm

.n1 ca,LEnv-A 1802

.50 "Responsible person" means each individual who owns a license holder, or who has managerial, supervisory, or substantial decision-making authority and responsibility for the activities ofa license holder, or any combination thereof, including:

(1) For a corporation, thefollowing: a. All officers anddirectors;

### Added language in bold italics; 9

deleted language st+t+eIF-tl}reugh

b . All shareholders, ifa privately held corporation, or all shareholders holding 10 percent or more ofthe corporation's debt or equity, ifa publicly traded corporation; and c. A11 management andsupervisory personnel ; (2) For a partnership, all partners, whether general or limited, and all management and supervisory personnel ; (3) For an association or other organization, allprincipals, members~ andparticipants, as applicable, andall management andsupervisory personnel ; and (4) For a municipality or otherpolitical subdivision ofthe state, the individuals elected or appointed to oversee or manage the prudential affairs of the political subdivision, and the managers andsupervisors of the department(s) that will performwork under the authority of the license. uen cnn2,n 4 i,+

EnvA 1802.51 "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. Readopt Env-A 1802

. 01(y) and Env-A 1802 .01(z), eff

. 3-15-05 (doc. #8304), and renumber as Env-A 1802 .52 and Env-A 1802.53, to read asfollows: (-y}-EnvA 1802.52 "Sheets" or "sheeting" means any waterproof material which can be used to make air-tight barriers; . (z*EnvA 1802

.53 "Shower room" means a roombetween the clean roomand the equipment roomin the worker decontamination enclosure with running water that is suitably arranged for complete showering during decontamination-,a*d . Adopt Env-A 1802.54 to read asfollows: Env-A 1802

.54 "Small-scale, short-duration activities (SSSD) "means "small-scale, shortduration activities (SSSD) " as defined in 40 CFR 763, subpart E, appendix CJuly 1, 2001 edition, namely: "(1) Tasks such as, but not limited to: a. Removal ofasbestos-containing insulation on pipes; b . Removal ofsmall quantities of asbestos-containing insulation on beams or above ceilings; c . Replacement of an asbestos-containing gasket on a valve; d . Installation or removal ofa small section ofdrywall ; e. Installation of electrical conduits through or proximate toACM ; f . Removal ofsmall quantities ofACM only ifrequired in the performance ofanother maintenance activity not intended as asbestos abatement;

### Added language in hold italics; I

deleted language 4

.i-tl3+ei-igh

. Removal of~asbestoS-containing thernlal syb'tent insulation not to exceed amounts greater 

### than those which can be contained in a single glove bag; 

### /r. Minor repairs to damaged thermal insulation which do not require removal ; i. Repairs to a piece ofasbestos-containing wallboard; j . Repairs, involving encapsulation, enclosure, or removal, lo small amount offriableACM only if required in the performance ofemergency or routine maintenance activity and not lnlL'nllL'll soleh, as asbestos abatement . Such work may not exceed amountsgreater than those which can be contained in a single prefabricated mini-enclosure. Such an enclosure shall conform

spatially andgeometrically to the localized work area, in order to perfornr its intended.function. (2) For the purposes ofthis chapter, SSSDprojects shall be limitedto less themor equal to 3 linearfeet of asbestos surface on pipes or ducts, or 3squarefeet of asbestos-containing building material on surface structures other than pipes or ducts. " 

### Readopt Env-A 1802

. 01(aa), eff

. 3-15-05 (doe. #8304), and renumber as Env-A 1802.55, to read as follows: (aa)-Env-A 1802

.55 "Tape" means a high quality duct tape or similar adhesive material which can resist both moisture and wear. PART Env-A 1803 NOTIFICATIONANDFEES Readopt with amendments Env-A 1803.01 through Env-A 1803.09, eff . 3-15-05 (doe

. #8304), to read as follows: Env-A 1803.01 Noti fication for Maior Asbestos Abatement Proiects. (a) Except as provided in Env-A 1803.04, eac-Whe owner or operator (O/O) shall provide written notification to the department and the cityl or town health officer, as applicable for tile worksite location; (b) The notice required by (a), above, shall : (1) Contain the information specified in Env-A 1803.06 ; and (2) Be provided at least 10 working days before asbestos abatement activity begins at any major asbestos abatement project . Env-A 1803.02 Notification for Minor Asbestos Abatement Proiects. Notification to the department shall not be required for any minor asbestos abatement projects. Env-A 1803.03 Notification for Demolitions. (a) Baeh-The ewner-e}-eperatef-0/Oshall provide written notification to the department and to the citylor town health officer, as applicable to the worksite location;. (b) The notice required by (a), above, shall :

### Added language in bold italics; 1 1

deleted language straek through

(1) Contain the information specified in aeset-danee-rvitl~-Env-A 1803 .06; and (2) Be provided at least 10 working days before any demolition activity begins. (c) T4ri-s-ftNotification under (a), above, shall be +equired-provided if no ACM

, if any, }h°} is contained in the facility. Env-A 1803.04 Annual No tification. even

(a) In lieu of the notification required pursuant to Env-A 1803.01, andsubject to (d), below, the ewner-er-eperatef- 0/Oof 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 newcalendar year to December 31 of the same year. (b) Such annual notification shall be made at least 10 working days prior to the start of the new calendar year. (c) After filing an annual notification, the ewner-er-eperater-O/O shall provide the department with quarterly reports of activities performed under such annual notification, w that include dates of removal, amounts and kinds of RACM removed, and disposal site used. (d) The O/Oshall give separate, individual notification as specified in Env-A 1803. 01for eBach - in major asbestos abatement project - Class N that occursriirg at the facility, shall-require regardless ofwhether an annual notification has beenfiledfor thefacility. Env-A 1803.05 Notification for Emergency Asbestos Abatement Projects. For emergency asbestos abatement projects, the owner- er-eper-eAer-O/Oshall : (a) Notify the department as early as possible prior to abatement or, ifprior notice is notpossible, within 24 hours of the beginning of evet-y each emergency asbestos abatement activity with information required under this part. (b) If notice under (a), above, is provided orally, pProvide written notification in accordance with this part to the department no later than 48 hours after the beginning of an emergency asbestos abatement. Env-A 1803 .06 Information Required. (a) In any notification required by this part, the ewnerei--eperatef 0/Oshall : (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) . (b) Any additional information not specifically required by this part, but where-necessary to completely describe the scope of the project, shall be provided on separate paper. (c) Hours of operation shall be included on the notification document .

### Added language in bold italics; 12

deleted language stme-1,t4routth



### Env-A 1803.07 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. C ;nv-A 1803.08 Disposal Only. (a) Each person hired by an owner-ot-epe+-atet-0/0 solely to transport and dispose of ACM shall provide written notification to the department of such transport and disposal . (b) Prior to transport, the person subject to (a), above, shall provide the following information to the department :

(1) The person's name, and-mailing address, and dciytime telephone number, and, if available, an e-mail address; (2) The avw3er-er-eper~0/O's name and mailing address; (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) ofACM to be disposed. (c) Within 30 days after delivery to the disposal site, the person subject to (a), above, shall provide a copy of the waste shipment record to the department . Env-A 1803 .09 NotiTcation Fees. (a) The person providing A-written notification to the department shall h a ",i°db~-~-seiid the fee specified in (c), below, as applicable, te-with the notification being su"rni (b) Payment shall be in the formof 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) (2) (3) (4) For a notification of a major asbestos abatement project - class N, $2-00--300; For a notification of a major asbestos abatement project - class S, $2-S-SO ; For an annual notification pursuant to Env-A 1803.04, $1500 ; and For a revised notification pursuant to Env-A 1803.07, $-1-0-25.

### Added language in hold italics; 13

deleted language s' "-a^k 'h"atigh Readopt with amendment PART Env-A 1804, eff . 3-15-05 (doc

. #8304), to read asfollows; PART Env-A 1804 INSPECTIONS AND RECORDKEEPING PROVISIONS Env-A 1804.01 Inspections Required Prior to Commencinz Demolition or Renovation. (a) Prior to undertaking any demolition or renovation as defined by this chapter, eaeli ewfiet- ei-- eperatei- the O/Oshall provide for an inspection by an asbestos inspector of the affected portion(s) of the facility for the presence ofACM, (b) Tllie-For an inspection ofa school building required pursuant to (a), above, the inspection shall be performed by a-persen-an asbestos inspector who is certified under Env-A 1810to performasbestos inspections.

Env-A 1804.02 D

ocuments To Be Retained On-site. Each owner of aperatef 0/Osul}jeet-te-theofafacility where an asbestos abatement project is occurring shall retain the following documents on-site for the duration of the asbestos abatement project: (a) Acurrent copy of t"°~°~ °"'°~-tJzis chapter; (b) Copies of the decontamination procedures used for the decontamination enclosure system required by Env-A 1805.0406 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, er-et#ue and proof of training held by all supervisors and workers engaged in the asbestos abatement project; (e) Records of all project-related air sampling results; and (f) A copy of any written notification concerning the asbestos abatement project submitted to the department pursuant to Env-A 1803. {Env-A 1804.03 has been moved and renumbered as Env-A 1804.04} Env-A 1804.0403 Required Records . (a)-Each O/O this pat4 ofafacility where an asbestos abatement project has occurred shall record and maintain the following information for each project : (-l-a) The name, title, address, and social security number of each supervisor and worker participating in the project ; (2b) The address of the project;

### Added language in bold italics; 14

deleted language '11ire{~tl-rf<>"44 (3c) The work plan for the pro,ject ; 

### (4d) The estimated amount of RACM involved in the project ; (5e) The scheduled and actual starting and completion dates and, if an actual date differs fromthe date originally scheduled, a statement of reasons for the difference(s) ; (~f) Documentation of compliance with all applicable requirements of this chapter ; (7g) Copies of all asbestos-related correspondence with the department and other state and federal agencies concerning the pro ,ject, including but not limited to building or demolition permits, notices of violation, or other documents relating to permits; (8h) The name and address of the asbestos disposal facility to which tile RACM was taken; (9i) The methodology and results of all air sampling conducted during the abatement process, the name and address of any consultant hired to performsuch sampling, and the name and address of any analytical service employed to analyze such samples; and (-l9j) Descriptions ofworksite accidents and unplanned or planned exposures to asbestos
. Env-A 1804.0304 Ret ention of Records. (a) The awner-er-eperater-O/Oshall make the records described in Env-A 1804.8403 available to the department upon request . (b) Records shall not be destroyed unless they are more than 30years old, dated fromthe completion of the asbestos abatement project . Readopt with amendment He-P 5003.02 through He-P 5003.05, eff . 8-IS-97 (doc

. #6557), and renumber as En>>-A 1804

.05 through Env-A 1804.07, to read asfollows: He D ~-~-~ .~ Env-A 18114 .05 Compliance Inspections and Production of Records. (a) Upon the request ofthe department, in conjunction with any inspection pursuant to RSA 141- E:8 or RSA 141-E:13, building owners or managers shall reviewbuilding recordsfor references to ACM used in construction or repairs and provide all informationfound 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 ofbeingfriableACM, the authorized representative shall touch or rub the suspect material to determinefriability. (c) Ifthesuspect material isfriable, tite authorized representative shall : (1) Collect 3 bulk samples ofthe material ; (2) Collect air samples; and (3) Have the samples analyzed by an asbestos analysis service which meets the criteria set forth under EnvA1808 .

### Added language in hold italics; 15

deleted language stttFek-fh+at+glfi (d) The department shallprovide a copy qfthe analytical results to the O/O, building manager, or other interestedparties upon receipt ofa written request. He n cnm

.n3 Env-A 1804

.116 Determination ofDamage or Deterioration. FriableACM shall be deemed lo be deteriorated or damaged if (a) The material has pulled awayfrom the underlying surface; or (b) Evidence ofphysical damage exists, such as gouges or cuts in the material or debris matching the material is on the surface below the material . n~,~° 5003.04- Env-A 1804 .07 Determination ofthe Potential for Sienificant Human Exposure As a result ofan inspection under RSA 141-E:8 or RSA 141-E:13, the department shall determine that there is a potentialfor significant human exposure if ." (a) There is an increase in the proximity of friableACM

to an air plenumor direct air stream ; (b) There is an increase in the visibility and accessibility of friableACM

to building occupants and maintenance workers; or (c) An increase or change in the degree ofactivity in or around the building increases the risk the friableACM

will be released into the air, including air movement, vibration, installing new machinery, and moving ofbuilding occupants. Adopt Env-A 1804

.08 to read asfollows: Env-A 1804

.08 Inspections ofPrivate Dwellinks. - (a) As provided in RSA 141-E:8, III : (1) The owner ofa private dwelling may request the department to inspect the dwellingfor thepresence of RACM ; (2) If the departmentfinds RACM, the department shall make recommendations to the ownerfor the abatement ofthe RACM ; and (3) The department shall charge afeefor such inspections. (b) Thefee required by RSA 141-E: 8, III shall be calculated in accordance with Env-A 1804.09(b) . (c) The owner ofa private residence who wishes to request an inspection mayfirst request the department to provide an estimate ofthefee. (d) If an estimate is requestedpursuant to (c), above, the estimate shall be: (1) Based on the best professional judgment of the department; and (2) Provided by the department to theproperty owner in writing. (e) Thefinalfee assessedshall reflect the actual costs as determinedpursuant to Env-A

### Added language in bold italics; 1 6



### cleleted language 1804 .09(b), andso might be higher or lower than the estimate provided in advance ofthe inspection. 

### (f) The departazent shal! send a billfur thefee to the propert)) owner, who shall pay thefee within 30days qfthe date ofthe department's bill. Reudohl with unzendment He-P 5003.OG, eff.' 8-15-97 (doc. #G557), and renumber us G'nv-A 1804. 09, to read as.follows: r__ ;1 5003.06- Env-A 1804.09 Inspection and Compliance Monitorink, 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 lo evaluate compliance with RSA 141-E, the department shall charge a.feefor the inspection and any sample collection and analysis. (b) The.fee charged shall be the sumofthe individual personnel testing and monitoring.J'ee as specified in (c), below, and thefeesfor sample analysis as specified in (d), below . (c) The individualpersonnel testing and monitoringfee shall be the surn ofthe./ollowing.for each department employee who participates in the inspection:

(1) Travel costs, basedon the state of New Hampshire's standard mileage reimbursement rate; 

### (2) Lodging costs, iflodging is or becomes necessary due to the amount oftime neededfor travel and the inspection, the distancefromConcord, and weather conditions; (3) Cost ofmeals, ifthe time neededfor the inspection and travel exceeds 4lzours; (4) Costs ofspecialty equipment and consumable supplies, where these costs were incurred specifically in order to carry out the specific inspection; and (5) The product ofthe number ofhours or portion thereof which file employee spent traveling and inspecting, multiplied by the hourly rate, including benefits, ofthat employee. (d) The schedule offees_for sample analyses shall be asfollows: (1) Bulk samples shall be $75per sample analyzed by polarized light microscopy (PLM) ; (2) Air samples shall be $50per sample when analyzed by phase contrast microscopy (PCM) ; and (3) Air samples shall be $250per sample when analyzed by transmission electron microscopy (TEM) . (e) The department shall send tlze billfor thefee to the 0/0 ofthefacility. Thefee shall be paid within 30days of the date ofthe department's bill . Readopt,with amendment PART Env-A 1805 through PART Env-A 1807, eff . 3-15-05 (doc. #8304), to read asfollows: PART Env-A 1805 WORK PRACTICE REQUIREMENTS

### Added language in bold italics; 1 7

deleted language °'ruek 'hi'ough Env-A 1805.01 Requirements for Maior Asbestos Abatement Projects. Each O/O of a facility at which major asbestos abatement activity is or may be undertaken shall ensure compliance with this part. 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 He-I~ 5805-Env-A 1810

. Env-A 1805

.03 Records Maintained On-Site. The O/Oshall maintain the records specified in Env-A 1804

.02 on-site. Env-A 1805.93,04 Site Preparation. Prior to the start of the abatement, the e'wneF-or eperater-O/O shall prepare each work area asfollows: (a) Post telephone numbers of the nearest emergency facilities within 3 feet of the Heafest telephone nearest to the work area; (b) Isolate contaminated areas fromuncontaminated 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 systemdoorways, using sheeting having a minimum

thickness of 6 mil-sheetin~; (c) Post warning signs at all entrances to the work area; (d) Remove all movable objects fromthe work area; (e) Clean or dispose of as asbestos waste all contaminated items that are removed fromthe work area; (f) Clean all non-movable objects in the work area, then coverwith sheeting having a minimum thickness of4 mil sheeting secured into place; (g) Install sheeting as follows : (1) Completely cover aAll uncontaminated floors, walls, and ceiling surfaces in the work areas -shall be cc: ::Yle,e?;-eev_:-°e' with sheeting as specified in (3) through (6), below, as applicable, sized and installed so as to minimize seams; (2) No sheeting seams shall be located at any floor/wall or ceiling/wall corners; (3) Floor sheeting shall consist of 2 layers of 6 mil sheeting, extending at least 12 inches up each wall ; (4) Wall sheeting shall consist of one layer of 4 mil sheeting, extending at least 12 inches across the floor; (5) Ceiling sheeting shall consist of one layer of 4 mil sheeting, and shal l at least 12 inches down each wall ; and

### Added language in bold italics; 18

deleted language st+uelr-tht~eu-gh

(6) Slreetingfbr rrAll intal<c and exhaust openings and any scams in 1-IVAC system components shall be sealed-w+t-IrsheetEngeflat least 6mil or tape ; and 

### (h) Turn off all I-IVAC systems in or passing through the work area, and take measures to prevent accidental start-ups. Env-A 1805.9405 Work Area Ventilation. (a) The work area shall be served by a sufficient number of negative pressure ventilation units with 1-IEPA 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 fromthe time that barrier construction is completed through the tiine 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 themanalyzed, as described in Env-A 1805.98{e)09(c), as expeditiously as practical, but no more than 24 hours after sampling. Env-A 1805.9~06 Worker Decontamination Enclosure System . (a) Each asbestos abatement site shall have a worker decontamination enclosure system . (b) The worker decontamination enclosure systems shall consist of a clean room, shower room, and equipment room, eash-separated fromeach other by doorways with at least 2 overlapping sheets. (c) The shower room shall have running water that is at least 85° F or can be mixed at the tap to achieve 85° 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 systemshall be airtight. (f) system . All entrances to and exits fromthe work area shall be through the decontamination enclosure (g) Each worker exiting fromthe work area shall thoroughly shower so as to remove all asbestos fibers before entering the clean room . (h) No asbestos-contaminated individual or itemshall enter the clean room . Env-A 1805.8607 Asbestos Removal Procedures.

### Added language in hold italics; 19

deleted language st+t}ek-th+eugh (a) All RACM

shall be thei-etighly adequately wetted before removal and maintained wet during and after removal so as to prevent the release orfihers until placed into leak-tight containers for disposal . (b) All RACM

shall be carefully lowered to the ground or floor, not dropped or thrown. (c) Structural members not previously stripped of RACM shall be removed intact or in large sections whenever possible and carefully lowered to the floor. (d) RACM

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 evvnef-or-epeteter-O/O shall performcleanup procedures using repeated HEPA vacuuming and wet cleaning techniques until no visible residue is observed in the work area. Env-A 1805.8q08 Disposal . (a) An ewne}-er-epepateF 0/Oshall performthe following prior to transport of RACM for disposal : (1) RACM

shall be placed wet into water-tight containers for transport to a landfill . Double impermeable bags of at least 6 mil thickness each, which can be securely sealed, may be used; (2) Large components or structural members removed intact shall be wrapped air-tight in 2 layers of 6 mil sheeting secured with tape; and (3) All containers, including bags, drums, and wrapped components, shall be labeled in accordance with 40 CFR 61 .150(a) and shall be manifested pursuant to 40 CFR 61 .150(d) . (b) RACM

shall be disposed of in accordance with the requirements of 40 CFR 61 .150, as incorporated by reference in Env-A 1807.01, with amendments, and Env A'm''6n' Env-Sw 901 . (c) Within 30 days after delivery of RACM to the disposal site, the O/Oshall provide a copy of the waste shipment record to the department. Env-A 1805.9909 Cl earance Testin~. (a) At the completion of an asbestos abatement project, but prior to dismantling the containment and decontamination system, the ewner-er-eper-ater-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 ofvisible residue. (c) Ifvisible residue is found by the independent industrial hygienist, the O/O shall continue cleaning the work area in accordance with Env-A 1805.8607(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 0.01 fibers/cubic centimeter (f/cc) of air. (e) Clearance air sampling shall be done no sooner than the earlier of 6 hours fromthe time the

### Added language in bold italics; 20

deleted language s4+uck-tlrl :otl0 Cleanup procedures Of WCt Wiping and I I1 ;PA Vi1CL1L1ll11l1g are completed, or such time as all SLIrfaCCS Ill 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) tTo ensure that any fibers deposited on surfaces within the work area are included in the sample; and (2) For all clearance sanipling in schools and school buildings. (l,r) Exceptfor schools and school buildings, non-aggressivesanapling shall be used lin areas where - all uncontaminated wall, ceiling, and floor surfaces in the worl< area are not covered with sheeting, non (gh) The containment and worker decontamination systemshall not be dismantled until clearance air sampling demonstrates the presence of no more than 0.01 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 ofAnalytical Methods (NMAM), Fourth Edition, 8/15/94. (hi) 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. Env-A 1805.8310 Specific Requirements for Demolition. (a) Prior to any demolition by intentional burning of a structure or portion of a structure, all RACM and Category I and Category II nonfriable ACM shall be removed in accordance with the applicable provisions of this chapter. (b) Prior to any demolition, other than demolition by intentional burning, of a structure or portion of a structure that contains RACM, all RACM shall be removed in accordance with the applicable provisions of this chapter, subject to (c), below . (c) For clearance air sampling as described in Env-A 1805.8809, an acceptable result shall be 0.1 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 ofAnalytical Methods (NMAM), Fourth Edition, 8/15/94. O/O Env-A 1805.411 Specific Requirements for Enclosure of RACK When an F chooses to enclose RACM, the evvnef-et-eper-ater-O/O shall do the followi*g: (a) Notify and pay the fee in accordance with Env-A 1803.09(c)(1) or (2), as applicable; (b) Prior to enclosure, remove loose and hanging RACM in accordance with EizvA 1805 applieable- *ts. , (c) Ensure that enclosures are airtight and of permanent construction, so that the area being enclosed is inaccessible; (d) Prior to commencing work, wet all RACM that has the potential to be disturbed during the

### Added language in bold italics; 21

deleted language *.., . k through 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 mechanismon the enclosure to warn individuals who may be required to disturb the enclosure. Env-A 1805.-1-1-12 Specific Requirements for Encapsulation of RACM . When an ewnet=er-epetatef O/Ochooses to encapsulate RACM, the ewner-ef-eperater-O/O shall-d (a) Notify and pay the fee in accordance with Env-A 1803.09(c)(1) or (2), as applicable; (b) Insure 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 Env-A 1805 (d) Apply encapsulants using only lowpressure 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 mechanismon the enclosure to warn individuals who may in the future be required to disturb the material . Env-A 1805.-1-213 Minor Asbestos Abatement Pro'e~ cts. (a) Personnel involved in minor asbestos abatement projects shall be certified in accordance with He 000-tlzis chapter, unless exempt under the provisions ofEnvA 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 vacuumequipment 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 1805.0708 in airtight containers and labeled in accordance with 40CFR 61 .150(a) ; and r (5) The containerized waste shall be transported and disposed of in accordance with Env Alm 2484- Env-Sw

901 . PART Env-A 1806 ALTERNATIVE WORK PRACTICES Env-A 1806.01 Glovebags . (a) Glovebags maybe used only in accordance with the provisions ofthis part.

### Added language in hold italics;

deleted language "t,~,~tdz:~- uth 

### (b) Glovebags shall only be used under such conditions that their use will not threaten any release of fibers at locations outside of thc glovebag. (c) Glovebag procedures shall conformto the requirements of 29 CFR 1926.1 101(g)(5)(ii)(B)(1) through (h'), n ,ffi* '", 1996

-July 1, 2007

. (d) Following completion of a glovebag procedure or series of glovebag procedures in a contiguous area, clearance air sampling shall be conducted in accordance with the reqUuremcnts of Env-A 1905.0809. Env-A 1806.02 Other Alt ernative PrOCC(hil-CS, (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 approve an alternative procedure for control of emissions froman asbestos abatement activity,-p ~^" Vi~aeirthat 011t)7 if (1) EPA approves the request or notifies '`'r-r,ES the department in writing that the requested procedure need not be approved by EPA,-i+rwriti-rrg; and (2) The owner-er-epera~eF -0/Osatisfies (c) through (e), below . (c) The ewne

;, of operator-0/0 shall submit to the department a written request for use of an alternative procedure at least 10 days in advance of the proposed starting date for such abatement . Requests shall include all information identified at Env-A 1803.06, and shall include such additional information as is necessary to identify the unique aspects of the project which led to the request . (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. PART Env-A 1807 APPLICABLE FEDERAL REGULATIONS Env-A 1807.01 ~'°Regula=ian National Emission Standards ForAsbestos. Under the authority of RSA 141-E:4, I:I(a)(3-)-XVI(e), the epwner-eieper-atei-0/Oof a facility subject to this chapter shall comply with the provisions of 40 CFR 61, subpart M, as in effect on July 1, 2884-2007, except for: (a) The definition of "facility" in 40CFR61 .141 ; and (b) The provisions of 40 CFR 61 .145(c)(1)(i), 61 .145(c)(1)(ii), 61 .145(c)(1)(iv), 61 .149(c)(2), 61 .150(a)(4), 61 .150(a)(5), 61 .150(b)(3), 61 .151 with respect to disposal sites not operated after July 9, 1981, 61 .151(c), 61 .152(b)(3), 61 .154(c), 61 .154(d), 61 .155(a), and 61 .157.

### Added language in bold italics; 23

deleted language °*riiek '""^tigh Env-A 1807.02 AHERA Regulations. An individual who engages in ally school asbestos abatementplanning activity or a contractor who engages in an asbestos abatement project in a school shall comply with the provisions of40CFR 763, subpart E, as in effect on July 1, 2007, exceptfor the provisions of 40 CFR 763.97 and 763 .98 . Readopt with amendment PART He-P 5004 and PARTHe-P 5005, eff . 8-15-97 (doc. #6557), and renumber as PART Env-A 1808 and PARTEnv-A 1809, to read asfollows: PART H- P N14- EnvA 1808 ASBESTOSANALYTICAL REQUIREMENTS He-P 5004, oz Env-A 1808 .01 Applicability
. This part shall apply to the analysis of all asbestos samples obtained by the department pursuant to compliance inspections. He D 5"04,02- Env-A 1808.02 Analytical Proficiency. Thefollowing criteria shall apply to the analysis of asbestos: (a) For air sampling proficiency standards, the laboratory analysis ofair samples shall be performed by either:

(1) A laboratory presently accreditedfor asbestos analysis by the American Industrial HygieneAssociation (AIHA) ; (2) An analyst presently listed in theAIHAAsbestos Analysis Registry; or (3) A person who has successfully completed the NIOSHCourse #582 "Sampling and Evaluating Airborne Asbestos" and whose laboratory presently shows evidence of a proficient rating in the AIHA ProficiencyAnalytical Testing Program(PAT Program) ; (b) For bulk sampling proficiency standards, the laboratory shall show evidence ofa current proficiency rating in the National Volunteer LaboratoryAccreditation Program(NVLAP), such as being listed in the most recent copy ofthe Federal Register containing the EPA'sAccredited Laboratories AHERA listforAccredited Polarized Light Microscopy Laboratories; and (c) The analysis ofbulk samples shall be performed by, or under the supervision of, an analyst who has successfully completed an approved course oftraining in the techniques andproceduresfor identification ofasbestos in bulk samples such as the McCrone Institute BulkAnalysis course. ile-P 5AA4-:93- EnvA 1808 .03 Analytical Technique (a) Air samples shall be submittedfor analysis to a laboratory that uses phase contrast microscopy (PCM) for the analysis of air samplesfor asbestos content unless accredited by the National Institute ofStandards and Technology (NIST) for transmission electron microscopy (TEM), in which case the laboratory may analyze air samples using TEM . (b) Analyticalproceduresfor PCM shall be in accordance with NIOSHMethod 7400, Issue 2, entitled "Fibers"published in the NIOSHManual ofAnalyticalMethods, 4"' Edition, Second Supplement, August 1994 . Air volumes sampled shall be sufficient to accurately determine, to a 95 percentprobability, fiber concentrations of 0 .01 fibers/cubic centimeters of air (f/cc) . (c) Analyticalproceduresfor TEM shall be as stated in 40 CFR Part 763, subpart E, appendixA :

### Added lwnbliagc in bold italics; 24

dclcted language 4t-t+ek-tli'etO "Mcurd«tory and Non-M«ndatory" or «s defined andaccepted by the NIST.for 7EM accreditation. 

### (d) Analytical proceduresfor PLM shall be as stated in 40 CFR Part 763, subpart F, appendix A: "InterimMethod ofthe Determination o,fAsbestos in Bulk Insulation Sanaples" or as defined and accepted by the NISTfor PLM accreditation. PART Lren -WTEnv-A 1809 APPROVAL OFASBESTOS TRAININGPROVIDERSAND COURSES;-OBLIGATIONS OF TRAINING PROVIDERS HeQ4##34

ll-Env-A 1809.01 Training Approval . All training courses that tire used tofulfill licensure and certification reqrrirenrents_for asbestos abatement andschool asheslos abatement planningshall be approved by: (a) The EPA; (b) An EPA-approved state accreditation program ; or (c) The department, pursuant to EnvA 1809 .02 and Env-A 1809

.03 . EnvA 1809

.02 Reguesl for Approval ofTraining Course. Any training provider seeking approval of one or more training course(s) shall submit thefollowing in writing to the departmentfor each proposed course: (a) The name(s) of tire trainingprovider as shown on the approval issuedpursuant to Env-A 1809 .04 ; (b) The name ofthe specific coursefor which approval is sought; (c) Whether the course is intendedfor initial certification or as a refresher;

(d) An outline ofthe training course that shows the topics to be covered and the amount of time to be given to each topic; (e) A copy ofthe applicant's instruction manualfor the training course, and allprinted material to be distributed in each course; (f) Adescription ofthe teaching methods to be employed, including a description of any audio-visual aids to be used ; (g) A description ofthe hands-onfacility to be used, including the protocol for instruction, the number ofstudents to be accommodated, and the number ofinstructors; (h) A description ofthe equipment that will be used in both classroom lectures and in hands-on training; u v cnnc,n3( .,)(n)(i) The name and qualifications of each individual who willprovide the trainingfor the course, including education, training, and experience; An example ofthe written examination to be given in the course; (k) A copy ofthe certificate ofcompletion to begiven to successful course

### Added language in bold italics; 25

deleted language ' "~a^' " 'h"'^u"g" participants; and (1) Any additional information that may be needed to demonstrate that the proposed course will meet the criteriafor approval specified in Env-A 1809 .03 . WD 5~.~-W_L-Env-A 1809 .03 Criteria forApproval ofTrainin'QCourses. The department shall approve a training coursefor which an application is submittedpursuant to EnvA 1809 .02 if all of the following criteria are met: (a) Thetraining courses will be conducted by a training provider approvedpursuant to Env-A 1809 .05; (b) For a training course requiredfor certification, the course is specific to the discipline and meets the requirementsfor that discipline as setforth in the model accreditation plan (MAP) ; (c) Thetopics or subjects ofinstruction will be presented through a combination of lectures, demonstrations, andfield 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 ofnot greater than 10to one; (e) The training courses will meet thefollowing time restrictions: (1) The total hours required byAHERAshall be completedwithin a 2-week timeframe; (2) Attendees shall not be required to attend more than 8 hours of actual training in a single 24-hourperiod; and (3) Evening instructions shall not exceed a maximum of4 hours in any single session. For an asbestos training course outlined in the MAP, nofewer than 2 qualified instructors willprovide the training, except that one instructor may conduct coursesfor asbestos abatement workers provided that the instructor is bothfield-experienced and qualified; (g) For a training coursesfor asbestos abatement workers, asbestos abatement contractors and supervisors, asbestos inspectors, asbestos management planners, or asbestosproject designers, the course will meet those requirements specific to each discipline as setforth in the MAP ; (h) Successful completion ofa coursefor asbestos abatement workers, asbestos abatement inspectors, andasbestos managementplanners will be demonstrated by achieving a score ofat least 70 percent on a written examination consisting of50multiple choice questions; (i) Successful completion of a coursefor asbestos abatement contractors andsupervisors andfor asbestos project designers will be demonstrated by achieving a score ofat least 70percent on a written examination consisting of100 multiple choice questions; and

### Added language in bold italics; 26



### deleted language { (j) If the proposed course is it refresher training course, the course -will : (1) Meet the applicable requirentents as setforth in the MAP ; (2) Be specific to only oneAHERA discipline; and (,3) Require successful completion qfthe course to be demonstrated by achieving a score qf at least 70percent on a written examination consisting nf25 multiple choice questions. He n 5005.03 Env-A 1809 .04 Request forApprovcc! ofTraining Providers. Any person who wishes to obtain department approval as it training provider shall submit tbefollowing in writing to the departmentfor each proposed course: (a) The name, mailing address, and daytinze telephone number ofthe applicant and a list ofall names under which the applicant conducts or intends to conduct trainutg; (b) A list ofeach asbestos training course that the applicant intends to offer, including both initial and refresher training courses; (c) A list of all states andfederal agencies that have certified, accredited, or given otherforms o 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 ofan individual at each department or agency who can be contacted regarding the approval ; and (3) Copies ofall such written approvals; (d) A list of any outstanding state orfederal enforcement actions pending against the applicant with regard to asbestos abatement training or work; (e) If there are any outstanding state orfederal enforcement actions pending against the applicant with regard to asbestos abatement training or work, an explanation ofthe circumstances surrounding the actions which demonstrates that the applicant can be expected to adhere to applicable requirements ifapproved as a trainingprovider pursuant to these rules; (9 Documentation that the training provider meets the criteria specified in Env-A 1809 .05(d) and (e) ; and (g) Astatement 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 rulesfor asbestos control ; and (3) All information contained in the application, including any supplements attached, is true and correct to the best oftheir knowledge and belief .

### Added language in bold italics; 27

deleted language '~~a^'( '"~~^^gh Env-A 1809.05 Criteria for Approval ofTraining Courses. The department shall approve a training providerfor which an application is submitted pursuant to Env-A 1809 .04 ifall ofthe following criteria are met: (a) All ofthe information required by Env-A 18119 .04has been submitted; (b) The applicant has signed the certification required by EnvA 1809.04(g) ; (c) If information is submitted in response to EnvA 1809 .04(e), the department makes a determination that the applicant can be expected to adhere to applicable requirements ifapproved as a training providerpursuant to these rules; ueD cnnc .n3 (~) The applicant issues or will issue a uniquely numberedcertificate to each students who successfully completes an initial or refresher course; and P° ° 55 .- (e) The applicant includes or will include thefollowing information on the numbered certificates which it issues:

(1) Name and date ofbirth ofthe student; (2) The course completed ; (3) The date(s) ofthe course and the examination; (4) The name, mailing address, and daytime telephone number ofthe trainingprovider; (S) A statement that the student has completed the requisite trainingfor asbestos accreditation under TSCA Title II ; (6) An expiration date that is oneyearfrom the date on which the student is issued said certificate; and (7) The address of the location where the course was given. EnvA 1809

.06 Training Provider Responsibilities. Each training provider approved under these rules shall : m,D S-~ ^3- (a) Comply with the recordkeeping requirementsfor training providers as setforth in the MAP

; We P 5o05.a3 (b) Retain records of thefollowing: (1) The title ofeach initial and refresher course taught; (2) The date(s) on which the course wasprovided; and (3) The name, address, and date ofbirth of each student who successfully completed the course; He D5--r- "3- (c) Notify the department in writing within 30daysfollowing any change in course

### Added languagc in bold italics; 28

deleted (anguage ihrot+O content, training aitLs used, facility used, or other matters that would tiller the instructionfromthat described in the application. Minor changes in agenda, such as guest speakers, ifotherwise qualified, and course schedule shall be exempt .Jromthis iiotificnlion requirement ; He ° ~- .--~,~95 ~T(d) Distribute and use as part of the course content any information or training aids furnished by the department which reflect changes infederal regulations or state rules; H, P 5--~605.-0-3- (e) Allow a representative ofthe department to audit courses and review exantinations without cost to the department; He --500-1- (fl Provide written notification to the department (it least 10working davs prior to providing any asbestos training courses, including : 

### (1) (-3) Name oftraining provider ; (2) Course(s) to be given; and Location and date(s) of course(s) ; u n Snnc .n3 (g) Make the records retained in accordance with Env-A 1809.03 available to the department upon request ; and (h) Within 20 days of the conclusion ofany approved training, submit a course roster to the department noting:

(1) Name and date(s) ofthe course; and (2) The name, date of birth, and exam gradefor each attendee. Re D-50-05.0- 4 Env-A 1809 .07 Application Processing. (a) The department shallprocess applications in accordance with RSA 541-A:29 . (b) The department shall deny any application that: (1) Does not include the information required by EnvA 1809 .02 and Env-A 1809.03; or (2) Containsfalse orfraudulent information. (c) The department shall notify the applicant of its decision in writing. Ifthe application is denied, the notice shall specify the reason(s)for denial and be sent to the applicant by certified mail . (d) Ifthe applicant wishes to appeal the decision, the applicant shallfile such appealfollowing the procedures set_forth in EnvA 1809 .10 . He o95.0-5

- Env-A 1809.08 Duration and Renewal ofTraining Provider Approvals. (a) Training provider approval shall be effectivefor oneyearfromthe date of issuance as indicated on the written approval . (b) Ifthe trainingprovider wishes to renew theapproval, the training provider shall .

### Added language in bold italics; 29

deleted language 'rae'i 'hi'otigh

(1) Submit a completed application for renewal, no later than 30days prior to the expiration date ofthe current approval, including: a. Information as setforth 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 setforth in Env-A 1809 .02(d), (e), (f), (g), (h), 0), and (k) and Env-A 1809 .04(c), that has changedfrom the original application; and c. Information as setforth in Env-A 1809 .02(d), (e), (fl, (g), (h), (i), (1), and (k) and Env-A 1809

.04(a), (b), (c), (d), and (g)for any newtraining coursesfor which the applicant requests approval andfor which approval was not requested in the original application; (2) Attach any additional information and documentation required by this chapter, including a list ofthe type ofasbestos training courses offered in the pastyear with the number ofstudents that successfully completed the courses; and (3) Applyfor renewal no later than 3years after the expiration date ofthe previous approval . (c) The department shall not accept an application receivedfroma previously-approved training provider whose approval expired more than 3years prior to the date ofthe renewal application, but shall informthe person that ifapproval is desired, a new application shall be submittedpursuant to Env-A 1809

.02. Re n 5005.06Env-A 1809 .09 Suspension, Revocation, or Refusal to Renew Approval as a TraininQProvider. (a) Ifthe department obtains credible information indicating that one or more reasons to suspend or revoke a trainingprovider approval as specified in (i), below, exists, the department shall notify the trainingprovider 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 shallfile a written requestfor an adjudicative hearing if the training provider wishes to contest the proposed action, which date shall be 15 working daysfrom

the date ofthe department's notice. (b) If the department receives a written requestfor an adjudicative hearing in accordance with (a) (3), above, the department shallproceed in accordance with RSA 541-A:31 and Env-C 200as applicable to adjudicative proceedings. (c) If the department does not receive a written requestfor 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 16"' working dayfrom the date ofthe department's notice. (d) The department shall suspend a trainingprovider approval ifthe department determines that one or more reason(s) to suspend or revoke a training provider approval exists but that:

### Added language in hold italics; -10

deleted language

(1) Tite training provider did not act with intent to deceive ; and 

### (2) The defciency(ies) can be corrected so as to con,fornr to arpplicable requirements. (e) Ifthe department suspends a training provider approval, the department shall : (1) Notify the training provider in writing of the speciflc deficiency(ies) ; (2) Specify a reasonable time to correct the defrciency(ies), which shall be determined based on the number and nature of the tic, ficiency(ies) ; and (3) Informthe training provider in the written notice that ifthe deficiencies are not corrected within thespecifeed time, the approval shall be deemed revoked (/) The departnZent shall revoke a training provider approval ifthe 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) can not be correctedso as to conformto applicable requirements. (g) If the department revokes a training provider approval, the department shall notify the training provider in writing ofthe revocation and the reason(s) therefor. (h) If the department obtains credible information indicating that a reason exists to suspend or revoke a trainingprovider approval as specified in (i), below, while an applicationfor renewal ofa training provider approval is pending, the department shall informthe 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./or renewal . (i) A training provider approval shall besuspended or revoked if . (1) The training provider is not conducting training that meets the requirements ofEnv-A 1809 .02 or Env-A 1809

.03 ; or (2) The trainingprovider has failed to comply with EnvA 1809 .06. Env-A 1809

.10 Ayneal . A trainingprovider aggrieved by a department decision madepursuant to Env-A 1809.09 who wishes to appeal the decision shall appeal to the air resources council in accordance with the rules adopted by that council, Env-AC200 . Revise the title ofPARTHe-P 5008 and renumber as Env-A 1810, as follows: PART r'° `~008 Env-A 1810 LICENSINGANDCERTIFICATIONFORASBESTOS ABATEMENT ANDSCHOOL ASBESTOSABATEMENT PLANNING Readopt with amendments He-P 5008.01 and He-P 5008 . 02, eff . 3-23-01 (doc

. #7467), and renumber as Env-A 1810

.O1 and Env-A 1810

. 02, to read asfollows: lie-P 5o09.0rEnvA1810 .01 Applicability. .

### Added language in bold italics; 31

deleted language °' "~~~e' " ''imugh (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 ofschools, or provide services as an asbestos management planner orproject designer to schools, shall apply to the departmentfor certification as either an asbestos inspector, asbestos managementplanner, or as an asbestos project designer. (c) Each individual to whom a certification has been issuedpursuant to this part shall maintain a current training certificate while the certification is in effect. (d) Each individualperforming work at an asbestos abatementproject in New Hampshire, except as exempted under EnvA 1810 .02, shall have in his or her possession at the worksite the certification issued by the department and the initial and current training certificates issued to that individual . ne P 5008.02 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 .41 shall be exemptfrom the requirement to obtain an entity license in accordance with EnvA 1810 .12, provided such individual holds a valid asbestos abatement worker or supervisor certificate issued pursuant to Env-A 1810 .13 or EnvA 1810

.14and complies with EnvA 1805 .07 and 1805

.08(a) and (b) ; (b) Any individualworking only as an asbestos inspector, asbestos management planner, asbestos abatement project designer, or a combination ofthese, shall be exemptfromthe licensing requirements ofEnvA 1810

.12, only if theseservices are notprovided to schools; and (c) A maintenance worker who works in one or more buildings that contain asbestos-containing building materials shall be exemptfromlicensing andcertification requirementsfor asbestos abatement sitesupervisors andworkers provided the maintenance worker shall :

(1) Receive 16 hours of initial training as described in 40 CFR 763.92(a)(1) and (2) ; (2) Receive 4 hours ofrefresher training annually, which refresher courses shall include changes infederal andstate regulations, developments in state-of-the-art procedures, and a reviewofkey aspects ofthe initial training course; and (3) Performonly operations, maintenance, and repair activities that are ofsmall-scale and short-duration as defined in EnvA 1802.54 . Readopt with amendment He-P 5008.03 through He-P 5008 .14, eff . 8-15-97 (doc. #6557), and renumber as Env-A 1810

.03 through Env-A 1810 .17, cited and to read asfollows: LT° 5009.04Env-A 1810 .03 Application Procedures. (a) An individual seeking a certificatefor asbestos abatement or school asbestos abatement planning or a person seeking a licensefor asbestos abatement shall submit a complete application in writing to the department at thefollowing address:

NHDES

### Added language in bold ihrlics; 32



### deleted language ~

Attn: Asbestos Licensing Program P .O . Box 95 

### 29 Hazen Drive Concord, NH03302-0095 (b) A complete application shall include: (1) The iraformation specified in Env-A 1810 .04 and Env-A 1810

.12 through Env-A 1810 .17, as applicable, on an application f)rm obtainedfromthe department; (2) The signature and certfficatlon required by 

### Env-A 1810.05 ; (3) Ifthe applicrrnl is an individual, 2 clear, unmutilated, and unstapled 2-inch bv 2-inch colorphotographs ofthe applicant with the name ofthe applicant printed legibly on the buck of each photograph; (4) Ifthe applicant is an individual, a copy of each dated training certificate which shows the applicant's training lo be current at the time ofapplication; (S) fthe applicant is an entity, a copy of each training certificate held by each responsible person whofulfills the licensing requirement specified in EnvA 1810 .12(b)(4) ; and (6) The appropriate application.fee as setforth in EnvA 1810 .08 . (c) An applicant may submit a combination applicationfor trsbestos inspector, asbestos managementplanner, andproject designer, provided the applicantfulfills the application requirements for each disciplinefor which application is being made and appliesfor the cerlifications at the same time. Any applications receivedseparatelyfrom the same applicant shall be treated as separate applications. Env-A 1810

.04 Information Required forAllApplications. Each applicant shallsupply the following information on the applicationform : (a) The name, mailing address, daytime telephone number, and date ofbirth ofthe applicant; (b) The name, mailing address, and daytime telephone number of the employer or principal place ofbusiness of the applicant; (c) The type of certification being requested; (d) A list ofeach agency that has certified the applicant, ff any, and./or each such agency, the following information:

(1) The name and address ofthe agency that issued the certification; (2) The name, title, and daytime telephone number and, ifavailable, an e-mail address, of the individual at the agency who can be contacted regarding the requirements that must be met in order to receive certificationfrom that agency; (3) The type ofcertification issued ; and

### Added language in bold italics; 33

deleted language qtmeIE-thi-ettgk

(4) The dates ofissuance and expiration ofthe certification; and (c) A list ofall state orfederal enforcement actions against the applicant with regard to asbestos abatement or planning work, ifany, andfor each action, thefollowing information:

(I) (3) The name and address ofthe agency that initiated the enforcement action; (2) The date of the action; Whether the action has been resolved; and (4) Ifthe action has been resolved, when and how the action was resolved. EnvA 1810

.05 Sienature and Certirication Required forApplications. (a) The application shall be signed by: (1) The applicant, ifthe applicant is an individual ; or (2) A responsible person, if the applicant is an entity. (b) The signature ofthe 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; and (3) All information contained in the application, including any supplements attached, is true andcorrect to the best of the knowledge and beliefofthe signor. ~-0*~n7EnvA1810

.06 Requests for Replacement Certificates. 14e P 5g0° . (a) The department shallprovide a replacement certificatefor a certificate that has been lost, destroyed, or stolen, provided the certificate holder submits a requests that is:

(1) (3) In writing; (2) Signed by the certificate holder; Accompanied by 2photographs as specified in Env-A 1810 .03(b)(3) ; (4) Accompanied by the appropriate application fee as setforth in EnvA 1810 . 08(b) (9). 14e P309S:04H)(b)If the certificate holderfinds a certificate that has been replacedpursuant to (a), above, the certificate holder shall return the original certificate to the department. Ne P 505Env-A 1810 .07 RenewalApplication Requirements. (a) An applicationfor renewal ofa license or certification issued under this chapter shall be on a

### Adcled langciage in bold italics; 34

deletecl lailguage form obtainedfromthe department and include: 

### (1) All ofthe information required Gh Env-A 1810.113 and Env-A 1810 .12, Env-A 1810

.13, Env-A 1810

.14, Env-A 18111.15, Env-A 1810 .16, or Env-A 1810.17, as applicable to the license or certificationfor which application is being made; (2) Documentation that annual refresher courses as required by this chapter are current (it the time renewal is sought ; and (3) The appropriate appllcatlonfee as setfortb u? Env-A 1810 .118. 

### (b) Any person holding a license or certiTcation that expired more than 3years prior to the date a renewal application would befiled shall submit a new application pursuant to Env-A 1810 .04 in lieu of an application to renew . (c) Ari applicant may applyfor renewal of combination certifications only if the renewal application is./or the same certifcations 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 applicationsfor renewal of a license or certification more than 60days before expiration ofthe current license or certification. (e) Department action on the renewal application shall be in accordance with RSA 541-A:29 . He D ~-,-- 0o- Env-A 1810.08 Application Fees. (a) A non-refundable application fee in theformof 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 ofNew Hampshire" . (b) Thefeesfor each category oflicense and certification application shall be asfollows: (1) For an asbestos abatement entity, an initial licensingfee of$1,000 and an annual renewalfee of $750

; (2) For an asbestos abatement site supervisor, an initial certificationfee of$200and an annual renewalfee of $200 ; (3) For an asbestos abatement worker, all initial certificationfee of $SOand an annual renewalfee of$50

; (4) For an asbestos inspector, an initial certificationfee of$200and an annual renewal .fee of $200 ; (S) For an asbestos management planner, an initial certification fee of$200and an annual renewalfee of $200

for each annual certification renewal ; (6) For an asbestos project designer, an initial certificationfee of $200and an annual renewalfee of$200

;

### Added language in bold italics; 35

deleted language str-~+e!E--Uh+eugkr

(7) For initial combination certifications, an initial certff7callonfee of $200for thefirst certfication and $50for each additional certification; (8) For annual renewals q/' identical combination certifications, $200 for thefirst certification and $50for each additional certification; and (9) For replacement ofa lost or stolen certificale, afee of $20 . He-P -5898 :A7- Env-A 1810

.09 License and Certification Suspension, Denial, and Revocation. (a) Ifthe 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 ofthe license or certification in writing of

(1) The department's intended action; (2) The reason (s) forthe intended action; and (3) The date by which the holder ofthe license or certification shallfile a written requestfor an adjudicative hearing ifthe holder wishes to contest the proposed action, which date shall be 15working daysfromthe date ofthe department's notice. (b) Ifthe department receives a written requestfor an adjudicative hearing in accordance with (a)(3), above, the department shallproceed in accordance with RSA 541-A:31 and Env-C 200as applicable to adjudicative proceedings. (c) Ifthe department does not receive a written requestfor an adjudicative hearing in accordance with (a) (3), above, the license or certification shall be deemed suspended or revoked, as specified in the notice issuedpursuant to (a), above, as oftlte 16`* working dayfrom the date ofthe department's notice . (d) Thedepartment shall suspend a license or certification iftile 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 conformto applicable requirements. (e) Ifthe department suspends a license or certification, the department shall : (1) Notify the license or certification holder in writing ofthe specific deficiency(ies) ; (2) Specify a reasonable time to correct the deficiency(ies), which shall be determined based on the number and nature ofthe deficiency(ies) ; and (3) Informthe license or certification holder in the written notice that ifthe deficiencies are not corrected within the specified time, the approval shall be deemed revoked. (f) The department shall revoke a license or certification ifthe 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

### Added language in bold italics;

deleted language



### (2) The tit,ficienc~)(ies) can not be corrected so as to conformto applicable requirements. 36

(g) Ifthe department revokes a license or certification, the department shall notify the license or certification holder in writing qfthe revocation and the reason(s) therefor. (k) 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 informthe license or certification holder of the 111fOY111(i11011 1111d 

### offer an opportunity for the license or certification holder to respond to the information prior to a decision being made on the application

### ./or renewal . (i) A license or certificateion shall he denied, suspended or revoked if . (1) The official record ofthe applicant, license holder, or certification holder contains violations .of health andsqfety laws or regulations ofthe United Stales ofAmerica, or any state, which pose a threat to workers or the public; (2) The applicant, license holder, or certification holder has submitted materiallyfalse 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 applicablefederal or state standardfor asbestos projects. Env-A 1810.10 Appeal . A license or certification holder aggrieved by a department decision made pursuant to Env-A 1810.09 who wishes to appeal the decision shall appeal to the air resources council in accordance with the rules adopted by that council, Env-AC200 . -~-~oQ.~08-Env-A 1810 .11 Expirrction. Each license and certification issued under this chapter e n ~ shall expire on the sooner of ., (a) Oneyearfrom

the date ofissuance, unless the license or certification is revokedprior to that date; or (b) The expiration ofthe training certificatefiled with the initial or renewal application. We D ~-i- 0^9-, nv-A 1810 .12 AsbestosAbatement Entity Licensine Reguirements. (a) An asbestos abatement entity shall not engage in any asbestos abatementproject in New Hampshire withoutfirst:

(1) Being licensed to do so under the provisions of this chapter, unless it is exempt as specified in EnvA1810 .02 ; and (2) Being registered and in goodstanding to do business as required by the secretary ofstate . (b) The information required by EnvA 1810 .03(b)(1) froman applicantfor an asbestos

### Added language in bold italics; 37

deleted language st+{+el ` ' abatement entity license shall be as.follows:

(c) (1) A list ofthe names and addresses ofthe responsible person(s) of the applicant, as defined in Env-A 1802

. 50, and all individuals in management of the entity having primary responsibilityfor, and control over, the asbestos abatement work ofthe applicant ; (2) A list ofall names, acronyms, or other identifiers by which tile applicant is or has been known, or under which the applicant does or has done business; (3) A list ofall New

Hampshire-certified asbestos abatement supervisors in the applicant's employ at the time ofapplication; and (4) Documentation that a responsibleperson, as defined in Env-A 1802 .50, andcurrently employed by the entity, has attended and completed an approved training coursefor asbestos abatement contractors and supervisors as outlined in Env-A 1809.03(g) and (i) with a score of 70percent or greater on the required written examination. 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) Retainfor 30years all business andpersonnel recordsfor each asbestos abatement projects which has been performed by the entity in New Hampshire; (3) Notify the department within 30days ofany change in personnel employed by the entity as New Hampshire-certified asbestos abatement supervisors; (4) Ensure that a asbestos abatement supervisor who is certified in accordance with Env-A 1810 .13 andwhose training is current ispresent on-site whenever any asbestos abatement activity is being carried out as part ofan asbestos abatementproject in New Hampshire; (S) Require all employees and contract workers engaged in asbestos abatement activities in New Hampshire to be certified in accordance with the provisions ofthis chapter and to have a current training certificate; (6) Submit documentation ofall employee training upon request ofthe department; (7) Notify the department within 30days of any change in the names or addresses ofany responsible person(s) who work(s) for the licensedentity; and (8) Maintain an accurate list ofthe name ofeach individual entering and exiting an established asbestos abatement containment area. (d) The department shall renewan asbestos abatement entity license annually provided the license holder meets tlze license renewal requirements specified in Env-A 1810 .07, andprovides the following:(1) A current list ofNew Hampshire-certified asbestos abatement supervisors in its employ; (2) A list ofprojects performed by the licensedentity within the last 12 months, which includes the date ofproject, name ofproject owner, contact person, telephone number, and

### Aclcled language in bold italics; 38

deletecl langUagc stimuk'4h+eugh

project supervisor(s) ; and (3) Docuineiztatiori ofattenclcaitce aitd completioii, b>> a resl)oitsible person as defrned irn EirvA 1802 .50and current/v employed by the entity, qfan annual refresher coursefor asbestos abatement contractors and supervisors as outlined in Env-A 1809.03(%), with a score of 70 percent or greater on the required written examination . 

### 1-rTrp,-P -~009 1 4~Env-A 1810

.13 Asbestos Abatement Site-Supervisor Certification Requirements. (a) Except as s/)ecifi"ed ii7 Eizv-A 1810 .02, no iizdividual shall ellgage ln lnty oir-site sllpe/-vlsloll of asbestos abatement workers during an asbestos abatement project in New Hampshire witliout .first being certified as an asbestos abatement supervisor under theprovisions of this chapter. 

### (b) The information required by Env-A 1810.03(b)(1) from an applicantfor certification as an asbestos abatement supervisor shall include documentation that the applicant has:

(1) At least 12 months of asbestos abatement work experience; and (2) Attended and completed an approved training coursefor asbestos abatement contractors and supervisors as outlined in Env-A 1809 .03(g) and (i), with a score of 70percent or greater on the required written examination. (c) The department shall renewan asbestos abatement supervisor certification runnually provided the certificate holder meets the requirementsfor certification renewal specified in Env-A 1810 . 07, and provides thefollowing:

(1) Documentation that the applicant has attended and completed an approved asbestos abatement supervisor annual reviewcourse as outlined in Env-A 1809 .030), with a score of 70percent or greater on the required written examination; and (2) A list ofprojects supervised by the applicant within the last 12 months which includes the date ofproject, name ofproject owner, contact person, and telephone number. He-r D --1TEnv-A 1810

.14 AsbestosAbatement Worker Certiflcation Requirements (a) Except as exempted by Env-A 1810.02, no individual shall performas an asbestos abatement worker in New

Hampshire withoutfirst being certified as an asbestos abatement worker under the provisions ofthis chapter. (b) The information required by EnvA 1810 .03(b)(1) from

an applicantfor certification as an asbestos abatement worker shall include documentation that the applicant has attended and completed an approved training coursefor asbestos abatement workers as outlined in Env-A 1809 .03(g) and (It), with a score of 70percent or greater on the required written examination. (c) The department shall renew an asbestos worker certification annuallyprovided the certificate holder : (1) Meets the requirementsfor certification renewal specified in Env-A 1810 .07; and (2) Provides documentation that the applicant has attended and completed an approved asbestos abatement worker annual reviewcourse as outlined in Env-A 1809 .03(1), with a score

### Added langtiage in hold italics; 39

deleted language st+trek -Nrfet+gh of 70 percent orgreater on the required written examination. He v 5008. 10 Env-A 1810 .15 Asbestos Inspector Certification Requirements (a) No individual shallperformany asbestos inspections ofschools in New Hampshire without first being certified as an asbestos inspector under theprovisions ofthis chapter. (b) The information required by EnvA 1810 .03(b)(1) froman applicantfor certification as an asbestos inspector shall include documentation that the applicant has:

(I) Attended and completed an initial approved training coursefor asbestos inspectors as outlined in Env-A 1809 .03(g) and (h), with a score of 70percent or greater on the required written examination; and (2) Had a minimumof 6 months experience in a comparable occupation or 2 monthsfield experience under the supervision ofa certified asbestos inspector or management planner. (c) The departmentshall renew an asbestos inspector certification annually provided the certificate holder:

(1) Meets the requirementsfor certification renewal specified in EnvA1810 .07; and (2) Provides documentation that the applicant has attended and completed an approved asbestos abatement inspector review training course as outlined in EnvA 1809 .03(j), with a score of 70percent or greater on the required written examination. HeP ;008-12- Env-A 1810

.16 Asbestos ManaQement Planner Requirements. (a) No individual shallfunction as an asbestos managementplannerfor schools in New Hampshire withoutfirst being certified as an asbestos management planner under the provisions of this chapter. (b) The information required by Env-A 1810 .03(b)(1) froman applicantfor certification as an asbestos managementplanner shall include documentation that the applicant has:

(1) Attended and completed an approved asbestos managementplanning training course as outlined in EnvA 1809 .03(g) and (h), with a score of 70percent or greater on the required written examination; (2) A minimum

ofan associate degree or certificate ofcompletion ofa 2 -year programin: a. Projectplanning; b . Management; c. Environmental sciences; d. Engineering; e. Construction;

### Added latlgttabc in bold italics; 40

dclctcd latiguagc s~rtsbk- -trgh



### .f Architecture; 

### h. Industrial hygiene; i. Occupational health, or j . A related scientificfield ; and (3) A minimum

of Gmonths experience in asbestos abatement, including experience in asbestos management, or a combination ofeducation aiid experience equivalent to that minimum

. 

### (c) The departncent shall renew till asbestos managenzent planner certification allizualIV provided the certificate holder:

(1) Meets the requirementsfor certification renewal specifred in Env-A 1810 .07; and (2) Provides documentation that the applicant has attended and completed an approved asbestos managementplanner annual review training course as outlined in Env-A 1809.03(j), with a score of 70percent or greater on the requiredwritten examination. i' A 5004.' ^ Env-A 1810 .17 Asbestos Proiect Designer Renuirements. (a) No individual shallfunction as an asbestos project designerfor schools in New Hampshire withoutfirst being certified as an asbestos project designer under the provisions of this chapter. (b) The information required by Env-A 1810 .03(b)(1) from

an « pplicant,for certification as ran asbestos project designer shall include documentation that the applicant has:

(1) Attended and completed an approved asbestos abatementproject designer course as outlined in Env-A 1809 .03(g) and (i), with a score of 70percent or greater on the required written examination; and (2) One ofthefollowing combinations ofeducation, training, andprofessional registration: a. At least 12 months experience in asbestos abatement and a bachelor's degree in industrial hygiene, occupational health, environmental science, biological or physical science or a closely relatedfield; b . At least 12 months experience in asbestos abatement and registration as a registered architect or registered engineer; or c . At least 2years experience in asbestos abatement including experience in asbestos abatement design. (c) The department shall renew an asbestos abatementproject designer certification annually provided the certificate holder :

(1) Meets the requirementsfor certification renewal specified in Env-A 1810 .07 ; and

### Added language in hold italics; 41

deleted language 'i-iieli 'h"-etigh

(2) Provides 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 70percent or greater on the written examination. Me-P-5898.03-Erzv-A 1810 .18 Reciprocity (a) In accordance with RSA 141-E:11, asbestos abatement site supervisors, workers, inspectors, management planners, andproject designers who have been granted certification by other states, or the EPA, shall be granted reciprocity by the state ofNew Hampshire provided the certification requirements ofsaidstate(s) are substantially equivalent to the provisions ofEnv-A 1810 for the individual discipline certificationfor which application is being made . (b) The applicantfor reciprocity shall : (1) Apply in accordance with Env-A 1810 .03 ; and (2) Fulfill all requirements as specifiedfor the individual discipline certification for which application is being made. He-P 50o8-04-(c) The department shall act on the application in accordance with RSA 541-A:29 . Readopt with amendments He-P 5011 .01 through He-P 5011 .08, effective 3-23-01 (Document #7467), and renumber as Env-A 1811 .01 through Env-A 1811 .08, to read as follows: PART Env-A 1811 LICENSING ;ASBESTOS DISPOSAL SITE CONTRACTORS ReP50z-1,o~ Env-A I811.01 Purpose. The purpose of this part is to implement theprovisions of RSA 141-E:10 that require contractors, employers, includingself-employed individuals, and other individuals that disturb asbestos at asbestos disposal sites to be licensed . ne P 5o11 .0zEnvA 1811 .02 Applicability. Except as specified in EnvA1811 .03, any contractor, employer, or individual that disturbs asbestos at an asbestos disposal site shall hold a valid license issuedpursuant to this part. lie D 53- EnvA1811 .03 Exemptions. Thefollowing individuals who disturb asbestos at asbestos disposal sites shall not be required to hold a license issuedpursuant to this part: (a) Individuals identified in RSA 141-E:10, I(a), namely, individuals certifiedpursuant to Env-A 1812 whoperformthe workfor a contractor, employer, or other individual holding a valid license issued pursuant to this part; (b) The owner ofa singlefamily, owner-occupiedproperty who, on saidproperty only, personally performs the work, subject to the following conditions:

(1) The owner shall be trained andcertifiedpursuant to Env-A 1812; and (2) The workshall be done in a manner thatprevents the release of asbestosfibers and in accordance with otherfederal, 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 ofasbestos at

### 42

Added language in hold italics; clcletccl language st+t+~I-hr<>uo 

### an asbestos disposal site, subject to thefollowing conditions:

(1) The entity or individual shall not be under license suspension or revocation pursuant to these ,rules; (2) The quantity ofmaterial disturbed slzall not exceed one cubicfool ; (3) The area of disturbance shall not exceed 3 squarefeet; (4) The work shall be completed within 2 hours ofbeing initiated; ./ore the (S) The enti~y or individual shall assure that the local health officer is notified he work commences and that the local health officer and 16e department are provided access to the work site./or inspection; (G) The work shall be done in a manner that prevents the release of ashestosfbers and in accordance with otherfederal, 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 beingsegmented into small-scale, short-duration tasks; and (d) Entities and individuals removing non-friable asbestos onlyfrom the groundsurface to a containerfor disposal, subject to thefollowing conditions:

(1) The activity shall not involve excavation below the ground surface; (2) The activity shall not involve contact withfriable asbestos or asbestos that exhibits friable characteristics; and (3) The work shall be done in a manner that prevents the release ofasbestos fibers and in accordance with otherfederal, state, and local requirements, including the requirements identified in Env-A 1801 .01(b) . He D c-,^r Env-A 1811 .04 Applications for Licensure. (a) Each entity and individuals seeking a license to disturb asbestos at an asbestos disposal site shall apply in writing to the department, on aformobtainedfrom the department. (b) Pie applicant shall provide thefollowing information: (1) The applicant's name, mailing address, and daytime telephone number; (2) Whether the applicant is an individual or an entity, and, ifan entity, whetIier the applicant is a corporation, partnership, political subdivision, or other kind of association or organization; (3) Ifthe applicant is an individual, the applicant's date of birth; (4) If the applicant is an entity, the applicant's legal name, state of incorporation or formation, as applicable, and address ofits principal place of business;

### Added language in bold italics; 43

deleted language '-ae' " 'h"~^aT''

(S) Ifthe applicant is an entity, thenfor each of its responsible persons, the individual's: a. Name andtitle; b. Date of birth; and c. Address; (6) The name, title, mailing address, and daytime telephone number ofthe individual affiliatedwith and designated by the applicant to be contacted regarding the application; (7) The name of each responsibleperson whofulfills the licensing requirement specified in Env-A 1811 .08(b), plus thefollowing additional information about each such individual : a. Title andprincipal duties; b . Mailing address; c . Telephone number; d. Date ofbirth; and e. Current certificate number; (8) Identification ofall certifications and licenses, both past andpresent, issued to the applicantpursuant to He-P 5008, He-P 5011, Env-A 1810, or Env-A 1811 ; (9) A list ofall state orfederal enforcement actions, both past andpending, against the applicant, including its responsible persons, with regard to environmental, health or safety activities, and tlae current status ofeach such enforcement action; (10) A list ofall individuals currently employed or otherwise associated with the applicant who, under the authority ofthe applicant's license, if issued, willperform work relating to the disturbance ofasbestos at asbestos disposal sites, including thefollowing information about each individual : a. Name; b. Date ofbirth; c. Position title; d . Business mailing address; e . Business telephone number; f. Ifthe individual is certifiedpursuant to Env-A 1812, tile certificate number and expiration date; g . Ifthe individual is not certifiedpursuant to Env-A 1812, the date applicationfor

### Added language W bold italics; 44 dclet.cd languagc s~+t+sk-ih11ottth

certificrrtion was or will be rntade, and the dale training in accordanee wilh Env-A 1813 was or will be obtained; and 

### h. 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 .1211, or both. (c) The application shall be dated and signed as specified in Env-A 1810 .05 by the applicant and each responsible person whofidfills the licensing requirement specified in Env-A 1811 .08(b) . (d) An application.fee of $250shall «ccompar~), each application ./or licensure. Payn~ent shall be in the formof cash, contpany~check, certified check, or money order. A company check, ~certified check, or money order shall be made p~ryable lo "Treasurer, State ofNeiv Hampshire ". . ti n cn14 .0

- s Env-A 1811.05 Review and Decision. (a) Applications shall be reviewed by the department in accordance with RSA 541-A:29. (b) The department shall deny an applicationfor licensure ifthe applicant : (1) Submits incomplete information in the application, and has not corrected the omission despite notification pursuant to RSA 541-A:29, I ; (2) Submits nzaterial information in the application that is false or misleading; (3) Does not meet the requirementsfor licensure specified in Env-A 1811 .08; (4) Holds a license or certification that is currently under suspension or that has been revokedpursuant to this chapter or He-P5000 ; (S) Meets any of the criteriafor denying a license application specified in Env-C209 .02; or (6) Has a performance history, including violations by the applicant or its responsible persons ofany state orfederal environmental, health, or safety requirement that relates to the type ofworkfor 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 writingfor the type ofwork the applicant is qualified to perform ; (2) Be dated and signed by the commissioner or the commissioner's designee; (3) Be validfor a period of12 monthsfrom the date ofissuance; (4) Include the name and address of the applicant; (5) Include such terms and conditions as necessary toprotect public health, safety, and the environment; (6) Bear a unique identification number; and

### Added language in bold italics; 45

deleted language sti-uel,, flii-etigli

(7) Be non-trairsferable. (d) Issuance of a license shall not relieve the license holder, including its responsible persons, of the obligation to comply with any otherfederal, state, or local requirements, including any other obligationfor obtaining licenses, permits, training, or other approvalsfor the work to be performed. He-°5o7T .oo Env-A 1811 .06 License Suspension and Revocation. (a) The department shall initiate an action lo revoke or suspend a license issuedpursuant to this part in accordance with RSA 541-A:30 and the applicable provisions ofEnv-C 200 . (b) The department shall revoke a license ifgood cause exists to suspend or revoke the license, as provided by (d) below

; and (1) The underlyingproblem(s) cannot be corrected or eliminated ; or (2) The underlyingproblem(s) were created by the license holder knowingly or intentionally. (c) The department shall suspend a license ifgood 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 underlying problem(s) were not created knowingly or intentionally by the license holder. (d) Good cause to suspend or revoke a license shall exist ifthe license holder : (1) r' ° fie°_-s°'-o'''°r eObtained the license based onfalse or misleading material information; (2) Violated the safe workpractices prescribed instate andfederal asbestos regulations; (3) Hasfailed to comply with an order ofabatement issuedpursuant to RSA 141-E:14; (4) Meets any ofthe criteriafor suspending, revoking, or refusing to renew a license application specified in Env-C209 .03; (S) Hasfailed 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 ofany state orfederal environmental, health, or safety requirement that relates to tile type ofworkfor which licensure is sought, that causes the department to conclude that the applicant will not be able to comply with these rules. H° P SG 1811 .07 License Renewal . (a) A license holder wishing to renewan expiring license shall apply in writing on aform obtainedfrom

the department that includes thefollowing information:

### Added language in bold italics; 46

cleleted language .,t,UG,~tIIR-atte,l1

(1) All application information required in Emv-A 1811 .04(b) ; 

### (2) T/te license rtuntber auzd issue tlate ofthe trpplicarnt's expirircg 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 propertp owner; c. Project start date; rL Project status; e . Project contact person and telephone number ; and .f . Project site supervisor. (b) The application to renew an expiring license shall be dated andsigned as specified in Env-A 1810 .05 by the applicant and each responsible personfulfilling the licensing requirement specified in Env-A 1811.08(b) . (c) An applicationfee of $250shall accompany each application. Payment shall be in theform ofcash, company check, certified check, or money order. A company check, certified check or money order shall be made payable to "Treasurer, State ofNew Hampshire". (d) An application to renew an expiring license shall be submitted to the department no more than 60days prior to the license expiration (late. (e) The department shallprocess applications to renewan expiring license in accordance with Env-A 1811 .05

. (f) An expiring license that is under suspension shall not be renewed before all terms and conditions ofthe suspension have beenfully satisfied _R 50--14- .o&EnvA 1811 .08 Requirements for Licensure. (a) License holders shall be registered and in good standing to do business in New Hampshire, as required by the secretary ofstate. (b) License holders shall have at least one responsibleperson who is actively involved with decisions regarding the license and related matters, and is certifiedpursuant to Env-A 1812 . (c) License holders shall not undertake any work under the authority ofthe 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 ofa competent person as specified in 29 CFR 1926 .1101 or an on-site supervisor as specified in 29 CFR 1910 .120, or both;

### Added language in bold italics; 47

deleted language sti-tiek through

(2) The work is performed by individuals who hold a valid certificate issued pursuant to Env-A 1812 and are competent lo performthe work; (3) At the work site, the number ofworkers who are certified as workers-in-training pursuant to EnvA 1812 does not exceed 2 limes the number ofworkers who are certified as experienced workers pursuant to Env-A 1812 ; (4) The license or a certified copy thereofis posted at a conspicuous location at the work site where site conditions do not requirepersonalprotective equipment to be worn by those present; (S) The certificates, or copies thereof, of all workers present at the work site are availablefor inspection by the department and the local health officer at a conspicuous location at the work site where site conditions do not require personalprotective equipment to be worn by those present; and (6) A current copy ofEnvA1801, Env-A 1802, Env-A 1811, EnvA1812, and EnvA 1813 is availablefor reference by workers at a conspicuous location at the work site where site conditions do not requirepersonalprotective equipment to be worn by those present. (d) License holders shall maintain business andpersonnel records in conformance witlifederal requirements, including but not limited to:

(1) 

## 29 CFR 1926

.1101(n) ; (2) 29 CFR 1910

.1001(m) ; and (3) 29 CFR 1910

.1020 . Readopt with amendments He-P 5012.01 through He-P 5012.10, effective 3-23-01 (Document #7467), and renumber as Env-A 1812.01 through Env-A 1812.10, to read as follows: PART He-P ~~r EnvA 1812 CERTIFICATIONOFASBESTOS DISPOSAL SITE WORKERS 14o Pcn i 2,ni Env-A 1812 .01 Purpose. The purpose ofthe rules in thispart is to implement the provisions in RSA 141-E:11 that require individuals who disturb asbestos at asbestos disposal sites to be trained and certified

. He-g-5012.02- F, v-A 1812 .02 Applicability
. Except as specified in Env-A 1812 .03, any individual who disturbs asbestos at asbestos disposal sites shall hold a validcertificate issuedpursuant to this part. He-P 50 12,0TEnvA 1812 .03 E xemptions. (a) An individual shall not be required to hold a validcertificate issuedpursuant to this part in order to undertake a small-scale, short-duration disturbance of asbestos at an asbestos disposal site, subject to thefollowing 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;

### Adclcd laiiguage in bold italics;

deleted language ~-t~t+c~-tl~+c>t+9k

(3) The area of'rlisturhrnzce slrall not exceed 3sqrrarefeet; 

### (4,) The work shall be completed within 2 hours qf being initiated ; 48

(5) The individualperforming the work shall assure that the local health officer is notified bcfore the work commences and that the local health officer and the department are provided access to the work sitefor inspection; (6) The work shall he done in a manner thatprevents the release ofasbestos.fibers and in accordance with otberfederal, state, and local requirements, including those identified ill Env-A 1801 .01(b) ; and 

### (7) The work shall not be part qf a larger project that is being segmented into small-scale, short-duration tasks. (h) An individual shall not be required to hold a valid certificate issued pursuant to this part in

.friable asbestos onlyfrom the ground surface to a containerfor disposal, subject to order to remove nonthefollowing conditions:

(1) The activity shall not involve excavation below the groundsurface; (2) The activity shall not involve contact withfriable asbestos or asbestos that exhibits friable characteristics; and (3) Tile work shall be done in a manner that prevents the release qfasbestosfibers and in accordance with otherfederal, state, and local requirements, including those identified in Env-A 1801 .01(b) . lie-D 5012.04-Env-A 1812.04 Application for Certification. Thefollowing provisions shall apply to individuals seeking certificationfor thefirst time, individuals seeking re-certification more than one year after their most recent certification has expired, and individuals seeking re-certification after their most recent certification has been revoked: (a) An individual seeking certification to disturb asbestos at an asbestos disposal site shall apply in writing to the department on aformobtainedfrom the department; (b) The application shall include thefollowing: (1) Name, mailing address, daytime telephone number, and date of birth of the applicant; (2) Name, address, and daytime telephone number ofeach entity or individual licensed, or to be licensedpursuant to Env-A 1811, with whom the applicant is currently employed or otherwise associatedfor theperformance ofwork involving the disturbance ofasbestos at asbestos disposal sites; (3) A list ofall state orfederal enforcement actions, both past andpending, against tile applicant with regard to environmental, health or safety activities, and the current status of each such enforcement action; (4) Identification ofall certifications and licenses, both past andpresent, issued to tite

### Added language in bold italics; 49

deleted language ^'nie' " 'h"~au«h

applicant pursuant to He-P 5008, He-P 5011, He-P 51112, Env-A 1810, Env-A 1811, or Env-A 1812, and the current status of each; (5) Whether the applicant is seeking certification as an experienced worker or a worker-intraining, 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'sface, with the name ofthe 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 training provider(s) under the penalties of RSA 641 :3, showing that the applicant attended and completed basic training in accordance with Env-A 1813

; b. Astatement by the applicant attesting that he/she has read and comprehends all information as required by EnvA 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 EnvA 1813.03(c) ; and d. A work experience record, signed under the penalties ofRSA 641 :3 by the work supervisor(s), documenting the number ofhours theapplicant has engaged successfully in the disturbance of asbestos at asbestos disposal sites pursuant to the requirements in EnvA1812

.08(b) . (c) The application shall be dated and signed as specified in Env-A 1810 .05 . (d) An applicationfee of $50shall accompany each application. Payment shall be in theform of cash, company check, certified check, or money order. A company check, certified check or money order shall be made payable to "Treasurer, State ofNew Hampshire" . ue n cn, 2.nc EnvA 1812 .05 Review

and Decision. (a) (b) Applications shall be reviewed by the department in accordance with RSA 541-A:29 . The department shall deny an application if (1) The applicant submits incomplete information in the application and has not corrected the omission despite notification pursuant to RSA 541-A:29, I ; (2) The applicant submits material information in the application that isfalse or misleading; (3) The applicant does not meet the requirementsfor certification specified in EnvA 1812 .08; (4) The applicant holds a license or certification that is currently under suspension or that has been revokedpursuant to this chapter or He-P 5000 ; or (5) The department concludes, based on the applicant's performance history, including

### Adclcd languagc in bold italics; 50

dclcted language st+-E+c,=kt{~h~~



### (c) violations of any state orfederal environmental, health, or safety requirement that relates to the tipe ofworkfor which Iicet7sure is sought, that causes the department to conclude that the applicant will not he able to comply with these rules. Certification shall : (1) Be issued in writingfor the type ofwork the «pplicant 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 commissioners designee; 

### (3) Be valid.far a period of12 nzontlts.J'ront the date ofissuance; (4) Include the name, address, date of birth, and photograph uf the certificate holder; (S) Include such terms andconditions necessarv to protectpublic health, sqfefy andthe environment; 

### (6) Bear a unique identification number; and (7) Be non-transferable. (d) Issuance ofa certification shall not eliminate any obligation of the certificate holder to comply with any otherfederal, state, or local requirementsfor the performance ofthe work, including any obligation to obtain additional training and certifications, licenses, permits, or other approvals. We n cn,2.n6 Env-A 1812 .06 Suspension and Revocation. (a) The department shall initiate an action to revoke or suspend a certification issuedpursuant to thispart in accordance with RSA 541-A:30 and the applicable provisions ofEnv-C200 . (b) The department shall revoke a certification ifgood 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 tite certificate holder knowingly or intentionally. (c) The department shall suspend a certification ifgood 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 certificateion shall exist if the certificate holder:

### Added language hi bold italics; 51

deleted language ' "~~~ek '""et"g''

(1) Obtained the certification based onfalse or misleading material information; (2) Cheated on the examination; (3) Violated the safe work practices prescribed in state andfederal asbestos regulations; (4) Hasfailed to comply with an order ofabatement issuedpursuant to RSA 141-E:14; (S) Meets any ofthe criteriafor suspending, revoking, or refusing to renew a certification application specified in Env-C 209 .03 ; (6) Hasfailed to comply with these rules or the terms and conditions ofthe certification; or (7) Has a performance history, including violations ofanystate orfederal environmental, health, or safety requirement that relates to the type ofworkfor which certification is sought, that causes the department to conclude that the applicant will not be able to comply with these rules. rT n c0i ~ n

~

~ 

### Erav-A 1812

.07 Certification Renewal . -wr ~

o R e 

### (a) A certificate holder wishing to renew an expiring certification or a certification that has been expiredfor less than oneyear, shall apply in writing to the department, on aform obtainedfrom

the department, that includes thefollowing information:

(1) All application information required in Env-A 1812 .04 (b)(1) - (6) ; (2) The certificate number and issue date ofthe applicant's expiring or expiredcertificate; (3) A list ofasbestos 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 ofthe license holderfor whom the certificate holder performed the work; d. The name, address, and telephone number ofthe project site supervisor; e. The date the project commenced and the date the project was completed ; and f . The nature ofthe workperformed (4) A statement by the applicant attesting that-the annual refresher training requirements specified in EnvA1813 .05 have been satisfied; (S) Atest score report issued by the department showing the date and results ofan examination taken by the applicant in accordance with EnvA 1813 .03(c) ; and

### Added languagc in hold italics; 52

dclctcd latiguagc stm&lc44vi+)t+,44

(6) Y

'seeking to have the certlflcalelon upgrlldell,froni a worker-in-training certlficatioll to (in experienced worker cer/lffcatlon, the infi)rlnation specifr'ed ill Env-A 1812 .10(a)(2) and (

.3) . 

### (b) Alr application to renewall expiring certification shall be dated and signed as SfIecIJied in Env-A 1810

.05 by the applicant. (c) Alr applicationfee of$SOshall accompany each application. Payment shall be in the formof' cash, company check, certified check, or money order. A company check, certified check or molle~~ order shall be made payable to "Treasurer, State ofNew Hampshire (d) Applications to renewan expiring certification sball be suhnritled to the department no less than 45 days and no more than 60 days prior to the expiration date ofthe certification. (e) Applications to rerzewarr expirilzg certificatiolr shall be processed in accordance rt,ith Env-A 1812. 05 . (f) An expiring certification that is undersuspension shall not be renewed before all terms and conditions of the suspension are,fully satisfied . He P 50'~''.-o9-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 documentpublished by the department in May 2000, titled: Guidancefor ManagingAsbestos Disposal Sites; and (3) Scored 70percent 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 follows: (1) Experienced workers shall be those individuals who havesuccessfully performed at least

40 hours ofwork involving the disturbance of asbestos at asbestos disposal sites according to thefollowing: a. For work experience accrued on or after May 22, 2001, the individual shall have performed the work under the supervision ofan individual who is certified as all experienced workerpursuant to these rules and who meets the requirements qf either a competentperson as defined in 29 CFR 1926 .1101 or an on-site supervisor as defined in 29 CFR 1910

.120, or both. ; and b . For work experience accrued before May 22, 2001, the individual shall have performed the work either: 1. As a competentperson as specified in 29 CFR 1926 .1101 or as an on-site supervisor as defined in 29 CFR 1910 .120, or both; or 2 . Under the supervision of a competent personas specified in 29 CFR 1926 .1101

### Added language in hold italics; 53

deleted language st+tiek flif'etgh

or an on-site supervisor as specified in 29 CFR 1910.120, or both; and (2) Workers-in-training shall be those individuals who have notyet met the experienced worker requirements specified in (1) above. He-,° 5012.09- Env-A 1812 .09 Limitations. Individuals certifiedpursuant 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 licensedpursuant to EnvA 1811, unless the work is license-exempt workpursuant to Env-A 1811 .03. He D c-,&-Env-A 1812 .10 I_Ipnrading a Worker-in-Trainitze Certircation. (a) The department shall upgrade a current worker-in-training certification to an experienced worker certification following receipt of a written request by the certificate holder that includes the following information:

(1) The certificate holder's name, mailing address, date ofbirth, daytime telephone number, and certificate number; (2) A written record, dated andsigned as specified in EnvA 1810 .05 by the individual(s) who supervised the work, documenting that the certificate holder has successfully completed at least 40 hours ofwork involving the disturbance of asbestos at asbestos disposal sites, as required by EnvA 1812 .08(b) ; and (3) A statement, dated andsigned as specified in Env-A 1810 .05 by the individual(s) who supervised the work, attesting that the certificate holder is competent in the performance of his/her certification-related duties. (b) The certification upgrade shall be issued in writing to the applicant. Readopt with amendments He-P 5013.01 through He-P 5013.06, effective 3-23-O1 (Document #7467), and renumber as Env-A 1813.01 through Env-A 1813.06, to read as follows: PART EnvA 1813 TRAINING REQUIREMENTS FOR CERTIFIEDASBESTOS DISPOSAL SITE WORKERS D Sr EnvA 1813.01 Purpose. (a) The purpose ofthis part is to establish the scope oftraining required to obtain and renewa 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 requirementsfor working with asbestos, including, as applicable:

(1) 29 CFR 1926

.1101 ; (2) 29 CFR 1910

.120 ; and (3) 40CFR 763.

### Addcd language in bold italics; 54

deleted langciagc stMc-I4,-tl1r-et+g41 P e -;?50t142 Env-A lb'13.112 Applicability . The rides in thispart sball tipply to all individrraLc seeking certification pursuant to Env-A 1812.



### 11 cr~~3.03- Env-A 1813 .03 Training Requirements (a) Tbefollowing individuals shall be trainedpursuant to the basic training program requirements in Env-A 1813 .04prior to applyingfor a certification pursuant to Env-A 1812: (1) Individuals not previously certifiedpursuant to Env-A 1812; (2) Individuals holding a certificale issuedpursuant to Env-A 1812 that has been expiredfor over one year before the date an application./or renewal is subiaiitted pursuant to Env-A 1812 ; (3) Individuals holding a certificate that has been revoked pursuant to He-P 5012 or Env-A 1812 ; and (4) Individuals wishing to obtain certification who havefailed the post-training examination, as provided in Env-A 1813 .06, 3 consecutive times. (b) Thefollowing individuals shall satisfy the annual refresher training requirements in Env-A 1813.05prior to applyingfor certification renewalpursuant to Env-A 1812 : (1) Individuals holding an expiring certificate issuedpursuant to Env-A 1812 ; and (2) Individuals holding a certificate issuedpursuant to EnvA 1812 that has been expirerl_for one year or less before the date an application for renewal is submittedpursuant 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 . u n c0, Z ,nn Ercv-A 1813 .04 Basic Training Prof,,ram . (a) Basic training shall be obtained through a program, or combination ofprograms, that covers no less than thefollowing topics through a combination oflecture, interactive presentation, and handson 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 informationfor smoking cessation; (4) Relevantfederal, state, and local regulations, including Env-Sw 2100 ; (S) Personalprotective equipment; (6) Medical monitoring;

### Added language iii bold italics; 55

deleted language , ... .~~, d, ..e, .,-h

(7) State ofthe art work practicesfor disturbing asbestos at asbestos disposal sites, including: a. Site characterization; h . Site control andsite security; c. Neighborhoodprotection; tl. Air monitoring and asbestosfiber control ; e. Cut andfill techniques; f g. Bulk containment, transportation, anddisposal ofasbestos waste; Decontamination proceduresforpersonnel 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 managementpracticesfor maintaining closedsites and protecting public health. (b) The basic trainingprogram shall be taught using a combination oflecture, interactive presentation, and hands-on activity. He P 5013.05 Env-A 1813 .05 Annual Refresher TraininQ . (a) Annual refresher training shall be self-administered by the certificate holder. (b) Annual refresher training shall include thefollowing: (1) Reviewofwritten materials and other information obtained during basic training; (2) Reviewofthe documentpublished by the department in May, 2000, titled Guidancefor ManagingAsbestos Disposal Sites; and (3) Review

ofcurrent and relevantfederal, state, and local regulations, including these rules. m . D 5 o-Env-A 1813 .06 Post-Training Examinations. (a) Examinations requiredpursuant 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 .

### Addcd languagc in bold italics; 56

dcletcd languagc 4+t+elrthMW,41

(1) The information covered by the brrsic training progrrrm ; 

### (2) The document published by the department in May, 2000, tilled Guitlance,for Managing Asbestos Disposal Sites; and (_3) Current and relevantfederal, state and local regulations. (d) The rlcp(irtnrent shall administer the examination orall)~ ~ to any individual who so requests till oral examination due to « reading rlifTcully. (e) A passing score o» the examination shall be 70percent or greater. (f) To obtain a passing score, all individual shall be ullowed to retake the required examination up to 3 times befi)re having to re-attend basic training. (g) The department shall report the examination score to the exaazinee in writing. Readopt with amendment He-P 5010.01 through He-P 5010.03, effective 3-23-01 (Document #7467), and renumber as Env-A 1814.01 through Env-A 1814.05, to read as follows : PART Env-A 1814 WAIVERS FROM LICENSURE RULES Env-A 1814

.01 Purpose. The rules applicable to asbestos licensure are intended to apphy to a variety qfsituations. It is recognized that strict compliance with all such rules proscribed may cause hardship or notfit every conceivable situation. Pursuant to RSA 541-A:22, IV, the department establishes these procedures and criteria to accommodate those situations wherestrict adherence would not be in the best interest ofthe public. T~ D 5--r- "- Errv-A 1814 .02 Procedures for Reguestink), a Waiver. (a) Anyperson who is or would be directly affected by the strict application of a rule ill EllvA 1810, Env-A 1811, EnvA 1812, or EnvA 1813 may request a waiver thereof . (b) Each requestfor a rule waiver shall be in writing. (c) Each requestfor a rule waiver shall include the information specified in EnvA 1814 .03 . Env-A 1814

.03 Content and Format ofRequests (a) The person requesting the rule waiver shallprovide thefollowing information: (1) The name, address, and daytime telephone number ofthe person requesting file waiver; (2) Identification ofthe specific rule(s) fromwhich the applicant is seeking a waiver; (3) The period oftime during which the applicant wishes the waiver to be effective; (4) A description ofthe 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 specificproject(s) ;

### Added language in bold italics; 57

deleted language sTri*ek-flrt~et+gh

(S) A full explanation ofwhy the waiver is necessary, including an explanation of'the hardship that would be caused by having to comply with the rule; (6) Afull explanation, with supporting data, ofthe alternative(s), ifany, that the applicant proposes to use in lieu ofcomplying 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 ofRSA 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 andfederal enforcement actions, both past andpending, against the applicant, including responsible persons in its employ, with regard to environmental, health or safety activities, and the current status ofeach such enforcement action. (b) Each requestfor waiver shall be dated and signed by the applicant. (c) The signature shall constitute certification that: (1) All information therein is true, complete, and not misleading to the knowledge and belief ofthe signor; and (2) The signor understands that any waiver granted based onfalse, incomplete, or misleading information shall be subject to revocation. Re n 501 0.03

- A 1814

.04 Criteria for Granting a Waiver. (a) Subject to (b), below, the department shall grant a requestfor 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 ofthe state ofNew Hampshire; and (2) One or more ofthefollowing conditions will be satisfied: a. Granting the request is consistent with the purpose and intent ofthe rule being waived ; or b. Strict compliance with the rule willprovide 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) Afederal or state statutory requirement, unless the statute specifically allowsfor a waiver; or 

### (2) Afederal or state constitutional requirement. Env-A 1814.05 Decisions. (a) The department shall notify the person requesting the waiver ofthe decision in writing te-

### Added 1an6uage in hold italics; 58

dcleted language ~vl~t-I~+~t+~l} (b) A notice of deuial shall slate clearlp the reasorr(s) for denial . (c) A notice ofapprovalshall include the terms and conditions under which the waiver is granted, including the ef/ective date and expiration date.NEW HAMPSHIRE CODE OF ADMINISTRATIVE RULES CHAPTER Env-A 1800 ASBESTOS MANAGEMENT AND CONTROL Statutory Authority: RSA 141-E:4, 1 and ll REVISION NOTE: 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-11 5000 had been transferred to the Department of Environmental Services by 2008, 249:28, effective 9-12-05. Document #9298 supersedes 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-I-97. The filings prior to Document #9238 affecting rules numbered He-P 5000 and Env-A 1800 include the following documents : He-P 5000 #4269, eff 6-24-87 #4951, eff 10-11-90 45982, 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-C400) #8304, eff 3-15-05 PART Env-A 1801 PURPOSE AND SCOPE Env-A 1801 .01 Purpose. (a) The purpose of this chapter is to protect the health ofthe 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 CFR763. Source. (See Revision Note at chapter heading for Env-A 1800) #9298, eff 10-21-08 1 Env-A 1800NI ;WI IAMPSI IIRI? C()UE OF AUMINIS'I'RA'I'IVI? RUI,I?S

1'n%-n 1801 .02 Applicability, Subjcct lo I!nv-A 1801 .03, this chapter shall apply to the liillowing pcrsonti, facilities, and activitics: (n) Any pcrwn who owns or opcratcs any fncilily that has regulated ashcstos-containing material (Rn('M) on the prcmiscs; (h) An), pcrson involved in asbestos abatement activities, including analytical laboratories, consullantti, ashcslos ,ihalement contractors, and asbestos abatement workers: (c) AnNsotnrce, other than an inactive waste disposal site that ceased operating by July 10, 1981, tiuhject to 40 ('FR GI, Subpart M ; (d) Any structure, installation, or building previously subject to this chapter, regardless of its current use or fiinction; (c) I'r;unin) ; . licen`urc, and ccrtilic,Uion of' pci :tions who cnpag-!c in : ( I ) Ashcslos <ibntcmcnt activities, as dclincd by RSA 14 I-1 ; :2, Il ; (2) School asbeslos abatemcnt planning activities, as deliikxl by IZSn Id I-1 :2, Vlll ; and (3) Activities involving the disturbance of ashestos at asbestos disposal sites as defined by RSA 141-1 ; :2, III ; und (1) Provisions for inspection, compliance monitoring, and crif'orcenicrit by the department . Source. (See Revision Note at chapter heading for HMv-A 1800) #9298, eff 10-21-08 I ;nv-n 1801 .01 Homeowners . (a) The owner of a private, single-family residence occupied by the owner who performs asbestos abatcmcnt activities on that residence shall not be subject to Env-A 1800, except as noted in (b), below, provided: ( I ) I'he owner personally pcribrms the work; and

(2) The work is not done within 6 months of selling the home. (b) The owncr of ~t private, single-family residence occupied by the owner who perlbrms asbestos abatement activities on that residence shall comply with Env-A 1805.07 and Env-A 1805.08(a) and (b) . Source. (See Revision Note at chapter heading for Env-A 1800) #9298, eff 10-21-08 PARF I?nv-A 1802 DEFINITIONS I ;nv-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 ofasbestos

. Source . (See Revision Note at chapter heading for Env-A 1800) #9298, eff 10-21-08

2 Env-A 1800NEW HAMPSHIRE CODE OF ADMINISTRATIVE RULES Env-A 1802.02 "Amended water" means water to which a chemical wetting agent has been added to improve penetration. Source. (See Revision Note at chapter heading ('or Env-A 1800) #9298, eff 10-21-08 Env-A 1802.03 "Analytical service" means any firmor individual who analyzes bulk or air samples in order to determine asbestos content, asbestos fiber counting or total fiber counting. Source. (See Revision Note at chapter heading for Env-A 1800) 49298, eff 10-21-08 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 programwhich itself is accredited by the EPA, or by the department . Source. (See Revision Note at chapter heading for Env-A 1800) #9298, eff 10-21-08 Env-A 1802.05 "Asbestos" means "asbestos" as defined in RSA 141-E:2, 1, namely "amosite, chrysotile, crocidolite, or asbestiformtremolite, actinolite, or anthophyllite." Source. (See Revision Note at chapter heading for Env-A 1800) #9298. eff 10-21-08 Env-A 1802.06 "Asbestos abatement" means "asbestos abatement" as defined in RSA 141-E :2, 11, namely "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 with or containing RACM ; (d) The removal or stripping of RACM fromstructural 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 offiber release fromdamaged 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

." Source. (See Revision Note at chapter heading for Env-A 1800) #9298, eff 10-21-08

3 Env-A 1800NI',WI [AM PS[ IIRI? ('()UI{ UI AI)MINIS'fRAI'IVH RIJI,I ;S

I!nv-A 1802.t)7 "Asbestos ahalement entity" mcans any Icgnl ent6. including but not tinlited to ally husiness concern, governmcnlal unit or subunit . religious or tiucial organization, or union, that has at Ic;tsl cmc oflicer, cmployce, or memhur invulved in omy mejor or minor cisbestos ohnlement project . Source. (See Itcvision Note al chapter hc,iding Ibr I?nv-A 1800) 119298, c11' 10-21-08 I{nv-A 1802.08 "Asbestos abatement project designer" mcans an individual who is certified pursunill to RtiA Id1-I? II lo: (it) Conduct . plan, design, and develop procedures for asbestos abatement projccts; or (h) Provide other substantive direction or criteria for asbestos abatcmcnt pro,jects. Source. (See Revision Note al chapter heading lot- Friv-A 1800) 119298, e11' 10-2 1-08 ;nn-A 1802 .09 "Ashestos abatement supervisor" rne,ins an individual who is ccrtilicd pursuant to I!nv-A 1810.13 to dirccl and control the asbestos abatemcnt work o1'~in asbcstus abatement workcr. Source. (See Revision Note al chapter hcading lur I?nv-A 1800) #9298, cfl" 10-21-08 I?nv-n 1802.10 "Asbestos ahatemcnt worker" mcans an individual who is certi(icd pursuant to I!nv-A 1810.I~l to perliirm ashestos abatement work under the supervision of'an asbestos abatement supervisor . Source . (See Revision Note at chapter heading lior Env-A 1800) tt9298, cff 10-21-08 linv-A 1902.11 "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 librous or non-librous materials. Source. (See Revision Note at chapter heading for Env-A 1800) #9298, eff 10-21-08 1?nv-A 1802.12 "Asbestos disposal site" means "asbestos disposal site" as defined in RSA 141-E:2, 111, namely "land where asbestos wastc exists, either in or on the ground, due to dumping activities which ceased by July 10, 1981 . The termincludes inactive disposal sites as defined by 40 CPR 61 .141 . The term does nol include any disposal site which is subject to the permitting requirements of RSA 149-M ." Source. (See Revision Note at chapter heading for Env-A 1800) #9298, eff 10-21-08 Env-A 1802.13 "Asbestos Hazard Emergency Response Act (AHERA)" means the Asbestos Hazard I ;mergency Response Act, Public Law 99-519, promulgated by the U.S. Congress on October 22, 1986. Source. (See Revision Note at chapter heading for Env-A 1800) #9298, eff 10-21-08

4 Gnv-A 1800NEW HAMPSHIRE CODE OF ADMINISTRATIVE RULES 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 LB.3. Source. (See Revision Note at chapter heading for Env-A 1800) #9298, eff 10-21-08 Env-A 1802.15 "Asbestos management planner" means an individual who is certified pursuant to RSA 141-E:I 1 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 at chapter heading for Env-A 1800) #9298, eff 10-21-08 Env-A 1802.16 "Authorized representative" means employees of the department, city or town health officers, or others as designated by the commissioner pursuant to RSA 141-E :13. Source. (See Revision Note at chapter heading for Env-A 1800) #9298. eff 10-21-08 vested.Env-A 1802.17 "Building owner" means the person in whom legal or beneficial title to a facility is Source. (See Revision Note at chapter heading for Env-A 1800) #9298, eff 10-21-08 Env-A 1802.18 "Category I nonfriable ACM" means "Category I nonfriable asbestos-containing material (ACM)" as defined in 40 CFR 61 .141 as in effect on July 1, 2007, namely "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. " Source. (See Revision Note at chapter heading for Env-A 1800) #9298, eff 10-21-08 Env-A 1802.19 "Category Il nonfriable ACM" means "Category lI nonfriable ACM" as defined in 40 CFR 61 .141 as in effect on July 1, 2007, namely "any material, excluding Category I nonfriable ACM, containing more than I percent asbestos as determined using 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." Source. (See Revision Note at chapter heading for Env-A 1800) #9298, eff 10-21-08 Env-A 1802.20 "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 at chapter heading for Env-A 1800) #9298, eff 10-21-08

5 Env-A 1800NI :W I IAMPSI IIRI ; ('()1)I : C)l~ AI)MINIS'I'1tA I'IVI~, IZ1J1,1',S

I?nv-A 1802 .21 "Contractor" mcans "contractor., as dcfined in IZSA I41-k :2. IV, namely '%Iny partncrship, firn~. association, corporation, or sole proprietorship which engages in ashestos abatement activities and/or activities involving (lie (listurhance of asbestos at ashestos disposal sites." Source. (Sec Revision Note at chapter hca(fing for I!nv-A 1800) 179298, cff 10-21-08 I ;nv-A 1802 .22 "Crumb" mcans a particle that is large enough to he readily separately visible and reducible to loose powder or loose fibers by hand pressure . Source. (See Revision Note at chapter heading for Env-A 1800) #9298, cff 10-21-08 I :nv-A 1802.23 "Demolition" means the wrecking or taking out of' any load-supporting structural nieniher of' a f,icility together with any related handling operation or the intentional burning of any facility. Source. (Sec I2evision Note at chapter heading for I ;nv-A 1800) t/9298, cf`f 10-21-08 I?nv-n 18()2.24 "I)cp,irtnient" means "dcpartmcnt" us defined in IZSA 141-I?2. V, namely '"Ihe department ofcnvironmcntal services." Source. (See Revision Note at chapter hcading Ibr I?nv-A 1800) 119298. cl'I' 10-21-(18 I :nv-A 1802.25 "Fmcrgency asbestos abatement project" means any asbestos abatement activity requiring immediate action duc to public health reasons or safety reasons or economic hardship, which was not planned but results from a sudden, unexpected event . The term includes ',ictivities necessitated by nonroutine failurcs ofashestos-containing equipment, the repair of which would require asbestos abatement . Source. (See Revision Note at chapter heading for Env-A 1800) #9298, eff 10-21-08 I?nv-A 1802.26 "I?ncapsulant" means a material that is applied to an ACM in order to prevent the ACM or any of its components frombeing exposed to ambient conditions. Source. (See Revision Note at chapter heading for Env-A 1800) #9298, eff 10-21-08 1?nv-A 1802.27 "Encapsulation" means the application of an encapsulant to ACMto control the release of' asbestos fibers into the air, either by using bridging cncapsulants, which create a membrane over the surface of the ACM, or by using penetrating cncapsulants, which penetrate the ACMand bind its components together . Source, (See Revision Note at chapter heading for Env-A 1800) 49298, ciT 10-21-08 I ;nv-A 1802.28 "I ;PA Alll?RA regulations" means the regulations as adopted by the U.S. Environmental Protection Agency in 40 CFIZ Part 763 subpart E. Source. (See Revision Note at chapter heading for Env-A 1800) #9298, eff 10-21-08

6 Env-A 1800NEW HAMPSHIRE CODE OF ADMINISTRATIVE RULES Env-A 1802.29 "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 ofproviding training to fulfill any license or certification requirement under these rules. Source. (See Revision Note at chapter heading for Env-A 1800) 49298, eff 10-21-08 Env-A 1802.30 "Equipment room" means a contaminated area or roomwhich is part of the worker decontamination enclosure systemand which includes the storage of contaminated clothing and equipment . Source. (See Revision Note at chapter heading for Env-A 1800) 49298, eff 10-21-08 Env-A 1802.31 "Facility" means any institutional, commercial, public, or private building or structure, work place, ship, installation, active waste disposal site, inactive waste disposal site operated after July 9, 1981, or rental dwelling. Source. (See Revision Note at chapter heading for Env-A 1800) 49298, eff 10-21-08 Env-A 1802.32 "Friable asbestos material" means "friable asbestos material" as defined in RSA 141- E :2, VI, namely "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." Source. (See Revision Note at chapter heading for Env-A 1800) #9298, eff 10-21-08 Env-A 1802.33 "Glovebag" means a sealed compartment with attached inner gloves used for the handling of ACM

. Source. (See Revision Note at chapter heading for Env-A 1800) #9298, eff 10-21-08 Env-A 1802.34 "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 at chapter heading for Env-A 1800) #9298, eff 10-21-08 Env-A 1802.35 "Loose" means subject to movement by or in air, such as powder or fibers which can easily be blown or shaken fromthe hand. Source. (See Revision Note at chapter heading for Env-A 1800) #9298, eff 10-21-08 Env-A 1802.36 "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 at chapter heading for Env-A 1800) #9298, eff 10-21-08

7 Env-A 1800NEW I IAMPSI IIRI : C01)1,' OI,AUMINIS fRA f1V1 ; itIII,I :S

I :nv-A 1802.37 "Major asbestos ahatemenl projcct - ('I,ns N" nictins any asbestos abatement project involving 2(,0 linear feet, 160 square (cct, or 35 cubic fcct, or morc, ol' RACM . Source_ (See Revision Note .d chapter heading lur Fnv-A 1800) 119298, cIT 10-21-08 I{nv-A 1802.38 "M,ijor ashestos abatement prolecl - Class S demolition" means any asbestos ,ihatcmcnt pro

.lcct involving less than 260 lincar Iccl, 160 square fect, or 35 cubic lcct of RACM, and which Occurs within (lie contest of a dcmolition as defined by this part . Source., (See Revision Note at chapter heading for Fnv-A 1800) ft9298, cff 10-21-08 I?nv-A 1802.39 "Major asbestos abatement project - Class S renovation" ilicans ,my asbestos uhatemcnt project involving less than 260 linear (cut, 160 square fect, or 35 cubic feet of RACM, bul more than 10 linear Icct, 25 square Icct or 3 cubic Icet, and which occurs within the context of` n renovation as dcfincd by (his part . Source. (See Revision Note at chapter heading for km-A 1800) t19298, cIT 10-21-08 I'nv-A 1802.40 "Manager" mcans any person who is responsible li>r the control, operation, or maintenance of a building, facility, school, or rental dwelling which is owned hy another person. Source _ (See Revision Note at chapter hcading Ibr Fnv-A 1800) #9298, cff 10-21-08 Fnv-A 1802.41 "Minor asbestos abatement project" means any asbestos abatement renovation activity which encompasses not more than 10 linear feet, 25 square feet, or 3 cubic feet of RACK The termdoes not include larger projects that are divided into smaller segments. Source . (See Revision Note at chapter heading for I?nv-A 1800) #9298, eff 10-21-08 I :nv-A 1802 .42 "Model accreditation plan (MAP)" mcans the plan as adopted by the EPA in 40 CFR Part 763, subpart li, appendix C.`. Source. (Sec Revision Note at chapter heading for hnv-A 1800) #9298, eff 10-21-08 Fnv-A 1902.43 "Owner or operator (O/O)" for the purpose of this chapter means "owner or operator o1' a demolition or renovation activity" as defined in 40 CFR 61 .141, namely "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." Source . (See Revision Note at chapter heading for Env-A 1800) #9298, eff 10-21-08 Env-A 1802.44 "Person" means any individual, partnership, company, public or private corporation, political subdivision or agency ofthe state, department, agency or instrumentality of the United States, or any other legal entity. Source . (See Revision Note at chapter heading for Env-A 1800) 49298, eff 10-21-08 8 Env-A 1800NEW HAMPSHIRE CODE OF ADMINISTRATIVE RULES

Env-A 1802.45 "Private dwelling" means any residence, as defined in RSA 21 :6-a, which is occupied by the owner . Source. (See Revision Note at chapter heading for Env-A 1800) #9298. eff 10-21-08 Env-A 1802.46 "Regulated Asbestos-Containing Material (RACM)" means: (a) Friable ACM

; (b) Category I nonfriable ACM that has become friable; (c) Category I nonfriable ACMthat will be or has been subjected to sanding, grinding, cutting, or abrading; or (d) Category It nonfriable ACMthat 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. Source . (See Revision Note at chapter heading for Env-A 1800) #9298, eff 10-21-08 Env-A 1802.47 "Removal" means the stripping ofany RACM fromsurfaces or components within or at a facility. Source. (See Revision Note at chapter heading for Env-A 1800) #9298, eff 10-21-08 Env-A 1802.48 "Renovation" means altering a facility or any facility component(s) in any way, including the stripping or removal of RACM fromany facility or facility component(s) . Source. (See Revision Note at chapter heading for Env-A 1800) #9298, eff 10-21-08 Env-A 1802.49 "Rental dwelling" means any residence as defined in RSA 21 :6-a which is occupied by someone other than the owner . Source. (See Revision Note at chapter heading for Env-A 1800) #9298, eff 10-21-08 Env-A 1802.50 "Responsible person" means each individual who owns 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 ;

9 Env-A 1800NEW I IAMPSI IIRI ; CODE' OF AUMINIS'fIZA'I IVI', Itl ll,l?S (h) For n parlnurslup, all partners, whether gencral or liniited. and all management and supervisory pcrsonncl ; (c) For an association or other ortamization, all principals, mciuhcrs, and participants, as applicahlc, and all managcancnt and supervisory pcrsonncl ; and (d) Fur a municipalit~ or other political subdivision of the State, the individuals elected or appointed to ovcrsee or monage tile prudential affairs of tile political subdivision, and the managers and supervisors of' the departmcnt(s) that will pcrform work under the authority of the license. Source. (See Revision Note at chapter heading for Env-A 1800) #9298, eff 10-21-08 I?nv-A 1802 .51 "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 at chapter heading for I?nv-A 1800) lt9298, eff 10-21-08 I~;nv-A 1802 .52 . .Shcetti" or .'shceting" means any waterproof ntaferial which can he used to make airlight barriers. Source. (See Itcvision Note at chapter hcading for I?nv-A 1800) #9298. Of 10-21-08 Hnv-A 1802 .53 "Showcr room" means a roombetween the clean roomand the equipment ruum in the worker decontamination enclosure with running water that is suitably arranged for complete showcring during decontamination. Source. (See Revision Note at chapter heading for Gnv-A 1800) #9298, eff 10-21-08 I?nv-A 18()2.54 "Small-scale, short-duration activities (SSSD)" means "small-scale, short-duration activities (SSSU)" as defined in 40 CFR 763, subpart E, appendix C, July l, 2001 edition, namely:

Tasks such as, but not limited to: a. IZemoval 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 ; c. Installation ofelectrical conduits through or proximate to ACM ; 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; 10 Env-A 1800NEW I-IAMPSHIRE CODE OF ADMINISTRATIVE RULES h. Minor repairs to damaged thermal insulation which do not require removal ;

. Repairs to a piece of asbestos-containing wallboard; j . Repairs, involving encapsulation, enclosure, or removal, to small amount 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 function. (2) For the purposes of this chapter, SSSD projects shall be limited to less than or equal to 3 linear feet of asbestos surface on pipes or ducts, or 3 square feet of asbestos-containing building material on surface structures other than pipes or ducts." Source. (See Revision Note at chapter heading for Env-A 1800) #9298, eff 10-21-08 Env-A 1802.55 "Tape" means a high quality duct tape or similar adhesive material which can resist both moisture and wear. Source. (See Revision Note at chapter heading for Env-A 1800) #9298, eff 10-21-08 PART Env-A 1803 NOTIFICATION AND FEES Env-A 1803.01 Notification for Major Asbestos Abatement Projects. (a) Except as provided in Env-A 1803 .04, the owner or operator (0/0) shall provide written notification to the department and the city or town health officer, as applicable for the worksite location. (b) The notice required by (a), above, shall : (1) Contain the information specified in Env-A 1803.06; and (2) Be provided at least 10 working days before asbestos abatement activity begins at any major asbestos abatement project. Source. (See Revision Note at chapter heading for Env-A 1800) #9298, eff 10-21-08 Env-A 1803.02 Notification for Minor Asbestos Abatement Projects. Notification to the department shall not be required for any minor asbestos abatement projects. Source. (See Revision Note at chapter heading for Env-A 1800) #9298, eff 10-21-08 Env-A 1803 .03 Notification for Demolitions. (a) The 0/0 shall provide written notification to the department and to the city or town health officer, as applicable to the worksite location. (b) The notice required by (a), above, shall : (1) Contain the information specified in Env-A 1803.06; and I l Env-A 1800NI?W I ]AM PSI I1R1 ; CODE OF ADMINIS 1RA'I'IVI? R111,I ;S (2) 13e provided at Icast ID vvorkinf, days before any demolition activity begins. (c) Notification undcr (a) . above, shall he provided even il~no ACM is containcd in the liicility. 

### Source. (See Ilevision Note al chapter heading fur linv-A 1800) ri9298, err 10-21-08 !!i ;v-A 184)3.04 Aimun! Notilicalion. (n) In licit of, file

. nolilic,ition required pursuant to Env-A 1803.01, and subject to (d), below, the O/O ol~ a I~acility expected to undergo a ('lass S major asbestos abatement in tile 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 . (h) Such annual notification shall hc made at Icast 10 working days prior lo the start of the new ailcndar vcar . (c) After tiling an annual notification, tile O/Oshall provide the department with quarterly reports ol activities performed under such annual notification that include dales of' removal .amounts and kinds of' KA('Mremoved, nnd disposnl site used. (d) I'hc O/Oshall give separate, individual notificalion as specilicd in I?nv-A 1803 .()I for each ma.jor asbestos ahatement project - Class N that occurs at the facility, regardless of' whether an annual notification has hecn liled for the I"acility. Source. (See Revision Note at chapter heading for I?nv-A 1800) #9298, eff 10-21-08 I?nv-A 1803 .05 Notification for Emergency Asbestos Abatement Projects
. For emergency asbestos abatement projccts, the O/Oshall : (a) Noti(y the department as early as possible prior to abatement or, if prior notice is not possible, within 24 hours of the beginning of cach emergency asbestos abatement activity with information required under this part . (b) If noticc under (a), above, is provided orally, provide written notification in accordance with this part to the department no later than 48 hours after the beginning of an emergency asbestos abatement

. Source. (See Revision Note at chapter heading for f ;nv-A 1800) #9298, eff 10-21-08 f ;nv-A 1803.06 Information Required. (a) In any notification required by this part, the O/Oshall : (1) Provide the information required by 40 CFR 61 .145(b)(4) : and (2) Present that information in the format specified in 40CFRG1 .145(b)(5) . (b) Any additional information not specifically required by this part, but necessary to completely describe the scope of the project, shall be provided on separate paper .

12 Env-A 1800NEW HAMPSHIRE CODE OF ADMINISTRATIVE RULES (c) Hours of operation shall be included on the notification document . Source. (See Revision Note at chapter heading for Env-A 1800) #9298, eff 10-21-08 Env-A 1803.07 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 at chapter heading for Env-A 1800) #9298, eff 10-21-08 Env-A 1803 .08 Disposal Only. (a) Each person hired by an 0/0 solely to transport and dispose of ACMshall provide written notification to the department ofsuch transport and disposal . (b) Prior to transport, the person subject to (a), above. shall provide the following information to the department : (1) The person's name, mailing address, and daytime telephone number, and, if available, an email address; (2) The 0/0's name and mailing address; (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 ofthe disposal site; and (6) The quantity(ies) ofACM to be disposed. (c) Within 30 days after delivery to the disposal site, the person subject to (a), above, shall provide a copy ofthe waste shipment record to the department . Source. (See Revision Note at chapter heading for Env-A 1800) #9298, eff 10-21-08 Env-A 1803.09 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 formof 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;

13 Env-A 1800NI ;WIInMPSI IIRI? C'OUE OP nUMINIS'I'KA I'IVI : ItULI ;s (3) I or an ;ninuul notification pursuant to Fnv-A I)i0± .114.'l:t 5l)0: and (" t) For a revised notilication pursuant to Fnv-A 1803 .07-S25. Source. (See Revision Note at chapter heading fur km-n 1800) 119298, uff 10-21-t18 PAR l' I?nv-A 1804 INSPECTIONS AND IZI?CORI)KI ;liNINU Fnv-A 1804 .01 Inspections Requi red Prior to Commencin~,~ Demolition or Renovation. (a) Prior to undertaking any demolition or renovation as defined by this chapter, the O/Oshall provide for ;m inspection hy 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 (,t), above, the inspection shall he performed by an ashestos inspector who is certified under Fnv-A I810 to performasbestos inspections. S "out k1i -cc, (See I~cvision Note at chapter headino for I v-A 1800) 1/9298, efT 10-21 -08 knv-A 1904.02 Documents Fo lie Retaincd ()n-sitc. 1(ach ()/O of ii facility where an asbestos abotetnent project is occurring shall retain the li6llowing documents on-silc for the duration ol~ the asbestos abatement pro

. jcct : (a) n current copy of this chaplcr ; (b) Copies of the decontamination procedures used for the decontamination enclosure system required by Fnv-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 facilitics; (d) Copies of' all licenses, certificates, and proof of training held by all supervisors and workers engaged in the asbcstos abatement project ; (c) Records ol~all project-related air sampling rcsults; and (f) A copy of any written notification concerning the asbestos abatement project submitted to the department pursuant to Env-A 1803. Source. (See Revision Note at chapter heading for Env-A 1800) #9298, eff 10-21-08 Env-A 1804.03 Required Records

. Each O/O of a facility where an asbestos abatement project has occurred shall record and maintain the li6llowing information for each project : (a) The name, title, address, and social security number ofeach supervisor and worker participating in the project, (b) The address of thc project ; (c) The work plan for the pro_ject : (d) The estimated amount of RACM involved in the project ; 14 Env-A 1800NEW HAMPSHIRE CODE OP ADMINISTRATIVE RULES (c) The scheduled and actual starting and completion dates and, if an actual date differs fromthe date originally scheduled, a statement of reasons for the difference(s) ; (f) Documentation of compliance with all applicable requirements ofthis chapter; (g) 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; (h) The name and address ofthe asbestos disposal facility to which the RACM was taken; (i) The methodology and results of all air sampling 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 (j) Descriptions of worksite accidents and unplanned or planned exposures to asbestos. Source. (See Revision Note at chapter heading for Env-A 1800) #9298, eff 10-21-08 Env-A 1804.04 Retention of Records. (a) The 0/0 shall make the records described in Env-A 1804.03 available to the department upon request . (b) Records shall not be destroyed unless they are more than 30 years old, dated fromthe completion of the asbestos abatement project . Source. (See Revision Note at chapter heading for Env-A 1800) #9298, eff 10-21-08 Env-A 1804.05 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 reviewbuilding 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) Ifthe suspect material is friable, the authorized representative shall : (1) Collect 3 bulk samples ofthe 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 1808.

15 Env-A 1800NI ;W I Ii1MPSIlIRI? ('()DI? ()I' AUMINIS'fItA'fIVI? IZll1,ES (d) I hc department shall provide u copy of Ihc ;inalytical results to the ()/(), building manager, or other interested p,irtics upon receipt ol'a written request, Source. (See Revision Note at chapter heading lor Fnv-A 1800) 1l9298, elf 10-21-08 I :nv-A 1804 .()6 Ueler ntinatiqn_ol~_Damage or_ I)eterioration. Friable ACM shall he decmed to he deteriorated or dalliat"cd if . (it) HIC material has pulled away fromthe underlying surface: or (h) I{videncc of' physical damage exists, such as gouges or cuts in the material or debris matching the material is on tile surface belowthe material . Source. (Sec Rcvision Note .d chapter heading Ibr I?nv-n 1800) /19298, cIT 10-21-08 linv-n 18t14.()7 Determination of the Potential for Sion ilicant flumun I~,xposurc. As n result of nn inspection under IZSn 14 1-k:8 or RSA 141-1 : :13, the department shall determine that there is it potentiul for signilic.mt humvi exposure if: (a) ]'here is an increase in the proximity of friablc ACM to an ,ur plenumor direct itir stream, (b) ' ]'here 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 tile friable ACM

will he released into the air, including air movement, vibration, installing new machinery, and moving ol~building occupants. Source. (See Revision Note at chapter heading for I',nv-A 1800) #9298, eff 10-21-08 1?nv-A 1804.08 inspections o1'Private Dwellings. (a) As provided in RSA 141-1 : :8, III : (I) The owner ofa 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) 'fhc 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 1804.09(b) . (c) The owner of a private residence 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 property owner in writing. 16 . Env-A 1800NEW HAMPSHIRE CODE OF ADMINISTRATIVE RULES (e) The final fee assessed shall reflect the actual costs as determined pursuant to Env-A 1804.09(b), and so might be higher or lower than the estimate provided in advance ofthe inspection. (f) The department shall send a bill for the fee to the property owner, who shall pay the fee within 30 days of the date of the department's bill . Source. (See Revision Note at chapter heading for Env-A 1800) 49298, eff 10-21-08 Env-A 1804 .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 sumof 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 ofthe date of the department's bill . Source. (See Revision Note at chapter heading for Env-A 1800) #9298, eff 10-21-08

17 Env-A 1800NI`,WI InMPSI IIRI? ('OI)I? Ol' AI)MINIS'I'IZA'I'IVI ; RULES

PARI' I!n%--A I8i)5 WORK I'IZAC"I1('I : RliO111K1?MI?N'I S I?nv-A 18(15.p1 Requirements for_M ajor Asbestos Ahatement Prorcls . I?ach ()/() of a facility al which major ~isheslos abalcmcnt activity is or may be undcrtakcn shall ensure compliancc with this part . Source. (See Revision Note at chapter heading for I?nv-A 1800) 119298, cff 10-21-08 i?nv-n 1805 .02 A

sbestos Abatement Pro,iect i'crsonncl . I'hc contractor(s) and personnel involved in a major ashestos abatcmcnt project shall be licensed and ccrtified, respectively, in accordance with I?nv-n 1810. Source. (See Revision Note at chapter heading for Bnv-n 1800) #9298, off' 10-21-08 I ;nv-n 1905,03 Records Maintained ()',-Site. The ()/() shall maintain file records specified in Env-A 1804.02 on-site . 

### Sourcc. (See Revision Note at chapter hcading for I?nv-i1 1800) 119298, err 10-21-08 I'.nv-A 1805.04 Site Preparation. Prior to tile start of the abateiucnt, file U/() shall prepare each work arca as follows: (a) Post telephone numhcrs of the ncarcst cmcrgcncy facilitics within 3 Icct oftlic telephone nearest to the work arca; (h) 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 systemdoorways, using sheeting having a minimumthickness of' 6 tnil ; (c) Post warning signs at all entrances to the work area; (d) Remove all movable objects fromthe work area; (c) Clean or dispose of as asbestos waste all contaminated items that are removed fromthe work area: (f) (']call all non-movable objects in the work area, then cover with sheeting having a minimum thickness of4 mil secured into place; ~ (g) 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 scams; (2) No sheeting seams shall be located at any floor/wall or ceiling/wall corners; (3) Floor sheeting shall consist of 2 layers of 6 mil sheeting, extending at least 12 inches up each wall ;

18 Env-A 1800NEW HAMPSHIRE CODE OF ADMINISTRATIVE RULES (4) Wall sheeting shall consist of one layer of 4 mil sheeting, extending at least 12 inches across the floor ; (5) Ceiling sheeting shall consist of one layer of 4 mil sheeting, extending at least 12 inches down each wall ; and (6) Sheeting for all intake and exhaust openings and any seams in HVAC system components shall be at least 6 mil or tape: and (h) Turn off all HVAC systems in or passing through the work area, and take measures to prevent accidental start-ups. Source. (See Revision Note at chapter heading for Env-A 1800) #9298, eff 10-21-08 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) Ifexhausted 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 themanalyzed, as described in Env-A 1805.09(c), as expeditiously as practical, but no more than 24 hours after sampling. Source. (See Revision Note at chapter heading for Env-A 1800) #9298, eff 10-21-08 Env-A 1805.06 Worker Decontamination Enclosure System . (a) Each asbestos abatement site shall have a worker decontamination enclosure system . (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 roomshall have running water that is at least 85° F or can be mixed at the tap to achieve 85° 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 systemshall be airtight . (f) All entrances to and exits from the work area shall be through the decontamination enclosure system . 19 Env-A 1800NIF;WI IAMPSI IIRI? COI)I? OFADMINISTRATIVI : RULES (g) I :ach worker exiting from the work area sh,ill thoroughly shower so as to remove .III asbestos libers hclure entering file Cleill) room . (h) No asbestos-contaminated individual or item shall enter the clean room . Sourcc: . (Sec Rcvision Note al chaptcr hcading for I ;nv-A 1800) 49298

. cff 10-2 1-08 I :n\ -A 1805 (17 Asbestos Removal Procedures. (a) All RACMshall be adequately wetted before removal and maintained wet during and after removal so as to prevent the release of fibers until placed into leak-tight containers for disposal . (h) All RA('Mshall be carelully lowered to the ground or floor, not dropped or thrown. (c) Structural membcrs not previously stripped of' RACM shall be removcd intact or in large sections whenever possible and carcfully lowered to the I'loor . (d) ItACM

that is not associaicd with structural members shall be removed in small sections and not be alluwcd lo iICCIIIIILIIi]IC Oil the floor. (c) I ollowing remov,il, the O/O shall performcleanup procedures using repeated I II?PA vacuuming and wet clcaning tcclrniqucs until no visible residue is obscrvcd in the work arca. SO~urce.. (Sec Revision Note at chapter heading lor I ;nv-A 1800) #9298, eff 10-21-08 knv-A 1805.08 Disposal . (a) An O/Oshall performthe following prior to transport of RACM for disposal : ( I) RACM

shall be placed wet into water-tight containers for transport to a landfill . Double impermeable bags of at least 6 mil thickness each, which can be securely sealed, may be used; (2) Large components or structural members removed intact shall be wrapped air-tight in 2 layers oi'6 mil sheeting secured with tape; and (3) All containers, including bags, drums, and wrapped components, shall be labeled in accordance with 40 CFR 61 .150(a) and shall be manifested pursuant to 40CFR 61 . I50(d) . (b) RACM shall be disposed of in accordance with the requirements of 40 CFR 61 .150, as incorporated by reference in Gnv-A 1807 .01, with arnendments, and F,nv-Sw901 . (c) Within 30 days alter delivery of RACM to the disposal site, the O/O shall provide a copy of the waste shipment record to file department. Source. (See Revision Note at chapter heading for Env-A 1800) 49298, cff 10-21-08 E;nv-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/Oshall obtain the services of an independent industrial hygienist to conduct clearance air sampling. 20 Env-A 1800NEW HAMPSHIRE CODE OF ADMINISTRATIVE RULES (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/Oshall continue cleaning the work area in accordance with 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 0.01 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 systemshall not be dismantled until clearance air sampling demonstrates the presence of no more than 0.01 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 ofAnalytical Methods (NMAM), Fourth Edition, 8/15/94. (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 at chapter heading for Env-A 1800) #9298, eff 10-21-08 Env-A 1805.10 Specific Requirements for Demolition. (a) Prior to any demolition by intentional burning of a structure or portion of a structure, all RACM and Category I and Category II nonfriable ACMshall be removed in accordance with the applicable provisions ofthis chapter. (b) Prior to any demolition, other than demolition by intentional burning, ofa structure or portion ofa structure that contains RACK all RACM shall be removed in accordance with the applicable provisions of this chapter, subject to (c), below .

21 Env-A 1800NI ;W I IAMPSI II1Z1 ; ('OI)1? ()I' AUMINIS I'RA fIVI : RUI,Iis (c) For Clearance ;fir sampling as described in I?nv-A 1805 .09. tin ticceptable result shall lie l) .1 libcrs of IcnIoth rraricr than 5 microns per cuhic Centimeter of air its determined by phase contrast optical microscopy, performcd as described in "Asbestos and Other Fibers by P('M : Method 7400, Issue 2", NI()SI I M ;inual ol~Analytical Methods (NMAM), Fourth Vdition, 8/15/94

. Suut-cc. (See IZeviston Note at chapter heading for I?nv-A 1800) fl9298, eff 10-21-08 

### I?nv-A 1805.1 I Specific IZequirentents for Enclosure of IZnCM . When an O/O chooses to enclose lznCNa . the 0/c) sh.ill : 0) Notilj~ and pity the lee in accordance with Lnv-A 1803 .09(c)(1) or (2), as applicable; (h) Prior to enclosure, remove loose and hanging RACM in accordance with Env-A 1805; (c) linsure that enclosures tire airtight and of* permanent construction, so that the area being enclosed is inaccessible: (d) Prior lo commencing work, wet all RA('Mthat has (lie putcntial to be disturbed during the inslall ;dion of htillgcrs, brackets, or other portions of thc ene:lost rc : and (c) Designate enclosures fur RA('M by signs, labels, color coding, or some other readily visible mechanisill on the enclosure to warn individuals who may be required to disturb (lie enclosure

. Source . (See 1Zevision Note at chapter heading for Fnv-A 1800) #9298, cf7' 10-21-08 1?nv-A 1805.12 Specific Requirements for Encansulation of IZACM . When an O/O chooses to cncapsulatc RACM, the O/Oshall : (a) Notify and pay the fee in accordance with Env-A 1803 .09(c)(1) or (2), as applicable; (b) Insure 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 cncapsulation, remove loose and lianging RACM in accordance with 1'nv-A 1805; (d) Apply cncapsulaunts using only lowpressurc airless spray equipment with nozzle presstirc ,in(] tip sire set according to the manufacturer's recommendations: and (c) Spccifically 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 at chapter heading for Env-A 1800) #9298, eff 10-21-08 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 18 10.02. (b) Any person pcrforming a minor asbestos abatement project shall take the following precautions at a minimumto prevent the release of asbestos fibers into the ambient air: 22 Env-A 1800NEW HAMPSHIRE CODE OF ADMINISTRATIVE RULES ( l) 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 RACMshall be wetted prior to being disturbed, and shall be kept wet until it is containerized; (3) HEPA vacuwn 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-Sw901 . Source. (See Revision Note at chapter heading for Env-A 1800) #9298, eff 10-21-08 PART Env-A 1806 ALTERNATIVE WORK PRACTICES Env-A 1806.01 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 ofthe glovebag. (c) Glovebag procedures shall conform to the requirements of 29 CFR 1926.1101(g)(5)(ii)(B)(1) through (8), July 1, 2007 . (d) Following completion of a glovebag procedure or series of glovebag procedures in a contiguous area, clearance air sampling shall be conducted in accordance with the requirements of Env-A 1805 .09. Source. (See Revision Note at chapter heading for Env-A 1800) #9298, eff 10-21-08 Env-A 1806.02 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 approve an alternative procedure for control of emissions froman asbestos abatement activity only if:

(1) EPA approves the request or notifies the department in writing that the requested procedure need not be approved by EPA; and (2) The 0/0 satisfies (c) through (e), below . (c) The 0/0 shall submit to the department a written request for use of an alternative procedure at least 10 days in advance of the proposed starting date for such abatement . Requests shall include all information identified at Env-A 1803 .06, and include such additional information as is necessary to identify the unique aspects ofthe project which led to the request . (d) The department shall approve the alternative procedure if:
23 Env-A 1800NEW I IAMP5111RE C()DI? OI' nDMINIS I'RA I'IVI ; RU1,1?S ( I ) I'hc ,rlfcrnative procedure provides on equivalent or grcttter measure of control ol, asbestos 1-iber release limn the procedure required by these rules: or (2) Using the alternative procedure creates e lower potential hazard to lilc, health, and property Ihon using lhc procedures required by these rules. (c) No work using nn ,rllcrnativc procedure shall begin without the written approval or abstention of' lil'n 12cgion I :md the department . Source. (See Revision Note at chapter heading for Env-A 1800) #9298, cfl~ 10-21-08 PAR'l I?nv-A 1807 APPLICABLE FEDERAL REGUI,ATIONS I{nv-A 1807.01 National Emission St andards For Asbestos. Under the authority of' RSA 141-VA, XVI(c), tile t)/O 01'a facility subject lo this chapter shall comply with the provisions of~40 CVR 61 . subpart M, as in cffect on July I_ 2007, except for : (a) I'hc dclinilion of"facility- in 40 (T ' R 61 .14 1 : and (b) I'hc provisions of 40 CUR 61 .145(c)(1)(i), 61 .145(c)(I)(ii), 61 .145(c)(I)(iv), hl .ld9(c)(2), 61 .150(a)(4)_ 61 150(a)(5), 61 .150(b)(3), 61 .151 with respect to disposal sites not operated after .luly 9, 1981, 61 .151(c), G1 .152(b)(3), bl 154(c), 61 .154(d), 61 .155(a), and 61 .157 . Source. (See Revision Note at chapter heading for Fnv-A 1800) 119298, cff 10-21-08 I~ :nv-A 1807.02 nI11 ;Rn RcQ,ul ;ttions. An individual who engages in any school asbestos abatement planning activity or a contractor who engages in an asbestos abatement project in a school shall comply with the provisions of' 40 CUR 763, subpart E, as in effect on July l, 2007, except for the provisions of 40 CPR 763.97 and 763.98. Source. (See Revision Note at chapter heading for Env-A 1800) 49298, eff 10-21-08 PART I?nv-A 1808 ASBESTOS ANALYTICAL Rl?QUIRI'sM1iNTs Env-A 1808.01 Applicability. This part shall apply to the analysis of all asbestos samples obtained hy the department pursuant to compliance inspections. Source. (See Revision Note at chapter heading for F',nv-A 1800) #9298, eff 10-21-08 Env-A 1808.02 Analytic,al 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 : (I) A laboratory presently accredited for asbestos analysis by the American Industrial Hygiene

Association (All-In) ; (2) An analyst presently listed in the AIHA Asbestos Analysis Registry; or

24 Env-A 1800NEW HAMPSHIRE CODE OF ADMINISTRATIVE RULES (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 at chapter heading for Env-A 1800) #9298, eff 10-21-08 Env-A 1808.03 Analyti cal 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, 40' Edition, Second Supplement, August 1994. 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: "InterimMethod of the Determination of Asbestos in Bulk Insulation Samples" or as defined and accepted by the NIST for PLM

accreditation. Source. (See Revision Note at chapter heading for Env-A 1800) #9298, eff 10-21-08 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 at chapter heading for Env-A 1800) #9298, eff 10-21-08

25 Env-A 1800NI?wI IAMISl lntl : Uc)nl-; OFADMINISTRATIVE' RULES

I ;nv-n 18(19 02 Request for Approval of I raining-Course

. Any training provider seeking appioval of' one 0r more Iraining course(s) shall submit (lie fi>Ilowing in writing to the department litr each proposed courtic:(a) I'hc namc(s) ol'thc Iraining provider as shown On tile approval issued pursuant lo I?nv-A 1809.04; (b) I'hc niime ofthc spccilic course for which approval is sought ; (c) 'VIJhcthor tile Colirse is intended I'M initial ccrtiiicalion or as a rcfreshcr; (d) An oullinc of the training course that shows the topics to be covered and the amount of time to be given to cach topic; (e) A copy of the applicant's instruction manual f'or the training course, and all printed material to he distributed in each course; (1) Adescription of the teaching methods to be employed, including a description of ;my audio-visual aids to be LISCCI ; (g) A description of, file hands-on facilily to be used, including the protocol for instruction, the number ol'studcnts lo be accommodated, and the numhcr ol' instruclors ; (h) A description of' the equipment that will be uscd in both classroom Icclurcs and in hands-on lraining, (i) The name and yualilications oh each individual who wiff provide the training for the course, including cciication, training, and cxpcriencc; (j) An example of'the written examination to be given in the course; (k) A copy ofthe certilicatc 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 at chapter heading for Env-A 1800) )t9298, eff 10-21-08 Env-A 1809.03 Criteria for Approval of Training Courses. The department shall approve it training course for which an application is submitted pursuant lo Env-A 1809.02 if' all of the fi~llowing 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) Thc 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 ;
26 Env-A 1800NEW HAMPSHIRE CODE OE ADMINISTRATIVE RULES (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 maximumof 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 50multiple 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 AHERAdiscipline; 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 at chapter heading for Env-A 1800) #9298, eff 10-21-08 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:

27 Env-A 1800NGW I IAMPSI IIRE ('(>I)I{ <)I' ADMINIS fRA'I'IVIi Rl1LliS ( I ) fhe n<urne. mailing address, and duytimc telephone number of' each dcptrrtntent of' ageucY l ;iving such ,rppnivol ; (2) I'he namc and d,rytitrnc telephone numbcr of an individual ill each department or agency who call be Contacted regarding the ilpproval ; and (3) Copies ofall such written upprovals; (d) A list of ;uiy Outstanding state or Federal enforcement actions pending against the applicant with regard to asbestos abatement iraining or work; (c) I I'there arc any outstanding state or fcderal enforcentent actions pending against the applicant with regard to asbestos ahatement 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 trrining pruvidcr pursuant to these rulcs; and (I) Uocumentation that (lie Iraining provider mects the criteria specified in Fnv-A 1809.05(d) and (c) ; (g) n statement signed by e responsible person ccrtilj~ing thnL ( I ) The applicant has read, and understands, the New 1 lampshire asbestos management rules ; (2) The application wits prepared in conformity with the rules (br asbestos control : and (3) All information contained in the application, including any supplements attached. is true an([ correct to file best of their knowledge and belief. Source. (Sec Revision Note at chapter heading for I;nv-n 1800) 49298, eff 10-21-08 1?nv-A 1809.05 Criteria for Approval of'fraining Providers. The department shall approve a training provider R>r which an application is submitted pursuant to Env-A 1809.04 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' inR>rmation 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 which it issues :

(1) Name and date ofbirth of the student ; (2) The course completed; (3) The date(s) ofthe course and the examination;
28 Env-A 1800NEW HAMPSHIRE CODE OP ADMINISTRATIVE RULES (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 11 ; (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 at chapter heading for Env-A 1800) #9298, eff 10-21-08 shall : Env-A 1809.06 Trainin Provider Responsibilities. Each training provider approved under these rules (a) Comply with tile recordkeeping requirements for training providers as set forth in the MAP; (b) Retain records ofthe 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 ofbirth ofeach 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 fromthis 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) Allowa 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 Env-A 1809.03 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) ofthe course; and

29 Env-A 1800NI?WI InMPSI IIR1~ CODE ()1' AllMINIS I'RA TIVI, Itl ll,l?S (2) I hc name_ d;ilc uf birlh, and exam grade for oach altcndee. Source . (Sec Revision Note at ch;ipter [leading for 1?11v-A 1800) 119298, cfl' 10-21-08 I?nv-A 18(ri) .07 npplication Proccs (a) I'hc department shall process applications in accordance with KSA i41-A29. (h) Ifhc dcp;irtment shall deny any application that : ( I ) Does not include the information required by Env-A 1809.02 and Env-A 1809.03; or 12) Contains false or fraudulent information. (c) ]'lie clcpar(ment shall notify (lie applicant of its decision in writing. If the application is denied, tile notice shall specify the rcason(s) fur denial and be sent to the applicnnl by certified mail . (d) 11' (lie applicant wishcti to ;ippcal tile decision, file applicant shall file such appeal following tile procedures set forth in I',nv-n 1809, 10. tiourcc.. (See Revision Note at chapter heading for kAnv-A 1800) 119298, eff 10-21-08 I ;nv-A 1809.08 I)uration and Renewal ol"Fraining, Provider Approvals. (a) 'I'raining provider approval shall be effective for one year from the date ol~ issuance as indicated on the \n~ritten approval

. (b) If thc training provider wishes to renewthe approval, the training provider shall : ( I) Submit a completed application for renewal, no later than 30 days prior to the expiration date of Ihc current approval, including: n. Information as set forth in Env-A 1809.02(i) and l :nv-A 1809.04(a), (b)- (d), and (g), without reference to previously submitted matcrial ; b. Information as set forth in 1'snv-A 1809.02(d), (c), (t), (g), (h), (j), and (k) and Env-A 1809.04(c), that has changed fromthe original application; and c . Information as set forth in 1?nv-A 1809.02(d), (c), (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 .

30 Env-A 1800NEW HAMPSHIRE CODE OP ADMINISTRATIVE RULES (c) The department shall not accept an application received 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 at chapter heading for Env-A 1800) #9298, eff 10-21-08 Env-A 1809.09 Suspension, Revocation, or Refusal to Renew Approval as a Trauning Provider . (a) If tile 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 ofthe 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 ofthe 16" working day from the date ofthe 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 conformto applicable requirements. (e) Ifthe 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 ifthe 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) can not be corrected so as to conform to applicable requirements.

31 Env-A 1800NF .WI IAMPSI IIRI ; CODI ; OFADMINISTRAFIVE RULES ) II Ihc department revokes u trnining provider approval, file dcpnrtment shall nolify the Iriining provider in writing ofthc revocation and tile reason(s) thcrclior. (h) 11,111C dcpartmcnt ohlains credible inlurmation indicating that a reason exists to sospcrid or revoke a training provider approval as specificd in (i), below, while an application fi>r renewal of a lraining providcr approval is pending, (lie department shall inl'orm tile training provider of the information and oflcr an opportunity Ibr tile trnining providcr to respond lo the infurmation prior to a decision being madc on the ~ipplication for renewal . (i) A training provider approval shall be suspended or revoked if: ( I ) The tr.iining provider is not conducting training that meets the requirements of Bnv-A 1809.(l2 or I' .nv-A 1809 .03; or (2) The training providcr has f,iilcd to comply with Fnv-A 1809.06 . Source. (See Itcvision Note at chapter heading for I ;nv-n 1800) 119298, cff 10-21-08 I?nv-A 1809.10 Appeal . A training provider aggrieved by u department decision made put:Suant to linv-A 1809.09 who wishes to appeal the decision shall appeal to the air resources council in accordance with the rules adopled by that council, I?nv-AC 200 . Source_ (See Revision Note at chapter heading for FAIv-A 1800) 09298, efl' 10-21-08 PART Fnv-A 1810 LICENSING AND CERTIFICATION FOR ASBESTOS ABATFMFNT AND SCHOOL ASBESTOS ABATEMENT PLANNING I?nv-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 AHEM regulations promulgated by EPA, individuals who conduct asbestos inspections of schools, or provide services as an asbestos mamagcmcnt 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 destgncr . (c) I :ach individual to whoma 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 Gnv-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 at chapter heading for Env-A 1800) #9298, eff 10-21-08 Fnv-A 1810.02 Exemptions. (a) Any individual, other than a maintenance worker, who performs only minor asbestos abatement projects as defined in Fnv-A 1802.41 shall he exempt from the requirement to obtain an entity license in 32 Env-A 1800NEW HAMPSHIRE CODE OF ADMINISTRATIVE RULES accordance with Env-A 1810.12, provided such individual holds a valid asbestos abatement worker or supervisor certificate issued pursuant to Env-A 1810.13 or Env-A 1810.14 and complies with Env-A 1805 .07 and 1805.08(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 1810.12 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 CFR763 .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 1802.54. Source. (See Revision Note at chapter heading for Env-A 1800) 49298, eff 10-21-08 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) Acomplete application shall include: (1) The informaiion specified in Env-A 1810 .04and Env-A 1810.12 through Env-A 1810.17, as applicable, on an application form obtained from

the department ; (2) The signature and certification required by Env-A 1810.05; (3) If the applicant is an individual, 2 clear, unmutilated, and unstapled 2-inch by 2-inch color photographs 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 Env-A 1810.12(b)(4) ; and (6) The appropriate application fee as set forth in Env-A 1810.08. 33 Env-A 1800

## NFW I IAMhSI Illzl . Cc)nl, OFADMINISTItATIVF RULES

(c) An applicant may submit a combination application for asbestos inspector, ,ishestos management plunncr, and projcci 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 lime

. Any applications received separately I'rom the sturne applicant shall be treated as separate applications. 

### Source._ (See ltcvision Note al chapter heading for I?nv-A 1800) #9298, elf 10-21-01; I?nv-A 18 10.04 lnliirmation IZequircd for All Applicalions. I?ach applicant shall supply tile following inli~rmnlion on the application form : (a) ]'he name . mailing ,iddratis, daylintc telephone number, and date ol~birth ofthe applicant ; (h) I'hc name, mailing address, and daytime telephone numher of the employer or principal place of husincss of the applicant

; (c) The type of ccrtilication being requested: (d) A list of' each agency that has certilicd tile applicant, if any, and for each such agency, tile following infOl-Illation :

( 1) I'he name and address ol~the agency that issued file eertification, (2) The name, title, and daytime telephone number am(, it' available, an c-mail address, ol' tile individual at the agency who can be contacted regarding the requirements that must he met in order to receive certification fromthat agency; (3) The type ofcertification issued; and (4) l'he dates Of' issuance and expiration of the certification; and (c) A list of all state or federal enforcement actions against the applicant with regard to asbestos abatement or planning Nvork, if any, and for each action, the following information:

( I) The name and address ofthc agency that initiated the enforcement action; (2) The date of the action; (3) Whether the action has been resolved; and (4) 1 f the action has been resolved, when and how the action was resolved. Source. (See Revision Note at chapter heading for Env-A 1800) #9298, eff 10-21-08 Env-A 1810.05 Signature and Certification Required for Applications. (a) The application shall be signed 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 : 34 6nv-A 1800NEW HAMPSHIRE CODE OF ADMINISTRATIVE RULES (1) The applicant has read, and understands, the New Hampshire asbestos management rules; (2) The application has been prepared in conformity with this chapter : and (3) All information contained in the application, including any supplements attached, is true and correct to the best ofthe knowledge and beliefof the signor. Source. (See Revision Note at chapter heading for Env-A 1800) #9298, eff 10-21-08 Env-A 1810.06 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 that is :

(1) In writing; (2) Signed by the certificate holder ; (3) Accompanied by 2 photographs as specified in Env-A 1810.03(b)(3) ; and (4) Accompanied by the appropriate application fee as set forth in Env-A 1810.08(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 at chapter heading for Env-A 1800) #9298, eff 10-21-08 Env-A 1810.07 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 1810.12, Env-A 1810.13, EnvA 1810.14, Env-A 1810.15, Env-A 1810.16, or Env-A 1810.17, 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 1810.08. (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 ofan application to renew . (d) The department shall not accept an application for renewal of a license or certification more than 60 days before expiration ofthe current license or certification.

35 Env-A 1800NGW I InMI'SI IIRI ; (Y)DI', ()1' nDMINIS'1'RA fIVI : RULES (c) I)cp:utnlcnt action on tile rcncw,il application shall be in accordance with RSn 541-A :29. _Source, (See Revision Note at chaptcr heading lor I ;nv-A 1800) 119298, cff I()-21-(18 I ;nv-n 1810.08 n~plic,ition I'ccs. (a) n non-refundable application fee in the form of cash, company check, certified check, or money ordcr ;hall accompany ca. ;h license or cortificalion application. A company check, ecrtilied check, or money order Shall be made pnyuhic to -Treasurer, State ofNew 1-lampshire" . (1,) The fees for each category of license and certification application shall be as follows: (1) For an ashestos abatement entity, an initial licensing fee of'$ 1,000 and an annual renewal fee of $750; (2) I`or an asbestos ahalcment site supervisor, an initial certification fee of $200 and an annual renewal fccof~$200: (3) I'or an asbestos abatement worker . an initial certification Ice of $50 and an annual renewal icc ol'$50; (d) For an asbcslos inspector, an initial certification Icc ol'$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 ofa lost or stolen certificatc, a The of $20

. Source. (See Revision Note at chapter heading for Gnv-A 1800) #9298, eff 10-21-08 Env-A 1810

.09 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:

The department's intended action; ------- Formatted: Bullets and Numbering ) The reason(s) for the intended action; and " ------- {Formatted: Bulletsand Numbering (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 fromthe date ofthe department's notice
. 36 Env-A 1800NEW HAMPSHIRE CODE OF ADMINISTRATIVE RULES (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 ad_judicative 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 ofthe 16'h working day fromthe date ofthe 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 conformto applicable requirements. (e) Ifthe 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) Informthe 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) can not be corrected so as to conformto 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) Ifthe 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 informthe license or certification holder ofthe 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 ofthe 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

37 Env-A 1800NFW I IAMI'SI IIR1 : C'()DI ; ()1' ADMINIS'1'RA'(IVI? RUL,I?S (4) File applicant, license holder, or ccrtilicution holdcr has dcmonstratcd an inahility to complN with any applicable Icdcrul or state standard for asbcstos projects. Source. (See Revision Note ;d chapter hca(jing for knv-A 1800) 119298_ cff 10-21-08 I :nv-A 1910.10 AlMe-tl . A license or certification holder aggrieved by a department decision made pursuant to h

;nv-A 1810.09 who wishes to appeal the decision shall appeal to the air resources council in accordance wilh tile rules adopted by that council, Env-AC 200. Source. (See Revision Note at chapter heading for Env-A 1800) #9298, eff 10-21-08 linv-A 1810. 1 1 I :xpiration. I ;ach license and certification issued under this chapter shall expire on the sooner of' : or (a) One year fromthe date of issunncc, unless tile license or certification is revoked prior lo that dale ; (h) I'lic expiration of the iraining certificate filed with the initial or renewal application. Source, (See Revision Note al chapter heading for I?nv-A 1800) ti9298, cfT 10-21-08 I?nv-A 1810.12 Asbestos Abatement- I :nti~~_Licensing Rcquiremcnts. (a) An asbestos abatement entity shall not engage in any asbestos abalement pro_ject in New I lampshire without first:

(1) Being licensed to do so under the provisions ofthis chapter, unless it is exempt as specilied in 1?nv-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 l :nv-A 1810.03(b)(1) from an applicant for an asbestos abatement entity license shall be as follows:

(I) A list of the names and addresses of the responsible person(s) of the applicant, as defined in Env-A 1802.50, and all individuals in management of the entity having primary responsibility for, and control over, the asbestos abatement work ofthe applicant; (2) A list of all names, acronyms, or other idcntifiers 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-certilied asbestos abatement supervisors in the applicant's employ at the time of application; and (4) Documentation that a responsible person, as defined in Env-A 1802.50, 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. (c) Each asbestos abatement entity to which the department issues a license shall :

38 Env-A 1800NEW HAMPSIIIRE CODE OF ADMINISTRATIVE RULES (1) 1-lave a current copy of this chapter available at all active asbestos abatement worksites; (2) Retain for 30 years all business and personnel records I'or 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 a asbestos abatement supervisor who is certified in accordance with Env-A 1810.13 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 ofthis 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 renewan asbestos abatement entity license annually provided the license holder meets the license renewal requirements specified in Env-A 1810 .07, and provides the following: (1) A current list of New Hampshire-certified asbestos abatement supervisors in its employ ; (2) A list ofprojects 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 1802.50 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 at chapter heading for Env-A 1800) #9298, eff 10-21-08 Env-A 1810.13 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 NewHampshire without first being certified as an asbestos abatement supervisor 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 supervisor shall include documentation that the applicant has:

(1) At least 12 months of asbestos abatement work experience ; and

39 Env-A 1800

## NFw I1nMl>sl Inzl ; C<~t)I~: t)r n1~MINls'rlin~rlvl : Izul,r.s (2) Attended and completed an approved Iraining course for asbestos abutement contractors and supervisors as outlined in I?nv-n 18()9.03(g) and (i), with a score of'70 percent or greater on the required written examination. (c) I'hc department shall renewan asbestos abatenient supervisor cer(ilic;ttion annually provided the cerlilicntc holder meet,,, tile requirements I'or certification renewal spccificd in I :nv-n 1810.07, and provides file following:

( i ) Documentation that the applicant has attended and completed an approved asbestos abatement supervisor annual reviewcourse as outlined in I?nv-n 1809.03(j), with a score of 70 percent or greater on the required written examination ; and (2) n list ol' pro.jects supervised by the applicant within the last 12 months which includes the dato of~project, numc of~project owner, contact person, and telephone number . Source._ (See Revision Note at chapter heading Ror I'.nv-n 1800) 119298, cIT 10-2 I-08 I?nv-n 1810.14 nsbeslciti .nbaletncnt_WorkerCertification Requirements, (a) I :xccpt as exempted by I~,nv-n 1810.02, no individual shall pcrlbrm as an asbestos ahatement worker in New

I lampshire without first being certilicd as un asbestos ahatement worker under the provisions of this chapter. (b) The information required by I?nv-n 1810.03(b)(1) from an applicant for certification as an asbestos abatement worker shall include documentation that the applicant has attended and completed all approved training course for asbestos abatement workers as outlined in l?nv-A 1809.03(g) and (h), with a scorc of~70 percent or greater on the required written examination. (c) The department shall renewan asbestos worker certification annually provided the certificate holder : (1) Meets the requirements for certification renewal specified in Gnv-A 1810.07 ; and

(2) Provides documentation that the applicant has attended and completed an approved asbestos abatement worker annual reviewcourse as outlined in Gnv-A 1809.03(j), with a score of 70 percent or greater on the required written examination . Source
. (See Revision Note at chapter heading for Env-n 1800) #9298, eff 10-21-08 1?,nv-A 1810.15 Asbestos Inspector Certification Requirements (a) No individual shall perform any asbestos inspections of schools in New Hampshire without first being certi fied as an asbestos inspector under the provisions of this chapter. (b) The inl'onnation required by Env-A 1810.03(b)(1) from an applicant for certification as an asbestos inspector shall include 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 cxamination; and

40 Env-A 1800NEW 1-IAMPSHIRE CODE OF ADMINISTRATIVE RULES (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 renewan asbestos inspector certification annually provided the certificate holder : (1) Meets the requirements for certification renewal specified in Env-A 1810.07; and

(2) Provides documentation that the applicant has attended and completed an approved asbestos abatement inspector reviewtrainung 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 at chapter heading for Env-A 1800) 49298, eff 10-21-08 Env-A 1810.16 Asbestos Management Planner Requirements. (a) No individual shall function as an asbestos management planner for schools in NewHampshire without first being certified as an asbestos management planner 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 management planner shall include 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 minimumof an associate degree or certificate of completion of a 2-year programin : 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 minimumof 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 renewan asbestos management planner certification annually provided the certificate holder :

(1) Meets the requirements for certification renewal specified in Env-A 1810.07; and

41 Env-A 1800NI,WI IAMPSI IIRI! ('t)I)I : ()1' Af)MINIS IIZA'I'1V1 : Rlll .la (2) Provides documentation that the applicant has attended and Completed an approved asbcsios manu~cmcnl planner annual rcvicw truining course as outlined in I?nv-A 1809 .03(I), with it score of 70 percent or grc.rter on the required written examination. Source. (See Revision Note at chapter heading for I?nv-A 1800) 1;9298, cl'I~ 10-21-08 ;m-A 1810.17 Asbestos Project DesignierRequin (a) No individual shall function as an asbestos project designer for schools in New I lampshire without lirst hcing certilicd as an asbestos project designer under the provisions of this chapter. (h) ['he information required by Env-A 1810.03(b)(I) from an applicant for certification as an asbestos projcct designer shall include docurrnentation that the applicant has :

( I ) Attended and completed ,m approved asbestos abatement pro jcct designer course as Outlined in I?nv-A 1809,03(g) and (i), with a score of' 70 percent or grcuter on the required written cVunin,ition: and (2) One ol'Ihc lullowing combinations ofcducaliott, truning, and professional registration: a. Al least 12 months experience in asbestos abatemcnt and a bachelor's degree in industrial hygiene, occupational health, environmental science, biological or physical science or a closcly related kcld; h. AI 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 asbcstos abatement design . (c) The department shall renewan asbestos abatement project designer certification annually provided file ccrtif-icotc holder :

(I) Meets the requirements lot- certification renewal specified in Env-A 1810 .07 : and (2) Provides documentation that the applicant has attended and completed an approved asbestos abatement project designer annual reviewtraining course as outlined in Env-A 1809.03(j), with a score o1~70 percent or greater on the written examination. Source
. (Sec Revision Note at chapter heading for Env-A 1800) 49298, eff 10-21-08 Env-A 1810.18 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 NewHampshire, 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 Gnv-A 1810.03; and 42 Env-A 1800NEW HAMPSHIRE CODE OF ADMINISTRATIVE RULES (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 at chapter heading for Env-A 1800) #9298, eff 10-21-08 PART Env-A 181 1 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 that disturb asbestos at asbestos disposal sites to be licensed. Source. (See Revision Note at chapter heading for Env-A 1800) #9298

. eff 10-21-08 Env-A 1811 .02 Applicability. Except as specified in Env-A 1811 .03, any contractor, employer, or individual that disturbs asbestos at an asbestos disposal site shall hold a valid license issued pursuant to this part . Source. (See Revision Note at chapter heading for Env-A 1800) #9298, eff 10-21-08 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 ofmaterial disturbed shall not exceed one cubic foot ; (3) The area ofdisturbance shall not exceed 3 square feet ; (4) The work shall be completed within 2 hours of being initiated;

43 Env-A 1800

## NI :W I ]AM l>511uz1 ; coIA

r . (>r nDMINISflznV]vl : lzul .la (5) The enlitv or individual shall assure that tile local liculth ol'liccr is nolified helbrc the work commcnccs and that the local health oflicer and the department arc provided access to the work site fiir inspection: (6) The work shall he done in u iuanner that prevents the release of asbestos fibers and in accordance with other Icdcral, stale, and local requircments, including (lie requirements identified in I ;nv-n 1801 .01(b) ; and (%) fhe work shall not he part of a larger project that is being segmented into small-scale, shortduration lasks: and (d) kntitics and individuals removing non-friable asbestos only firomthe ,,round surface to a container fur disposal, subject to (lie li~llowin); conditions:

( I ) [' lie activity shall not involve excavation below the ground surluce: (2) I hc activitv shall not involve contact with friahle asbestos or asheslos that exhibits friable charactcrislics; and (3) I'hc work shall he done in a manner that prevents the release of asbestos libers and in accordance with other federal, state, and local rcquirements. including the reyniremcnts identilied in I?nv-n IR01 .01(b) . tiowrce. (See Revision Note at chapler hcading Ibr 1?nv-n 1900) 119298, ell' 10-21-08 I?nv-A 18 11 .04 Applicationslitrl,iccnsure. (a) I?ach entity and individual seeking a license to disturb asbestos at an asbestos disposal site shall apply in writing to the department, on a form obtained from the department . (b) The applicant shall provide the li>Ilowing information: ( I ) The applicant's name, mailing address, and daytime telephone number ; (2) Whether the applicant is an individual or amentity, and, if an entity, whether the applicant is a corporation, partnership, political subdivision, or other kind of association or organization; (3) If the applicant is an individual, the applicant's date of birth; (4) 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; (5) If the applicant is an entity, then for each of its responsible persons, the individual's: a. Name and titlc; b . Date ol'birth; and c. nddrcss; (6) The name, title, mailing address, and daytime telephone number of the individual affiliated with and designated by the applicant to be contacted regarding the application;

44 Env-A 1800NEW HAMPSHIRE CODE OF ADMINISTRATIVE RULES (7) The name of each responsible person who fulfills the licensing requirement specified in Env-A 1811 .08(b), plus the following additional information about each such individual : a. Title and principal duties ; b. Mailing address; c. Telephone number ; d. Date of birth; and e . Current certificate number; (8) Identification of all certifications and licenses, both past and present, issued to the applicant pursuant to He-P 5008, He-P 5011, Env-A 1810, or Env-A 1811 ; (9) 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; (10) 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 : a. Name; b. Date of birth; c. Position title; d. Business mailing address; e . Business telephone number; f. If the individual is certified pursuant to Env-A 1812, the certificate number and expiration date; g. 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 h . 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. (c) The application shall be dated and signed as specified in Env-A 1810 .05 by the applicant and each responsible person whofulfills the licensing requirement specified in Env-A 1811 .08(b) . (d) An application fee of $250 shall accompany each application for licensure. Payment shall be in the formof 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 at chapter heading for Env-A 1800) #9298, eff 10-21-08

45 Env-A 1800NI?wI IAMI'sl lIRli ('()L)1 ; ()l~ AnMINIS'f1ZA'rlvl ; ItULI .S

I'm-A I RI I .Oi Reviewand Decision. (u) Applications shall he revicwed by the deportment in uccordance with IZSn 541-A:29 . (h) I'he department shall deny imapplication for licensurc if tile applicant: (I) Submits incomplete ittlorm,uiun in tile applic,llion, and h,rs not corrccled the omission despite notification pursuant to 16A .541-A29, 1: (2) Submits material information in the application that is fildsc or misleading: (3) Does not meet the requirements for Gcensure specified in I ;nv-A 1811 .08: (d) I lolds a license or certification that is currently under suspension or that has been revoked pursuant to this chapter or I le-P 5000; (5) Meets any of the criteria for denying a license application specified in I?nv-(' 209.02; Or (6) I las a pcrlbrmance historN, including violations hy the applicant or its responsible persons of any state or Icdcral environmental, health, or satcly requirement that relates lo the tyre of work for which licensure is sought, that causes the department lo conclude that the applicant will not be able to comply with these rules. (c) A license shall : ( I ) 13c issued in writing Rbr the lype ohwork the applicant is ~luafiliud to perform : (2) 13e dated and signed by the commissioner or the commissioner's designee: (3) 13c valid for a period of 12 months fromthe date of issuance; (4) Include the name and address ofthe applicant; (5) Include such terms and conditions as necessary to protect public health, safety, and the cnvironrnent ; (6) Bear a uniquc identification number : and (7) 13c non-transfcrable. (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 Ibr obtaining licenses, permits, training, or other approvals fior the work to be performed. Source. (See Revision Note at chapter heading for Env-A 1800) #9298, eff 10-21-08 Env-A 181 1 .06 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

46 Env-A 1800NEW HAMPSHIRE CODE OF ADMINISTRATIVE RULES (1) The underlying problem(s) cannot be corrected or eliminated; or (2) The underlying problem(s) were created by the license holder knowingly or intentionally. (c) The department shall suspend a license if good cause exists to suspend or revoke the license, as provided by (d) below

: and ( I) Given time to do so, the license holder can correct or eliminate the underlying problem(s) ; and (2) The underlying problem(s) were not created knowingly or intentionally by the license holder. (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 ofthe 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 at chapter heading for Env-A 1800) #9298, eff 10-21-08 Env-A 1811 .07 License Renewal . (a) A license holder wishing to renewan expiring license shall apply in writing on a form obtained fromthe department that includes the following information:

(1) All application information required in Env-A 1811 .04(b) ; (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

47 Env-A 1800NI?WI IAMPSI IIIZI? Ct)U1 ; ()l~ AUMINIS fRA I'IVI : Rll1,FIS

1'. 1'rojcct sile sopcrvisor (h) Fhe application to rcncNNan expiring license shall be dated and signed as specified ill km,-A 1810.()5 by tile applicant and each responsible person fulfilling tile licensing rcquirctnent specified in I'nv-A 1811 .08(h) . (c) An application fee ol 9;250 shall accompany cach application

. Payment shall be in tile formof' atsh. company check, ceriilied check, or money order

. A company check. certified check or moncy order sh,tii be made ptryabic to "'I'rcasurcr, State ofNcw I latrnpshirc" . (d) An application to renew an expiring license shall he submitted to the department no more than 60 day~ prior to ilic liccnse expiration dale . (c) ['lie department shall process applications to renewan expiring license in accordance with I?nv-A 181 1 .1)5. (1) An expiring license that is under suspension shall not be renewed hefiore all terms and conditions of' file suspension have been 1,1111v satisfied . Source. (See Revision Note al chapter heading lior I{nv-A 1800) 119298, cff 10-2 1-08 I',nv-A 181 1 .()8 Requirements llor I,iceti-sure. (a) License holders shall be registered and in good standing to do business in NewIlatnpshire, as required by 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 mattcrs, and is certified pursuant to l :riv-A 1812. (c) License holders shall not undertake any work under the authority of thc license unless: ( I ) The work is actively supervised at all times by at least one individual who is certified as an experienced worker pursuant to I :nv-A 1812 and meets the requirements of'a competent person as specified in 29 CPR 1926.1101 or an on-site supervisor as specified in 29 CI'R 1910.120, or both ; (2) The work is performed by individuals who hold a valid certificate issued pursuant to Gnv-A 1812 and are competent to performthe work; (3) At the work site, the number of workers who are certified as workers-in-training pursuant to I ;nv-A 1812 does not exceed 2 times the number of workers who are certified as experienced workers pursuant to Env-A 1812; (4) rhe 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 arc 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

48 Env-A 1800NEW HAMPSHIRE CODE OF ADMINISTRATIVE RULES (6) A current copy of Env-A 1801, Env-A 1802, Env-A 1811, Env-A 1812, and Env-A 1813 is available for reference by workers al 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 1926.1 101(n) ; (2) 29 CFR 1910.1001(m) ; and (3) 29 CFR 1910.1020. Source. (See Revision Note at chapter heading for Env-A 1800) #9298, eff 10-21-08 PART Env-A 1812 CERTIFICATION OF ASBESTOS DISPOSAL SITE WORKERS Env-A 1812.01 Pur p

ose . The purpose of the rides in this part is to implement the provisions in RSA 141-E:1 1 that require individuals who disturb asbestos at asbestos disposal sites to be trained and certified. Source. (See Revision Note at chapter heading for Env-A 1800) 49298, eff 10-21-08 Env-A 1812.02 Applicability. Except as specified in Env-A 1812.03, any individual who disturbs asbestos at asbestos disposal sites shall hold a valid certificate issued pursuant to this part . Source. (See Revision Note at chapter heading for Env-A 1800) #9298, eff 10-21-08 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, shortduration tasks. 49 Env-A 1800NM IInMPSI IIRI . CON: C)I' i1llMIN15l'Itn'I'IVI? IZl)I,ES (h) nn indi\idual shall not be rcyuirud to hold a valid ccrli(icatc issued pursuant to this part in order to remove non-friable ;ishcslos only from the ground surl'ace to a container lur disposal, subject to tile lullowittg conditions:

( I ) ]'lie ;ictivily shall not involve excavation below the ground surfacc: (2) fhe activity shall not involve contact with friable asbestos or asbestos that exhibits friable rharactcristics; c., :d (3) I'lie work shall he done in a manner that prevents the release of asbestos fibers and in accordance with other f'ederal, state, and local requirements, including those identified in Fnv-A 190 1 .01(b) . S ource. (See Revision Note at chapter hcading Ibr I ;nv-A 1800) 119298, el'f 10-21-08 Fnv-n 1912 .04 AU) ~~lication (itr (_crti,(icatiun. fhc fi>Iluwing provisions shall apply lu individuals sceking certilication for (he (irst time, individuals secking re-certification more than oneyear after their most recent ccrtilication has expired, and individuals seeking re-ccrti(ication after their most recent certi(icatiun has been revoked: (a) An individual seeking certification to disturb asbestos al an asbestos disposal site shall apply in writing to the department on a formobtained fromtile dcpnrlrncnt ; (b) The application shall include the (ollowing: ( I ) Name, mailing address, daytime telephone number, and date of birth ofthe applicant ; (2) Name, address, and daytime telephone number of each entity or individual licensed, or to be licensed pursuant to I ;nv-A l811, with whomthe applicant is currently employed or otherwise associated for the perlbrmvicc ofwork involving the disturbance of asbestos at asbestos disposal sitcs; (3) A list of all state or federal enforcement actions, both past and pending, against the applicant with regard to environmental, health or safcty activities, and the current status of each such enfi>rcement action; (4) Identification of all certifications and licenses, both past and present, issued to the applicant pursuant to He-P 5008, He-P 5011, He-11 5012, 1?nv-A 1810, Env-A 1811, or Env-A 1812, and the current status ofeach ; (5) Whether the applicant is seeking certification as an experienced worker or a worker-intraining, 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 training provider(s) under the penalties of RSA 641 :3, showing that the applicant attended and completed basic training in accordance with Env-A 1813;

50 Env-A 1800NEW HAMPSHIRE CODE OF ADMINISTRATIVE RULES b. A statement by the applicant attesting that he/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 under the penalties of RSA 641 :3 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 1810.05. (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 NewHampshire" . Source. (See Revision Note at chapter heading for Env-A 1800) 49298, eff 10-21-08 Env-A 1812.05 Revi ew 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, 1 ; (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 ofissuance; (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; 51 Env-A 1800NI!WI IAMPSI IIRI ; C()1)I ; OI' AllMIN15'I KA'I'IVI ; RIII,I :S (b) 13co-rr a unique identification nonibcr; and (7) Ile non-Ir ;rnsl'errhlc . (d) issuance uf,r certilication shall not eliminate any obligation ol'the ccrtilicate holder to comply with amolhcr Icderul, stale, or local requirements for the rcrfortnance of lhe work, including any obligation to ohurin additional Iraining and certifications . licenses, permits, or other approvals. Source. (Sec Revision Note at chapter heading for l ;nv-A 1800) 119298, cff 10-21-08 I :n\--A 1812 .06 Suspension and Revocation . ( .r) ['lie department shall initiate an action to revoke or suspend a cerlification issued pursuant to this part in accordance with RSA 541-A:30 and the applicable provisions of1?nv-C 200. (h) I'he department 1h;rll revoke a certification if guod cause cxitits to SLISI)CIld or revoke tile certilic.rliun, as provided by (d) below : and 11) I'hc undcrlyinp, problem(s) cannot lie corrected or eliminated: or (2) I'hc underlying problem(s) were created by the ccrlilicatc holder knowingly or intentionally, (c) The department shall suspend a ccrtilication if' good Causc exists to Suspend or revoke tile certification, as providcd by (d) below : and ( I ) Given time to do so, the certificate holder can correct or eliminate the underlying prohlem(s) : and (2) The underlying problcm(s) were not created knowingly or intentionally by the certificate holder . (d) Good cause to suspend or revoke a certification shall exist il'the certificate holder: ( I ) Obtained the certification based on false or misleading material information; (2) Chcated on the examination; (3) Violated the safe work practices prescribed in state and federal asbestos regulations; (4) 1las 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 renewa certification application specified in Gnv-C 209.03; (6) 1-las Failed to comply with these rules or the terms and conditions of the certification; or (7) I ]as 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 . (Sec Revision Note at chapter heading lox Pnv-A 1800) #9298, eff 10-21-08

52 Env-A 1800NEW HAMPSHIRE CODE OF ADMINISTRATIVE RULES
Env-A 1812.07 Certification Renewal . (a) A certificate holder wishing to renewan expiring certification or a certification that has been expired for less than one year, shall apply in writing to the department, on a formobtained 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 ofthe property owner ; c. The name, address, and telephone number ofthe license holder for whomthe certificate holder performed the work; d. The name, address, and telephone number ofthe project site supervisor ; e. The date the project commenced and the date the project was completed; and f. The nature ofthe 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 froma 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 renewan expiring certification shall be dated and signed as specified in Env-A 1810.05 by the applicant . (c) An application fee of$50 shall accompany each application. Payment shall be in the formof 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 renewan expiring certification shall be submitted to the department no less than 45 days and no more than 60days prior to the expiration date of the certification. (e) Applications to renewan 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 ofthe suspension are fully satisfied. Source. (See Revision Note at chapter heading for Env-A 1800) #9298, eff 10-21-08

53 Env-A 1800

## NEW I IAMhsI nRl : C()nr-. (>F nuM1Nl1)'rxA flvl : Rul,ls

1 :n\,-A 1812.08 Itcquircmcnts liir('crtificalion

. (a) No iudividuul shall be granted a certification pursuant to this part, unlcss the individual has: (1) Completed training in accordance with I!n\-A 1813; (2) Itcud ,rrnd cotnprchundcd all infurtnatiun providcd in a ducumcnt published 11\1 tile dcParlillcut in May. 2000, titled : (iuidancc Ior Managing Asbestos Disposal Sjtcs; and (3) Scored 70 percent or better on an examination in accordance with linv-A 1813.03(c) . (h) An individual shall be certified as either an experienced worker or a worker-in-training, as to] lows: ( I ) I?xpcricnced workers shall be those individuals who have successfully performed at least 40

hours of' work involving the disturbance of ashestos at asbestos disposal sites according to tile following : a. Fur work experience accrued on or after May 22, 2001, the individual shall have perfi>rmed the work under the supervision of an individual who is certificd as en experienced worker pursuant to these rules and who mecls the requircmctt1s of' either a competent person ,is defined in 29 ('FR 1926.1101 or an on-site supervisor as dcfincd in 29 CTR 1910.120, or holh ; and b. For work expcricnce accrued beliore May 22, 2001, the individual shall have perfiormcd file work cither : I . As a competent person as specified in 29 CFR 1926.1101 or as an on-sitc Supervisor as dcfined in 29 CFR 19 10.120, or both; or 2. Under the supervision of a competent person as specified in 29 CFR 1926.1 101 or an on-sitc supervisor as specified in 29 CFR 1910.120, or both; and (2) Workers-in-training shall be those individuals who have not yet met the experienced worker requirements specified in (I) above. Source. (See Revision Note at chapter heading for Env-A 1800) #9298, eff 10-21-08 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 181 1, unless the work is license-exempt work pursuant to Env-A 1811 .03. Source. (See Revision Note at chapter heading for Env-A 1800) #9298, eff 10-21-08 Env-n 1812.10 Upgrading a Worker-in-Training Certification. (a) The department shall upgrade a current worker-in-training certification to an experienced worker certificatiorn following receipt of a written request 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 ; 54 Env-A 1800NEW HAMPSHIRE CODE OF ADMINISTRATIVE RULES (2) A written record, dated and signed as specified in Env-A 1810.05 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 1810.05 by the individual(s) who supervised the work, attesting that the certificate holder is competent in the performance of his/her certification-related duties. (b) The certification upgrade shal I be issued in writing to the applicant . Source. (See Revision Note at chapter heading for Env-A 1800) #9298, eff 10-21-08 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 renewa 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 at chapter heading for Env-A 1800) #9298, eff 10-21-08 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 at chapter heading for Env-A 1800) #9298, eff 10-21-08 Env-A 1813 .03 Trainine Requirements . (a) The following individuals shall be trained pursuant to the basic training programrequirements 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 5012 or Env-A 1812; and

55 Env-A 1800NI?WIIAMI'SI IIRI? ('t)I)1? OFADMINISTRATIVI : RULES (d) Individuals wishing to obtain cerlificalion who have failed the post-Iraining exumirn,itiun, ,is provided in Fnv-A 1813.06-1 consecutive times. (b) 1'liC fulluwing individuals shall satisl~y the annual rcl~rcsher training requircments in I?nv-A IN 13.05 prior to applying for ccrtificalion renewal pursuant lo linv-A 1812:

( I ) Individuals holding an expiring certificate issued pursuant to I?nv-A 1812: and (2) Individuals holding a certificatc issued pursuant to I :jiv-A 1812 that has been expired !or one year or less before the date au application for rcncwal is submittcd pursuant to h,nv-A 1812. (c) Afler Iraining pursuant to either (a) or (b), above, is completed, and within 6 months prior to filing an application to obtain or renukv certification .

the trainee shall take and pass an examination as specified by I~,nv-A 1813 .00

. Source. (See Revision Note at chapter heading lot- Pnv-A 1800) It9298, cff 10-21-08 I?nv-A 1813.04 Basic Training Program . (a) Basic training shall tic obtained through a program, or Combination ol~ programs, that covers no less than the Iblluwinl! topics through a combination ol~ lecture, interactive presentation, and hands-on activity: (1) Asbestos idetriification, spccifically including tile identification of asbestos at asbestos

disposal sites located in New I lampshire; (2) I listory, characteristics and location of asbestos disposal sites in New Hampshire ; (3) I luman hcalth effects due to asbestos exposure, including the relationship to smoking and contact infbrmation Ibr smoking cessation: (4) Relevant Icderal, state, and local regulations, including Env-Sw2100; (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-Sw2100; 56 Env-A 1800NEW HAMPSHIRE CODE OP ADMINISTRATIVE RULES

i . Sampling techniques ; and _j . Managing site emergencies; and (8) Best management practices for maintaining closed sites and protecting public health. (b) The basic trauting programshall be taught using a combination of lecture, interactive presentation, and hands-on activity . Source. (See Revision Note at chapter heading ('or Env-A 1800) 49298, eff 10-21-08 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) Reviewof written materials and other information obtained during basic training; (2) Reviewof 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 at chapter heading for Env-A 1800) #9298, eff 10-21-08 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 70percent 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 at chapter heading for Env-A 1800) #9298, eff 10-21-08 57 Env-A 1800

## NEW I IAMIIsIIllzr CODE ()I AnM1NIti raArlVl : tzu1.1 :S

f>nR'I I .m-n 1814 wAIVIiRS I'KC>MI .ICIINSUIZI? Rul .l?s I?nv-n 1814 .01 Purpose

. The rules applicable to asbestos licensurc are intended to apply lo a vancty of situations. II is rccugnired that strict compliance vvith all such rules proscrihcd may cause hardship or not tit uvcr\ conceivable situation. Pursuant to RSA 541-A:22, IV, the department establishes these proccdures and critcria to accommudalc those situations where strict adherence aVould nol be in tile best inicrest Of the puhlic. Source. (See Revision Note at chapter heading for Fnv-A 1800) 49298, clT 10-21-08 Fnv-A 181d.02 Pruccdures for Requestinj~aWaiver
. W) nn)' person Who is or would he directly affcctcd by the strict application of a rule in Fnv-A I810, I :nv-A 1811, I!nv-A 1812, or Fnv-A 1813 may request ,i waiver thereof . (h) ILach request lor ir rule waiver shall be in writing

. (c) liach request fbr :r rule waiver shall include the information spccificd in l ;nv-A 18 14,03. Source. (See Revision Note rd chapter heading Ibr Fnv-A 1800) 119298, aff 10-21-08 I'.nv-A 1814.03 ('Qntcnt_rlnd Format ofR-cquests
. (a) 'I'he person requesting the rule waiver shall provide the following illformatiun: ( I ) fhe name, address, and daytime telephone number of the person requesting the waiver, (2) Identification of the specific rule(s) fromwhich 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 pro.ject(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) n full cxplanation ol~why the waiver is necessary, including an explanation ofthe hardship that would be caused by having to comply with the rule; (6) A full explanation, with supporting data. of the alternative(s), if any, that the applicant proposes to use in licu of complying with the rule; (7) t1 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
. (c) The signature shall constitute certification that :

58 Env-A 1800NEW HAMPSHIRE CODE OF ADMINISTRATIVE RULES (1) All information therein is true, complete, and not misleading to the knowledge and belief of the signor; and (2) The signor understands that any waiver granted based on false, incomplete, or misleading information shall be subject to revocation. Source. (See Revision Note at chapter heading for Env-A 1800) #9298, eff 10-21-08 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 ofthe 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 ofthe 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 at chapter heading for Env-A 1800) #9298, eff 10-21-08 Env-A 1814.05 Decisions. (a) The department shall notify the person requesting the waiver ofthe decision in writing. (b) A notice ofdenial 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 at chapter heading for Env-A 1800) #9298, eff 10-21-08

59 Env-A 1800NI ;WI IAMI'til IIRI's CODE OF ADMINISTRATIVE RUITS

APPENI)IX Rule Numbcr(s) - -- - Statutc(s) Implemented - _- 

### 1:m~--n iH01 .01



## _ -- - ltSn ial-I : :l 

## - - knv-n 1801 .02 -- - --- - RSA I/ll-1: :3 - - --- - I~.n%--A 1802 01-1802.04: 1802.07- RSA 141-1:4 1802.1k 1802.13-1802.20, 1802.22- 1802.31 : 1802.33-1802.36; 1802.40: 1902.42-1802 .45: 1802.47-1802.55 

## Fnv-n 1802 05 - -- RSA 141-1' :2,1 Fnv-n_1802.06

- 

## RSA 141-E:2, 11 - --- ---- I?nv-A 1802. 12 RSA 141-1 ; :2, 111 ------ linv-A 1802 .21 --- -- --- RSA 141-E :2, IV ------------ - I?nv-A 1802 .32 - ---- - -- -- -------- --- --- ------- --- RSA 141-1? :2, VI---- 

## I'Anv-n 1802.37-3~~, 1802.41 ---- - - ------- -- ---- - 

## RSA l~ll-1- . :4, I I?nv-n 1802 .46 

## --- --- - -- - - RSA 141-1 . :2. VII 

## ---------- - - ---- - - -- Fnv-A 1803.01- .0Y

-------- - - -- - - ---- --- - - -- - ---- -

RSn 141- e:3, XI - ~ l~ .nv-n 1803.0< --- -- - IzSn 141=1: :12. 11 - - -- ---- l :nv-n 1804.01- .04 -- --- - - - - RSA 14i-1: :3, X ------- --- Fnv-n 1804.05- .07 - - - - -- -- - RSA 141-E:8 x 13 - -- - --- - - Fnv-n 1804.08 

### -----------_-_ --- --- -- ---------- - - - ----- ----- RSA 141-1: :8, III --- ------- ------ -- 

## Fnv-A 1804.09 - ------ ---- --------------- - -- - RSA 141-1: :12 

## l:nv-n 1805 &1806 ---------- ------ - -- RSA 141-1: :3, VI II ; RSA 1 41-F :9 ------ l ;nv-A 1807.01 ------------ -- 

### --- RSA 141-I?:4, 11(a)(3) ; 42 U .S.C. 7412; 40 CFR61, Subp art M -- i?nv-A 180

7.02 - - - ---------- RSA 141-E; 15 U.S.C. 2643(m) ; 40 CFR 763, Subpart 1? _lalv-A_I8_08 RSA 141-E:8 & 13 1'.nv-A 1809 RSA 141-E:4, 11 &VIII 1?nv-A 1810 ------------ --------------- --- -- RSA 141-E:4, II &VIII ; RSA 141-E:10-11 1?nv-A 1811 ------------------- -- - ---- RSA 141-E:4, XV; RSA 141-E:10 Fnv-A 1812 ----------------- ---- --- - RSA 141-E:4, XV; RSA 141-E:1 1 1?nv-A_I_813

- - - - -- ---- --- --- - RSA 141-E:4, XV l :nv-A 181 4 RSA 141-E:4, XI1

60 Env-A 1800