NEW HAMPSHIRE CODE OF ADMINISTRATIVE RULES CHAPTEREnv-A 1800 ASBESTOS MANAGEMENT AND CONTROL PART Env-A 1801 PURPOSE ANDSCOPE Env-A 1801 .01 Purpose. (a) The purpose ofthis chapter is to protect the health ofthe general public by ensuring that asbestos is managed in a manner that prevents the release ofasbestos 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, includingbut 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 CFR61 and 40CFR763. Source. (See Revision Note at chapter heading for Env-A 1800) #9298, eff 10-21-08 Env-A 1801 .02 Applicability. Subject to Env-A 1801 .03, this chapter shall apply to the following persons, facilities, and activities: (a) Any person who owns or operates any facility that has regulated asbestos-containing material (RACM) on thepremises; (b) Any person involved in asbestos abatement activities, including analytical laboratories, consultants, asbestos abatement contractors, and asbestos abatement workers; (c) Any source, other than an inactive waste disposal site that ceased operating by July 10, 1981, subject to 40CFR61, Subpart M ; (d) Any structure, installation, or building previously subject to this chapter, regardless ofits current use or function;

141 &r and (f) Provisions for inspection, compliance monitoring, and enforcement by the department. Source. (See Revision Note at chapter heading for Env-A 1800) #9298, eff 10-21-08

1 Env-A 1800NEW HAMPSHIRE CODE OF ADMINISTRATIVE RULES

Env-A 1801 .03 Homeowners. (a) The owner of a private, single-family residence occupied by the owner who performs asbestos abatement activities on that residence shall not be subject to Env-A 1800, except as noted in (b), below, provided: (1) The owner personally performs the work; and

(2) The work is not done within 6 months ofselling 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 1805.07 and Env-A 1805.08(a) and (b) . Source. (See Revision Note at chapter heading for Env-A 1800) #9298, eff 10-21-08 PART Env-A 1802 DEFINITIONS Env-A 1802.01 "Aggressive sampling" means air sampling which takes place while air is being physically agitated, which, upon analysis, is likely to give the highest airborne concentration ofasbestos. Source. (See Revision Note at chapter heading for Env-A 1800) #9298, eff 10-21-08

1800 ) #0204 0ff 1n 21 09 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) #9298, eff 10-21-08

1800 ) ++9294 eff 10

, 

### 21 08 Env-A 1802.05 "Asbestos" means "asbestos" as defined in RSA 141-E:2, 1, namely "amosite, chrysotile, crocidolite, or asbestiformtremolite, actinolite, or anthophyllite." Source. (See Revision Note at chapter heading for Env-A 1800) #9298, eff 10-21-08 Env-A 1802.06 "Asbestos abatement" means "asbestos abatement" as defined in RSA 141-E:2, 11, namely "any ofthe following activities: (a) The wrecking or removal of any load-supporting structural member containing or covered by RACM, as defined in paragraph VII ; 2 Env-A 1800NEW HAMPSHIRE CODE OF ADMINISTRATIVE RULES (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 ofminimizing the potential for fiber release; (c) The construction of airtight enclosures by the use ofimpact resistant materials to isolate surfaces coated with or containing RACM ; (d) The removal or stripping of RACM fromstructural members, walls, ceilings, or other building surfaces, or ducts, pipes, boilers, tanks, reactors, furnaces, or other vessels; and (e) The repair of RACM to minimize the likelihood of fiber release fromdamaged areas. Repair may include, but shall not be limited to, application ofduct 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

to DQA 1i1 1 1ti " 1 1 to: RS A .

1900) #c»94, 0ff 10 21 04 u

1900 ) #9294 0~~ 10 21 04

, Env-A 1802.10 "Asbestos abatement worker" means an individual who is certified pursuant to Env-A 1810.14to performasbestos abatement work under the supervision ofan asbestos abatement supervisor. Source. (See Revision Note at chapter heading for Env-A 1800) #9298, eff 10-21-08 Env-A 1802.11 "Asbestos-containing material (ACM)" means any material that contains any type of asbestos in an amount greater than one percent by weight, area, or volume, either alone or mixed with other fibrous or non-fibrous materials. Source. (See Revision Note at chapter heading for Env-A 1800) #9298, eff 10-21-08 3 Env-A 1800NEW HAMPSHIRE CODE OF ADMINISTRATIVE RULES

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 termincludes inactive disposal sites as defined by 40 CFR 61 .141 . The term doesnot 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

18nn) ++0204 0g 1n 2n4 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 of40 CFR763, subpart E, appendix C, section I :B.3. Source. (See Revision Note at chapter heading for Env-A 1800) #9298, eff 10-21-08

1800 ) #9298, off 10 21 08

1900 ) ++9r294 0~'~' 1n 21 n4

, 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 CFRpart 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 II nonfriable ACM" means "Category 11 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 1 percent asbestos as determined using methods specified in appendix E, subpart E, 40

4 Env-A 1800NEW HAMPSHIRE CODE OF ADMINISTRATIVE RULES 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 roomwhich 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 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 ofasbestos at asbestos disposal sites." Source. (See Revision Note at chapter heading for Env-A 1800) #9298, eff 10-21-08 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. Source. (See Revision Note at chapter heading for Env-A 1800) #9298, eff 10-21-08 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 ofany facility. Source. (See Revision Note at chapter heading for Env-A 1800) #9298, eff 10-21-08 Env-A 1802.24 "Department" means "department" as defined in RSA 141-E:2, V, namely "the department ofenvironmental services." Source. (See Revision Note at chapter heading for Env-A 1800) #9298, eff 10-21-08 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 not planned but results froma sudden, unexpected event. The termincludes activities necessitated by nonroutine failures ofasbestos-containing equipment, the repair ofwhich wouldrequire asbestos abatement. Source. (See Revision Note at chapter heading for Env-A 1800) #9298, eff 10-21-08 Env-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.

Source. (See Revision Note at chapter heading for Env-A 1800) #9298, eff 10-21-08 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 5 Env-A 1800NEW HAMPSHIRE CODE OF ADMINISTRATIVE RULES the surface of the ACM, or by using penetrating encapsulants, which penetrate the ACMand bind its components together. Source. (See Revision Note at chapter heading for Env-A 1800) #9298, eff 10-21-08

1900 ) ++9298 eff 1n 21 09

,

1800 ) ++9299 off 1n 21 04

, Env-A 1802.30 "Equipment room" means a contaminated area or roomwhich is part of the worker decontamination enclosure systemand which includes the storage of contaminated clothing and equipment. Source. (See Revision Note at chapter heading for Env-A 1800) #9298, 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) #9298, 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 ofasbestos by weight, area, or volume and that canbe crumbled, pulverized, or reduced to powder when dryby 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 ofACM

. 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 a11 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 easilybe blown or shaken from the hand. 6 Env-A 1800NEW HAMPSHIRE CODE OF ADMINISTRATIVE RULES

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

1800) ++0204 e~~ 1n 21 04

, Env-A 1802.37 "Major asbestos abatement project - Class N" means any asbestos abatement project involving 260linear feet, 160 square feet, or 35 cubic feet, or more, of RACM . Source. (See Revision Note at chapter heading for Env-A 1800) #9298, eff 10-21-08 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 ofa demolition as definedby this part. Source. (See Revision Note at chapter heading for Env-A 1800) #9298, eff 10-21-08 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 definedby this part. Source. (See Revision Note at chapter heading for Env-A 1800) #9298, eff 10-21-08 Env-A 1802.40 "Manager" means any person who is responsible for the control, operation, or maintenance ofa building, facility, school, orrental dwelling which is owned by another person. Source. (See Revision Note at chapter heading for Env-A 1800) #9298, eff 10-21-08 Env-A 1802.41 "Minor asbestos abatementproject" means any asbestos abatement renovation activity which encompasses not more than lOlinear feet, 25 square feet, or 3 cubic feet of RACK The termdoes not include larger projects that are divided into smaller segments. Source. (See Revision Note at chapter heading for Env-A 1800) #9298, eff 10-21-08

. Part 763, subpart , aona:., G

Env-A 1802.43 "Owner or operator (O/O)" for the purpose ofthis chapter means "owner or operator ofa demolition or renovation activity" as defined in 40 CFR 61 .141, namely "any person who owns, leases,

7 Env-A 1800NEW HAMPSHIRE CODE OF ADMINISTRATIVE RULES operates, controls, or supervises the facility being demolished or renovated or any person who owns, leases, operates, controls, or supervises the demolition orrenovation operation, or both." Source. (See Revision Note at chapter heading for Env-A 1800) #9298, eff 10-21-08 Env-A 1802.44 "Person" means any individual, partnership, company, public or private corporation, political subdivision or agency ofthe state, department, agency or instrumentality ofthe United States, or any other legal entity. Source. (See Revision Note at chapter heading for Env-A 1800) #9298, eff 10-21-08 by the-o-A==~~ 1800 ) #9r294 eg 10 21 04

- 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 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. Source. (See Revision Note at chapter heading for Env-A 1800) #9298, eff 10-21-08 Env-A 1802.47 "Removal" means the stripping ofany RACM fromsurfaces or components within or at a facility. Source. (See Revision Note at chapter heading for Env-A 1800) #9298, eff 10-21-08 Env-A 1802.48 "Renovation" means altering a facility or any facility component(s) in any way, including the stripping or removal of RACM fromany facility or facility component(s) . Source. (See Revision Note at chapter heading for Env-A 1800) #9298, eff 10-21-08 Env-A 1802.49 "Rental dwelling" means any residence as defined in RSA 21 :6-a which is occupied by someone other than the owner. Source. (See Revision Note at chapter heading for Env-A 1800) #9298, eff 10-21-08

8 Env-A 1800NEW HAMPSHIRE CODE OF ADMINISTRATIVE RULES

pefsennel ;

1800 ) #9294 0~~ 1n 21 04

, Env-A 1802.51 "School" means any non-profit institution, whetherprivate orpublic, day orresidential, that provides elementary or secondary education, or both, including kindergarten but excluding day care centers. Source. (See Revision Note at chapter heading for Env-A 1800) #9298, eff 10-21-08 Env-A 1802.52 "Sheets" or "sheeting" means any waterproofmaterial which can be used to make airtight barriers. Source. (See Revision Note at chapter heading for Env-A 1800) #9298, eff 10-21-08 Env-A 1802.53 "Shower room" means a roombetween the clean room and the equipment roomin the worker decontamination enclosure with running water that is suitably arranged for complete showering during decontamination. Source. (See Revision Note at chapter heading for Env-A 1800) #9298, eff 10-21-08

9 Env-A 1800NEW HAMPSHIRE CODE OF ADMINISTRATIVE RULES

^

intended f,re*;on

0~~ in ~i nsz 1anm++0204, ., ., 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 NOTIFICATIONAND FEES Env-A 1803.01 Notification for Majo r Asbestos Abatement Projects. (a) Except as provided in Env-A 1803.04, the owner or operator (O/O) 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 10 Env-A 1800NEW HAMPSHIRE CODE OF ADMINISTRATIVE RULES

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 O/Oshall provide written notification to the department and to the city or town health officer, as applicable to the worksite location. (b) The notice requiredby (a), above, shall : (1) Contain the information specified in Env-A 1803.06; and (2) Be provided at least 10working days before any demolition activity begins. (c) Notification under (a), above, shall be provided even ifno ACM is contained in the facility. Source. (See Revision Note at chapter heading for Env-A 1800) #9298, eff 10-21-08 Env-A 1803.04 Annual Notification. (a) In lieu of the notification required pursuant to Env-A 1803.01, and subject to (d), below, the O/O of a facility expected to undergo a Class S major asbestos abatement in the next calendar year may file an annual notification to cover the period fromJanuary 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 O/Oshall provide the department with quarterly reports of activities performed under such annual notification that include dates of removal, amounts and kinds of RACM removed, and disposal site used. (d) The O/Oshall give separate, individual notification as specified in Env-A 1803.01 for each major asbestos abatement project - Class Nthat occurs at the facility, regardless ofwhether an annual notification has been filed for the facility. Source. (See Revision Note at chapter heading for Env-A 1800) #9298, eff 10-21-08 Env-A 1803.05 Notification for Emergency Asbestos Abatement Projects. For emergency asbestos abatement projects, the O/Oshall : (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 each emergency asbestos abatement activity with information required under this part. (b) Ifnotice under (a), above, is provided orally, provide written notification in accordance with this part to the department no later than 48hours after the beginning ofan emergency asbestos abatement.

11 Env-A 1800NEW HAMPSHIRE CODE OF ADMINISTRATIVE RULES

Source. (See Revision Note at chapter heading for Env-A 1800) #9298, eff 10-21-08 Env-A 1803.06 Information Required. (a) In any notification requiredby this part, the O/Oshall : (1) Provide the information required by 40 CFR61 .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 necessary to completely describe the scope ofthe project, shall be provided on separate paper. (c) Hours ofoperation 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 ofan 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 O/O solely to transport and dispose of ACMshall 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 O/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 ofthe disposal site; and (6) The quantity(ies) ofACM to be disposed. (c) Within 30 days after delivery to the disposal site, the person subject to (a), above, shall provide a copy ofthe waste shipment record to the department. Source. (See Revision Note at chapter heading for Env-A 1800) #9298, eff 10-21-08 Env-A 1803.09 Notification Fees. 12 Env-A 1800NEW HAMPSHIRE CODE OF ADMINISTRATIVE RULES (a) The person providing written notification to the department shall send the fee specified in (c), below, as applicable, with the notification. (b) Payment shall be in the formof cash, company check, certified check, or money order. A company check or certified check or money order shall be made payable to "Treasurer, State of New Hampshire" . (c) Notification fees shallbe as follows: (1) For a notification ofa major asbestos abatement project - class N, $300 ; (2) For a notification ofa major asbestos abatement project - class S, $50 ; (3) For an annual notification pursuant to Env-A 1803.04, $1,500 ; and (4) For a revised notification pursuant to Env-A 1803.07, $25. Source. (See Revision Note at chapter heading for Env-A 1800) #9298, eff 10-21-08 PART Env-A 1804 INSPECTIONS AND RECORDKEEPING Env-A 1804.01 Inspections Required Prior to Commencing Demolition or Renovation. (a) Prior to undertaking any demolition or renovation as defined by this chapter, the O/Oshall provide for an inspection by an asbestos inspector ofthe affected portion(s) ofthe facility for the presence ofACM . (b) For an inspection of a school building required pursuant to (a), above, the inspection shall be performed by an asbestos inspector who is certified under Env-A 1810to performasbestos inspections. Source. (See Revision Note at chapter heading for Env-A 1800) #9298, eff 10-21-08 Env-A 1804.02 Documents To Be Retained On-site. Each O/O of 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) Acurrent copy ofthis chapter; (b) Copies ofthe decontamination procedures used for the decontamination enclosure system required by Env-A 1805.06 or any other procedures which have been established to prevent contamination of areas outside the work area; (c) Copies ofprocedures to be followed during medical or fire emergencies, including phone numbers ofthe nearest emergency facilities; (d) Copies of all licenses, certificates, and proof of training held by all supervisors and workers engaged in the asbestos abatement project; (e) Records ofall project-related air samplingresults; and (f) A copy of any written notification concerning the asbestos abatement project submitted to the department pursuantto Env-A 1803. 13 Env-A 1800NEW HAMPSHIRE CODE OF ADMIMSTRATIVE RULES

Source. (See Revision Note at chapter heading for Env-A 1800) #9298, eff 10-21-08 Env-A 1804.03 Required Records. Each O/Oof a facility where an asbestos abatement project has occurred shallrecord and maintain the following information for each project: (a) The name, title, address, and social security number ofeach supervisor and worker participating in the project; (b) The address ofthe project; (c) The workplan for theproject; (d) The estimated amount of RACM involved in the project; (e) The scheduled and actual starting and completion dates and, if an actual date differs fromthe date originally scheduled, a statement ofreasons for the difference(s) ; (f) Documentation ofcompliance with all applicablerequirements ofthis chapter; (g) Copies of all asbestos-related correspondence with the department and other state and federal agencies concerning the project, including but not limited to building or demolition permits, notices of violation, or other documents relating to permits; (h) The name and address ofthe asbestos disposal facility towhich the RACM was taken; (i) The methodology and results ofall air sampling conducted during the abatement process, the name and address of any consultant hired to performsuch sampling, and the name and address of any analytical service employed to analyze such samples; and (j) Descriptions ofworksite 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 O/O shall make the records described in Env-A 1804.03 available to the department upon request. (b) Records shall not be destroyed unless they are more than 30 years old, dated fromthe completion ofthe asbestos abatement project. Source. (See Revision Note at chapter heading for Env-A 1800) #9298, eff 10-21-08

14 Env-A 1800NEW HAMPSHIRE CODE OF ADMINISTRATIVE RULES

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15 Env-A 1800NEW HAMPSHIRE CODE OF ADMINISTRATIVE RULES

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16 Env-A 1800NEW HAMPSHIRE CODE OF ADMINISTRATIVE RULES

PART Env-A 1805 WORK PRACTICE REQUIREMENTS Env-A 1805.01 Requirements for Major Asbestos Abatement Projects. Each O/O of a facility at whichmajor asbestos abatement activity is or maybe undertaken shall ensure compliance withthis part. Source. (See Revision Note at chapter heading for Env-A 1800) #9298, eff 10-21-08 Env-A 1805.02 Asbestos Abatement Project Personnel . The contractor(s) andpersonnel involved in a major asbestos abatement project shall be licensed and certified, respectively, in accordance with Env-A 1810 . Source. (See Revision Note at chapter heading for Env-A 1800) #9298, eff 10-21-08 Env-A 1805.03 Records Maintained On-Site. The O/Oshall maintain the records specified in Env-A 1804.02on-site. Source. (See Revision Note at chapter heading for Env-A 1800) #9298, eff 10-21-08 Env-A 1805.04 Site Preparation. Prior to the start ofthe abatement, the O/Oshall prepare each work area as follows: (a) Post telephone numbers ofthe nearest emergency facilities within 3 feet ofthe telephone nearest to the work area; (b) Isolate contaminated areas fromuncontaminated areas with air-tight barriers over all openings between the work area and uncontaminated areas, including but not limited to windows, doorways, elevator openings, corridor entrances, ventilation openings, drains, ducts, grills, grates, diffusers and skylights, but excluding the decontamination enclosure systemdoorways, using sheeting having a minimumthickness of6 mil ; (c) Post warning signs at all entrances to the work area; (d) Remove all movable objects fromthe workarea; (e) Clean or dispose ofas asbestos waste all contaminated items that are removed fromthe work area; (f) Clean all non-movable objects in the work area, then cover with sheeting having a minimum thickness of4 mil secured into place; (g) Install sheeting as follows: (1) Completely cover all uncontaminated floors, walls, and ceiling surfaces in the work area with sheeting as specified in (3) through (6), below, as applicable, sized and installed so as to minimize seams;

17 Env-A 1800NEW HAMPSHIRE CODE OF ADMINISTRATIVE RULES (2) No sheeting seams shall be located at any floor/wall or ceiling/wall corners; (3) Floor sheeting shall consist of2layers of6mil sheeting, extending at least 12 inches up each wall ; (4) Wall sheeting shall consist ofone layer of4mil 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 systemcomponents 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 ofnegative pressure ventilation units with HEPAfiltration to provide one containment area air change every 15 minutes. (b) The unit(s) shall be operated to maintain a static pressure differential of 0.02 inches water gauge fromthe time that barrier construction is completed through the time acceptable final clean air monitoring results are obtained. (c) The negative pressure ventilation units shall exhaust filtered air to the outside of the facility wherever practical . (d) Ifexhausted to interior spaces, the exhaust shall be monitored for fiber release by: (1) Using a continuous, direct reading instrument equipped with a chart recorder located at the exhaust; or (2) Taking daily air samples at the exhaust and having themanalyzed, as described in Env-A 1805.09(c), as expeditiously as practical, butno more than 24hours 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 fromeach other by doorways with at least 2overlapping sheets. (c) The shower roomshall have running water that is at least 85° F or can be mixed at the tap to achieve 85° F. (d) Shower waste water shall be collected and disposed of as asbestos waste or filtered through a 5 micron filter. 18 Env-A 1800NEW HAMPSHIRE CODE OF ADMINISTRATIVE RULES (e) Except for the doorways, the worker decontamination enclosure systemshall be airtight. (f) All entrances to and exits fromthe work area shall be through the decontamination enclosure system . (g) Each worker exiting fromthe work area shall thoroughly shower so as to remove all asbestos fibers before entering the clean room . (h) Noasbestos-contaminated individual or itemshall enter the cleanroom . Source. (See Revision Note at chapter heading for Env-A 1800) #9298, eff 10-21-08 Env-A 1805.07 Asbestos Removal Procedures. (a) All RACMshall be adequately wetted before removal and maintained wet during and after removal so as to prevent the release offibers 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 O/O shall performcleanup procedures using repeated HEPA vacuuming and wet cleaning techniques until novisible residue is observed in the work area. Source. (See Revision Note at chapter heading for Env-A 1800) #9298, eff 10-21-08 Env-A 1805.08 Disposal . (a) An O/Oshall performthe following prior to transport ofRACM for disposal : (1) RACM

shall be placed wet into water-tight containers for transport to a landfill . Double impermeable bags ofat least 6mil 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 40CFR61 .150(a) and shall be manifested pursuant to 40CFR61 .150(d) . (b) RACMshall 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-Sw 901 . (c) Within 30 days after delivery of RACM to the disposal site, the O/Oshall provide a copy of the waste shipment recordto the department. Source. (See Revision Note at chapter heading for Env-A 1800) #9298, eff 10-21-08

19 Env-A 1800NEW HAMPSHIRE CODE OF ADMINISTRATIVE RULES Env-A 1805.09 Clearance Testing. (a) At the completion of an asbestos abatement project, but prior to dismantling the containment and decontamination system, the O/Oshall 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 ofthe work area for the presence ofvisible residue. (c) Ifvisible residue is found by the independent industrial hygienist, the O/Oshall continue cleaning the work area in accordance with Env-A 1805.07(e) . (d) After determining that no visible residue remains in the work area, the independent industrial hygienist shall take sufficient volumes of air for clearance sampling to accurately determine, to a 95 percent probability, fiber concentrations to 0.01 fibers/cubic centimeter (f/cc) ofair. (e) Clearance air sampling shall be done no sooner than the earlier of 6 hours fromthe time the cleanup procedures ofwet wiping and HEPA vacuuming are completed, or such time as all surfaces in the work area have dried. If all work area surfaces are dry at the completion of the cleanup procedures, no waiting period shall be required prior to beginning air sampling. (f) Aggressive sampling shall be used: (1) To ensure that any fibers deposited on surfaces within the work area are included in the sample; and (2) For all clearance sampling in schools and school buildings. (g) Except for schools and school buildings, non-aggressive sampling shall be used in areas where all uncontaminated wall, ceiling, and floor surfaces in the work area are not covered with sheeting. (h) The containment and worker decontamination systemshall not be dismantled until clearance air sampling demonstrates the presence ofno more than 0.01 fibers oflength greater than 5 microns per cubic centimeter of air as determined by phase contrast optical microscopy, performed as described in "Asbestos and Other Fibers by PCM : Method 7400, Issue 2", National Institute of Occupational Safety and Health (NIOSH) Manual ofAnalytical Methods (NMAM), Fourth Edition, 8/15/94. (i) The industrial hygienist shall provide copies ofthe clearance air sampling results to the department within 30days ofthe date ofclearance air sampling. Source. (See Revision Note at chapter heading for Env-A 1800) #9298, eff 10-21-08 Env-A 1805.10 Specific Requirements for Demolition. (a) Prior to any demolition by intentional burning of a structure or portion of a structure, all RACM and Category I and Category II nonfriable ACMshall be removed in accordance with the applicable provisions ofthis chapter. (b) Prior to any demolition, other than demolition by intentional burning, ofa structure or portion ofa structure that contains RACM, all RACM shall be removed in accordance with the applicable provisions of this chapter, subject to (c), below .

20 Env-A 1800NEW HAMPSHIRE CODE OF ADMINISTRATIVE RULES (c) For clearance air sampling as described in Env-A 1805.09, an acceptable result shall be 0.1 fibers of length greater than 5 microns per cubic centimeter of air as determined by phase contrast optical microscopy, performed as described in "Asbestos and Other Fibers by PCM : Method 7400, Issue 2", NIOSH Manual ofAnalytical Methods (NMAM), Fourth Edition, 8/15/94. Source. (See Revision Note at chapter heading for Env-A 1800) #9298, eff 10-21-08 Env-A 1805.11 Specific Requirements for Enclosure of RACM . When an O/Ochooses to enclose RACM, the O/Oshall : (a) Notify andpay 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 Env-A 1805; (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 RACMthat has the potential to be disturbed during the installation ofhangers, brackets, or other portions ofthe enclosure; and (e) Designate enclosures for RACM by signs, labels, color coding, or some other readily visible mechanismon the enclosure to warn individuals who may be required to disturb the enclosure. Source. (See Revision Note at chapter heading for Env-A 1800) #9298, eff 10-21-08 Env-A 1805.12 Specific Requirements for Encapsulation of RACM . When an O/O chooses to encapsulate RACM, the O/Oshall : (a) Notify and pay the fee in accordance with Env-A 1803.09(c)(1) or (2), as applicable; (b) Insure that filler material applied to gaps in existing material contains noasbestos, 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 mechanismon 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 ofEnv-A 1810.02. (b) Any person performing a minor asbestos abatement project shall take the following precautions at a minimumto prevent the release ofasbestos fibers into the ambient air: 21 Env-A 1800NEW HAMPSHIRE CODE OF ADMINISTRATIVE RULES (1) Barriers including glovebags shall be installed for minor asbestos abatementprojects to assure that fibers released during abatement activities are contained within the work area; (2) All RACMshall be wetted prior to being disturbed, and shall be kept wet until it is containerized; (3) HEPAvacuumequipment 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 40CFR61 .150(a) ; and (5) The containerized waste shall be transported and disposed ofin 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 maybe used only in accordance with the provisions ofthis part. (b) Glovebags shall only be used under such conditions that their use will not threaten any release of fibers at locations outside ofthe glovebag. (c) Glovebag procedures shall conformto the requirements of 29 CFR 1926.1101(g)(5)(ii)(B)(1) through (8), July l, 2007. (d) Following completion of a glovebag procedure or series of glovebag procedures in a contiguous area, clearance air sampling shall be conducted in accordance with the requirements of Env-A 1805.09. Source. (See Revision Note at chapter heading for Env-A 1800) #9298, eff 10-21-08 Env-A 1806.02 Other Alternative Procedures. (a) Any request for an alternative procedure to an asbestos abatement requirement shall be submitted to both EPARegion I and the department. (b) The department shall approve an alternative procedure for control of emissions froman asbestos abatement activity only if:

(1) EPA approves the request or notifies the department in writing that the requested procedure need not be approved by EPA ; and (2) The O/Osatisfies (c) through (e), below . (c) The O/O shall submit to the department a written request for use of an alternative procedure at least 10 days in advance of the proposed starting date for such abatement. Requests shall include all information identified at Env-A 1803.06, and include such additional information as is necessary to identify the unique aspects ofthe project which led to the request. (d) The department shall approve the alternativeprocedure if: 22 Env-A 1800NEW HAMPSHIRE CODE OF ADMINISTRATIVE RULES (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 EPARegion I and the department. Source. (See Revision Note at chapter heading for Env-A 1800) #9298, eff 10-21-08 PART Env-A 1807 APPLICABLE FEDERAL REGULATIONS Env-A 1807.01 National Emission Standards For Asbestos. Under the authority of RSA 141-E:4, XVI(c), the O/Oofa facility subject to this chapter shall comply with the provisions of 40 CFR61, subpart M, as in effect onJuly 1, 2007, except for: (a) The definition of"facility" in 40CFR61 .141 ; and (b) The provisions of 40 CFR 61 .145(c)(1)(i), 61 .145(c)(1)(ii), 61 .145(c)(1)(iv), 61 .149(c)(2), 61 .150(a)(4), 61 .150(a)(5), 61 .150(b)(3), 61 .151 with respect to disposal sites not operated after July 9, 1981, 61 .151(c), 61 .152(b)(3), 61 .154(c), 61 .154(d), 61 .155(a), and 61 .157. Source. (See Revision Note at chapter heading for Env-A 1800) #9298, eff 10-21-08

23 Env-A 1800