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), and designate the text as paragraph 

(a), to read as follows: 

Env-A 1801 .01 Purpose. 

(a) The purpose of tThis chapter is 

to protect the health of the general public by 

ensuring that asbestos is managed resperrsibly. in a manner that prevents the release of asbestos fibers 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 as follows: 

(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 

D Sn 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 Protection Agency (EPA) in 40 CFR 61 and 40 CFR 763 . 

Readopt with amendment Env-A 1801.02, eff. 3-15-05 (doc. #8304), to read as follows: 

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, and asbestos 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 as follows: 

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 of a private, single family 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 as follows: 

Le P 50-oz.o 4b)-Env A 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 as follows: 

(b)-Env-A 1802.03 "Analytical service" means any firm or individual who analyzes bulk or air 

samples in order to determine asbestos content, asbestos fiber counting or total fiber counting;. 

Readopt with amendment He-P 5002.01(c), eff. 3-23-01 (doc. #7467), and renumber as Env-A 1802. 04, to 

read as follows: 

Pe-P-5 882.0-1{er)Env-A 1802.04 "Approved training provider" means a training provider who 

offers asbestos abatement training courses that have been approved by the EPA, a state accreditation 

program which itself is accredited by the EPA, or by the department. 

Readopt Env-A 1802. 01(c), eff. 3-15-05 (doc. #8304), and renumber as Env-A 1802.05, to read as follows: 

(&)-Env-A 1802.05 "Asbestos" means "asbestos" as defined in RSA 141-E:2, 1, namely "amosite, 

chrysotile, crocidolite, or asbestiform tremolite, 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 as follows: 

{-d-}-Env A 1802.06 "Asbestos abatement" means "asbestos abatement" as defined in RSA 141-E:2, 

II;, namely "any of the following activities: 

(a) The wrecking or removal of any load-supporting structural member containing or covered by 

RA CM, 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 

RA CMfor 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 RACMfrom structural members, walls, ceilings, or other building 

surfaces, or ducts, pipes, boilers, tanks, reactors, furnaces, or other vessels; and 

(e) The repair of RA CM to minimize the likelihood of fiber release from damaged areas. Repair 

may include, but shall not be limited to application of duct tape, rewettable glass cloth, canvas, cement, 

or other suitable materials to seal exposed areas where asbestos fibers may be released, or repair of 

damaged, previously encapsulated, RACM with non-asbestos substitutes; and re-encapsulation or 

repair of enclosures around RA CM. " 

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 as follows: 

,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 certified pursuanl to RSA 141-E:11 to: 

(a) Ceonduct, plait, design, and develop procedures for asbestos abatement projects; or 

(b) Provide other suhstantive direction or criteria.for asbestos abatement projects. 

We -F 58E1-2-1;}-1-(h)-Env-A 1802.09 "Asbestos abatement supervisor" means an individual who i.4 

certified purnsuant lo Env-A 1810.13 lo direct and control the asbestos abatement work of an asbestos 

abatement worker. 

He n c0~02 .0 4i)-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 of an 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 as follows: 

(e)-Env A 1802.11 "Asbestos-containing material~' (ACM)" means any material that contains any 

type of asbestos in an amount greater than one percent by weight, area, or volume, either alone or mixed 

with other fibrous or non-fibrous materials;. 

Adopt Env-A 1802.12, to read as follows: 

Env A 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 term includes inactive disposal sites as defined by 40 CFR 61.141. 

The term does not include any disposal site which is subject to the permitting requirements of RSA 149- 

M." 

Readopt with amendment He-P 5002.01(a), eff. 3-23-01 (doc. #7467), and renumber as Env-A 1802.13, to 

read as follows: 

ue n 5002 .0 i 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 as follows: 

u n cnm.n, r :) Env A 1802.14 "Asbestos inspector" means an individual who is capable of 

identifying asbestos hazards in a commercial, private, or residential structure, and who has completed, 

at a minimum, a training course for asbestos inspectors meeting the requirements of 40 CFR 763, 

subpart E, appendix C section I.-B.3. 

ue P c002 .04 n+Env-A 1802.15 "Asbestos management planner" means an individual who is 

certified pursuant to RSA 141-E:11 to assess the health hazard posed by ACM, determine the 

appropriate response action, and develop a schedule for implementing a response action. 

ueD cnm.n4t) Env A 1802.16 "Authorized representative" means employees of the 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 .0 4

.,*Env-A 1802.17 "Building owner" means the person in whom legal or beneficial 

title to a facility 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 room which is part of the worker 

decontamination enclosure system and includes storage of workers' 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 as follows: 

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 loose powder or loose fibers by hand pressure. 

Readopt Env-A 1802.O1(i), eff. 3-15-05 (doe. #8304), and renumber as Env-A 1802.23, to read as follows: 

(-i-}Env A 1802.23 "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 as follows: 

lie v cnn2.n4 ) Env A 1802.24 "Department" means "department" as defined in RSA 141-E:2, 

T ; namely "the department of environmental 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 as follows: 

Fj}Env A 1802.25 "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 from a sudden, unexpected event. The term includes 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 from being 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 as follorvs : 

Env-A 1802.28 'EPA AHERA regulations" means the regulations as adopted bY 

the U.S. Environmental Protection Agency in 40 CFR 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 as follows: 

n cnm n4TEnv A 1802.29 "EPA-approved training course" means any training course that 

bas 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. 

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 as follows: 

{-nr}Env-A 1802.30 "Equipment room" means a contaminated area or room which is part of the 

worker decontamination enclosure system and which includes the storage of contaminated clothing and 

equipment . 

(-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 as follows: 

Wt-, P cnnP.n i 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 as follows: 
Added language in bold italics ; 7 

deleted language st+ttek-t lretrgl} 

(p}-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;. 

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 

or fibers 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 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. 

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*Env A 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)-Env A 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 as follows: 

P cnn2 .nK bYEnv A 1802.40 "Manager" means any person who is responsible for the control, 

operation, or maintenance of a building, facility, school, or rental dwelling which is owned by another 

person. 

Readopt Env-A 1802.01(t), eff. 3-15-05 (doc. #8304), and renumber as Env-A 1802.41, to read as follows: 

(-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 

term does 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 as follows: 

14o n cnn2.ni i ..a) Env A 1802.42 "Model accreditation plan (MAP)" means the plan as adopted by 

the EPA in 40 CFR Part 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 as follows: 

(-}r}Env-A 1802.43 "Owner or operator (O/0)" for the purpose of this 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 as follotivs : 

Erzv-A 1802.44 "Person" means any individual, partnership, company, public or private 

corporation, political subdivision or agency of the state, department, agency or instrumentality of the 

United States, or any other legal entity. 

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 read as.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 from surfaces 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 from any facility or facility 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 Env A 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 of a license holder, or any combination thereof, including: 

(1) For a corporation, the following: 

a. All officers and directors; 
Added language in bold italics; 9 

deleted language st+t+eIF-tl}reugh 

b. 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 

c. A11 management and supervisory personnel; 

(2) For a partnership, all partners, whether general or limited, and all management and 

supervisory personnel; 

(3) For an association or other organization, all principals, members~ and participants, as 

applicable, and all management and supervisory personnel; and 

(4) For a municipality or other political subdivision of the state, the individuals elected or 

appointed to oversee or manage the prudential affairs of the political subdivision, and the 

managers and supervisors of the department(s) that will perform work under the authority of 

the license. 

uen cnn2,n 4i,+Env 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. 

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 as follows: 

(-y}-Env A 1802.52 "Sheets" or "sheeting" means any waterproof material which can be used to make 

air-tight barriers;. 

(z*Env A 1802.53 "Shower room" means a room between the clean room and the equipment room in 

the worker decontamination enclosure with running water that is suitably arranged for complete showering 

during decontamination-,a*d. 

Adopt Env-A 1802.54 to read as follows: 

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 C July 1, 2001 edition, 

namely: 

"(1) Tasks such as, but not limited to: 

a. Removal of asbestos-containing insulation on pipes; 

b. Removal of small quantities of asbestos-containing insulation on beams or above ceilings; 

c. Replacement of an asbestos-containing gasket on a valve; 

d. Installation or removal of a small section of drywall; 

e. Installation of electrical conduits through or proximate to ACM; 

f. Removal of small quantities of ACM only if required in the performance of another 

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 of asbestos-containing wallboard; 

j. Repairs, involving encapsulation, enclosure, or removal, lo small amount of friableACM 

only if required in the performance of emergency or routine maintenance activity and not 

lnlL'nllL'll soleh, 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 perfornr its 

intended. function . 

(2) For the purposes of this chapter, SSSD projects shall be limited to less them or equal to 3 

linear feet of asbestos surface on pipes or ducts, or 3 square feet ofasbestos-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 NOTIFICATION AND FEES 

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 Notification 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/O shall 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 Notification . 

even 

(a) In lieu of the notification required pursuant to Env-A 1803 .01, and subject to (d), below, the 

ewner-er-eperatef- 0/O of a facility expected to undergo a Class S major asbestos abatement in the next 

calendar year may file an annual notification to cover the period from January 1 of the new calendar year 

to December 31 of the same year. 

(b) Such annual notification shall be made 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/O shall give separate, individual notification as specified in Env-A 1803. 01 for eBach 

- in major asbestos abatement project - Class N that occursriirg at the facility, shall -require 

regardless of whether an annual notification has 

been filed for the facility. 

Env-A 1803 .05 Notification for Emergency Asbestos Abatement Projects . For emergency asbestos 

abatement projects, the owner- er-eper-eAer-O/O shall: 

(a) Notify the department as early as possible prior to abatement or, if prior notice is not possible, 

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 ewner ei--eperatef 0/O shall: 

(1) Provide the information required by 40 CFR 61 .145(b)(4); and 

(2) Present that information in the format specified in 40 CFR 61 .145(b)(5). 

(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) of ACM 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 form of cash, company check, certified check, or money order. A 

company check or certified check or money order shall be made payable to "Treasurer, State of New 

Hampshire" . 

(c) Notification fees shall be as follows : 

(1) 

(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 as follows; 

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/O shall provide for an inspection by an asbestos inspector of the affected portion(s) of the 

facility for the presence of ACM, 

(b) Tllie-For an inspection of a school building required pursuant to (a), above, the inspection shall 

be performed by a-persen-an asbestos inspector who is certified under Env-A 1810 to perform asbestos 

inspections. 

Env-A 1804.02 Documents To Be Retained On-site . Each owner of aperatef 0/O sul}jeet-te-theof a facility where an asbestos abatement project is occurring shall retain the 

following documents on-site for the duration of the asbestos abatement project: 

(a) A current 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 of a facility 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 from the 

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 perform such sampling, and the name and address of any 

analytical service employed to analyze such samples ; and 

(-l9j) Descriptions of worksite accidents and unplanned or planned exposures to asbestos . 

Env-A 1804 .0304 Retention of Records. 

(a) The awner-er-eperater-O/O shall 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 30 years old, dated from the 

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 as follows: 

He D ~-~-~ .~ Env-A 18114.05 Compliance Inspections and Production of Records . 

(a) Upon the request of the department, in conjunction with any inspection pursuant to RSA 141-

E:8 or RSA 141-E:13, building owners or managers shall review building records for references to 

ACM used in construction or repairs and provide all information found to the department in writing . 

(b) If, during an inspection pursuant to RSA 141-E:8 or RSA 141-E:13, the authorized 

representative observes material suspected of being friable ACM, the authorized representative shall 

touch or rub the suspect material to determine friability. 

(c) If the suspect material is friable, tit e authorized representative shall: 

(1) Collect 3 bulk samples of the material; 

(2) Collect air samples; and 

(3) Have the samples analyzed by an asbestos analysis service which meets the criteria set 

forth under Env A 1808. 
Added language in hold italics; 15 

deleted language stttFek-fh+at+glfi 

(d) The department shall provide a copy qf the analytical results to the O/O, building manager, or 

other interested parties upon receipt of a written request. 

He n cnm .n3 Env-A 1804.116 Determination of Damage or Deterioration. Friable ACM shall be 

deemed lo be deteriorated or damaged if 

(a) The material has pulled away from the underlying surface; or 

(b) Evidence of physical damage exists, such as gouges or cuts in the material or debris matching 

the material is on the surface below the material. 

n~,~° 5003 .04-Env-A 1804.07 Determination of the Potential for Sienificant Human Exposure As 

a result of an inspection under RSA 141-E:8 or RSA 141-E:13, the department shall determine that 

there is a potential for significant human exposure if." 

(a) There is an increase in the proximity of friable ACM to an air plenum or direct air stream; 

(b) There is an increase in the visibility and accessibility of friable ACM to building occupants 

and maintenance workers; or 

(c) An increase or change in the degree of activity in or around the building increases the risk the 

friable ACM will be released into the air, including air movement, vibration, installing new machinery, 

and moving of building occupants. 

Adopt Env-A 1804.08 to read as follows: 

Env-A 1804.08 Inspections of Private Dwellinks. - 

(a) As provided in RSA 141-E:8, III: 

(1) The owner of a private dwelling may request the department to inspect the dwelling for 

the presence of RACM; 

(2) If the department finds RACM, the department shall make recommendations to the 

owner for the abatement of the RACM; and 

(3) The department shall charge a fee for such inspections. 

(b) The fee required by RSA 141-E: 8, III shall be calculated in accordance with Env-A 

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. 

(e) The final fee assessed shall reflect the actual costs as determined pursuant to Env-A 
Added language in bold italics; 1 6 

cleleted language 

1804.09(b), and so might be higher or lower than the estimate provided in advance of the inspection. 

(f) The departazent shal! send a bill fur the fee to the propert)) owner, who shall pay the fee within 

30 days qf the date of the 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.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.J'ee 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 surn of the./ollowing.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 4lzours; 

(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 file employee spent 

traveling and inspecting, multiplied by the hourly rate, including benefits, of that employee. 

(d) The schedule offees_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 tlze bill for the fee to the 0/0 of the facility . The fee shall be paid 

within 30 days of the date of the department's bill. 

Readopt,with amendment PART Env-A 1805 through PART Env-A 1807, eff. 3-15-05 (doc. #8304), to read 

as follows: 

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/O shall 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 

shal l prepare each work area as follows: 

(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 from uncontaminated areas with air-tight barriers over all openings 

between the work area and uncontaminated areas, including but not limited to windows, doorways, 

elevator openings, corridor entrances, ventilation openings, drains, ducts, grills, grates, diffusers and 

skylights, but excluding the decontamination enclosure system doorways, using sheeting having a 

minimum thickness of 6 mil-sheetin~ ; 

(c) Post warning signs at all entrances to the work area; 

(d) Remove all movable objects from the work area; 

(e) Clean or dispose of as asbestos waste all contaminated items that are removed from the work 

area; 

(f) Clean all non-movable objects in the work area, then cover with sheeting having a minimum 

thickness of 4 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? ;-ee v_:-°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 shall 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 6 mil 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 

from the 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 them analyzed, 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 from each 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 system shall be airtight . 

(f) 

system . 

All entrances to and exits from the work area shall be through the decontamination enclosure 

(g) Each worker exiting from the work area shall thoroughly shower so as to remove all asbestos 

fibers before entering the clean room. 

(h) No asbestos-contaminated individual or item shall enter the clean room . 

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 perform cleanup 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/O shall perform the 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/O shall 

provide a copy of the waste shipment record to the department. 

Env-A 1805 .9909 Clearance 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 of visible residue . 

(c) If visible 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 from the 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) Except for schools and school buildings, non-aggressive sanapling 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 system shall 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 of Analytical 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 of Analytical 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 Eizv A 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 

mechanism on 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/O chooses 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 low pressure airless spray equipment with nozzle pressure and tip 

size set according to the manufacturer's recommendations; and 

(e) Specifically designate encapsulated RACM by signs, labels, color coding, or some other readily 

visible mechanism on the 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 of Env A 1810.02 . 

(b) Any person performing a minor asbestos abatement project shall take the following precautions 

at a minimum to prevent the release of asbestos fibers into the ambient air : 

(1) Barriers including glovebags shall be installed for minor asbestos abatement projects to 

assure that fibers released during abatement activities are contained within the work area; 

(2) All RACM shall be wetted prior to being disturbed, and shall be kept wet until it is 

containerized ; 

(3) HEPA vacuum equipment and wet cleaning techniques shall be used to clean up the work 

area following abatement until no visible residue is observed; 

(4) Prior to disposal, RACM shall be containerized in accordance with Env-A 1805 .0708 in airtight 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 Alm r 

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 of this 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 conform to 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 from an asbestos 

abatement activity,-p ~^ "Vi~aeirtha t 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/O satisfies (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 For Asbestos . Under the authority 

of RSA 141-E:4, I:I(a)(3-)-XVI(e), the epwner -eieper-atei-0/O of 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 40 CFR 61 .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 

abatement planning activity or a contractor who engages in an asbestos abatement project in a school 

shall comply with the provisions of 40 CFR 763, subpart E, as in effect on July 1, 2007, except for the 

provisions of 40 CFR 763.97 and 763.98. 

Readopt with amendment PART He-P 5004 and PART He-P 5005, eff. 8-15-97 (doc. #6557), and 

renumber as PART Env-A 1808 and PART Env-A 1809, to read as follows: 

PART H- P N14-Env A 1808 ASBESTOS ANALYTICAL 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. The following criteria shall apply to the 

analysis of asbestos: 

(a) For air sampling proficiency standards, the laboratory analysis of air samples shall be 

performed by either: 

(1) A laboratory presently accredited for asbestos analysis by the American Industrial 

Hygiene Association (AIHA); 

(2) An analyst presently listed in the AIHA Asbestos Analysis Registry; or 

(3) A person who has successfully completed the NIOSH Course #582 "Sampling and 

Evaluating Airborne Asbestos" and whose laboratory presently shows evidence of a proficient 

rating in the AIHA Proficiency Analytical Testing Program (PAT Program); 

(b) For bulk sampling proficiency standards, the laboratory shall show evidence of a current 

proficiency rating in the National Volunteer Laboratory Accreditation Program (NVLAP), such as 

being listed in the most recent copy of the Federal Register containing the EPA's Accredited 

Laboratories AHERA list for Accredited Polarized Light Microscopy Laboratories; and 

(c) The analysis of bulk samples shall be performed by, or under the supervision of, an analyst 

who has successfully completed an approved course of training in the techniques and procedures for 

identification of asbestos in bulk samples such as the McCrone Institute Bulk Analysis course. 

ile-P 5AA4-:93-Env A 1808.03 Analytical Technique 

(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 NIOSHManual ofAnalyticalMethods, 4"' 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: 
Added lwnbliagc in bold italics; 24 

dclcted language 4t-t+ek-tli' etO 

"Mcurd«tory and Non-M«ndatory" or « s defined and accepted by the NIST.for 7EM accreditation. 

(d) Analytical procedures for PLM shall be as stated in 40 CFR Part 763, subpart F, appendix A: 

"Interim Method of the Determination o,fAsbestos in Bulk Insulation Sanaples" or as defined and 

accepted by the NIST for PLM accreditation . 

PART Lr en -WTEnv-A 1809 APPROVAL OFASBESTOS TRAINING PROVIDERS AND 

COURSES;-OBLIGATIONS OF TRAINING PROVIDERS 

He Q4##34ll-Env-A 1809.01 Training Approval. All training courses that tire used to fulfill 

licensure and certification reqrrirenrents_for asbestos abatement and school asheslos abatement 

planning shall be approved by: 

(a) Th e EPA; 

(b) An EPA-approved state accreditation program; or 

(c) The department, pursuant to Env A 1809.02 and Env-A 1809.03. 

Env A 1809.02 Reguesl for Approval of Training Course. Any training provider seeking approval 

of one or more training course(s) shall submit the following in writing to the department for each 

proposed course: 

(a) The name (s) of tire training provider as shown on the approval issued pursuant to En v-A 

1809.04; 

(b) The name of the specific course for which approval is sought; 

(c) Whether the course is intended for initial certification or as a refresher; 

(d) An outline of the training course that shows the topics to be covered and 

the amount of time to be given to each topic; 

(e) A copy of the applicant's instruction manual for the training course, 

and all printed material to be distributed in each course; 

(f) A description of the teaching methods to be employed, including a 

description of any audio-visual aids to be used; 

(g) A description of the hands-on facility to be used, including the protocol 

for instruction, the number of students to be accommodated, and the number of instructors; 

(h) A description of the equipment that will be used in both classroom 

lectures and in hands-on training; 

u v cnnc,n3(.,)(n)(i) The name and qualifications of each individual who will provide the 

training for the course, including education, training, and experience; 

An example of the written examination to be given in the course; 

(k) A copy of the certificate of completion to be given to successful course 
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 criteria for approval specified in Env-A 1809.03. 

WD 5~.~-W_L- Env-A 1809.03 Criteria for Approval of Trainin'Q Courses. The department shall 

approve a training course for which an application is submitted pursuant to Env A 1809.02 if all of the 

following criteria are met: 

(a) The training courses will be conducted by a training provider approved pursuant to En v-A 

1809.05; 

(b) For a training course required for certification, the course is specific to the discipline and 

meets the requirements for that discipline as set forth in the model accreditation plan (MAP); 

(c) The topics or subjects of instruction will be presented through a combination of lectures, 

demonstrations, and field trips or hands-on practice; 

(d) For a course requiring hands-on training, the course will: 

(1) Be presented in an environment suitable to permit participants to have actual experience 

performing tasks associated with asbestos abatement; 

(2) Not be replaced by demonstrations not involving individual student participation ; and 

(3) Maintain a student to instructor ratio of not greater than 10 to one; 

(e) The training courses 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 instructions shall not exceed a maximum of 4 hours in any single session. 

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 courses for asbestos abatement workers, asbestos abatement contractors and 

supervisors, asbestos inspectors, asbestos management planners, or asbestos project designers, the 

course will meet those requirements specific to each discipline as set forth in the MAP; 

(h) Successful completion of a course for asbestos abatement workers, asbestos abatement 

inspectors, and asbestos management planners will be demonstrated by achieving a score of at least 70 

percent on a written examination consisting of 50 multiple choice questions ; 

(i) Successful completion of a course for asbestos abatement contractors and supervisors and for 

asbestos project designers will be demonstrated by achieving a score of at least 70 percent on a written 

examination consisting of 100 multiple choice questions; and 
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 set forth in the MAP; 

(2) Be specific to only one AHERA discipline; and 

(,3) Require successful completion qf the course to be demonstrated by achieving a score qf 

at least 70 percent on a written examination consisting nf 25 multiple choice questions . 

He n 5005 .03 Env-A 1809.04 Request for Approvcc! of Training Providers. Any person who wishes 

to obtain department approval as it training provider shall submit tbe following in writing to the 

department for each proposed course: 

(a) The name, mailing address, and daytinze telephone number of the applicant and a list of all 

names under which the applicant conducts or intends to conduct trainutg; 

(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 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 of an individual at each department or agency 

who can be contacted regarding the approval; and 

(3) Copies of all such written approvals; 

(d) A list of any outstanding state or federal enforcement actions pending against the applicant 

with regard to asbestos abatement training or work; 

(e) If there are any outstanding state or federal enforcement actions pending against the 

applicant with regard to asbestos abatement training or work, an explanation of the circumstances 

surrounding the actions which demonstrates that the applicant can be expected to adhere to applicable 

requirements if approved as a training provider pursuant to these rules; 

(9 Documentation that the training provider meets the criteria specified in Env-A 1809.05(d) and 

(e) ; and 

(g) A statement signed by a responsible person certifying that: 

(1) The applicant has read, and understands, the New Hampshire asbestos management 

rules; 

(2) The application was prepared in conformity with the rules for asbestos control; and 

(3) All information contained in the application, including any supplements attached, is true 

and correct to the best of their knowledge and belief. 
Added language in bold italics ; 27 

deleted language '~~a^'( '"~~^^gh 

Env-A 1809.05 Criteria for Approval of Training Courses. The department shall approve a 

training provider for 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 18119.04 has been submitted; 

(b) The applicant has signed the certification required by Env A 1809.04(g) ; 

(c) If information is submitted in response to Env A 1809.04(e), the department makes a 

determination that the applicant can be expected to adhere to applicable requirements if approved as a 

training provider pursuant to these rules; 

ueD cnnc .n3 (~) The applicant issues or will issue a uniquely numbered certificate to each 

students who successfully completes an initial or refresher course; and 

P° ° 55 .-(e) The applicant includes or will include the following information on the 

numbered certificates which it issues: 

(1) Name and date of birth of the student; 

(2) The course completed; 

(3) The date(s) of the course and the examination; 

(4) The name, mailing address, and daytime telephone number of the training provider; 

(S) A statement that the student has completed the requisite training for asbestos 

accreditation under TSCA Title II; 

(6) An expiration date that is one year from the date on which the student is issued said 

certificate; and 

(7) The address of the location where the course was given. 

Env A 1809.06 Training Provider Responsibilities. Each training provider approved under these 

rules shall: 

m,D S-~ ^3-(a) Comply with the recordkeeping requirements for training providers as set forth 

in the MAP; 

We P 5o05 .a3 (b) Retain records of the following: 

(1) The title of each initial and refresher course taught; 

(2) The date(s) on which the course was provided; and 

(3) The name, address, and date of birth of each student who successfully completed the 

course; 

He D 5--r- "3-(c) Notify the department in writing within 30 days following 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 instruction from that 

described in the application. Minor changes in agenda, such as guest speakers, if otherwise qualified, 

and course schedule shall be exempt.Jrom this 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 in federal regulations or state rules; 

H, P 5--~605 .-0-3- (e) Allow a representative of the department to audit courses and review 

exantinations without cost to the department; 

He --500-1- (fl Provide written notification to the department (it least 10 working davs prior to 

providing any asbestos training courses, including: 

(1) 

(-3) 

Name of training 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 of any approved training, submit a course roster to the 

department noting: 

(1) Name and date(s) of the course; and 

(2) The name, date of birth, and exam grade for each attendee . 

Re D-5 0- 0 5 .0- 4 En v-A 1809.07 Application Processing. 

(a) The department shall process applications in accordance with RSA 541-A :29. 

(b) The department shall deny any application that: 

(1) Does not include the information required by Env A 1809.02 and Env-A 1809.03 ; or 

(2) Contains false or fraudulent information . 

(c) The department shall notify the applicant of its decision in writing. If the application is 

denied, the notice shall specify the reason(s) for denial and be sent to the applicant by certified mail. 

(d) If the applicant wishes to appeal the decision, the applicant shall file such appeal following 

the procedures set_forth in Env A 1809.10. 

He o95 .0-5 - Env-A 1809.08 Duration and Renewal of Training Provider Approvals. 

(a) Training provider approval shall be effective for one year from the date of issuance as 

indicated on the written approval. 

(b) If the training provider wishes to renew the approval, the training provider shall. 
Added language in bold italics ; 29 

deleted language 'rae'i 'hi'otigh 

(1) Submit a completed application for renewal, no later than 30 days prior to the expiration 

date of the current approval, including : 

a. Information as set forth in Env-A 1809.02(i) and Env-A 1809.04(a), (b), (d), and (g), 

without reference to previously submitted material; 

b. Information as set forth in Env-A 1809.02(d), (e), (f), (g), (h), 0), and (k) and Env-A 

1809.04(c), that has changed from the original application ; and 

c. Information as set forth in Env-A 1809.02(d), (e), (fl, (g), (h), (i), (1), and (k) and 

Env-A 1809.04(a), (b), (c), (d), and (g) for any new training courses for which the 

applicant requests approval and for which approval was not requested in the original 

application; 

(2) Attach any additional information and documentation required by this chapter, 

including a list of the type of asbestos training courses offered in the past year with the 

number of students that successfully completed the courses; and 

(3) Apply for renewal no later than 3 years after the expiration date of the previous approval. 

(c) The department shall not accept 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. 

Re n 5 005 .06 Env-A 1809.09 Suspension, Revocation, or Refusal to Renew Approval as a 

TraininQ Provider. 

(a) If the department obtains credible information indicating that one or more reasons to suspend 

or revoke a training provider approval as specified in (i), below, exists, the department shall notify the 

training provider in writing of 

(1) The department's intended action; 

(2) The reason (s) for the intended action; and 

(3) The date by which the training provider shall file a written request for an adjudicative 

hearing if the training provider wishes to contest the proposed action, which date shall be 15 

working days from the date of the department's notice . 

(b) If the department receives a written request for an adjudicative hearing in accordance with 

(a) (3), above, the department shall proceed in accordance with RSA 541-A:31 and Env-C 200 as 

applicable to adjudicative proceedings. 

(c) If the department does not receive a written request for an adjudicative hearing in accordance 

with (a) (3), above, the approval shall be deemed suspended or revoked, as specified in the notice issued 

pursuant to (a), above, as of the 16"' working day from the date of the department's notice. 

(d) The department shall suspend a training provider approval if the department determines that 

one or more reason(s) to suspend or revoke a training provider approval exists but that: 
Added language in hold italics; -10 

deleted language 

(1) Tit e 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) If the 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) Inform the training provider in the written notice that if the deficiencies are not 

corrected within the specifeed time, the approval shall be deemed revoked 

(/) The departnZent shall revoke a training provider approval if the department determines that 

one or more reason(s) to suspend or revoke a training provider approval exists and that: 

(1) The training provider acted with intent to deceive; or 

(2) The deficiency(ies) can not be corrected so as to conform to applicable requirements. 

(g) If the department revokes a training provider approval, the department shall notify the 

training provider in writing of the revocation and the reason(s) therefor. 

(h) If the department obtains credible information indicating that a reason exists to suspend or 

revoke a training provider approval as specified in (i), below, while an application for renewal of a 

training provider approval is pending, the department shall inform the training provider of the 

information and offer an opportunity .for the training provider to respond to the information prior to a 

decision being made on the application ./or renewal. 

(i) A training provider approval shall be suspended or revoked if. 

(1) The training provider is not conducting training that meets the requirements of En v-A 

1809.02 or Env-A 1809.03; or 

(2) The training provider has failed to comply with Env A 1809.06. 

Env-A 1809.10 Ayneal. A training provider aggrieved by a department decision made pursuant to 

Env-A 1809.09 who wishes to appeal the decision shall appeal to the air resources council in 

accordance with the rules adopted by that council, Env-AC 200. 

Revise the title of PART He-P 5008 and renumber as Env-A 1810, as follows : 

PART r'° `~008 Env-A 1810 LICENSING AND CERTIFICATION FOR ASBESTOS 

ABATEMENT AND SCHOOL ASBESTOS ABATEMENT 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 as follows: 

lie -P 5o09 .0rEnv A 1810.01 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 of schools, or provide services as an asbestos management planner or project designer to 

schools, shall apply to the department for certification as either an asbestos inspector, asbestos 

management planner, or as an asbestos project designer. 

(c) Each individual to whom a certification has been issued pursuant to this part shall maintain a 

current training certificate while the certification is in effect. 

(d) Each individualperforming work at an asbestos abatement project in New Hampshire, except 

as exempted under Env A 1810.02, shall have in his or her possession at the work site the certification 

issued by the department and the initial and current training certificates issued to that individual. 

ne P 5008.02 En v-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 exempt from the requirement to obtain an 

entity license in 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; and 

(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 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 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) Perform only operations, maintenance, and repair activities that are of small-scale and 

short-duration as defined in Env A 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 as follows: 

LT° 5009 .04Env-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 
Added language in bold ihrlics; 32 

deleted language ~ 

Attn: Asbestos Licensing Program 

P.O. Box 95 

29 Hazen Drive 

Concord, NH 03302-0095 

(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 obtained from the department; 

(2) The signature and certfficatlon required by Env-A 1810.05; 

(3) If the applicrrnl is an individual, 2 clear, unmutilated, and unstapled 2-inch bv 2-inch 

color photographs of the applicant with the name of the applicant printed legibly on the buck 

of each photograph; 

(4) If the applicant is an individual, a copy of each dated training certificate which shows 

the applicant's training lo be current at the time of application; 

(S) f 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. 

(c) An applicant may submit a combination application for trsbestos inspector, asbestos 

management planner, and project designer, provided the applicant fulfills the application requirements 

for each discipline for which application is being made and applies for the cerlifications at the same 

time. Any applications received separately from the same applicant shall be treated as separate 

applications . 

Env-A 1810.04 Information Required for All Applications. Each applicant shall supply the 

following information on the application form: 

(a) The name, mailing address, daytime telephone number, and date of birth of the applicant; 

(b) The name, mailing address, and daytime telephone number of the employer or principal place 

of business of the applicant; 

(c) The type of certification being requested; 

(d) A list of each agency that has certified the applicant, ff any, and./or each such agency, the 

following information: 

(1) The name and address of the agency that issued the certification; 

(2) The name, title, and daytime telephone number and, if available, an e-mail address, of 

the individual at the agency who can be contacted regarding the requirements that must be 

met in order to receive certification from that agency; 

(3) The type of certification issued; and 
Added language in bold italics; 33 

deleted language qtmeIE -thi-ettgk 

(4) The 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 work, if any, and for each action, the following information: 

(I) 

(3) 

The name and address of the agency that initiated the enforcement action; 

(2) The date of the action; 

Whether the action has been resolved; and 

(4) If the action has been resolved, when and how the action was resolved. 

Env A 1810.05 Sienature and Certirication 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: 

(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 of the knowledge and belief of the signor. 

14e P 5g0°~-0 . *~n7Env 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 requests that is: 

(1) 

(3) 

In writing ; 

(2) Signed by the certificate holder; 

Accompanied by 2 photographs as specified in Env-A 1810.03(b)(3) ; 

(4) Accompanied by the appropriate application fee as set forth in Env A 1810. 08(b) (9). 

14e P 309S:04H)(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. 

Ne P 505 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 
Adcled langciage in bold italics; 34 

deletecl lailguage 

form obtained from the department and include: 

(1) All of the 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 certification for 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 appllcatlon fee as set fortb u? Env-A 1810.118 . 

(b) Any person holding a license or certiTcation 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) Ari applicant may apply for 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 applications for renewal of a license or certification more 

than 60 days before expiration of the current license or certification . 

(e) Department action on the renewal application shall be in accordance with RSA 541-A:29. 

He D ~-,-- 0o-Env-A 1810.08 Application Fees. 

(a) A non-refundable application fee in the form of cash, company check, certified check, or 

money order shall accompany each license or certification application . A company check, certified 

check, or money order shall be made payable to "Treasurer, State of New Hampshire". 

(b) The fees for each category of license and certification application shall be as follows: 

(1) For an asbestos abatement entity, an initial licensing fee of $1,000 and an annual 

renewal fee of $750; 

(2) For an asbestos abatement site supervisor, an initial certification fee of $200 and an 

annual renewal fee of $200; 

(3) For an asbestos abatement worker, all initial certification fee of $SO and an annual 

renewal fee of $50; 

(4) For an asbestos inspector, an initial certification fee of $200 and an annual renewal.fee 

of $200; 

(S) 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; 
Added language in bold italics ; 35 

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

(7) For initial combination certifications, an initial certff7callon fee of $200 for the first 

certfication and $50 for each additional certification ; 

(8) For annual renewals q/' identical combination certifications, $200 for the first 

certification and $50 for each additional certification ; and 

(9) For replacement of a lost or stolen certificale, a fee of $20. 

He -P -5898:A7-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 

(1) The department's intended action; 

(2) The reason (s) forth e intended action; and 

(3) The date by which the holder of the license or certification shall file a written request for 

an adjudicative hearing if the holder wishes to contest the proposed action, which date shall 

be 15 working days from the date of the department's notice. 

(b) If the department receives a written request for an adjudicative hearing in accordance with 

(a)(3), above, the department shall proceed in accordance with RSA 541-A:31 and Env-C 200 as 

applicable to adjudicative proceedings. 

(c) If the department does not receive a written request for an adjudicative hearing in accordance 

with (a) (3), above, the license or certification shall be deemed suspended or revoked, as specified in the 

notice issued pursuant to (a), above, as of tlte 16`* working day from the date of the department's notice. 

(d) The department shall suspend a license or certification if tile department determines that one 

or more reason(s) to suspend or revoke a license or certification exists but that: 

(1) The license or certification holder did not act with intent to deceive ; and 

(2) The deficiency(ies) can be corrected so as to conform to applicable requirements. 

(e) If the department suspends a license or certification, the department shall: 

(1) Notify the license or certification holder in writing of the specific deficiency(ies) ; 

(2) Specify a reasonable time to correct the deficiency(ies), which shall be determined based 

on the number and nature of the deficiency(ies) ; and 

(3) Inform the license or certification holder in the written notice that if the deficiencies are 

not corrected within the specified time, the approval shall be deemed revoked. 

(f) The department shall revoke a license or certification if the department determines that one or 

more reason(s) to suspend or revoke a license or certification exists and that: 

(1) The license or certification holder acted with intent to deceive ; or 
Added language in bold italics; 

deleted language 

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

36 

(g) If the department revokes a license or certification, the department shall notify the license or 

certification holder in writing qf the 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 inform the 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 of the applicant, license holder, or certification holder contains 

violations .of health and sqfety laws or regulations of the United Stales of America, or any 

state, which pose a threat to workers or the public; 

(2) The applicant, license holder, or certification holder has submitted materially false or 

fraudulent information on an application ; 

(3) The applicant, license holder, or certification holder has_failed to submit any required 

information or documentation with the application ; or 

(4) The applicant, license holder, or certification holder has demonstrated an inability to 

comply with any applicable federal or state standard for asbestos projects. 

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) One year from the date of issuance, unless the license or certification is revoked prior to that 

date; or 

(b) The expiration of the training certificate filed with the initial or renewal application. 

We D ~-i- 0^9-, nv-A 1810.12 Asbestos Abatement Entity Licensine Reguirements. 

(a) An asbestos abatement entity shall not engage in any asbestos abatement project in New 

Hampshire without first: 

(1) Being licensed to do so under the provisions of this chapter, unless it is exempt as 

specified in Env A 1810.02; and 

(2) Being registered and in good standing to do business as required by the secretary of state. 

(b) The information required by Env A 1810.03(b)(1) from an applicant for an asbestos 
Added language in bold italics ; 37 

deleted language st+{+el` ' 

abatement entity license shall be as.follows : 

(c) 

(1) 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 of the applicant; 

(2) A list of all 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 of all New Hampshire-certified 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 . 

Each asbestos abatement entity to which the department issues a license shall: 

(1) Have a current copy of this chapter available at all active asbestos abatement worksites; 

(2) Retain for 30 years all business and personnel records for each asbestos abatement 

projects 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; 

(S) Require all employees and contract workers engaged in asbestos abatement activities in 

New Hampshire to be certified in accordance with the provisions of this chapter and to have a 

current training certificate ; 

(6) Submit documentation of all employee training upon request of the department; 

(7) Notify the department within 30 days of any change in the names or addresses of any 

responsible person(s) who work(s) for the licensed entity; and 

(8) Maintain an accurate list of the name of each individual entering and exiting an 

established asbestos abatement containment area. 

(d) The department shall renew an asbestos abatement entity license annually provided the 

license holder meets tlze 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 of projects performed by the licensed entity within the last 12 months, which 

includes the date of project, name of project owner, contact person, telephone number, and 
Aclcled language in bold italics; 38 

deletecl langUagc stimuk'4h+eugh 

project s upervisor(s) ; and 

(3) Docuineiztatiori of attenclcaitce aitd completioii, b>> a resl)oitsible person as defrned irn EirvA 1802.50 and current/v employed by the entity, qf an annual refresher course for 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 the provisions 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 course for asbestos abatement contractors 

and supervisors as outlined in Env-A 1809.03(g) and (i), with a score of 70 percent or greater 

on the required written examination. 

(c) The department shall renew an asbestos abatement supervisor certification run nually provided 

the certificate holder meets the requirements for certification renewal specified in Env-A 1810. 07, and 

provides the following : 

(1) Documentation that the applicant has attended and completed an approved asbestos 

abatement supervisor annual review course as outlined in Env-A 1809.030), with a score of 

70 percent or greater on the required written examination; and 

(2) A list of projects supervised by the applicant within the last 12 months which includes the 

date of project, name of project owner, contact person, and telephone number. 

He-r D --1 TEnv-A 1810.14 Asbestos Abatement Worker Certiflcation Requirements 

(a) Except as exempted by Env-A 1810.02, no individual shall perform as an asbestos abatement 

worker in New Hampshire without first being certified as an asbestos abatement worker under the 

provisions of this chapter. 

(b) The information required by Env A 1810.03(b)(1) from an applicant for certification as an 

asbestos abatement worker shall include documentation that the applicant has attended and completed 

an approved training course for asbestos abatement workers as outlined in Env-A 1809.03(g) and (It), 

with a score of 70 percent or greater on the required written examination. 

(c) The department shall renew an asbestos worker certification annually provided the certificate 

holder: 

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

(2) Provides documentation that the applicant has attended and completed an approved 

asbestos abatement worker annual review course 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 or greater on the required written examination. 

He v 5 008. 10 Env-A 1810.15 Asbestos Inspector Certification Requirements 

(a) No individual shall perform any asbestos inspections of schools in New Hampshire without 

first being certified as an asbestos inspector under the provisions of this chapter. 

(b) The information required by Env A 1810.03(b)(1) from an applicant for certification as an 

asbestos inspector shall include documentation that the applicant has: 

(I) Attended and completed an initial approved training course for asbestos inspectors as 

outlined in Env-A 1809.03(g) and (h), with a score of 70 percent or greater on the required 

written examination; and 

(2) Had a minimum of 6 months experience in a comparable occupation or 2 months field 

experience under the supervision of a certified asbestos inspector or management planner. 

(c) The department shall renew an asbestos inspector certification annually provided the 

certificate holder: 

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

(2) Provides documentation that the applicant has attended and completed an approved 

asbestos abatement inspector review training course as outlined in Env A 1809.03(j), with a 

score of 70 percent or greater on the required written examination. 

HeP;008-12-Env-A 1810.16 Asbestos ManaQement Planner Requirements . 

(a) No individual shall function as an asbestos management planner for schools in New 

Hampshire without first being certified as an asbestos management planner under the provisions of this 

chapter. 

(b) The 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 minimum of an associate degree or certificate of completion of a 2 -year program in: 

a. Project planning; 

b. Management; 

c. Environmental sciences; 

d. Engineering; 

e. Construction; 
Added latlgttabc in bold italics; 40 

dclctcd latiguagc s~rtsbk- -trgh 

.f Architecture; 

h. Industrial hygiene; 

i. Occupational health, or 

j. A related scientific field; and 

(3) A minimum of G months experience in asbestos abatement, including experience in 

asbestos management, or a combination of education aiid experience equivalent to that 

minimum. 

(c) The departncent shall renew till asbestos managenzent planner certification all izualIV provided 

the certificate holder: 

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

(2) Provides documentation that the applicant has attended and completed an approved 

asbestos management planner annual review training course as outlined in Env-A 1809.03(j), 

with a score of 70 percent or greater on the required written examination . 

i' A 5004.' ^ Env-A 1810.17 Asbestos Proiect Designer Renuirements. 

(a) No individual shall function as an asbestos project designer for schools in New Hampshire 

without first being certified as an asbestos project designer under the provisions of this chapter. 

(b) The 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 abatement project designer course as 

outlined in Env-A 1809.03(g) and (i), with a score of 70 percent or greater on the required 

written examination ; and 

(2) One of the following combinations of education, training, and professional registration: 

a. At least 12 months experience in asbestos abatement and a bachelor's degree in 

industrial hygiene, occupational health, environmental science, biological or physical 

science or a closely related field; 

b. At least 12 months experience in asbestos abatement and registration as a registered 

architect or registered engineer; or 

c. At least 2 years experience in asbestos abatement including experience in asbestos 

abatement design. 

(c) The department shall renew an asbestos abatement project designer certification annually 

provided the certificate holder: 

(1) Meets the requirements for certification renewal specified in Env-A 1810.07; 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 70 percent or greater on the written examination. 

Me-P -58 98.03-Erzv-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 New Hampshire provided the certification requirements 

of said state(s) are substantially equivalent to the provisions of Env-A 1810 for the individual discipline 

certification for which application is being made. 

(b) The applicant for reciprocity shall: 

(1) Apply in accordance with Env-A 1810.03; and 

(2) Fulfill all requirements as specified for the individual discipline certification for which 

application is being made. 

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 En v-A 1811 LICENSING; ASBESTOS DISPOSAL SITE CONTRACTORS 

ReP50z-1, o ~ Env-A I811.01 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. 

ne P 5o11 .0zEnv 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. 

lie D 53-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 
42 Added language in hold italics; 

clcletccl language st+t+~I-hr<>uo 

an asbestos disposal site, subject to the following conditions: 

(1) The entity or individual shall not be under license suspension or revocation pursuant to 

these ,rules; 

(2) The quantity of material disturbed slzall not exceed one cubic fool; 

(3) The area of disturbance shall not exceed 3 square feet; 

(4) The work shall be completed within 2 hours of being 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 ashestos fbers and in 

accordance with other federal, state, and local requirements, including the requirements 

identified in En v-A 1801.01(b) ; and 

(7) The work shall not be part of a larger project that is being segmented into small-scale, 

short-duration tasks; and 

(d) Entities and individuals removing non-friable asbestos only from the ground surface to a 

container for disposal, subject to the following conditions: 

(1) The activity shall not involve excavation below the ground surface; 

(2) The activity shall not involve contact with friable asbestos or asbestos that exhibits 

friable characteristics; and 

(3) The work shall be done in a manner that prevents the release of asbestos fibers and in 

accordance with other federal, state, and local requirements, including the requirements 

identified in Env-A 1801.01(b) . 

He D c-,^rEnv-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 a form obtained from the department. 

(b) Pie applicant shall provide the following information: 

(1) The applicant's name, mailing address, and daytime telephone number; 

(2) Whether the applicant is an individual or an entity, and, if an entity, whetIier 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; 
Added language in bold italics; 43 

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

(S) If the applicant is an entity, then for each of its responsible persons, the individual's : 

a. Name and title; 

b. Date of birth; and 

c. Address; 

(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; 

(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 tlae 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, tile certificate number and 

expiration date; 

g. If the individual is not certified pursuant to Env-A 1812, the date application for 
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 who fidfills the licensing requirement specified in Env-A 1811.08(b) . 

(d) An application.fee of $250 shall « ccompar~), each application ./or licensure. Payn~ent shall be 

in the form of cash, contpany~check, certified check, or money order. A company check, ~certified check, 

or money order shall be made p~ryable lo "Treasurer, State of Neiv 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 application for licensure if the 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 requirements for licensure specified in Env-A 1811.08; 

(4) Holds a license or certification that is currently under suspension or that has been 

revoked pursuant to this chapter or He-P 5000; 

(S) Meets any of the criteria for denying a license application specified in Env-C 209.02 ; or 

(6) Has a performance history, including violations by the applicant or its responsible 

persons of any state or federal environmental, health, or safety requirement that relates to the 

type of work for which licensure is sought, that causes the department to conclude that the 

applicant will not be able to comply with these rules. 

(c) A license shall: 

(1) Be issued in writing for the type of work the applicant is qualified to perform; 

(2) Be dated and signed by the commissioner or the commissioner's designee; 

(3) Be valid for a period of 12 months from the date of issuance; 

(4) Include the name and address of the applicant; 

(5) Include such terms and conditions as necessary to protect public health, safety, and the 

environment; 

(6) Bear a unique identification number; and 
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 other federal, state, or local requirements, including any other 

obligation for obtaining licenses, permits, training, or other approvals for 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 issued pursuant to this 

part in accordance with RSA 541-A:30 and the applicable provisions of Env-C 200. 

(b) The department shall revoke a license if good cause exists to suspend or revoke the license, as 

provided by (d) below; and 

(1) The underlying problem(s) cannot be corrected or eliminated; or 

(2) The 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 

(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 if the license holder : 

(1) r' ° fie°_-s°'-o'''°r eObtained the license based on false or misleading material 

information ; 

(2) Violated the safe work practices prescribed instate 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 ; 

(S) Has failed to comply with these rules or the terms and conditions of the license; or 

(6) Has a performance history, including violations by the applicant or its responsible 

persons of any state or federal environmental, health, or safety requirement that relates to tile 

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. 

H° P SG 1811.07 License Renewal. 

(a) A license holder wishing to renew an expiring license shall apply in writing on a form 

obtained from the department that includes the following information: 
Added language in bold italics; 46 

cleleted language .,t,UG,~tIIR-a tte,l1 

(1) All application information required in Emv-A 1811.04(b); 

(2) T/te license rtuntber auzd issue tlate of the 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 and signed as specified in Env-A 

1810.05 by the applicant and each responsible person fulfilling the licensing requirement specified in 

Env-A 1811.08(b) . 

(c) An application fee of $250 shall accompany each application . Payment shall be in the form 

of cash, company check, certified check, or money order. A company check, certified check or money 

order shall be made payable to "Treasurer, State of New Hampshire ". 

(d) An application to renew an expiring license shall be submitted to the department no more 

than 60 days prior to the license expiration (late. 

(e) The department shall process applications to renew an 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 of the suspension have been fully satisfied 

_R 50- -14- .o& Env A 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 of state. 

(b) License holders shall have at least one responsible person who is actively involved with 

decisions regarding the license and related matters, and is certified pursuant to Env-A 1812. 

(c) License holders shall not undertake any work under the authority of the license unless: 

(1) The work is actively supervised at all times by at least one individual who is certified as 

an experienced worker pursuant to Env-A 1812 and meets the requirements of a competent 

person as specified in 29 CFR 1926.1101 or an on-site supervisor as specified in 29 CFR 

1910.120, or both; 
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 perform the work; 

(3) At the work site, the number of workers who are certified as workers-in-training 

pursuant to Env A 1812 does not exceed 2 limes the number of workers who are certified as 

experienced workers pursuant to Env-A 1812; 

(4) The license or a certified copy thereof is posted at a conspicuous location at the work site 

where site conditions do not require personal protective equipment to be worn by those 

present; 

(S) The certificates, or copies thereof, of all workers present at the work site are available for 

inspection by the department and the local health officer at a conspicuous location at the 

work site where site conditions do not require personal protective equipment to be worn by 

those present; and 

(6) A current copy of Env A 1801, Env-A 1802, Env-A 1811, Env A 1812, and Env A 1813 is 

available for reference by workers at a conspicuous location at the work site where site 

conditions do not require personal protective equipment to be worn by those present. 

(d) License holders shall maintain business and personnel records in conformance witli federal 

requirements, including but not limited to: 

(1) 29 CFR 1926.1101(n); 

(2) 29 CFR 1910.1001(m) ; and 

(3) 29 CFR 1910.1020. 

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 ~~rEnv A 1812 CERTIFICATION OFASBESTOS DISPOSAL SITE WORKERS 

14o Pcn i 2,n i Env-A 1812.01 Purpose. The purpose of the rules in this part 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-5 012.02-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 valid certificate issued pursuant to this part. 

He -P 50 12,0TEnv 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; 
Adclcd laiiguage in bold italics; 

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

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

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

48 

(5) The individual performing 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 site for inspection; 

(6) The work shall he done in a manner that prevents the release of asbestos .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 only from the ground surface to a container for disposal, subject to order to remove nonthe following conditions: 

(1) The activity shall not involve excavation below the ground surface; 

(2) The activity shall not involve contact with friable asbestos or asbestos that exhibits 

friable characteristics; and 

(3) Tile work shall be done in a manner that prevents the release qf asbestos fibers and in 

accordance with other federal, state, and local requirements, including those identified in 

Env-A 1801.01(b) . 

lie -D 5 012 .04-Env-A 1812.04 Application for Certification . The following provisions shall apply to 

individuals seeking certification for the first 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 a form obtained from the department; 

(b) The application shall include the following: 

(1) Name, mailing address, daytime telephone number, and date of birth of the applicant; 

(2) Name, address, and daytime telephone number of each entity or individual licensed, or to 

be licensed pursuant to Env-A 1811, with whom the applicant is currently employed or 

otherwise associated for the performance of work involving the disturbance of asbestos at 

asbestos disposal sites; 

(3) A list of all state or federal enforcement actions, both past and pending, against tile 

applicant with regard to environmental, health or safety activities, and the current status of 

each such enforcement action; 

(4) Identification of all certifications and licenses, both past and present, issued to tit e 
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 En v-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; 

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 New Hampshire". 

ue n cn, 2.nc Env A 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 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 
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 of work for 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 writing for the type of work 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 of 12 nzontlts.J'ront the date of issuance; 

(4) Include the name, address, date of birth, and photograph uf the certificate holder; 

(S) Include such terms and conditions necessarv to protect public health, sqfefy and the 

environment; 

(6) Bear a unique identification number; and 

(7) Be non-transferable. 

(d) Issuance of a certification shall not eliminate any obligation of the certificate holder to 

comply with any other federal, state, or local requirements for the performance of the work, including 

any obligation to obtain additional training and certifications, licenses, permits, or other approvals. 

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 issued pursuant to 

this part in accordance with RSA 541-A:30 and the applicable provisions of Env-C 200. 

(b) The department shall revoke a certification if good cause exists to suspend or revoke the 

certification, as provided by (d) below; and 

(1) The underlying problem(s) cannot be corrected or eliminated; or 

(2) The underlying problem(s) were created by tit e certificate holder knowingly or 

intentionally . 

(c) The department shall suspend a certification if good cause exists to suspend or revoke the 

certification, as provided by (d) below; and 

(1) Given time to do so, the certificate holder can correct or eliminate the underlying 

problem(s); and 

(2) The underlying problem(s) were not created knowingly or intentionally by the certificate 

holder. 

(d) Good cause to suspend or revoke a certificateion shall exist if the certificate holder: 
Added language hi bold italics; 51 

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

(1) Obtained the certification based on false or misleading material information; 

(2) Cheated on the examination ; 

(3) Violated the safe work practices prescribed in state and federal asbestos regulations; 

(4) Has failed to comply with an order of abatement issued pursuant to RSA 141-E:14; 

(S) Meets any of the criteria for suspending, revoking, or refusing to renew a certification 

application specified in Env-C 209.03; 

(6) Has failed to comply with these rules or the terms and conditions of the certification ; or 

(7) Has a performance history, including violations of any state or federal environmental, 

health, or safety requirement that relates to the type of work for which certification is sought, 

that causes the department to conclude that the applicant will not be able to comply with these 

rules. 

rT n c0 i ~ n~

~ 

-wr~ Erav-A 1812.07 Certification Renewal. Re o 

(a) A certificate holder wishing to renew an expiring certification or a certification that has been 

expired for less than one year, shall apply in writing to the department, on a form obtained from the 

department, that includes the following information: 

(1) All application information required in Env-A 1812.04 (b)(1) - (6); 

(2) The certificate number and issue date of the applicant's expiring or expired certificate ; 

(3) A list of asbestos disposal site projects that the certificate holder has worked on since the 

date the expiring or expired certificate was issued, including : 

a. The site location; 

b. The name of the property owner; 

c. The name, address, and telephone number of the license holder for whom the 

certificate holder performed the work; 

d. The name, address, and telephone number of the project site supervisor; 

e. The date the project commenced and the date the project was completed; and 

f. The nature of the work performed 

(4) A statement by the applicant attesting that-the annual refresher training requirements 

specified in Env A 1813.05 have been satisfied; 

(S) 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 
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 renew all expiring certification shall be dated and signed as SfIecIJied in 

Env-A 1810.05 by the applicant. 

(c) Alr application fee of $SO 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 molle~~ 

order shall be made payable to "Treasurer, State of New Hampshire 

(d) Applications to renew an expiring certification sball be suhnritled to the department no less 

than 45 days and no more than 60 days prior to the expiration date of the certification . 

(e) Applications to rerzew arr 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 document published by the 

department in May 2000, titled: Guidance for Managing Asbestos Disposal Sites; and 

(3) Scored 70 percent or better on an examination in accordance with Env-A 1813.03(c) . 

(b) An individual shall be certified as either an experienced worker or a worker-in-training, as 

follows: 

(1) Experienced workers shall be those individuals who have successfully performed at least 

40 hours of work involving the disturbance of asbestos at asbestos disposal sites according to 

the following: 

a. For work experience accrued on or after May 22, 2001, the individual shall have 

performed the work under the supervision of an individual who is certified as all 

experienced worker pursuant to these rules and who meets the requirements qf either a 

competent person as defined in 29 CFR 1926.1101 or an on-site supervisor as defined in 

29 CFR 1910.120, or both. ; and 

b. For work experience accrued before May 22, 2001, the individual shall have 

performed the work either: 

1. As a competent person as specified in 29 CFR 1926.1101 or as an on-site 

supervisor as defined in 29 CFR 1910.120, or both; or 

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 not yet met the experienced 

worker requirements specified in (1) above. 

He-,° 50 12 .09-Env-A 1812.09 Limitations. Individuals certified pursuant to this part shall be 

authorized to disturb asbestos at an asbestos disposal site only when the activities are authorized by an 

entity or individual licensed pursuant to Env A 1811, unless the work is license-exempt work pursuant 

to Env-A 1811.03 . 

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 of birth, daytime telephone number, 

and certificate number; 

(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 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 Env A 1813 TRAINING REQUIREMENTS FOR CERTIFIED ASBESTOS DISPOSAL SITE 

WORKERS 

D SrEnv A 1813.01 Purpose. 

(a) The purpose of this part is to establish the scope of training required to obtain and renew a 

certification pursuant to Env-A 1812. 

(b) The training described in this part is intended to supplement, and not to replace or wholly 

satisfy, federal training requirements for working with asbestos, including, as applicable: 

(1) 29 CFR 1926.1101; 

(2) 29 CFR 1910.120; and 

(3) 40 CFR 763. 
Addcd language in bold italics; 54 

deleted langciagc stMc-I4,-tl1r-et+g41 

Pe -;? 50t142 Env-A lb'13.112 Applicability. The rides in this part sball tipply to all individrraLc 

seeking certification pursuant to En v-A 1812. 

11 cr~~3 .03-Env-A 1813.03 Training Requirements 

(a) Tbe following individuals shall be trained pursuant to the basic training program 

requirements in Env-A 1813.04 prior to applying for a certification pursuant to En v-A 1812: 

(1) Individuals not previously certified pursuant to Env-A 1812; 

(2) Individuals holding a certificale issued pursuant to Env-A 1812 that has been expired for 

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 En v-A 

1812; and 

(4) Individuals wishing to obtain certification who have failed the post-training 

examination, as provided in Env-A 1813.06, 3 consecutive times. 

(b) The following individuals shall satisfy the annual refresher training requirements in Env-A 

1813.05 prior to applying for certification renewal pursuant to Env-A 1812: 

(1) Individuals holding an expiring certificate issued pursuant to Env-A 1812; and 

(2) Individuals holding a certificate issued pursuant to Env A 1812 that has been expirerl_for 

one year or less before the date an application for renewal is submitted pursuant to Env-A 

1812. 

(c) After training pursuant to either (a) or (b), above, is completed, and within 6 months prior to 

filing an application to obtain or renew certification, the trainee shall take and pass an examination as 

specified by Env-A 1813.06. 

u n c0, Z ,nn Ercv-A 1813.04 Basic Training Prof,,ram. 

(a) Basic training shall be obtained through a program, or combination of programs, that covers 

no less than the following topics through a combination of lecture, interactive presentation, and 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 information for smoking cessation ; 

(4) Relevant federal, state, and local regulations, including Env-Sw 2100; 

(S) Personal protective equipment; 

(6) Medical monitoring; 
Added language iii bold italics ; 55 

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

(7) State of the art work practices for disturbing asbestos at asbestos disposal sites, 

including: 

a. Site characterization ; 

h. Site control and site security; 

c. Neighborhood protection; 

tl. Air monitoring and asbestos fiber control; 

e. Cut and fill techniques; 

f 

g. 

Bulk containment, transportation, and disposal of asbestos waste; 

Decontamination procedures for personnel and equipment; 

h. Site closure requirements and clearance determinations pursuant to Env-Sw 2100; 

i . Sampling techniques; and 

j. Managing site emergencies; and 

(8) Best management practices for maintaining closed sites and protecting public health. 

(b) The basic training program shall be taught using a combination of lecture, interactive 

presentation, and hands-on activity. 

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 the following: 

(1) Review of written materials and other information obtained during basic training; 

(2) Review of the document published by the department in May, 2000, titled Guidance for 

Managing Asbestos Disposal Sites; and 

(3) Review of current and relevant federal, state, and local regulations, including these 

rules. 

m. D 5 o-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. 
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 relevant federal, 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 70 percent or greater. 

(f) To obtain a passing score, all individual shall be u llowed 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 qf situations. It is recognized that strict compliance with all such rules proscribed may cause 

hardship or not fit every conceivable situation. Pursuant to RSA 541-A :22, IV, the department 

establishes these procedures and criteria to accommodate those situations where strict adherence would 

not be in the best interest of the public. 

T~ D 5--r- "-Errv-A 1814.02 Procedures for Reguestink), a Waiver. 

(a) Any person who is or would be directly affected by the strict application of a rule ill Ell v A 

1810, Env-A 1811, Env A 1812, or Env A 1813 may request a waiver thereof. 

(b) Each request for a rule waiver shall be in writing. 

(c) Each request for a rule waiver shall include the information specified in Env A 1814.03. 

Env-A 1814.03 Content and Format of Requests 

(a) The person requesting the rule waiver shall provide the following information: 

(1) The name, address, and daytime telephone number of the person requesting file waiver; 

(2) Identification of the specific rule(s) from which the applicant is seeking a waiver; 

(3) The period of time during which the applicant wishes the waiver to be effective ; 

(4) A description of the specific project(s) to which the waiver is intended to apply or a 

statement that the requested waiver is intended to apply without regard to a specific project(s); 
Added language in bold italics ; 57 

deleted language sTri*ek -flrt~et+gh 

(S) A full explanation of why the waiver is necessary, including an explanation of'the 

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 lieu of complying with the rule; 

(7) A full explanation of how each of the alternatives proposed pursuant to (6) above, is 

consistent with the purpose and intent of RSA 141-E and Env-A 1800, and is otherwise 

adequate to protect public health, safety and the environment; and 

(8) A list of all state and federal enforcement actions, both past and pending, against the 

applicant, including responsible persons in its employ, with regard to environmental, health 

or safety activities, and the current status of each such enforcement action. 

(b) Each request for waiver shall be dated and signed by the applicant. 

(c) The signature shall constitute certification that: 

(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. 

Re n 501 0 .03- A 1814.04 Criteria for Granting a Waiver. 

(a) Subject to (b), below, the department shall grant a request for a rule waiver if. 

(1) Granting the request will not result in an adverse effect to public health, public safety, 

the environment, or the natural resources of the state of New Hampshire; and 

(2) One or more of the following conditions will be satisfied: 

a. Granting the request is consistent with the purpose and intent of the rule being 

waived; or 

b. Strict compliance with the rule will provide no benefit to the public and will cause 

an operational or economic hardship to the applicant. 

(b) No rule waiver shall be granted if the effect of the waiver would be to waive or modify: 

(1) A federal or state statutory requirement, unless the statute specifically allows for a 

waiver; or 

(2) A federal or state constitutional requirement. 

Env-A 1814.05 Decisions. 

(a) The department shall notify the person requesting the waiver of the 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 of approvalshall 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-C 400) 

#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 of the general public by ensuring that asbestos 

is managed in a manner that prevents the release of asbestos fibers to the environment and human exposure 

thereto . 

(b) It is intended that the rules in this chapter be used in conjunction with other federal, state, and 

local requirements for managing and controlling asbestos, including but not limited to : 

(1) Administrative rules established by the department pursuant to RSA 149-M; and 

(2) Federal regulations, including those relating to worker safety, established by: 

a . U.S . Occupational Safety and Health Administration (OSHA) in 29 CFR 1910 and 29 

CFR 1926; and 

b. U.S . Environmental Protection Agency (EPA) in 40 CFR 61 and 40 CFR 763 . 

Source. (See Revision Note at chapter heading for Env-A 

1800) #9298, eff 10-21-08 

1 Env-A 1800 
NI ;W I 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 G I, 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 

PAR F 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 of asbestos . 

Source. (See Revision Note at chapter heading for Env-A 

1800) #9298, eff 10-21-08 

2 Env-A 1800 
NEW 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 firm or individual who analyzes bulk or air samples in 

order to determine asbestos content, asbestos fiber counting or total fiber counting. 

Source. (See Revision Note 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 program which 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 asbestiform tremolite, 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 from structural members, walls, ceilings, or other building 

surfaces, or ducts, pipes, boilers, tanks, reactors, furnaces, or other vessels ; and 

(e) The repair of RACM to minimize the likelihood of fiber release from damaged areas . Repair may 

include, but shall not be limited to, application of duct tape, rewettable glass cloth, canvas, cement, or other 

suitable materials to seal exposed areas where asbestos fibers may be released, or repair of damaged, 

previously encapsulated, RACM with non-asbestos substitutes ; and re-encapsulation or repair of enclosures 

around RACM." 

Source. (See Revision Note at chapter heading for Env-A 

1800) #9298, eff 10-21-08 

3 Env-A 1800 
NI',W I [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'~i n 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 term includes 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 1800 
NEW 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 1800 
NI :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 (list urhance 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 of ashestos-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 from being 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 ACM to 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 ACM and 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 1800 
NEW 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 of providing 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 room which is part of the worker 

decontamination enclosure system and 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 from the 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 1800 
NEW I IAMPSI IIRI : C01)1,' OI,AUMINIS fRA f 1V1 ; 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, c IT 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 term does 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 of the 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 1800 
NEW 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 ACM that will be or has been subjected to sanding, grinding, cutting, or 

abrading; or 

(d) Category It 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 . 

Source. (See Revision Note at chapter heading for Env-A 

1800) #9298, eff 10-21-08 

Env-A 1802.47 "Removal" means the stripping of any RACM from surfaces 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 from any 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 1800 
NEW 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 room between the clean room and 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 of electrical 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 1800 
NEW 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 1800 
NI?W I ]AM PSI I1R1 ; CODE OF ADMINIS 1RA'I'IVI? R111,I ;S 

(2) 13e provided at Icast ID vvorkin f, 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/O shall provide the department with quarterly reports ol 

activities performed under such annual notification that include dales of' removal . amounts and kinds of' 

KA('M removed, nnd disposnl site used . 

(d) I'hc O/O shall 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/O shall : 

(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/O shall : 

(1) Provide the information required by 40 CFR 61 .145(b)(4) : and 

(2) Present that information in the format specified in 40 CFR G1 .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 1800 
NEW 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 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, 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 of the disposal site ; and 

(6) The quantity(ies) of ACM 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 . 

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 form of cash, company check, certified check, or money order. A 

company check or certified check or money order shall be made payable to "Treasurer, State of New 

Hampshire" . 

(c) Notification fees shall be as follows : 

(1) For a notification of a major asbestos abatement project - class N, $300; 

(2) For a notification of a major asbestos abatement project - class S, $50; 

13 Env-A 1800 
NI ;W IInMPSI 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 Insp ections Requi red Prior to Commencin~,~ Demolition or Renovation . 

(a) Prior to undertaking any demolition or renovation as defined by this chapter, the O/O shall 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 perform asbestos inspections . 

S "out -cc, (See I~cvision Note at chapter headino for k1i I v-A 

1800) 1/9298, efT 10-2 1 -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 of each 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 1800 
NEW HAMPSHIRE CODE OP ADMINISTRATIVE RULES 

(c) The scheduled and actual starting and completion dates and, if an actual date differs from the date 

originally scheduled, a statement of reasons for the difference(s) ; 

(f) Documentation of compliance with all applicable requirements of this 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 of the 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 from the 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 review building records for references to ACM used in 

construction or repairs and provide all information found to the department in writing. 

(b) If, during an inspection pursuant to RSA 141-E:8 or RSA 141-E:13, the authorized representative 

observes material suspected of being friable ACM, the authorized representative shall touch or rub the 

suspect material to determine friability . 

(c) If the suspect material is friable, the authorized representative shall : 

(1) Collect 3 bulk samples of the material ; 

(2) Collect air samples; and 

(3) Have the samples analyzed by an asbestos analysis service which meets the criteria set forth 

under Env-A 1808. 

15 Env-A 1800 
NI;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 Uelerntinatiqn_ol~_Damage or_ I)eterioration . Friable ACM shall he decmed to he 

deteriorated or dalliat"cd if . 

(it) H IC material has pulled away from the 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 below the 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 Poten tial fo r 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 plenum or 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 of a private dwelling may request the department to inspect the dwelling for the 

presence of RACM; 

(2) If the department finds RACM, the department shall make recommendations to the owner 

For the abatement of the RACM; and 

(3) '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 1800 
NEW 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 of the 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 sum of the following for each 

department employee who participates in the inspection : 

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

(2) Lodging costs, if lodging is or becomes necessary due to the amount of time needed for 

travel and the inspection, the distance from Concord, and weather conditions ; 

(3) Cost of meals, if the time needed for the inspection and travel exceeds 4 hours; 

(4) Costs of specialty equipment and consumable supplies, where these costs were incurred 

specifically in order to carry out the specific inspection ; and 

(5) The product of the number of hours or portion thereof which the employee spent traveling 

and inspecting, multiplied by the hourly rate, including benefits, of that employee . 

(d) The schedule of fees for sample analyses shall be as follows : 

(1) Bulk samples shall be $75 per sample analyzed by polarized light microscopy (PLM); 

(2) Air samples shall be $50 per sample when analyzed by phase contrast microscopy (PCM) ; 

and 

(3) Air samples shall be $250 per sample when analyzed by transmission electron microscopy 

(TEM). 

(e) The department shall send the bill for the fee to the O/O of the facility . The fee shall be paid 

within 30 days of the date of the department's bill . 

Source. (See Revision Note at chapter heading for Env-A 

1800) #9298, eff 10-21-08 

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

PAR I' I!n%--A I8i)5 WORK I'IZAC"I1('I : RliO111K1?MI?N'I S 

I?nv-A 18(15.p1 Requirements for _Major Asbestos Ahatemen t 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 Asbestos 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 system doorways, using sheeting having a minimum thickness of' 6 

tnil ; 

(c) Post warning signs at all entrances to the work area ; 

(d) Remove all movable objects from the work area; 

(c) Clean or dispose of as asbestos waste all contaminated items that are removed from the work area : 

(f) (']call all non-movable objects in the work area, then cover with sheeting having a minimum 

thickness of 4 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 1800 
NEW 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) If exhausted to interior spaces, the exhaust shall be monitored for fiber release by: 

(1) Using a continuous, direct reading instrument equipped with a chart recorder located at the 

exhaust ; or 

(2) Taking daily air samples at the exhaust and having them analyzed, 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 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 system shall be airtight . 

(f) All entrances to and exits from the work area shall be through the decontamination enclosure 

system . 

19 Env-A 1800 
NIF;W I 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 RACM shall 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('M shall 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 perform cleanup 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/O shall perform the 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 40 CFR 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-Sw 901 . 

(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/O shall obtain the services of an independent industrial hygienist to conduct 

clearance air sampling. 

20 Env-A 1800 
NEW 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/O shall 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 system shall 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 of Analytical 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 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 RACK all RACM shall be removed in accordance with the applicable provisions of 

this chapter, subject to (c), below. 

21 Env-A 1800 
NI;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('M that has (lie putcntial to be disturbed during the 

inslall ;dion of htill gcrs, 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/O shall : 

(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 low pressurc 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 pro ject shall take the following precautions at 

a minimum to prevent the release of asbestos fibers into the ambient air : 

22 Env-A 1800 
NEW 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 RACM shall 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-Sw 901 . 

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 of the 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 Altern ative 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 from an 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 of the project which led to the request . 

(d) The department shall approve the alternative procedure if: 

23 Env-A 1800 
NEW 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 1808.0 1 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,a l 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 1800 
NEW 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: 

"Interim Method of the Determination of Asbestos in Bulk Insulation Samples" or as defined and accepted by 

the NIST for PLM accreditation . 

Source. (See Revision Note 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 1800 
NI?w I IAMI Sl 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) A description 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 of the 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 1800 
NEW 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 maximum of 4 hours in any single session . 

(f) For an asbestos training course outlined in the MAP, no fewer than 2 qualified instructors will 

provide the training, except that one instructor may conduct courses for asbestos abatement workers provided 

that the instructor is both field-experienced and qualified ; 

(g) For a training course for asbestos abatement workers, asbestos abatement contractors and 

supervisors, asbestos inspectors, asbestos management planners, or asbestos project designers, the course will 

meet those requirements specific to each discipline as set forth in the MAP; 

(h) Successful completion of a course for asbestos abatement workers, asbestos abatement inspectors, 

and asbestos management planners will be demonstrated by achieving a score of at least 70 percent on a 

written examination consisting of 50 multiple choice questions ; 

(i) Successful completion of a course for asbestos abatement contractors and supervisors and for 

asbestos project designers will be demonstrated by achieving a score of at least 70 percent on a written 

examination consisting of 100 multiple choice questions ; and 

(j) If the proposed course is a refresher training course, the course will : 

(1) Meet the applicable requirements as set forth in the MAP; 

(2) Be specific to only one AHERA discipline; and 

(3) Require successful completion of the course to be demonstrated by achieving a score of at 

least 70 percent on a written examination consisting of 25 multiple choice questions. 

Source. (See Revision Note 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 1800 
NGW 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 of birth of the student ; 

(2) The course completed; 

(3) The date(s) of the course and the examination; 

28 Env-A 1800 
NEW 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 Resp onsibilities . 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 of the following : 

(1) The title of each initial and refresher course taught ; 

(2) The date(s) on which the course was provided ; and 

(3) The name, address, and date of birth of each student who successfully completed the course : 

(c) Notify the department in writing within 30 days following any change in course content. training 

aids used, facility used, or other matters that would alter the instruction from that described in the 

application . Minor changes in agenda, such as guest speakers, if otherwise qualified, and course schedule 

shall be exempt from this notification requirement ; 

(d) Distribute and use as part of the course content any information or training aids furnished by the 

department which reflect changes in federal regulations or state rules ; 

(e) Allow a representative of the department to audit courses and review examinations without cost to 

the department ; 

(f) Provide written notification to the department at least 10 working days prior to providing any 

asbestos training courses, including : 

(1) Name of training provider ; 

(2) Course(s) to be given ; and 

(3) Location and date(s) of course(s) ; 

(g) Make the records retained in accordance with 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) of the course ; and 

29 Env-A 1800 
NI?W I 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 Pro ccs 

(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 renew the 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 from the 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 1800 
NEW 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 of the department's notice . 

(b) If the department receives a written request for an adjudicative hearing in accordance with (a)(3), 

above, the department shall proceed in accordance with RSA 541-A:31 and Env-C 200 as applicable to 

adjudicative proceedings . 

(c) If the department does not receive a written request for an adjudicative hearing in accordance with 

(a)(3), above, the approval shall be deemed suspended or revoked, as specified in the notice issued pursuant 

to (a), above, as of the 16" working day from the date of the department's notice . 

(d) The department shall suspend a training provider approval if the department determines that one 

or more reason(s) to suspend or revoke a training provider approval exists but that : 

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

(2) The deficiency(ies) can be corrected so as to conform to applicable requirements . 

(e) If the department suspends a training provider approval, the department shall : 

(1) Notify the training provider in writing of the specific deficiency(ies) ; 

(2) Specify a reasonable time to correct the deficiency(ies), which shall be determined based on 

the number and nature of the deficiency(ies) ; and 

(3) Inform the training provider in the written notice that if the deficiencies are not corrected 

within the specified time, the approval shall be deemed revoked. 

(f) The department shall revoke a training provider approval if the department determines that one or 

more reason(s) to suspend or revoke a training provider approval exists and that: 

(1) The training provider acted with intent to deceive ; or 

(2) The deficiency(ies) can not be corrected so as to conform to applicable requirements . 

31 Env-A 1800 
NF.W I 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 whom a certification has been issued pursuant to this part shall maintain a 

current training certificate while the certification is in effect . 

(d) Each individual performing work at an asbestos abatement project in New Hampshire, except as 

exempted under 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 1800 
NEW 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 CFR 763 .92(a)(1) and (2) ; 

(2) Receives 4 hours of refresher training annually, which refresher courses shall include 

changes in federal and state regulations, developments in state-of-the-art procedures, and a 

review of key aspects of the initial training course ; and 

(3) Performs only operations, maintenance, and repair activities that are of small-scale and 

short-duration as defined in Env-A 1802.54 . 

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) A complete application shall include : 

(1) The informaiion specified in Env-A 1810.04 and 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 Applic alions . 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 from that agency; 

(3) The type of certification 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 of thc 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 1800 
NEW 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 of the knowledge and belief of 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 of an application to renew. 

(d) The department shall not accept an application for renewal of a license or certification more than 

60 days before expiration of the current license or certification . 

35 Env-A 1800 
NGW 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 of a lost or stolen certif icatc, 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 : Bullets and 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 from the date of the department's notice . 

36 Env-A 1800 
NEW 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 of the 16'h working day from the date of the department's notice . 

(d) The department shall suspend a license or certification if the department determines that one or 

more reason(s) to suspend or revoke a license or certification exists but that : 

(1) The license or certification holder did not act with intent to deceive ; and 

(2) The deficiency(ies) can be corrected so as to conform to applicable requirements . 

(e) If the department suspends a license or certification, the department shall : 

(1) Notify the license or certification holder in writing of the specific deficiency(ies) ; 

(2) Specify a reasonable time to correct the deficiency(ies), which shall be determined based on 

the number and nature of the deficiency(ies) ; and 

(3) Inform the license or certification holder in the written notice that if the deficiencies are not 

corrected within the specified time, the approval shall be deemed revoked. 

(f) The department shall revoke a license or certification if the department determines that one or 

more reason(s) to suspend or revoke a license or certification exists and that : 

(1) The license or certification holder acted with intent to deceive ; or 

(2) The deficiency(ies) can not be corrected so as to conform to applicable requirements . 

(g) If the department revokes a license or certification, the department shall notify the license or 

certification holder in writing of the revocation and the reason(s) therefor . 

(h) If the department obtains credible information indicating that a reason exists to suspend or revoke 

a license or certification as specified in (i), below, while an application for renewal of a license or 

certification is pending, the department shall inform the license or certification holder of the information and 

offer an opportunity for the license or certification holder to respond to the information prior to a decision 

being made on the application for renewal . 

(i) A license or certification shall be denied, suspended or revoked if: 

(1) The official record of the applicant, license holder, or certification holder contains violations 

of health and safety laws or regulations of the United States of America, or any state, which pose 

a threat to workers or the public ; 

(2) The applicant, license holder, or certification holder has submitted materially false or 

fraudulent information on an application ; 

(3) The applicant, license holder, or certification holder has failed to submit any required 

information or documentation with the application ; or 

37 Env-A 1800 
NFW 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 from the 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 of this 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 of the 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 1800 
NEW 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 of this chapter and to have a current 

training certificate ; 

(6) Submit documentation of all employee training upon request of the department; 

(7) Notify the department within 30 days of any change in the names or addresses of any 

responsible person(s) who work(s) for the licensed entity ; and 

(8) Maintain an accurate list of the name of each individual entering and exiting an established 

asbestos abatement containment area. 

(d) The department shall renew an asbestos abatement entity license annually provided the license 

holder meets the license renewal requirements specified in Env-A 1810.07, and provides the following : 

(1) A current list of New Hampshire-certified asbestos abatement supervisors in its employ ; 

(2) A list of projects performed by the licensed entity within the last 12 months, which includes 

the date of project, name of project owner, contact person, telephone number, and project 

supervisor(s) ; and 

(3) Documentation of attendance and completion, by a responsible person as defined in Env-A 

1802.50 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 New Hampshire 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 renew an 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 review course 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 renew an 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 review course 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 f ied 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 1800 
NEW 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 renew an 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 review trainung 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 New Hampshire 

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 minimum of an associate degree or certificate of completion of a 2-year program in : 

a. Project planning ; 

b. Management ; 

c. Environmental sciences ; 

d. Engineering; 

e. Construction; 

f. Architecture ; 

g. Industrial hygiene ; 

h. Occupational health, or 

i . A related scientific field; and 

(3) A minimum of 6 months experience in asbestos abatement, including experience in asbestos 

management, or a combination of education and experience equivalent to that minimum. 

(c) The department shall renew an asbestos management planner certification annually provided the 

certificate holder : 

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

41 Env-A 1800 
NI,W I 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 renew an 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 review training 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 New Hampshire, provided the certification requirements of said 

state(s) are substantially equivalent to the provisions of Env-A 1810 for the individual discipline certification 

for which application is being made. 

(b) The applicant for reciprocity shall : 

(1) Apply in accordance with Gnv-A 1810.03 ; and 

42 Env-A 1800 
NEW 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 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 ; 

43 Env-A 1800 
NI :W I ]AM l>511uz1 ; coIA r. (>r nDMINISflzn V] 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 firom the ,,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 App lications litrl,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 am entity, 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 1800 
NEW 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 who fulfills 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 form of cash, company check, certified check, or money order. A company check, certified check, or 

money order shall be made payable to "Treasurer, State of New Hampshire". 

Source. (See Revision Note at chapter heading for Env-A 

1800) #9298, eff 10-21-08 

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

I'm-A I RI I .Oi Review and Decision . 

(u) Applications shall he revicwed by the deportment in uccordance with IZSn 541-A :29. 

(h) I'he department shall deny im application 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 from the date of issuance ; 

(4) Include the name and address of the applicant; 

(5) Include such terms and conditions as necessary to protect public health, safety, and the 

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 1800 
NEW 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 of the license ; or 

(6) Has a performance history, including violations by the applicant or its responsible persons of 

any state or federal environmental, health, or safety requirement that relates to the type of work 

for which licensure is sought, that causes the department to conclude that the applicant will not 

be able to comply with these rules . 

Source. (See Revision Note at chapter heading for Env-A 

1800) #9298, eff 10-21-08 

Env-A 1811 .07 License Renewal . 

(a) A license holder wishing to renew an expiring license shall apply in writing on a form obtained 

from the 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 1800 
NI?W I IAMPSI IIIZI? Ct)U1; ()l~ AUMINIS fRA I'IVI : Rll1,FIS 

1'. 1'rojcct sile sopcrvisor 

(h) F he 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 form of' 

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 renew an 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 New Ilatnpshire, 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 perform the 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 1800 
NEW 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 Purpose . 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 1800 
NM 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) . 

Source. (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 one year 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 form obtained from tile dcpnrlrncnt; 

(b) The application shall include the (ollowing : 

( I ) Name, mailing address, daytime telephone number, and date of birth of the 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 whom the applicant is currently employed or otherwise 

associated for the perlbrmvicc of work 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 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'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 1800 
NEW 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 New Hampshire". 

Source. (See Revision Note at chapter heading for Env-A 

1800) 49298, eff 10-21-08 

Env-A 1812.05 Review and Decision . 

(a) Applications shall be reviewed by the department in accordance with RSA 541-A:29 . 

(b) The department shall deny an application if: 

(1) The applicant submits incomplete information in the application and does not correct the 

omission despite notification pursuant to RSA 541-A:29, 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 of issuance ; 

(4) Include the name, address, date of birth, and photograph of the certificate holder ; 

(5) Include such terms and conditions necessary to protect public health, safety and the 

environment; 

51 Env-A 1800 
NI!W I 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 am olhcr 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 of 1?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 renew a 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 1800 
NEW HAMPSHIRE CODE OF ADMINISTRATIVE RULES 

Env-A 1812.07 Certification Renewal. 

(a) A certificate holder wishing to renew an expiring certification or a certification that has been 

expired for less than one year, shall apply in writing to the department, on a form obtained from the 

department, that includes the following information : 

(1) All application information required in Env-A 1812.04(b)(1) - (6) ; 

(2) The certificate number and issue date of the applicant's expiring or expired certificate ; 

(3) A list of asbestos disposal site projects that the certificate holder has worked on since the 

date the expiring or expired certificate was issued, including : 

a . The site location; 

b. The name of the property owner; 

c . The name, address, and telephone number of the license holder for whom the certificate 

holder performed the work; 

d . The name, address, and telephone number of the project site supervisor ; 

e . The date the project commenced and the date the project was completed; and 

f. The nature of the work performed. 

(4) A statement by the applicant attesting that the annual refresher training requirements 

specified in Env-A 1813.05 have been satisfied; 

(5) A test score report issued by the department showing the date and results of an examination 

taken by the applicant in accordance with Env-A 1813.03(c) ; and 

(6) If seeking to have the certification upgraded from a worker-in-training certification to an 

experienced worker certification, the information specified in Env-A 1812. 1 0(a)(2) and (3) . 

(b) An application to renew an 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 form of cash, 

company check, certified check, or money order . A company check, certified check or money order shall be 

made payable to "Treasurer, State of New Hampshire" . 

(d) Applications to renew an expiring certification shall be submitted to the department no less than 

45 days and no more than 60 days prior to the expiration date of the certification . 

(e) Applications to renew an expiring certification shall be processed in accordance with Env-A 

1812 .05 . 

(f) An expiring certification that is under suspension shall not be renewed before all terms and 

conditions of the suspension are fully satisfied . 

Source. (See Revision Note 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 dcf ined 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 18 1 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 1800 
NEW 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 renew a 

certification pursuant to Env-A 1812 . 

(b) The training described in this part is intended to supplement, and not to replace or wholly satisfy, 

federal training requirements for working with asbestos, including, as applicable : 

(1) 29 CFR 1926.1101 ; 

(2) 29 CFR 1910 .120 : and 

(3) 40 CFR 763. 

Source. (See Revision Note 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 program requirements in 

Env-A 1813.04 prior to applying for certification pursuant to Env-A 1812 : 

(1) Individuals not previously certified pursuant to Env-A 1812; 

(2) Individuals holding a certificate issued pursuant to Env-A 1812 that has been expired for 

over one year before the date an application for renewal is submitted pursuant to Env-A 1812; 

(3) Individuals holding a certificate that has been revoked pursuant to He-P 5012 or Env-A 

1812; and 

55 Env-A 1800 
NI?W IIAMI'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-Sw 2100; 

(5) Personal protective equipment : 

(6) Medical monitoring ; 

(7) State of the art work practices for disturbing asbestos at asbestos disposal sites, including : 

a . Site characterization ; 

b. Site control and site security; 

c . Neighborhood protection ; 

d . Air monitoring and asbestos fiber control; 

e . Cut and Fill techniques ; 

f. Bulk containment, transportation, and disposal of asbestos waste ; 

g . Decontamination procedures for personnel and equipment ; 

h . Site closure requirements and clearance determinations pursuant to Env-Sw 2100; 

56 Env-A 1800 
NEW 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 program shall 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) Review of written materials and other information obtained during basic training; 

(2) Review of the document published by the department in May, 2000, titled Guidance for 

Managing Asbestos Disposal Sites ; and 

(3) Review of current and relevant federal, state, and local regulations, including these rules . 

Source. (See Revision Note 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 70 percent or greater . 

(f) To obtain a passing score, an individual shall be allowed to retake the required examination up to 3 

times before having to re-attend basic training . 

(g) The department shall report the examination score to the examinee in writing . 

Source . (See Revision Note at chapter heading for Env-A 

1800) #9298, eff 10-21-08 

57 Env-A 1800 
NEW I IAMIIsI Illzr CODE ()I AnM1NIti raArlVl: tzu1 .1 :S 

f>nR'I I .m-n 1814 wAIVIiRS I'KC>M I .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) from which the applicant is seeking a waiver; 

(3) The period of time during which the applicant wishes the waiver to be effective ; 

(4) A description of the specific 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 of the 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 1800 
NEW 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 of the state of New Hampshire ; and 

(2) One or more of the following conditions will be satisfied : 

a. Granting the request is consistent with the purpose and intent of the rule being waived; 

or 

b. Strict compliance with the rule will provide no benefit to the public and will cause an 

operational or economic hardship to the applicant . 

(b) No rule waiver shall be granted if the effect of the waiver would be to waive or modify: 

(1) A federal or state statutory requirement, unless the statute specifically allows for a waiver; or 

(2) A federal or state constitutional requirement. 

Source. (See Revision Note 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 of the decision in writing . 

(b) A notice of denial shall state clearly the reason(s) for denial . 

(c) A notice of approval shall include the terms and conditions under which the waiver is granted, 

including the effective date and expiration date. 

Source. (See Revision Note at chapter heading for Env-A 

1800) #9298, eff 10-21-08 

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

A PPENI)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 

Fn v-n 1802 05 RSA 141-1' :2,1 --- 

Fn v -n_1802 .06 

- 

RSA 141-E :2, 11 - --- ---- 

I?nv-A 1802 . 12 RSA 141-1 ; :2, 111 ------ 

linv-A 1802 .21 

--- -- --- 

RS A 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 18 04 .01- .04 

-- --- 

- - - - RSA 14 i-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 1 41-1 : :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 CFR 61, Subpart M 

-- i?nv-A 1807.02 - - 

- ----- ----- 

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, X I1 

60 Env-A 1800