06- 096 C.M.R. ch. 425, § 5 - Certification Requirements for Asbestos Professionals

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This section sets forth specific certification requirements for an individual engaging in an asbestos abatement activity. This section also sets forth the general standards of conduct, specific training, and other requirements for maintaining such certificates.

A. General Certification Requirements

(1) An individual who engages in an asbestos abatement activity regulated by this rule must hold a valid certification in the discipline appropriate to his/her responsibilities as set forth in this section.

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Note: TheDepartment is not able to process immediately applications that are hand-delivered.

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(a) An individual who engages in asbestos abatement activities in more than one certification category must be certified in each such category.

(b) A certified individual also must meet all other state, federal, local accreditation, or certification requirements, as applicable.

(2) Certification by rule. Individuals who are employed by Department-limited licensed companies are considered certified by the Department for purposes of these rules to provided such individuals have successfully completed and documented training required by OSHA pursuant to 29 CFR 1926.1101 (effective August 10, 1994) and training documentation is maintained at the abatement work site.

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Note: Work practices as specified in Section 7 of this rule must be followed by individuals who are certified in accordance with these provisions.

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B. Standards of Conduct. Certified Asbestos Professionals 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 certificate, denial of an application for renewal, and/or other enforcement action deemed appropriate by the Department. A certified individual must perform his or her activities in a manner that is:

(1) 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; and

(2) Consistent with current rules and practices taught by Department-approved Training Providers.

C. Application Requirements and Procedures

(1) General Application Requirements

(a) An application for certification (including renewal) must be made on forms approved by the Department, must include the applicant's social security number, and must be accompanied by documentation demonstrating that the substantive certification requirements of this section have been met, including a copy of a training certificate.

(b) An applicant must submit one passport-size color photo and a non-refundable application fee paid in full by a cashier's, certified, or company check or other Department-approved payment method, in the amount set forth in this section.

(c) An applicant for certification must submit sufficient documentation to demonstrate that he/she has successfully completed the discipline-specific training and experience requirements.

Primary instructors must attend an initial training course from a licensed training provider that has an independent business relationship with the primary instructor, but may attend refresher courses taught by any licensed training provider. The primary instructor must notify [on the notification required by these regulations] the Department when he/she will attend their own refresher course. Primary instructors are prohibited from conducting refresher courses for themselves only.

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Note: It is the responsibility of the individual planning to attend a training course to ensure that the training course is approved by or acceptable to the Department. A training course that is not approved by the Department will not meet the standards for certification of individuals pursuant to this section unless reciprocity is granted.

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(d) An applicant must attest knowledge of and compliance with their current employer's standard operating procedures.

(e) The Department will either deny an application or ask for further information.

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

(g) After reviewing an application and determining that the applicant has met the minimum requirements of training and experience (where applicable) as set forth in this section, the Department will approve the application and issue a state certificate.

(h) A state-issued asbestos certification card evidencing that the individual is currently certified to performasbestos abatement activities is the property of the individual to whom it is issued.

(i) Except as provided in this section below, an expired certificate prohibits the individual from engaging in the applicable asbestos abatement activity until a current certificate is obtained.

(2) Annual Renewal and Reapplication Procedures

(a) A certificate shall expire one year from the last day of the month from the date of issuance, or on the last day of the month that the training certificate expires, whichever is sooner, and may be renewed on an annual basis.

(b) If the Department receives a request at least five (5) working days prior to a certification expiration date, the Department may grant an extension of a certificate for up to thirty (30) days when a Maine refresher course has not been available within the last thirty (30) days.

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Note: Extensions to certifications are not valid for work on projects in schools and public and commercial buildings.

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(c) If a complete renewal application is received by the Department at least five (5) working days prior to expiration of their state certificate, the certificate will not expire until the Department takes final action on the application.

(d) Individuals must take an annual refresher course or participate in a laboratory quality assurance program as appropriate to their respective certification category. Individuals who fail to meet this requirement within one year of the expiration date of their training certificate must take initial training again.

(e) If an applicant has been denied under this section, the applicant must adequately address in writing each denial reason.

(3) Denial of Applications. The Department may deny an applicant for:

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

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

(d) Submission of an incomplete application;

(e) Failure to submit the required fee; or

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

(4) Reciprocity. An individual who is certified, accredited, or permitted by another governmental agency may be granted reciprocity from the Department for a certificate in the State of Maine. The applicant must submit a non-refundable application fee, as set forth in this section, along with appropriate documentation. The certificate will be granted only if the Department determines the certification requirements of the other governmental agency to be at least as stringent as the applicable requirements of this rule, including approval of the training course by an EPA-approved state program or equivalent pursuant to Appendix C, the Interim Final Rule-59 FR 5236-5260 (effective April 4, 1994), to Subpart E of the Asbestos-Containing Materials in Schools rule, 40 CFR, Part 763 (effective December 14, 1987).

(5) Fees. Applications for initial and renewal certification must be accompanied by a non-refundable application 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) Application fees:

- Asbestos Abatement Worker: $50.00

- Asbestos Abatement Project Supervisor: $100.00

- Asbestos Air Monitor: $100.00

- Asbestos Inspector: $100.00

- Asbestos Abatement Design Consultant: $100.00 (includes limited certification)

- Asbestos Air Analyst: $100.00

- Asbestos Bulk Analyst: $100.00

- Asbestos Management Planner: $100.00

(b) An individual applying for a certificate in more than one certification category during the same calendar year must pay the fee for the highest category first and then pay $50 for each additional category.

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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 the Department in accordance with State of Maine laws and policies. Until that insufficiency is resolved (by money order or bank check), the Department will not accept any additional checks or credit card transactions from the party including checks for project notifications.

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D. Required Certification

(1) An individual who engages in asbestos abatement activities, excluding associated activities must hold either a valid Maine Asbestos Abatement Worker or a Maine Asbestos Abatement Project Supervisor certificate.

(2) An individual who directly supervises those engaged in any asbestos abatement activity, excluding associated activities, must hold a valid Maine Asbestos Abatement Project Supervisor certificate.

(3) An individual who documents and/or oversees an asbestos abatement activity for an owner or operator, conducts visual evaluations of the work area, collects air samples, or conducts project monitoring must hold a valid Maine Asbestos Air Monitor certificate.

(4) An individual who engages in inspections or surveys facilities to identify and/or assess the condition of ACM, or an individual who collects bulk samples for analysis, must hold a valid Maine Asbestos Inspector certificate.

(5) An individual who engages in any one or more of the following asbestos associated activities must hold a valid Maine Asbestos Abatement Design Consultant certificate:

(a) Develops project designs for asbestos abatement or facility renovation, repair, or replacement where the work will impact or has the potential to impact or disturb ACM regulated by this rule;

(b) Supervises the implementation of project designs; or

(6) An individual who performs analyses of air samples for asbestos or total fiber count must hold a valid Maine Asbestos Air Analyst certificate.

(7) An individual who performs analyses of bulk samples for the quantification or qualification of asbestos must hold a valid Maine Asbestos Bulk Analyst certificate.

(8) An individual who uses data gathered by an Asbestos Inspector to assess asbestos hazards, determine appropriate response actions, or develop asbestos response action implementation or asbestos operation and maintenance programs in schools must hold a valid Maine Asbestos Management Planner certificate.

E. Training, Education and Experience Requirements

(1) The minimum training, education, and experience requirements for initial certification in each discipline are as follows:

(a) Asbestos Abatement Worker - successful completion of a Department-approved 4-day ("32 hour") asbestos abatement worker training course and exam.

(b) Asbestos Abatement Project Supervisor - successful completion of a Department-approved 5-day ("40 hour") asbestos abatement project supervisor training course and exam.

(c) Asbestos Air Monitor - successful completion of a Department-approved 5-day ("40 hour") asbestos air monitor training course and exam; or successful completion of Department-approved project supervisor and 16-hour (minimum) air monitoring courses and exams; or, for out-of-state applicants, a combination of training and experience equivalent to the training required in this section.

(d) Asbestos Inspector - successful completion of a Department-approved 3-day ("24 hour") inspector training course and exam.

(e) Asbestos Abatement Design Consultant

(i) Successful completion of a Department-approved 3-day ("24 hour") project design training course and exam; and

(ii) Possession of at least a bachelor's degree, or possession of any valid asbestos professional certificate, excluding Asbestos Abatement Worker, for 3 years, or some other combination of training, education, and experience deemed appropriate by the Department.

(f) Asbestos Abatement Design Consultant - Limited Certification for Training Directors

(i) Successful completion of a Department-approved 3-day ("24 hour") project design training course and exam.

(ii) A post-secondary degree in adult education or successful completion of a "Train the Trainer" course acceptable to the Department consisting of the following course topics at a minimum: Adult learning principles Training theory Various training skills and techniques Delivery techniques Organizing and preparing presentations Classroom management Small and large group activities Use of audio visuals

(iii) Possession of at least a bachelor's degree, or possession of any valid asbestos professional certificate, excluding Asbestos Abatement Worker, for 3 years, or some other combination of training, education, and experience deemed appropriate by the Department.

(g) Asbestos Air Analyst - successful completion of a Department-approved 5-day ("40 hour") Asbestos Air Analyst training course and exam equivalent to the former NIOSH Course #582, "Sampling and Evaluation of Airborne Asbestos".

(h) Asbestos Bulk Analyst - successful completion of a Department-approved training course and exam in the techniques and procedures for identification and quantification of asbestos in bulk samples (e.g., McCrone Institute Asbestos Bulk Analysis course or its equivalent).

(i) Asbestos Management Planner

(i) Successful completion of a Department-approved 3-day ("24 hour") inspector training course and exam;

(ii) Successful completion of a Department-approved 2-day ("16 hour") management planner training course and exam.

(2) The minimum on-going training and other requirements for renewal certification in each discipline are as follows:

(a) Asbestos Abatement Worker - successful completion of a Department approved one-day ("8 hour") worker annual refresher course and exam.

(b) Asbestos Abatement Project Supervisor - successful completion of a Department approved one-day ("8 hour") project supervisor annual refresher course and exam.

(c) Asbestos Air Monitor - successful completion of a Department approved 1/2-day ("4 hour") asbestos air monitor refresher course and exam.

(d) Asbestos Inspector - successful completion of a Department approved 1/2-day ("4 hour") asbestos inspector refresher course and exam.

(e) Asbestos Abatement Design Consultant - successful completion of a Department approved one-day ("8 hour") project design refresher course and exam.

(f) Asbestos Air Analyst

(i) Documentation of participation in a Maine-licensed laboratory's annual analyst QA/QC training; and

(ii) A statement from a licensed Asbestos Analytical Laboratory affirming that the applicant is proficient in air analysis through participation in the laboratory's administration of the AIHA's PAT program, including results of the last four rounds of the applicant's testing, or proof that the applicant is listed in the AIHA Asbestos Analysis Registry.

(g) Asbestos Bulk Analyst

(i) Documentation of participation in a Maine-licensed laboratory's annual analyst QA/QC training; and

(ii) A statement from a licensed Asbestos Analytical Laboratory affirming that the applicant is proficient in bulk analysis through participation in the laboratory's administration of the NVLAP or AIHA bulk quality assurance program, including results of the last 4 rounds of the applicant's testing.

(i) Asbestos Management Planner - successful completion of a Department-approved 1/2-day ("4 hour") asbestos manager planner refresher course and exam.

F. Responsibilities

(1) An Asbestos Abatement Worker must possess a valid Maine certificate at the work site.

(2) An Asbestos Abatement Project Supervisor must possess a valid Maine certificate at the work site. An Asbestos Abatement Project Supervisor who is the lead supervisor on a project is responsible for directing correction of problems when encountered and terminating activity if needed to comply with all applicable work practice requirements of these rules.

(3) An Asbestos Air Monitor:

(a) Must conduct monitoring activities in accordance with recognized monitoring practices. This includes, but is not limited to, (1) clearance sampling techniques, including those required by TEM; (2) location and frequency of area monitoring including background sampling; (3) pump calibration methods; (4) settled dust sampling techniques; (5) visual evaluation techniques; and (6) project monitoring including preparation of an air monitor plan as part of a project design;

(b) May interpret project specifications or abatement plans and monitor and evaluate asbestos abatement activities for compliance with applicable laws and regulations; and

(4) An Asbestos Inspector:

(a) May review building records and perform inspections of facilities to identify, document, or inventory materials suspected of containing asbestos. An Asbestos Inspector shall collect bulk samples for asbestos analysis according to generally recognized procedures established by the industry, the Department, current US EPA guidance documents, and other applicable state or federal rules or regulations;

(b) Must, when performing assessments or evaluations of ACM, utilize assessment methodologies outlined in AHERA or an equivalent assessment system to evaluate the condition, accessibility, and intactness of ACM; and

(5) An Asbestos Abatement Design Consultant:

(a) Must apply knowledge of building construction, design, and use to develop operations and maintenance plans, abatement designs including air monitoring plans, specifications, bidding documents, architectural drawings, and schematic representations of material locations, in a manner consistent with these regulations; and

(b) Must possess a valid Maine certificate on-site at an asbestos abatement activity or training course location.

(6) An Asbestos Air Analyst must possess a valid Maine certificate at any facility or location where analysis is being performed.

(7) An Asbestos Bulk Analyst must possess a valid Maine certificate at any facility or location where analysis is being performed.

(8) An Asbestos Management Planner must possess a valid Maine certificate at his or her principal place of business.

Notes

06- 096 C.M.R. ch. 425, § 5

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