Kentucky Administrative Regulations › Title 401 - ENERGY AND ENVIRONMENT CABINET - DEPARTMENT FOR ENVIRONMENTAL PROTECTION › Chapter 58 - Asbestos › Section 401 KAR 58:005 - Accreditation of asbestos professionals

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				224.10-100,
				224.20-100,
				224.20-110,
				224.20-120,
				224.20-300,
				224.20-310,
				224.20-320,
				224.99-010,
				40 C.F.R.
				763.80 -
				763.99, Appendices A -
				E (Subpart E)
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				224.10-100(5) authorizes the
				cabinet to promulgate administrative regulations for the prevention, abatement,
				and control of air pollution.
				KRS 224.20-300 authorizes
				the cabinet to develop, adopt, and maintain a comprehensive statewide asbestos
				contractor accreditation program. This administrative regulation establishes
				the process for the accreditation of individuals who inspect for asbestos in
				school, public, and commercial buildings; who design, supervise, or perform
				response actions in school, public, or commercial buildings; and who prepare
				plans addressing potential and actual asbestos hazards in school buildings.
				Additionally, this administrative regulation establishes the process for the
				review and approval of training courses that are prerequisites for
				accreditation.
Section 1. Definitions.
(1) "Abatement project design" means a plan
			 specifying the scope of a proposed response action and the procedures,
			 equipment, and controls to be used to conduct the response action, in
			 compliance with applicable regulations, in a school, public, or commercial
			 building.
(2) "Abatement project
			 designer" means a person who prepares an abatement project design.
(3) "Accredited" means that a person has been
			 issued an accreditation certificate pursuant to Section 5 of this
			 administrative regulation.
(4)
			 "Asbestos" means the as bestiform varieties of serpentinite (chrysotile),
			 riebeckite (cro-cidolite), cummingtonite-grunerite (amosite), anthophyllite,
			 actinolite, and tremolite.
(5)
			 "Asbestos abatement activity" means an inspection, a management plan, an
			 abatement project design, or a response action.
(6) "Asbestos abatement supervisor" means the
			 person responsible for the on-site supervision of a response action in a
			 school, public, or commercial building. An asbestos abatement supervisor can
			 also perform the duties of an asbestos abatement worker.
(7) "Asbestos abatement worker" means a
			 person who performs a response action.
(8) "Compliance inspection" means activity
			 performed by federal, state, or local regulatory agencies to determine
			 adherence to statutes and administrative regulations.
(9) "Contingent approval" means temporary
			 approval contingent upon a training course provider's submitting to a site
			 audit.
(10) "Day" means a calendar
			 day.
(11) "Discipline" means
			 inspection, management planning, abatement project design, asbestos abatement
			 supervision, or asbestos abatement work.
(12) "EPA-approved state" means a state that
			 has been authorized by the U.S. EPA to approve training courses for
			 accreditation purposes.
(13)
			 "EPA-approved training course" means an initial or refresher training course
			 for the discipline for which accreditation is requested and that is approved by
			 the U.S. EPA or an EPA-approved state at the time the course is taken to comply
			 with the requirements of
			 15 U.S.C.
			 2646 (Section 206 of the Toxic Substances
			 Control Act (TSCA)).
(14)
			 "Management plan" means a document submitted or maintained by a local education
			 agency (LEA) to satisfy the requirements of
			 40 C.F.R. 763.93
			 and 401 KAR 58:010.
(15)
			 "Management planner" means a person who develops management plans. A management
			 planner can also perform the duties of an inspector.
(16) "Proof of training" means a document
			 issued by a training course provider to a course attendee pursuant to Unit I.D.
			 of the Kentucky Asbestos Accreditation Program (KAAP).
(17) "State" means a state, the District of
			 Columbia, the Commonwealth of Puerto Rico, Guam, American Samoa, the Northern
			 Marianas, the Trust Territory of the Pacific Islands, and the Virgin
			 Islands.