Attachment_5_-_CFR-2011-title40_Info_Only.pdf

Environmental Protection Agency Pt. 763, Subpt. E, App. C

6. If the Z-statistic is less than or equal to

1.65, the response action is complete. If the Z-statistic is greater than 1.65, reclean the abatement site and collect a new set of sam-ples.

[52 FR 41857, Oct. 30, 1987]

APPENDIX B TO SUBPART E OF PART 763

[RESERVED]

APPENDIX C TO SUBPART E OF PART

763—ASBESTOS MODEL ACCREDITA-

TION 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 Train-ing 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 ap-plied 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 as-bestos-containing material after such pre-viously non-friable material becomes dam-aged 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 com-mercial building.

3. ‘‘Inspection’’ means an activity under-taken in a school building, or a public and commercial building, to determine the pres-ence 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 exam-ination, or by collecting samples of such ma-terial. 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 de-scribed in 40 CFR 763.92(b) solely for the pur-pose 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 govern-ment solely for the purpose of determining compliance with applicable statutes or regu-lations; 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 in-cludes, but is not limited to: industrial and office buildings, residential apartment build-ings and condominiums of 10 or more dwell-ing units, government-owned buildings, col-leges, museums, airports, hospitals, church-es, preschools, stores, warehouses and fac-tories. Interior space includes exterior hall-ways connecting buildings, porticos, and me-chanical systems used to condition interior space.

7. ‘‘Response action’’ means a method, in-cluding 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 insula-tion 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 sec-tion of drywall.

e. Installation of electrical conduits through or proximate to asbestos-containing materials.

SSSD can be further defined by the fol-lowing considerations:

f. Removal of small quantities of ACM only if required in the performance of another maintenance activity not intended as asbes-tos 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 sys-tem insulation which do not require re-moval.

i. Repairs to a piece of asbestos-containing wallboard.

Pt. 763, Subpt. E, App. C 40 CFR Ch. I (7–1–11 Edition)

j. Repairs, involving encapsulation, enclo-sure, 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 abate-ment. 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 geo-metrically to the localized work area, in order to perform its intended containment function.

B. Initial Training Training requirements for purposes of ac-creditation are specified both in terms of re-quired subjects of instruction and in terms of length of training. Each initial training course has a prescribed curriculum and num-ber 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 re-view of the instructor’s academic credentials and/or field experience in asbestos abate-ment.

Beyond the initial training requirements, individual States may wish to consider re-quiring additional days of training for pur-poses 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 ap-proval of training instructors. EPA rec-ommends that the enrollment in any given course be limited to 25 students so that ade-quate 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 re-quired 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 dif-ferent job function and distinct role. Inspec-tors identify and assess the condition of ACBM, or suspect ACBM. Management plan-ners use data gathered by inspectors to as-sess 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 as-bestos abatement work should be conducted.

Lastly, workers and contractor/supervisors carry out and oversee abatement work. In addition, a recommended training cur-riculum is also presented for a sixth dis-cipline, which is not federally-accredited, that of ‘‘Project Monitor.’’ Each accredited discipline and training curriculum is sepa-rate and distinct from the others. A person seeking accreditation in any of the five ac-credited MAP disciplines cannot attend two or more courses concurrently, but may at-tend such courses sequentially.

In several instances, initial training courses for a specific discipline (e.g., work-ers, inspectors) require hands-on training.

For asbestos abatement contractor/super-visors 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 ac-tion other than a SSSD activity, (2) a main-tenance 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 as-sociated with asbestos abatement. A person who is otherwise accredited as a contractor/ supervisor may perform in the role of a worker without possessing separate accredi-tation as a worker.

Because of cultural diversity associated with the asbestos workforce, EPA rec-ommends that States adopt specific stand-ards for the approval of foreign language courses for abatement workers. EPA further recommends the use of audio-visual mate-rials to complement lectures, where appro-priate.

The training course shall adequately ad-dress the following topics:

(a) Physical characteristics of asbestos. Iden-tification of asbestos, aerodynamic charac-teristics, typical uses, and physical appear-ance, and a summary of abatement control options.

(b) Potential health effects related to asbestos exposure. The nature of asbestos-related dis-eases; routes of exposure; dose-response rela-tionships and the lack of a safe exposure level; the synergistic effect between ciga-rette smoking and asbestos exposure; the la-tency periods for asbestos-related diseases; a discussion of the relationship of asbestos ex-posure to asbestosis, lung cancer, mesothe-lioma, and cancers of other organs.

(c) Employee personal protective equipment.

Classes and characteristics of respirator types; limitations of respirators; proper se-lection, inspection; donning, use, mainte-nance, and storage procedures for res-pirators; methods for field testing of the facepiece-to-face seal (positive and negative-pressure fit checks); qualitative and quan-titative fit testing procedures; variability between field and laboratory protection fac-tors that alter respiratory fit (e.g., facial hair); the components of a proper respiratory protection program; selection and use of per-sonal protective clothing; use, storage, and handling of non-disposable clothing; and reg-ulations covering personal protective equip-ment.

(d) State-of-the-art work practices. Proper work practices for asbestos abatement ac-tivities, including descriptions of proper con-struction; maintenance of barriers and de-contamination enclosure systems; posi-tioning of warning signs; lock-out of elec-trical and ventilation systems; proper work-ing 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 ex-posure situations; transport and disposal procedures; and recommended and prohibited work practices.

(e) Personal hygiene. Entry and exit proce-dures 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 expo-sure.

(f) Additional safety hazards. Hazards en-countered 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 pul-monary 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 per-formed and the reasons for it.

(i) Relevant Federal, State, and local regu-latory requirements, procedures, and standards.

With particular attention directed at rel-evant 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 con-tractor/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 seek-ing accreditation as asbestos abatement con-tractor/supervisors shall complete at least a 5–day training course as outlined below. The training course must include lectures, dem-onstrations, 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 ap-propriate.

Asbestos abatement supervisors include those persons who provide supervision and direction to workers performing response ac-tions. Supervisors may include those individ-uals 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 work-site 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 top-ics:

(a) The physical characteristics of asbestos and asbestos-containing materials. Identifica-tion of asbestos, aerodynamic characteris-tics, typical uses, physical appearance, a re-view of hazard assessment considerations, and a summary of abatement control op-tions.

(b) Potential health effects related to asbestos exposure. The nature of asbestos-related dis-eases; routes of exposure; dose-response rela-tionships 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 se-lection, inspection, donning, use, mainte-nance, and storage procedures for res-pirators; methods for field testing of the facepiece-to-face seal (positive and negative-pressure fit checks); qualitative and quan-titative fit testing procedures; variability between field and laboratory protection fac-tors that alter respiratory fit (e.g., facial hair); the components of a proper respiratory protection program; selection and use of per-sonal 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 ac-tivities, including descriptions of proper con-struction and maintenance of barriers and decontamination enclosure systems; posi-tioning of warning signs; lock-out of elec-trical and ventilation systems; proper work-ing 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, en-capsulation, enclosure, and repair of ACM;

emergency procedures for unplanned re-leases; potential exposure situations; trans-port and disposal procedures; and rec-ommended and prohibited work practices.

New abatement-related techniques and methodologies may be discussed.

(e) Personal hygiene. Entry and exit proce-dures 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 expo-sure, shall also be included.

(f) Additional safety hazards. Hazards en-countered 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 pul-monary 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 sam-pling, sampling equipment and methods, rea-sons for air monitoring, types of samples and interpretation of results.

EPA recommends that transmission elec-tron microscopy (TEM) be used for analysis of final air clearance samples, and that sam-ple analyses be performed by laboratories ac-credited by the National Institute of Stand-ards and Technology’s (NIST) National Vol-untary Laboratory Accreditation Program

(NVLAP).

(i) Relevant Federal, State, and local regu-latory requirements, procedures, and standards, including:

(i) Requirements of TSCA Title II.

(ii) National Emission Standards for Haz-ardous Air Pollutants (40 CFR part 61), Sub-parts A (General Provisions) and M (National Emission Standard for Asbestos).

(iii) OSHA standards for permissible expo-sure 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 Med-ical Monitoring Programs.

(k) Insurance and liability issues. Contractor issues; worker’s compensation coverage and exclusions; third-party liabilities and de-fenses; 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 abate-ment activities. Supervisory practices to en-force and reinforce the required work prac-tices 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 ac-creditation 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 train-ing, individual respirator fit-testing, course review, and a written examination.

EPA recommends the use of audiovisual materials to complement lectures, where ap-propriate. Hands-on training should include conducting a simulated building walk-through inspection and respirator fit testing.

The inspector training course shall ade-quately address the following topics:

(a) Background information on asbestos.

Identification of asbestos, and examples and discussion of the uses and locations of asbes-tos in buildings; physical appearance of as-bestos.

(b) Potential health effects related to asbestos exposure. The nature of asbestos-related dis-eases; routes of exposure; dose-response rela-tionships and the lack of a safe exposure level; the synergistic effect between ciga-rette smoking and asbestos exposure; the la-tency periods for asbestos-related diseases; a discussion of the relationship of asbestos ex-posure to asbestosis, lung cancer, mesothe-lioma, and cancers of other organs.

(c) Functions/qualifications and role of in-spectors. Discussions of prior experience and qualifications for inspectors and manage-ment planners; discussions of the functions of an accredited inspector as compared to those of an accredited management planner;

discussion of inspection process including in-ventory of ACM and physical assessment.

(d) Legal liabilities and defenses. Respon-sibilities of the inspector and management planner; a discussion of comprehensive gen-eral liability policies, claims-made, and oc-currence policies, environmental and pollu-tion liability policy clauses; state liability insurance requirements; bonding and the re-lationship 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, phys-ical organization, and where asbestos is found on HVAC components; building me-chanical systems, their types and organiza-tion, and where to look for asbestos on such systems; inspecting electrical systems, in-cluding appropriate safety precautions; read-ing blueprints and as-built drawings.

(f) Public/employee/building occupant rela-tions. 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 pre-vious inspection records. Scheduling the in-spection and obtaining access; building record review; identification of probable ho-mogeneous areas from blueprints or as-built drawings; consultation with maintenance or building personnel; review of previous in-spection, sampling, and abatement records of a building; the role of the inspector in exclu-sions for previously performed inspections.

(h) Inspecting for friable and non-friable ACM and assessing the condition of friable ACM. Procedures to follow in conducting vis-ual inspections for friable and non-friable ACM; types of building materials that may contain asbestos; touching materials to de-termine friability; open return air plenums and their importance in HVAC systems; as-sessing damage, significant damage, poten-tial damage, and potential significant dam-age; amount of suspected ACM, both in total quantity and as a percentage of the total area; type of damage; accessibility; mate-rial’s potential for disturbance; known or suspected causes of damage or significant damage; and deterioration as assessment fac-tors.

(i) Bulk sampling/documentation of asbestos.

Detailed discussion of the ‘‘Simplified Sam-pling Scheme for Friable Surfacing Mate-rials (EPA 560/5-85-030a October 1985)’’; tech-niques to ensure sampling in a randomly dis-tributed manner for other than friable sur-facing materials; sampling of non-friable ma-terials; techniques for bulk sampling; inspec-tor’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 as-surance procedures. EPA’s recommendation that all bulk samples collected from school or public and commercial buildings be ana-lyzed by a laboratory accredited under the NVLAP administered by NIST.

(j) Inspector respiratory protection and per-sonal protective equipment. Classes and char-acteristics of respirator types; limitations of respirators; proper selection, inspection;

donning, use, maintenance, and storage pro-cedures for respirators; methods for field testing of the facepiece-to-face seal (positive and negative-pressure fit checks); quali-tative and quantitative fit testing proce-dures; variability between field and labora-tory protection factors that alter respiratory fit (e.g., facial hair); the components of a proper respiratory protection program; se-lection and use of personal protective cloth-ing; use, storage, and handling of non-dispos-able clothing.

(k) Recordkeeping and writing the inspection report. Labeling of samples and keying sam-ple identification to sampling location; rec-ommendations on sample labeling; detailing of ACM inventory; photographs of selected sampling areas and examples of ACM condi-tion; 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 incor-porated into the curriculum of training con-ducted for accreditation.

(l) Regulatory review. The following topics should be covered: National Emission Stand-ards 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 exer-cise, including a walk-through inspection;

on-site discussion about information gath-ering and the determination of sampling lo-cations; on-site practice in physical assess-ment; 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 plan-ners shall complete a 3–day inspector train-ing course as outlined above and a 2–day management planner training course. Pos-session of current and valid inspector accred-itation shall be a prerequisite for admission to the management planner training course.

The management planner course shall in-clude lectures, demonstrations, course re-view, and a written examination.

EPA recommends the use of audiovisual materials to complement lectures, where ap-propriate.

TSCA Title II does not require accredita-tion for persons performing the management planner role in public and commercial build-ings. Nevertheless, such persons may find this training and accreditation helpful in preparing them to design or administer as-bestos operations and maintenance programs for public and commercial buildings.

The management planner training course shall adequately address the following top-ics:

(a) Course overview. The role and respon-sibilities of the management planner; oper-ations and maintenance programs; setting work priorities; protection of building occu-pants.

(b) Evaluation/interpretation of survey re-sults. 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 re-sults and site survey.

(c) Hazard assessment. Amplification of the difference between physical assessment and hazard assessment; the role of the manage-ment planner in hazard assessment; expla-nation of significant damage, damage, poten-tial damage, and potential significant dam-age; use of a description (or decision tree) code for assessment of ACM; assessment of friable ACM; relationship of accessibility, vi-bration sources, use of adjoining space, and air plenums and other factors to hazard as-sessment.

(d) Legal implications. Liability; insurance issues specific to planners; liabilities associ-ated with interim control measures, in-house maintenance, repair, and removal; use of re-sults from previously performed inspections.

(e) Evaluation and selection of control op-tions. Overview of encapsulation, enclosure, interim operations and maintenance, and re-moval; advantages and disadvantages of each method; response actions described via a de-cision tree or other appropriate method;

work practices for each response action;

staging and prioritizing of work in both va-cant and occupied buildings; the need for containment barriers and decontamination in response actions.

(f) Role of other professionals. Use of indus-trial hygienists, engineers, and architects in developing technical specifications for re-sponse actions; any requirements that may exist for architect sign-off of plans; team ap-proach to design of high-quality job speci-fications.

(g) Developing an operations and mainte-nance (O&M) plan. Purpose of the plan; dis-cussion of applicable EPA guidance docu-ments; what actions should be taken by cus-todial staff; proper cleaning procedures;

steam cleaning and HEPA vacuuming; reduc-ing disturbance of ACM; scheduling O&M for off-hours; rescheduling or canceling renova-tion in areas with ACM; boiler room mainte-nance; 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; discus-sion of employee protection programs and staff training; case study in developing an O&M plan (development, implementation process, and problems that have been experi-enced).

(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 Work-er Protection Rule found at 40 CFR part 763, Subpart G; TSCA Title II; applicable State regulations.

(i) Recordkeeping for the management plan-ner. Use of field inspector’s data sheet along with laboratory results; on-going record-keeping as a means to track asbestos dis-turbance; procedures for recordkeeping. EPA recommends that States require the use of standardized forms for purposes of manage-ment plans and incorporate the use of such forms into the initial training course for management planners.

(j) Assembling and submitting the manage-ment plan. Plan requirements for schools in TSCA Title II section 203(i)(1); the manage-ment 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 ac-tivities with respect to friable ACBM in a school or public and commercial building: (1) A response action other than a SSSD main-tenance 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 lec-tures, demonstrations, a field trip, course re-view and a written examination.

EPA recommends the use of audiovisual materials to complement lectures, where ap-propriate.

The abatement project designer training course shall adequately address the following topics:

(a) Background information on asbestos.

Identification of asbestos; examples and dis-cussion 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 relation-ships 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 discus-sion of the relationship between asbestos ex-posure and asbestosis, lung cancer, mesothe-lioma, and cancers of other organs.

(c) Overview of abatement construction projects. Abatement as a portion of a renova-tion project; OSHA requirements for notifi-cation of other contractors on a multi-em-ployer site (29 CFR 1926.58).

(d) Safety system design specifications. De-sign, construction, and maintenance of con-tainment barriers and decontamination en-closure systems; positioning of warning signs; electrical and ventilation system lock-out; proper working techniques for mini-mizing fiber release; entry and exit proce-dures for the work area; use of wet methods;

proper techniques for initial cleaning; use of negative-pressure exhaust ventilation equip-ment; 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 se-lection, inspection; donning, use, mainte-nance, and storage procedures for res-pirators; methods for field testing of the facepiece-to-face seal (positive and negative-pressure fit checks); qualitative and quan-titative fit testing procedures; variability between field and laboratory protection fac-tors that alter respiratory fit (e.g., facial hair); the components of a proper respiratory protection program; selection and use of per-sonal protective clothing; use, storage, and handling of non-disposable clothing.

(g) Additional safety hazards. Hazards en-countered 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. Aero-dynamic characteristics of asbestos fibers;

importance of proper containment barriers;

settling time for asbestos fibers; wet meth-ods in abatement; aggressive air monitoring following abatement; aggressive air move-ment and negative-pressure exhaust ventila-tion as a clean-up method.

(i) Designing abatement solutions. Discus-sions of removal, enclosure, and encapsula-tion methods; asbestos waste disposal.

(j) Final clearance process. Discussion of the need for a written sampling rationale for ag-gressive final air clearance; requirements of a complete visual inspection; and the rela-tionship of the visual inspection to final air clearance.

EPA recommends the use of TEM for anal-ysis 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. Prepara-tion of and need for a written project design;

means and methods specifications versus performance specifications; design of abate-ment 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. Signifi-cance 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 draw-ings to design specifications; particular problems related to abatement drawings.

(n) Contract preparation and administration.

(o) Legal/liabilities/defenses. Insurance con-siderations; bonding; hold-harmless clauses;

use of abatement contractor’s liability insur-ance; claims made versus occurrence poli-cies.

(p) Replacement. Replacement of asbestos with asbestos-free substitutes.

(q) Role of other consultants. Development of technical specification sections by indus-trial hygienists or engineers; the multi-dis-ciplinary team approach to abatement de-sign.

(r) Occupied buildings. Special design proce-dures required in occupied buildings; edu-cation of occupants; extra monitoring rec-ommendations; staging of work to minimize occupant exposure; scheduling of renovation to minimize exposure.

(s) Relevant Federal, State, and local regu-latory requirements, procedures and standards, including, but not limited to:

(i) Requirements of TSCA Title II.

(ii) National Emission Standards for Haz-ardous Air Pollutants, (40 CFR part 61) sub-parts 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 Stand-ard 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 train-ing and accreditation requirements for per-sons seeking to perform work as project monitors. Project monitors observe abate-ment 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 rec-ommends that a State seeking to accredit in-dividuals as project monitors consider adopt-ing a minimum 5–day training course cov-ering the topics outlined below. The course outlined below consists of lectures and dem-onstrations, at least 6 hours of hands-on training, course review, and a written exam-ination. 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 activi-ties (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 fol-lowing topics:

(a) Roles and responsibilities of the project monitor. Definition and responsibilities of the project monitor, including regulatory/speci-fication compliance monitoring, air moni-toring, 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 Indus-try 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 ba-sics, building physical plan layout; under-standing building systems (HVAC, electrical, etc.); layout and organization, where asbes-tos is likely to be found on building systems;

renovations and the effect of asbestos abate-ment on building systems.

(e) Asbestos abatement contracts, specifica-tions, 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 re-sponsibilities and authority of project mon-itor.

(f) Response actions and abatement practices.

Pre-work inspections; pre-work consider-ations, precleaning of the work area, re-moval of furniture, fixtures, and equipment;

shutdown/modification of building systems;

construction and maintenance of contain-ment barriers, proper demarcation of work areas; work area entry/exit, hygiene prac-tices; determining the effectiveness of air fil-tration equipment; techniques for mini-mizing fiber release, wet methods, contin-uous cleaning; abatement methods other than removal; abatement area clean-up pro-cedures; waste transport and disposal proce-dures; contingency planning for emergency response.

(g) Asbestos abatement equipment. Typical equipment found on an abatement project;

air filtration devices, vacuum systems, nega-tive pressure differential monitoring; HEPA filtration units, theory of filtration, design/ construction of HEPA filtration units, quali-tative 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 se-lection of respiratory protection; classes and characteristics of respirator types, limita-tions of respirators; proper use of other safe-ty 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 vol-ume), flow regulating devices (critical and limiting orifices), use of fibrous aerosol mon-itors on abatement projects; sampling media, types of filters, types of cassettes, fil-ter orientation, storage and shipment of fil-ters; calibration techniques, primary cali-bration standards, secondary calibration standards, temperature/pressure effects, fre-quency of calibration, recordkeeping and field work documentation, calculations; air sample analysis, techniques available and limitations of AHERA on their use, trans-mission 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 mi-croscopy (background to sample preparation, and AHERA’s limits on the use of phase con-trast microscopy), what each technique measures; analytical methodologies, AHERA TEM protocol, NIOSH 7400, OSHA reference method (non clearance), EPA recommenda-tion for clearance (TEM); sampling strate-gies for clearance monitoring, types of air samples (personal breathing zone v. fixed-station area) sampling location and objec-tives (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, se-lection of sampling locations, period of sam-pling, 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 asbes-tos. Confined-space entry, electrical hazards, fire and explosion concerns, ladders and scaf-folding, heat stress, air contaminants other than asbestos, fall hazards, hazardous mate-rials on abatement projects.

(k) Conducting visual inspections. Inspec-tions during abatement, visual inspections using the ASTM E1368 document; conducting inspections for completeness of removal; dis-cussion of ‘‘how clean is clean?’’

(l) Legal responsibilities and liabilities of project monitors. Specification enforcement capabilities; regulatory enforcement; licens-ing; powers delegated to project monitors through contract documents.

(m) Recordkeeping and report writing. Devel-oping project logs/daily logs (what should be included, who sees them); final report prepa-ration; recordkeeping under Federal regula-tions.

(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, specifica-tions, and drawings and then being asked to answer questions and make recommenda-tions to a project architect, engineer or to the building owner based on given conditions and these documents.

Air monitoring strategies/asbestos abate-ment equipment: This workshop could con-sist of simulated abatement sites for which sampling strategies would have to be devel-oped (i.e., occupied buildings, industrial situ-ations). Through demonstrations and exhi-bition, the project monitor may also be able to gain a better understanding of the func-tion of various pieces of equipment used on abatement projects (air filtration units, water filtration units, negative pressure monitoring devices, sampling pump calibra-tion devices, etc.).

Conducting visual inspections: This work-shop 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 stimu-late a person’s recall of the area. This work-shop could consist of a series of two or three videos with different site conditions and dif-ferent 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 exam-ination 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 dis-cipline 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 examina-tions, have providers of training courses de-velop examinations, or use standardized ex-aminations developed for purposes of accred-itation under TSCA Title II. In addition, States may supplement standardized exami-nations with questions about State regula-tions. States may obtain commercially de-veloped 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-vali-dated testing instruments, which may be beneficial in terms of both promoting com-petency and in fostering accreditation reci-procity 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 exam-ination, and fulfills whatever other require-ments the State imposes must receive an ac-creditation certificate in a specific dis-cipline. Whether a State directly issues ac-creditation certificates, or authorizes train-ing providers to issue accreditation certifi-cates, each certificate issued to an accred-ited person must contain the following min-imum information:

a. A unique certificate number

b. Name of accredited person

c. Discipline of the training course com-pleted.

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 num-ber 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 accredi-tation certificates with all of the above in-formation, except the examination date may be omitted if a State does not require a re-fresher 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-iden-tification cards. Where this applies, EPA rec-ommends that the State licenses should in-clude all of the same information required for the accreditation certificates. A State may also choose to issue photo-identifica-tion cards in addition to the required accred-itation 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 train-ing as a requirement for reaccreditation as indicated below:

1. Workers: One full day of refresher train-ing.

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…