Appendix C to Subpart E of Part 763 - Asbestos Model Accreditation Plan
40:34.0.1.1.9.2.1.17.3 : Appendix C
Appendix C to Subpart E of Part 763 - Asbestos Model Accreditation
Plan I. Asbestos Model Accreditation Plan for States
The Asbestos Model Accreditation Plan (MAP) for States has eight
components:
(A) Definitions
(B) Initial Training
(C) Examinations
(D) Continuing Education
(E) Qualifications
(F) Recordkeeping Requirements for Training Providers
(G) Deaccreditation
(H) Reciprocity
(I) Electronic reporting
A. Definitions
For purposes of Appendix C:
1. “Friable asbestos-containing material (ACM)” means any
material containing more than one percent asbestos which has been
applied on ceilings, walls, structural members, piping, duct work,
or any other part of a building, which when dry, may be crumbled,
pulverized, or reduced to powder by hand pressure. The term
includes non-friable asbestos-containing material after such
previously non-friable material becomes damaged to the extent that
when dry it may be crumbled, pulverized, or reduced to powder by
hand pressure.
2. “Friable asbestos-containing building material (ACBM)” means
any friable ACM that is in or on interior structural members or
other parts of a school or public and commercial building.
3. “Inspection” means an activity undertaken in a school
building, or a public and commercial building, to determine the
presence or location, or to assess the condition of, friable or
non-friable asbestos-containing building material (ACBM) or
suspected ACBM, whether by visual or physical examination, or by
collecting samples of such material. This term includes
reinspections of friable and non-friable known or assumed ACBM
which has been previously identified. The term does not include the
following:
a. Periodic surveillance of the type described in 40 CFR
763.92(b) solely for the purpose of recording or reporting a change
in the condition of known or assumed ACBM;
b. Inspections performed by employees or agents of Federal,
State, or local government solely for the purpose of determining
compliance with applicable statutes or regulations; or
c. visual inspections of the type described in 40 CFR 763.90(i)
solely for the purpose of determining completion of response
actions.
4. “Major fiber release episode” means any uncontrolled or
unintentional disturbance of ACBM, resulting in a visible emission,
which involves the falling or dislodging of more than 3 square or
linear feet of friable ACBM.
5. “Minor fiber release episode” means any uncontrolled or
unintentional disturbance of ACBM, resulting in a visible emission,
which involves the falling or dislodging of 3 square or linear feet
or less of friable ACBM.
6. “Public and commercial building” means the interior space of
any building which is not a school building, except that the term
does not include any residential apartment building of fewer than
10 units or detached single-family homes. The term includes, but is
not limited to: industrial and office buildings, residential
apartment buildings and condominiums of 10 or more dwelling units,
government-owned buildings, colleges, museums, airports, hospitals,
churches, preschools, stores, warehouses and factories. Interior
space includes exterior hallways connecting buildings, porticos,
and mechanical systems used to condition interior space.
7. “Response action” means a method, including removal,
encapsulation, enclosure, repair, and operation and maintenance,
that protects human health and the environment from friable
ACBM.
8. “Small-scale, short-duration activities (SSSD)” are tasks
such as, but not limited to:
a. Removal of asbestos-containing insulation on pipes.
b. Removal of small quantities of asbestos-containing insulation
on beams or above ceilings.
c. Replacement of an asbestos-containing gasket on a valve.
d. Installation or removal of a small section of drywall.
e. Installation of electrical conduits through or proximate to
asbestos-containing materials.
SSSD can be further defined by the following considerations:
f. Removal of small quantities of ACM only if required in the
performance of another maintenance activity not intended as
asbestos abatement.
g. Removal of asbestos-containing thermal system insulation not
to exceed amounts greater than those which can be contained in a
single glove bag.
h. Minor repairs to damaged thermal system insulation which do
not require removal.
i. Repairs to a piece of asbestos-containing wallboard.
j. Repairs, involving encapsulation, enclosure, or removal, to
small amounts of friable ACM only if required in the performance of
emergency or routine maintenance activity and not intended solely
as asbestos abatement. Such work may not exceed amounts greater
than those which can be contained in a single prefabricated
mini-enclosure. Such an enclosure shall conform spatially and
geometrically to the localized work area, in order to perform its
intended containment function.
B. Initial Training
Training requirements for purposes of accreditation are
specified both in terms of required subjects of instruction and in
terms of length of training. Each initial training course has a
prescribed curriculum and number of days of training. One day of
training equals 8 hours, including breaks and lunch. Course
instruction must be provided by EPA or State-approved instructors.
EPA or State instructor approval shall be based upon a review of
the instructor's academic credentials and/or field experience in
asbestos abatement.
Beyond the initial training requirements, individual States may
wish to consider requiring additional days of training for purposes
of supplementing hands-on activities or for reviewing relevant
state regulations. States also may wish to consider the relative
merits of a worker apprenticeship program. Further, they might
consider more stringent minimum qualification standards for the
approval of training instructors. EPA recommends that the
enrollment in any given course be limited to 25 students so that
adequate opportunities exist for individual hands-on
experience.
States have the option to provide initial training directly or
approve other entities to offer training. The following
requirements are for the initial training of persons required to
have accreditation under TSCA Title II.
Training requirements for each of the five accredited
disciplines are outlined below. Persons in each discipline perform
a different job function and distinct role. Inspectors identify and
assess the condition of ACBM, or suspect ACBM. Management planners
use data gathered by inspectors to assess the degree of hazard
posed by ACBM in schools to determine the scope and timing of
appropriate response actions needed for schools. Project designers
determine how asbestos abatement work should be conducted. Lastly,
workers and contractor/supervisors carry out and oversee abatement
work. In addition, a recommended training curriculum is also
presented for a sixth discipline, which is not
federally-accredited, that of “Project Monitor.” Each accredited
discipline and training curriculum is separate and distinct from
the others. A person seeking accreditation in any of the five
accredited MAP disciplines cannot attend two or more courses
concurrently, but may attend such courses sequentially.
In several instances, initial training courses for a specific
discipline (e.g., workers, inspectors) require hands-on training.
For asbestos abatement contractor/supervisors and workers, hands-on
training should include working with asbestos-substitute materials,
fitting and using respirators, use of glovebags, donning protective
clothing, and constructing a decontamination unit as well as other
abatement work activities.
1. Workers
A person must be accredited as a worker to carry out any of the
following activities with respect to friable ACBM in a school or
public and commercial building: (1) A response action other than a
SSSD activity, (2) a maintenance activity that disturbs friable
ACBM other than a SSSD activity, or (3) a response action for a
major fiber release episode. All persons seeking accreditation as
asbestos abatement workers shall complete at least a 4-day training
course as outlined below. The 4-day worker training course shall
include lectures, demonstrations, at least 14 hours of hands-on
training, individual respirator fit testing, course review, and an
examination. Hands-on training must permit workers to have actual
experience performing tasks associated with asbestos abatement. A
person who is otherwise accredited as a contractor/supervisor may
perform in the role of a worker without possessing separate
accreditation as a worker.
Because of cultural diversity associated with the asbestos
workforce, EPA recommends that States adopt specific standards for
the approval of foreign language courses for abatement workers. EPA
further recommends the use of audio-visual materials to complement
lectures, where appropriate.
The training course shall adequately address the following
topics:
(a) Physical characteristics of asbestos. Identification
of asbestos, aerodynamic characteristics, typical uses, and
physical appearance, and a summary of abatement control
options.
(b) Potential health effects related to asbestos
exposure. The nature of asbestos-related diseases; routes of
exposure; dose-response relationships and the lack of a safe
exposure level; the synergistic effect between cigarette smoking
and asbestos exposure; the latency periods for asbestos-related
diseases; a discussion of the relationship of asbestos exposure to
asbestosis, lung cancer, mesothelioma, and cancers of other
organs.
(c) Employee personal protective equipment. Classes and
characteristics of respirator types; limitations of respirators;
proper selection, inspection; donning, use, maintenance, and
storage procedures for respirators; methods for field testing of
the facepiece-to-face seal (positive and negative-pressure fit
checks); qualitative and quantitative fit testing procedures;
variability between field and laboratory protection factors that
alter respiratory fit (e.g., facial hair); the components of a
proper respiratory protection program; selection and use of
personal protective clothing; use, storage, and handling of
non-disposable clothing; and regulations covering personal
protective equipment.
(d) State-of-the-art work practices. Proper work
practices for asbestos abatement activities, including descriptions
of proper construction; maintenance of barriers and decontamination
enclosure systems; positioning of warning signs; lock-out of
electrical and ventilation systems; proper working techniques for
minimizing fiber release; use of wet methods; use of negative
pressure exhaust ventilation equipment; use of high-efficiency
particulate air (HEPA) vacuums; proper clean-up and disposal
procedures; work practices for removal, encapsulation, enclosure,
and repair of ACM; emergency procedures for sudden releases;
potential exposure situations; transport and disposal procedures;
and recommended and prohibited work practices.
(e) Personal hygiene. Entry and exit procedures for the
work area; use of showers; avoidance of eating, drinking, smoking,
and chewing (gum or tobacco) in the work area; and potential
exposures, such as family exposure.
(f) Additional safety hazards. Hazards encountered during
abatement activities and how to deal with them, including
electrical hazards, heat stress, air contaminants other than
asbestos, fire and explosion hazards, scaffold and ladder hazards,
slips, trips, and falls, and confined spaces.
(g) Medical monitoring. OSHA and EPA Worker Protection
Rule requirements for physical examinations, including a pulmonary
function test, chest X-rays, and a medical history for each
employee.
(h) Air monitoring. Procedures to determine airborne
concentrations of asbestos fibers, focusing on how personal air
sampling is performed and the reasons for it.
(i) Relevant Federal, State, and local regulatory
requirements, procedures, and standards. With particular
attention directed at relevant EPA, OSHA, and State regulations
concerning asbestos abatement workers.
(j) Establishment of respiratory protection programs.
(k) Course review. A review of key aspects of the
training course.
2. Contractor/Supervisors
A person must be accredited as a contractor/supervisor to
supervise any of the following activities with respect to friable
ACBM in a school or public and commercial building: (1) A response
action other than a SSSD activity, (2) a maintenance activity that
disturbs friable ACBM other than a SSSD activity, or (3) a response
action for a major fiber release episode. All persons seeking
accreditation as asbestos abatement contractor/supervisors shall
complete at least a 5-day training course as outlined below. The
training course must include lectures, demonstrations, at least 14
hours of hands-on training, individual respirator fit testing,
course review, and a written examination. Hands-on training must
permit supervisors to have actual experience performing tasks
associated with asbestos abatement.
EPA recommends the use of audiovisual materials to complement
lectures, where appropriate.
Asbestos abatement supervisors include those persons who provide
supervision and direction to workers performing response actions.
Supervisors may include those individuals with the position title
of foreman, working foreman, or leadman pursuant to collective
bargaining agreements. At least one supervisor is required to be at
the worksite at all times while response actions are being
conducted. Asbestos workers must have access to accredited
supervisors throughout the duration of the project.
The contractor/supervisor training course shall adequately
address the following topics:
(a) The physical characteristics of asbestos and
asbestos-containing materials. Identification of asbestos,
aerodynamic characteristics, typical uses, physical appearance, a
review of hazard assessment considerations, and a summary of
abatement control options.
(b) Potential health effects related to asbestos
exposure. The nature of asbestos-related diseases; routes of
exposure; dose-response relationships and the lack of a safe
exposure level; synergism between cigarette smoking and asbestos
exposure; and latency period for diseases.
(c) Employee personal protective equipment. Classes and
characteristics of respirator types; limitations of respirators;
proper selection, inspection, donning, use, maintenance, and
storage procedures for respirators; methods for field testing of
the facepiece-to-face seal (positive and negative-pressure fit
checks); qualitative and quantitative fit testing procedures;
variability between field and laboratory protection factors that
alter respiratory fit (e.g., facial hair); the components of a
proper respiratory protection program; selection and use of
personal protective clothing; and use, storage, and handling of
non-disposable clothing; and regulations covering personal
protective equipment.
(d) State-of-the-art work practices. Proper work
practices for asbestos abatement activities, including descriptions
of proper construction and maintenance of barriers and
decontamination enclosure systems; positioning of warning signs;
lock-out of electrical and ventilation systems; proper working
techniques for minimizing fiber release; use of wet methods; use of
negative pressure exhaust ventilation equipment; use of HEPA
vacuums; and proper clean-up and disposal procedures. Work
practices for removal, encapsulation, enclosure, and repair of ACM;
emergency procedures for unplanned releases; potential exposure
situations; transport and disposal procedures; and recommended and
prohibited work practices. New abatement-related techniques and
methodologies may be discussed.
(e) Personal hygiene. Entry and exit procedures for the
work area; use of showers; and avoidance of eating, drinking,
smoking, and chewing (gum or tobacco) in the work area. Potential
exposures, such as family exposure, shall also be included.
(f) Additional safety hazards. Hazards encountered during
abatement activities and how to deal with them, including
electrical hazards, heat stress, air contaminants other than
asbestos, fire and explosion hazards, scaffold and ladder hazards,
slips, trips, and falls, and confined spaces.
(g) Medical monitoring. OSHA and EPA Worker Protection
Rule requirements for physical examinations, including a pulmonary
function test, chest X-rays and a medical history for each
employee.
(h) Air monitoring. Procedures to determine airborne
concentrations of asbestos fibers, including descriptions of
aggressive air sampling, sampling equipment and methods, reasons
for air monitoring, types of samples and interpretation of
results.
EPA recommends that transmission electron microscopy (TEM) be
used for analysis of final air clearance samples, and that sample
analyses be performed by laboratories accredited by the National
Institute of Standards and Technology's (NIST) National Voluntary
Laboratory Accreditation Program (NVLAP).
(i) Relevant Federal, State, and local regulatory
requirements, procedures, and standards, including:
(i) Requirements of TSCA Title II.
(ii) National Emission Standards for Hazardous Air Pollutants
(40 CFR part 61), Subparts A (General Provisions) and M (National
Emission Standard for Asbestos).
(iii) OSHA standards for permissible exposure to airborne
concentrations of asbestos fibers and respiratory protection (29
CFR 1910.134).
(iv) OSHA Asbestos Construction Standard (29 CFR 1926.58).
(v)EPA Worker Protection Rule, (40 CFR part 763, subpart G).
(j) Respiratory Protection Programs and Medical Monitoring
Programs.
(k) Insurance and liability issues. Contractor issues;
worker's compensation coverage and exclusions; third-party
liabilities and defenses; insurance coverage and exclusions.
(l) Recordkeeping for asbestos abatement projects.
Records required by Federal, State, and local regulations; records
recommended for legal and insurance purposes.
(m) Supervisory techniques for asbestos abatement
activities. Supervisory practices to enforce and reinforce the
required work practices and discourage unsafe work practices.
(n) Contract specifications. Discussions of key elements
that are included in contract specifications.
(o) Course review. A review of key aspects of the
training course.
3. Inspector
All persons who inspect for ACBM in schools or public and
commercial buildings must be accredited. All persons seeking
accreditation as an inspector shall complete at least a 3-day
training course as outlined below. The course shall include
lectures, demonstrations, 4 hours of hands-on training, individual
respirator fit-testing, course review, and a written
examination.
EPA recommends the use of audiovisual materials to complement
lectures, where appropriate. Hands-on training should include
conducting a simulated building walk-through inspection and
respirator fit testing. The inspector training course shall
adequately address the following topics:
(a) Background information on asbestos. Identification of
asbestos, and examples and discussion of the uses and locations of
asbestos in buildings; physical appearance of asbestos.
(b) Potential health effects related to asbestos
exposure. The nature of asbestos-related diseases; routes of
exposure; dose-response relationships and the lack of a safe
exposure level; the synergistic effect between cigarette smoking
and asbestos exposure; the latency periods for asbestos-related
diseases; a discussion of the relationship of asbestos exposure to
asbestosis, lung cancer, mesothelioma, and cancers of other
organs.
(c) Functions/qualifications and role of inspectors.
Discussions of prior experience and qualifications for inspectors
and management planners; discussions of the functions of an
accredited inspector as compared to those of an accredited
management planner; discussion of inspection process including
inventory of ACM and physical assessment.
(d) Legal liabilities and defenses. Responsibilities of
the inspector and management planner; a discussion of comprehensive
general liability policies, claims-made, and occurrence policies,
environmental and pollution liability policy clauses; state
liability insurance requirements; bonding and the relationship of
insurance availability to bond availability.
(e) Understanding building systems. The interrelationship
between building systems, including: an overview of common building
physical plan layout; heat, ventilation, and air conditioning
(HVAC) system types, physical organization, and where asbestos is
found on HVAC components; building mechanical systems, their types
and organization, and where to look for asbestos on such systems;
inspecting electrical systems, including appropriate safety
precautions; reading blueprints and as-built drawings.
(f) Public/employee/building occupant relations.
Notifying employee organizations about the inspection; signs to
warn building occupants; tact in dealing with occupants and the
press; scheduling of inspections to minimize disruptions; and
education of building occupants about actions being taken.
(g) Pre-inspection planning and review of previous inspection
records. Scheduling the inspection and obtaining access;
building record review; identification of probable homogeneous
areas from blueprints or as-built drawings; consultation with
maintenance or building personnel; review of previous inspection,
sampling, and abatement records of a building; the role of the
inspector in exclusions for previously performed inspections.
(h) Inspecting for friable and non-friable ACM and assessing
the condition of friable ACM. Procedures to follow in
conducting visual inspections for friable and non-friable ACM;
types of building materials that may contain asbestos; touching
materials to determine friability; open return air plenums and
their importance in HVAC systems; assessing damage, significant
damage, potential damage, and potential significant damage; amount
of suspected ACM, both in total quantity and as a percentage of the
total area; type of damage; accessibility; material's potential for
disturbance; known or suspected causes of damage or significant
damage; and deterioration as assessment factors.
(i) Bulk sampling/documentation of asbestos. Detailed
discussion of the “Simplified Sampling Scheme for Friable Surfacing
Materials (EPA 560/5-85-030a October 1985)”; techniques to ensure
sampling in a randomly distributed manner for other than friable
surfacing materials; sampling of non-friable materials; techniques
for bulk sampling; inspector's sampling and repair equipment;
patching or repair of damage from sampling; discussion of polarized
light microscopy; choosing an accredited laboratory to analyze bulk
samples; quality control and quality assurance procedures. EPA's
recommendation that all bulk samples collected from school or
public and commercial buildings be analyzed by a laboratory
accredited under the NVLAP administered by NIST.
(j) Inspector respiratory protection and personal protective
equipment. Classes and characteristics of respirator types;
limitations of respirators; proper selection, inspection; donning,
use, maintenance, and storage procedures for respirators; methods
for field testing of the facepiece-to-face seal (positive and
negative-pressure fit checks); qualitative and quantitative fit
testing procedures; variability between field and laboratory
protection factors that alter respiratory fit (e.g., facial hair);
the components of a proper respiratory protection program;
selection and use of personal protective clothing; use, storage,
and handling of non-disposable clothing.
(k) Recordkeeping and writing the inspection report.
Labeling of samples and keying sample identification to sampling
location; recommendations on sample labeling; detailing of ACM
inventory; photographs of selected sampling areas and examples of
ACM condition; information required for inclusion in the management
plan required for school buildings under TSCA Title II, section 203
(i)(1). EPA recommends that States develop and require the use of
standardized forms for recording the results of inspections in
schools or public or commercial buildings, and that the use of
these forms be incorporated into the curriculum of training
conducted for accreditation.
(l) Regulatory review. The following topics should be
covered: National Emission Standards for Hazardous Air Pollutants
(NESHAP; 40 CFR part 61, subparts A and M); EPA Worker Protection
Rule (40 CFR part 763, subpart G); OSHA Asbestos Construction
Standard (29 CFR 1926.58); OSHA respirator requirements (29 CFR
1910.134); the Asbestos-Containing Materials in School Rule (40 CFR
part 763, subpart E; applicable State and local regulations, and
differences between Federal and State requirements where they
apply, and the effects, if any, on public and nonpublic schools or
commercial or public buildings.
(m) Field trip. This includes a field exercise, including
a walk-through inspection; on-site discussion about information
gathering and the determination of sampling locations; on-site
practice in physical assessment; classroom discussion of field
exercise.
(n) Course review. A review of key aspects of the
training course.
4. Management Planner
All persons who prepare management plans for schools must be
accredited. All persons seeking accreditation as management
planners shall complete a 3-day inspector training course as
outlined above and a 2-day management planner training course.
Possession of current and valid inspector accreditation shall be a
prerequisite for admission to the management planner training
course. The management planner course shall include lectures,
demonstrations, course review, and a written examination.
EPA recommends the use of audiovisual materials to complement
lectures, where appropriate.
TSCA Title II does not require accreditation for persons
performing the management planner role in public and commercial
buildings. Nevertheless, such persons may find this training and
accreditation helpful in preparing them to design or administer
asbestos operations and maintenance programs for public and
commercial buildings.
The management planner training course shall adequately address
the following topics:
(a) Course overview. The role and responsibilities of the
management planner; operations and maintenance programs; setting
work priorities; protection of building occupants.
(b) Evaluation/interpretation of survey results. Review
of TSCA Title II requirements for inspection and management plans
for school buildings as given in section 203(i)(1) of TSCA Title
II; interpretation of field data and laboratory results; comparison
of field inspector's data sheet with laboratory results and site
survey.
(c) Hazard assessment. Amplification of the difference
between physical assessment and hazard assessment; the role of the
management planner in hazard assessment; explanation of significant
damage, damage, potential damage, and potential significant damage;
use of a description (or decision tree) code for assessment of ACM;
assessment of friable ACM; relationship of accessibility, vibration
sources, use of adjoining space, and air plenums and other factors
to hazard assessment.
(d) Legal implications. Liability; insurance issues
specific to planners; liabilities associated with interim control
measures, in-house maintenance, repair, and removal; use of results
from previously performed inspections.
(e) Evaluation and selection of control options. Overview
of encapsulation, enclosure, interim operations and maintenance,
and removal; advantages and disadvantages of each method; response
actions described via a decision tree or other appropriate method;
work practices for each response action; staging and prioritizing
of work in both vacant and occupied buildings; the need for
containment barriers and decontamination in response actions.
(f) Role of other professionals. Use of industrial
hygienists, engineers, and architects in developing technical
specifications for response actions; any requirements that may
exist for architect sign-off of plans; team approach to design of
high-quality job specifications.
(g) Developing an operations and maintenance (O&M)
plan. Purpose of the plan; discussion of applicable EPA
guidance documents; what actions should be taken by custodial
staff; proper cleaning procedures; steam cleaning and HEPA
vacuuming; reducing disturbance of ACM; scheduling O&M for
off-hours; rescheduling or canceling renovation in areas with ACM;
boiler room maintenance; disposal of ACM; in-house procedures for
ACM - bridging and penetrating encapsulants; pipe fittings; metal
sleeves; polyvinyl chloride (PVC), canvas, and wet wraps; muslin
with straps, fiber mesh cloth; mineral wool, and insulating cement;
discussion of employee protection programs and staff training; case
study in developing an O&M plan (development, implementation
process, and problems that have been experienced).
(h) Regulatory review. Focusing on the OSHA Asbestos
Construction Standard found at 29 CFR 1926.58; the National
Emission Standard for Hazardous Air Pollutants (NESHAP) found at 40
CFR part 61, Subparts A (General Provisions) and M (National
Emission Standard for Asbestos); EPA Worker Protection Rule found
at 40 CFR part 763, subpart G; TSCA Title II; applicable State
regulations.
(i) Recordkeeping for the management planner. Use of
field inspector's data sheet along with laboratory results;
on-going recordkeeping as a means to track asbestos disturbance;
procedures for recordkeeping. EPA recommends that States require
the use of standardized forms for purposes of management plans and
incorporate the use of such forms into the initial training course
for management planners.
(j) Assembling and submitting the management plan. Plan
requirements for schools in TSCA Title II section 203(i)(1); the
management plan as a planning tool.
(k) Financing abatement actions. Economic analysis and
cost estimates; development of cost estimates; present costs of
abatement versus future operation and maintenance costs; Asbestos
School Hazard Abatement Act grants and loans.
(l) Course review. A review of key aspects of the
training course.
5. Project Designer
A person must be accredited as a project designer to design any
of the following activities with respect to friable ACBM in a
school or public and commercial building: (1) A response action
other than a SSSD maintenance activity, (2) a maintenance activity
that disturbs friable ACBM other than a SSSD maintenance activity,
or (3) a response action for a major fiber release episode. All
persons seeking accreditation as a project designer shall complete
at least a minimum 3-day training course as outlined below. The
project designer course shall include lectures, demonstrations, a
field trip, course review and a written examination.
EPA recommends the use of audiovisual materials to complement
lectures, where appropriate.
The abatement project designer training course shall adequately
address the following topics:
(a) Background information on asbestos. Identification of
asbestos; examples and discussion of the uses and locations of
asbestos in buildings; physical appearance of asbestos.
(b) Potential health effects related to asbestos
exposure. Nature of asbestos-related diseases; routes of
exposure; dose-response relationships and the lack of a safe
exposure level; the synergistic effect between cigarette smoking
and asbestos exposure; the latency period of asbestos-related
diseases; a discussion of the relationship between asbestos
exposure and asbestosis, lung cancer, mesothelioma, and cancers of
other organs.
(c) Overview of abatement construction projects.
Abatement as a portion of a renovation project; OSHA requirements
for notification of other contractors on a multi-employer site (29
CFR 1926.58).
(d) Safety system design specifications. Design,
construction, and maintenance of containment barriers and
decontamination enclosure systems; positioning of warning signs;
electrical and ventilation system lock-out; proper working
techniques for minimizing fiber release; entry and exit procedures
for the work area; use of wet methods; proper techniques for
initial cleaning; use of negative-pressure exhaust ventilation
equipment; use of HEPA vacuums; proper clean-up and disposal of
asbestos; work practices as they apply to encapsulation, enclosure,
and repair; use of glove bags and a demonstration of glove bag
use.
(e) Field trip. A visit to an abatement site or other
suitable building site, including on-site discussions of abatement
design and building walk-through inspection. Include discussion of
rationale for the concept of functional spaces during the
walk-through.
(f) Employee personal protective equipment. Classes and
characteristics of respirator types; limitations of respirators;
proper selection, inspection; donning, use, maintenance, and
storage procedures for respirators; methods for field testing of
the facepiece-to-face seal (positive and negative-pressure fit
checks); qualitative and quantitative fit testing procedures;
variability between field and laboratory protection factors that
alter respiratory fit (e.g., facial hair); the components of a
proper respiratory protection program; selection and use of
personal protective clothing; use, storage, and handling of
non-disposable clothing.
(g) Additional safety hazards. Hazards encountered during
abatement activities and how to deal with them, including
electrical hazards, heat stress, air contaminants other than
asbestos, fire, and explosion hazards.
(h) Fiber aerodynamics and control. Aerodynamic
characteristics of asbestos fibers; importance of proper
containment barriers; settling time for asbestos fibers; wet
methods in abatement; aggressive air monitoring following
abatement; aggressive air movement and negative-pressure exhaust
ventilation as a clean-up method.
(i) Designing abatement solutions. Discussions of
removal, enclosure, and encapsulation methods; asbestos waste
disposal.
(j) Final clearance process. Discussion of the need for a
written sampling rationale for aggressive final air clearance;
requirements of a complete visual inspection; and the relationship
of the visual inspection to final air clearance.
EPA recommends the use of TEM for analysis of final air
clearance samples. These samples should be analyzed by laboratories
accredited under the NIST NVLAP.
(k) Budgeting/cost estimating. Development of cost
estimates; present costs of abatement versus future operation and
maintenance costs; setting priorities for abatement jobs to reduce
costs.
(l) Writing abatement specifications. Preparation of and
need for a written project design; means and methods specifications
versus performance specifications; design of abatement in occupied
buildings; modification of guide specifications for a particular
building; worker and building occupant health/medical
considerations; replacement of ACM with non-asbestos
substitutes.
(m) Preparing abatement drawings. Significance and need
for drawings, use of as-built drawings as base drawings; use of
inspection photographs and on-site reports; methods of preparing
abatement drawings; diagramming containment barriers; relationship
of drawings to design specifications; particular problems related
to abatement drawings.
(n) Contract preparation and administration.
(o) Legal/liabilities/defenses. Insurance considerations;
bonding; hold-harmless clauses; use of abatement contractor's
liability insurance; claims made versus occurrence policies.
(p) Replacement. Replacement of asbestos with
asbestos-free substitutes.
(q) Role of other consultants. Development of technical
specification sections by industrial hygienists or engineers; the
multi-disciplinary team approach to abatement design.
(r) Occupied buildings. Special design procedures
required in occupied buildings; education of occupants; extra
monitoring recommendations; staging of work to minimize occupant
exposure; scheduling of renovation to minimize exposure.
(s) Relevant Federal, State, and local regulatory
requirements, procedures and standards, including, but not limited
to:
(i) Requirements of TSCA Title II.
(ii) National Emission Standards for Hazardous Air Pollutants,
(40 CFR part 61) subparts A (General Provisions) and M (National
Emission Standard for Asbestos).
(iii) OSHA Respirator Standard found at 29 CFR 1910.134.
(iv) EPA Worker Protection Rule found at 40 CFR part 763,
subpart G.
(v) OSHA Asbestos Construction Standard found at 29 CFR
1926.58.
(vi) OSHA Hazard Communication Standard found at 29 CFR
1926.59.
(t) Course review. A review of key aspects of the
training course.
6. Project Monitor
EPA recommends that States adopt training and accreditation
requirements for persons seeking to perform work as project
monitors. Project monitors observe abatement activities performed
by contractors and generally serve as a building owner's
representative to ensure that abatement work is completed according
to specification and in compliance with all relevant statutes and
regulations. They may also perform the vital role of air monitoring
for purposes of determining final clearance. EPA recommends that a
State seeking to accredit individuals as project monitors consider
adopting a minimum 5-day training course covering the topics
outlined below. The course outlined below consists of lectures and
demonstrations, at least 6 hours of hands-on training, course
review, and a written examination. The hands-on training component
might be satisfied by having the student simulate participation in
or performance of any of the relevant job functions or activities
(or by incorporation of the workshop component described in item
“n” below of this unit).
EPA recommends that the project monitor training course
adequately address the following topics:
(a) Roles and responsibilities of the project monitor.
Definition and responsibilities of the project monitor, including
regulatory/specification compliance monitoring, air monitoring,
conducting visual inspections, and final clearance monitoring.
(b) Characteristics of asbestos and asbestos-containing
materials. Typical uses of asbestos; physical appearance of
asbestos; review of asbestos abatement and control techniques;
presentation of the health effects of asbestos exposure, including
routes of exposure, dose-response relationships, and latency
periods for asbestos-related diseases.
(c) Federal asbestos regulations. Overview of pertinent
EPA regulations, including: NESHAP, 40 CFR part 61, subparts A and
M; AHERA, 40 CFR part 763, subpart E; and the EPA Worker Protection
Rule, 40 CFR part 763, subpart G. Overview of pertinent OSHA
regulations, including: Construction Industry Standard for
Asbestos, 29 CFR 1926.58; Respirator Standard, 29 CFR 1910.134; and
the Hazard Communication Standard, 29 CFR 1926.59. Applicable State
and local asbestos regulations; regulatory interrelationships.
(d) Understanding building construction and building
systems. Building construction basics, building physical plan
layout; understanding building systems (HVAC, electrical, etc.);
layout and organization, where asbestos is likely to be found on
building systems; renovations and the effect of asbestos abatement
on building systems.
(e) Asbestos abatement contracts, specifications, and
drawings. Basic provisions of the contract; relationships
between principle parties, establishing chain of command; types of
specifications, including means and methods, performance, and
proprietary and nonproprietary; reading and interpreting records
and abatement drawings; discussion of change orders; common
enforcement responsibilities and authority of project monitor.
(f) Response actions and abatement practices. Pre-work
inspections; pre-work considerations, precleaning of the work area,
removal of furniture, fixtures, and equipment;
shutdown/modification of building systems; construction and
maintenance of containment barriers, proper demarcation of work
areas; work area entry/exit, hygiene practices; determining the
effectiveness of air filtration equipment; techniques for
minimizing fiber release, wet methods, continuous cleaning;
abatement methods other than removal; abatement area clean-up
procedures; waste transport and disposal procedures; contingency
planning for emergency response.
(g) Asbestos abatement equipment. Typical equipment found
on an abatement project; air filtration devices, vacuum systems,
negative pressure differential monitoring; HEPA filtration units,
theory of filtration, design/construction of HEPA filtration units,
qualitative and quantitative performance of HEPA filtration units,
sizing the ventilation requirements, location of HEPA filtration
units, qualitative and quantitative tests of containment barrier
integrity; best available technology.
(h) Personal protective equipment. Proper selection of
respiratory protection; classes and characteristics of respirator
types, limitations of respirators; proper use of other safety
equipment, protective clothing selection, use, and proper handling,
hard/bump hats, safety shoes; breathing air systems, high pressure
v. low pressure, testing for Grade D air, determining proper backup
air volumes.
(i) Air monitoring strategies. Sampling equipment,
sampling pumps (low v. high volume), flow regulating devices
(critical and limiting orifices), use of fibrous aerosol monitors
on abatement projects; sampling media, types of filters, types of
cassettes, filter orientation, storage and shipment of filters;
calibration techniques, primary calibration standards, secondary
calibration standards, temperature/pressure effects, frequency of
calibration, recordkeeping and field work documentation,
calculations; air sample analysis, techniques available and
limitations of AHERA on their use, transmission electron microscopy
(background to sample preparation and analysis, air sample
conditions which prohibit analysis, EPA's recommended technique for
analysis of final air clearance samples), phase contrast microscopy
(background to sample preparation, and AHERA's limits on the use of
phase contrast microscopy), what each technique measures;
analytical methodologies, AHERA TEM protocol, NIOSH 7400, OSHA
reference method (non clearance), EPA recommendation for clearance
(TEM); sampling strategies for clearance monitoring, types of air
samples (personal breathing zone v. fixed-station area) sampling
location and objectives (pre-abatement, during abatement, and
clearance monitoring), number of samples to be collected, minimum
and maximum air volumes, clearance monitoring
(post-visual-inspection) (number of samples required, selection of
sampling locations, period of sampling, aggressive sampling,
interpretations of sampling results, calculations), quality
assurance; special sampling problems, crawl spaces, acceptable
samples for laboratory analysis, sampling in occupied buildings
(barrier monitoring).
(j) Safety and health issues other than asbestos.
Confined-space entry, electrical hazards, fire and explosion
concerns, ladders and scaffolding, heat stress, air contaminants
other than asbestos, fall hazards, hazardous materials on abatement
projects.
(k) Conducting visual inspections. Inspections during
abatement, visual inspections using the ASTM E1368 document;
conducting inspections for completeness of removal; discussion of
“how clean is clean?”
(l) Legal responsibilities and liabilities of project
monitors. Specification enforcement capabilities; regulatory
enforcement; licensing; powers delegated to project monitors
through contract documents.
(m) Recordkeeping and report writing. Developing project
logs/daily logs (what should be included, who sees them); final
report preparation; recordkeeping under Federal regulations.
(n) Workshops (6 hours spread over 3 days). Contracts,
specifications, and drawings: This workshop could consist of each
participant being issued a set of contracts, specifications, and
drawings and then being asked to answer questions and make
recommendations to a project architect, engineer or to the building
owner based on given conditions and these documents.
Air monitoring strategies/asbestos abatement equipment: This
workshop could consist of simulated abatement sites for which
sampling strategies would have to be developed (i.e., occupied
buildings, industrial situations). Through demonstrations and
exhibition, the project monitor may also be able to gain a better
understanding of the function of various pieces of equipment used
on abatement projects (air filtration units, water filtration
units, negative pressure monitoring devices, sampling pump
calibration devices, etc.).
Conducting visual inspections: This workshop could consist,
ideally, of an interactive video in which a participant is “taken
through” a work area and asked to make notes of what is seen. A
series of questions will be asked which are designed to stimulate a
person's recall of the area. This workshop could consist of a
series of two or three videos with different site conditions and
different degrees of cleanliness.
C. Examinations
1. Each State shall administer a closed book examination or
designate other entities such as State-approved providers of
training courses to administer the closed-book examination to
persons seeking accreditation who have completed an initial
training course. Demonstration testing may also be included as part
of the examination. A person seeking initial accreditation in a
specific discipline must pass the examination for that discipline
in order to receive accreditation. For example, a person seeking
accreditation as an abatement project designer must pass the
State's examination for abatement project designer.
States may develop their own examinations, have providers of
training courses develop examinations, or use standardized
examinations developed for purposes of accreditation under TSCA
Title II. In addition, States may supplement standardized
examinations with questions about State regulations. States may
obtain commercially developed standardized examinations, develop
standardized examinations independently, or do so in cooperation
with other States, or with commercial or non-profit providers on a
regional or national basis. EPA recommends the use of standardized,
scientifically-validated testing instruments, which may be
beneficial in terms of both promoting competency and in fostering
accreditation reciprocity between States.
Each examination shall adequately cover the topics included in
the training course for that discipline. Each person who completes
a training course, passes the required examination, and fulfills
whatever other requirements the State imposes must receive an
accreditation certificate in a specific discipline. Whether a State
directly issues accreditation certificates, or authorizes training
providers to issue accreditation certificates, each certificate
issued to an accredited person must contain the following minimum
information:
a. A unique certificate number
b. Name of accredited person
c. Discipline of the training course completed.
d. Dates of the training course.
e. Date of the examination.
f. An expiration date of 1 year after the date upon which the
person successfully completed the course and examination.
g. The name, address, and telephone number of the training
provider that issued the certificate.
h. A statement that the person receiving the certificate has
completed the requisite training for asbestos accreditation under
TSCA Title II.
States or training providers who reaccredit persons based upon
completion of required refresher training must also provide
accreditation certificates with all of the above information,
except the examination date may be omitted if a State does not
require a refresher examination for reaccreditation.
Where a State licenses accredited persons but has authorized
training providers to issue accreditation certificates, the State
may issue licenses in the form of photo-identification cards. Where
this applies, EPA recommends that the State licenses should include
all of the same information required for the accreditation
certificates. A State may also choose to issue photo-identification
cards in addition to the required accreditation certificates.
Accredited persons must have their initial and current
accreditation certificates at the location where they are
conducting work.
2. The following are the requirements for examination in each
discipline:
a. Worker:
i. 50 multiple-choice questions
ii. Passing score: 70 percent correct
b. Contractor/Supervisor:
i. 100 multiple-choice questions
ii. Passing score: 70 percent correct
c. Inspector:
i. 50 Multiple-choice questions
ii. Passing score: 70 percent correct
d. Management Planner:
i. 50 Multiple-choice questions
ii. Passing score: 70 percent correct
e. Project Designer:
i. 100 multiple-choice questions
ii. Passing score: 70 percent correct
D. Continuing Education
For all disciplines, a State's accreditation program shall
include annual refresher training as a requirement for
reaccreditation as indicated below:
1. Workers: One full day of refresher training.
2. Contractor/Supervisors: One full day of refresher
training.
3. Inspectors: One half-day of refresher training.
4. Management Planners: One half-day of inspector refresher
training and one half-day of refresher training for management
planners.
5. Project Designers: One full day of refresher training.
The refresher courses shall be specific to each discipline.
Refresher courses shall be conducted as separate and distinct
courses and not combined with any other training during the period
of the refresher course. For each discipline, the refresher course
shall review and discuss changes in Federal, State, and local
regulations, developments in state-of-the-art procedures, and a
review of key aspects of the initial training course as determined
by the State. After completing the annual refresher course, persons
shall have their accreditation extended for an additional year from
the date of the refresher course. A State may consider requiring
persons to pass reaccreditation examinations at specific intervals
(for example, every 3 years).
EPA recommends that States formally establish a 12-month grace
period to enable formerly accredited persons with expired
certificates to complete refresher training and have their
accreditation status reinstated without having to re-take the
initial training course.
E. Qualifications
In addition to requiring training and an examination, a State
may require candidates for accreditation to meet other
qualification and/or experience standards that the State considers
appropriate for some or all disciplines. States may choose to
consider requiring qualifications similar to the examples outlined
below for inspectors, management planners and project designers.
States may modify these examples as appropriate. In addition,
States may want to include some requirements based on experience in
performing a task directly as a part of a job or in an
apprenticeship role. They may also wish to consider additional
criteria for the approval of training course instructors beyond
those prescribed by EPA.
1. Inspectors: Qualifications - possess a high school diploma.
States may want to require an Associate's Degree in specific fields
(e.g., environmental or physical sciences).
2. Management Planners: Qualifications - Registered architect,
engineer, or certified industrial hygienist or related scientific
field.
3. Project Designers: Qualifications - registered architect,
engineer, or certified industrial hygienist.
4. Asbestos Training Course Instructor: Qualifications -
academic credentials and/or field experience in asbestos
abatement.
EPA recommends that States prescribe minimum qualification
standards for training instructors employed by training
providers.
F. Recordkeeping Requirements for Training Providers
All approved providers of accredited asbestos training courses
must comply with the following minimum recordkeeping
requirements.
1. Training course materials. A training provider must retain
copies of all instructional materials used in the delivery of the
classroom training such as student manuals, instructor notebooks
and handouts.
2. Instructor qualifications. A training provider must retain
copies of all instructors' resumes, and the documents approving
each instructor issued by either EPA or a State. Instructors must
be approved by either EPA or a State before teaching courses for
accreditation purposes. A training provider must notify EPA or the
State, as appropriate, in advance whenever it changes course
instructors. Records must accurately identify the instructors that
taught each particular course for each date that a course is
offered.
3. Examinations. A training provider must document that each
person who receives an accreditation certificate for an initial
training course has achieved a passing score on the examination.
These records must clearly indicate the date upon which the exam
was administered, the training course and discipline for which the
exam was given, the name of the person who proctored the exam, a
copy of the exam, and the name and test score of each person taking
the exam. The topic and dates of the training course must
correspond to those listed on that person's accreditation
certificate. States may choose to apply these same requirements to
examinations for refresher training courses.
4. Accreditation certificates. The training providers or States,
whichever issues the accreditation certificate, shall maintain
records that document the names of all persons who have been
awarded certificates, their certificate numbers, the disciplines
for which accreditation was conferred, training and expiration
dates, and the training location. The training provider or State
shall maintain the records in a manner that allows verification by
telephone of the required information.
5. Verification of certificate information. EPA recommends that
training providers of refresher training courses confirm that their
students possess valid accreditation before granting course
admission. EPA further recommends that training providers offering
the initial management planner training course verify that students
have met the prerequisite of possessing valid inspector
accreditation at the time of course admission.
6. Records retention and access. (a) The training provider shall
maintain all required records for a minimum of 3 years. The
training provider, however, may find it advantageous to retain
these records for a longer period of time.
(b) The training provider must allow reasonable access to all of
the records required by the MAP, and to any other records which may
be required by States for the approval of asbestos training
providers or the accreditation of asbestos training courses, to
both EPA and to State Agencies, on request. EPA encourages training
providers to make this information equally accessible to the
general public.
(c) If a training provider ceases to conduct training, the
training provider shall notify the approving government body (EPA
or the State) and give it the opportunity to take possession of
that providers asbestos training records.
G. Deaccreditation
1. States must establish criteria and procedures for
deaccrediting persons accredited as workers,
contractor/supervisors, inspectors, management planners, and
project designers. States must follow their own administrative
procedures in pursuing deaccreditation actions. At a minimum, the
criteria shall include:
(a) Performing work requiring accreditation at a job site
without being in physical possession of initial and current
accreditation certificates;
(b) Permitting the duplication or use of one's own accreditation
certificate by another;
(c) Performing work for which accreditation has not been
received; or
(d) Obtaining accreditation from a training provider that does
not have approval to offer training for the particular discipline
from either EPA or from a State that has a contractor accreditation
plan at least as stringent as the EPA MAP.
EPA may directly pursue deaccreditation actions without reliance
on State deaccreditation or enforcement authority or actions. In
addition to the above-listed situations, the Administrator may
suspend or revoke the accreditation of persons who have been
subject to a final order imposing a civil penalty or convicted
under section 16 of TSCA, 15 U.S.C. 2615 or 2647, for violations of
40 CFR part 763, or section 113 of the Clean Air Act, 42 U.S.C.
7413, for violations of 40 CFR part 61, subpart M.
2. Any person who performs asbestos work requiring accreditation
under section 206(a) of TSCA, 15 U.S.C. 2646(a), without such
accreditation is in violation of TSCA. The following persons are
not accredited for purposes of section 206(a) of TSCA:
(a) Any person who obtains accreditation through fraudulent
representation of training or examination documents;
(b) Any person who obtains training documentation through
fraudulent means;
(c) Any person who gains admission to and completes refresher
training through fraudulent representation of initial or previous
refresher training documentation; or
(d) Any person who obtains accreditation through fraudulent
representation of accreditation requirements such as education,
training, professional registration, or experience.
H. Reciprocity
EPA recommends that each State establish reciprocal arrangements
with other States that have established accreditation programs that
meet or exceed the requirements of the MAP. Such arrangements might
address cooperation in licensing determinations, the review and
approval of training programs and/or instructors, candidate testing
and exam administration, curriculum development, policy
formulation, compliance monitoring, and the exchange of information
and data. The benefits to be derived from these arrangements
include a potential cost-savings from the reduction of duplicative
activity and the attainment of a more professional accredited
workforce as States are able to refine and improve the
effectiveness of their programs based upon the experience and
methods of other States.
I. Electronic Reporting
States that choose to receive electronic documents must include,
at a minimum, the requirements of 40 CFR Part 3 - (Electronic
reporting) in their programs.
II. EPA Approval Process for State Accreditation Programs
A. States may seek approval for a single discipline or all
disciplines as specified in the MAP. For example, a State that
currently only requires worker accreditation may receive EPA
approval for that discipline alone. EPA encourages States that
currently do not have accreditation requirements for all
disciplines required under section 206(b)(2) of TSCA, 15 U.S.C.
2646(b)(2), to seek EPA approval for those disciplines the State
does accredit. As States establish accreditation requirements for
the remaining disciplines, the requested information outlined below
should be submitted to EPA as soon as possible. Any State that had
an accreditation program approved by EPA under an earlier version
of the MAP may follow the same procedures to obtain EPA approval of
their accreditation program under this MAP.
B. Partial approval of a State Program for the accreditation of
one or more disciplines does not mean that the State is in full
compliance with TSCA where the deadline for that State to have
adopted a State Plan no less stringent than the MAP has already
passed. State Programs which are at least as stringent as the MAP
for one or more of the accredited disciplines may, however,
accredit persons in those disciplines only.
C. States seeking EPA approval or reapproval of accreditation
programs shall submit the following information to the Regional
Asbestos Coordinator at their EPA Regional office:
1. A copy of the legislation establishing or upgrading the
State's accreditation program (if applicable).
2. A copy of the State's accreditation regulations or revised
regulations.
3. A letter to the Regional Asbestos Coordinator that clearly
indicates how the State meets the program requirements of this MAP.
Addresses for each of the Regional Asbestos Coordinators are shown
below:
EPA, Region 1, Asbestos Coordinator, 5 Post Office Square - Suite
100 (05-4), Boston, MA 02109-3912, (617) 918-1563. EPA, Region II,
(MS-500), Asbestos Coordinator, 2890 Woodbridge Ave., Edison, NJ
08837-3679, (908) 321-6671. EPA, Region III, (3AT-33), Asbestos
Coordinator, 841 Chestnut Bldg., Philadelphia, PA 19107, (215)
597-3160. EPA, Region IV, Asbestos Coordinator, 345 Courtland St.,
N.E., Atlanta, GA 30365, (404) 347-5014. EPA, Region V, (SP-14J),
Asbestos Coordinator, 77 W. Jackson Blvd., Chicago, IL 60604-3590,
(312) 886-6003. EPA, Region VI, (ECD), Asbestos Coordinator, 1201
Elm Street, Suite 500, Dallas, TX 75270, (214) 655-2760. EPA,
Region VII, (WWPD/TOPE), Asbestos Coordinator, U.S. Environmental
Protection Agency, 11201 Renner Boulevard, Lenexa, Kansas 66219.
(800) 223-0425 or (913) 551-7122. EPA, Region VIII, (8AT-TS),
Asbestos Coordinator, 1 Denver Place, Suite 500 999 - 18th St.,
Denver, CO 80202-2405, (303) 293-1442. EPA, Region IX, Asbestos
NESHAPs Contact, Air Division (A-5), 75 Hawthorne Street, San
Francisco, CA 94105, (415) 972-3989. EPA, Region X, (AT-083),
Asbestos Coordinator, 1200 Sixth Ave., Seattle, WA 98101, (206)
553-4762.
EPA maintains a listing of all those States that have applied
for and received EPA approval for having accreditation requirements
that are at least as stringent as the MAP for one or more
disciplines. Any training courses approved by an EPA-approved State
Program are considered to be EPA-approved for purposes of
accreditation.
III. Approval of Training Courses
Individuals or groups wishing to sponsor training courses for
disciplines required to be accredited under section 206(b)(1)(A) of
TSCA, 15 U.S.C. 2646(b)(1)(A), may apply for approval from States
that have accreditation program requirements that are at least as
stringent as this MAP. For a course to receive approval, it must
meet the requirements for the course as outlined in this MAP, and
any other requirements imposed by the State from which approval is
being sought. Courses that have been approved by a State with an
accreditation program at least as stringent as this MAP are
approved under section 206(a) of TSCA, 15 U.S.C. 2646(a), for that
particular State, and also for any other State that does not have
an accreditation program as stringent as this MAP.
A. Initial Training Course Approval
A training provider must submit the following minimum
information to a State as part of its application for the approval
of each training course:
1. The course provider's name, address, and telephone
number.
2. A list of any other States that currently approve the
training course.
3. The course curriculum.
4. A letter from the provider of the training course that
clearly indicates how the course meets the MAP requirements
for:
a. Length of training in days.
b. Amount and type of hands-on training.
c. Examination (length, format, and passing score).
d. Topics covered in the course.
5. A copy of all course materials (student manuals, instructor
notebooks, handouts, etc.).
6. A detailed statement about the development of the examination
used in the course.
7. Names and qualifications of all course instructors.
Instructors must have academic and/or field experience in asbestos
abatement.
8. A description of and an example of the numbered certificates
issued to students who attend the course and pass the
examination.
B. Refresher Training Course Approval
The following minimum information is required for approval of
refresher training courses by States:
1. The length of training in half-days or days.
2. The topics covered in the course.
3. A copy of all course materials (student manuals, instructor
notebooks, handouts, etc.).
4. The names and qualifications of all course instructors.
Instructors must have academic and/or field experience in asbestos
abatement.
5. A description of and an example of the numbered certificates
issued to students who complete the refresher course and pass the
examination, if required.
C. Withdrawal of Training Course Approval
States must establish criteria and procedures for suspending or
withdrawing approval from accredited training programs. States
should follow their own administrative procedures in pursuing
actions for suspension or withdrawal of approval of training
programs. At a minimum, the criteria shall include:
(1) Misrepresentation of the extent of a training course's
approval by a State or EPA;
(2) Failure to submit required information or notifications in a
timely manner;
(3) Failure to maintain requisite records;
(4) Falsification of accreditation records, instructor
qualifications, or other accreditation information; or
(5) Failure to adhere to the training standards and requirements
of the EPA MAP or State Accreditation Program, as appropriate.
In addition to the criteria listed above, EPA may also suspend
or withdraw a training course's approval where an approved training
course instructor, or other person with supervisory authority over
the delivery of training has been found in violation of other
asbestos regulations administered by EPA. An administrative or
judicial finding of violation, or execution of a consent agreement
and order under 40 CFR 22.18, constitutes evidence of a failure to
comply with relevant statutes or regulations. States may wish to
adopt this criterion modified to include their own asbestos
statutes or regulations. EPA may also suspend or withdraw approval
of training programs where a training provider has submitted false
information as a part of the self-certification required under Unit
V.B. of the revised MAP.
Training course providers shall permit representatives of EPA or
the State which approved their training courses to attend,
evaluate, and monitor any training course without charge. EPA or
State compliance inspection staff are not required to give advance
notice of their inspections. EPA may suspend or withdraw State or
EPA approval of a training course based upon the criteria specified
in this Unit III.C.
IV. EPA Procedures for Suspension or Revocation of Accreditation or
Training Course Approval.
A. If the Administrator decides to suspend or revoke the
accreditation of any person or suspend or withdraw the approval of
a training course, the Administrator will notify the affected
entity of the following:
1. The grounds upon which the suspension, revocation, or
withdrawal is based.
2. The time period during which the suspension, revocation, or
withdrawal is effective, whether permanent or otherwise.
3. The conditions, if any, under which the affected entity may
receive accreditation or approval in the future.
4. Any additional conditions which the Administrator may
impose.
5. The opportunity to request a hearing prior to final Agency
action to suspend or revoke accreditation or suspend or withdraw
approval.
B. If a hearing is requested by the accredited person or
training course provider pursuant to the preceding paragraph, the
Administrator will:
1. Notify the affected entity of those assertions of law and
fact upon which the action to suspend, revoke, or withdraw is
based.
2. Provide the affected entity an opportunity to offer written
statements of facts, explanations, comments, and arguments relevant
to the proposed action.
3. Provide the affected entity such other procedural
opportunities as the Administrator may deem appropriate to ensure a
fair and impartial hearing.
4. Appoint an EPA attorney as Presiding Officer to conduct the
hearing. No person shall serve as Presiding Officer if he or she
has had any prior connection with the specific case.
C. The Presiding Officer appointed pursuant to the preceding
paragraph shall:
1. Conduct a fair, orderly, and impartial hearing, without
unnecessary delay.
2. Consider all relevant evidence, explanation, comment, and
argument submitted pursuant to the preceding paragraph.
3. Promptly notify the affected entity of his or her decision
and order. Such an order is a final Agency action.
D. If the Administrator determines that the public health,
interest, or welfare warrants immediate action to suspend the
accreditation of any person or the approval of any training course
provider, the Administrator will:
1. Notify the affected entity of the grounds upon which the
emergency suspension is based;
2. Notify the affected entity of the time period during which
the emergency suspension is effective.
3. Notify the affected entity of the Administrator's intent to
suspend or revoke accreditation or suspend or withdraw training
course approval, as appropriate, in accordance with Unit IV.A.
above. If such suspension, revocation, or withdrawal notice has not
previously been issued, it will be issued at the same time the
emergency suspension notice is issued.
E. Any notice, decision, or order issued by the Administrator
under this section, and any documents filed by an accredited person
or approved training course provider in a hearing under this
section, shall be available to the public except as otherwise
provided by section 14 of TSCA or by 40 CFR part 2. Any such
hearing at which oral testimony is presented shall be open to the
public, except that the Presiding Officer may exclude the public to
the extent necessary to allow presentation of information which may
be entitled to confidential treatment under section 14 of TSCA or
40 CFR part 2.
V. Implementation Schedule
The various requirements of this MAP become effective in
accordance with the following schedules:
A. Requirements applicable to State Programs
1. Each State shall adopt an accreditation plan that is at least
as stringent as this MAP within 180 days after the commencement of
the first regular session of the legislature of the State that is
convened on or after April 4, 1994.
2. If a State has adopted an accreditation plan at least as
stringent as this MAP as of April 4, 1994, the State may continue
to:
a. Conduct TSCA training pursuant to this MAP.
b. Approve training course providers to conduct training and to
issue accreditation that satisfies the requirements for TSCA
accreditation under this MAP.
c. Issue accreditation that satisfies the requirements for TSCA
accreditation under this MAP.
3. A State that had complied with an earlier version of the MAP,
but has not adopted an accreditation plan at least as stringent as
this MAP by April 4, 1994, may:
a. Conduct TSCA training which remains in compliance with the
requirements of Unit V.B. of this MAP. After such training has been
self-certified in accordance with Unit V.B. of this MAP, the State
may issue accreditation that satisfies the requirement for TSCA
accreditation under this MAP.
b. Sustain its approval for any training course providers to
conduct training and issue TSCA accreditation that the State had
approved before April 4, 1994, and that remain in compliance with
Unit V.B. of this MAP.
c. Issue accreditation pursuant to an earlier version of the MAP
that provisionally satisfies the requirement for TSCA accreditation
until October 4, 1994.
Such a State may not approve new TSCA training course providers
to conduct training or to issue TSCA accreditation that satisfies
the requirements of this MAP until the State adopts an
accreditation plan that is at least as stringent as this MAP.
4. A State that had complied with an earlier version of the MAP,
but fails to adopt a plan as stringent as this MAP by the deadline
established in Unit V.A.1., is subject to the following after that
deadline date:
a. The State loses any status it may have held as an
EPA-approved State for accreditation purposes under section 206 of
TSCA, 15 U.S.C. 2646.
b. All training course providers approved by the State lose
State approval to conduct training and issue accreditation that
satisfies the requirements for TSCA accreditation under this
MAP.
c. The State may not:
i. Conduct training for accreditation purposes under section 206
of TSCA, 15 U.S.C. 2646.
ii. Approve training course providers to conduct training or
issue accreditation that satisfies the requirements for TSCA
accreditation; or
iii. Issue accreditation that satisfies the requirement for TSCA
accreditation.
EPA will extend EPA-approval to any training course provider
that loses State approval because the State does not comply with
the deadline, so long as the provider is in compliance with Unit
V.B. of this MAP, and the provider is approved by a State that had
complied with an earlier version of the MAP as of the day before
the State loses its EPA approval.
5. A State that does not have an accreditation program that
satisfies the requirements for TSCA accreditation under either an
earlier version of the MAP or this MAP, may not:
a. Conduct training for accreditation purposes under section 206
of TSCA, 15 U.S.C. 2646;
b. Approve training course providers to conduct training or
issue accreditation that satisfies the requirements for TSCA
accreditation; or
c. Issue accreditation that satisfies the requirement for TSCA
accreditation.
B. Requirements applicable to Training Courses and Providers
As of October 4, 1994, an approved training provider must
certify to EPA and to any State that has approved the provider for
TSCA accreditation, that each of the provider's training courses
complies with the requirements of this MAP. The written submission
must document in specific detail the changes made to each training
course in order to comply with the requirements of this MAP and
clearly state that the provider is also in compliance with all
other requirements of this MAP, including the new recordkeeping and
certificate provisions. Each submission must include the following
statement signed by an authorized representative of the training
provider: “Under civil and criminal penalties of law for the making
or submission of false or fraudulent statements or representations
(18 U.S.C. 1001 and 15 U.S.C. 2615), I certify that the training
described in this submission complies with all applicable
requirements of Title II of TSCA, 40 CFR part 763, Appendix C to
subpart E, as revised, and any other applicable Federal, state, or
local requirements.” A consolidated self-certification submission
from each training provider that addresses all of its approved
training courses is permissible and encouraged.
The self-certification must be sent via registered mail, to EPA
Headquarters at the following address: Attn. Self-Certification
Program, Field Programs Branch, Chemical Management Division
(7404), Office of Pollution Prevention and Toxics, Environmental
Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC
20460. A duplicate copy of the complete submission must also be
sent to any States from which approval had been obtained.
The timely receipt of a complete self-certification by EPA and
all approving States shall have the effect of extending approval
under this MAP to the training courses offered by the submitting
provider. If a self-certification is not received by the approving
government bodies on or before the due date, the affected training
course is not approved under this MAP. Such training providers must
then reapply for approval of these training courses pursuant to the
procedures outlined in Unit III.
C. Requirements applicable to Accredited Persons.
Persons accredited by a State with an accreditation program no
less stringent than an earlier version of the MAP or by an
EPA-approved training provider as of April 3, 1994, are accredited
in accordance with the requirements of this MAP, and are not
required to retake initial training. They must continue to comply
with the requirements for annual refresher training in Unit I.D. of
the revised MAP.
D. Requirements applicable to Non-Accredited Persons.
In order to perform work requiring accreditation under TSCA
Title II, persons who are not accredited by a State with an
accreditation program no less stringent than an earlier version of
the MAP or by an EPA-approved training provider as of April 3,
1994, must comply with the upgraded training requirements of this
MAP by no later than October 4, 1994. Non-accredited persons may
obtain initial accreditation on a provisional basis by successfully
completing any of the training programs approved under an earlier
version of the MAP, and thereby perform work during the first 6
months after this MAP takes effect. However, by October 4, 1994,
these persons must have successfully completed an upgraded training
program that fully complies with the requirements of this MAP in
order to continue to perform work requiring accreditation under
section 206 of TSCA, 15 U.S.C. 2646.
[59 FR 5251, Feb. 3, 1994, as amended at 60 FR 31922, June 19,
1995; 70 FR 59889, Oct. 13, 2005; 75 FR 69353, Nov. 12, 2010; 76 FR
49674, Aug. 11, 2011; 78 FR 37978, June 25, 2013; 84 FR 34070, July
17, 2019; 84 FR 44232, Aug. 23, 2019]