Current through Register Vol. 50, No. 9, March 1, 2024
RELATES TO:
KRS
224.10-100,
224.20-100,
224.20-110,
224.20-120,
224.20-300,
224.20-310,
224.20-320,
224.99-010,
40 C.F.R.
763.80 -
763.99, Appendices A -
E (Subpart E)
NECESSITY, FUNCTION, AND CONFORMITY:
KRS
224.10-100(5) authorizes the
cabinet to promulgate administrative regulations for the prevention, abatement,
and control of air pollution.
KRS 224.20-300 authorizes
the cabinet to develop, adopt, and maintain a comprehensive statewide asbestos
contractor accreditation program. This administrative regulation establishes
the process for the accreditation of individuals who inspect for asbestos in
school, public, and commercial buildings; who design, supervise, or perform
response actions in school, public, or commercial buildings; and who prepare
plans addressing potential and actual asbestos hazards in school buildings.
Additionally, this administrative regulation establishes the process for the
review and approval of training courses that are prerequisites for
accreditation.
Section 1. Definitions.
(1) "Abatement project design" means a plan
specifying the scope of a proposed response action and the procedures,
equipment, and controls to be used to conduct the response action, in
compliance with applicable regulations, in a school, public, or commercial
building.
(2) "Abatement project
designer" means a person who prepares an abatement project design.
(3) "Accredited" means that a person has been
issued an accreditation certificate pursuant to Section 5 of this
administrative regulation.
(4)
"Asbestos" means the as bestiform varieties of serpentinite (chrysotile),
riebeckite (cro-cidolite), cummingtonite-grunerite (amosite), anthophyllite,
actinolite, and tremolite.
(5)
"Asbestos abatement activity" means an inspection, a management plan, an
abatement project design, or a response action.
(6) "Asbestos abatement supervisor" means the
person responsible for the on-site supervision of a response action in a
school, public, or commercial building. An asbestos abatement supervisor can
also perform the duties of an asbestos abatement worker.
(7) "Asbestos abatement worker" means a
person who performs a response action.
(8) "Compliance inspection" means activity
performed by federal, state, or local regulatory agencies to determine
adherence to statutes and administrative regulations.
(9) "Contingent approval" means temporary
approval contingent upon a training course provider's submitting to a site
audit.
(10) "Day" means a calendar
day.
(11) "Discipline" means
inspection, management planning, abatement project design, asbestos abatement
supervision, or asbestos abatement work.
(12) "EPA-approved state" means a state that
has been authorized by the U.S. EPA to approve training courses for
accreditation purposes.
(13)
"EPA-approved training course" means an initial or refresher training course
for the discipline for which accreditation is requested and that is approved by
the U.S. EPA or an EPA-approved state at the time the course is taken to comply
with the requirements of
15 U.S.C.
2646 (Section 206 of the Toxic Substances
Control Act (TSCA)).
(14)
"Management plan" means a document submitted or maintained by a local education
agency (LEA) to satisfy the requirements of
40 C.F.R. 763.93
and 401 KAR 58:010.
(15)
"Management planner" means a person who develops management plans. A management
planner can also perform the duties of an inspector.
(16) "Proof of training" means a document
issued by a training course provider to a course attendee pursuant to Unit I.D.
of the Kentucky Asbestos Accreditation Program (KAAP).
(17) "State" means a state, the District of
Columbia, the Commonwealth of Puerto Rico, Guam, American Samoa, the Northern
Marianas, the Trust Territory of the Pacific Islands, and the Virgin
Islands.
Section 2.
Applicability. This administrative regulation shall apply to:
(1) Persons required to be accredited
pursuant to
401 KAR
58:010 and the KAAP; and
(2) Persons who provide accreditation
training in the Commonwealth of Kentucky pursuant to the KAAP.
Section 3. Prohibitions.
(1) The cabinet shall not consider a person
for initial accreditation or accreditation renewal unless the training
requirements of Section 9 of this administrative regulation are completed prior
to application.
(2) A person shall
not engage in, nor allow a person to engage in, an asbestos abatement project
at a school on or after October 12, 1988, or at a public or commercial building
on or after July 7, 1998, unless an accreditation certificate to engage in
these projects has been issued to the person by the cabinet, is currently in
effect, and is maintained on the person at all times while the asbestos
abatement project is being conducted.
(3) A person shall not provide accreditation
training in Kentucky unless the requirements of Section 10 of this
administrative regulation have been met.
Section 4. Applications for Accreditation.
(1) An application for initial accreditation
and accreditation renewal shall be made on the Application for Asbestos
Accreditation, DEP 6038. The application shall include a copy of the most
current proof of training in the discipline for which accreditation is
requested.
(a) In lieu of a proof of training,
the applicant may submit other proof of satisfactory completion from an
EPA-approved state pursuant to Unit H of the KAAP document.
(b) The proof of training or other proof of
satisfactory completion issued by the training provider shall contain the
information required in Unit I.C. of the KAAP document.
(c) If original proofs of training are
submitted with the request for accreditation, the proofs of training shall be
returned to the applicant at the time the requested accreditation certificate
is provided or at the time the cabinet denies the request for accreditation in
writing.
(2) An
application for accreditation shall be signed by the individual requesting
accreditation. The signature shall constitute personal affirmation that the
statements made in the application are true and complete.
(3) An application shall be accompanied by
the applicable accreditation fee as established in Section 7(1) and (2) of this
administrative regulation.
Section
5. Consideration of Applications. The cabinet shall make a
determination regarding issuance or denial of accreditation based upon the
information contained in the application and the qualification requirements of
the KAAP document. The cabinet may deny an application for accreditation if the
applicant willfully made a misstatement in the application, or if the applicant
has violated a provision of this administrative regulation, the KAAP document,
401 KAR
58:010, or
401
KAR 58:025. Failure by an applicant to supply
information required by the cabinet to act upon the renewal application shall
result in denial of that renewal.
(1)
Application for initial accreditation. Within fifteen (15) days after receipt
of an application for initial accreditation, the cabinet shall make a
completeness determination concerning the application. If the application is
not complete, the cabinet shall identify the additional information that is
necessary in order to evaluate the application. Issuance by the cabinet of the
accreditation certificate within this fifteen (15) day period shall have the
effect of documenting the completeness of the application.
(a) Within fifteen (15) days after the
application is deemed complete, the cabinet shall make a determination to issue
or deny the accreditation certificate, unless the cabinet determines, and the
applicant concurs, that an additional period of time is necessary.
(b) If the application is approved, the
cabinet shall issue an accreditation certificate. If accreditation is denied,
the cabinet shall notify the applicant, in writing, of the reason for denial
and shall provide an opportunity for appeal.
(2) Application for renewal of accreditation.
The cabinet shall make its determination to approve or deny a request for
renewal within fifteen (15) days of receipt of a complete renewal application.
(a) If the renewal is approved, the cabinet
shall issue a renewed accreditation certificate pursuant to this administrative
regulation and
401 KAR
58:010.
(b) If the renewal is denied, the cabinet
shall notify the applicant, in writing, of the reason for denial and shall
provide an opportunity for appeal.
Section 6. Duration of Accreditation
Certificates. Unless the cabinet revokes an initial accreditation certificate,
pursuant to Unit I.G. of the KAAP document, the certificate shall remain in
effect until expiration of the proof of training issued pursuant to Unit I.D.
of the KAAP document.
(1) An expired
accreditation certificate may be renewed if the applicant completes all
requirements for renewal of accreditation within one (1) year after the
accreditation certificate has expired.
(2) If a person fails to renew an
accreditation certificate within one (1) year of expiration of a
previously-issued accreditation certificate, the individual shall complete all
requirements for initial accreditation to receive accreditation.
Section 7. Fees. Fees shall be
submitted to the cabinet by check or money order, made payable to the Kentucky
State Treasurer.
(1) Initial accreditation.
(a) The fee for inspector, management
planner, abatement project designer, or asbestos abatement supervisor
accreditation shall be $100.
(b)
The fee for asbestos abatement worker accreditation shall be twenty (20)
dollars.
(c) The fee for
accreditation in more than one (1) discipline shall be obtained by summing the
fees for each of the requested accreditations.
(2) Renewal of accreditation. The fee for
renewal of accreditation for each discipline shall be one-half (1/2) the
initial accreditation fee.
(3)
Course review fees. Training providers who request cabinet review for approval
of training courses shall submit the required fee with the request for a course
review. The formula for the fee for course review shall be $350 per day of
training times the total number of days of training. The minimum review fee for
course approval shall be $350.
Section
8. Accreditation Revocation. The cabinet may revoke an
accreditation issued pursuant to this administrative regulation pursuant to
Unit I.G and Unit III of the KAAP document.
Section 9. Training Requirements.
(1) Initial accreditation. To be eligible for
initial accreditation, an applicant shall successfully complete an EPA-approved
training course in the discipline for which accreditation is requested within
one (1) year prior to the date on which the application is filed. Eligibility
for accreditation shall expire one (1) year after successful completion of the
training course.
(2) Renewal of
accreditation. Accreditation shall be renewed annually.
(a) To be eligible for accreditation renewal,
an applicant shall successfully complete an EPA-approved refresher course in
the discipline for which accreditation renewal is requested, pursuant to Unit
I.E. of the KAAP document.
(b) An
applicant may renew accreditation only in a discipline for which the applicant
has been accredited during the two (2) year period immediately preceding the
date the application is filed.
Section 10. Approval of Training Courses.
(1) Providers of courses that are not
EPA-approved shall either gain approval from an EPA-approved state or apply for
and receive contingent approval from the cabinet, pursuant to this
administrative regulation and the KAAP document before presenting the course in
Kentucky.
(2) EPA-approved training
courses shall be considered approved by the cabinet at the same level as their
approval by the U.S. EPA or an EPA-approved state (for example, contingent or
full).
(3) Training providers shall
allow representatives of the cabinet to attend, evaluate, and monitor a
training course presented in Kentucky without charge to the cabinet. Cabinet
representatives shall not be required to give advance notice of their
attendance to perform compliance inspections of training programs or to upgrade
the approval of a course from contingent approval to full approval.
(a) The training provider shall provide
written notification to the cabinet of:
1. An
upcoming training course, at least ten (10) days before the course is
presented;
2. The training
provider's name, address, phone number, and a contact person;
3. Training course title;
4. Inclusive dates of the training course and
examination;
5. Description of the
training course as either a public offering, contract training, or in-house
training for the provider's employees;
6. Location of and directions to the training
facility; and
7. The language in
which the course will be taught.
(b) If the training course is cancelled, the
provider shall notify the cabinet at least twenty-four (24) hours before the
scheduled start date.
(4)
The application for course approval shall be accompanied by the applicable
review fee as established in Section 7(3) of this administrative regulation.
The cabinet shall receive the total applicable review fee prior to the course
being granted contingent approval.
(5) Contingent approval. Applications for
contingent approval by the cabinet shall be made pursuant to Unit III of the
KAAP document.
(a) If the training course is
to be presented in Kentucky, the application shall include written
certification by the training provider that the requirements of subsection (3)
of this section shall be met if the training course is approved.
(b) The cabinet shall review the training
provider's request for course approval pursuant to the KAAP document and this
administrative regulation. If there are no deficiencies, the cabinet shall give
the training provider written notification that the training course has been
given contingent approval. Unless suspended or revoked by the cabinet,
contingent approval of a training course shall be valid for one (1) year and
shall not be renewed. Throughout this year, the training provider shall meet
the requirements of subsection (3) of this section.
(6) Full approval. For full approval of a
training course, the training provider shall meet the contingent course
approval criteria of subsection (5) of this section, the applicable
course-content criteria of the KAAP document, and the criteria established in
paragraph (a) of this subsection.
(a) Full
approval criteria.
1. Course administration.
The physical environment in which the course is conducted shall be conducive to
learning (for example, adequate lighting and ventilation, minimal distractions,
and adequate classroom layout). Teaching equipment shall operate properly.
Classroom materials and instructional aids shall be organized in a logical
fashion that is conducive to learning.
2. Teaching effectiveness. Instructors shall
use clear and effective presentation methods, including stating the purpose and
giving an overview for each topic, adhering to the agenda, checking for student
comprehension, using teaching aids, and organizing presentation into
logically-sequenced segments. Instructors shall also demonstrate their own
satisfactory knowledge of course content by defining terms clearly, emphasizing
key concepts, using analogies and examples correctly and appropriately, and
distinguishing fact from opinion.
3. Hands-on training administration. Physical
environment and equipment shall be conducive to learning (for example,
functional equipment, appropriate student-to-work station ratio, appropriate
student-trainer ratio, and adequate space and time). The trainer shall
demonstrate the techniques covered, use appropriate hands-on teaching
materials, and ensure student participation.
4. Courses to be audited by the cabinet for
full approval shall be presented in English, unless prior arrangements have
been made with the cabinet. The cabinet may require course providers whose
courses are not presented in English to seek approval from an EPA-approved
state with the linguistic capabilities to review these courses
adequately.
(b) Duration
of full approval. Full approval shall remain in effect unless suspended or
revoked.
(7) Suspension
or revocation of training course approval. The cabinet may suspend or revoke
the approval of a training course pursuant to this administrative regulation
and Units II and III of the KAAP document.
Section 11. Materials Incorporated by
Reference.
(1) The following documents are
incorporated by reference:
(a) "Application
for Asbestos Accreditation, DEP 6038, June 2019,"
(b) "Kentucky Asbestos Accreditation Program
(KAAP), May 1998."
(2)
The material incorporated by reference is available on the internet at
http://eec.ky.gov.
(3) The material incorporated by reference
may be obtained, inspected, or copied at the following offices of the Division
for Air Quality, Monday through Friday, 8 a.m. to 4:30 p.m.:
(a) The Division for Air Quality, 300 Sower
Boulevard, Frankfort, Kentucky 40601, Frankfort, Kentucky 40601, (502)
564-3999;
(b) Ashland Regional
Office, 1550 Wolohan Drive, Suite 1, Ashland, Kentucky 41102, (606)
929-5285;
(c) Bowling Green
Regional Office, 2642 Russellville Road, Bowling Green, Kentucky 42101, (270)
746-7475;
(d) Florence Regional
Office, 8020 Veterans Memorial Drive, Suite 110, Florence, Kentucky 41042,
(859) 525-4923;
(e) Frankfort
Regional Office, 300 Sower Boulevard, Frankfort, Kentucky 40601, (502)
564-3358;
(f) Hazard Regional
Office, 1332 South Kentucky Highway, Suite 100, Hazard, Kentucky 41701, (606)
435-6022;
(g) London Regional
Office, 875 S. Main Street, Room 345, London Kentucky 40741, (606)
330-2080;
(h) Owensboro Regional
Office, 3032 Alvey Park Drive W, Suite 700, Owensboro, Kentucky 42303, (270)
687-7304; and
(i) Paducah Regional
Office, 130 Eagle Nest Drive, Paducah, Kentucky 42003, (270) 898-8468.
STATUTORY AUTHORITY:
KRS
224.10-100,
224.20-100,
224.20-110,
224.20-120,
224.20-300,
224.20-310,
224.20-320