FA813224Q0030 Att 2 Oklahoma Asbestos Control Act - Abatement of Friable Asbestos Materials Rules (14 Jan 2019 86 pgs).pdf

Oklahoma Department of Labor Oklahoma Asbestos Control Act

40 O.S. § 450, et seq.

Abatement of Friable Asbestos

Materials Rules

OAC 380:50

Current as of January 14, 2019

Leslie Osborn Commissioner of Labor

This publication is issued by the Oklahoma Department of Labor as authorized by

Labor Commissioner Leslie Osborn. Copies have not been printed but are available through the agency website. The publisher of this booklet does not warrant the correctness of the information contained in this booklet. The “official” version of the Oklahoma Administrative Code must be obtained from the Office of

Administrative Rules, Oklahoma Secretary of State, 405-521-4911, www.sos.ok.gov.

http://www.sos.ok.gov/

40 O.S. § 450, et seq.

Abatement of Friable Asbestos Materials Rules

OAC 380:50

Table of Contents

Oklahoma Asbestos Control Act

40 O.S. § 450 Short Title

40 O.S. § 451 Definitions

40 O.S. § 452 License Required – Fee – Exemptions

40 O.S. § 453 Powers and Duties of Commissioner

40 O.S. § 454 Suspension, Revocation or Refusal to Issue License –

Hearing – Appeal

40 O.S. § 455 Inspections and Investigations

40 O.S. § 456 Violations – Penalties – Injunction

Abatement of Friable Asbestos Materials Rules

SUBCHAPTER 1. GENERAL PROVISIONS

380:50-1-2. Definitions

SUBCHAPTER 3. ADOPTION OF STANDARDS

380:50-3-1. Adoption of national standards

380:50-3-2. Other contractor requirements

380:50-3-3. Supremacy of conflicting requirements

SUBCHAPTER 4. PROJECT DESIGN REQUIREMENTS

380:50-4-1. General requirements

380:50-4-2. AHERA project design requirements

380:50-4-3. Non-AHERA project design requirements

380:50-4-4. O&M project design requirements

SUBCHAPTER 5. CONTRACTOR, SUPERVISOR, AND WORKER LICENSING

AND REQUIREMENTS

380:50-5-5. Licensing of asbestos abatement contractors

380:50-5-6. Licensing of operation and maintenance (O&M) contractors [REVOKED]

380:50-5-7. Licensing of operation and maintenance (O&M) workers [REVOKED]

380:50-5-8. Licensing of asbestos abatement supervisors

380:50-5-9. Licensing of asbestos abatement workers

380:50-5-10. Licensing of AHERA asbestos inspectors

380:50-5-11. Licensing of AHERA asbestos management planners .. 19

380:50-5-12. Licensing of AHERA project designers

SUBCHAPTER 6. TRAINING REQUIREMENTS

380:50-6-1. Applicability

380:50-6-2. Initial training for asbestos workers

380:50-6-3. Initial training for asbestos contractors and supervisors

380:50-6-4. Initial training for asbestos inspectors

380:50-6-5. Initial training for asbestos management planners

380:50-6-6. Initial training for asbestos project designers

380:50-6-7. Examinations for asbestos workers

380:50-6-8. Examinations for asbestos supervisors

380:50-6-9. Examinations for asbestos inspectors

380:50-6-10. Examinations for asbestos management planners

380:50-6-11. Examinations for asbestos project designers

380:50-6-12. Refresher training

380:50-6-13. Approval of asbestos training courses

380:50-6-14. Reciprocity

380:50-6-15. Foreign language courses

380:50-6-16. Recordkeeping Requirements

SUBCHAPTER 7. VIOLATIONS

380:50-7-1. Violations

380:50-7-2. Violations and revocation of accreditation

380:50-7-3. Fines

SUBCHAPTER 9. CONTRACTOR PROCEDURES

380:50-9-1. Contractor notification

380:50-9-2. Emergency notification

380:50-9-3. Authorization to proceed

380:50-9-5. Notification of hazards

380:50-9-6. Re-notification requirements

380:50-9-7. Waste shipment records

SUBCHAPTER 11. LABORATORY REQUIREMENTS

380:50-11-1. Daily air monitoring requirements

380:50-11-2. Clean-test requirements

380:50-11-3. Sampling and monitoring requirements

380:50-11-4. Microscope requirements

380:50-11-5. Technician's requirements

380:50-11-7. Third party monitoring requirements for private contractors

SUBCHAPTER 13. GLOVEBAG OPERATIONS

380:50-13-1. General requirements

SUBCHAPTER 14. OPERATION AND MAINTENANCE PROCEDURES

380:50-14-1. General operation and maintenance requirements

380:50-14-2. Approval procedures

SUBCHAPTER 15. WORKER AND WORK AREA PROTECTION

380:50-15-1. Contractor responsibility

380:50-15-2. Respirator requirements

380:50-15-5. Pressure-demand supplied-air respirators

380:50-15-6. Body covering requirements

380:50-15-7. Clean room requirements

380:50-15-8. Decontamination procedures

380:50-15-9. Worker activity prohibition

380:50-15-12. Decontamination facility preparation

380:50-15-13. Emergency exits

380:50-15-14. Fire extinguishers

380:50-15-16. Smoking prohibition

SUBCHAPTER 17. MINIMUM ABATEMENT STANDARDS

380:50-17-1. Contractor's scope of work

380:50-17-2. Materials requirements for asbestos abatement

380:50-17-3. Equipment requirements for asbestos abatement

380:50-17-4. Preparation of asbestos abatement work areas

380:50-17-5. Asbestos removal procedures

380:50-17-6. Asbestos encapsulation procedures

380:50-17-7. Asbestos abatement enclosure procedures

380:50-17-8. Asbestos abatement cleanup procedures

380:50-17-9. Asbestos disposal procedures

380:50-17-10. Re-establishment of the work area and systems

380:50-17-11. Salvaged equipment and material

380:50-17-12. Abatement activities in occupied areas

380:50-17-13. Industrial applications of rules

380:50-17-14. Demolition procedures

SUBCHAPTER 19. VARIANCES

380:50-19-1. Request for variance

SUBCHAPTER 23. MISCELLANEOUS FRIABLE ASBESTOS MATERIAL

ABATEMENT PROCEDURES

380:50-23-1. Vinyl-asbestos floor tile and sheet flooring abatement requirements

380:50-23-2. Asbestos-containing duct tape abatement requirements

380:50-23-3. Asbestos-containing ceiling tile abatement procedures

380:50-23-4. Asbestos-containing ceiling texturing procedures

SUBCHAPTER 25. CONTRACTOR WORK FEE

380:50-25-1. Contractor fee

380:50-25-2. Payment requirements

380:50-25-3. Public entity exemption from fees

380:50-25-4. Industrial exemption from fees

SUBCHAPTER 27. INDUSTRIAL EXEMPTIONS

380:50-27-1. Industrial Exemption

SUBCHAPTER 29. IMPLEMENTATION DATES

380:50-29-1 Implementation dates

40 O.S. § 450 Short Title

Sections 265 through 270 of this act shall be known and may be cited as the

"Oklahoma Asbestos Control Act".

40 O.S. § 451 Definitions

As used in the Oklahoma Asbestos Control Act:

1. "Friable asbestos material" means any material that contains asbestos of more than one percent (1%) or more that can be crumbled, pulverized or reduced to powder by hand pressure;

2. "Friable asbestos material abatement" means the removal, encapsulation or enclosure of friable asbestos containing material;

3. "Friable asbestos material encapsulation" means the application of a bonding agent called a sealant, which penetrates and hardens the asbestos material or covers the surface of the material with a protective coating, thus preventing fiber release from the asbestos material;

4. "Friable asbestos material removal" means the actual physical removal of any friable asbestos containing material from a facility, when the asbestos is either attached to or detached from any device or structure;

5. "Contractor" means any public or private entity that engages in friable asbestos containing material abatement in any facility in this state except private residences or apartment houses of less than six family units;

6. "Commissioner" means the Commissioner of Labor.

40 O.S. § 452 License Required – Fee – Exemptions

A. No contractor shall abate any friable material containing asbestos without having first obtained a license to do so from the Commissioner of Labor. The Commissioner shall issue an asbestos abatement license to a qualified contractor upon proper application, as determined by the

Commissioner. The Commissioner of Labor may promulgate rules establishing a schedule of administrative fees for the application, licensing, examination, certification of asbestos abatement contractors and workers employed by a contractor for asbestos abatement, as well as a fee to be paid by contractors to the Department of Labor for each separate containment area, glovebag, or miniature containment area of any asbestos abatement project. The fees stated in this section on the effective date of this act shall remain in effect until such rules become effective, at which time the fees stated in this section shall be superseded by rule. The annual fee for such license shall be Five

Hundred Dollars ($500.00). The fee shall be deposited into the

Department of Labor Revolving Fund. A nonrefundable initial application fee of One Thousand Dollars ($1,000.00) shall be charged and deposited into the Department of Labor Revolving Fund. The

Commissioner may deny a license to applicants whose past abatement performance for abatement of friable asbestos does not comply with federal and other states' requirements. A minimum waiting period shall be established at the discretion of the Commissioner of Labor and will be required before issuance of a license to permit the Commissioner to perform a work performance investigation of the applicant.

The annual fee for examining and certifying workers employed by a contractor for asbestos abatement shall be Twenty-five Dollars

($25.00). The fee shall be deposited in the Department of Labor

Revolving Fund. Uncertified workers shall not be used on any asbestos abatement projects.

B. The state and political subdivisions thereof, counties and political subdivisions thereof and municipalities and political subdivisions thereof, and their supervisors and employees, shall not be exempt from any certification fees required by this section when such entities act as a contractor.

C. A fee of Six Hundred Dollars ($600.00) shall be paid by contractors to the Department of Labor for each separate containment area of any asbestos abatement project. The fee collected shall be deposited by the Department of Labor into the Department of Labor Revolving Fund.

There shall be a minimum number of inspections of each containment area as deemed necessary by the Commissioner of Labor. For projects which are not a part of a definite containment area, or are performed with multiple glovebags or miniature containments, a fee of Two

Hundred Dollars ($200.00), plus Five Dollars ($5.00) per such glovebag or miniature containment, shall be paid to the Department of

Labor for deposit into the Department of Labor Revolving Fund.

Asbestos abatement projects performed on properties owned by the state or any political subdivision thereof shall not be exempt from this fee.

D. Any asbestos abatement contractor transporting asbestos-containing material shall be required to provide to the Commissioner a Certificate of Insurance by a carrier licensed to do business in the State of

Oklahoma demonstrating a minimum of One Million Dollars

($1,000,000.00) of environmental impairment insurance.

E. No state agency or political subdivision thereof, county or political subdivision thereof, or municipalities or political subdivisions thereof shall solicit or receive any estimate or bid for abatement of asbestos from any person or party who is not a licensed asbestos abatement contractor.

40 O.S. § 453 Powers and Duties of Commissioner

A. The Commissioner of Labor shall have the power and duty to:

1. Develop and promulgate rules for the abatement of friable asbestos materials which shall be consistent with general industry standards;

2. Instruct and examine contractors, employees and supervisors on the safe abatement of friable asbestos materials;

3. Hire sufficient personnel to carry out the provisions of this act consistent with funds allocated and full-time-equivalent employees authorized;

4. Inspect all asbestos abatement projects, to issue, modify and revoke orders; to issue cease and desist orders; and to require mandamus and seek injunctive relief for enforcement of orders;

5. Inspect public buildings for the presence of friable asbestos materials;

6. Collect samples to determine the presence and condition of friable asbestos materials in public buildings;

7. Recommend appropriate abatement measures for friable asbestos materials in public buildings;

8. Make and enter into all contracts and agreements necessary or incidental to the performance of the Department's duties and the execution of its powers under the Oklahoma Asbestos Control

Act including, but not limited to, contracts with the United

States, other states, agencies, and political subdivisions of this state;

9. Accept grants from the United States government, its agencies and instrumentalities, and any other source. To these ends, the

Department shall have the power to comply with such conditions and execute such agreements as may be necessary and desirable;

10. Supervise, administer, and enforce the provisions of the

Oklahoma Asbestos Control Act rules promulgated thereunder;

11. Hold hearings;

12. Institute legal proceedings, including suits for injunctions for the enforcement of his orders, rules, and for the enforcement of penalties;

13. Investigate any violations of the Oklahoma Asbestos Control Act;

14. Exercise all incidental powers which are necessary to carry out the provisions of the Oklahoma Asbestos Control Act; and

15. To perform such other duties as the Commissioner of Labor may determine are essential to the protection of health from hazards posed by friable asbestos materials.

B. The violations of any rule shall be grounds for the Commissioner to evoke any penalties set forth in Section 456 of this title.

C. The Commissioner of Labor shall be the primary authority regarding the regulation of asbestos abatement in the State of Oklahoma at the abatement site through the completion of the on-site abatement.

40 O.S. § 454 Suspension, Revocation or Refusal to Issue License –

Hearing – Appeal

If the Commissioner finds that a contractor has violated any of the provisions of the Oklahoma Asbestos Control Act or any rule promulgated pursuant to the Oklahoma Asbestos Control Act, the Commissioner may suspend, revoke or refuse to issue the license of the contractor after a hearing held for such purpose. Such hearing shall be held within thirty (30) days after written notice has been sent to the contractor by certified mail. If, after such hearing, the Commissioner finds cause to suspend, revoke or refuse to issue a license, the contractor shall be given written notice of the decision of the Commissioner and the basis therefor. The decision shall become final at the end of thirty (30) days from the date of such notice, unless appealed to the district court. All appeals from the Commissioner's order shall be taken in the manner prescribed by law.

40 O.S. § 455 Inspections and Investigations

The Commissioner of Labor or an authorized representative shall have the power and authority to enter at reasonable times upon any property for the purpose of inspecting and investigating contractors relating to the abatement of any friable material containing asbestos pursuant to the

Oklahoma Asbestos Control Act.

40 O.S. § 456 Violations – Penalties – Injunction

A. In addition to any administrative or civil penalty, any person who violates any of the provisions of the Oklahoma Asbestos Control Act or who violates any rule or order promulgated pursuant thereto shall be guilty of a misdemeanor and may be enjoined from continuing such action. Upon conviction thereof, the violator shall be punished by imprisonment in the county jail for not more than six (6) months or by a fine of not less than One Hundred Dollars ($100.00), or both such fine and imprisonment. Each day's violations shall constitute a separate violation.

B. The Attorney General shall, upon request of the Commissioner, bring an action for injunction against any person violating any provision of the Oklahoma Asbestos Control Act or violating any order or determination of the Commissioner. In any action for injunction, any finding of the Commissioner, after notice, shall be prima facie evidence of the facts found therein.

C. A district attorney, upon request of the Commissioner, shall prosecute any violation of the Oklahoma Asbestos Control Act.

D. The Commissioner of Labor may promulgate rules establishing a schedule of administrative penalties and fines for violations of the

Oklahoma Asbestos Control Act which may be in addition to or in lieu of the criminal penalties provided in this section. The promulgation of an administrative fine schedule shall grant the Commissioner authority to impose those administrative fines for any violation of the Oklahoma

Asbestos Control Act. Funds collected as payment from a violator for administrative fines imposed for a violation of the Oklahoma Asbestos

Control Act shall be deposited to the Department of Labor

Administrative Penalty Revolving Fund created in Section 3 of this act.

Abatement of Friable Asbestos Materials Rules

SUBCHAPTER 1. GENERAL PROVISIONS

380:50-1-2. Definitions

The following words and terms, when used in this chapter, shall have the following meanings, unless the context clearly indicates otherwise.

“Abatement crew” means the workers on an asbestos abatement project at any given time.

“ACBM” means asbestos-containing building material.

“ACM” means asbestos-containing material.

“Accredited or accreditation” means, when referring to a person or a laboratory, that such a person or laboratory has met the training, experience, and/or quality control requirements to perform work in accordance with AHERA.

"Aggressive method" means removal or disturbance of building material by sanding, abrading, grinding or other method that breaks, crumbles, or disintegrates intact ACM.

“AHERA” means the Asbestos Hazard Emergency Response Act, 15

U.S.C. Chapter 53, Subchapter II, Sections 2641 et seq., as amended, and 40 CFR Chapter I, Subchapter R, Part 763, Subpart E - Asbestos-Containing

Materials in Schools, as amended, including appendices.

“AHERA abatement project designer” means a person who develops plans and specifications for the abatement of asbestos. For the purposes of this Chapter, abatement project designers will be considered to be a category of contractors.

“AHERA inspector” means a person trained to do on-site inspections for local education authorities to comply with AHERA. For purposes of this Chapter, AHERA inspectors will be considered to be a category of asbestos workers.

“AHERA management planner” means a person who develops management plans for local education authorities to comply with AHERA.

For the purposes of this Chapter, management planners will be considered a category of contractors.

“AIHA” means the American Industrial Hygiene Association.

"Amended water" means water to which surfactant (wetting agent) has been added to increase the ability of the liquid to penetrate ACM.

“Asbestos” means chrysotile, amosite, crocidolite, tremolite asbestos, anthophylite asbestos, actinolite asbestos, and any of these minerals that has been chemically treated and/or altered. For purposes of this Chapter, "asbestos" includes presumed asbestos containing material (PACM).

“Asbestos-containing material (ACM)” means any material containing more than one percent (1%) asbestos.

“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 or commercial facility.

“Asbestos fiber” means any fiber of chrysotile, amosite, crocidolite, tremolite, anthophylite, and actinolite five micrometers or longer, and with an aspect ratio of greater than three-to-one.

“Asbestos hauler” means a person who transports asbestos containing materials from abatement projects for hire. For purposes of this Chapter, asbestos haulers will be considered to be asbestos abatement contractors, and their employees to be asbestos abatement workers, and shall be required to be licensed as such.

“Category I nonfriable asbestos-containing material (ACM)” means asbestos-containing packings, gaskets, resilient floor covering, and asphalt roofing products containing more than one percent (1%) asbestos as determined using the method specified in Appendix E, Subpart E, 40 CFR Part 763, Section 1, Polarized Light Microscopy.

“Category II nonfriable ACM” means any material, excluding Category

I non-friable ACM, containing more than one percent (1%) asbestos as determined using the method specified in Appendix E, Subpart E, 40 CFR

Part 763, Section 1, Polarized Light Microscopy that, when dry cannot be crumbled, pulverized, or reduced to powder by hand pressure.

"Class III asbestos work" means repair and maintenance operations where ACM, including TSI and surfacing ACM and PACM, is likely to be disturbed. For the purposes of this Chapter, Class III asbestos work shall be considered the same as small scale, short duration (SSSD) and O&M work activities.

“Clean room” means an asbestos-free section of a decontamination facility which is intended for workers to change from street clothes to protective clothing prior to asbestos abatement activities.

"Closely resemble" means that the major workplace conditions which have contributed to the level of historic asbestos exposure, are no more protective than conditions of the current workplace.

“Commissioner”, as used herein, means the Commissioner of Labor, or employees of the Oklahoma State Department of Labor appointed to act on behalf of the Commissioner.

"Competent person" means, in addition to the definition in 29 CFR

1926.32(f), one who is capable of identifying existing asbestos hazards in the workplace and selecting the appropriate control strategy for asbestos exposure, who has the authority to take prompt corrective measure to eliminate them, as specified in 29 CFR 1926.32(f). In addition, for Class I and Class II work who is specially trained in a training course which meets the criteria of EPA's Model Accreditation Plan (40 CFR 763) for asbestos supervisor, or its equivalent and, for Class III and Class IV work, who is trained in a manner consistent with EPA requirements for training of local education agency maintenance and custodial staff as set forth at 40 CFR 763.92(a)(2).

“Containment” means an area which has been isolated from the environment through negative air pressure, physical barriers, and/or other means, and in which asbestos abatement is intended to take place.

Containments will ordinarily have an attached decontamination system which is considered a part of the containment.

“Critical barrier” means a temporary closure, usually of polyethylene sheeting or other impervious material, and excluding wall, floor, or ceiling covering, of any opening that would otherwise allow the transfer of asbestos fibers from the containment to the outside environment.

"Demolition" means the wrecking or taking out of any load-supporting structural member of a facility and any related razing, removing, or stripping of asbestos products.

“Dirty room” means a chamber of a decontamination unit connecting the asbestos abatement area to the shower. The dirty room is for removal of contaminated or potentially contaminated protective clothing prior to entering the shower. The dirty room shall be a minimum of twelve (12) square feet and shall be built large enough to accommodate the decontamination of work equipment.

"Disturbance" means activities that disrupt the matrix of ACM or PACM, crumble or pulverize ACM or PACM, or generate visible debris from ACM or

PACM. Disturbance includes cutting away small amounts of ACM or PACM, no greater than the amount which can be contained in one standard sized glovebag or waste bag in order to access a building component. In no event shall the amount of ACM or PACM so disturbed exceed that which can be contained in one glovebag or waste bag which shall not exceed 60 inches in length and width.

“DOL” means the Oklahoma State Department of Labor.

“DOT” means the Oklahoma State Department of Transportation.

“EPA” means the United States Environmental Protection Agency.

“Enclosure” means an airtight, impermeable, permanent barrier around asbestos-containing materials to prevent the release of asbestos fibers into the air.

"Facility" means something that is built, installed, or established to serve a particular purpose.

"Friable asbestos-containing material (ACM)" means any material containing more than one percent (1%) 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.

“GFI” means electrical ground fault circuit interrupter.

“Glovebag” means a commercially prepared device that is not more than a 60 x 60 inch impervious plastic bag-like enclosure affixed around an asbestos-containing material, with glove-like appendages through which material and tools may be handled and which, when attached and used in a proper manner, will prevent the release of asbestos fibers. For purposes of these Rules, a rigid box with armholes and attached sleeves will be considered to be the same as a glovebag, and the use of such a box in a single location will be considered to be equivalent of the use of one glovebag.

"Grinding" means to reduce to powder or small fragments and includes mechanical chipping or drilling.

“HEPA” means high-efficiency particulate air.

“Inspection” Those activities undertaken to specifically determine the presence or location, or to assess the condition of , friable or non-friable

ACM whether by visual or physical examination, or by collecting samples of suspect material.

“Load-out” means two chambers of a containment area which are used to decontaminate disposal bags, barrels, and equipment prior to removal from containment.

“Major fiber release episodes” 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.

“Mini-containment” means a small enclosure intended to isolate a small-scale abatement procedure from the environment through negative air pressure, physical barriers, and/or other means. Mini containments will ordinarily not have an attached decontamination system.

"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.

“NESHAP” means the National Emission Standards for Hazardous Air Pollutants, EPA regulation 40 CFR part 61, latest edition.

“NIOSH” means the National Institute for Occupational Safety and

Health.

“OAP” means Oklahoma Accreditation Plan.

“Operation and maintenance” means a program of work practices to maintain friable ACBM in good condition, ensure cleanup of asbestos fibers previously released, and prevent further release by minimizing and controlling friable ACBM disturbance or damage. The scope of operations and maintenance activities shall be defined in a program for a specific school facility, and shall be approved by the Commissioner. In no case shall operations and maintenance exceed the amount of ACM or PACM which can be contained in one (1) glovebag or waste bag which shall not exceed 60 inches in length and width. For the purposes of this Chapter, operation and maintenance work shall be considered the same as small-scale short duration (SSSD) asbestos activities and Class III asbestos work.

“OSHA” means the Occupational Safety and Health Administration of the United States Department of Labor.

"PACM" means presumed asbestos-containing material.

"PEL" means permissible exposure level. For the purposes of this

Chapter, the PEL is .01 fibers per cubic centimeter (f/cc).

“Poly” means polyethylene sheeting.

“Private contractor” means an asbestos abatement contractor, AHERA management planner, or AHERA project designer who is a proprietorship, partnership, or corporation operating for profit, or employed by and on behalf of a private, non-profit corporation, trust, charity, or religious organization.

“Proprietary contractor” means an owner or operator who holds and asbestos abatement contractor's license for use strictly on the owned or operated property.

“Public and commercial facility” 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 four (4) units or detached single-family homes. The term includes, but is not limited to: industrial and office buildings, residential apartment buildings and condominiums of four

(4) 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.

“Public contractor” means an asbestos abatement contractor, AHERA management planner, or AHERA project designer working specifically for, and on behalf of, a political subdivision of the State of Oklahoma.

“RACM” means regulated asbestos-containing materials.

"Regulated area" means a demarcated area where asbestos work or response actions are conducted, any adjoining area where debris and waste from such asbestos work or response actions accumulate, and a work area within which airborne concentrations of asbestos exceed or there is a reasonable possibility they may exceed the permissible exposure limit.

“Regulated asbestos-containing materials (RACM)” means friable asbestos-containing material, Category I nonfriable ACM that has become friable, Category I nonfriable ACM that will be or has been subjected to sanding, grinding, cutting, or abrading, or Category II nonfriable ACM that has a high probability of becoming, or has become crumbled, pulverized, or reduced to powder by forces expected to act on the material in the course of demolition, renovation, or abatement operations regulated by these Rules.

“Reinforced poly” means polyethylene sheeting reinforced with nylon strands.

“Response action” means a method, including removal, encapsulation, enclosure, repair, and operations and maintenance, that protects human health and the environment from friable asbestos-containing materials.

"School building" means:

A. Any structure suitable for use as a classroom, including a school facility such as a laboratory, library, school eating facility, or facility used for the preparation of food;

B. Any gymnasium or other facility which is specially designed for athletic or recreational activities for an academic course in physical education;

C. Any other facility used for the instruction or housing of students or for the administration of educational or research programs;

D. Any maintenance, storage, or utility facility, including any hallway, essential to the operation of any facility described in this definition of "school building" under paragraphs (A), (B), or

(C);

E. Any portico or covered exterior hallway or walkway; or

F. Any exterior portion of a mechanical system used to condition interior space.

“Shift” means a scheduled period of work by a given group of Workers, usually, but not limited to, eight (8) hours.

“Small-scale, short duration (SSSD) activities” means tasks such as, but not limited to removal of asbestos-containing insulation material on pipes, removal of small quantities of asbestos-containing insulation on beams or above ceilings, replacement of asbestos-containing gaskets on valves, installation or removal of a small section of drywall, installation of wiring or electrical conduits through or proximate to asbestos-containing materials, removal of small quantities of ACM only if required in the performance of another maintenance activity not intended as asbestos abatement, removal of asbestos-containing thermal system insulation not to exceed amounts greater than those which can be contained in a single glovebag, minor repairs to damaged thermal system insulation which do not require removal, repairs to a piece of asbestos-containing wallboard, or 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. For the purposes of this Chapter, SSSD asbestos activities shall be considered the same as Class III asbestos work and O&M work.

“Supervisor” means a person or persons at an abatement site with project oversight and worker management responsibilities. For purposes of this Chapter, supervisors will be considered to be a category of abatement worker.

“Third party air monitor” means an air monitoring laboratory which shares no partners or owners, if a proprietorship, or officers if a corporation, with the contractor for whom monitoring is being performed.

“Wetted” means the application of amended water solution to asbestos-containing materials in sufficient quantities to minimize fiber release. The ACM need not be saturated.

“Worker” means any employee of a contractor, consultant, or air monitoring company, engaged in the abatement of asbestos, or performing a task within an asbestos abatement containment in which direct contact with asbestos is likely.

SUBCHAPTER 3. ADOPTION OF STANDARDS

380:50-3-1. Adoption of national standards

The following National Standards are hereby adopted as they pertain to friable asbestos material abatement. In any instance where adopted standards are in conflict with each other, or with Chapter 380:50, the most stringent shall apply:

a. 29 CFR 1910, General Industry Standards, latest edition, except for Section 1001(c) and (d).

b. 29 CFR 1926, Construction Industry Standards, latest edition, except for Section 1101 (c)(1) and (2).

c. 40 CFR part 61, NESHAP, latest edition.

d. ANSI Z88.2, latest edition.

e. American Conference of Governmental Industrial Hygienists'

Adopted Threshold Limit Value for Heat Stress.

f. 15 U.S.C. Chapter 53, Subchapter II - Asbestos Hazard

Emergency Response, Sections 2641 et seq., as amended, and 40 CFR Chapter I, Subchapter R, Part 763, Subpart E - Asbestos-

Containing Materials in Schools, as amended, including appendices.

380:50-3-2. Other contractor requirements

Contractors will abide by all other applicable laws, rules, and regulations, including but not limited to those relating to:

a. Workers' compensation;

b. Prevailing wage rates;

c. Public contracts;

d. Liability Insurance;

e. EPA, OSHA, DOT, and DOL rules and regulations;

f. Contractors shall abide by the project design, as approved by

DOL.

380:50-3-3. Supremacy of conflicting requirements

In case of any conflict between this Chapter, adopted standards, or owner's specifications, the most stringent shall apply.

SUBCHAPTER 4. PROJECT DESIGN REQUIREMENTS

380:50-4-1. General requirements

(a) No asbestos abatement may begin until a project design for that project, if required, has been approved by DOL.

(b) Project designs shall contain at a minimum:

(1) A statement that DOL Abatement of Friable Asbestos Materials Rules apply.

(2) Sequencing and phasing of work.

(3) Identification of means of egress, a fire protection plan and a diagram for emergency escape routes, and fire extinguisher placements.

(4) The quantity, type, percentage with bulk analysis unless presumed and a diagramed location of asbestos materials to be abated.

(5) Abatement methods, and techniques, and numbers of containments, glovebags or mini-containments.

(6) Details of personal and area air monitoring samples.

(7) Numbers and locations of Clean Test samples and type of analysis to be employed.

(8) Numbers, capacities, a diagram to identify the locations, and discharge points, if any, of negative air machines.

(9) Details of the project containment(s), glovebag or mini-containments, including drawings. Details shall include all applicable subchapters of the Oklahoma Asbestos Control Act, including but not limited to scaffolding requirements and live electric isolation.

(10) Details of the decontamination system(s).

(11) The extent to which asbestos-contaminated soils, if any, must be removed, and the sampling methods of determining the efficacy of such removal.

(12) Special materials or methods required to protect objects in the work area should be detailed, (e.g., plywood over carpeting or hardwood floors to prevent damage from scaffolds and falling material.

(13) Any variances from the Abatement of Friable Asbestos Materials

Rules.

(c) Project designs for enclosure or encapsulation may provide for alternate methods to section 380:50-17-4, with the approval for such alternate methods at the discretion of DOL.

(d) Project designs for industrial sites may be generally performance based specifications, subject to approval by DOL.

380:50-4-2. AHERA project design requirements

Any abatement or response action that takes place in a school which falls under the AHERA regulations, other than small scale-short duration projects, shall have been designed by a licensed Project Designer.

380:50-4-3. Non-AHERA project design requirements

Any abatement that takes place in an area not under the AHERA regulations other than small-scale short duration (SSSD) activities, shall have been designed by a licensed project designer.

380:50-4-4. O&M project design requirements

Any O&M program to be utilized under Subchapter 380:50-14 of these rules, shall have been approved by a licensed project designer.

SUBCHAPTER 5. CONTRACTOR, SUPERVISOR, AND

WORKER LICENSING AND REQUIREMENTS

380:50-5-5. Licensing of asbestos abatement contractors

Licensing requirements for asbestos abatement contractors are as follows:

(1) Applications shall be submitted on forms prescribed by the

Commissioner. Submission of such application shall include a non-refundable one thousand five hundred dollar ($1,500.00) processing fee.

(2) If a contractor's application is accepted, the contractor will be notified by the Commissioner and required to submit at that time the seven hundred fifty dollar ($750.00) license fee. If a contractor fails to provide all required documentation, the application will be denied.

(3) The applicant shall designate a minimum of one, or a maximum of two, responsible parties to be named on the license. Such responsible parties shall have and maintain the training credentials required for licensing. Documentation of satisfactory completion of the required training and all subsequent refresher training shall accompany the application.

(A) In the absence of such responsible party in the employee of the contractor, the contractor will not be allowed to perform asbestos abatement work in the State of Oklahoma.

(B) The responsible party shall have successfully completed and shall have documentation provided for not fewer than two (2) asbestos training courses. One such course shall be an asbestos abatement supervisor's course which fully meets the requirements of Section 380:50-6-3 and 380:50-6-8. The

Commissioner shall maintain updated lists of additional training courses acceptable for licensing.

(C) Responsible parties may be changed or added to the license at any time, by paying a fee of seventy-five dollars ($75.00) per change or addition. Documentation of satisfactory completion of required training and all applicable subsequent re fresher training shall be submitted.

(4) Prior to issuance of the license, the contractor must have a respirator program meeting all requirements of OSHA or DOL, whichever is most stringent.

(5) Licenses shall be issued for a period of one year.

(6) No contractor may perform any asbestos abatement after expiration of the license.

(7) License applicants must be of good character. Conviction for a felony by an applicant, if a proprietor or partner; by an officer, if a corporation; or by a responsible party, shall be grounds for denial of, or revocation of, a contractor's license.

(8) The Commissioner may refuse to issue an asbestos abatement contractor's license to any applicant, if there are records of Notice of Violation (NOV) of NESHAP regulations by the applicant, or any principal, partner, or officer of the applicant's firm or associated firms, as maintained by EPA.

380:50-5-6. Licensing of operation and maintenance (O&M) contractors [REVOKED]

380:50-5-7. Licensing of operation and maintenance (O&M) workers [REVOKED]

380:50-5-8. Licensing of asbestos abatement supervisors

Licensing requirements for asbestos abatement supervisors are as follows:

(1) Applications shall be submitted on forms prescribed by the Commissioner.

(2) The license fee shall be fifty dollars ($50.00) per year.

(3) The license shall be issued for a period not to exceed one year and shall expire concurrently with the asbestos training and subsequent refresher training. There will be no grace period wherein a supervisor will be allowed to work with an expired license.

(4) Asbestos abatement supervisors shall have successfully completed and shall provide documentation for:

(A) an asbestos abatement supervisor's course and all subsequent supervisor refresher training which fully meets the requirements of Section 380:50-6-3 and 380:50-6-8.

(B) a two day, or equivalent, course in confined space entry following the NIOSH curriculum in confined space entry.

(C) the NIOSH 582 course in Analysis of Airborne Asbestos Dust, or equivalent, or a minimum of a two day course in air monitoring techniques.

(D) current cardiopulmonary resuscitation (CPR) training, which may be provided by The National Heart Association, The American

Red Cross, or other approved training provider.

(E) current first aid training, which may be provided by The National

Heart Association, The American Red Cross, or other approved training provider.

(F) six (6) months experience as an asbestos abatement worker on job sites that have been inspected by DOL, including a minimum of six (6) different abatement projects or containments, or one year experience as an asbestos abatement worker and six months as an asbestos abatement supervisor on projects which have not been inspected by DOL.

(5) Licenses shall be issued in the name of the applicant and shall be valid only when working for a licensed contractor.

(6) License cards shall be available at the job site for inspection by the

Department of Labor.

380:50-5-9. Licensing of asbestos abatement workers

Licensing requirements for asbestos abatement workers are as follows:

(1) Applications shall be submitted on forms prescribed by the Commissioner.

(2) The license fee shall be twenty five dollars ($25.00) per year.

(3) The license shall be issued for a period not to exceed one year and shall expire concurrently with the asbestos training and subsequent refresher training. There will be no grace period wherein a worker will be allowed to work with an expired license.

(4) Any worker who has not taken the required refresher course within two years of the previous asbestos worker training or refresher course, shall repeat the asbestos worker training requirements of Section 380:50-6-2 and 380:50-6-7.

(5) Asbestos abatement workers shall have successfully completed and shall provide documentation for an asbestos abatement worker's course and all subsequent worker refresher training which fully meets the requirements of Section 380:50-6-2 and 380:50-6-7.

(6) The licenses shall be issued in the name of the individual applicant and shall be valid only when working for a licensed contractor.

(7) License cards shall be available at the job site for inspection by the Department of Labor.

380:50-5-10. Licensing of AHERA asbestos inspectors

Licensing requirements for AHERA asbestos inspectors are as follows:

(1) Inspection for asbestos-containing materials in any facility under the jurisdiction of Title 40, Sections 450 through 456 shall be performed only by persons who are licensed as AHERA inspectors by the Oklahoma Department of Labor.

(2) AHERA inspectors shall be licensed as a special category of asbestos worker and shall have completed a 24-class-hour course for AHERA

Inspectors and all subsequent asbestos inspector refresher training which fully meet the requirements of Sections 380:50-6-4 and 380:50-

6-9.

(3) Applications shall be submitted on forms prescribed by the

Commissioner.

(4) The license fee shall be fifty dollars ($50.00) per year.

(5) The license shall be issued in the name of the individual applicant.

(6) The license shall be issued for a period not to exceed one year and shall expire concurrently with the asbestos training and subsequent refresher training. There will be no grace period wherein an inspector will be allowed to work with an expired license.

(7) Any inspector who has not taken the required AHERA inspector refresher training course within two years of the previous Inspector training or refresher course, shall repeat the AHERA inspector training requirements of Section 380:50-6-4 and 380:50-6-9.

(8) License cards shall be available at the job site for inspection by the

Department of Labor.

380:50-5-11. Licensing of AHERA asbestos management planners

Licensing requirements for AHERA asbestos management planners are as follows:

(1) Preparation of management plans specifying response actions for asbestos-containing materials in any facility under the jurisdiction of

Title 40, Sections 450 through 456 shall be performed only by persons who are licensed as AHERA management planners by the Oklahoma

Department of Labor.

(2) AHERA Management Planners shall be licensed as a special category of asbestos contractor, shall have a bachelor's degree in a technical subject, or equivalent, and, in addition to the AHERA Inspector training outlined in Section 380:50-5-10(2), shall have completed a 16-hour course for AHERA Asbestos Management Planners which fully meets the requirements of Section 380:50-6-5 and 380:50-6-10.

(3) Applications shall be submitted on forms prescribed by the

Commissioner.

(4) The license fee shall be seven hundred fifty dollars ($750.00) per year.

If the applicant holds a current AHERA project designer license, there shall be no additional fee charged.

(5) The license shall be issued in the name of the individual applicant.

(6) The license shall be issued for a period not to exceed one year and shall expire concurrently with the initial management planner training and subsequent management planner refresher training.

(7) Any management planner who has not taken the required AHERA management planner refresher training course within two years of the previous management planner training or refresher course, shall repeat the AHERA inspector training requirements of Section 380:50- 6-4 and 380:50-6-9.

380:50-5-12. Licensing of AHERA project designers

Licensing requirements for AHERA project designers are as follows:

(1) Preparation of plans and/or specifications for response actions for asbestos-containing materials in any facility under the jurisdiction of

Title 40, Sections 450 through 456 shall be performed only by persons who are licensed as AHERA project designers by the Oklahoma Department of Labor.

(2) AHERA project designers shall have met all requirements for accreditation for asbestos abatement contractor or project designer, and in addition, shall have a bachelor's or advanced degree in architecture, engineering, or industrial hygiene, or an equivalent combination of education, training, and experience as determined by the Commissioner.

(3) Applications shall be submitted on forms prescribed by the Commissioner.

(4) The license fee shall be seven hundred fifty dollars ($750.00) per year.

If the applicant holds a current AHERA management planner license, there shall be no additional fee charged.

(5) The license shall be issued in the name of the individual applicant.

(6) The license shall be issued for a period not to exceed one year and shall expire concurrently with the initial asbestos contractor or project designer training and subsequent projector designer refresher training.

There will be no grace period wherein a project designer will be allowed to work with an expired license.

(7) Any project designer who has not taken the required AHERA project designer refresher training course within two years of the previous initial contractor or project designer training or project designer refresher course, shall repeat the initial project designer training requirements of Section 380:50-6-6 and 380:50-6-11.

SUBCHAPTER 6. TRAINING REQUIREMENTS

380:50-6-1. Applicability

The Oklahoma Accreditation Plan (OAP) specifies separate accreditation requirements for Inspectors, Management Planners, Project

Designers, Contractor/ Supervisors and Abatement Workers. A person must be accredited as a worker who engages in response actions, or performing a task within an asbestos containment in which direct contact with asbestos is likely. A contractor, whether public or private entity, engaging in response actions must be accredited. A person must be accredited who supervises any activity with respect to response actions. All persons who inspect for

ACBM in schools or public and commercial buildings must be accredited. All persons who prepare management plans for asbestos containing materials in any facility under the jurisdiction of Title 40, Sections 450 through 456 shall be accredited. All persons who prepare plans, specifications, and/or project designs for response actions for asbestos containing materials in any facility under the jurisdiction of Title 40, Sections 450 through 456 shall be accredited. The Oklahoma Rules for the Abatement of Friable Materials has provisions for all levels of licensure covered under this OAP. In addition to the requirements of this section, the licensing provisions in Subchapter 5 apply to all persons, except those covered under the industrial exemption of 380:50-27-1.

380:50-6-2. Initial training for asbestos workers

(a) In the State of Oklahoma, anyone seeking accreditation or licensure from the Department of Labor, must obtain their training from an EPA or DOL accredited training provider, including but not limited to educational institution, labor union, or government agency, or from a private vocational education…