California Code of Regulations › Title 8 - Industrial Relations › Division 1 - Department of Industrial Relations › Chapter 3.2 - California Occupational Safety and Health Regulations (Cal/OSHA) › Subchapter 2 - Regulations of the Division of Occupational Safety and Health › Article 2.7 - Approval of Courses and Course Providers › Appendix A - 40 CFR Part 763, Appendix C to Subpart E, Asbestos Model Accreditation Plan

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
I. Asbestos Model Accreditation Plan for States
The Asbestos Model Accreditation Plan (MAP) for States
						has eight components:
(A) Definitions
(B) Initial Training
(C) Examinations
(D) Continuing Education
(E) Qualifications
(F) Recordkeeping Requirements for Training
						Providers
(G) Deaccreditation
(H) Reciprocity
A. Definitions
For purposes of Appendix C:
1. "Friable asbestos-containing material (ACM)" means any
						material containing more than one percent asbestos which has been applied on
						ceilings, walls, structural members, piping, duct work, or any other part of a
						building, which when dry, may be crumbled, pulverized, or reduced to powder by
						hand pressure. The term includes non-friable asbestos-containing material after
						such previously non-friable material becomes damaged to the extent that when
						dry it may be crumbled, pulverized, or reduced to powder by hand
						pressure.
2. "Friable asbestos-containing building material (ACBM)"
						means any friable ACM that is in or on interior structural members or other
						parts of a school or public and commercial building.
3. "Inspection" means an activity undertaken in a school
						building, or a public and commercial building, to determine the presence or
						location, or to assess the condition of, friable or non-friable
						asbestos-containing building material (ACBM) or suspected ACBM, whether by
						visual or physical examination, or by collecting samples of such material. This
						term includes reinspections of friable and non-friable known or assumed ACBM
						which has been previously identified. The term does not include the
						following:
a. Periodic surveillance of the type described in
						40 CFR
						763.92(b) solely for the
						purpose of recording or reporting a change in the condition of known or assumed
						ACBM;
b. Inspections performed by employees or agents of
						Federal, State, or local government solely for the purpose of determining
						compliance with applicable statutes or regulations; or
c. visual inspections of the type described in
						40 CFR
						763.90(i) solely for the
						purpose of determining completion of response actions.
4. "Major fiber release episode" means any uncontrolled
						or unintentional disturbance of ACBM, resulting in a visible emission, which
						involves the falling or dislodging of more than 3 square or linear feet of
						friable ACBM.
5. "Minor fiber release episode" means any uncontrolled
						or unintentional disturbance of ACBM, resulting in a visible emission, which
						involves the falling or dislodging of 3 square or linear feet or less of
						friable ACBM.
6. "Public and commercial building" means the interior
						space of any building which is not a school building, except that the term does
						not include any residential apartment building of fewer than 10 units or
						detached single-family homes. The term includes, but is not limited to:
						industrial and office buildings, residential apartment buildings and
						condominiums of 10 or more dwelling units, government-owned buildings,
						colleges, museums, airports, hospitals, churches, preschools, stores,
						warehouses and factories. Interior space includes exterior hallways connecting
						buildings, porticos, and mechanical systems used to condition interior
						space.
7. "Response action" means a method, including removal,
						encapsulation, enclosure, repair, and operation and maintenance, that protects
						human health and the environment from friable ACBM.
8. "Small-scale, short-duration activities (SSSD)" are
						tasks such as, but not limited to:
a. Removal of asbestos-containing insulation on
						pipes.
b. Removal of small quantities of asbestos-containing
						insulation on beams or above ceilings.
c. Replacement of an asbestos-containing gasket on a
						valve.
d. Installation or removal of a small section of
						drywall.
e. Installation of electrical conduits through or
						proximate to asbestos-containing materials.
SSSD can be further defined by the following
						considerations:
f. Removal of small quantities of ACM only if required in
						the performance of another maintenance activity not intended as asbestos
						abatement.
g. Removal of asbestos-containing thermal system
						insulation not to exceed amounts greater than those which can be contained in a
						single glove bag.
h. Minor repairs to damaged thermal system insulation
						which do not require removal.
i. Repairs to a piece of asbestos-containing
						wallboard.
j. Repairs, involving encapsulation, enclosure, or
						removal, to small amounts of friable ACM only if required in the performance of
						emergency or routine maintenance activity and not intended solely as asbestos
						abatement. Such work may not exceed amounts greater than those which can be
						contained in a single prefabricated mini-enclosure. Such an enclosure shall
						conform spatially and geometrically to the localized work area, in order to
						perform its intended containment function.
B. Initial Training
Training requirements for purposes of accreditation are
						specified both in terms of required subjects of instruction and in terms of
						length of training. Each initial training course has a prescribed curriculum
						and number of days of training. One day of training equals 8 hours, including
						breaks and lunch. Course instruction must be provided by EPA or State-approved
						instructors. EPA or State instructor approval shall be based upon a review of
						the instructor's academic credentials and/or field experience in asbestos
						abatement.
Beyond the initial training requirements, individual
						States may wish to consider requiring additional days of training for purposes
						of supplementing hands-on activities or for reviewing relevant state
						regulations. States also may wish to consider the relative merits of a worker
						apprenticeship program. Further, they might consider more stringent minimum
						qualification standards for the approval of training instructors. EPA
						recommends that the enrollment in any given course be limited to 25 students so
						that adequate opportunities exist for individual hands-on experience.
States have the option to provide initial training
						directly or approve other entities to offer training. The following
						requirements are for the initial training of persons required to have
						accreditation under TSCA Title II.
Training requirements for each of the five accredited
						disciplines are outlined below. Persons in each discipline perform a different
						job function and distinct role. Inspectors identify and assess the condition of
						ACBM, or suspect ACBM. Management planners use data gathered by inspectors to
						assess the degree of hazard posed by ACBM in schools to determine the scope and
						timing of appropriate response actions needed for schools. Project designers
						determine how asbestos abatement work should be conducted. Lastly, workers and
						contractor/supervisors carry out and oversee abatement work. In addition, a
						recommended training curriculum is also presented for a sixth discipline, which
						is not federally-accredited, that of "Project Monitor." Each accredited
						discipline and training curriculum is separate and distinct from the others. A
						person seeking accreditation in any of the five accredited MAP disciplines
						cannot attend two or more courses concurrently, but may attend such courses
						sequentially.
In several instances, initial training courses for a
						specific discipline (e.g., workers, inspectors) require hands-on training. For
						asbestos abatement contractor/supervisors and workers, hands-on training should
						include working with asbestos-substitute materials, fitting and using
						respirators, use of glovebags, donning protective clothing, and constructing a
						decontamination unit as well as other abatement work activities.
1. Workers
A person must be accredited as a worker to carry out any
						of the following activities with respect to friable ACBM in a school or public
						and commercial building: (1) A response action other than a SSSD activity, (2)
						a maintenance activity that disturbs friable ACBM other than a SSSD activity,
						or (3) a response action for a major fiber release episode. All persons seeking
						accreditation as asbestos abatement workers shall complete at least a 4-day
						training course as outlined below. The 4-day worker training course shall
						include lectures, demonstrations, at least 14 hours of hands-on training,
						individual respirator fit testing, course review, and an examination. Hands-on
						training must permit workers to have actual experience performing tasks
						associated with asbestos abatement. A person who is otherwise accredited as a
						contractor/supervisor may perform in the role of a worker without possessing
						separate accreditation as a worker.
Because of cultural diversity associated with the
						asbestos workforce, EPA recommends that States adopt specific standards for the
						approval of foreign language courses for abatement workers. EPA further
						recommends the use of audio-visual materials to complement lectures, where
						appropriate.
The training course shall adequately address the
						following topics:
(a) Physical characteristics of asbestos. Identification
						of asbestos, aerodynamic characteristics, typical uses, and physical
						appearance, and a summary of abatement control options.
(b) Potential health effects related to asbestos
						exposure. The nature of asbestos-related diseases; routes of exposure;
						dose-response relationships and the lack of a safe exposure level; the
						synergistic effect between cigarette smoking and asbestos exposure; the latency
						periods for asbestos-related diseases; a discussion of the relationship of
						asbestos exposure to asbestosis, lung cancer, mesothelioma, and cancers of
						other organs.
(c) Employee personal protective equipment. Classes and
						characteristics of respirator types; limitations of respirators; proper
						selection, inspection; donning, use, maintenance, and storage procedures for
						respirators; methods for field testing of the facepiece-to-face seal (positive
						and negative-pressure fit checks); qualitative and quantitative fit testing
						procedures; variability between field and laboratory protection factors that
						alter respiratory fit (e.g., facial hair); the components of a proper
						respiratory protection program; selection and use of personal protective
						clothing; use, storage, and handling of non-disposable clothing; and
						regulations covering personal protective equipment.
(d) State-of-the-art work practices. Proper work
						practices for asbestos abatement activities, including descriptions of proper
						construction; maintenance of barriers and decontamination enclosure systems;
						positioning of warning signs; lock-out of electrical and ventilation systems;
						proper working techniques for minimizing fiber release; use of wet methods; use
						of negative pressure exhaust ventilation equipment; use of high-efficiency
						particulate air (HEPA) vacuums; proper clean-up and disposal procedures; work
						practices for removal, encapsulation, enclosure, and repair of ACM; emergency
						procedures for sudden releases; potential exposure situations; transport and
						disposal procedures; and recommended and prohibited work practices.
(e) Personal hygiene. Entry and exit procedures for the
						work area; use of showers; avoidance of eating, drinking, smoking, and chewing
						(gum or tobacco) in the work area; and potential exposures, such as family
						exposure.
(f) Additional safety hazards. Hazards encountered during
						abatement activities and how to deal with them, including electrical hazards,
						heat stress, air contaminants other than asbestos, fire and explosion hazards,
						scaffold and ladder hazards, slips, trips, and falls, and confined
						spaces.
(g) Medical monitoring. OSHA and EPA Worker Protection
						Rule requirements for physical examinations, including a pulmonary function
						test, chest X-rays, and a medical history for each employee.
(h) Air monitoring. Procedures to determine airborne
						concentrations of asbestos fibers, focusing on how personal air sampling is
						performed and the reasons for it.
(i) Relevant Federal, State, and local regulatory
						requirements, procedures, and standards. With particular attention directed at
						relevant EPA, OSHA, and State regulations concerning asbestos abatement
						workers.
(j) Establishment of respiratory protection
						programs.
(k) Course review. A review of key aspects of the
						training course.
2. Contractor/Supervisors
A person must be accredited as a contractor/supervisor to
						supervise any of the following activities with respect to friable ACBM in a
						school or public and commercial building: (1) A response action other than a
						SSSD activity, (2) a maintenance activity that disturbs friable ACBM other than
						a SSSD activity, or (3) a response action for a major fiber release episode.
						All persons seeking accreditation as asbestos abatement contractor/supervisors
						shall complete at least a 5-day training course as outlined below. The training
						course must include lectures, demonstrations, at least 14 hours of hands-on
						training, individual respirator fit testing, course review, and a written
						examination. Hands-on training must permit supervisors to have actual
						experience performing tasks associated with asbestos abatement.
EPA recommends the use of audiovisual materials to
						complement lectures, where appropriate.
Asbestos abatement supervisors include those persons who
						provide supervision and direction to workers performing response actions.
						Supervisors may include those individuals with the position title of foreman,
						working foreman, or leadman pursuant to collective bargaining agreements. At
						least one supervisor is required to be at the worksite at all times while
						response actions are being conducted. Asbestos workers must have access to
						accredited supervisors throughout the duration of the project.
The contractor/supervisor training course shall
						adequately address the following topics:
(a) The physical characteristics of asbestos and
						asbestos-containing materials. Identification of asbestos, aerodynamic
						characteristics, typical uses, physical appearance, a review of hazard
						assessment considerations, and a summary of abatement control options.
(b) Potential health effects related to asbestos
						exposure. The nature of asbestos-related diseases; routes of exposure;
						dose-response relationships and the lack of a safe exposure level; synergism
						between cigarette smoking and asbestos exposure; and latency period for
						diseases.
(c) Employee personal protective equipment. Classes and
						characteristics of respirator types; limitations of respirators; proper
						selection, inspection, donning, use, maintenance, and storage procedures for
						respirators; methods for field testing of the facepiece-to-face seal (positive
						and negative-pressure fit checks); qualitative and quantitative fit testing
						procedures; variability between field and laboratory protection factors that
						alter respiratory fit (e.g., facial hair); the components of a proper
						respiratory protection program; selection and use of personal protective
						clothing; and use, storage, and handling of non-disposable clothing; and
						regulations covering personal protective equipment.
(d) State-of-the-art work practices. Proper work
						practices for asbestos abatement activities, including descriptions of proper
						construction and maintenance of barriers and decontamination enclosure systems;
						positioning of warning signs; lock-out of electrical and ventilation systems;
						proper working techniques for minimizing fiber release; use of wet methods; use
						of negative pressure exhaust ventilation equipment; use of HEPA vacuums; and
						proper clean-up and disposal procedures. Work practices for removal,
						encapsulation, enclosure, and repair of ACM; emergency procedures for unplanned
						releases; potential exposure situations; transport and disposal procedures; and
						recommended and prohibited work practices. New abatement-related techniques and
						methodologies may be discussed.
(e) Personal hygiene. Entry and exit procedures for the
						work area; use of showers; and avoidance of eating, drinking, smoking, and
						chewing (gum or tobacco) in the work area. Potential exposures, such as family
						exposure, shall also be included.
(f) Additional safety hazards. Hazards encountered during
						abatement activities and how to deal with them, including electrical hazards,
						heat stress, air contaminants other than asbestos, fire and explosion hazards,
						scaffold and ladder hazards, slips, trips, and falls, and confined
						spaces.
(g) Medical monitoring. OSHA and EPA Worker Protection
						Rule requirements for physical examinations, including a pulmonary function
						test, chest X-rays and a medical history for each employee.
(h) Air monitoring. Procedures to determine airborne
						concentrations of asbestos fibers, including descriptions of aggressive air
						sampling, sampling equipment and methods, reasons for air monitoring, types of
						samples and interpretation of results.
EPA recommends that transmission electron microscopy
						(TEM) be used for analysis of final air clearance samples, and that sample
						analyses be performed by laboratories accredited by the National Institute of
						Standards and Technology's (NIST) National Voluntary Laboratory Accreditation
						Program (NVLAP).
(i) Relevant Federal, State, and local regulatory
						requirements, procedures, and standards, including:
(
i
) Requirements of TSCA Title
						II.
(
ii
) National Emission Standards for
						Hazardous Air Pollutants ( 40 CFR part 61 ), Subparts A (General Provisions)
						and M (National Emission Standard for Asbestos).
(
iii
) OSHA standards for permissible
						exposure to airborne concentrations of asbestos fibers and respiratory
						protection (29 CFR
						1910.134).
(
iv
) OSHA Asbestos Construction Standard
						(29 CFR
						1926.58).
(
v
) EPA Worker Protection Rule ( 40 CFR
						part 763, Subpart G).
(j) Respiratory Protection Programs and Medical
						Monitoring Programs.
(k) Insurance and liability issues. Contractor issues;
						worker's compensation coverage and exclusions; third-party liabilities and
						defenses; insurance coverage and exclusions.
(
l
) Recordkeeping for asbestos abatement
						projects. Records required by Federal, State, and local regulations; records
						recommended for legal and insurance purposes.
(m) Supervisory techniques for asbestos abatement
						activities. Supervisory practices to enforce and reinforce the required work
						practices and discourage unsafe work practices.
(n) Contract specifications. Discussions of key elements
						that are included in contract specifications.
(o) Course review. A review of key aspects of the
						training course.
3. Inspector
All persons who inspect for ACBM in schools or public and
						commercial buildings must be accredited. All persons seeking accreditation as
						an inspector shall complete at least a 3-day training course as outlined below.
						The course shall include lectures, demonstrations, 4 hours of hands-on
						training, individual respirator fit-testing, course review, and a written
						examination.
EPA recommends the use of audiovisual materials to
						complement lectures, where appropriate. Hands-on training should include
						conducting a simulated building walk-through inspection and respirator fit
						testing. The inspector training course shall adequately address the following
						topics:
(a) Background information on asbestos. Identification of
						asbestos, and examples and discussion of the uses and locations of asbestos in
						buildings; physical appearance of asbestos.
(b) Potential health effects related to asbestos
						exposure. The nature of asbestos-related diseases; routes of exposure;
						dose-response relationships and the lack of a safe exposure level; the
						synergistic effect between cigarette smoking and asbestos exposure; the latency
						periods for asbestos-related diseases; a discussion of the relationship of
						asbestos exposure to asbestosis, lung cancer, mesothelioma, and cancers of
						other organs.
(c) Functions/qualifications and role of inspectors.
						Discussions of prior experience and qualifications for inspectors and
						management planners; discussions of the functions of an accredited inspector as
						compared to those of an accredited management planner; discussion of inspection
						process including inventory of ACM and physical assessment.
(d) Legal liabilities and defenses. Responsibilities of
						the inspector and management planner; a discussion of comprehensive general
						liability policies, claims-made, and occurrence policies, environmental and
						pollution liability policy clauses; state liability insurance requirements;
						bonding and the relationship of insurance availability to bond
						availability.
(e) Understanding building systems. The interrelationship
						between building systems, including: an overview of common building physical
						plan layout; heat, ventilation, and air conditioning (HVAC) system types,
						physical organization, and where asbestos is found on HVAC components; building
						mechanical systems, their types and organization, and where to look for
						asbestos on such systems; inspecting electrical systems, including appropriate
						safety precautions; reading blueprints and as-built drawings.
(f) Public/employee/building occupant relations.
						Notifying employee organizations about the inspection; signs to warn building
						occupants; tact in dealing with occupants and the press; scheduling of
						inspections to minimize disruptions; and education of building occupants about
						actions being taken.
(g) Pre-inspection planning and review of previous
						inspection records. Scheduling the inspection and obtaining access; building
						record review; identification of probable homogeneous areas from blueprints or
						as-built drawings; consultation with maintenance or building personnel; review
						of previous inspection, sampling, and abatement records of a building; the role
						of the inspector in exclusions for previously performed inspections.
(h) Inspecting for friable and non-friable ACM and
						assessing the condition of friable ACM. Procedures to follow in conducting
						visual inspections for friable and non-friable ACM; types of building materials
						that may contain asbestos; touching materials to determine friability; open
						return air plenums and their importance in HVAC systems; assessing damage,
						significant damage, potential damage, and potential significant damage; amount
						of suspected ACM, both in total quantity and as a percentage of the total area;
						type of damage; accessibility; material's potential for disturbance; known or
						suspected causes of damage or significant damage; and deterioration as
						assessment factors.
(i) Bulk sampling/documentation of asbestos. Detailed
						discussion of the "Simplified Sampling Scheme for Friable Surfacing Materials
						(EPA 560/5-85-030a October 1985)"; techniques to ensure sampling in a randomly
						distributed manner for other than friable surfacing materials; sampling of
						non-friable materials; techniques for bulk sampling; inspector's sampling and
						repair equipment; patching or repair of damage from sampling; discussion of
						polarized light microscopy; choosing an accredited laboratory to analyze bulk
						samples; quality control and quality assurance procedures. EPA's recommendation
						that all bulk samples collected from school or public and commercial buildings
						be analyzed by a laboratory accredited under the NVLAP administered by
						NIST.
(j) Inspector respiratory protection and personal
						protective equipment. Classes and characteristics of respirator types;
						limitations of respirators; proper selection, inspection; donning, use,
						maintenance, and storage procedures for respirators; methods for field testing
						of the facepiece-to-face seal (positive and negative-pressure fit checks);
						qualitative and quantitative fit testing procedures; variability between field
						and laboratory protection factors that alter respiratory fit (e.g., facial
						hair); the components of a proper respiratory protection program; selection and
						use of personal protective clothing; use, storage, and handling of
						non-disposable clothing.
(k) Recordkeeping and writing the inspection report.
						Labeling of samples and keying sample identification to sampling location;
						recommendations on sample labeling; detailing of ACM inventory; photographs of
						selected sampling areas and examples of ACM condition; information required for
						inclusion in the management plan required for school buildings under TSCA Title
						II, section
						203(i)(1). EPA
						recommends that States develop and require the use of standardized forms for
						recording the results of inspections in schools or public or commercial
						buildings, and that the use of these forms be incorporated into the curriculum
						of training conducted for accreditation.
(
l
) Regulatory review. The following
						topics should be covered: National Emission Standards for Hazardous Air
						Pollutants (NESHAP; 40 CFR part 61, Subparts A and M); EPA Worker Protection
						Rule ( 40 CFR part 763, Subpart G); OSHA Asbestos Construction Standard
						(29 CFR
						1926.58); OSHA respirator requirements
						(29 CFR
						1910.134); the Asbestos-Containing Materials
						in Schools Rule ( 40 CFR Part 763, Subpart E); applicable State and local
						regulations, and differences between Federal and State requirements where they
						apply, and the effects, if any, on public and nonpublic schools or commercial
						or public buildings.
(m) Field trip. This includes a field exercise, including
						a walk-through inspection; on-site discussion about information gathering and
						the determination of sampling locations; on-site practice in phsical
						assessment; classroom discussion of field exercise.
(n) Course review. A review of key aspects of the
						training course.
4. Management Planner
All persons who prepare management plans for schools must
						be accredited.
All persons seeking accreditation as management planners
						shall complete a 3-day inspector training course as outlined above and a 2-day
						management planner training course. Possession of current and valid inspector
						accreditation shall be a prerequisite for admission to the management planner
						training course. The management planner course shall include lectures,
						demonstrations, course review, and a written examination.
EPA recommends the use of audiovisual materials to
						complement lectures, where appropriate.
TSCA Title II does not require accreditation for persons
						performing the management planner role in public and commercial buildings.
						Nevertheless, such persons may find this training and accreditation helpful in
						preparing them to design or administer asbestos operations and maintenance
						programs for public and commercial buildings.
The management planner training course shall adequately
						address the following topics:
(a) Course overview. The role and responsibilities of the
						management planner; operations and maintenance programs; setting work
						priorities; protection of building occupants.
(b) Evaluation/interpretation of survey results. Review
						of TSCA Title II requirements for inspection and management plans for school
						buildings as given in section
						203(i)(1) of TSCA
						Title II; interpretation of field data and laboratory results; comparison of
						field inspector's data sheet with laboratory results and site survey.
(c) Hazard assessment. Amplification of the difference
						between physical assessment and hazard assessment; the role of the management
						planner in hazard assessment; explanation of significant damage, damage,
						potential damage, and potential significant damage; use of a description (or
						decision tree) code for assessment of ACM; assessment of friable ACM;
						relationship of accessibility, vibration sources, use of adjoining space, and
						air plenums and other factors to hazard assessment.
(d) Legal implications. Liability; insurance issues
						specific to planners; liabilities associated with interim control measures,
						in-house maintenance, repair, and removal; use of results from previously
						performed inspections.
(e) Evaluation and selection of control options. Overview
						of encapsulation, enclosure, interim operations and maintenance, and removal;
						advantages and disadvantages of each method; response actions described via a
						decision tree or other appropriate method; work practices for each response
						action; staging and prioritizing of work in both vacant and occupied buildings;
						the need for containment barriers and decontamination in response
						actions.
(f) Role of other professionals. Use of industrial
						hygienists, engineers, and architects in developing technical specifications
						for response actions; any requirements that may exist for architect sign-off of
						plans; team approach to design of high-quality job specifications.
(g) Developing an operations and maintenance (O&M)
						plan. Purpose of the plan; discussion of applicable EPA guidance documents;
						what actions should be taken by custodial staff; proper cleaning procedures;
						steam cleaning and HEPA vacuuming; reducing disturbance of ACM; scheduling
						O&M for off-hours; rescheduling or canceling renovation in areas with ACM;
						boiler room maintenance; disposal of ACM; in-house procedures for ACM-bridging
						and penetrating encapsulants; pipe fittings; metal sleeves; polyvinyl chloride
						(PVC), canvas, and wet wraps; muslin with straps, fiber mesh cloth; mineral
						wool, and insulating cement; discussion of employee protection programs and
						staff training; case study in developing an O&M plan (development,
						implementation process, and problems that have been experienced).
(h) Regulatory review. Focusing on the OSHA Asbestos
						Construction Standard found at
						29 CFR
						1926.58; the National Emission Standard for
						Hazardous Air Pollutants (NESHAP) found at 40 CFR part 61, Subparts A (General
						Provisions) and M (National Emission Standard for Asbestos), EPA Worker
						Protection Rule found at 40 CFR part 763, Subpart G; TSCA Title II; applicable
						State regulations.
(i) Recordkeeping for the management planner. Use of
						field inspector's data sheet along with laboratory results; on-going
						recordkeeping as a means to track asbestos disturbance; procedures for
						recordkeeping. EPA recommends that States require the use of standardized forms
						for purposes of management plans and incorporate the use of such forms into the
						initial training course for management planners.
(j) Assembling and submitting the management plan. Plan
						requirements for schools in TSCA Title II section
						203(i)(1); the
						management plan as a planning tool.
(k) Financing abatement actions. Economic analysis and
						cost estimates; development of cost estimates; present costs of abatement
						versus future operation and maintenance costs; Asbestos School Hazard Abatement
						Act grants and loans.
(
l
) Course review. A review of key
						aspects of the training course.
5. Project Designer
A person must be accredited as a project designer to
						design any of the following activities with respect to friable ACBM in a school
						or public and commercial building: (1) A response action other than a SSSD
						maintenance activity, (2) a maintenance activity that disturbs friable ACBM
						other than a SSSD maintenance activity, or (3) a response action for a major
						fiber release episode. All persons seeking accreditation as a project designer
						shall complete at least a minimum 3-day training course as outlined below. The
						project designer course shall include lectures, demonstrations, a field trip,
						course review and a written examination.
EPA recommends the use of audiovisual materials to
						complement lectures, where appropriate.
The abatement project designer training course shall
						adequately address the following topics:
(a) Background information on asbestos. Identification of
						asbestos; examples and discussion of the uses and locations of asbestos in
						buildings; physical appearance of asbestos.
(b) Potential health effects related to asbestos
						exposure. Nature of asbestos-related diseases; routes of exposure;
						dose-response relationships and the lack of a safe exposure level; the
						synergistic effect between cigarette smoking and asbestos exposure; the latency
						period of asbestos-related diseases; a discussion of the relationship between
						asbestos exposure and asbestosis, lung cancer, mesothelioma, and cancers of
						other organs.
(c) Overview of abatement construction projects.
						Abatement as a portion of a renovation project; OSHA requirements for
						notification of other contractors on a multi-employer site (29 CFR
						1926.58).
(d) Safety system design specifications. Design,
						construction, and maintenance of containment barriers and decontamination
						enclosure systems; positioning of warning signs; electrical and ventilation
						system lock-out; proper working techniques for minimizing fiber release; entry
						and exit procedures for the work area; use of wet methods; proper techniques
						for initial cleaning; use of negative-pressure exhaust ventilation equipment;
						use of HEPA vacuums; proper clean-up and disposal of asbestos; work practices
						as they apply to encapsulation, enclosure, and repair; use of glove bags and a
						demonstration of glove bag use.
(e) Field trip. A visit to an abatement site or other
						suitable building site, including on-site discussions of abatement design and
						building walk-through inspection. Include discussion of rationale for the
						concept of functional spaces during the walk-through.
(f) Employee personal protective equipment. Classes and
						characteristics of respirator types; limitations of respirators; proper
						selection, inspection; donning, use, maintenance, and storage procedures for
						respirators; methods for field testing of the facepiece-to-face seal (positive
						and negative-pressure fit checks); qualitative and quantitative fit testing
						procedures; variability between field and laboratory protection factors that
						alter respiratory fit (e.g., facial hair); the components of a proper
						respiratory protection program; selection and use of personal protective
						clothing; use, storage, and handling of non-disposable clothing.
(g) Additional safety hazards. Hazards encountered during
						abatement activities and how to deal with them, including electrical hazards,
						heat stress, air contaminants other than asbestos, fire, and explosion
						hazards.
(h) Fiber aerodynamics and control. Aerodynamic
						characteristics of asbestos fibers; importance of proper containment barriers;
						settling time for asbestos fibers; wet methods in abatement; aggressive air
						monitoring following abatement; aggressive air movement and negative-pressure
						exhaust ventilation as a clean-up method.
(i) Designing abatement solutions. Discussions of
						removal, enclosure, and encapsulation methods; asbestos waste disposal.
(j) Final clearance process. Discussion of the need for a
						written sampling rationale for aggressive final air clearance; requirements of
						a complete visual inspection; and the relationship of the visual inspection to
						final air clearance. EPA recommends the use of TEM for analysis of final air
						clearance samples. These samples should be analyzed by laboratories accredited
						under the NIST NVLAP.
(k) Budgeting/cost estimating. Development of cost
						estimates; present costs of abatement versus future operation and maintenance
						costs; setting priorities for abatement jobs to reduce costs.
(
l
) Writing abatement specifications.
						Preparation of and need for a written project design; means and methods
						specifications versus performance specifications; design of abatement in
						occupied buildings; modification of guide specifications for a particular
						building; worker and building occupant health/medical considerations;
						replacement of ACM with non-asbestos substitutes.
(m) Preparing abatement drawings. Significance and need
						for drawings, use of as-built drawings as base drawings; use of inspection
						photographs and on-site reports; methods of preparing abatement drawings;
						diagramming containment barriers; relationship of drawings to design
						specifications; particular problems related to abatement drawings.
(n) Contract preparation and administration.
(o) Legal/liabilities/defenses. Insurance considerations;
						bonding; hold-harmless clauses; use of abatement contractor's liability
						insurance; claims made versus occurrence policies.
(p) Replacement. Replacement of asbestos with
						asbestos-free substitutes.
(q) Role of other consultants. Development of technical
						specification sections by industrial hygienists or engineers; the
						multi-disciplinary team approach to abatement design.
(r) Occupied buildings. Special design procedures
						required in occupied buildings; education of occupants; extra monitoring
						recommendations; staging of work to minimize occupant exposure; scheduling of
						renovation to minimize exposure.
(s) Relevant Federal, State, and local regulatory
						requirements, procedures and standards, including, but not limited to:
(
i
) Requirements of TSCA Title
						II.
(
ii
) National Emission Standards for
						Hazardous Air Pollutants, ( 40 CFR part 61 ) subparts A (General Provisions)
						and M (National Emission Standard for Asbestos).
(
iii
) OSHA Respirator Standard found at
						29 CFR
						1910.134.
(
iv
) EPA Worker Protection Rule found at
						40 CFR part 763, subpart G.
(
v
) OSHA Asbestos Construction Standard
						found at 29 CFR
						1926.58.
(
vi
) OSHA Hazard Communication Standard
						found at 29 CFR
						1926.59.
(t) Course review. A review of key aspects of the
						training course.
6. Project Monitor
EPA recommends that States adopt training and
						accreditation requirements for persons seeking to perform work as project
						monitors. Project monitors observe abatement activities performed by
						contractors and generally serve as a building owner's representative to ensure
						that abatement work is completed according to specification and in compliance
						with all relevant statutes and regulations. They may also perform the vital
						role of air monitoring for purposes of determining final clearance. EPA
						recommends that a State seeking to accredit individuals as project monitors
						consider adopting a minimum 5-day training course covering the topics outlined
						below. The course outlined below consists of lectures and demonstrations, at
						least 6 hours of hands-on training, course review, and a written examination.
						The hands-on training component might be satisfied by having the student
						simulate participation in or performance of any of the relevant job functions
						or activities (or by incorporation of the workshop component described in item
						"n" below of this unit).
EPA recommends that the project monitor training course
						adequately address the following topics:
(a) Roles and responsibilities of the project monitor.
						Definition and responsibilities of the project monitor, including
						regulatory/specification compliance monitoring, air monitoring, conducting
						visual inspections, and final clearance monitoring.
(b) Characteristics of asbestos and asbestos-containing
						materials. Typical uses of asbestos; physical appearance of asbestos; review of
						asbestos abatement and control techniques; presentation of the health effects
						of asbestos exposure, including routes of exposure, dose-response
						relationships, and latency periods for asbestos-related diseases.
(c) Federal asbestos regulations. Overview of pertinent
						EPA regulations, including: NESHAP, 40 CFR part 61, subparts A and M; AHERA, 40
						CFR part 763, subpart E; and the EPA Worker Protection Rule, 40 CFR part 763,
						subpart G. Overview of pertinent OSHA regulations, including: Construction
						Industry Standard for Asbestos,
						29 CFR
						1926.58; Respirator Standard,
						29 CFR
						1910.134; and the Hazard Communication
						Standard, 29 CFR
						1926.59. Applicable State and local asbestos
						regulations; regulatory interrelationships.
(d) Understanding building construction and building
						systems. Building construction basics, building physical plan layout;
						understanding building systems (HVAC, electrical, etc.); layout and
						organization, where asbestos is likely to be found on building systems;
						renovations and the effect of asbestos abatement on building systems.
(e) Asbestos abatement contracts, specifications, and
						drawings. Basic provisions of the contract; relationships between principle
						parties, establishing chain of command; types of specifications, including
						means and methods, performance, and proprietary and nonproprietary; reading and
						interpreting records and abatement drawings; discussion of change orders;
						common enforcement responsibilities and authority of project monitor.
(f) Response actions and abatement practices. Pre-work
						inspections; pre-work considerations, precleaning of the work area, removal of
						furniture, fixtures, and equipment; shutdown/modification of building systems;
						construction and maintenance of containment barriers, proper demarcation of
						work areas; work area entry/exit, hygiene practices; determining the
						effectiveness of air filtration equipment; techniques for minimizing fiber
						release, wet methods, continuous cleaning; abatement methods other than
						removal; abatement area clean-up procedures; waste transport and disposal
						procedures; contingency planning for emergency response.
(g) Asbestos abatement equipment. Typical equipment found
						on an abatement project; air filtration devices, vacuum systems, negative
						pressure differential monitoring; HEPA filtration units, theory of filtration,
						design/construction of HEPA filtration units, qualitative and quantitative
						performance of HEPA filtration units, sizing the ventilation requirements,
						location of HEPA filtration units, qualitative and quantitative tests of
						containment barrier integrity; best available technology.
(h) Personal protective equipment. Proper selection of
						respiratory protection; classes and characteristics of respirator types,
						limitations of respirators; proper use of other safety equipment, protective
						clothing selection, use, and proper handling, hard/bump hats, safety shoes;
						breathing air systems, high pressure v. low pressure, testing for Grade D air,
						determining proper backup air volumes.
(i) Air monitoring strategies. Sampling equipment,
						sampling pumps (low v. high volume), flow regulating devices (critical and
						limiting orifices), use of fibrous aerosol monitors on abatement projects;
						sampling media, types of filters, types of cassettes, filter orientation,
						storage and shipment of filters; calibration techniques, primary calibration
						standards, secondary calibration standards, temperature/pressure effects,
						frequency of calibration, recordkeeping and field work documentation,
						calculations; air sample analysis, techniques available and limitations of
						AHERA on their use, transmission electron microscopy (background to sample
						preparation and analysis, air sample conditions which prohibit analysis, EPA's
						recommended technique for analysis of final air clearance samples), phase
						contrast microscopy (background to sample preparation, and AHERA's limits on
						the use of phase contrast micrscopy), what each technique measures; analytical
						methodologies, AHERA TEM protocol, NIOSH 7400, OSHA reference method (non
						clearance), EPA recommendation for clearance (TEM); sampling strategies for
						clearance monitoring, types of air samples (personal breathing zone v.
						fixed-station area) sampling location and objectives (pre-abatement, during
						abatement, and clearance monitoring), number of samples to be collected,
						minimum and maximum air volumes, clearance monitoring (post-visual-inspection)
						(number of samples required, selection of sampling locations, period of
						sampling, aggressive sampling, interpretations of sampling results,
						calculations), quality assurance; special sampling problems, crawl spaces,
						acceptable samples for laboratory analysis, sampling in occupied buildings
						(barrier monitoring).
(j) Safety and health issues other than asbestos.
						Confined-space entry, electrical hazards, fire and explosion concerns, ladders
						and scaffolding, heat stress, air contaminants other than asbestos, fall
						hazards, hazardous materials on abatement projects.
(k) Conducting visual inspections. Inspections during
						abatement, visual inspections using the ASTM E1368 document; conducting
						inspections for completeness of removal; discussion of "how clean is
						clean?"
(
l
) Legal responsibilities and
						liabilities of project monitors. Specification enforcement capabilities;
						regulatory enforcement; licensing; powers delegated to project monitors through
						contract documents.
(m) Recordkeeping and report writing. Developing project
						logs/daily logs (what should be included, who sees them); final report
						preparation; recordkeeping under Federal regulations.
(n) Workshops (6 hours spread over 3 days). Contracts,
						specifications, and drawings: This workshop could consist of each participant
						being issued a set of contracts, specifications, and drawings and then being
						asked to answer questions and make recommendations to a project architect,
						engineer or to the building owner based on given conditions and these
						documents.
Air monitoring strategies/asbestos abatement equipment:
						This workshop could consist of simulated abatement sites for which sampling
						strategies would have to be developed (i.e., occupied buildings, industrial
						situations). Through demonstrations and exhibition, the project monitor may
						also be able to gain a better understanding of the function of various pieces
						of equipment used on abatement projects (air filtration units, water filtration
						units, negative pressure monitoring devices, sampling pump calibration devices,
						etc.).
Conducting visual inspections: This workshop could
						consist, ideally, of an interactive video in which a participant is "taken
						through" a work area and asked to make notes of what is seen. A series of
						questions will be asked which are designed to stimulate a person's recall of
						the area. This workshop could consist of a series of two or three videos with
						different site conditions and different degrees of cleanliness.
C. Examinations
1. Each State shall administer a closed book examination
						or designate other entities such as State-approved providers of training
						courses to administer the closed-book examination to persons seeking
						accreditation who have completed an initial training course. Demonstration
						testing may also be included as part of the examination. A person seeking
						initial accreditation in a specific discipline must pass the examination for
						that discipline in order to receive accreditation. For example, a person
						seeking accreditation as an abatement project designer must pass the State's
						examination for abatement project designer.
States may develop their own examinations, have providers
						of training courses develop examinations, or use standardized examinations
						developed for purposes of accreditation under TSCA Title II. In addition,
						States may supplement standardized examinations with questions about State
						regulations. States may obtain commercially developed standardized
						examinations, develop standardized examinations independently, or do so in
						cooperation with other States, or with commercial or non-profit providers on a
						regional or national basis. EPA recommends the use of standardized,
						scientifically-validated testing instruments, which may be beneficial in terms
						of both promoting competency and in fostering accreditation reciprocity between
						States.
Each examination shall adequately cover the topics
						included in the training course for that discipline. Each person who completes
						a training course, passes the required examination, and fulfills whatever other
						requirements the State imposes must receive an accreditation certificate in a
						specific discipline. Whether a State directly issues accreditation
						certificates, or authorizes training providers to issue accreditation
						certificates, each certificate issued to an accredited person must contain the
						following minimum information:
a. A unique certificate number
b. Name of accredited person
c. Discipline of the training course completed.
d. Dates of the training course.
e. Date of the examination.
f. An expiration date of 1 year after the date upon which
						the person successfully completed the course and examination.
g. The name, address, and telephone number of the
						training provider that issued the certificate.
h. A statement that the person receiving the certificate
						has completed the requisite training for asbestos accreditation under TSCA
						Title II. States or training providers who reaccredit persons based upon
						completion of required refresher training must also provide accreditation
						certificates with all of the above information, except the examination date may
						be omitted if a State does not require a refresher examination for
						reaccreditation.
Where a State licenses accredited persons but has
						authorized training providers to issue accreditation certificates, the State
						may issue licenses in the form of photo-identification cards. Where this
						applies, EPA recommends that the State licenses should include all of the same
						information required for the accreditation certificates. A State may also
						choose to issue photo-identification cards in addition to the required
						accreditation certificates.
Accredited persons must have their initial and current
						accreditation certificates at the location where they are conducting
						work.
2. The following are the requirements for examination in
						each discipline:
a. Worker:
i. 50 multiple-choice questions
ii. Passing score: 70 percent correct
b. Contractor/Supervisor:
i. 100 multiple-choice questions
ii. Passing score: 70 percent correct
c. Inspector:
i. 50 Multiple-choice questions
ii. Passing score: 70 percent correct
d. Management Planner:
i. 50 Multiple-choice questions
ii. Passing score: 70 percent correct
e. Project Designer:
i. 100 multiple-choice questions
ii. Passing score: 70 percent correct
D. Continuing Education
For all disciplines, a State's accreditation program
						shall include annual refresher training as a requirement for reaccreditation as
						indicated below:
1. Workers: One full day of refresher training.
2. Contractor/Supervisors: One full day of refresher
						training.
3. Inspectors: One half-day of refresher training.
4. Management Planners: One half-day of inspector
						refresher training and one half-day of refresher training for management
						planners.
5. Project Designers: One full day of refresher
						training.
The refresher courses shall be specific to each
						discipline. Refresher courses shall be conducted as separate and distinct
						courses and not combined with any other training during the period of the
						refresher course. For each discipline, the refresher course shall review and
						discuss changes in Federal, State, and local regulations, developments in
						state-of-the-art procedures, and a review of key aspects of the initial
						training course as determined by the State. After completing the annual
						refresher course, persons shall have their accreditation extended for an
						additional year from the date of the refresher course. A State may consider
						requiring persons to pass reaccreditation examinations at specific intervals
						(for example, every 3 years).
EPA recommends that States formally establish a 12-month
						grace period to enable formerly accredited persons with expired certificates to
						complete refresher training and have their accreditation status reinstated
						without having to re-take the initial training course.
E. Qualifications
In addition to requiring training and an examination, a
						State may require candidates for accreditation to meet other qualification
						and/or experience standards that the State considers appropriate for some or
						all disciplines. States may choose to consider requiring qualifications similar
						to the examples outlined below for inspectors, management planners and project
						designers. States may modify these examples as appropriate. In addition, States
						may want to include some requirements based on experience in performing a task
						directly as a part of a job or in an apprenticeship role. They may also wish to
						consider additional criteria for the approval of training course instructors
						beyond those prescribed by EPA.
1. Inspectors: Qualifications--possess a high school
						diploma. States may want to require an Associate's Degree in specific fields
						(e.g., environmental or physical sciences).
2. Management Planners: Qualifications--Registered
						architect, engineer, or certified industrial hygienist or related scientific
						field.
3. Project Designers: Qualifications--registered
						architect, engineer, or certified industrial hygienist.
4. Asbestos Training Course Instructor:
						Qualifications--academic credentials and/or field experience in asbestos
						abatement.
EPA recommends that States prescribe minimum
						qualification standards for training instructors employed by training
						providers.
F. Recordkeeping Requirements for Training
						Providers
All approved providers of accredited asbestos training
						courses must comply with the following minimum recordkeeping
						requirements.
1. Training course materials. A training provider must
						retain copies of all instructional materials used in the delivery of the
						classroom training such as student manuals, instructor notebooks and
						handouts.
2. Instructor qualifications. A training provider must
						retain copies of all instructors' resumes, and the documents approving each
						instructor issued by either EPA or a State. Instructors must be approved by
						either EPA or a State before teaching courses for accreditation purposes. A
						training provider must notify EPA or the State, as appropriate, in advance
						whenever it changes course instructors. Records must accurately identify the
						instructors that taught each particular course for each date that a course is
						offered.
3. Examinations. A training provider must document that
						each person who receives an accreditation certificate for an initial training
						course has achieved a passing score on the examination. These records must
						clearly indicate the date upon which the exam was administered, the training
						course and discipline for which the exam was given, the name of the person who
						proctored the exam, a copy of the exam, and the name and test score of each
						person taking the exam. The topic and dates of the training course must
						correspond to those listed on that person's accreditation certificate. States
						may choose to apply these same requirements to examinations for refresher
						training courses.
4. Accreditation certificates. The training providers or
						States, whichever issues the accreditation certificate, shall maintain records
						that document the names of all persons who have been awarded certificates,
						their certificate numbers, the disciplines for which accreditation was
						conferred, training and expiration dates, and the training location. The
						training provider or State shall maintain the records in a manner that allows
						verification by telephone of the required information.
5. Verification of certificate information. EPA
						recommends that training providers of refresher training courses confirm that
						their students possess valid accreditation before granting course admission.
						EPA further recommends that training providers offering the initial management
						planner training course verify that students have met the prerequisite of
						possessing valid inspector accreditation at the time of course
						admission.
6. Records retention and access.
(a) The training provider shall maintain all required
						records for a minimum of 3 years. The training provider, however, may find it
						advantageous to retain these records for a longer period of time.
(b) The training provider must allow reasonable access to
						all of the records required by the MAP, and to any other records which may be
						required by States for the approval of asbestos training providers or the
						accreditation of asbestos training courses, to both EPA and to State Agencies,
						on request. EPA encourages training providers to make this information equally
						accessible to the general public.
(c) If a training provider ceases to conduct training,
						the training provider shall notify the approving government body (EPA or the
						State) and give it the opportunity to take possession of that providers
						asbestos training records.
G. Deaccreditation
1. States must establish criteria and procedures for
						deaccrediting persons accredited as workers, contractor/supervisors,
						inspectors, management planners, and project designers. States must follow
						their own administrative procedures in pursuing deaccreditation actions. At a
						minimum, the criteria shall include:
(a) Performing work requiring accreditation at a job site
						without being in physical possession of initial and current accreditation
						certificates;
(b) Permitting the duplication or use of one's own
						accreditation certificate by another;
(c) Performing work for which accreditation has not been
						received; or
(d) Obtaining accreditation from a training provider that
						does not have approval to offer training for the particular discipline from
						either EPA or from a State that has a contractor accreditation plan at least as
						stringent as the EPA MAP. EPA may directly pursue deaccreditation actions
						without reliance on State deaccreditation or enforcement authority or actions.
						In addition to the above-listed situations, the Administrator may suspend or
						revoke the accreditation of persons who have been subject to a final order
						imposing a civil penalty or convicted under section
						16 of TSCA,
						15 U.S.C.
						2615 or
						2647, for violations of 40 CFR
						part 763, or section
						113 of the Clean Air Act,
						42 U.S.C.
						7413, for violations of 40 CFR part 61,
						subpart M.
2. Any person who performs asbestos work requiring
						accreditation under section
						206(a) of TSCA,
						15 U.S.C.
						2646(a), without such
						accreditation is in violation of TSCA. The following persons are not accredited
						for purposes of section
						206(a) of
						TSCA:
(a) Any person who obtains accreditation through
						fraudulent representation of training or examination documents;
(b) Any person who obtains training documentation through
						fraudulent means;
(c) Any person who gains admission to and completes
						refresher training through fraudulent representation of initial or previous
						refresher training documentation; or
(d) Any person who obtains accreditation through
						fraudulent representation of accreditation requirements such as education,
						training, professional registration, or experience.
H. Reciprocity
EPA recommends that each State establish reciprocal
						arrangements with other States that have established accreditation programs
						that meet or exceed the requirements of the MAP. Such arrangements might
						address cooperation in licensing determinations, the review and approval of
						training programs and/or instructors, candidate testing and exam
						administration, curriculum development, policy formulation, compliance
						monitoring, and the exchange of information and data. The benefits to be
						derived from these arrangements include a potential cost-savings from the
						reduction of duplicative activity and the attainment of a more professional
						accredited workforce as States are able to refine and improve the effectiveness
						of their programs based upon the experience and methods of other States.
II. EPA Approval Process for State Accreditation
						Programs
A. States may seek approval for a single discipline or
						all disciplines as specified in the MAP. For example, a State that currently
						only requires worker accreditation may receive EPA approval for that discipline
						alone. EPA encourages States that currently do not have accreditation
						requirements for all disciplines required under section
						206(b)(2) of TSCA,
						15 U.S.C.
						2646(b)(2), to seek EPA
						approval for those disciplines the State does accredit. As States establish
						accreditation requirements for the remaining disciplines, the requested
						information outlined below should be submitted to EPA as soon as possible. Any
						State that had an accreditation program approved by EPA under an earlier
						version of the MAP may follow the same procedures to obtain EPA approval of
						their accreditation program under this MAP.
B. Partial approval of a State Program for the
						accreditation of one or more disciplines does not mean that the State is in
						full compliance with TSCA where the deadline for that State to have adopted a
						State Plan no less stringent than the MAP has already passed. State Programs
						which are at least as stringent as the MAP for one or more of the accredited
						disciplines may, however, accredit persons in those disciplines only.
C. States seeking EPA approval or reapproval of
						accreditation programs shall submit the following information to the Regional
						Asbestos Coordinator at their EPA Regional office:
1. A copy of the legislation establishing or upgrading
						the State's accreditation program (if applicable).
2. A copy of the State's accreditation regulations or
						revised regulations.
3. A letter to the Regional Asbestos Coordinator that
						clearly indicates how the State meets the program requirements of this MAP.
						Addresses for each of the Regional Asbestos Coordinators are shown
						below:
EPA, Region I, (ATC-111) Asbestos Coordinator, JFK
						Federal Bldg., Boston, MA 02203-2211, (617) 565-3836.
EPA, Region II, (MS-500), Asbestos Coordinator, 2890
						Woodbridge Ave., Edison, NJ 08837-3679, (908) 321-6671.
EPA, Region III, (3AT-33), Asbestos Coordinator, 841
						Chestnut Bldg., Philadelphia, PA 19107, (215) 597-3160.
EPA, Region IV, Asbestos Coordinator, 345 Courtland St.,
						N.E., Atlanta, GA 30365, (404) 347-5014.
EPA, Region V, (SP-14J), Asbestos Coordinator, 77 W.
						Jackson Blvd., Chicago, IL 60604-3590, (312) 886-6003.
EPA, Region VI, (6T-PT), Asbestos Coordinator, 1445 Ross
						Ave., Dallas, TX 75202-2744, (214) 655-7244.
EPA, Region VII, (ARTX/ASBS), Asbestos Coordinator, 726
						Minnesota Ave., Kansas City, KS 66101, (913) 551-7020.
EPA, Region VIII, (8AT-TS), Asbestos Coordinator, 1
						Denver Place, Suite 500, 999 - 18th St., Denver, CO 80202-2405, (303)
						293-1442.
EPA, Region IX, (A-4-4), Asbestos Coordinator, 75
						Hawthorne St., San Francisco, CA 94105, (415) 744-1128.
EPA, Region X, (AT-083), Asbestos Coordinator, 1200 Sixth
						Ave., Seattle, WA 98101, (206) 553-4762.
EPA maintains a listing of all those States that have
						applied for and received EPA approval for having accreditation requirements
						that are at least as stringent as the MAP for one or more disciplines. Any
						training courses approved by an EPA-approved State Program are considered to be
						EPA-approved for purposes of accreditation.
III. Approval of Training Courses
Individuals or groups wishing to sponsor training courses
						for disciplines required to be accredited under section
						206(b)(1)(A) of
						TSCA, 15 U.S.C.
						2646(b)(1)(A), may apply for
						approval from States that have accreditation program requirements that are at
						least as stringent as this MAP. For a course to receive approval, it must meet
						the requirements for the course as outlined in this MAP, and any other
						requirements imposed by the State from which approval is being sought. Courses
						that have been approved by a State with an accreditation program at least as
						stringent as this MAP are approved under section
						206(a) of TSCA,
						15 U.S.C.
						2646(a), for that particular
						State, and also for any other State that does not have an accreditation program
						as stringent as this MAP.
A. Initial Training Course Approval
A training provider must submit the following minimum
						information to a State as part of its application for the approval of each
						training course:
1. The course provider's name, address, and telephone
						number.
2. A list of any other States that currently approve the
						training course.
3. The course curriculum.
4. A letter from the provider of the training course that
						clearly indicates how the course meets the MAP requirements for:
a. Length of training in days.
b. Amount and type of hands-on training.
c. Examination (length, format, and passing
						score).
d. Topics covered in the course.
5. A copy of all course materials (student manuals,
						instructor notebooks, handouts, etc.).
6. A detailed statement about the development of the
						examination used in the course.
7. Names and qualifications of all course instructors.
						Instructors must have academic and/or field experience in asbestos
						abatement.
8. A description of and an example of the numbered
						certificates issued to students who attend the course and pass the
						examination.
B. Refresher Training Course Approval
The following minimum information is required for
						approval of refresher training courses by States:
1. The length of training in half-days or days.
2. The topics covered in the course.
3. A copy of all course materials (student manuals,
						instructor notebooks, handouts, etc.).
4. The names and qualifications of all course
						instructors. Instructors must have academic and/or field experience in asbestos
						abatement.
5. A description of and an example of the numbered
						certificates issued to students who complete the refresher course and pass the
						examination, if required.
C. Withdrawal of Training Course Approval
States must establish criteria and procedures for
						suspending or withdrawing approval from accredited training programs. States
						should follow their own administrative procedures in pursuing actions for
						suspension or withdrawal of approval of training programs. At a minimum, the
						criteria shall include:
(1) Misrepresentation of the extent of a training
						course's approval by a State or EPA;
(2) Failure to submit required information or
						notifications in a timely manner;
(3) Failure to maintain requisite records;
(4) Falsification of accreditation records, instructor
						qualifications, or other accreditation information; or
(5) Failure to adhere to the training standards and
						requirements of the EPA MAP or State Accreditation Program, as
						appropriate.
In addition to the criteria listed above, EPA may also
						suspend or withdraw a training course's approval where an approved training
						course instructor, or other person with supervisory authority over the delivery
						of training has been found in violation of other asbestos regulations
						administered by EPA. An administrative or judicial finding of violation, or
						execution of a consent agreement and order under
						40 CFR
						22.18, constitutes evidence of a failure to
						comply with relevant statutes or regulations. States may wish to adopt this
						criterion modified to include their own asbestos statutes or regulations. EPA
						may also suspend or withdraw approval of training programs where a training
						provider has submitted false information as a part of the self-certification
						required under Unit V.B. of the revised MAP.
Training course providers shall permit representatives of
						EPA or the State which approved their training courses to attend, evaluate, and
						monitor any training course without charge. EPA or State compliance inspection
						staff are not required to give advance notice of their inspections. EPA may
						suspend or withdraw State or EPA approval of a training course based upon the
						criteria specified in this Unit III.C.
IV. EPA Procedures for Suspension or Revocation of
						Accreditation or Training Course Approval
A. If the Administrator decides to suspend or revoke the
						accreditation of any person or suspend or withdraw the approval of a training
						course, the Administrator will notify the affected entity of the
						following:
1. The grounds upon which the suspension, revocation, or
						withdrawal is based.
2. The time period during which the suspension,
						revocation, or withdrawal is effective, whether permanent or otherwise.
3. The conditions, if any, under which the affected
						entity may receive accreditation or approval in the future.
4. Any additional conditions which the Administrator may
						impose.
5. The opportunity to request a hearing prior to final
						Agency action to suspend or revoke accreditation or suspend or withdraw
						approval.
B. If a hearing is requested by the accredited person or
						training course provider pursuant to the preceding paragraph, the Administrator
						will:
1. Notify the affected entity of those assertions of law
						and fact upon which the action to suspend, revoke, or withdraw is based.
2. Provide the affected entity an opportunity to offer
						written statements of facts, explanations, comments, and arguments relevant to
						the proposed action.
3. Provide the affected entity such other procedural
						opportunities as the Administrator may deem appropriate to ensure a fair and
						impartial hearing.
4. Appoint an EPA attorney as Presiding Officer to
						conduct the hearing. No person shall serve as Presiding Officer if he or she
						has had any prior connection with the specific case.
C. The Presiding Officer appointed pursuant to the
						preceding paragraph shall:
1. Conduct a fair, orderly, and impartial hearing,
						without unnecessary delay.
2. Consider all relevant evidence, explanation, comment,
						and argument submitted pursuant to the preceding paragraph.
3. Promptly notify the affected entity of his or her
						decision and order. Such an order is a final Agency action.
D. If the Administrator determines that the public
						health, interest, or welfare warrants immediate action to suspend the
						accreditation of any person or the approval of any training course provider,
						the Administrator will:
1. Notify the affected entity of the grounds upon which
						the emergency suspension is based;
2. Notify the affected entity of the time period during
						which the emergency suspension is effective.
3. Notify the affected entity of the Administrator's
						intent to suspend or revoke accreditation or suspend or withdraw training
						course approval, as appropriate, in accordance with Unit IV.A. above. If such
						suspension, revocation, or withdrawal notice has not previously been issued, it
						will be issued at the same time the emergency suspension notice is
						issued.
E. Any notice, decision, or order issued by the
						Administrator under this section, and any documents filed by an accredited
						person or approved training course provider in a hearing under this section,
						shall be available to the public except as otherwise provided by section
						14 of TSCA or by 40 CFR part 2. Any
						such hearing at which oral testimony is presented shall be open to the public,
						except that the Presiding Officer may exclude the public to the extent
						necessary to allow presentation of information which may be entitled to
						confidential treatment under section
						14 of TSCA or 40 CFR part 2.
V. Implementation Schedule
The various requirements of this MAP become effective in
						accordance with the following schedules:
A. Requirements applicable to State Programs
1. Each State shall adopt an accreditation plan that is
						at least as stringent as this MAP within 180 days after the commencement of the
						first regular session of the legislature of the State that is convened on or
						after April 4, 1994.
2. If a State has adopted an accreditation plan at least
						as stringent as this MAP as of April 4, 1994, the State may continue to:
a. Conduct TSCA training pursuant to this MAP.
b. Approve training course providers to conduct training
						and to issue accreditation that satisfies the requirements for TSCA
						accreditation under this MAP.
c. Issue accreditation that satisfies the requirements
						for TSCA accreditation under this MAP.
3. A State that had complied with an earlier version of
						the MAP, but has not adopted an accreditation plan at least as stringent as
						this MAP by April 4, 1994, may:
a. Conduct TSCA training which remains in compliance with
						the requirements of Unit V.B. of this MAP. After such training has been
						self-certified in accordance with Unit V.B. of this MAP, the State may issue
						accreditation that satisfies the requirement for TSCA accreditation under this
						MAP.
b. Sustain its approval for any training course providers
						to conduct training and issue TSCA accreditation that the State had approved
						before April 4, 1994, and that remain in compliance with Unit V.B. of this
						MAP.
c. Issue accreditation pursuant to an earlier version of
						the MAP that provisionally satisfies the requirement for TSCA accreditation
						until October 4, 1994. Such a State may not approve new TSCA training course
						providers to conduct training or to issue TSCA accreditation that satisfies the
						requirements of this MAP until the State adopts an accreditation plan that is
						at least as stringent as this MAP.
4. A State that had complied with an earlier version of
						the MAP, but fails to adopt a plan as stringent as this MAP by the deadline
						established in Unit V.A.1., is subject to the following after that deadline
						date:
a. The State loses any status it may have held as an
						EPA-approved State for accreditation purposes under section
						206 of TSCA,
						15 U.S.C.
						2646.
b. All training course providers approved by the State
						lose State approval to conduct training and issue accreditation that satisfies
						the requirements for TSCA accreditation under this MAP.
c. The State may not:
i. Conduct training for accreditation purposes under
						section 206 of TSCA,
						15 U.S.C.
						2646.
ii. Approve training course providers to conduct training
						or issue accreditation that satisfies the requirements for TSCA accreditation;
						or
iii. Issue accreditation that satisfies the requirement
						for TSCA accreditation. EPA will extend EPA-approval to any training course
						provider that loses State approval because the State does not comply with the
						deadline, so long as the provider is in compliance with Unit V.B. of this MAP,
						and the provider is approved by a State that had complied with an earlier
						version of the MAP as of the day before the State loses its EPA
						approval.
5. A State that does not have an accreditation program
						that satisfies the requirements for TSCA accreditation under either an earlier
						version of the MAP or this MAP, may not:
a. Conduct training for accreditation purposes under
						section 206 of TSCA,
						15 U.S.C.
						2646;
b. Approve training course providers to conduct training
						or issue accreditation that satisfies the requirements for TSCA accreditation;
						or
c. Issue accreditation that satisfies the requirement for
						TSCA accreditation.
B. Requirements applicable to Training Courses and
						Providers
As of October 4, 1994, an approved training provider must
						certify to EPA and to any State that has approved the provider for TSCA
						accreditation, that each of the provider's training courses complies with the
						requirements of this MAP. The written submission must document in specific
						detail the changes made to each training course in order to comply with the
						requirements of this MAP and clearly state that the provider is also in
						compliance with all other requirements of this MAP, including the new
						recordkeeping and certificate provisions. Each submission must include the
						following statement signed by an authorized representative of the training
						provider: "Under civil and criminal penalties of law for the making or
						submission of false or fraudulent statements or representations (18 U.S.C.
						1001 and
						15 U.S.C.
						2615), I certify that the training described
						in this submission complies with all applicable requirements of Title II of
						TSCA, 40 CFR part 763, Appendix C to Subpart E, as revised, and any other
						applicable Federal, state or local requirements." A consolidated
						self-certification submission from each training provider that addresses all of
						its approved training courses is permissible and encouraged.
The self-certification must be sent via registered mail,
						to EPA Headquarters at the following address: Attn. Self-Certification Program,
						Field Programs Branch, Chemical Management Division (7404), Office of Pollution
						Prevention and Toxics, Environmental Protection Agency, 401 M St., SW.,
						Washington, DC 20460. A duplicate copy of the complete submission must also be
						sent to any States from which approval had been obtained.
The timely receipt of a complete self-certification by
						EPA and all approving States shall have the effect of extending approval under
						this MAP to the training courses offered by the submitting provider. If a
						self-certification is not received by the approving government bodies on or
						before the due date, the affected training course is not approved under this
						MAP. Such training providers must then reapply for approval of these training
						courses pursuant to the procedures outlined in Unit III.
C. Requirements applicable to Accredited Persons.
Persons accredited by a State with an accreditation
						program no less stringent than an earlier version of the MAP or by an
						EPA-approved training provider as of April 3, 1994, are accredited in
						accordance with the requirements of this MAP, and are not required to retake
						initial training. They must continue to comply with the requirements for annual
						refresher training in Unit I.D. of the revised MAP.
D. Requirements applicable to Non-Accredited
						Persons.
In order to perform work requiring accreditation under
						TSCA Title II, persons who are not accredited by a State with an accreditation
						program no less stringent than an earlier version of the MAP or by an
						EPA-approved training provider as of April 3, 1994, must comply with the
						upgraded training requirements of this MAP by no later than October 4, 1994.
						Non-accredited persons may obtain initial accreditation on a provisional basis
						by successfully completing any of the training programs approved under an
						earlier version of the MAP, and thereby perform work during the first 6 months
						after this MAP takes effect. However, by October 4, 1994, these persons must
						have successfully completed an upgraded training program that fully complies
						with the requirements of this MAP in order to continue to perform work
						requiring accreditation under section
						206 of TSCA,
						15 U.S.C.
						2646.
[52 FR 15876, Apr. 30, 1987; 59 FR 5236, Feb. 3, 1994; 60
						FR 31917, June 19, 1995]