He-P 5000 Asbestos Mngt

CHAPTER He-P 5000 ASBESTOS MANAGEMENT RULES

Statutory Authority: RSA 141-E:4, I

He-P 5001.01 Purpose.

(a) The purpose of the rules in this chapter is to protect public health by ensuring that asbestos is handled 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 of environmental services pursuant to RSA 141-E and RSA 149-M; and

(2) Federal regulations established by:

a. OSHA in 29 CFR 1910 and 29 CFR 1926; and

b. U.S. EPA in 40 CFR 61 and 40 CFR 763.

Source. #4269, eff 6-24-87; ss by #4951, eff 10-11-90, EXPIRED: 10-11-96

New. #6557, eff 8-15-97 (formerly He-P 5010); ss by #7326, INTERIM, eff 7-28-00, EXPIRED: 1-24-01

New. #7467, eff 3-23-01

He-P 5001.02 Scope. Pursuant to RSA 141-E, the rules in this chapter shall include but are not limited to:

(a) Training, licensure, and certification requirements and procedures applicable to persons that engage in:

(1) Asbestos abatement activities, as defined by RSA 141-E:2, II;

(2) School asbestos abatement planning activities, as defined by RSA 141-E:2, VIII; and

(3) Activities involving the disturbance of asbestos at asbestos disposal sites (ADS), as defined by RSA 141-E:2, III;

(b) Safe worker practices to protect the health of asbestos abatement workers who are not subject to protection under the Occupational Safety and Health Act of 1970, 29 U.S.C. Sec. 651 et seq.; and

Source. #7326, INTERIM, eff 7-28-00, EXPIRED: 1-24-01

New. #7467, eff 3-23-01

PART He-P 5002 DEFINITIONS

He-P 5002.01 Definitions.

(a) "AHERA" means the Asbestos Hazard Emergency Response Act, Public Law 99-519, promulgated by congress on October 22, 1986.

(b) "Amended water" means water to which a chemical wetting agent has been added to improve penetration.

(c) "Approved training provider" means a training provider who offers asbestos abatement training courses that have been approved by the United States Environmental Protection Agency, a state accreditation program which itself is accredited by the U.S. EPA, or by the New Hampshire department of health and human services.

(d) "Asbestos" means "asbestos" as defined in RSA 141-E:2, I.

(e) "Asbestos abatement" means "asbestos abatement" as defined in RSA 141-E:2, II.

(f) "Asbestos abatement entity" means any contractor, or other business concern as well as any governmental, religious or social organization or union having one or more than one employee or members involved in any major or minor asbestos abatement project.

(g) "Asbestos abatement project designer" means a person who is certified pursuant to RSA 141-E:11 to conduct, plan, design, and develop procedures for asbestos abatement projects, or other substantive direction or criteria for asbestos abatement projects.

(h) "Asbestos abatement supervisor" means any person who is certified to direct and control the asbestos abatement work of a certified asbestos abatement worker.

(i) "Asbestos abatement worker" means any person who is certified to perform asbestos abatement work as an employee.

(j) "Asbestos inspector" means a person who is certified pursuant to RSA 141-E:11 to identify and assess the condition of the asbestos containing material (ACM).

(k) "Asbestos management planner" means a person who is certified pursuant to RSA 141-E:11 to assess the health hazard posed by the asbestos containing material, determine the appropriate response action, and develop a schedule for implementing response.

(l) "Authorized representative" means employees of the department of health and human services or the department of environmental services, town health officers, or city health officers, or others as designated by the Commissioner.

(m) "Building owner" means the person in whom legal or beneficial title to the premises is vested.

(n) "Commissioner" means the commissioner of the department of health and human services.

(o) "Contractor" means "contractor" as defined in RSA 141-E:2, IV.

(p) "Crumb" means a particle large enough to be readily separately visible, and itself is reducible to loose powder or loose fibers by hand pressure.

(q) "Department" means "department" as defined in RSA 141-E:2, V.

(r) "Emergency asbestos project" means "emergency asbestos project" as defined in Env-A 101.

(s) "EPA AHERA regulations" means the regulations as adopted by the U.S. Environmental Protection Agency in 40 CFR Part 763 Subpart E.

(t) "EPA approved training course" means any training course that has received EPA approval, as published in the Federal Register for the purposes of providing training to fulfill any license or certificate requirement under these rules.

(u) "Facility" means any institutional, commercial, public, private or industrial structure, installation or building.

(v) "Friable asbestos material" means "friable asbestos material" as defined in RSA 141-E:2, VI.

(w) "Friable material" means any material 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.

(x) "HEPA filtration" means high efficiency particulate air filtration capable of filtering particles of a diameter of 0.3 microns or greater with 99.97% efficiency.

(y) "Loose" means subject to movement by or in air, such as powder or fibers which can easily be blown or shaken from the hand.

(z) "Major asbestos abatement project" means the abatement of more than 10 linear feet of friable asbestos material on pipes or ducts or 25 square feet of friable asbestos material on structures other than pipes and ducts.

(aa) "Maintenance person" or "maintenance" means each worker or person who engages in a work activity including building maintenance, electrical, plumbing, carpentry, masonry, custodial, and heating services, and whose primary occupation is not asbestos abatement.

(ab) "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.

(ac) "Minor asbestos abatement project" means the abatement of the falling, dislodging, disturbance, or damage of less than or equal to 10 linear feet of friable asbestos material on pipes or ducts or 25 square feet of friable asbestos material on structures other than pipes and ducts.

(ad) "Model accreditation plan (MAP) " means the plan as adopted by the U.S. Environmental Protection Agency in 40 CFR Part 763, Subpart E, appendix C.

(ae) "NIOSH" means the National Institute of Occupational Safety and Health.

(af) "OSHA" means the Occupational Safety and Health Administration.

(ag) "Powder" means a substance composed of particles so fine as not to readily be separately seen.

(ah) "Private dwelling" means any residence as defined in RSA 21:6-a and which is occupied by the owner.

(ai) "Rental dwelling" means any residence as defined in RSA 21:6-a and which is occupied by person or persons other than the owner.

(aj) "Responsible person" means each individual who has ownership of a license holder or who has managerial, supervisory, or substantial decision-making authority and responsibility for the activities of a license holder, or any combination thereof, including:

(1) For a corporation, all officers and directors, and either all shareholders, if a privately held corporation, or all shareholders holding 10 % or more of the corporation's debt or equity, if a publicly traded corporation, and all management and supervisory personnel;

(2) For a partnership, all partners, whether general or limited, and all management and supervisory personnel;

(3) For an association or other organization, all principals, members and participants, as applicable, and all management and supervisory personnel; and

(4) For a municipality or other political subdivision of the state, the individuals elected or appointed to oversee or manage the prudential affairs of the political subdivision, and the managers and supervisors of the department(s) that will perform work under the authority of the license.

(ak) "School" means any private or public day or residential school that provides elementary, and secondary education, including day care centers.

(al) "U.S. EPA" means the United States Environmental Protection Agency.

Source. #4269, eff 6-24-87; ss by #4951, eff 10-11-90, EXPIRED: 10-11-96

New. #6557, eff 8-15-97 (formerly He-P 5010); amd by #7326, INTERIM, eff 7-28-00, EXPIRES: 1-24-01; amd by #7467, eff 3-23-01

PART He-P 5003 PROCEDURES FOR AGENCY COMPLIANCE INSPECTIONS OF BUILDINGS

He-P 5003.01 Applicability. These rules shall apply to all inspections conducted pursuant to RSA 141-E:8.

Source. #4269, eff 6-24-87; ss and moved by #4951, eff 10-11-90, EXPIRED: 10-11-96

New. #6557, eff 8-15-97 (formerly He-P 5011)

He-P 5003.02 Inspection Procedures.

(a) Upon the request of the commissioner, in accordance with RSA 141-E:8, building owners or managers shall review building records for references to asbestos materials used in construction or repairs. This information shall be provided in writing to the commissioner.

(b) The commissioner shall examine the building for the presence of friable asbestos material. Suspect material shall be touched or rubbed to determine friability.

(c) An authorized representative shall collect three bulk samples from suspect material which is found to be friable. These samples shall be analyzed by an asbestos analysis service which meets the criteria set forth under He-P 5004.

Source. #4269, eff 6-24-87; ss by #4951, eff 10-11-90, EXPIRED: 10-11-96

New. #6557, eff 8-15-97 (formerly He-P 5011)

He-P 5003.03 Determination of Damage or Deterioration. Friable asbestos material shall be considered deteriorated or damaged if:

(a) The material has pulled away from the underlying surface;

(b) Evidence of physical damage exists, such as the presence of gouges or cuts in the material or the presence of debris; or

Source. #4269, eff 6-24-87; ss by #4951, eff 10-11-90, EXPIRED: 10-11-96

New. #6557, eff 8-15-97 (formerly He-P 5011)

He-P 5003.04 Determination of the Potential for Significant Human Exposure. Upon inspection the department of health and human services shall find that there is a potential for significant human exposure under RSA 141-E:8 if:

(a) There is an increase in the proximity of friable asbestos material to an air plenum or direct air stream;

(b) There is an increase in the visibility and accessibility of friable asbestos material to building occupants and maintenance personnel; or

(c) An increase or change in the degree of activity increases the risk the friable asbestos material will be released into the air, including air movement, vibration, installing new machinery, and moving of building occupants.

Source. #4269, eff 6-24-87; ss by #4951, eff 10-11-90, EXPIRED: 10-11-96

New. #6557, eff 8-15-97 (formerly He-P 5011)

He-P 5003.05 Air Monitoring. The department shall collect air samples as part of the building inspection process. Such samples shall be analyzed in accordance with He-P 5004. The department shall provide a copy of the analytical results to the building owner, manager, or to other interested parties upon written request.

Source. #4269, eff 6-24-87; ss by #4951, eff 10-11-90, EXPIRED: 10-11-96

New. #6557, eff 8-15-97 (formerly He-P 5011)

He-P 5003.06 Compliance Monitoring Fees.

(a) Whenever the commissioner collects and analyzes samples in order to evaluate compliance with RSA 141-E:7 or with RSA 141-E:8, he shall charge a fee for the collection and sample analysis. Such fees shall be assessed against the building owner, manager, or contractor.

(b) The schedule of fees for sample analyses shall be as follows:

(1) Bulk samples shall be $75 per sample analyzed by polarized light microscopy; and

(2) Air samples shall be $25 per sample when analyzed by phase contrast microscopy, and $250 per sample when analyzed by transmission electron microscopy.

(c) The commissioner shall charge a fee of $50 for the inspection of private dwellings. Costs for sampling and testing for asbestos shall be in addition to the $50 fee and shall be as set forth under He-P 5003.06(b).

Source. #4951, eff 10-11-90, EXPIRED: 10-11-96

New. #6557, eff 8-15-97 (formerly He-P 5011)

PART He-P 5004 ASBESTOS ANALYTICAL REQUIREMENTS

He-P 5004.01 Applicability. This part shall apply to the analysis of asbestos samples obtained pursuant to He-P 5003.

Source. #4951, eff 10-11-90, EXPIRED: 10-11-96

New. #6557, eff 8-15-97 (formerly He-P 5012)

He-P 5004.02 Demonstration of Analytical Proficiency. The following criteria shall apply to the analysis of asbestos:

(a) For air sampling proficiency standards, the laboratory analysis of air samples shall be performed by either:

(1) A laboratory presently accredited by the American Industrial Hygiene Association for Asbestos;

(2) An analyst presently listed in the American Industrial Hygiene Association Asbestos Analysis Registry; or

(3) A person who has successfully completed the National Institute for Occupational Safety and Health (NIOSH) Course #582 "Sampling and Evaluating Airborne Asbestos" and whose laboratory presently shows evidence of a proficient rating in the American Industrial Hygiene Association Proficiency Analytical Testing Program also known as the PAT Program;

(b) For bulk sampling proficiency standards, the laboratory shall show evidence of a current proficiency rating in the National Volunteer Laboratory Accreditation Program (NVLAP), such as being listed in the most recent copy of the Federal Register containing the U.S. EPA's Accredited Laboratories AHERA list for Accredited Polarized Light Microscopy Laboratories; and

(c) The analysis of bulk samples shall be performed by, or under the supervision of an analyst who has successfully completed an approved course of training in the techniques and procedures for identification of asbestos in bulk samples such as the McCrone Institute Bulk Analysis course.

Source. #4951, eff 10-11-90, EXPIRED: 10-11-96

New. #6557, eff 8-15-97 (formerly He-P 5012)

He-P 5004.03 Analytical Techniques.

(a) Air samples shall be submitted for analysis to a laboratory that uses phase contrast microscopy for the analysis of air samples for asbestos content unless accredited by the National Institute of Standards and Technology (NIST) for transmission electron microscopy, in which case, said laboratory may analyze air samples via transmission electron microscopy.

(b) Analytical procedures for phase contrast microscopy shall be in accordance with NIOSH Method 7400 entitled "Fibers" published in the NIOSH Manual of Analytical Methods, 3rd Edition, Second Supplement, August 1987. Air volumes sampled shall be sufficient to accurately determine, to a 95 percent probability, fiber concentrations of 0.01 fibers/cubic centimeters of air (f/cc).

(c) Analytical procedures for transmission electron microscopy shall be as stated in 40 CFR Part 763 Appendix A to Subpart E, Mandatory and Non-Mandatory or, as defined and accepted by the National Institute of Standards and Technology for transmission electron microscopy accreditation.

(d) Analytical procedures for polarized light microscopy shall be as stated in 40 CFR Part 763 Appendix A to Subpart F, "Interim Method of the Determination of Asbestos in Bulk Insulation Samples" or, as defined and accepted by the National Institute of Standards and Technology for polarized light microscopy accreditation.

Source. #4951, eff 10-11-90, EXPIRED: 10-11-96

New. #6557, eff 8-15-97 (formerly He-P 5012)

PART He-P 5005 ASBESTOS TRAINING COURSE REQUIREMENTS FOR ASBESTOS ABATEMENT AND SCHOOL ASBESTOS ABATEMENT PLANNING

He-P 5005.01 Training Approval. All training courses which are used to fulfill licensure and certification requirements for asbestos abatement and school asbestos abatement planning shall have been approved by:

(a) The U.S. Environmental Protection Agency;

(b) An U.S. Environmental Protection Agency approved state accreditation program; or

Source. #4951, eff 10-11-90, EXPIRED: 10-11-96

New. #6557, eff 8-15-97 (formerly He-P 5013); amd by #7467, eff 3-23-01

He-P 5005.02 Approved Training Courses. Training courses and refresher training courses shall be approved by the department, provided that:

(a) Training courses shall be conducted by an approved training provider;

(b) Training courses shall meet the following criteria:

(1) Courses of instruction required for certification shall be specific for each of the disciplines and meet the requirements set forth in the model accreditation plan;

(2) The topics or subjects of instruction shall be presented through a combination of lectures, demonstrations, and field trips or hands-on practice;

(3) Courses requiring hands-on training shall:

a. Be presented in an environment suitable to permit participants to have actual experience performing tasks associated with asbestos abatement;

b. Not be replaced by demonstrations not involving individual participant participation; and

c. Maintain a student to instructor ratio of not greater than ten to one;

(4) Training courses may be segmented subject to the following restrictions:

a. The total hours required by AHERA must be completed within a two week time frame;

b. Attendees shall not be required to sit through more than eight hours of actual training in a single 24 hour period; and

c. Evening instructions shall not exceed a maximum of four hours in any single session;

(5) Training courses for asbestos outlined in the model accreditation plan, shall utilize no less than two qualified instructors to provide training for each discipline with the exception that, one instructor may conduct courses for asbestos abatement workers provided that the instructor is both field experienced and qualified;

(6) Training courses for asbestos abatement contractors and supervisors shall meet those requirements as set forth in the model accreditation plan (MAP);

(7) Successful completion of the course for asbestos abatement contractors and supervisors shall be demonstrated by achieving a score of at least 70% on a written examination consisting of 100 multiple choice questions;

(8) Training courses for asbestos abatement workers shall meet those requirements as set forth in the MAP;

(9) Successful completion of the course for asbestos abatement workers shall be demonstrated by achieving a score of at least 70% on a written examination consisting of 50 multiple choice questions;

(10) Training courses for asbestos inspectors shall meet those requirements as set forth in the MAP;

(11) Successful completion of the course for asbestos abatement inspectors shall be demonstrated by achieving a score of at least 70% on a written examination consisting of 50 multiple choice questions;

(12) Training courses for asbestos management planners shall meet those requirements as set forth in the MAP;

(13) Successful completion of the course for management planners shall be demonstrated by achieving a score of at least 70% on a written examination consisting of 50 multiple choice questions;

(14) Training courses for asbestos abatement project designers shall meet those requirements as set forth in the MAP; and

(15) Successful completion of the course for asbestos abatement project designer shall be demonstrated by achieving a score of at least 70% on a written examination consisting of 100 multiple choice questions; and

(c) Refresher training courses shall meet those requirements as set forth in the MAP. Each refresher course shall be specific to only one AHERA discipline. Successful completion of the course shall be demonstrated by achieving a score of at least 70% on a written examination consisting of 25 multiple choice questions.

Source. #4951, eff 10-11-90, EXPIRED: 10-11-96

New. #6557, eff 8-15-97 (formerly He-P 5013)

He-P 5005.03 Approval Criteria for Training Providers. Individuals or groups who wish to obtain department approval as training providers shall:

(a) Make written application to the department on prescribed forms which contain:

(1) The name, address and telephone number of the applicant and a list of all names under which the applicant conducts or intends to conduct training;

(2) A list of each asbestos training course which the applicant intends to offer including both initial and refresher training courses;

(3) A list of all states and federal agencies which have certified, accredited, or given other forms of approval to the applicant to provide asbestos training, including the name, address and telephone number of the person, department, or agency giving such approval, and copies of all such written approvals;

(4) An outline for each training course which the applicant intends to offer which shows topics covered and the amount of time to be given to each topic;

(5) A copy of the applicant's manual for each training course which the applicant seeks to be approved to conduct, and all printed material to be distributed in each course;

(6) A description of the teaching methods to be employed, including a description of audio-visual aids to be used;

(7) A description of the hands-on facility to be utilized, including protocol for instruction, number of students to be accommodated, and the number of instructors;

(8) A description of the equipment that will be used in both classroom lectures and in hands-on training;

(9) A list of the names and qualifications of the persons who will provide the training in each course including their education, training, and experience;

(10) An example of the written examination to be given in each course;

(11) A copy of the certificate of completion to be given to successful course participants;

(12) A list of any outstanding state or federal enforcement actions pending against the applicant with regard to asbestos abatement work; and

(13) A statement by a responsible person that the applicant shall:

a. Have read and understood the New Hampshire asbestos management rules;

b. Certify that the application was prepared in conformity with the rules for asbestos control; and

c. Certify that all information contained, including any supplements attached, is true and correct to the best of their knowledge and belief;

(b) Issue uniquely numbered certificates to all students who successfully complete initial and refresher courses;

(1) Name and date of birth of the student;

(2) The course completed;

(3) The dates of the course and the examination;

(4) The name, address, and telephone number of the training provider;

(5) A statement that the student has completed the requisite training for asbestos accreditation under TSCA Title II;

(6) An expiration date that is one year from the date on which the student is issued said certificate; and

(7) The address of the location the course was given;

(d) Comply with the record keeping requirements for training providers as set forth in the MAP;

(e) Retain records of the following:

(1) The title of each initial and refresher course taught;

(2) The date(s) on which the course was provided; and

(3) The name, address, and date of birth of each student who successfully completed the course;

(f) Notify the department, in writing within 30 days after, of any changes in course content, training aids used, facility utilized or other matters which would alter the instruction from that described in the application. Minor changes in agenda, such as guest speakers, if otherwise qualified, and course schedule shall be excepted;

(g) Distribute and use as part of the course content any information or training aids furnished by the department which reflect changes in federal regulations or state rules;

(h) Permit a representative of the department to audit courses and review examinations without cost to the department;

(i) Provide written notification to the department at least 5 working days prior to providing any asbestos training courses;

(j) Make written notification to include:

(1) Name of training provider;

(2) Course(s) to be given; and

(3) Location and dates of course(s); and

(k) Make the records retained in accordance with He-P 5005.03 available to the department upon request.

Source. #4951, eff 10-11-90, EXPIRED: 10-11-96

New. #6557, eff 8-15-97 (formerly He-P 5013)

He-P 5005.04 Application Approval or Denial. Applications shall be processed in accordance with the provisions of RSA 541-A:29. Applications that do not include the information required in He-P 5005.02 and He-P 5005.03 or contain false or fraudulent information shall be denied. Notice of denial shall include a specific list of reasons for denial and shall be sent to the applicant by certified mail. The applicant shall have the right to appeal the decision and shall file such appeal following the procedures set forth in He-P 5007.02.

Source. #4951, eff 10-11-90, EXPIRED: 10-11-96

New. #6557, eff 8-15-97 (formerly He-P 5013)

He-P 5005.05 Approval Renewal.

(a) Training provider approval shall be effective for a period of one year.

(b) The department shall renew approval as a training provider annually, provided the training provider:

(1) Submits a completed application for renewal, no later than thirty days prior to the expiration date of the current approval, including:

a. Information as set forth in He-P 5005.03(a)(1), (2), (9), (12), and (13), without reference to previously submitted material;

b. Information as set forth in He-P 5005.03(a)(3), (4), (5), (6), (7), (8), (10), and (11), which has changed from the original application; and

c. Information as set forth in He-P 5005.03(a) for any new training courses the applicant wishes to be approved to provide that were not applied for in the original application;

(2) Has attached any additional information and documentation required by these rules. Such information shall include a list of the type of asbestos training courses offered in the past year with the number of students that successfully completed the courses; and

(3) Has applied for renewal no later than 3 years after the expiration date of the previous approval. Any applications received from former approved training providers, whose approval has expired more than three years prior to the date of the renewal application, will not be accepted and shall submit new applications pursuant to He-P 5005.03.

Source. #4951, eff 10-11-90, EXPIRED: 10-11-96

New. #6557, eff 8-15-97 (formerly He-P 5013)

He-P 5005.06 Revocation, or Refusal to Renew Approval as a Training Provider.

(a) The department criteria for revocation, or refusal to renew a training provider approval shall be:

(1) That the training course provider is not conducting training that meets the requirements of He-P 5005.02 or He-P 5005.03; or

(2) Failure of the training provider to comply with He-P 5005.03(b), (c), (d), (e), or (f).

(b) Approved training providers shall be advised by the department in writing of the intent to revoke, or refuse to renew approval and the reasons therefor.

(c) Approval holders may appeal the decision and shall file such appeal following the procedures set forth in He-P 5007.02.

Source. #4951, eff 10-11-90, EXPIRED: 10-11-96

New. #6369, EMERGENCY, eff 11-12-96, (formerly He-P 5013), EXPIRED: 3-12-97

New. #6557, eff 8-15-97

PART He-P 5006 SAFE WORKER PRACTICES

He-P 5006.01 Applicability.

(a) The requirements of this part shall apply to all persons who are not subject to the requirements of the Occupational Health and Safety Act of 1970, 29 U.S.C. Sec. 651 et seq.

(b) As used in this part, the term asbestos abatement shall apply to asbestos abatement activities as defined in RSA 141-E:2,II, school asbestos abatement planning as defined in RSA 141-E:2,VIII, and the disturbance of asbestos at asbestos disposal sites, as defined by RSA 141-E:2,III.

Source. #4269, eff 6-24-87; ss by #4951, eff 10-11-90, EXPIRED: 10-11-96

New. #6557, eff 8-15-97 (formerly He-P 5015); ss by #7467, eff 3-23-01

He-P 5006.02 Respiratory Protection. Contractors shall submit a respiratory protection program written in accordance with the requirements of 29 CFR 1910.134(b), (d), (e), and (f). Contractors shall make a copy of this program available to workers upon request.

Source. #4269, eff 6-24-87; ss by #4951, eff 10-11-90, EXPIRED: 10-11-96

New. #6557, eff 8-15-97 (formerly He-P 5015)

He-P 5006.03 Respirators.

(a) Contractors shall select respirators in accordance with the following:

(1) The model, type or brand of respirators used in asbestos abatement work shall have been tested and approved by NIOSH for use in asbestos contaminated atmospheres; and

(2) Respirators shall be selected that meet or exceed the level of protection specified in 29 CFR 1926.1101(h).

(b) The following shall apply to the fitting of respirators:

(1) Workers shall be given the opportunity to choose a respirator which provides a proper and comfortable fit;

(2) Workers shall be provided training so as to be able to perform positive and negative pressure respirator fit tests;

(3) Each worker shall be fitted with a respirator using the procedures contained in 29 CFR 1926.1101, Appendix C. The respirator shall be deemed to fit properly if the worker passes a respirator fit test contained in 29 CFR 1926.1101, Appendix C; and

(4) Respirator fit testing shall be conducted by an owner, manager, or contractor licensed by the department, or by an industrial hygienist certified by American Board of Industrial Hygienists.

(1) No owner, manager, contractor or worker shall enter an abatement area without the level of respiratory protection specified in He-P 5006.03(a)(2) for the level of exposure found in the abatement area; and

(2) No owner, manager, contractor, worker or person with beards or other physical characteristics which can interfere with the respirator-to-face seal shall enter an abatement area unless equipped with other respiratory protective gear as approved pursuant to 29 CFR 1926.1101(h).

Source. #4269, eff 6-24-87; ss by #4951, eff 10-11-90, EXPIRED: 10-11-96

New. #6557, eff 8-15-97 (formerly He-P 5015)

He-P 5006.04 Protective Clothing. Contractors shall provide workers with personal protective equipment and clothing as specified in 29 CFR 1926.1101(i).

Source. #4269, eff 6-24-87; ss by #4951, eff 10-11-90, EXPIRED: 10-11-96

New. #6557, eff 8-15-97 (formerly He-P 5015)

He-P 5006.05 Medical Surveillance. Contractors shall provide workers conducting abatement activities with medical monitoring as specified in 29 CFR 1926.1101(m).

Source. #4269, eff 6-24-87; ss by #4951, eff 10-11-90, EXPIRED: 10-11-96

New. #6557, eff 8-15-97 (formerly He-P 5015)

He-P 5006.06 Air Monitoring. Contractors shall conduct representative air monitoring for worker protection during abatement activities as specified in 29 CFR 1926.1101(f) and in accordance with the following:

(a) Make records of air monitoring results available for review at the worksite for the duration of the abatement project and include:

(1) The location where the sample was collected;

(2) The date and time when the sample was collected;

(3) The sampling rate and length of time sampled;

(4) The method of samples analysis; and

(5) The results of the analysis; and

(b) Records of air monitoring results shall be maintained in accordance with Env-A 1804.04.

Source. #4269, eff 6-24-87; ss by #4951, eff 10-11-90, EXPIRED: 10-11-96

New. #6557, eff 8-15-97 (formerly He-P 5015)

He-P 5006.07 Personal Hygiene Requirements. Contractors shall provide hygiene facilities and follow those hygiene practices specified in 29 CFR 1926.1101(j).

Source. #4269, eff 6-24-87; ss by #4951, eff 10-11-90, EXPIRED: 10-11-96

New. #6557, eff 8-15-97 (formerly He-P 5015)

He-P 5006.08 Hazard Communication. Contractors shall comply with the requirements of 29 CFR 1926.1101(k) regarding hazard communication.

Source. #4269, eff 6-24-87; ss by #4951, eff 10-11-90, EXPIRED: 10-11-96

New. #6557, eff 8-15-97 (formerly He-P 5015)

PART He-P 5007 INSPECTION AND ENFORCEMENT

He-P 5007.01 Issuance of Notices of Violation, Notice of Administrative Fines, Orders of Abatement, and Orders for Corrective Action.

(a) A report listing the violations found during the inspection shall be prepared by the inspector and shall be kept on file by the department. A copy of the report shall be provided to the owner, manager, contractor, or worker upon written request.

(b) The department shall notify by certified mail the owner, manager, contractor, worker, or person, of any noncompliance with these rules and of proposed fines, if any.

(c) When the commissioner issues an order under RSA 141-E:14 concerning violations of RSA 141-E:7 or RSA 141-E:8 that order shall become effective upon receipt.

(d) If upon inspection the commissioner determines that Pursuant to He-P 5003.03, damage or deterioration of friable asbestos material has occurred, or that pursuant to He-P 5003.04, a potential for significant human exposure exists, or that pursuant to He-P 5003.05, airborne asbestos fiber counts exceed 0.01 fibers/cc for non-occupational exposures or 0.1 fibers/cc for occupational exposures, he shall order the building owner or manager to abate the health risks.

(e) The commissioner shall order closure of affected areas in accordance with RSA 141-E:7, when the building owner or manager fails to abate the health risk. The commissioner shall choose the least burdensome methods of achieving the necessary level of abatement by taking into account local circumstances, building occupancy and use patterns, and the short-and long-term costs associated with the abatement method. Abatement measures shall be considered satisfactory if, after abatement, airborne fiber

counts do not exceed 0.01 fibers/cc for non-occupational exposures and 0.1 fibers/cc for occupational exposures when measured in accordance with He-P 5004.03.

Source. #4269, eff 6-24-87; ss by #4951, eff 10-11-90, EXPIRED: 10-11-96

New. #6557, eff 8-15-97 (formerly He-P 5017)

He-P 5007.02 Appeals Procedure.

(a) Within 10 working days of the date of receipt of the department's decision to deny the initial application, suspend or revoke a license or certificate, or the issuance of an order or notice of violation, or notice of administrative fine, the applicant, licensee, certificate holder, or persons named in the notice or order may appeal the department's determination and request a hearing.

(b) The request shall be in writing and signed by the applicant, licensee, certificate holder, or by the persons named in the order or notice.

(d) If the applicant, licensee, certificate holder, or persons named in the notice or order does not request an adjudicative hearing within 10 days of receipt of the department's order or notice of violation, and/or notice of administrative fines, the decision of the commissioner to the applicant, licensee, certificate holder, or person named in the notice or order shall be final.

Source. #4269, eff 6-24-87; ss by #4951, eff 10-11-90, EXPIRED: 10-11-96

New. #6557, eff 8-15-97 (formerly He-P 5017)

PART He-P 5008 LICENSING AND CERTIFICATION, ASBESTOS ABATEMENT AND SCHOOL ASBESTOS ABATEMENT PLANNING

He-P 5008.01 Applicability.

(a) Pursuant to RSA 141-E:10 and RSA 141-E:11, the rules in this part shall apply to any contractor, employer or individual that engages in any asbestos abatement or school asbestos abatement planning activities.

(b) As per the EPA AHERA regulations: Individuals who intend to conduct asbestos inspections of schools, or provide services as an asbestos management planner or project designer to schools, shall apply to the department for certification as either an asbestos inspector, asbestos management planner, or as an asbestos project designer.

Source. #4269, eff 6-24-87; ss by #4951, eff 10-11-90, EXPIRED: 10-11-96

New. #6557, eff 8-15-97 (formerly He-P 5018); amd by #7326, INTERIM, eff 7-28-00, EXPIRES: 1-24-01; amd by #7467, eff 3-23-01

He-P 5008.02 Exemptions.

(a) The owner of a single family private residence who is personally performing asbestos abatement within the confines of his private residence shall be exempt from He-P 5000;

(b) Any person or entity, other than maintenance personnel, who performs only minor asbestos abatement projects as defined in He-P 5002.01(ac) and Env-A 101 shall be exempt from He-P 5008.09 and He-P 5008.10 provided that such person or entity complies with Env-A 1800 and holds a valid asbestos abatement certificate issued pursuant to He-P 5008.11 or He-P 5008.10;

(c) Any person or entity working only as an asbestos inspector, asbestos management planner, asbestos abatement project designer, or a combination of these, shall be exempt from the licensing requirements of He-P 5008.09 provided these services shall not be provided to schools; and

(d) Maintenance personnel shall be exempt from licensing and certification requirements for asbestos abatement site supervisors and workers provided that:

(1) These employees are performing only operations, maintenance, and repair activities that are:

a. Of small-scale, short-duration as defined in 40 CFR 763, subpart E; and

b. Limited to less than or equal to 3 linear feet of asbestos surface on pipes or ducts, or 3 square feet of asbestos containing building material on surface structures other than pipes or ducts;

(2) Maintenance personnel who work in buildings that contain asbestos containing building material shall receive 16 hours of initial training as described in 40 CFR Subpart E 763.92(a)(1) and (2); and

(3) Maintenance personnel subject to He-P 5008.02(d) shall receive 4 hours of refresher training one time every 2 years. Refresher courses shall include changes in federal and state regulations, developments in state-of-the-art procedures, and a review of key aspects of the initial training course.

Source. #4269, eff 6-24-87; ss by #4951, eff 10-11-90, EXPIRED: 10-11-96

New. #6557, eff 8-15-97 (formerly He-P 5018); amd by #7467, eff 3-23-01

He-P 5008.03 Reciprocity.

(a) Asbestos abatement site supervisors, workers, inspectors, management planners, and project designers granted certification by other states, or the U.S. EPA, shall be granted reciprocity by the state of New Hampshire in accordance with RSA 141-E:11 and providing that the certification requirements of said state are substantially equivalent to the provisions of He-P 5000 for the individual discipline certification being applied for.

(b) The reciprocity applicant shall apply in accordance with the procedures outlined in He-P 5008.04 and shall fulfill the individual requirements as specified for the individual discipline certification for which application is being made.

Source. #4269, eff 6-24-87; ss by #4951, eff 10-11-90, EXPIRED: 10-11-96

New. #6557, eff 8-15-97 (formerly He-P 5018)

He-P 5008.04 General Application Procedures. The following procedures shall be followed when applying for licenses or certificates:

(a) All application forms for asbestos abatement licenses or certificates shall be obtained from the department;

(b) All applicants shall supply the following information on the application:

(1) Name, address, telephone number, and date of birth of the applicant;

(2) Name, address, and telephone number of the principle place of business and/or employment of the applicant;

(3) A list of any outstanding state or federal enforcement actions pending against the applicant with regard to asbestos abatement work;

(4) A statement by a responsible person that the applicant shall:

a. Have read and understood the New Hampshire asbestos management rules;

b. Certify that the application was prepared in conformity with the New Hampshire administrative rules for asbestos control; and

c. Certify that all information contained, including any supplements attached, is true and correct to the best of their knowledge and belief; and

(5) Two clear, unmutilated, and unstapled 1 1/2 inch by one inch color photographs of the applicant. The name of the applicant shall be legibly printed on the back of each photograph;

(c) Combination applications shall be allowed for asbestos inspector, asbestos management planner, and project designer provided that the applicant fulfills the application requirements for each discipline being applied for and applies for the certifications at the same time. Any applications received separately from the same applicant shall be treated as separate applications;

(d) An appropriate application fee as set forth in He-P 5008.06 of these rules shall accompany the application form. Bank checks, certified checks, company checks, and money orders shall be made out to "Treasurer, State of New Hampshire";

(e) An application shall be considered incomplete when:

(1) The information or documentation required by these rules is incomplete or not included; or

(2) The required fee has not been included with the application as received by the department;

(f) Department action on the application shall be in accordance with RSA 541-A:29;

(g) The applicant shall provide training course documentation accompanying a license or certificate application which shall show training to be current at the time of application by submission of a copy of the dated training certificate to the department;

(h) Requests for a replacement or duplicate certificate shall be granted for lost or stolen certificates provided such requests are:

(1) In writing;

(2) Signed by the certificate holder;

(3) Accompanied by two photographs as referenced in He-P 5008.04(b)(5); and

(4) Accompanied by the appropriate application fee as set forth in He-P 5008.06(b)(8); and

(i) Found certificates shall be returned to the department.

Source. #4951, eff 10-11-90, EXPIRED: 10-11-96

New. #6557, eff 8-15-97 (formerly He-P 5018)

He-P 5008.05 General Renewal Application Procedures.

(a) All renewal forms for licenses or certificates issued under these rules shall be obtained from the department and shall contain the information required in He-P 5008.04, and He-P 5008.09, He-P 5008.10, He-P 5008.11, He-P 5008.12, He-P 5008.13, or He-P 5008.14.

(b) Applications for renewal shall not be accepted for former license or certificate holders whose licenses or certificates expired more than three years prior to the date of the renewal application. Such former license or certificate holders shall submit new applications pursuant to He-P 5008.04.

(c) Renewal applications for combination certifications shall be allowed provided the renewal application reflects the same number and type of certificates originally applied for. Applicants applying for any changes in the number or type of certificates being applied for shall submit new applications pursuant to He-P 5008.04.

(d) Applications for renewal shall be accepted for renewal no earlier than 60 days before expiration of the current license or certificate.

(e) An appropriate application fee as set forth in He-P 5008.06 of these rules shall accompany the application form. Bank checks, certified checks, company checks, and money orders shall be made out to "Treasurer, State of New Hampshire".

(f) A renewal application shall be considered incomplete when:

(1) The information or documentation required in He-P 5008.04, and He-P 5008.09, He-P 5008.10, He-P 5008.11, He-P 5008.12, He-P 5008.13, or He-P 5008.14 is lacking or not included; or

(2) The required fee has not been included with the application.

(g) Department action on the renewal application shall be in accordance with RSA 541-A:29.

(h) Annual refresher course documentation accompanying a license or certificate application shall be current at the time of renewal of said application.

Source. #4951, eff 10-11-90, EXPIRED: 10-11-96

New. #6557, eff 8-15-97 (formerly He-P 5018)

He-P 5008.06 Fee Structure.

(a) An application fee in the form of a bank check, certified check, company check, cash or money order shall accompany each license or certificate application.

(b) The fee structure for each category of license and certificate application shall be as follows:

(1) An asbestos abatement entity shall be charged a $1000.00 initial licensing fee and $500.00 for each annual license renewal;

(2) An asbestos abatement site supervisor shall be charged a $200.00 initial certification fee and $150.00 for each annual certificate renewal;

(3) An asbestos abatement worker shall be charged a $50.00 initial certification fee and $40.00 for each annual certification renewal;

(4) An asbestos inspector shall be charged a $100.00 initial certification fee and $75.00 for each annual certification renewal;

(5) An asbestos management planner shall be charged a $100.00 initial certification fee and $75.00 for each annual certification renewal;

(6) An asbestos project designer shall be charged a $100.00 initial certification fee and $75.00 fee for each annual certification renewal;

(7) Combination certifications shall be charged $100.00 for the first certification and $50.00 for each additional certification on the same application. Fees for renewing identical applications shall be charged $75.00 for the first certification and $50.00 for each additional certification; and

(8) The charge for a duplicate certification for replacement of a lost or stolen certificate, shall be $15.00.

Source. #4951, eff 10-11-90, EXPIRED: 10-11-96

New. #6557, eff 8-15-97 (formerly He-P 5018)

He-P 5008.07 License and Certificate Denial, and Revocation.

(a) Denial of asbestos abatement licenses or certificates shall be in accordance with RSA 541-A:29. Notice of denial shall be sent to the applicant by certified mail.

(b) The department shall deny a license or certificate upon:

(1) The applicant's official record including sections for violations of health and safety provisions in the laws or regulations of any state's, or the federal government which pose a threat to workers or the public;

(2) The applicant's submission of false or fraudulent information on an application;

(3) The applicant's failure to submit the required information or documentation with the application; or

(4) The applicant's inability to comply with any applicable federal or state standard for asbestos projects.

(c) The department shall revoke an asbestos abatement license or certificate in accordance with RSA 541-A:30, II, and III, for violations of these rules, or any other state or federal statutes or rules pertaining to asbestos.

(d) Applicants shall have the right to appeal the decision for denial, proposed revocation or refusal to renew said license or certificate. The applicant shall file the appeal following the procedures set forth under He-P 5007.02.

Source. #4951, eff 10-11-90, EXPIRED: 10-11-96

New. #6557, eff 8-15-97 (formerly He-P 5018)

He-P 5008.08 Expiration. All licenses and certificates shall expire one year from the date in which the license or certificate was issued unless revoked prior to the expiration date.

Source. #4951, eff 10-11-90, EXPIRED: 10-11-96

New. #6557, eff 8-15-97 (formerly He-P 5018)

He-P 5008.09 Entity License Requirements.

(a) No asbestos abatement entity shall engage in any asbestos abatement project unless it is licensed to do so by the department or unless it qualifies for an exemption as set forth in He-P 5008.02.

(b) In order to be licensed, an asbestos abatement entity shall:

(1) Apply in accordance with He-P 5008.04 of these regulations;

(2) Include a list of the names and addresses of the responsible person(s) of the applicant, and all management persons having primary responsibility for, and control over the asbestos work of the applicant;

(3) Include a list of all names, acronyms, or other identifiers by which the applicant is, or has been known, or under which the applicant does or has done business;

(4) Include a list of NH certified asbestos abatement site supervisors in its employ at the time of application; and

(5) Include documentation of attendance and completion, by a responsible person, of an approved training course for asbestos abatement contractors and supervisors as outlined in He-P 5005.02(b)(6) and He-P 5005.02(b)(7).

(1) Have a current copy of these rules available at the asbestos abatement worksite;

(2) Have all business and personnel records of all asbestos abatement projects which are performed by the entity maintained and retained for 30 years;

(3) Notify the department within 30 days after of any change in whom the entity employs as NH certified asbestos abatement site supervisors;

(4) Have an asbestos abatement site supervisor who has been properly trained and certified in accordance with He-P 5008.10 of these rules remain present on-site whenever any asbestos abatement activity is being carried out as part of an asbestos abatement project;

(5) Require all employees engaged in asbestos abatement activities have been properly trained and certified in accordance with these rules, and if requested by the department the entity shall submit documentation of all employee training;

(6) Have a respiratory protection program for non-OSHA regulated work implemented in accordance with He-P 5006.02, and if requested shall submit a copy of this written respiratory protection program;

(7) Implement an air monitoring program for non-OSHA regulated work in accordance with He-P 5006.06, during asbestos abatement projects for employees who may be exposed to airborne asbestos fibers, and if requested submit a written description of this program;

(8) Notify the department within 30 days after of any change in the list of the names and addresses of the responsible person(s) of the applicant; and

(9) Maintain an accurate listing of names of individuals entering and exiting an established asbestos abatement containment area.

(d) The department shall renew an asbestos license annually provided:

(1) The current license holder applies in accordance with He-P 5008.05 of these rules; and

(2) The current license holder provides the following:

a. An updated list of NH certified asbestos abatement supervisors in its employ;

b. A list of projects by the company within the last twelve months stating date of project, name of project owner, contact person, telephone number, and project site supervisor(s); and

c. Documentation of attendance and completion, by a responsible person, of an annual refresher course for asbestos abatement contractors and supervisors as outlined in He-P 5005.02(c).

Source. #4951, eff 10-11-90, EXPIRED: 10-11-96

New. #6557, eff 8-15-97 (formerly He-P 5018)

He-P 5008.10 Asbestos Abatement Site Supervisor Certificate Requirements.

(a) Except as exempted by He-P 5008.02, no individual shall engage in any on-site supervision of asbestos abatement workers during an asbestos abatement project without first being certified as an asbestos site supervisor.

(b) In order to be certified as an asbestos abatement supervisor, the individual shall:

(1) Apply for a certificate in accordance with He-P 5008.04;

(2) Provide documentation of at least 12 months of asbestos abatement work experience;

(3) Provide documentation of attendance and completion of an approved training course for asbestos abatement contractors and supervisors as outlined in He-P 5005.02(b)(6) and He-P 5005.02(b)(7); and

(4) Provide documentation of attainment of a score of 70% or greater on the required written examination.

(1) The current certificate holder applies in accordance with He-P 5008.05; and

(2) The current certificate holder provides the following:

a. Documentation of attendance and completion of an approved asbestos abatement site supervisor annual review course as outlined in He-P 5005.02(c); and

b. A list of projects supervised by the applicant within the last twelve months stating date of project, name of project owner, contact person, and telephone number.

Source. #4951, eff 10-11-90, EXPIRED: 10-11-96

New. #6557, eff 8-15-97 (formerly He-P 5018)

He-P 5008.11 Asbestos Abatement Worker Certificate Requirements.

(a) Except as exempted by He-P 5008.02, no individual shall perform as an asbestos abatement worker without first being certified as an asbestos abatement worker under these rules.

(b) Any individual seeking certification as an asbestos abatement worker shall:

(1) Apply for a certificate in accordance with Section He-P 5008.04;

(2) Provide documentation of attendance and completion of an approved training course for asbestos abatement workers as outlined in He-P 5005.02(b)(8) and He-P 5005.02(b)(9); and

(3) Provide documentation of attainment of a score of 70% or greater on the required written examination.

(1) The current certificate holder applies in accordance with He-P 5008.05; and

(2) The current certificate holder provides documentation of attendance and completion of an approved asbestos abatement worker annual review course as outlined in He-P 5005.02(c).

Source. #4951, eff 10-11-90, EXPIRED: 10-11-96

New. #6557, eff 8-15-97 (formerly He-P 5018)

He-P 5008.12 Asbestos Inspector Certificate Requirements

(a) No individual shall perform any asbestos inspections of schools, as defined by AHERA, without first being certified as an asbestos inspector.

(b) Any individual seeking certification as an asbestos inspector shall:

(1) Apply for a certificate in accordance with He-P 5008.04;

(2) Provide documentation of attendance and completion of an initial approved training course for asbestos inspectors as outlined in He-P 5005.02(b)(10) and He-P 5005.02(b)(11);

(3) Provide documentation of attainment of a score of 70% or greater on the required written examination; and

(4) Provide documentation demonstrating applicant has a minimum of 6 months experience in a comparable occupation or 2 months field experience under the supervision of a certified asbestos inspector or management planner.

(1) The current certificate holder applies in accordance with He-P 5008.05; and

(2) The current certificate holder provides documentation of attendance and completion of an approved asbestos abatement inspector review training course as outlined in He-P 5005.02(c).

Source. #4951, eff 10-11-90, EXPIRED: 10-11-96

New. #6557, eff 8-15-97 (formerly He-P 5018)

He-P 5008.13 Asbestos Management Planner Requirements.

(a) No individual shall function as an asbestos management planner for schools without first being certified as an asbestos management planner.

(b) Any individual seeking certification as an asbestos management planner shall:

(1) Apply for a certificate in accordance with He-P 5008.04;

(2) Provide documentation of attendance and completion of an approved management planning training course as outlined in He-P 5005.02(b)(12) and He-P 5005.02(b)(13);

(3) Provide documentation of passing the course with a score of 70% or greater on the written examination;

(4) Provide documentation demonstrating applicant has a minimum of an associate degree or certificate of completion in:

a. Project planning;

b. Management;

c. Environmental sciences;

d. Engineering;

e. Construction;

f. Architecture;

h. Industrial hygiene;

i. Occupational health, or

j. Related scientific field; and

(5) Provide documentation demonstrating applicant has a minimum of 6 months experience in asbestos abatement fields including experience in asbestos management or a combination of education and experience equivalent to the above.

(1) The current certificate holder applies in accordance with He-P 5008.05; and

(2) The current certificate holder provides:

a. Documentation of attendance and completion of an approved asbestos management planner annual review training course as outlined in He-P 5005.02(c); and

b. Documentation of passing the course with a score of 70% or greater on the written examination.

Source. #4951, eff 10-11-90, EXPIRED: 10-11-96

New. #6557, eff 8-15-97 (formerly He-P 5018)

He-P 5008.14 Asbestos Project Designer Requirements.

(a) No individual shall function as an asbestos project designer for schools without first being certified as an asbestos project designer.

(b) Any individual seeking certification as an asbestos project designer shall:

(1) Apply for a certificate in accordance with He-P 5008.04;

(2) Provide documentation of attendance and completion of an approved abatement project designer course as outlined in He-P 5005.02(b)(14) and He-P 5005.02(b)(15);

(3) Provide documentation of passing the course with a score of 70% or greater on the written examination; and

(4) Provide documentation demonstrating the applicant has:

a. At least 12 months experience in asbestos abatement fields and has a bachelor's degree in industrial hygiene, occupational health, environmental science, biological or physical science;

b. At least 12 months experience in asbestos abatement fields and is a registered architect or registered engineer; or

c. At least 2 years employment experience in asbestos abatement fields including experience in asbestos abatement design.

(1) The current certificate holder applies in accordance with He-P 5008.05; and

(2) The current certificate holder provides:

a. Documentation of attendance and completion of an approved abatement project designer annual review training course as outlined in He-P 5005.02(c); and

b. Documentation of passing the course with a score of 70% or greater on the written examination.

Source. #4951, eff 10-11-90, EXPIRED: 10-11-96

New. #6557, eff 8-15-97 (formerly He-P 5018)

PART He-P 5009 ADMINISTRATIVE FINES

He-P 5009.01 Notice.

(a) Notice of the administrative fine shall be sent to the owner, manager, contractor, worker, or person(s) named in the notice in accordance with He-P 5007.01.

(b) The notice shall include:

(1) A statement of the violation(s);

(2) The fine for the violation(s) pursuant to He-P 5009.03; and

(3) The person(s) rights and options pursuant He-P 5007.02 and He-P 5009.02.

Source. #4269, eff 6-24-87, EXPIRED: 10-11-96

New. #6557, eff 8-15-97 (formerly He-P 5019)

He-P 5009.02 Payment of Fines.

(a) A person may waive the right of appeal of the notice of fine and pay the fine within 10 working days of the date of receipt of the notice of the proposed fine.

(b) In all other cases, fines shall be paid within 10 working days of the date of the decision as a result of a hearing, if the fine is upheld.

(c) Payment shall be made by bank check, certified check, company check, cash, or money order made payable to "Treasurer, State of New Hampshire".

Source. #6557, eff 8-15-97 (formerly He-P 5019)

He-P 5009.03 Schedule of Fines.

(a) Fines for violations of the provisions of RSA 141-E and He-P 5000 shall be imposed pursuant to the provisions of RSA 141-E:16 and He-P 5009.

(b) Administrative fines shall be levied by the commissioner for the amount specified in the following instances:

(1) For willful submission of false or fraudulent information on or with an application, the fine shall be $100.00;

(2) For falsification of any license required by this chapter, the fine shall be $2,000.00;

(3) For falsification of a NH asbestos abatement supervisor certification, the fine shall be $250.00;

(4) For falsification of any worker certification required by this chapter, the fine shall be $150.00;

(5) For falsification of a NH asbestos inspector, asbestos management planner, and/or asbestos project designer certificate, or any combination thereof, the fine shall be $250.00 for each certification;

(6) For failure to have the valid license or a copy of the valid license available for inspection at the worksite, the fine shall be $100.00;

(7) For failure to have valid certificate(s) or a copy of valid certificate(s) available for inspection at the worksite, the fine shall be $100.00;

(8) For failure to have a current copy of He-P 5000 available at the worksite, the fine shall be $100.00;

(9) For failure of a business or entity to keep all business and personnel records in accordance with this chapter, the fine shall be $100.00;

(10) For failure to notify the department within 30 days of any changes in whom the entity employs as NH certified supervisors, the fine shall be $100.00;

(11) For failure to provide written notification to the department in accordance with this chapter, the fine shall be $100.00;

(12) For failure to accurately record the names of individuals entering and exiting an established asbestos abatement containment area, the fine shall be $100.00;

(13) For falsification of NH approval of asbestos training courses by a training provider, the fine shall be $250.00;

(14) For the first repeat violation the fine shall be double the amount assessed for the original violation;

(15) For the second repeat violation the fine shall be triple the amount assessed for the original violation, though not to exceed $2000.00;

(16) For all subsequent repeat violations the fine shall be of $2000.00;

(17) For performing work without a required worker certificate as specified by this chapter, the fine shall be $150.00;

(18) For engaging in on-site supervision of asbestos abatement workers during an asbestos abatement project without first being certified as an asbestos abatement supervisor the fine shall be $250.00;

(19) For performing asbestos inspections of schools, as defined by AHERA, without first being certified as an asbestos inspector the fine shall be $250.00;

(20) For performing as an asbestos management planner for schools without first being certified as an asbestos management planner the fine shall be $250.00;

(21) For performing as an asbestos project designer for schools without first being certified as an asbestos project designer, the fine shall be $250.00;

(22) For failure to obtain a license as required by this chapter, the fine shall be $1,000.00; and

(23) For failure to comply with any other condition(s) of a license as required by this chapter, the fine shall be $1,000.00 per condition.

Source. #6557, eff 8-15-97 (formerly He-P 5019); amd by #7467, eff 3-23-01

PART He-P 5010 WAIVERS

He-P 5010.01 Applicability. The rules in this part shall apply to any entity or individual seeking a waiver to a requirement for licensure or certification in He-P 5008, He-P 5011, He-P 5012, or He-P 5013.

Source. #7326, INTERIM, eff 7-28-00, EXPIRED: 1-24-01

New. #7467, eff 3-23-01

He-P 5010.02 Waiver Requests.

(a) All requests for waiver shall be submitted to the department, in writing and in duplicate.

(b) Each request for waiver shall include the following information:

(1) Applicant identification, as follows:

a. If the applicant is an individual, the individual's:

1. Name;

2. Mailing address;

3. Principal place of business;

4. Telephone number; and

5. Date of birth;

b. If the applicant is a corporation, the:

1. Corporation name;

2. State of incorporation;

3. Address of its principal place of business; and

4. For its responsible persons, their:

(i) Names;

(ii) Titles;

(iii) Dates of birth; and

(iv) Addresses;

c. If the applicant is a partnership, the:

1. Partnership name;

2. State of formation;

3. Address of its principal place of business; and

4. For its responsible persons, their:

(i) Names;

(ii) Titles;

(iii) Dates of birth; and

(iv) Addresses;

d. If the applicant is any other kind of association or organization, the:

1. Association or organization name;

2. State of formation;

3. Address of its principal place of business; and

4. For its responsible persons, their:

(i) Names;

(ii) Titles;

(iii) Dates of birth; and

(iv) Addresses;

e. If the applicant is a political subdivision or other public entity, the:

1. Political subdivision name;

2. Mailing address; and

3. For its responsible persons, their:

(i) Names;

(ii) Titles;

(iii) Dates of birth; and

(iv) Addresses;

(2) Name, address, and telephone number of the principal place of business and employment of the applicant;

(3) Identification of the specific rule(s) from which the applicant is seeking a waiver;

(4) The period of time during which the applicant wishes the waiver to be effective;

(5) Description of the specific project(s) to which the waiver is intended to apply or a statement that the requested waiver is intended to apply without regard to a specific project(s);

(6) A full explanation of why the waiver is necessary, including an explanation of the hardship that would be caused by having to comply with the rule;

(7) A full explanation, with supporting data, of the alternative(s), if any, that the applicant proposes to use in lieu of complying with the rule;

(8) A full explanation of how each of the alternatives proposed pursuant to (7) above, are consistent with the purpose and intent of RSA 141-E and He-P 5000, and are otherwise adequate to protect public health, safety and the environment; and

(9) A list of all state and federal enforcement actions, both past and pending, against the applicant, including responsible persons, with regard to environmental, health or safety activities, and the current status of each such enforcement action.

Source. #7326, INTERIM, eff 7-28-00, EXPIRED: 1-24-01

New. #7467, eff 3-23-01

He-P 5010.03 Review and Decision.

(a) Waiver requests shall be reviewed by the department in accordance with RSA 541-A:29.

(b) Following review of a complete request, the department, in consultation with the department of environmental services, shall either:

(1) Approve the requested waiver if the department finds that, under the terms and conditions of the requested waiver:

a. The purpose and intent of RSA 141-E and He-P 5000 will be met, and

b. Public health, safety and the environment will be protected; or

(2) Deny the requested waiver if the department finds that:

a. The terms and conditions of the requested waiver contravene any purpose or intent of RSA 141-E or He-P 5000, or otherwise fail to protect the public health, safety, or environment;

b. The terms and conditions of the requested waiver are contrary to a state or federal requirement for management and control of asbestos, including but not limited to the requirements identified in He-P 5001.01(b);

c. The applicant has submitted incomplete information in the request for waiver and has not corrected the omission despite notification pursuant to RSA 541-A:29,I;

d. The applicant has submitted material information in the request for waiver that is false or misleading; or

e. The applicant, including its responsible persons, has a performance history including violations of any state or federal environmental, health, or safety requirement that relates to the type of work for which licensure is sought, that causes the department to conclude that the applicant will not be able to comply with these rules.

(d) A notice of denial shall state clearly the reasons for denial.

(e) A notice of approval shall include the terms and conditions under which the waiver is granted, including the effective date and expiration date.

(f) In no case shall the waiver of any licensure or certification requirement in He-P 5008, He-P 5011, He-P 5012, or He-P 5013 be construed to mean there is no obligation to comply with other federal, state, and local requirements for asbestos management and control, including, but not limited to the requirements identified in He-P 5001.01(b).

Source. #7326, INTERIM, eff 7-28-00, EXPIRED: 1-24-01

New. #7467, eff 3-23-01

PART He-P 5011 LICENSING , ASBESTOS DISPOSAL SITE CONTRACTORS

He-P 5011.01 Purpose. The purpose of the rules in this part is to implement the provisions in RSA 141-E:10 that require contractors, employers, including self-employed individuals, and other individuals that disturb asbestos at asbestos disposal sites to be licensed.

Source. #7326, INTERIM, eff 7-28-00, EXPIRED: 1-24-01

New. #7467, eff 3-23-01

He-P 5011.02 Applicability. Except as specified in He-P 5011.03, any contractor, employer or individual that disturbs asbestos at an asbestos disposal site shall hold a valid license issued pursuant to this part.

Source. #7326, INTERIM, eff 7-28-00, EXPIRED: 1-24-01

New. #7467, eff 3-23-01

He-P 5011.03 Exemptions. The following individuals that disturb asbestos at asbestos disposal sites shall not be required to hold a license issued pursuant to this part:

(a) Individuals identified in RSA 141-E:10,I(a), namely individuals certified pursuant to He-P 5012 who perform the work for a contractor, employer or other individual holding a valid license issued pursuant to this part; and

(b) Owners of single-family owner occupied properties who, on said property only, personally perform the work, subject to the following conditions:

(1) The owner shall be trained and certified pursuant to He-P 5012; and

(2) The work shall be done in a manner that precludes the release of asbestos fibers and in accordance with other federal, state, and local requirements, including the requirements identified in He-P 5001.01(b);

(c) Entities and individuals undertaking a small-scale, short duration disturbance of asbestos at an asbestos disposal site, subject to the following conditions:

(1) The entity or individual shall not be under license suspension or revocation pursuant to these rules;

(2) The quantity of material disturbed shall not exceed one cubic foot;

(3) The area of disturbance shall not exceed 3 square feet;

(4) The work shall be completed within 2 hours of being initiated;

(5) The entity or the individual shall assure that the local health officer is notified before the work commences and that the local health officer, the department, and department of environmental services are provided access to the work site for inspection;

(6) The work shall be done in a manner that precludes the release of asbestos fibers and in accordance with other federal, state, and local requirements, including the requirements identified in He-P 5001.01(b); and

(7) The work shall not be part of a larger project that is being segmented into small scale, short duration tasks; and

(d) Entities and individuals removing non-friable asbestos only from the ground surface to a container for disposal, subject to the following conditions:

(1) The activity shall not involve excavation below the ground surface;

(2) The activity shall not involve contact with friable asbestos or asbestos that exhibits friable characteristics; and

(3) The work shall be done in a manner that precludes the release of asbestos fibers and in accordance with other federal, state, and local requirements, including the requirements identified in He-P 5001.01(b).

Source. #7326, INTERIM, eff 7-28-00, EXPIRED: 1-24-01

New. #7467, eff 3-23-01

He-P 5011.04 Applications for Licensure.

(a) Entities and individuals seeking a license to disturb asbestos at an asbestos disposal site shall submit an application in writing to the department, prepared on a form provided by the department.

(b) The application shall include the following:

(1) Applicant identification, as follows:

a. If the applicant is an individual, the individual's:

1. Name;

2. Mailing address;

3. Principal place of business;

4. Telephone number; and

5. Date of birth;

b. If the applicant is a corporation, the:

1. Corporation name;

2. State of incorporation;

3. Address of its principal place of business; and

4. For its responsible persons, their:

(i) Names;

(ii) Titles;

(iii) Dates of birth; and

(iv) Addresses;

c. If the applicant is a partnership, the:

1. Partnership name;

2. State of formation;

3. Address of its principal place of business; and

4. For its responsible persons, their:

(i) Names;

(ii) Titles;

(iii) Dates of birth,; and

(iv) Addresses;

d. If the applicant is any other kind of association or organization, the:

1. Association or organization name;

2. State of formation;

3. Address of its principal place of business; and

4. For its responsible persons, their:

(i) Names;

(ii) Titles;

(iii) Dates of birth; and

(iv) Addresses;

e. If the applicant is a political subdivision or other public entity, the:

1. Political subdivision name;

2. Mailing address; and

3. For its responsible persons, their:

(i) Names;

(ii) Titles;

(iii) Dates of birth; and

(iv) Addresses;

(2) The name, title, mailing address, and telephone number of the individual affiliated with and designated by the applicant to be contacted regarding the application;

(3) The name of each responsible person who fulfills the licensing requirement specified in He-P 5011.08(b), plus the following additional information about each such person:

a. Title and principal duties;

b. Mailing address;

c. Telephone number;

d. Date of birth; and

e. Current certificate number;

(4) Identification of all licenses, both past and present, issued to the applicant pursuant to either He-P 5008 or He-P 5011;

(5) A list of all state or federal enforcement actions, both past and pending, against the applicant, including its responsible persons, with regard to environmental, health or safety activities, and the current status of each such enforcement action;

(6) A list of all individuals currently employed or otherwise associated with the applicant who, under the authority of the applicant's license, if issued, will perform work relating to the disturbance of asbestos at asbestos disposal sites, including the following information about each person:

a. Name;

b. Date of birth;

c. Position title;

d. Business mailing address;

e. Business telephone number;

f. If the individual is certified pursuant to He-P 5012, the certificate number and expiration date;

g. If the individual is not certified pursuant to He-P 5012, the date application for certification was or will be made, and the date training in accordance with He-P 5013 was or will be obtained; and

h. Whether the person meets the requirements of either a competent person in 29 CFR 1926.1101, or an on-site supervisor in 29 CFR 1910.120, or both.

(c) The application shall be dated and signed under the penalties of RSA 641:3 by the applicant and each responsible person who fulfills the licensing requirement specified in He-P 5011.08(b).

(d) Each application for licensure shall be submitted to the department with a fee of $250, payable to the treasurer of the state of New Hampshire.

Source. #7326, INTERIM, eff 7-28-00, EXPIRED: 1-24-01

New. #7467, eff 3-23-01

He-P 5011.05 Review and Decision.

(a) Applications shall be reviewed by the department in accordance with RSA 541-A:29.

(b) The department shall deny an application for licensure if the applicant:

(1) Submits incomplete information in the application, and has not corrected the omission despite notification pursuant to RSA 541-A:29,I;

(2) Submits material information in the application that is false or misleading;

(3) Does not meet the general requirements for licensure specified in He-P 5011.08;

(4) Is currently under a license or certificate suspension or revocation pursuant to this chapter;

(5) Has failed to pay an administrative fine levied pursuant to RSA 141-E:16; or

(6) Has a performance history, including violations by the applicant or its responsible persons of any state or federal environmental, health, or safety requirement that relates to the type of work for which licensure is sought, that causes the department to conclude that the applicant will not be able to comply with these rules.

(1) Be issued in writing for the type of work the applicant is qualified to perform;

(2) Be dated and signed by the commissioner or the commissioner's designee;

(3) Be valid for a period of 12 months from the date of issuance;

(4) Include the name and address of the applicant;

(5) Include such terms and conditions as necessary to protect public health, safety, and the environment;

(6) Bear a unique identification number; and

(7) Be non-transferable.

(d) Issuance of a license shall not eliminate any obligation of the license holder, including its responsible persons, to comply with other federal, state, or local requirements, including any other obligation for obtaining licenses, permits, training, or other approvals for the work to be performed.

Source. #7326, INTERIM, eff 7-28-00, EXPIRED: 1-24-01

New. #7467, eff 3-23-01

He-P 5011.06 License Suspension and Revocation.

(a) Revocation or suspension of a license issued pursuant to this part shall proceed in accordance with RSA 541-A:30;

(b) The department shall revoke a license if there is:

(1) Good cause, as provided by (d) below; and

(2) No opportunity or circumstance by which the license holder can correct or eliminate the underlying problem.

(1) Good cause, as provided by (d) below; and

(2) Given time to do so, the license holder can correct or eliminate the underlying problem.

(d) The following shall constitute good cause to suspend or revoke a license:

(1) The license holder obtained the license based on false or misleading material information;

(2) The license holder has knowingly violated the safe work practices prescribed in state and federal asbestos regulations;

(3) The license holder has failed to comply with an order of abatement issued pursuant to RSA 141-E:14;

(4) The license holder has failed to pay an administrative fine levied pursuant to RSA 141-E:16; or

(5) The license holder has failed to comply with these rules or the terms and conditions of the license; or

(6) The license holder has a performance history, including violations by the applicant or its responsible persons of any state or federal environmental, health, or safety requirement that relates to the type of work for which licensure is sought, that causes the department to conclude that the applicant will not be able to comply with these rules.

Source. #7326, INTERIM, eff 7-28-00, EXPIRED: 1-24-01

New. #7467, eff 3-23-01

He-P 5011.07 License Renewal.

(a) To renew an expiring license, the license holder shall file an application for license renewal that includes:

(1) All application information required in He-P 5011.04(b);

(2) The license number and issue date of the applicant's expiring or expired license; and

(3) A list of asbestos disposal site projects conducted by the license holder since the date the expiring license was issued, including the:

a. Site location;

b. Name of the property owner;

c. Project start date;

d. Project status;

e. Project contact person and telephone number; and

f. Project site supervisor.

(b) Applications to renew an expiring license shall be dated and signed under the penalties of RSA 641:3 by the applicant and each responsible person fulfilling the licensing requirement specified in He-P 5011.08(b).

(c) Applications to renew an expiring license shall be submitted to the department with a fee of $250, payable to the treasurer of the state of New Hampshire.

(d) Applications to renew an expiring license shall be submitted to the department no less than 45 days and no more than 60 days prior to the license expiration date.

(e) Applications to renew an expiring license shall be processed in accordance with He-P 5011.05.

(f) An expiring license that is under suspension shall not be renewed before all terms and conditions of the suspension are fully satisfied.

Source. #7467, eff 3-23-01

He-P 5011.08 General Requirements for Licensure.

(a) License holders shall be registered and in good standing to do business in New Hampshire, as required by the secretary of state.

(b) License holders shall have at least one responsible person who is actively involved with decisions regarding the license and related matters, and is certified pursuant to He-P 5012.

(1) The work is actively supervised at all times by at least one individual who is certified as an experienced worker pursuant to He-P 5012 and meets the requirements of either a competent person in 29 CFR 1926.1101 or an on-site supervisor in 29 CFR 1910.120, or both;

(2) The work is performed by individuals who hold a valid certificate issued pursuant He-P 5012 and are competent to perform the work;

(3) At the work site, the number of workers who are certified as workers-in-training pursuant to He-P 5012 does not exceed the number of workers who are certified as experienced workers pursuant to He-P 5012;

(4) The license or a certified copy thereof is posted at a conspicuous location at the work site where site conditions do not require personal protective equipment to be worn by those present;

(5) The certificates, or copies thereof, of all workers present at the work site are available for inspection by the department, the department of environmental services, and the local health officer at a conspicuous location at the work site where site conditions do not require personal protective equipment to be worn by those present; and

(6) A current copy of these rules is available for reference by workers at a conspicuous location at the work site where site conditions do not require personal protective equipment to be worn by those present.

(d) License holders shall maintain business and personnel records in conformance with federal requirements, including but not limited to:

(1) 29 CFR 1926.1101(n);

(2) 29 CFR 1910.1001(m); and

(3) 29 CFR 1910.1020.

Source. #7467, eff 3-23-01

PART He-P 5012 CERTIFICATION, ASBESTOS DISPOSAL SITE WORKERS

He-P 5012.01 Purpose. The purpose of the rules in this part is to implement the provisions in RSA 141-E:11 that require individuals who disturb asbestos at asbestos disposal sites to be trained and certified.

Source. #4269, eff 6-24-87; ss by #4951, eff 10-11-90, EXPIRED: 10-11-96

New. #6369, EMERGENCY, eff 11-12-96, EXPIRED:
3-12-97

New. #7467, eff 3-23-01

He-P 5012.02 Applicability. Except as specified in He-P 5012.03, any individual who disturbs asbestos at asbestos disposal sites shall hold a valid certificate issued pursuant to this part.

Source. #4269, eff 6-24-87; ss by #4951, eff 10-11-90, EXPIRED: 10-11-96

New. #6369, EMERGENCY, eff 11-12-96, EXPIRED:
3-12-97

New. #7467, eff 3-23-01

He-P 5012.03 Exemptions.

(a) An individual shall not be required to hold a valid certificate issued pursuant to this part in order to undertake a small-scale, short duration disturbance of asbestos at an asbestos disposal site, subject to the following conditions:

(1) The individual shall not be under license or certificate suspension or revocation pursuant to these rules.

(2) The quantity of material disturbed shall not exceed one cubic foot;

(3) The area of disturbance shall not exceed 3 square feet;

(4) The work shall be completed within 2 hours of being initiated;

(5) The individual performing the work shall assure that the local health officer is notified before the work commences and that the local health officer, the department, and department of environmental services are provided access to the work site for inspection;

(6) The work shall be done in a manner that precludes the release of asbestos fibers and in accordance with other federal, state, and local requirements, including those identified in He-P 5001.01(b); and

(7) The work shall not be part of a larger project that is being segmented into small scale, short duration tasks.

(b) An individual shall not be required to hold a valid certificate issued pursuant to this part in order to remove non-friable asbestos only from the ground surface to a container for disposal, subject to the following conditions:

(1) The activity shall not involve excavation below the ground surface;

(2) The activity shall not involve contact with friable asbestos or asbestos that exhibits friable characteristics; and

(3) The work shall be done in a manner that precludes the release of asbestos fibers and in accordance with other federal, state, and local requirements, including those identified in He-P 5001.01(b).

Source. #4269, eff 6-24-87; ss by #4951, eff 10-11-90, EXPIRED: 10-11-96

New. #6369, EMERGENCY, eff 11-12-96, EXPIRED:
3-12-97

New. #7467, eff 3-23-01

He-P 5012.04 Application for Certification. The following provisions shall apply to individuals seeking certification for the first time, individuals seeking re-certification more than one year after their most recent certificate has expired, and individuals seeking re-certification after their most recent certificate has been revoked:

(a) Individuals seeking certification to disturb asbestos at an asbestos disposal site shall submit an application in writing to the department, prepared on a form provided by the department.

(b) The application shall include the following:

(1) Name, mailing address, telephone number, and date of birth of the applicant;

(2) Name, address, and telephone number of each entity or individual licensed, or to be licensed, pursuant to He-P 5011 with whom the applicant is currently employed or otherwise associated for the performance of work involving the disturbance of asbestos at asbestos disposal sites;

(3) A list of all state or federal enforcement actions, both past and pending, against the applicant with regard to environmental, health or safety activities, and the current status of each such enforcement action;

(4) Identification of all certifications and licenses, both past and present, issued to the applicant pursuant to either He-P 5008, He-P 5011, or He-P 5012, and the current status of each;

(5) Whether the applicant is seeking certification as an experienced worker or a worker-in-training, based on the criteria provided in He-P 5012.08(b);

(6) One 2 inch by 2 inch, current, clear, non-mutilated, and unstapled color photograph of the applicant's face, with the name of the applicant legibly printed on the back side; and

(7) Written documentation showing that the applicant meets the certification requirements specified in He-P 5012.08, including:

a. A record, signed by the training provider(s) under the penalties of RSA 641:3, showing that the applicant attended and completed basic training in accordance with He-P 5013;

b. A statement by the applicant attesting that he/she has read and comprehends all information as required by He-P 5012.08(a)(2);

c. A test score report issued by the department showing the date and results of an examination taken by the applicant in accordance with He-P 5013.03(c); and

d. A work experience record, signed under the penalties of RSA 641:3 by the work supervisor(s), documenting the number of hours the applicant has engaged successfully in the disturbance of asbestos at asbestos disposal sites pursuant the requirements in He-P 5012.08(b).

(d) Each application for certification shall be submitted with a fee of $50, payable to the treasurer, state of New Hampshire.

Source. #7467, eff 3-23-01

He-P 5012.05 Review and Decision.

(a) Applications shall be reviewed by the department in accordance with RSA 541-A:29.

(b) The department shall deny an application if the applicant:

(1) Submits incomplete information in the application and has not corrected the omission despite notification pursuant to RSA 541-A:29,I;

(2) Submits material information in the application that is false or misleading;

(3) Does not meet the general requirements for certification specified in He-P 5012.08;

(4) Is currently under license or certificate suspension or revocation pursuant to this chapter; or

(5) Has a performance history, including violations of any state or federal environmental, health, or safety requirement that relates to the type of work for which licensure is sought, that causes the department to conclude that the applicant will not be able to comply with these rules.

(1) Be issued in writing for the type of work the applicant is qualified to perform, including whether the certificate holder is an experienced worker or a worker-in-training, based on the experience requirements provided in He-P 5012.08(b).

(2) Be dated and signed by the commissioner or the commissioner's designee;

(3) Be valid for a period of 12 months from the date of issuance;

(4) Include the name, address, date of birth, and photograph of the certificate holder;

(5) Include such terms and conditions necessary to protect public health, safety and the environment;

(6) Bear a unique identification number; and

(7) Be non-transferable.

(d) Issuance of a certificate shall not eliminate any obligation of the certificate holder to comply with other federal, state, or local requirements for the performance of the work, including any obligation to obtain additional training and certificates, licenses, permits, or other approvals.

Source. #7467, eff 3-23-01

He-P 5012.06 Suspension and Revocation.

(a) Revocation or suspension of a certificate issued pursuant to this part shall proceed in accordance with RSA 541-A:30.

(b) The department shall revoke a certificate if there is:

(1) Good cause, as provided by (d) below; and

(2) No opportunity or circumstance by which the certificate holder can correct or eliminate the underlying problem.

(1) Good cause, as provided by (d) below; and

(2) Given time to do so, the certificate holder can correct or eliminate the underlying problem.

(d) The following shall constitute good cause to suspend or revoke a certificate:

(1) The certificate holder obtained the certificate based on false or misleading information;

(2) The certificate holder cheated on the examination;

(3) The certificate holder has knowingly violated the safe work practices prescribed in state and federal asbestos regulations;

(4) The certificate holder has failed to comply with an order of abatement issued pursuant to RSA 141-E:14;

(5) The certificate holder has failed to pay an administrative fine levied pursuant to RSA 141-E:16;

(6) The certificate holder has failed to comply with these rules or the terms and conditions of the certificate; or

(7) The certificate holder has a performance history, including violations of any state or federal environmental, health or safety requirement that relates to the type of work for which licensure is sought, that causes the department to conclude that the applicant will not be able to comply with these rules.

Source. #7467, eff 3-23-01

He-P 5012.07 Certificate Renewal.

(a) To renew an expiring certificate or a certificate that has been expired for less than one year, the certificate holder shall file an application for certificate renewal that includes:

(1) All application information required in He-P 5012.04(b)(1) - (6);

(2) The certificate number and issue date of the applicant's expiring or expired certificate;

(3) A list of asbestos disposal site projects that the certificate holder worked on since the date the expiring or expired certificate was issued:

a. The site location;

b. The name of the property owner;

c. The name, address, and telephone number of the license holder for whom the certificate holder performed the work;

d. The name, address, and telephone number of the project site supervisor;

e. The date the project commenced and the date the project was completed; and

f. The nature of the work performed.

(4) A statement by the applicant attesting that he/she has satisfied the annual refresher training requirements specified in He-P 5013.05;

(5) A test score report issued by the department showing the date and results of an examination taken by the applicant in accordance with He-P 5013.03(c); and

(6) If seeking to have the certificate upgraded from a worker-in-training certificate to an experienced worker certificate, the information specified in He-P 5012.10(a)(2) - (3).

(b) Applications to renew an expiring certificate shall be dated and, under the penalties of RSA 641:3, signed by the applicant.

(d) Applications to renew an expiring certificate shall be submitted to the department no less than 45 days and no more than 60 days prior to the expiration date of the certificate.

(e) Applications to renew an expiring certificate shall be processed in accordance with He-P 5012.05.

(f) An expiring certificate that is under suspension shall not be renewed before all terms and conditions of the suspension are fully satisfied.

Source. #7467, eff 3-23-01

He-P 5012.08 General Requirements for Certification.

(a) No individual shall be granted a certificate pursuant to this part, unless the individual has:

(1) Completed training in accordance with He-P 5013;

(2) Read and comprehended all information provided in a document published by the department of environmental services in May, 2000, titled Guidance for Managing Asbestos Disposal Sites; and

(3) Scored 70 percent or better on an examination in accordance with He-P 5013.03(c).

(b) An individual shall be certified as either an experienced worker or a worker-in-training, as follows:

(1) Experienced workers shall be those individuals who have successfully performed at least 40 hours of work involving disturbance of asbestos at asbestos disposal sites according to the following:

a. For work experience accrued on or after the date that is 60 days following the effective date of this rule, the individual shall have performed the work under the supervision of an individual who is certified as an experienced worker pursuant to these rules and meets the requirements of either a competent person in 29 CFR 1926.1101 or an on-site supervisor in 29 CFR 1910.120, or both.; and

b. For work experience accrued before the date that is 60 days following the effective date of this rule, the individual shall have performed the work either:

1. As a competent person in 29 CFR 1926.1101 or an on-site supervisor in 29 CFR 1910.120, or both; or

2. Under the supervision of a competent person in 29 CFR 1926.1101 or an on-site supervisor in 29 CFR 1910.120, or both; and

(2) Workers-in-training shall be those individuals who have not yet met the experienced worker requirements specified in (1) above.

Source. #7467, eff 3-23-01

He-P 5012.09 Limitations. Individuals certified pursuant to this part shall be authorized to disturb asbestos at an asbestos disposal site only when the activities are authorized by an entity or individual licensed pursuant to He-P 5011, unless the work is license-exempt work pursuant to He-P 5011.03.

Source. #7467, eff 3-23-01

He-P 5012.10 Upgrading a Worker-in-Training Certificate.

(a) The department shall upgrade a current worker-in-training certificate to an experienced worker certificate following receipt of a written request by the certificate holder that includes the following information:

(1) The certificate holder's name, mailing address, date of birth, telephone number, and certificate number;

(2) A written record, signed under the penalties of RSA 641:3 by the individual(s) who supervised the work, documenting that the certificate holder has successfully completed at least 40 hours of work involving the disturbance of asbestos at asbestos disposal sites, as required by He-P 5012.08(b); and

(3) A statement, also signed under the penalties of RSA 641:3 by the individual(s) who supervised the work, attesting that the certificate holder is competent in the performance of his/her certificate related duties.

(b) The certificate upgrade shall be issued in writing to the applicant.

Source. #7467, eff 3-23-01

PART He-P 5013 Training requirements for Certified Asbestos Disposal Site Workers

He-P 5013.01 Purpose.

(a) The purpose of the rules in this part is to establish the scope of training required to obtain and renew a certificate pursuant to He-P 5012.

(b) Training is intended to supplement, and not replace or wholly satisfy, federal training requirements for working with asbestos, including, as applicable:

(1) 29 CFR 1926.1101;

(2) 29 CFR 1910.120; and

(3) 40 CFR 763.

Source. #4269, eff 6-24-87; ss by #4951, eff 10-11-90, EXPIRED: 10-11-96

New. #6369, EMERGENCY, eff 11-12-96, EXPIRED:
3-12-97

New. #7467, eff 3-23-01

He-P 5013.02 Applicability. The rules in this part shall apply to all individuals seeking certification pursuant He-P 5012.

Source. #4269, eff 6-24-87; ss by #4951, eff 10-11-90, EXPIRED: 10-11-96; amd by #5982, eff 2-2-95

New. #6369, EMERGENCY, eff 11-12-96, EXPIRED:
3-12-97

New. #7467, eff 3-23-01

He-P 5013.03 General Requirements.

(a) The following individuals shall be trained pursuant to the basic training program requirements in He-P 5013.04, prior to applying for a certificate pursuant to He-P 5012:

(1) Individuals not previously certified pursuant to He-P 5012;

(2) Individuals holding a certificate issued pursuant to He-P 5012 that has been expired for over one year before the date an application for renewal is submitted pursuant to He-P 5012;

(3) Individuals holding a certificate that has been revoked pursuant to He-P 5012; and

(4) Individuals wishing to obtain certification who have failed the post-training examination, as provided in He-P 5013.06, 3 consecutive times.

(b) The following individuals shall satisfy the annual refresher training requirements in He-P 5013.05, prior to applying for certificate renewal pursuant to He-P 5012:

(1) Individuals holding an expiring certificate issued pursuant to He-P 5012; and

(2) Individuals holding a certificate issued pursuant to He-P 5012 that has been expired for one year or less before the date an application for renewal is submitted pursuant to He-P 5012.

(c) After training pursuant to either (a) or (b) above is completed, and within 6 months prior to filing an application to obtain or renew certification, the trainee shall take and pass an examination as specified by He-P 5013.06.

Source. #4269, eff 6-24-87; ss by #4951, eff 10-11-90, EXPIRED: 10-11-96; amd by #5982, eff 2-2-95

New. #6369, EMERGENCY, eff 11-12-96, EXPIRED:
3-12-97

New. #7467, eff 3-23-01

He-P 5013.04 Basic Training Program.

(a) Basic training shall be obtained through a program, or combination of programs, that covers no less than the following topics through a combination of lecture, interactive presentation, and hands-on activity:

(1) Asbestos identification, specifically including the identification of asbestos at asbestos disposal sites located in New Hampshire;

(2) History, characteristics and location of asbestos disposal sites in New Hampshire;

(3) Human health effects due to asbestos exposure, including the relationship to smoking and contact information for smoking cessation;

(4) Relevant federal, state, and local regulations;

(5) Personal protective equipment;

(6) Medical monitoring; and

(7) State of the art work practices for disturbing asbestos at asbestos disposal sites, including:

a. Site characterization;

b. Site control and site security;

c. Neighborhood protection;

d. Air monitoring and asbestos fiber control;

e. Cut and fill techniques;

f. Bulk containment, transportation, and disposal of asbestos waste;

g. Decontamination procedures for personnel and equipment;

h. Site closure requirements, including and record drawings;

i. Clearance determinations;

j. Sampling techniques; and

k. Managing site emergencies; and

(8) Best management practices for maintaining closed sites and protecting public health.

(b) The basic training program shall be taught using a combination of lecture, interactive presentation, and hands-on activity.

Source. #4269, eff 6-24-87; ss by #4951, eff 10-11-90, EXPIRED: 10-11-96

New. #6369, EMERGENCY, eff 11-12-96, EXPIRED:
3-12-97

New. #7467, eff 3-23-01

He-P 5013.05 Annual Refresher Training.

(a) Annual refresher training shall be self-administered by the certificate holder.

(b) Annual refresher training shall include the following:

(1) Review of written materials and other information obtained during basic training;

(2) Review of the document published by the department of environmental services in May, 2000, titled Guidance for Managing Asbestos Disposal Sites; and

(3) Review of current and relevant federal, state, and local regulations, including these rules.

Source. #4269, eff 6-24-87; ss by #4951, eff 10-11-90, EXPIRED: 10-11-96

New. #6369, EMERGENCY, eff 11-12-96, EXPIRED:
3-12-97

New. #7467, eff 3-23-01

He-P 5013.06 Post-Training Examinations.

(a) Examinations required pursuant to this part shall be administered by the department.

(b) The department shall schedule examinations by request during regular business hours at a time convenient to both the applicant and the department.

(1) The information covered by the basic training program;

(2) The document published by the department of environmental services in May, 2000, titled Guidance for Managing Asbestos Disposal Sites; and

(3) Current and relevant federal, state and local regulations.

(d) The department shall administer the examination orally to any individual who so requests an oral examination due to a reading difficulty.

(e) A passing score on the examination shall be 70% or greater.

(f) To obtain a passing score, an individual shall be allowed to retake the required examination up to 3 times before having to re-attend basic training.

(g) The department shall report the examination score to the examinee in writing.

Source. #4269, eff 6-24-87; ss by #4951, eff 10-11-90, EXPIRED: 10-11-96

New. #6369, EMERGENCY, eff 11-12-96, EXPIRED:
3-12-97

New. #7467, eff 3-23-01

PARTS He-P 5014-5019 - RESERVED

Source. #4269, eff 6-24-87; ss by #4951, eff 10-11-90, EXPIRED: 10-11-96; rsvd by #5982, eff 2-2-95

New. #6369, EMERGENCY, eff 11-12-96, EXPIRED:
3-12-97

APPENDIX

RULE NUMBER	STATUTE IMPLEMENTED

He-P 5001	RSA 141-E
He-P 5002.01(n), (o), (q), (v) and (aj)	RSA 141-E:2
He-P 5005.01	RSA 141-E:4, I(b) and (h)
He-P 5006.01	RSA 141-E:3, I(g) and RSA 141-E:4, I(c)
He-P 5008	RSA 141-E:10-11 and RSA 141-E:4, I(g)
He-P 5009	RSA 141-E:16 and RSA 141-E:4, I(m)
He-P 5010	RSA 141-E:4, I(1)
He-P 5011	RSA 141-E:10, RSA 141-E:12, I and RSA 141-E:4, I(o)-11
He-P 5012	RSA 141-E:11, RSA 141-E:12, I and RSA 141-E:4, I(o)
He-P 5013	RSA 141-E:11 and RSA 141-E:4, I(o)