# ~DES The State of New Hampshire 

### DEPARTMENT OF ENVIRONMENTAL SERVICES


### Thomas S

. Burack, Commissioner

Carol J

. 

### Holahan, Director Office of Legislative Services c

/o Division ofAdministrative Rules 

### 25 Capitol Street State House Annex, Room 219 Concord, New Hampshire 03301-6312

Reference Doc. #9645; Env-Sw 2100


### Dear Director Holahan: February 12, 2010

Pursuant to RSA 541-A:l5 , 

### I-a, I hereby certify that the enclosed rules are the same 

### in substance as the rules originally filed with the Office ofLegislative Services, Division of Administrative Rules. 

### I further certify that the enclosed rule(s), 

### as edited for format by the Division of Administrative Rules, is the official version ofthese rules which this agency is required to publish in an 

### 8 Y7 x 11 inch loose-leafformat 

### as part of the New Hampshire Code of Administrative Rules , under Chapter 

### 5 of the 

### New Hampshire Drafting andProcedure Manual for Administrative Rules and RSA 541-A:lS, I.

Enclosure

cc: v6z.etchen Hamel, DES Legal Unit DES Public Information Center Sincerely,



### Thomas S. Burack Commissioner

ec: 

### K. Allen Brooks, Chief, AGO

-Environmental Protection Bureau Laura K.ieronski, DES WMD SWtvffi

DES Web site: www.des.nh.gov 

# FILED

# ~~~L~

P.O. Box 95, 29 Hazen Drive, Concord, New Hampshire 03302-0095 Telephone : (603 ) 271-3503 • Fax: (603) 271-2867 • TDD Access: Relay NH 1-800-735-2964NEW HAMPSHIRE CODE OF ADMIN ISTRATIVE RULES

TABLE OF CONTENTS CHAPTER Env-Sw 2100 MANAGEMENT AND CONTROL OF ASBESTOS DISPOSAL SITES NOT OPERATED AFTER JULY 9, 198 1 PART Env-Sw 2101 PURPOSE AND SCOPE Section Env-Sw2101.01 Purpose Section Env-Sw 2101.02 Applicability PART Env-Sw 2'102 DEFINITIONS Section Env-S w 2102.0 I Asbestos Section Env-Sw 2102.02 Asbestos Waste Section Env-Sw 2102.03 Asbestos Disposal Site Section Env-Sw 2102.04 Cover Material Section Env-Sw 2102.05 Department Section Env-Sw 2102.06 Emergency Project Section Env-Sw 2102.07 Licensed Contractor Section Env-Sw 2102.08 Major Project Section Env-Sw 21 02.09 Minor Project Section Env-Sw 2102.10 Owner Section Env-Sw 2102.11 Qualified Person Section Env-Sw 2102.12 Utility Project Section Env-Sw 2102.13 Visible Emission PART Env-Sw 2103 WAIVER Section Env-S w 2103.0 I Applicability Section Env-Sw 2103

.02 Waiver Applications Section Env-Sw 2103.03 Review and Decision PART Env-Sw 21 04 GENERAL REQUffi.EMENTS Section Env-Sw 2104.01 Applicability Section Env-Sw 2104.02 Release Prohibited Section Env-Sw 2104.03 Cover Requirements Section Env-Sw 2104.04 Activity and Use Restrictions Section Env-Sw 2104.05 Access Control Section Env-Sw 2104.06 Site Monitoring and Reporting Section Env-Sw 2104.07 Site Maintenance Section Env-Sw 2104.08 Disclosure and Record Keeping· PART Env-Sw 2105 WORK PRACTICES AND ENGINEERING CONTROLS Section Env-Sw 2105.01 Purpose Section Env-Sw 2105.02 Applicability Section Env-Sw 2105.03 Qualified Persons Required Section Env

-Sw 2105.04 Types ofProjects Section Env-Sw 2105.05 General Requirements Section Env-Sw 2105.06 Factors to Consider Section Env-Sw 2105.07 Project Notice Requirements Section Env-Sw 2105.08 Site Preparation Section Env-Sw 2105.09 Site Work Zones Section Env-Sw 2105.10 Access Control and Site Security Section Env-Sw·21 05.11 Excavation or Other Disturbance Section Env-Sw 21 05.12 Personal Protective Equipment
xxix Env-SwNEW HAMPSHIRE CODE OF ADMINISTRA TTVE RULES

Section Env-Sw 21 05

. 13 Air Monitoring Section Env-Sw 2105.14 Decontamination ofPersonnel and Equipment Section Env

- Sw 2105.15 Clearance Determination Section Env-Sw 2105.16 Project Recordkeeping and Reporting Section Env-Sw 2105.17 Additional Reporting Requirements for Major Projects PART Env-Sw 2106 WORK PLANS FOR MAJOR NON-EMERGENCY PROJECTS Section Env-Sw 2106.0 I Applicability Section Env-S w 2 I06.02 General Requirements Section Env-Sw 2106.03 Types of Work Plans Section Env-Sw 2106.04 Project-Spec ific Work Plans Section Env-Sw 2 I06.05 Generic Work Plans Section Env-Sw 2 I06.06 Work Plan Review PART Env-Sw 2107 SUSPENSION AND REVOCATION Section Env-Sw 2107.01 Procedure Section Env-S w 21 07

.02 Good Cause

XXX Env-SwNEW HAMPSHIRE CODE OF ADMINISTRATIVE RULES

CHAPTER Env-Sw 2100 MANAGEMENT AND CONTROL OF ASBESTOS DISPOSAL SITES NOT OPERATED AFTER JULY 9, 1981 Statutory Authority: RSA 141-E:4, XVIIJ REVISION NOTE: This chapter was formerly designated Env-Wm 3900. Document #7647, effective 2-16-02, adopted Env-Wm 3900 containing rules governing asbestos disposal sites where dumping activities ceased by July 10, 1981 pursuant to RSA 141-E:2, 

### ill. Chapter Env-Wm 3900 was subsequently redesignated editorially with a new subtitle and number as Env-Sw 2100 pursuant to a rules reorganization plan for Department rules approved by the Director ofthe Office ofLegislative Services on 9-7-05. Prior to the Document #7647, the rules governing sites where dumping activities had ceased by July 10, 198 1 had been contained within Env

-Wm 2601 as filed under Document #5172, effective 7-1-91, and Document #6535 (interim rule), effective 7-1-97. The former rules within Env-Wm 2601 that governed such asbestos disposal s ites expired as interim rules on I0-29-97. Env-Wm 2601 as filed under Document #6619-B, effective 10

-29-97, did not apply to sites where disposal ceased by July 10, 1981. Env-Wm 2601 was subsequently readopted with amendments and renumbered and redesignated as Env-Sw 901 in Chapter Env-Sw 900 by Document #8459, effective 10-28- 05. See Revision Note at chapter heading for Env-Sw 900. PART Env-Sw 2101 PURPOSE AND SCOPE Env-Sw 2101.01 Purpose. (a) The purpose of the rules in this chapter is to protect public health, safety, and the environment by establishing requirements for managing asbestos disposal sites not regulated under the state solid waste management act, RSA 149-M, and rules adopted pursuant thereto, namely si tes where asbestos exists on or in the ground due to dumping activities that ceased prior to July 10, 1981, including but not limited to the many sites in Nashua and Hudson filled with asbestos manufacturing waste from the Johns-Manville Corporation

. (b) It is intended that the ru l es 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) New Hampshire administrative rules in Env-A 1800 pertaining to li censing contractors and certify ing individuals who disturb asbestos at asbestos disposal sites, as adopted by the department pursuant to RSA 14 I-E; (2) New Hampshire administrative rules in Env-Sw 901 pertaining to the co llection, storage and off- site transfer, processing, treatment, and disposal of asbestos waste, as adopted by the department pursuant to RSA 149-M; (3) Federal regulations pertaining to occupational saf ety and health, including regulations established and implemented by:
a. The Occupational Safety and Health Administration in 29 CFR 1910 and 29 CFR 1926; and b. The U.S. Environmental Protection Agency (USEPA) in 40 CFR 763; (4) Federal regulations pertaining to transportation of asbestos, including regu lations established Env-Sw 2100NEW HAMPSHIRE CODE OF ADMINISTRATfVE RULES
by the U.S. Department ofTransportation in 49 CFR I07 and 49 CFR 171-172; and (5) Federal regulations pertaining to management of inactive disposal sites for asbestos, including regulations established by the USEPA in 40 CFR 61 or the substitute provisions, if any, approved by the USEPA under 40 CFR 63.93 and identified in 40 CFR 63.99.

Env-Sw 2101.02 Applicability. Source. #7647, eff 2-16-02 (See Revision Note at chapter heading for Env-Sw 2100) (formerly Env-Wm 3901.01); ss by #9645, eff 2-16-10
(a) The rules in this chapter shall apply to asbestos disposal sites, as defined by RSA 14 I -E:2, III and Env

-Sw 2102.03

. (b) The asbestos disposal sites identified in (a), above, shall include but are not limited to the many sites in Nashua and Hudson filled with asbestos manufacturing waste from the Johns-Manville Corporation. (c) The rules in this chapter shall not apply to asbestos abatement activities, as defined in RSA 141- E:2 , II, that are subject to the NH administrative rules for asbestos management and control, Env-A 1800, including but not limited to the removal, repair1 or encapsulation of asbestos containing materials during demolition or renovation ofbuildings.

PART Env-Sw 2102 DEFINITIONS Source

. #7647, eff 2-16-02 (See Revision Note at chapter heading for Env-Sw 21 00) (formerly Env-Wm 390 1.02); ss by #9645, eff2-16-IO

Env-Sw 2102.0 I "Asbestos" means "asbestos" as defined by RSA 141-E:2, I, namely "amosite, chrysotile, crocidolite, or asbestiform tremolite, actinolite, or anthophyllite." As used in this chapter, the term includes asbestos contained in any material, product, or by-product. Source

. #7647, eff 2

- 16-02 (See Revision Note at chapter heading for Env-Sw 2100) (formerly Env-Wm 3902.01); ss by #9645, eff2-16-10 Env-Sw 2102.02 "Asbestos waste" means any asbestos or asbestos-containing material, product, or by-product that is discarded or abandoned. Source

. #7647, eff 2-16-02 (See Revision Note at chapter heading for Env-Sw 21 00) (formerly Env-Wm 3902.02); ss by #9645, eff2-16-10 Env-Sw 2102

.03 "Asbestos disposal site " means "asbestos disposal site" as defined by RSA 141-E :2, Ill, 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 ofRSA 149-M." Source

. #7647, eff 2-16

-02 (See Revision Note at chapter heading for Env-Sw 21 00) (formerly Env- Wm 3902.03); ss by #9645, eff2-16-10



### 2 Env-Sw 2100NEW HAMPSHIRE CODE OF ADMINISTRATIVE RULES

Env-Sw 2102.04 "Cover material" means non-asbestos-containing material overlying asbestos at an asbestos di sposal site, including but not limited to clean soil, rock, and other earthen materials, geotextiles and other types ofgeosynthet ics, concrete, bituminou s concrete, and vegetation. Source. #7647, eff 2-16-02 (See Revision Note at chapter heading for Env-Sw 2100) (formerly Env-Wm 3902.04); ss by #9 645 , eff 2-16-10 Env-Sw 2102.05 "Department" means the New Hampshire department ofenvironmental services. Source. #7647, eff 2-16-02 (See Revision Note at chapter heading for Env-Sw 21 00) (formerly Env-Wm 3902.05); ss by #9645, eff2-16-1 0 Env-Sw 2102.06 "Emergency project " means an unf oreseen major or min or project that is the result of a sudden or unexpected event and must proceed expeditiously in order to protect public heal th, safety, or the environment. T he term does not include work that is extraneous to abating the immediate threat to public health, safety, or the environment. · Source. #7647, eff 2-16-02 (See Revision Note at c hapter heading for Env-Sw 2100) (formerly Env-Wm 3902.06); ss by #9645 , eff2-1 6-IO Env-Sw 2102

.07 "Licensed contractor" means: (a) The entity or individual undertaking a minor or major project and holding a valid license iss ued pursuant to Env-A 1811; or (b) If the project is license exempt pursuant to Env-A 1811, the qualified person who is in charge of the project. Source. #7647, eff 2-16-02 (See Revision Note at chapter heading for Env-Sw 2100) (formerly Env-Wm 3902.07); ss by #9645, eff 2-16-10 Env-Sw 2102.08 "Major project" means any activity at an asbestos disposal site that involves the excav ation, removal , exposure, or other d isturbance of more than 160 square feet, which is approxi mately 15 square meters, or 35 cubic feet, which is approximately one c ubic meter, of asbestos or any material mixed with or containing asbestos, where the total disturbance involved in a project is measured cumul atively. Source. #7647, eff 2-1 6-02 (See Revision Note at chapter heading for Env-Sw 2100) (formerly Env-Wm 3902.08); ss by #9645, eff2-16-10 Env-Sw 2102.09 "Minor project" means any activity at an asbestos disposal site that involves the excavation, removal, exposure, or other disturbance of asbestos, or any material mixed with or containing asbestos that is not a major project The tenn does not include a maj or project divided into smaller segments. Source. #7647, eff 2-16-02 (See Revision Note at chapt er heading for Env-Sw 2 1 00) (formerly Env-Wm 3902.09); ss by #9645, eff2-16-10

3 Env-S w 2100NEW HAMPSHIRE CODE OF ADMINISTRATNE RULES

Env-Sw 2102. I 0 "Owner" means the owner of record of a parcel of land where there is an asbestos disposal site. Source. #7647, eff 2-16 -02 (See Revision Note at chapter heading for Env-Sw 2 I 00) (formerly Env- Wm 3902.1 0); ss by #9645, eff2-16-10 Env-Sw 2 102.11 "Qualified person" means an individual who: (a) Is capable of identifying asbestos, asbestos waste at asbestos disposal sites, and asbestos hazards; (b) Is capable of selecting the appropriate control strategies for the release of asbestos fibers to the environment and human asbestos exposure; (c) Has r ead and understands the information provided in**t~e** document titled "Guidance for Managing Asbestos Disposal Sites", publ ished by the department in May, 2000; (d) Has all credentials and holds all licenses, certificates, registrations or other authorizations needed pursuant to federal, state, and local requirements for the performance of the work or delivery of the service that necessitates the qualifications, including but not limited to a valid

. certificate issued pursuant to Env-A 1812, when required; and (e) Performs work at an asbestos disposal site under the authority of an entity or individual holding a val id license issued pursuant to Env-A 1811, unless the work being performed is license exempt pursuant to Env-A 181 I. Source. #7 647 , eff 2-16-02 (See Revision Note at chapter heading for Env-Sw 2100) (formerly Env-Wm 3902.11); ss by #9645, eff2-16-10 Env-Sw 2102.12 "Utility project" means a minor or major project by a utility company or public authority to install, repair, replace, or decommission a priva te or public utility system, or portion thereof, at locations where the responsible utility company or public authority holds such rights of access, and includes the in stallation, repair, replacement, and decommissioning ofthe following: (a) Sanitary sewerage, water, or drainage systems, and related appurtenances; (b) Steam lines and related appurtenances; (c) Natural gas pipelines and related appurtenances; and (d) Above-ground or underground electric, telephone, telecommunication cables or other conduits, and related appurten ances. Source. #7647, eff 2-16-02 (See Revision Note at chapter heading for Env-Sw 21 00) (formerly Env- Wm 3902.12); ss by #9645, eff2-16-1 0 (from Env-Sw 21 02

. 13)

4 Env-Sw2100NEW HAMPSHIRE CODE OF ADMINISTRA

### TNE RULES

Env-Sw 2102. I 3 "Visible emission" means any emission that is visually detectable without the aid of instruments, coming from asbestos waste. The term does not include condensed, uncombined water vapor.

PARTEnv-Sw 2103 WANER Env-Sw 2103.01 Applicability. Source. #7647, eff 2-16-02 (See Revision Note at chapter heading for Env- Sw 2100) (formerly Env-Wm 3902.13); ss by #9645, eff2-16-IO (from Env-Sw 2102.14)

(a) Except as specified by (b) and (c), below, the rules in this part shall apply to any person seeki ng a waiver to a requirement in this chapter. (b) The rules in this part shall not apply to obtaining a waiver to any rule in this chapter that incorporates a statutory requirement, including but not limited to: (1) Env-Sw 2104.02 and Env-Sw 2105.05(a), prohibiting the release of asbestos fib ers to the environment; and (2) Env-Sw 2 I04.08(a), specifying disclosure requirements. (c) The rules in this part shall not apply to obtaining a waiver when both (I) and (2), below, are true, unless the applicant first obtains approval from the USEPA for the same waiver and provides a copy of the approval as specified in Env-Sw 21 03 .02(b)(l0): (1) The request is to waive a rule that the USEPA has approved pursuant to 40 CFR 63.93 and identified in 40 CFR 63.99 as a substitute for a rule promulgated under § 112 ofthe federal Clean Air Act; and (2) The waiver is intended to apply to an asbestos disposal site that was operated by sources covered under 40 CFR 61.142, 40 CFR 61.144, and 40 CPR 61.147, including but not limited to the sites in Nashua and Hudson formerly operated by the Johns-Manville Corporation. Source. #7647, eff 2-16-02 (See Revision Note at chapter heading for Env-Sw 2100) (formerly Env-Wm 3903.01); ss by #9645, eff2-16-10 Env-Sw 2103.02 Waiver Applications. (a) Any person seeking a waiver to a requirement in this chapter

.shall submit an application for waiver to the department, in writing, as specified in (b), below, and concurrently provide a copy of the application to the local health officer. (b) Each application for waiver shall include the following information: ( 1) The name, mailing address, and daytime telephone number of the applicant; (2) Identification ofthe specific rule(s) the applicant is seeking to have waived; (3) Identification of the asbestos di sposal site(s) to which the waiver is intended to app ly, if granted, or a statement that the requested waiver is intended to apply without regard to a specific site;
5 Env-Sw 2100NEW HAMPSHIRE CODE OF ADMINISTRA

### TNE RULES
(4) Description ofthe specific project(s) to which the waiver is intended to apply, ifgranted, or a statement that the requested waiver is intended to apply without regard to a specific project; (5) The period oftime during which the applicant wishes the waiver to be effective; (6) If the waiver is intended to apply to a specific asbestos disposal site, a statement indicating whether the applicant wants the waiver, if granted, to include provisions for automatic transfer to subsequent owners; (7) 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 ; (8) A full explanation, with supportin g data, of the altemative(s), if any, that the applicant proposes to use in lieu of complying with the rule; (9) A full explanation of how each of the alternatives proposed pursuant to (8), above, 1s consistent with the purpose and intent of RSA 141-E and the rules in this chapter, and is otherwise adequate to protect public health, safety and the environment; and (IO) If the applicant is seeking a waiver of any rule needing USEPA approval, as described in Env-Sw 2103.0l(c), a copy ofthe approval issued by the USEPA. (c) Each application for waiver shall be dated and signed by the applicant under penalties of RSA 64 1:3

. (d) If the application for waiver is site specifi c and the applicant is not the owner, the application shall also include a statement dated and signed by the owner under penalties of RSA 641 :3, certifying that the owner is aware that the application is being made and agrees to the information contained therein.

Env-Sw 2103.03 Review and Decision. Source. #7647, eff 2-16-02 (See Revision Note at chapter heading for Env-Sw 2100) (formerly Env-Wm 3903.02); ss by #9645, eff2-16-10
(a) Applications for waiver shall be reviewed by the department in accordance with RSA 541 -A:29

. (b) The department shall grant the requested waiver if: ( 1) The proposed 'alternative:
a. Is in keeping with the purpose and intent ofRSA 141-E and the rules in this chapter; b. Will protect the public health, safety, and environment to the same or greater extent than the rule being waived;
c. Does not violate RSA 141-E or any other state or federal requirement for management and control of asbestos, including but not limited to the requirements identified in Env-Sw 2JOI.OJ(b); and d

. Is enforceable; and (2) At least one of the following conditions is satisfied:


### 6 Env-Sw 2100NEW HAMPSHIRE CODE OF ADMINISTRATIVE RULES

a. Strict compliance with the rule will

. result in an adverse e ffect on the public health , safety, or the environment; or b

. St rict compliance with the rule will provide no benefit to the public and will cause a hardship to the applicant. (c) The department shall notify the following parties in writing ofthe decision to either g rant or deny the requested waiver: (1) The applicant; (2) The owner, if different than the applicant and the waiver is site-specific; (3) The**Joe~!** health officer; and (4) The USEPA, if the waiver is for a ru le that cannot be waived without having first obtained USEPA approval, as specified in Env-Sw 2103.0l(c). (d) A notice ofdenial shall state c learly the reasons for denial. (e) Waivers , when issued, shall 

### include: ( 1) The name ofthe person to whom the waiver is issued; (2) Identification of the rule being waived; (3) The terms and conditions under which the waiver is granted; (4) The effective date and expiration date; and (5) The signature ofthe department's commissioner or designee. (f) In n o case shall the waiver of any requirement in this chapter be construed 

### as: ( 1) An authorization ofany activity that occurred prior to the effective date of the waiver; (2) An authorization of any activity that does not comply with the requirements of this chapter or RSA 141-E; (3) Elimination of any obligation to comply with all other applicable federal, stat e, and local requirements for asbestos management and control, including, but not limited to the requirements identified in Env-Sw 210l.Ol(b); (4) Elimination of any obligation to obtain all requisite local, state, and federal permits or approvals; or (5) A waiver ofany cause of action for violations predating the waiver. Source. #7647, eff 2-16-02 (See Revision Note at chapter heading for Env-Sw 2100) (formerly Env-Wm 3903.03 ); ss by #9645, eff2-16-10

7 Env-Sw 2100

### NEW HAMPSHIRE CODE OF ADMINISTRATJVE RULES

PART Env-Sw 2 1 04 GENERAL REQUIREMENTS Env-Sw 2104.01 App licability. The rules in this part shall apply to managing and controlling asbestos disposal sites.

Env-Sw 2 104.02 Release Prohibited. Source

. #7647, eff 2-16-02 (See Revision Note at chapter heading for Env-Sw 21 00) (formerly Env-Wm 3904.0 I); ss by #9645, eff2

- 16-10
(a) As required by RSA 141-E:21, "no person shall cause or allow asbestos fibers to be released to the environment from an asbestos disposal site." (b) A release to the environment, as specified in (a), above, shall include but not be limited to: (I) 

### A visible emission; (2) An uncontained airborne concentration of asbestos fibers that exceeds the ambient concentration; (3) An off-site discharge of storm water, surface water, or waste water that has been in contact with asbestos, unless the water is filtered and discharged in accordance with Env-Sw 2 I05.14(c); (4) The off-site removal of asbestos, unless the asbestos is collected, stored, transferred, and di sposed in accordance with Env-Sw 901; and (5) The off-site removal of individuals, equipment, supplies, clothing, or any other materials or items that have been in contact with asbestos, unless first decontaminated in accordance with Env-Sw 2105.14 or collected, stored , transferred, and disposed in accordance with Env-Sw 901.

Env-Sw 2104

.03 Cover Requirements. Source. #7647, eff 2-16-02 (See Revision Note at chapter heading for Env

- Sw 2IOO)(formerly Env-Wm 3904

.02); ss by #9645, eff2-16

- 10
(a) All asbestos at an asbestos disposal site shall be buried under a capping system that is designed using sound engineering practices and meets the criteria specified in (b) through (e), below. (b) The capping system shall prevent the asbestos from becoming exposed under the following sitespecific conditions and events: (I) The 1 00-year, 24-hour storm; (2) The 1 00-year flood; (3) Seasonal frost action; (4) Eros ion due to wind, water, and other factors; and (5) Site land use and activities. (c) The capping system shall be comprised ofcover materials placed in layers, as follows : 

### 8 Env-Sw 2100NEW HAMPSHIRE CODE OF ADMINISTRATIVE RULES

(1) Surface cover materials shall be of such type as will eliminate or control erosion, including but not limited to one or more ofthe following:

a. Riprap, densely packed; b. Bituminous concret e, free ofcracks or openings;
c. Portland cement concrete, free of cracks or openings; and d. Vegetation that, ifup-rooted, will not expose the asbestos layer; (2) The cover material immediately below the surface cover materials shall be of sufficient character and thickness to support and enhance the long-term effectiveness of the surface cover materials; and (3) Earthen cover material immediately in contact with the asbestos deposit shall be a free draining sandy gravel material. (d) The total depth of the cover materials shall be 6 inches or more as required to satisfy the 

### performance standard provided in (b), above. (e) Geotextiles shall be incorporated in the capping system when necessary to: (1) Inhibit asbestos from becoming exposed to the ground surface as a result of frost action; (2) Prevent different layers of cover materials from inter-mixing; or (3) Create a barrier to warn against digging into the underlying asbestos. (f) Typical capping system specifications are provided in appendix I for residential sites that: (1) Are located in Nashua or Hudson, New Hampshire, or another area of the state having the same average depth of ground frost; (2) Have a level or gently sloping ground surface ; (3) Do not border on any surface water; and (4) Are not situated within the 1 00-year flood hazard zone. (g) Nothing stated in (a) through (f), above, shall be construed to mean there is no obligation to also comply with other local, state, and federal building codes, construction standards, and other requirements that apply to establishing the capping system and undertaking the type of land u ses and activities the capping system is designed to support pursuant to (b)(S), above. Source. #7647, eff 2-16-02 (See Revision Note at chapter heading for Env-Sw 2100) (formerly Env-Wm 3904.03); ss by #9645, eff2- l6-10 Env-Sw 2104.04 Activity and Use Restrictions. (a) No person shall excavate, remove, expose or otherwise disturb any asbestos at an asbestos disposal site, unless the work is conducted in accordance with the work practices and engineeri ng controls in
9 Env-Sw 2100

### NEW HAMPSHIRE CODE OF ADMINJ STRATIVE RULES

Env-Sw 21 05. (b) No person shall alter the capping system or the type of cover mater ials at an asbestos disposal site in a manner that causes the capping system to be less effective in meeting the performance criteria spec ifi ed in Env-S w 2104 .03(b). (c) Owners shall restrict the use of a site to only those uses and activities that the capping system is designed to sustain without Joss of integrity, as required by Env-Sw 21 04.03(b)(5). Source

. #7647, eff 2-16-02 (See Revision Note at chapter heading for Env-Sw 2100) (formerl y Env-Wm 3904 .04); ss by #9645, eff"2

- 16

- 1 0 Env-Sw 2104 .05 Access Control. T h e owner sh all control access to the site as necessary to comply with Env-Sw 2 104.04. Source. #7 647, eff 2- 16-02 (See Revision Note at chapter heading for Env-S w 2100) (formerly Env

-Wm 3904.05); ss by #9645, eff2-16-1 0 Env-Sw 2104.06 Site Monitoring and Reporting. (a) The owner shall monitor the asbestos disposal site to assure that all asbestos waste remains covered in accordance with the requirements ofthis chapter. (b) 

### The owner shall promptly report to the local health officer and the department any s ituation involving either uncovered asbestos waste or a re l ease to the environment as identified in Env-Sw 2 104.02(b), or both. (c) The owner shall promptly report to the local health officer and the department any conditions developing at the site that have the potential to result in either uncovered as'bestos waste or a release to the environment as identified in Env-Sw 21 04.02(b), or both. Source. #7 647, eff 2-16-02 (See Revision Note at chapter heading for Env-Sw 21 00) (formerly Env

-Wm 3904.06); ss by #9645 , eff2-16-10 Env-Sw 2104.07 Site Maintenance. Owners shall provide s ite maintenance as needed to keep th e site covered in compliance with Env-Sw 2104.03 and to otherwise prevent a release to the environment as identified in Env-Sw 21 04.02(b ). Source. #7647, eff 2-16-02 (See Revi sion Note at chapter heading for Env-Sw 2100) (formerly Env-Wm 3904.07); ss by #9645, eff2

- 16-10 Env-Sw 2104.08 Disclosure and Record Keeping. · (a) Owners shall comply with th e di sclosure requirements specified in RSA 141

-E:23 , including requirements for: ( 1) Recording notice i n the chain oftitle for the property; (2) Providing notice to tenants, contractors, and other site users ; 10 Env-Sw2100NEW HAMPSHIRE CODE OF ADMINISTRATIVE RULES

(3) Providing notice to potential buyers; and (4) Providing notice to the department following a transfer of title. (b) Owners shall register sites in accordance with Env-Sw 309 and provide to the department, m writing, other information needed to maintain the registry ofsites required by RSA 141-E:3, XVII. (c) Owners shall keep records or have access to records required to compl y with the seller to buyer disclosure requirements in RSA 141 -E:23, l(d), including: ( 1) A site plan showing the asbestos disposal area and the cover materials; (2) Site monitoring and maintenance records pursuant to Env-Sw 2104.06 and Env-Sw 2104.07; (3) Site inspection reports, including reports prepared for inspections conducted pursuant to RSA 141-E:24; and (4) Project summary information for all major and minor projects undertaken at the s ite, including, as appl icable:

a. A copy of project commencement notices pursuant to Env-Sw 2105 .07; b. Weekly project reports pursuant to Env-Sw 21 05 .1 7(a); and

c. Project completion reports pursuant to Env-Sw 2105.17. Source. #7647, eff 2-16-02 (See Revision Note at chapter heading for Env-Sw 21 00) (formerly Env-Wm 3904

.08); ss by #9645, eff2-16-10 PART Env-Sw 2105 WORK PRACTI CES AND ENGINEERING CONTROLS Env-Sw 2105.01 Purpose. The purpose of the rules in this part is to establish work pr , actices and engineering controls for excavating, removing, exposing, or otherwise disturbing asbestos at an asbestos disposal site in a manner that is protective of public health, safety and the environment. Source. #7647, eff 2-16-02 (See Revision Note at chapter beading for Env-Sw 2100) (formerly Env-Wm 3905.01); ss by #9645, eff2

- 16-10 Env-Sw 2105.02 Applicability. The requirements in this part shall apply to all minor and major projects. Source. #7647, eff 2-16-02 (See Revision Note at chapter heading for Env-Sw 2100) (formerly Env-Wm 3905.02); ss by #9645, eff2

- 16-10 · Env-Sw 2105.03 Qualified Persons Required

. No person shall excavate, remove, expose, or otherwise disturb asbestos at an asbestos disposal site unless the person is a qualified person pursuant to EnvSw 2102.11. Source

. #7647, eff 2-16-02 (See Revision Note at chapter heading for Env-Sw 21 00) (formerly Env-Wm 3905.03 ); ss by #9645, eff 2-16-10


### 11 Env-Sw 2100NEW HAMPSHIRE CODE OF ADMINISTRATIVE RULES

Env-Sw 2105.04 Types ofProjects. (a) For the purposes ofthe rules in this chapter, work involving the disturbance of asbestos at asbestos disposal sites shall be classified as either a:

either: 

### (I) Major project, as defined 

### by Env-Sw 2 

### I02.08; or (2) Minor project, as defined 

### by Env-Sw 2102 .09. (b) For the purposes of the rules in this chapter, major and minor projects shall be further classified as (1) Emergency projects, as defined by Env-Sw 2102.06; or (2) Non-emergency projects. (c) Any ofthe project types specified in (a) and (b), above, shall also be further classified as either: (I) Utility projects, as defined by Env-Sw 21 02.13; or (2) Non-utility projects. Source. #7647, eff 2-16-02 (See Revision Note at chapter heading for Env-Sw 2100) (formerly Env-Wm 3905.04); ss by #9645, eff2-16-10 Env-Sw 2105.05 General Requirements. (a) The excavation, removal, exposure, or other disturbance of asbestos at an asbestos disposal s ite shall be conducted in a manner that: (I) Is protective of public health, safety, and the environment; and (2) Does not cause a release of asbestos fibers to the environment, including any release identified in Env-Sw 2 I 04.02. (b) The excavation, removal, exposure, or other disturbance of asbestos at an asbestos disposal site shall be carried out in conformance with other federal, state, and local requirements pertaining to the management and control of asbestos, including but not limited to the requirements listed in Env-Sw 2101.01(b), as applicable

. (c) Major non-emergency projects shall proceed in accordance with the provisions of a work plan approved pursuant to Env-Sw 2106, unless exempt pursuant to Env-Sw 21 06.02(d)

. (d) At project sites that are subject to the work plan requirement cited in (c), above, the qualified person in charge ofthe work shall maintain 

### a copy ofthe work plan 

### at the work site, for reference by workers and for inspection by the department and the local health officer.

12 Env-Sw 2100NEW HAMPSHIRE CODE OF ADMINISTRA TNE RULES
(e) During any minor or major project, the licen sed contractor shall comply with the requirements of Env-A 181 I .08 and this part.
Source. #7647, eff 2-16-02 (See Revision Note at chapter heading for Eov-Sw 2100) (formerly Env-Wm 3905.05); s s by #9645, eff 2-16-10 Env-Sw 2105.06 Factors to Consider. The following site-specific factors shall be cons idered when determining the appropriate engineering controls, work practices, and equipment needed to comply with the rules in this part: (a) Pathways by which asbestos fibers could be released from the site to the environment, including but not limited to releases to air and surface water, and releases off-site by contaminated persons or equipment leaving the site; (b) Number and proximity ofhuman receptors; (c) Prevailing wind direction; (d) Weather and seasonal conditions, including but not limited to frozen ground and flooding; (e) Proj ect duration; 

### (f) Quantity and area of asbestos being disturbed; (g) Nature ofthe asbestos being disturbed, including: ( 1) Whether it is friab le or non-friable; and (2) Ifnon-friable, whether it has the potential to become friable when disturbed; (h) Vertical and lateral limits ofthe asbestos disposal site; (i) Depth and type ofcover materials; U) Existing site features, including but not limited to: ( 1) Surface topography; (2) Property lines, rights-of-way, and easements; (3) Surface waters and wetlands; (4) Roadways, driveways and parking areas; (5) Buildings and other structures; (6) Above-ground and below-ground utilities; and (7) Above-ground and below-ground storage tanks; (k) Slope stability; (I) Load bearing capacity ofthe site;
13 Env-Sw 2100NEW HAMPSHIRE CODE OF ADMINISTRATIVE RULES

(m) Visibility and illumination; (n) Site accessibility; (o) Site history information; and (p) Site assessment and characterization information, and degree of confidence that the information is both complete and accurate. Source. #7647, eff 2-16-02 (See Revision Note at chapter heading for Env-Sw 2100) (formerly Env-Wm 3905.06); ss by #9645, eff2-16-10 Env-Sw 2105.07 Project Notice Requirements. (a) Except as provided by (d), below, the licensed contractor shall notify the following parties about the commencement ofwork: ( 1) The local health officer; (2) The department's division of air resources; and (3) For major projects only, the department's division ofwaste management. (b) Notice pursuant to this section shall be provided according to the following schedule: ( 1) Ifthe project is an emergency project, verbal notice shall be provided as soon as practicable under the circumstances and written confirmation shall be provided within 48 hours of commencing the project; (2) If the project is a minor non-emergency project, notice shall be provided as soon as practicable after the person doing the work knows or should have knoWn the work involves asbestos and, if such notice is given verbally, written confirmation shall be provided within 48 hours following project commencement; and (3) 

### Ifthe project is a major non-emergency project, notice shall be provided as specified in the work plan approved pursuant to Env-Sw 2106. (c) Notice provided pursuant to this section shall include the following information: ( 1) Project location; (2) Name, mailing address, and daytime telephone number ofthe entity or individual responsible f or initiating and undertaking the project; (3) Name, mailing address, daytime**telephon~** number, and current Env-A 1811 license number of the licensed contractor who will be implementing the plan or, if the work does not require a licensed contractor because it will be performed by the owner at his/her single-family owner occupied property in accordance with the license exemption provisions in Env-A l812.03(b), a statement to that effect; (4) Name, mailing address, telephone number and the current Env-A 1812 certificate number of the qualified

.person who will be in charge of the work; 14 Env-Sw 2100NEW HAMPSHIRE CODE OF ADMlNJSTRATfVE RULES

(5) Project schedule, including the starting and completion dates; (6) Reason for disturbing the asbestos and a general description ofthe project; and (7) If the project is subject to the work plan req1:1irements in Env-Sw 2106, the date the work plan was approved by the department. (d) Notwithstanding the above requirements, no notice shall be required for projects identified in EnvA 1812.03 that can be performed by qualified persons not certified under Env-A 1812. (e) Notice transmitted via e-mail or fax shall constitute a form ofwritten notice. Source. #7647, eff 2-16-02 (See Revision Note at chapter heading for Env-Sw 2100) (formerly Env-Wm 3905.07); ss by #9645, eff2-16-IO Env-Sw 2105.08 Site Preparation. Prior to commencing a minor or maj or project, the licensed contractor shall prepare the site so that the work can be executed in accordance with the work

.plan, if applicable, and all other requirements ofthis chapter.

Env-Sw 2105.09 Site Work Zones. Source. #7647, eff 2-16-02 (See Revision Note at chapter heading for Env-Sw 2100) (formerly Env-Wm 3905.08); ss by #9645, eff2-16-IO
{a) To r educe the potential for asbestos fibers to be released to the environment by persons and equipment leaving a major or minor project site, site work zones shall be established and delineated to: (1) Separate clean operations from contaminated operation s; and (2) Control the flow ofpersonnel and equipment be:tween such operations. (b) The site work zones required to comply with (a) , above, shall be established and maintained in accordance with the provisions for site control provided in Section 9 of the Occupational Safety and Health Guidance Manual for Hazardous Waste Site Activities, NIOSH publication No. 85-115. Source. #7647, eff 2-16-02 (See Revision Note at chapter heading for Env-Sw 2100) (formerly Env-Wm 3905.09); ss by #9645, eff2-J6-10 Env-Sw 2105.10 Access Control and Site Security. (a) During a major or minor project, access control and site security shall be provided as necessary to: (I) Prevent unauthorized persons and unprotected persons from being exposed to site hazards; (2) Reduce the potential for vandalism or unlawful dumping ofother wastes at the project site; (3) Reduce the potential for neighborhood pets and other animals to enter the project site and traverse contaminated areas; and (4) Avoid interference with safe working procedures.
IS Env-Sw 2100NEW HAMPSHIRE CODE OF ADMINISTRATIVE RULES

(b) Acces s contro l and site security shall include displaying a warning sign in such manner and location that a person can eas ily read the legend, including the following information: ( 1) Asbestos work in progress; and (2) Authorized persons only. (c) Site security and access control pursuant to (a) and (b), above, shall be provided during both working and non-working hours. Source. #7647, eff 2-16-02 (See Revision Note at chapter heading for Env-Sw 2100) (formerly Env-Wm 3905.10); ss by #9645, eff2-16-10 Env-Sw 2105.11 Excavation or Other Disturbance. (a) The area of excavation, removal, exposure, or other disturbance of asbestos waste at an asbestos disposal site shall be confined to the smallest area practicable. (b) Wet methods , or wetting agents , shall be used to prevent the airborne release of asbestos fi b ers during a major or minor project. (c) All asbestos being removed from a site s hall be managed in accordance with Env-Sw 901. (d) The excavation, removal, exposure, or other disturbance of asbestos waste at an asbestos disposal site shall not result in increasing the size ofthe disposal area. (e) Upon completion of the excavation, removal, exposure, or other disturbance activity, cover materials shall be placed in conf ormance with Env-Sw 2104. Source. #7647, eff 2-16-02 (See Revision Note at chapter heading for Env-Sw 2100) (formerly Env-Wm 3905 .1 1) ; ss by #9645, eff2-16-IO Env-Sw 2105.12 Personal Protective Equipment. No individual shall enter a contaminated work area unless the indi vidual uses personal protective equipment in conformance with the personal protective equipment requirements for asbestos workers established by the Occupational Safety and Health Administration in 29 CFR 19 I 0 and 29 CFR 1926. Source

. #7647, eff 2-16-02 · (See Revision Note at chapter heading for Env-Sw 21 00) (formerly Env- Wm 3905.12); ss by #9645, eff2-16-10 Env-Sw 2105.13 Air Monitoring. Air monitoring shall be provided in accordance with 29 CFR 1910, 29 CFR 1926; 40 CFR 763, and the approved work plan, as applicable. Source. #7647, eff 2-16-02 (See Revision Note at chapter heading for Env-Sw 2100) (formerly Env-Wm 3905.13); ss by #9645, eff2

- 16-10 Env

-Sw 2 105.14 Decontamination ofPersonnel and Equipment. (a) All personnel, equipment, supplies, and materials situated within a contaminated work zone 16 Env-Sw 2 100NEW HAMPSH I RE CODE OF ADMINISTRA

### T NE RULES

established pursuant to Env-Sw 2105.09 shall be decontaminated prior to being removed to a clean zone established pursuant to Env-Sw 2 I05.09. (b) Decontamination shall be achieved by removing all asbestos contamination from the personnel, equipment, supplies, and materials in accordance with the decontamination methods and procedures set forth in Section I 0 of the Occupational Safety and Health Gu idance Manual for Hazardous Waste Site Activities, NIOSH pub lication No

. 85-115. (c) Waste water from decontamination procedures shall be either: ( 1) Discharged to the ground at the project s ite within a portion of the open excavation area that is already asbestos contaminated and in such a manner as not to become surface run-off ; or (2) Discharged off-site in accordance with applicable local, state, and federal waste water discharge requirements, after being filtered through progressively smaller filters ending with a fi lter with openings no larger than 5 microns. (d) Filters used pursuant to (c), above, shall be handled and disposed as asbestos waste in accordance with Env-Sw 901. (e) Care shall be taken during the decontamination pr ocess to avoid cross contamination of equipment, personne l, or materials

. Source. #7647, eff 2-16-02 (See Revision Note at chapter heading for Env-Sw 21 00) (formerly Env-Wm 3905. 14); ss by #9645, eff2-16

- 10 Env-Sw 2105.15 Clearance Determination. (a) Following completion of any major or minor project, and before allowing normal use of the site to resume, the licensed contractor shall make a site clearance determination in accordance with (b), below. (b) A site clearance determination shall not be made unless the licensed contractor determines that all ofthe following statements are true: (1) All excavated, removed, exposed, or other disturbed asbestos either:
a. Has been removed from the site in accordance with Env-Sw 901; or b. Is covered in accordance with Env-Sw 21 04.03; (2) No asbestos-contaminated equipment, materials, clothing, or other supplies remain at the site; and (3) It is safe to resume use of the site in a manner consistent with Env-Sw 2104.04. (c) The licensed contractor shall give the owner a written copy of the clearance determination, signed under the penalties of RSA 641 :3. Source. #7647, eff 2-16-02 (See Revision Note at chapter heading for Env-Sw 2100) (formerly Env-Wm 3905.15); ss by #9645, eff2-16-10

17 Env-Sw 2100NEW HAMPSHIRE CODE OF ADMINISTRA

### TNE RULES

Env-Sw 21 05

. 16 Project Recordkeeping and Reporting. (a) Activities involving the excavation or other disturbance of asbestos at an asbestos disposal s ite shall be doc umented and records thereof shall be maintained by the owner as specified in Env-Sw 21 04

.08(c). (b) Waste shipment recqrds shall be maintained in accordance with 40 CFR 61 and 49 CFR 171

- 172, as applicable. (c) Within 60 days after comp letion of a project that changes eit her the lateral limits of the disposal area, the depth of the disposal area, or the type or thickness of cover materials, the licensed contractor shall submit to the department as- built drawings that: ( 1) Show the new configuration of the disposal area, including its boundaries and cover materials ; and (2) Bea r the stamp of a professional eng ineer licensed in New Hampshire, when requ ired pursuant to RSA 31 0-A: 18, with certification either that the altered capping system complies with Env-Sw 2104.03 or that the capping system requ irements in Env

- Sw 2104.03 no lon ger apply to the site because all asbestos has been rem oved from the site. Source. #7647, eff 2-16-02 (See Revision Note at chapter heading for Env-Sw 2 100) (formerly Env-:Wm 3905.16); ss by #9645, eff2-16-10 Env-Sw 2105.17 Additional Reporting Requirements for Major Projects. (a) During a major project taking longer than 2 weeks to complete, the licen sed contractor shall submit the following to the department and the local health officer: (1) Weekly progress reports; and (2) Notice ofany schedule adjustments for the balance ofthe project. (b) Within 60 days after a major project is completed , the licen sed contractor shall submit a proj ect completion report to the department and the local health officer, including: (I) The name, mail ing address, and tel ephone number of the owner and the li censed contractor; (2) The location ofthe project site; (3) The date the proj ect commenced and the date it was completed; (4) A brief narrative description of the work undertaken, including an explanation of any deviation from the app licable work plan and any un expected events; (5) For any asbestos removed from the site, a copy of the waste shipment records pursuant to 40 CFR 61 and 49 CFR 171- 172, as applicable; (6) A brief narrative description of site conditions fol lowing compl etion; (7) As-built drawings of the completed work, including asbestos disposal site details; (8) Air monitoring results pursuant to Env-Sw 2105

. 13; 18 Env-Sw2100NEW HAMPSHIRE CODE OF ADMINISTRATfVE RULES

(9) A copy ofthe site clearance determination pursuant to Env-S w 21 05

. 15; (I 0) A statement, signed by the licensed contractor, certifying that:
a. The information submitted in the report is correct and complete; b. The required work was completed in conformance with the approved work plan, except as noted pursuant to (b)(4), above, and the requirements ofthis chapter; and
c. In order to facilitate compliance with RSA 141-E:23, I( d) , either: I. The owner has been provided a copy ofthe project completion report; or 2. 

### ln the case of a utility project, the owner has been notified that a copy of the project completion report is available from the utility company or authority, by request. Source

. #7647, eff 2-16-02 (See Revision Note at chapter heading for Env-Sw 21 00) (forrnerly Env-Wm 3905.17); ss by #9645, eff2-16-10 PART Env-Sw 2106 WORK PLANS FOR MAJOR NON-EMERGENCY PROJECTS Env-Sw 2106.01 Applicability. The rules in this part shall establish provisions for work plans for major non-emergency projects. Source. #7647, eff 2-16-02 (See Revision Note at chapter heading for Env-Sw 21 00) (formerly Env-Wm 3906.01 ); ss by #9645, eff2-16-10 Env-Sw 2106.02 General Requirements. (a) Except as provided in (d), below, no person shall undertake a major non-emergency project except in accordance with a written work plan prepared and approved in accordance with this part. (b) Work plans shall be: {I) Prepared in writing by a qualified person who is certified pursuant to Env-A 1812; and (2) Stamped by a reg istered professional engineer in New Hampshire when required pursuant to RSA 310-A; (3) Submitted to the department for approval pursuant to Env-Sw 21 06.05; and (4) Concurrently submitted to the local health officer. (c) Work plans shall provide sufficient detail to allow qualified persons to implement the plan and complete the proposed work tasks in compliance with the work practices and engineering controls specified in Env-Sw 2105, all other requirements in this chapter, and RSA 141-E without further exp lanation or guidance.

19 Env-Sw 2100NEW HAMPSHIRE CODE OF ADMINISTRA TNE RULES
(d) No work plan shall be required for a major non-emergency project if, pursuant to the provisions of Env-A 1812, the work can be performed by persons not certified pursuant to Env-A 1812.

Env-Sw2106.03 Types ofWork Plans. Source. #7647, eff 2-16-02 (See Revision Note at chapter heading for Env-Sw 21 00) (formerly Env-Wm 3906.02); ss by #9645, ef£2-16-10 (a) There shall be 2 basic types ofwork plans, as follows: (1) Project specific work plans, developed for the performance of work involving a discrete project at a discrete time and place; and (2) Generic work plans, developed for the performance of recurrent types of work that will be undertaken at indeterminate times and places, including but not limited to utility projects. (b) A project-specific work plan shall be used to establish the work procedures to be used by persons disturbing asbestos at a specific asbestos disposal site during a project that is planned in advance of the work actually taking place. (c) A generic work plan shall be used to establish the work procedures 

### to be used 

### by 

### persons disturbing asbestos during projects that are routinely undertaken by the responsible party at various locations and at various times not specifically known at the time the plan is prepared. Source. #7647, eff 2-16-02 (See Revision Note at chapter heading for Env-Sw 21 00) (formerl y Env-Wm 3906.03); ss by #9645, eff2-16-IO Env-Sw 2106.04 Project-Specific Work Plans. A project

-specific work plan for major non-emergency projects shall include: (a) Name, mailing address, daytime telephone number, ·and credentials of the qualified person who p

repared the plan; (b) Project location; (c) Name, mailing address, and daytime telephone number of the entity or individual responsible for initiating and undertaking the project; (d) Project schedule, including the anticipated starting date and completion date; (e) If known, the name, mailing address, telephone number, and current Env-A 181 I license number of the licensed contractor who will be implementing the plan or, if the work does not require a licensed contractor because it will be performed by the owner at his/her single-family owner occupied property in accordance with the license exemption provisions in Env-A 1812.03(b), a statement to that effect; (t) 

### If known, the name, mailing address, telephone number, and current Env-A 1812 certificate number ofthe qualified person who will be in charge ofthe work; (g) A description ofthe work to be undertaken, including: (I) The reason for undertaking the work;

20 Env-Sw 2100 

# ..NEW HAMPSHIRE CODE OF ADMINISTRATIVE RULES
(2) Quantity ofasbestos to be disturbed; (3) Type and general description of asbestos to be disturbed; (4) Sequence oftasks ; (5) A description of the procedures and equipment to be used to control emissions during the excavation, storage, transport, and ultimate disposal of the asbestos waste, inc ludin g the methods and procedures by which the work practices and engineering controls in Env-Sw 2105 will be met; and (6) The locati on of any temporary storage site and the final disposal site for asbestos excavated or otherw ise removed from the site; (h) A scaled plan ofthe site showing the existing si te features and the proposed work area; and (i) A scaled plan and related specifications showing the proposed conditions of the site following completion ofthe work, including information that demonstrates the proposed post-project conditions comp ly with the cover requirements in Env-Sw 21 04.03; U) Provisions for providing project commencement notice pursuant to Env-Sw 

### 2105.07; (k) A list and status of all other local, state, or federal permits and other approvals required to implement the plan; (f) A statement, signed by the qualified person who prepared the plan, certifying that the plan meets all applicable local, state, and federal requirements for management of asbestos, including but not limited to the requirements listed in Env-Sw 2101.01(b), as applicable, and the rules in th is chapter; (m) A signed statement by the owner, certifying acceptance of the proposed work plan; and (n) If the entity or individual named pursua nt to (c), above, is not the owner, a signed statement by that entity or individual certifying acceptance ofthe proposed work plan. Source. #7647, eff 2-1 6-02 (See Revision Note at chapter heading for Env-Sw 2100) (formerly Env

-Wm 3906.04) ; ss by #9645, eff 2-16-10 Env-Sw 2106.05 Generic Work Plans. A generic work plan for major non-emergency projects shall include: (a) Name, mailing address , daytime telephone number, and credentials of the qualified person who prepared the plan; (b) Name, mailing address, and daytime telephone number of the entity or individual responsible for initiating and undertaking the project; (c) If known, the name, mailing address, daytime telephone number, and current Env-A 1811 license number of the licensed contractor who will be implementing the plan or, if the work does not require a licensed contractor because it will be perf ormed by the owner at his/her single-family owner occupied property in accordance with the license exemption provisions in Env-A 1812.03(b), a statement to that effect; (d) If known, the name, mailing address, telephone number, and current Env-A 1812 certificate
21 Env-Sw 2100NEW HAMPSHIRE CODE OF ADMINISTRATIVE RULES

number ofthe qu alified person who will be in charge ofthe work; (e) A description ofthe work to be undertaken, including: ( 1) The type and scope ofwork that the plan is designed to address; (2) Sequence oftasks; (3) A description of the procedures and equipment to be u sed to control emissions during the excavation, storage, transport, and ultimate disposal ofthe asbestos waste, including the methods and procedures by which the work practices and engineering controls in Env

- Sw 21 OS will be met; and (4) The location of any temporary storage site and the final disposal s ite for asbestos excavated or otherwise removed from the sit e ; (f) A description of how the site will be left fo ll owing completion of the work, includin g related drawings of the replacement cover materials in conformance with Env-Sw 2104.03; (g) Provisions for providing project commencement notice pursuant to Env-Sw 21 OS.07; (h) If the entity or individual named pursuant to (b) above is not the owner, a statement indicating how the project records will be made available to the owner to facilitate compliance with RSA 141 -E:23, I( d). (i) A list and status of all other local, state, or federal permits and other approvals required to implement the plan ; 

### G) A statement, signed by the qualified person who prepared the plan, certifying that the plan meets all applicable local, state, and federal requirements for management of asbestos, including but not limited to the requ i rements listed in Env-Sw 210l.Ol(b), as applicable, and these rules; (k) A statement, signed by the owner, or in the case of a utility project, the utility, certifying acceptance ofthe proposed work plan; and (I) 

### If the entity or individual named pursuant to (b), above, is not the owner, a signed statement by that entity or individual certifying acceptance ofthe proposed work plan.

Env-Sw 2106.06 Work Plan Review. Source. #7647, eff 2-16-02 (See Revision Note at chapter heading for Env-Sw 2100) (formerly Env-Wm 3906.0S); ss by #964S, eff2-16-10

(a) The department shall review a proposed work plan in accordance with RSA S41-A:29. (b) If the department determines that the work plan does not satisfy the work practices and engineering contro ls in Env-Sw 21 OS, other requirements in this chapter, or RSA 141-E, the department shall so notify the applicant and provide an opportunity for the applicant to correct the deficiencies. (c) If no deficiencies are noted, the department shall approve the work plan and so notify the applicant in writing. (d) The department shall provide 

### a copy ofthe work plan approval to the local health officer.

22 Env-Sw 2100NEW HAMPSHIRE CODE OF ADMINISTRATIVE RULES
(e) Work plan approval shall not be construed in any way as: (1) An authorization of any activity that occurred prior to the effective date ofthe approval; (2) An authorization of any activity that does not comply with the requirements of this c hapter or RSA 141-E; (3) An authorization of any activity that is not in compljance with other app licable federal, state,

· or local requirements, including the requirements identified in Env-Sw 2101.01 (b); (4) A waiver ofany cause of action for violations predating approval; or (5) Elimination of any obligation to obtain all requisite local, state, and federal permits or approvals for the proposed activities. (f) In no case shall 

### a work plan approval be construed to mean there is no obligation to comply with all other applicable federal,**state~** and local requirements for asbestos management and control, including, but not limited to**th~** requirements identified in Env-Sw 2101.01(b). Source. #7647, eff 2-16-02 (See Revision Note at ch apter heading for Env-Sw 

### 2100) (formerly Env-Wm 

### 3906.06); 

### ss by #9645, eff2-16-IO PART Env-Sw 2107 SUSPENSION AND REVOCATION Env-Sw.2107.01 Procedure. (a) Revocation or suspension of any approval issued pursuant to this chapter shall proceed in accordance with RSA 541-A:30. (b) The department shall revoke an approval ifthere is: (I) Good cause pursuant to Env-Sw 21 07.02; and (2) There are no circumstances under which the holder of the approval can correct or eliminate the underlyin g problem. (c) The department shall suspend an**app~oval** ifthere is : (I) Good cause pursuant to Env-Sw 21 07.02; and (2) Given time to do so, the holder of the approval can correct or eliminate the underlying problem. Source. #7647, eff 2-16-02 (See Revision Note at chapter heading for Env-Sw 2100) (formerly Env-Wm 3907 .01); ss by #9645, eff2-16-IO Env-Sw 2107.02 Good Cause. The following shall constitute good cause to suspend or revoke an approval issued pursuant to this chapter: (a) The approval was issued based on false or misleading information; (b) The terms and conditions ofthe approval are not met; or 23 Env-Sw 2100NEW HAMPSHIRE CODE OF ADMINISTRATIVE RULES

(c) The approved activity, once implemented, fails to meet the criteria for having issued the approval. Source. #7647, eff 2-16-02 (See Revision Note at chapter heading for Env

-Sw 2100) (formerly Env-Wm 3907.02); ss by #9645, eff2-16-10

24 Env-Sw 2100NEW HAMPSHIRE CODE OF ADMINISTRATIVE RULES

Appendix Rule Sections Statute(s) Bein!! Imolemented Env-S w 2100 (see also specific part listed below) RSA 141-E:21

- RSA 141 -E:24 Env-Sw 2103 RSA 541-A:22, IV

25 Env-Sw 2100