06-096 C.M.R. ch. 425, § 4 - License Requirements for Business and Public Entities

A. General License Requirements

(1) Scope. This section sets forth the specific licenses that a business or public entity must obtain prior to engaging in an asbestos abatement activity. This section also sets forth general standards of conduct and specific recordkeeping and other requirements for maintaining each type of license.

(a) A business entity or public entity that engages in an asbestos abatement activity regulated by this rule must hold a valid license as set forth in this section, unless exempted under section 2(E)(2) of this rule.

(b) A business entity or public entity that engages in an asbestos abatement activity in more than one licensing category set forth in this section must hold a valid license in each category.

(c) An individual engaged in asbestos activities regulated by this rule as a sole proprietor must hold both a valid license and a valid certificate.

(d) A business entity or public entity licensed pursuant to this section must ensure and document that each of its employees is trained in, knowledgeable of, and complies with company-specific standard operating procedures and the requirements of this rule, as applicable.

(e) A business or public entity must maintain all required records at their place of business and must make these available to the Department within 24 hours of request. The business or public entity must also have a written plan for maintaining and archiving records, including provisions for records to be retained for seven (7) years, even if the licensee ceases business operations.

(2) Standards of Conduct. Licensees must comply with all State and federal laws and regulations pertaining to asbestos abatement activities, including the conflict of interest provisions of section 2(G) of this rule. Failure to comply with this rule may result in suspension or revocation of a license, denial of an application for renewal, or other enforcement action deemed appropriate by the Department. Licensees must perform their activities in a manner that:

(a) Is in compliance with state-of-the-art professional services generally recognized as acceptable by the asbestos consulting and abatement industries, asbestos professional associations, and government agencies;

(b) Is consistent with current practices taught by Department-licensed Training Providers; and

(c) Based on principles, values, standards, or rules of behavior that guide the decisions, procedures and practices of a licensed entity in a way that contributes to the health and safety of his/her workplace and to all others who may be affected by his/her work.

(3) General Application Requirements and Procedures

(a) An application for a license (including renewal) must be made on forms approved by the Department and must be accompanied by any necessary documentation demonstrating that the licensing requirements of this section have been met.

(b) An application must be submitted with a non-refundable application fee paid in full by a cashier's, certified, or company check or otherDepartment-approved payment methods in the amount set forth in this section.

(c) If an application is incomplete, the Department will either deny it or ask for further information.

(d) If the Department requests further information from an applicant and does not receive it in full within 30 calendar days, the application will be denied.

(e) If the Department, after reviewing an application, determines that the applicant has met the applicable requirements of this section, the Department will approve the application and a license will be issued to the business entity or public entity stating the category in which the entity holds a valid license.

(f) Except as provided at section 4(A)(4)(c) of this rule, an expired license prohibits the business entity or public entity to which it is issued from engaging in the asbestos abatement activity until a current license is obtained.

(4) Annual Renewal and Reapplication Procedures

(a) A license shall expire one year from the date of issuance, except that licenses issued in response to an application submitted within 30 days after the expiration date of a previously issued license will expire one year from the expiration date of the previously issued license.

(b) An applicant may not apply for renewal of a license that has expired more than 30 days.

(c) If a complete application for renewal of a license is received at least 30 calendar days prior to expiration of the license, the license sought to be renewed will not expire until a final decision has been made by the Department. If a complete application for renewal of a license is not received at least 30 calendar days prior to expiration of the license, the license sought to be renewed will expire until a final decision has been made by the Department.

(d) If an application has been denied under this section, the application may be resubmitted only if the applicant addresses in writing each deficiency given in the denial.

(5) Denial of Applications. The Department shall deny an application for a license (including renewal) if the applicant fails to meet the standards established by this rule. Reasons for denial include, but are not limited to:

(a) Failure to submit documentation demonstrating its ability to comply with applicable requirements, procedures, and standards set forth in this rule;

(b) Its employees' or agents' history of incompetence or negligence as determined by the Department based on (a) previous compliance inspection(s), review of operating record(s), or other documents;

(c) Submission of false information on an application;

(d) Submission of an incomplete application;

(e) Failure to submit the required fee; or

(f) Past violation(s) of State or federal laws or regulations pertaining to asbestos abatement activities or asbestos associated activities.

When issuing a denial, the Department may specify a time period not to exceed one year in which the applicant may not re-apply for licensure.

(6) Retention of Records. Records required by this section shall be maintained for at least seven years. Records shall be stored at the licensee's normal place of business or an archive or other facility approved by the Department.

(7) Fees. License applications must be accompanied by a non-refundable fee paid in full by a cashier's, certified, or company check or other Department-accepted method, made payable to the Treasurer, State of Maine, as follows:

(a) Asbestos Abatement Contractor: $650.00

Limited license subcategories include:

(i) Asbestos-containing exterior cementitious materials

(ii) Roofing including transite roof shingles

(iii) Demolition by Large Equipment

(b) Asbestos Consultant: $650.00

Subcategories include:

(i) Monitoring

(ii) Inspection

(iii) Design

(c) Asbestos Analytical Laboratory: $400.00

(d) In house Asbestos Abatement Unit: $650.00

(e) Training Provider: $500.00 or, with prior written Department approval, the equivalent value of training of Department personnel.

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Note: If there are not sufficient funds to cover the check or credit card transaction an insufficient funds fee will be assessed by theDepartment in accordance with State of Maine laws and policies. Until that insufficiency is resolved (by money order or bank check only), theDepartment will not accept any additional checks or credit card transactions from the party including checks associated with project notifications.

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B. Asbestos Abatement Contractor

(1) License Requirements

(a) A business entity engaged in an asbestos abatement activity must hold a valid Asbestos Abatement Contractor license unless exempted under the provisions of section 2(E)(2) of this rule.

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Note: Some activities that may require a valid Asbestos Abatement Contractor license are electric, electronic, plumbing, roofing, siding, flooring, heating, carpentry, masonry, and HVAC activities.

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(b) A licensed Asbestos Abatement Contractor engaged in an asbestos abatement activity under its contractual control is not required to hold an Asbestos Consultant license to design, monitor, or collect air samples if performed by an appropriately-certified asbestos professional in conjunction with an asbestos abatement activity.

(2) Personnel Requirements

(a) A licensed Asbestos Abatement Contractor must have a certified Asbestos Abatement Project Supervisor employed on staff at all times, except that a Limited Asbestos Abatement Contractor may meet this personnel requirement by subcontracting with an Asbestos Project Supervisor, Asbestos Abatement Design Consultant or Asbestos Air Monitor services.

(b) Employees of licensed Asbestos Abatement Contractors who engage in asbestos abatement or associated activities must be certified pursuant to this rule.

(3) Limited Asbestos Abatement Contractor License. The Department may issue a limited license to an Asbestos Abatement Contractor to engage solely in removal of ACM roofing including transite roof shingles, exterior ACM cementitious materials or demolition by large equipment with intact ACM flooring.

(4) Application Requirements. An applicant for Asbestos Abatement Contractor including Limited Licenses must submit information to demonstrate that it meets the requirements of this section and the following:

(a) A written worker protection program, including a respiratory protection program that conforms with the requirements of OSHA's Respiratory Protection Standard 29 CFR 1910.134, (effective April 8, 1998);

(b) A medical monitoring program that conforms to the requirements of OSHA's Asbestos Standard for Construction ( 29 CFR 1926.1101 effective August 10, 1994), which includes the identity of the occupational health clinic utilized, number of employees enrolled in the program, and locations of employee exposure records;

(c) A list of all asbestos associated citations and notices of violation received in the United States during the last five years including the name of the issuing agency or department, the final disposition of such citation or notice, and, if the applicant's principal owner or operator or officer has received an asbestos associated citation or notice while owning or operating another company in the previous five years, a list of those violations;

(d) A list of states in which the applicant holds a license, certification, accreditation, or any other approval for asbestos abatement activity;

(e) A copy of the applicant's standard operating procedures for abatement activities that prevent contamination of a facility and the environment, and that protect the public and employee health from the hazards of exposure to asbestos.; Limited licensees must submit standard operating procedures specific to their activities. Roofing firms who intend to remove transite shingles must submit a specific operating procedure for transite shingle removal;

(f) A copy of the contractor's form for sign-off, by an owner or owner's agent, acknowledging receipt of bulk sampling and project monitoring disclosures;

(g) Proof of access to a licensed asbestos disposal site;

(h) Proof that the applicant's employees engaged in asbestos abatement activities are certified pursuant to the requirements of this rule;

(i) A list of the names of the applicant's owner(s), or operator(s), principal(s), and officer(s);

(j) A list of all other entities performing asbestos abatement activities or asbestos associated activities of which the applicant, owner or operator(s), principals, or officers are an owner or operator, principal or officer;

(k) A list of all names (or acronyms) by which the applicant's firm is known or under which it does business;

(l) Any information requested by the Department for purposes of determining the proficiency and adequacy of the applicant's standard operating procedures;

(m) Proof that at least one employee is a certified Asbestos Abatement Project Supervisor or trained as a competent person for roofing, flooring, exterior cementitious, and demolition by large equipment projects; and

(n) A statement affirming that applicable state asbestos rules and regulations, including the recordkeeping requirements of these rules, will be met.

(5) Recordkeeping Requirements

(a) An Asbestos Abatement Contractor must maintain documents set forth under this section at its principal place of business or at an archive facility approved in advance by the Department, in a form that is easily retrievable by project.

(b) An Asbestos Abatement Contractor must make the following documents available to the Department within 24 hours of request:

(i) The name, address, and Department certification number for each of its employees engaged in asbestos abatement activities, including dates of employment;

(ii) Identification, by name and Department certification number, of each employee's involvement in each of the Asbestos Abatement Contractor's past and present asbestos abatement projects, including name, address, location, and duration of the project;

(iii) Copies of all correspondence between the Asbestos Abatement Contractor or its agent and any asbestos regulatory agency including OSHA, for the previous five years, including but not limited to letters, notices, citations received, and any notifications made by the contractor pursuant to this rule;

(iv) Copies of all project waste manifests required by the federal NESHAP regulations and Maine's Non-Hazardous Waste Transporter Licenses, 06-096 CMR 411;

(v) Copies of Asbestos Consultants' and Asbestos Analytical Laboratories' reports regarding the project design, on-site project monitoring records, and release of the regulated area including documenting the successful completion of the visual evaluation and air clearance sampling requirements; and

(vi) Individual project records specified below.

(c) An Asbestos Abatement Contractor must maintain the following items at the abatement work site throughout the duration of such activity and must make the documents immediately available to the Department upon request:

(i) A copy of Chapter 425, "Asbestos Management Regulations";

(ii) A copy of the site-specific asbestos abatement project design;

(iii) A Department certification card for each on-site employee;

(iv) A daily sign-in log identifying each employee involved in the project by name andDepartment certification number;

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Note: OSHA requires that you also maintain a daily containment log showing time of entry and egress into the regulated area.

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(v) Records of all on-site monitoring, including personal samples required by 29 CFR 1926.1101, and project documentation;

(vi) A copy of the project notification;

(vii) A copy of the Department approval for any non-standard work practice granted in accordance with these regulations; and

(viii) A copy of the form signed by the building owner or owner's agent acknowledging receipt of the bulk sampling and/or project monitoring disclosures.

C. Asbestos Consultant

(1) License Requirement. A business or public entity that engages in the inspection, design, or monitoring of asbestos abatement activities must hold a valid Asbestos Consultant license. Licenses shall specify the function performed.

(2) Personnel Requirements

(a) The Asbestos Consultant firm must have an Asbestos Abatement Design Consultant, Asbestos Inspector, or Asbestos Air Monitor on staff at all times, as applicable for the type(s) of services for which they are licensed.

(b) Each employee of an Asbestos Consultant that engages in the inspection, project design, or monitoring of asbestos abatement activities must be certified pursuant to these rules.

(3) Application Requirements. An applicant for an Asbestos Consultant license must submit sufficient information to demonstrate that he/she meets the general license requirements set forth in this section and the application requirements of Asbestos Abatement Contractor, except that at least one employee must be certified as an Asbestos Inspector if the firm engages in inspection activities, at least one employee must be certified as a Asbestos Design Consultant if the firm engages in project design activities, and at least one employee must be certified as an Asbestos Air Monitor if the firm engages in air monitoring activities.

(4) Recordkeeping Requirements

(a) An Asbestos Consultant is subject to the following contractor recordkeeping requirements 4(B)(5)(a-b) and (i-v), and 4(B)(5)(c)(iii-vi) of this rule to the extent applicable to design, inspection, disclosure, and monitoring, and as further described in sections 4(D)(4)(b-d) of this rule.

(b) An Asbestos Consultant must maintain copies of daily project logs. Past project logs must be maintained at the principal place of business. Current project logs must be kept up-to-date at the project work site. Project logs include, but are not limited to, sign-in sheets, daily project records, monitoring procedures and data, notifications, work practices associated with the asbestos activity, updated project designs indicating any changes made, and non-standard work practice(s).

(c) An Asbestos Consultant must maintain the following records at his/her place of business and make them available within 24 hours of request:

(i) The documents listed in the on-site contractor recordkeeping requirements of these rules as applicable to project monitoring;

(ii) Copies of laboratory reports, monitoring documents, and other project documents that may be generated for a particular activity;

(iii) Copies of all design documents for each activity;

(iv) Copies of standard operating procedures for each activity performed on-site by the Asbestos Consultant; and

(v) Copies of any other documents generated in the course of each asbestos abatement activity.

(d) An Asbestos Consultant must maintain the following documents at the work site:

(i) The documents listed in this section;

(ii) Current project logs specified above; and

(iii) A copy of the form signed by the building owner or owner's agent acknowledging receipt of bulk sampling and/or project monitoring disclosures.

(e) An Asbestos Consultant shall provide an electronic file, or upon request a paper copy, of each three-year reinspection and management plan recommendation report conducted in accordance with the requirements of AHERA to the Local Education Agency (LEA) and the State of Maine Bureau of General Services [BGS] (77 SHS Augusta, ME 04333-0077) within 60 days of completion of each reinspection. The Asbestos Consultant shall notify theDepartment in writing of the re-inspection date and the date the report was sent to the LEA and BGS when the reports are submitted to the LEA and BGS.

D. Asbestos Analytical Laboratory

(1) License Requirement. A business or public entity that qualitatively or quantitatively analyzes samples of solids, liquids, or gases for asbestos fibers, or that analyzes air samples for total fiber count, must be licensed as follows:

(a) An Asbestos Analytical Laboratory performing asbestos bulk, and/or air analysis of samples collected in the State of Maine must hold a valid license for the type of service provided.

(b) An Asbestos Analytical Laboratory whose license encompasses air analysis must use phase contrast microscopy (PCM), transmission electron microscopy (TEM), or another US EPA approved method for the analysis of air samples.

(c) An Asbestos Analytical Laboratory whose license encompasses bulk analysis must use the analytical methods set forth in Section 6(B)(2) of this rule.

(d) An Asbestos Analytical Laboratory that performs air sample analysis must be an active participating laboratory rated proficient by the AIHA's PAT (American Industrial Hygiene Association's Proficiency Analytical Testing) program and must use the analytical methods set forth in Section 8(B)(2)(f) of this rule.

(e) An Asbestos Analytical Laboratory that performs bulk sample analysis must be accredited by the National Voluntary Laboratory Accreditation Program (NVLAP) or be an active participating laboratory rated proficient by AIHA's bulk quality assurance program.

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Note: Samples collected as part of a school project must be analyzed by a NVLAP accredited lab in accordance with federal requirements.

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(2) Personnel Requirements

(a) An Asbestos Analytical Laboratory must have on staff at all times a certified Asbestos Air Analyst if the laboratory performs air analyses, or a certified Asbestos Bulk Analyst if the laboratory performs bulk analyses.

(b) Each employee of an Asbestos Analytical Laboratory who engages in work as an analyst must hold a valid Asbestos Air or Bulk Analyst certificate, as applicable.

(c) Each employee of an Asbestos Analytical Laboratory who performs TEM analysis (bulk and/or air) must be properly trained in TEM analytical procedures; documentation of their training must be maintained by the laboratory and provided to the department upon request.

(3) Application and Recordkeeping Requirements

(a) Background information on the laboratory, including:

(i) The names of the applicant's owner(s), or operator(s), principal(s), and officer(s);

(ii) Location and mailing address;

(iii) A list of all other entities performing asbestos abatement activities or asbestos associated activities in which individuals listed under section 4(E)(3)(a)(i) of this rule are an owner or operator, principal or officer;

(iv) A list of all names (or acronyms) by which the applicant's firm is known or under which it does business; and

(v) Any information requested by the Department for purposes of determining the proficiency and adequacy of the applicant's standard operating procedures.

(b) The laboratory must submit documentation describing its QA/QC program for ensuring accuracy of analysis of air and bulk samples. This must include at a minimum, annual QA/QC training for all air and bulk analysts that includes:

(i) A review of applicable methods (NIOSH 9002, EPA/600/R-93/116, etc.);

(ii) A review of relevant current literature (AIHA, ACGIH, McCrone, etc.) and state-of-the-art technology;

(iii) A review of the lab's current QA/QC program, which should include at a minimum: the statistical calculation of intrinsic sample variability, intra-counter variability, and inter-and intra-laboratory variability, including the laboratory's current Relative Standard Deviation;

(iv) A review and hands-on session for microscope cleaning and calibration; and

(v) Two hours of reading QA samples to determine the analyst's proficiency, including actual field samples, round-robin samples from other laboratories if applicable, and third party QA samples such as the PATs or AARs.

(c) An applicant for Asbestos Analytical Laboratory must demonstrate that the applicant meets the recordkeeping requirements set forth in these regulations and must make the following available for review within 24 hours of request by the Department:

(i) Sample chain of custody procedures, including but not limited to handling, storage, and disposal procedures;

(ii) A copy of the laboratories analytical quality assurance program(s);

(iii) Equipment calibration and standardization procedures;

(iv) Results of the last four quarters of PAT or round robin tests, including the following: round number, date of participation in the round, and PAT results including each analysts individual results;

(v) Laboratory standard procedures for asbestos analysis;

(vi) An up to date asbestos analytical equipment inventory;

(vii) Documents related to laboratory personnel training;

(viii) The certificate of the laboratory owner, operator, or supervisor;

(ix) A copy of their NVLAP or AIHA accreditation as applicable; and

(x) A copy of their quality assurance program ensuring proficiency of all analysts.

(d) Copies of state certificates and dates of employment for employees performing analyses; and

(e) Copies of analyses performed, indicating sample identification number, analysis methods utilized, analytical results, and the name of the certified employee performing the analysis.

E. In-house Asbestos Abatement Unit

License Requirements. A business entity or public entity that engages in an asbestos abatement activities solely within the confines of property owned or leased by that entity solely for its own benefit (not for the purpose of income, profit, or barter) and using its own employees (not independent contractors) must meet the licensing requirement below, as applicable:

(1) Application Requirements

An In-house Asbestos Abatement Unit that engages inasbestos abatement activities, excluding asbestos associated activities, must meet the application requirements set forth in the Asbestos Abatement Contractor section of this rule.

An In-house Asbestos Abatement Unit that engages in theasbestos associated activities of inspection, design, monitoring must meet the application requirements set forth in the Asbestos Consultant section of this rule.

An In-house Asbestos Abatement Unit that engages in theasbestos associated activity of analysis for asbestos must meet the application requirements set forth in the Asbestos Analytical Laboratory section of this rule. In-house laboratories are exempt from laboratory proficiency as long as each analyst is rated proficient by AIHA's Asbestos Analytical Registry or by an active participating laboratory that is rated proficient by AIHA or NVLAP and that has an independent business relationship with the in-house laboratory. Analysts must be annually rated proficient as part of their individual AIHA certification.

(2) Personnel Requirements. Employees of a licensed In-house Asbestos Abatement Unit who engage in asbestos abatement or associated activities must be certified pursuant to these rules.

(3) Recordkeeping Requirements. An In-house Asbestos Abatement Unit must meet the recordkeeping requirements set forth in the Asbestos Abatement Contractor, Asbestos Consultant and Asbestos Analytical Laboratory recordkeeping sections of these rules, as applicable.

F. Training Provider

(1) License Requirement. A business entity or public entity that provides asbestos training within the geographic boundaries of the State of Maine must hold a valid Training Provider license.

A Training Provider whose principal place of business is located outside the State of Maine and who provides training only outside the geographic boundaries of the State of Maine is not subject to the licensing requirements set forth in this section.

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Note: Training courses also must be approved by the Department under the provisions of Section 10 of this rule.

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(2) Personnel Requirements

(a) Training Director. Each Training Provider shall employ a training director, certified as an Asbestos Abatement Design Consultant, who has overall responsibility for all aspects of training.

(b) Instructors must have academic credentials and/or field experience as specified below in the area in which they provide training. Primary instructors must be approved by the Department. If, after receiving a Training Provider license, there is a change in teaching personnel, the Training Provider must notify in writing the Department of the names and credentials of the new instructors at least 30 days prior to the date of the next course offering.

(i) Primary Instructors. The primary instructor(s) are the person(s) delivering the majority of the training material for the training course and the hands-on portion(s) of the course. Primary instructors must have successfully completed a Department-approved initial training course in the discipline being taught.

(ii) Secondary Instructors. Secondary instructors are persons possessing academic credentials, training, and/or (field) experience in a particular area, who may regularly provide portion(s) of instruction at a course. Secondary instructors do not need to have attended initial asbestos training courses, but need to provide, prior to conducting training, the primary instructor with written documentation detailing his/her experience and copies of his/her training and/or academic credentials.

(3) Application Requirements. An applicant for Training Provider must submit:

(a) Background information on the training provider, including:

(i) The names of the owner(s), or operator(s), principal(s), and officer(s);

(ii) Location and mailing address;

(iii) A list of all other entities performing asbestos abatement activities or asbestos associated activities in which individuals listed in section 4(F)(3)(a)(i) of this rule are an owner or operator, principal or officer;

(iv) A list of all names (or acronyms) by which the applicant's firm is known or under which it does business; and

(v) Any information requested by the Department for purposes of determining the proficiency and adequacy of the applicant's standard operating procedures.

(b) A list of the qualifications and resumes of the instructors, primary and secondary, who will be teaching;

(c) A detailed description of the number and quality of supplies and equipment, the availability of audio/visual teaching aid;

(d) A physical description of the primary training facility, including dimensions, that demonstrates that it is adequate for training and learning purposes as follows:

(i) Lighting sufficient so that all areas of the training room are adequately illuminated for ease of reading and viewing visual presentations;

(ii) Room size adequate to accommodate the expected/actual number of attendees with sufficient space to allow attendees ample space for seating, laying out training materials, and exam taking;

(iii) Tables sized to accommodate each student comfortably, without crowding. Chairs must be comfortable and of proper height to the table(s);

(iv) Air circulation must maintain a steady exchange of fresh air;

(v) Background noise must be minimal and not distractive to the learning environment, such that exchanges between the trainer and attendees are audible at all times;

(vi) At a minimum two means of egress from the building in which the training room is located; a large room may require two means of egress; and

(vii) A statement affirming that any facility and/or "hands-on facility", other than the primary training facility, used for training shall comply with the requirements of this subsection.

(e) A copy of the course sign in/sign out log the training provider will use to track the times that students arrive and depart the course, including the times out and in for any lunch break. This log is to be filled in by the students when entering and exiting the classroom.

(f) An original student certificate issued upon successful completion of courses;

(g) An example of the format used to communicate to the Department the course results within 5 days of course completion, including participant names, social security numbers or date of birth , and exam scores;

(h) A description of the method that the Training Provider will use to notify course dates, times and location to the Department. All courses must be announced in writing to the Department at least ten calendar days before the course;

(i) A statement that the Training Provider will issue student certificates within two weeks of the completion of the course; and

(j) The name and qualifications of the Training Director.

(4) Recordkeeping Requirements

(a) A Training Provider must maintain records of all requirements of section 11, course exam(s), and student answer sheets for a period of seven years and make them available to the Department within 24 hours of request, except as provided in section 4(F)(4)(b) of this rule.

(b) A Training Provider whose principal place of business is outside the State of Maine and who provides training to individuals seeking a certificate pursuant to this rule must make records and information available to the Department within 5 business days of receipt of a request for information.

(5) Standard of Conduct. The issuance of a fraudulent student certificate, or the violation of any provision of this rule or other applicable laws and regulations including the Model Accreditation Plan (MAP), constitutes grounds for the suspension or revocation of the Training Provider's license, the denial of the renewal of the license, and/or other enforcement action deemed appropriate by the Department.

(6) Reciprocity. Reciprocity, or the acceptance of an individual's training certificate indicating the successful completion of appropriate training, is allowed by this rule. Licensure of Training Providers is not reciprocal.

Notes

06-096 C.M.R. ch. 425, § 4