NEW HAMPSHIRE CODE OF ADMINISTRATIVE RULES 

CHAPTER Env-A 1800 ASBESTOS MANAGEMENT AND CONTROL 

PART Env-A 1801 PURPOSE AND SCOPE 

Env-A 1801 .01 Purpose . 

(a) The purpose of this chapter is to protect the health of the general public by ensuring that asbestos 

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

thereto . 

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

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

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

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

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

CFR 1926; and 

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

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

1800) #9298, eff 10-21-08 

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 the premises; 

(b) Any person involved in asbestos abatement activities, including analytical laboratories, 

consultants, asbestos abatement contractors, and asbestos abatement workers ; 

(c) Any source, other than an inactive waste disposal site that ceased operating by July 10, 1981, 

subject to 40 CFR 61, Subpart M; 

(d) Any structure, installation, or building previously subject to this chapter, regardless of its current 

use or function; 

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 

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NEW 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 of selling the home. 

(b) The owner of a private, single-family residence occupied by the owner who performs asbestos 

abatement activities on that residence shall comply with Env-A 1805 .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 of asbestos. 

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 asbestiform tremolite, actinolite, or anthophyllite ." 

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

1800) #9298, eff 10-21-08 

Env-A 1802.06 "Asbestos abatement" means "asbestos abatement" as defined in RSA 141-E :2, 11, 

namely "any of the following activities: 

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

RACM, as defined in paragraph VII; 

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NEW 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 of minimizing the potential for fiber release ; 

(c) The construction of airtight enclosures by the use of impact resistant materials to isolate surfaces 

coated with or containing RACM; 

(d) The removal or stripping of RACM from structural members, walls, ceilings, or other building 

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

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

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

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

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

around RACM." 

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

1800) #9298, eff 10-21-08 

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

1900) #c»94u , 0ff 10 21 04 

1900) #9294 0~~ , 10 21 04 

Env-A 1802 .10 "Asbestos abatement worker" means an individual who is certified pursuant to Env-A 

1810.14 to perform asbestos abatement work under the supervision of an 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 

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NEW 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 term includes inactive disposal sites as defined by 40 CFR 61 .141 . The term 

does not include any disposal site which is subject to the permitting requirements of RSA 149-M." 

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 of 40 CFR 763, 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 CFR part 763, section 1, 

Polarized Light Microscopy. " 

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

1800) #9298, eff 10-21-08 

Env-A 1802 .19 "Category 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 1800 
NEW 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 room which is part of the worker 

decontamination enclosure system and includes storage of workers' street clothes and clean protective 

equipment. 

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

1800) #9298, eff 10-21-08 

Env-A 1802 .21 "Contractor" means "contractor" as defined in RSA 141-E:2, IV, namely "any 

partnership, firm, association, corporation, or sole proprietorship which engages in asbestos abatement 

activities and/or activities involving the disturbance of asbestos at asbestos disposal sites ." 

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 of any 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 of environmental 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 from a sudden, unexpected event. The term includes activities necessitated by nonroutine failures of asbestos-containing equipment, the repair of which would require asbestos abatement . 

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 1800 
NEW HAMPSHIRE CODE OF ADMINISTRATIVE RULES 

the surface of the ACM, or by using penetrating encapsulants, which penetrate the ACM and bind its 

components together. 

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

1800) #9298, eff 10-21-08 

1900) ++929 8 , eff 1n 21 0 9 

1800) ++9299 , off 1n 21 04 

Env-A 1802 .30 "Equipment room" means a contaminated area or room which is part of the worker 

decontamination enclosure system and which includes the storage of contaminated clothing and equipment. 

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

1800) #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 of asbestos by weight, area, or volume and 

that can be crumbled, pulverized, or reduced to powder when dry by hand pressure ." 

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

1800) #9298, eff 10-21-08 

Env-A 1802.33 "Glovebag" means a sealed compartment with attached inner gloves used for the 

handling of ACM. 

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

1800) #9298, eff 10-21-08 

Env-A 1802 .34 "HEPA filtration" means high efficiency particulate air filtration capable of filtering 

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 

easily be blown or shaken from the hand. 

6 Env-A 1800 
NEW 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 260 linear 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 of a demolition as defined by 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 

defined by 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 of a building, facility, school, or rental 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 abatement project" means any asbestos abatement renovation activity 

which encompasses not more than l O linear feet, 25 square feet, or 3 cubic feet of RACK The term does not 

include larger projects that are divided into smaller segments. 

Source. (See Revision Note at chapter heading for 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 of this chapter means "owner or operator 

of a demolition or renovation activity" as defined in 40 CFR 61 .141, namely "any person who owns, leases, 

7 Env-A 1800 
NEW 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 or renovation operation, or both." 

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

1800) #9298, eff 10-21-08 

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

political subdivision or agency of the state, department, agency or instrumentality of the United States, or any 

other legal entity . 

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

1800) #9298, eff 10-21-08 

by the -o-A==~~ 

1800) #9r29 4 eg 10 21 0 - 

4 

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 of any RACM from surfaces or components within or 

at a facility . 

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

1800) #9298, eff 10-21-08 

Env-A 1802 .48 "Renovation" means altering a facility or any facility component(s) in any way, 

including the stripping or removal of RACM from any facility or facility component(s). 

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

1800) #9298, eff 10-21-08 

Env-A 1802 .49 "Rental dwelling" means any residence as defined in RSA 21 :6-a which is occupied 

by someone other than the owner. 

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

1800) #9298, eff 10-21-08 

8 Env-A 1800 
NEW HAMPSHIRE CODE OF ADMINISTRATIVE RULES 

pefsennel; 

1800) #9294 0~~ , 1n 21 04 

Env-A 1802.51 "School" means any non-profit institution, whether private or public, day or residential, 

that provides elementary or secondary education, or both, including kindergarten but excluding day care 

centers . 

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 waterproof material 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 room between the clean room and the equipment room in the 

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

during decontamination . 

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

1800) #9298, eff 10-21-08 

9 Env-A 1800 
NEW HAMPSHIRE CODE OF ADMINISTRATIVE RULES 

^ 

intended f,re*;on 

1anm ++0204, 0~~ in ~ i nsz ., ., 

Env-A 1802.55 "Tape" means a high quality duct tape or similar adhesive material which can resist 

both moisture and wear. 

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

1800) #9298, eff 10-21-08 

PART Env-A 1803 NOTIFICATION AND FEES 

Env-A 1803 .01 Notification for Major Asbestos Abatement Projects. 

(a) Except as provided in Env-A 1803 .04, the owner or operator (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 1800 
NEW 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/O shall provide written notification to the department and to the city or town health officer, 

as applicable to the worksite location. 

(b) The notice required by (a), above, shall: 

(1) Contain the information specified in Env-A 1803 .06 ; and 

(2) Be provided at least 10 working days before any demolition activity begins . 

(c) Notification under (a), above, shall be provided even if no ACM is contained in the facility . 

Source . (See Revision Note 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 from January 1 of the new calendar year to December 31 of the same 

year. 

(b) Such annual notification shall be made at least 10 working days prior to the start of the new 

calendar year. 

(c) After filing an annual notification, the O/O shall provide the department with quarterly reports of 

activities performed under such annual notification that include dates of removal, amounts and kinds of 

RACM removed, and disposal site used. 

(d) The O/O shall give separate, individual notification as specified in Env-A 1803.01 for each major 

asbestos abatement project - Class N that occurs at the facility, regardless of whether 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/O shall : 

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

within 24 hours of the beginning of each emergency asbestos abatement activity with information required 

under this part . 

(b) If notice under (a), above, is provided orally, provide written notification in accordance with this 

part to the department no later than 48 hours after the beginning of an emergency asbestos abatement. 

11 Env-A 1800 
NEW 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 required by this part, the O/O shall: 

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

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

(b) Any additional information not specifically required by this part, but necessary to completely 

describe the scope of the project, shall be provided on separate paper. 

(c) Hours of operation shall be included on the notification document. 

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

1800) #9298, eff 10-21-08 

Env-A 1803 .07 Revised Notification . Asbestos abatement activities occurring outside the starting and 

completion dates shall be a violation of this notification requirement unless a revised notification is received 

by the department prior to the revised or original start date, whichever is earlier, or prior to the original 

completion date in the event of an extension or overrun. 

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

1800) #9298, eff 10-21-08 

Env-A 1803 .08 Disposal Only. 

(a) Each person hired by an O/O solely to transport and dispose of ACM shall provide written 

notification to the department of such transport and disposal . 

(b) Prior to transport, the person subject to (a), above, shall provide the following information to the 

department: 

(1) The person's name, mailing address, and daytime telephone number, and, if available, an email address; 

(2) The 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 of the disposal site ; and 

(6) The quantity(ies) of ACM to be disposed. 

(c) Within 30 days after delivery to the disposal site, the person subject to (a), above, shall provide a 

copy of the waste shipment record to the department. 

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

1800) #9298, eff 10-21-08 

Env-A 1803 .09 Notification Fees. 

12 Env-A 1800 
NEW 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 form of cash, company check, certified check, or money order. A 

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

Hampshire". 

(c) Notification fees shall be as follows: 

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

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

(3) For an annual notification pursuant to Env-A 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/O shall provide 

for an inspection by an asbestos inspector of the affected portion(s) of the facility for the presence of ACM. 

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

performed by an asbestos inspector who is certified under Env-A 1810 to perform asbestos 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) A current copy of this chapter; 

(b) Copies of the decontamination procedures used for the decontamination enclosure system required 

by Env-A 1805.06 or any other procedures which have been established to prevent contamination of areas 

outside the work area; 

(c) Copies of procedures to be followed during medical or fire emergencies, including phone numbers 

of the nearest emergency facilities ; 

(d) Copies of all licenses, certificates, and proof of training held by all supervisors and workers 

engaged in the asbestos abatement project ; 

(e) Records of all project-related air sampling results ; and 

(f) A copy of any written notification concerning the asbestos abatement project submitted to the 

department pursuant to Env-A 1803 . 

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NEW 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/O of a facility where an asbestos abatement project has 

occurred shall record and maintain the following information for each project : 

(a) The name, title, address, and social security number of each supervisor and worker participating in 

the project ; 

(b) The address of the project ; 

(c) The work plan for the project ; 

(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 from the date 

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

(f) Documentation of compliance with all applicable requirements of this chapter; 

(g) Copies of all asbestos-related correspondence with the department and other state and federal 

agencies concerning the project, including but not limited to building or demolition permits, notices of 

violation, or other documents relating to permits ; 

(h) The name and address of the asbestos disposal facility to which the RACM was taken; 

(i) The methodology and results of all air sampling conducted during the abatement process, the name 

and address of any consultant hired to perform such sampling, and the name and address of any analytical 

service employed to analyze such samples; and 

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

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

1800) #9298, eff 10-21-08 

Env-A 1804.04 Retention of Records . 

(a) The 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 from the completion 

of the asbestos abatement project . 

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

1800) #9298, eff 10-21-08 

14 Env-A 1800 
NEW HAMPSHIRE CODE OF ADMINISTRATIVE RULES 

ado" E"-> n 1808 . 

1900) ++9298 o~~ , 1n 21 04 

15 Env-A 1800 
NEW HAMPSHIRE CODE OF ADMINISTRATIVE RULES 

1800) ++9294 , eff 10 21 08 

(T~ 

16 Env-A 1800 
NEW 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 

which major asbestos abatement activity is or may be undertaken shall ensure compliance with this 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) and personnel involved in a 

major asbestos abatement project shall be licensed and certified, respectively, in accordance with Env-A 

1810. 

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

1800) #9298, eff 10-21-08 

Env-A 1805 .03 Records Maintained On-Site . The O/O shall maintain the records specified in Env-A 

1804.02 on-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 of the abatement, the O/O shall prepare each work 

area as follows: 

(a) Post telephone numbers of the nearest emergency facilities within 3 feet of the telephone nearest 

to the work area; 

(b) Isolate contaminated areas from uncontaminated areas with air-tight barriers over all openings 

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

openings, corridor entrances, ventilation openings, drains, ducts, grills, grates, diffusers and skylights, but 

excluding the decontamination enclosure system doorways, using sheeting having a minimum thickness of 6 

mil; 

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

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

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

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

thickness of 4 mil 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 1800 
NEW 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 of 2 layers of 6 mil sheeting, extending at least 12 inches up each 

wall; 

(4) Wall sheeting shall consist of one layer of 4 mil sheeting, extending at least 12 inches across 

the floor; 

(5) Ceiling sheeting shall consist of one layer of 4 mil sheeting, extending at least 12 inches 

down each wall; and 

(6) Sheeting for all intake and exhaust openings and any seams in HVAC system components 

shall'be at least 6 mil or tape; and 

(h) Turn off all HVAC systems in or passing through the work area, and take measures to prevent 

accidental start-ups . 

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

1800) #9298, eff 10-21-08 

Env-A 1805 .05 Work Area Ventilation . 

(a) The work area shall be served by a sufficient number of negative pressure ventilation units with 

HEPA filtration to provide one containment area air change every 15 minutes. 

(b) The unit(s) shall be operated to maintain a static pressure differential of 0.02 inches water gauge 

from the time that barrier construction is completed through the time acceptable final clean air monitoring 

results are obtained. 

(c) The negative pressure ventilation units shall exhaust filtered air to the outside of the facility 

wherever practical . 

(d) If exhausted to interior spaces, the exhaust shall be monitored for fiber release by: 

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

exhaust; or 

(2) Taking daily air samples at the exhaust and having them analyzed, as described in Env-A 

1805 .09(c), as expeditiously as practical, but no more than 24 hours after sampling. 

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

1800) #9298, eff 10-21-08 

Env-A 1805 .06 Worker Decontamination Enclosure System. 

(a) Each asbestos abatement site shall have a worker decontamination enclosure system. 

(b) The worker decontamination enclosure systems shall consist of a clean room, shower room, and 

equipment room, separated from each other by doorways with at least 2 overlapping sheets. 

(c) The shower room shall have running water that is at least 85° F or can be mixed at the tap to 

achieve 85° F. 

(d) Shower waste water shall be collected and disposed of as asbestos waste or filtered through a 5 

micron filter . 

18 Env-A 1800 
NEW HAMPSHIRE CODE OF ADMINISTRATIVE RULES 

(e) Except for the doorways, the worker decontamination enclosure system shall be airtight. 

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

system. 

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

fibers before entering the clean room. 

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

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

1800) #9298, eff 10-21-08 

Env-A 1805 .07 Asbestos Removal Procedures . 

(a) All RACM shall be adequately wetted before removal and maintained wet during and after 

removal so as to prevent the release of fibers until placed into leak-tight containers for disposal. 

(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 perform cleanup procedures using repeated HEPA vacuuming 

and wet cleaning techniques until no visible residue is observed in the work area. 

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

1800) #9298, eff 10-21-08 

Env-A 1805 .08 Disposal. 

(a) An O/O shall perform the following prior to transport of RACM for disposal: 

(1) RACM shall be placed wet into water-tight containers for transport to a landfill . Double 

impermeable bags of at least 6 mil thickness each, which can be securely sealed, may be used; 

(2) Large components or structural members removed intact shall be wrapped air-tight in 2 

layers of 6 mil sheeting secured with tape; and 

(3) All containers, including bags, drums, and wrapped components, shall be labeled in 

accordance with 40 CFR 61 .150(a) and shall be manifested pursuant to 40 CFR 61 .150(d) . 

(b) RACM shall be disposed of in accordance with the requirements of 40 CFR 61 .150, as 

incorporated by reference in Env-A 1807.01, with amendments, and Env-Sw 901 . 

(c) Within 30 days after delivery of RACM to the disposal site, the O/O shall provide a copy of the 

waste shipment record to the department. 

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

1800) #9298, eff 10-21-08 

19 Env-A 1800 
NEW 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/O shall obtain the services of an independent industrial hygienist to conduct 

clearance air sampling. 

(b) Prior to clearance sampling, the independent industrial hygienist shall conduct a thorough visual 

inspection of the work area for the presence of visible residue . 

(c) If visible residue is found by the independent industrial hygienist, the O/O shall continue cleaning 

the work area in accordance with Env-A 1805 .07(e) . 

(d) After determining that no visible residue remains in the work area, the independent industrial 

hygienist shall take sufficient volumes of air for clearance sampling to accurately determine, to a 95 percent 

probability, fiber concentrations to 0.01 fibers/cubic centimeter (f/cc) of air . 

(e) Clearance air sampling shall be done no sooner than the earlier of 6 hours from the time the 

cleanup procedures of wet wiping and HEPA vacuuming are completed, or such time as all surfaces in the 

work area have dried. If all work area surfaces are dry at the completion of the cleanup procedures, no 

waiting period shall be required prior to beginning air sampling. 

(f) Aggressive sampling shall be used: 

(1) To ensure that any fibers deposited on surfaces within the work area are included in the 

sample; and 

(2) For all clearance sampling in schools and school buildings . 

(g) Except for schools and school buildings, non-aggressive sampling shall be used in areas where all 

uncontaminated wall, ceiling, and floor surfaces in the work area are not covered with sheeting. 

(h) The containment and worker decontamination system shall not be dismantled until clearance air 

sampling demonstrates the presence of no more than 0 .01 fibers of length greater than 5 microns per cubic 

centimeter of air as determined by phase contrast optical microscopy, performed as described in "Asbestos 

and Other Fibers by PCM : Method 7400, Issue 2", National Institute of Occupational Safety and Health 

(NIOSH) Manual of Analytical Methods (NMAM), Fourth Edition, 8/15/94. 

(i) The industrial hygienist shall provide copies of the clearance air sampling results to the department 

within 30 days of the date of clearance air sampling. 

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

1800) #9298, eff 10-21-08 

Env-A 1805 .10 Specific Requirements for Demolition. 

(a) Prior to any demolition by intentional burning of a structure or portion of a structure, all RACM 

and Category I and Category II nonfriable ACM shall be removed in accordance with the applicable 

provisions of this chapter. 

(b) Prior to any demolition, other than demolition by intentional burning, of a structure or portion of a 

structure that contains RACM, all RACM shall be removed in accordance with the applicable provisions of 

this chapter, subject to (c), below. 

20 Env-A 1800 
NEW 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 of Analytical 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/O chooses to enclose 

RACM, the O/O shall: 

(a) Notify and pay the fee in accordance with Env-A 1803 .09(c)(1) or (2), as applicable; 

(b) 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 RACM that has the potential to be disturbed during the 

installation of hangers, brackets, or other portions of the enclosure; and 

(e) Designate enclosures for RACM by signs, labels, color coding, or some other readily visible 

mechanism on the enclosure to warn individuals who may be required to disturb the enclosure. 

Source. (See Revision Note 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/O shall: 

(a) Notify and pay the fee in accordance with Env-A 1803 .09(c)(1) or (2), as applicable; 

(b) Insure that filler material applied to gaps in existing material contains no asbestos, adheres well to 

the substrate, and provides a suitable base for the encapsulant ; 

(c) Prior to encapsulation, remove loose and hanging RACM in accordance with Env-A 1805 ; 

(d) Apply encapsulants using only low pressure airless spray equipment with nozzle pressure and tip 

size set according to the manufacturer's recommendations; and 

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

visible mechanism on the encapsulated RACM to warn individuals who may in the future be required to 

disturb the material. 

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

1800) #9298, eff 10-21-08 

Env-A 1805 .13 Minor Asbestos Abatement Projects. 

(a) Personnel involved in minor asbestos abatement projects shall be certified in accordance with this 

chapter, unless exempt under the provisions of Env-A 1810.02 . 

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

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

21 Env-A 1800 
NEW HAMPSHIRE CODE OF ADMINISTRATIVE RULES 

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

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

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

containerized; 

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

following abatement until no visible residue is observed; , 

(4) Prior to disposal, RACM shall be containerized in accordance with Env-A 1805 .08 in air-tight 

containers and labeled in accordance with 40 CFR 61 .150(a) ; and 

(5) The containerized waste shall be transported and disposed of in accordance with Env-Sw 901 . 

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

1800) #9298, eff 10-21-08 

PART Env-A 1806 ALTERNATIVE WORK PRACTICES 

Env-A 1806.01 Glovebags . 

(a) Glovebags may be used only in accordance with the provisions of this part. 

(b) Glovebags shall only be used under such conditions that their use will not threaten any release of 

fibers at locations outside of the glovebag. 

(c) Glovebag procedures shall conform to the requirements of 29 CFR 1926.1101(g)(5)(ii)(B)(1) 

through (8), July 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 EPA Region I and the department. 

(b) The department shall approve an alternative procedure for control of emissions from an asbestos 

abatement activity only if: 

(1) EPA approves the request or notifies the department in writing that the requested procedure 

need not be approved by EPA; and 

(2) The O/O satisfies (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 of the project which led to the request . 

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

22 Env-A 1800 
NEW 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 

EPA Region 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/O of a facility subject to this chapter shall comply with the provisions of 40 CFR 61, subpart 

M, as in effect on July 1, 2007, except for : 

(a) The definition of "facility" in 40 CFR 61 .141 ; and 

(b) The provisions of 40 CFR 61 .145(c)(1)(i), 61 .145(c)(1)(ii), 61 .145(c)(1)(iv), 61 .149(c)(2), 

61.150(a)(4), 61 .150(a)(5), 61 .150(b)(3), 61 .151 with respect to disposal sites not operated after July 9, 1981, 

61.151(c), 61 .152(b)(3), 61 .154(c), 61 .154(d), 61 .155(a), and 61 .157 . 

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

1800) #9298, eff 10-21-08 

23 Env-A 1800