A.
Harmony. These rules attempt to be consistent with federal
asbestos rules and regulations established by OSHA and US EPA. However,
regulations established by OSHA and EPA are inconsistent, therefore these rules
can not be entirely consistent with both agencies. These rules are promulgated
with the welfare of the general public and the environment as a highest concern
and are intended to promote safe and proper asbestos management in Maine. No
provision of this rule shall be construed to pre-empt or supersede any other
provision established under another statute or jurisdiction.
B.
Regulations Incorporated. The
following federal rules and regulations of the US EPA are incorporated by
reference herein as Maine Department of Environmental Protection,
Asbestos Management Regulations, 06-096 CMR
425:
(1) Asbestos-Containing Materials in Schools
rule; 40 CFR, Part
763, Subpart E (effective December 14, 1987); and
(2) US EPA Asbestos Model Accreditation Plan;
Interim Final Rule, 59 FR
5236-
5260 (effective April 4, 1994), Appendix C to
Subpart E of 40 CFR Part
763 "Asbestos-Containing Materials in Schools" rule
(effective December 14, 1987).
C.
Applicability. The
applicability of each rule and regulation incorporated herein by reference is
outlined below.
(1) Subpart E of the
Asbestos-Containing Materials in Schools rule ( 40 CFR, Part
763 ). This rule
is applicable to Local Education Agencies (LEAs) in Maine. This federal
regulation establishes ongoing inspection and management criteria for asbestos
in schools and is not applicable to any other facilities in Maine.
(2) Interim Final Rule, 59 FR
5236-
5260,
Appendix C to Subpart E of the Asbestos-Containing Materials in Schools rule (
40 CFR, Part
763 ). This rule establishes minimal training course and training
provider requirements for persons seeking state certification and applies to
all persons conducting asbestos abatement activities who may seek state
certification in Maine, as well as training providers offering asbestos
training courses.
D.
Substitution of Definitions. The provisions of federal regulation
that are incorporated by reference into this rule can be understood in terms of
State law by making the following substitution in terms utilized therein:
"EPA" means the "Maine Department of Environmental Protection
(DEPARTMENT)";
"Regional Administrator" and "Director" means the "Board of
Environmental Protection or its designated representative"; and
"Definitions" shall mean the definition of each term as it
applies to the applicable law, regulation, or rule in which the definition is
found. Defined terms are therefore specific to the regulation, law, or rule in
which they are found and not meant to be generic in nature.
E.
Conflict of Federal and State Law.
Where the provisions and/or terms of the federal rules and/or
regulations incorporated by reference into this rule differ from or are
inconsistent with other terms and/or provisions of this rule, the term and/or
provision of the more stringent rule shall apply.
