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,
224.99-010, 29 C.F.R. 1910.1001, 40 C.F.R. 61.152
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. This administrative
regulation provides for the control of asbestos emissions from asbestos
abatement projects.
Section 1.
Definitions. As used in this administrative regulation, all terms not defined
in this section shall have the meaning given them in 401 KAR 50:010 or 401 KAR 58:025.
(1) "Air lock" means a system of
enclosures within the containment area consisting of two (2) doorways,
curtained with polyethylene sheeting, at least three (3) feet apart.
(2) "Asbestos abatement entity" means a
partnership, firm, association, corporation, sole proprietorship or other
business concern, any governmental agency, or any other organization, composed
of one (1) or more employees or members, or an individual involved in any of
the asbestos-related activities established in subsection (3) of this
section.
(3) "Asbestos abatement
project" means any facility renovation or demolition activity that could cause
a disturbance of friable asbestos material.
(4) "Certificate" means a permit issued by
the cabinet pursuant to KRS 224.10-100(19)(b) to allow an asbestos abatement
entity to engage in asbestos abatement projects, including the use of equipment
or practices that control the emissions of asbestos fibers into the outside
air.
(5) "Certification fee" means
a fee, established by the cabinet pursuant to KRS 224.10-100(20), for the
issuance of certificates to asbestos abatement entities according to this
administrative regulation.
(6)
"Clean room" means an uncontaminated area or room that is part of the worker
decontamination enclosure system with provisions for storage of workers' street
clothes and clean protective equipment.
(7) "Clearance air monitoring" means the
monitoring of air conducted inside the work area after cleanup of an asbestos
abatement project has been completed.
(8) "Containment area" means the entire area
in which an asbestos abatement project is conducted, including the work area,
equipment room, shower room, clean room, and all associated air
locks.
(9) "Demolition" means the
wrecking or taking out of any load-supporting structural member of a facility
together with any related handling operations.
(10) "Emergency operation" means a renovation
operation that was not planned but results from a sudden, unexpected event.
This term includes operations necessitated by nonroutine failures of
equipment.
(11) "Equipment room"
means a contaminated area or room that is part of the worker decontamination
enclosure system with provisions for storage of contaminated clothing and
equipment.
(12) "Facility" means an
institutional, commercial, or industrial structure, installation, or building,
excluding apartment buildings having no more than four (4) dwelling
units.
(13) "Facility component"
means a:
(a) Pipe, duct, boiler, tank,
reactor, turbine, or furnace at or in a facility; or
(b) Structural member of a
facility.
(14) "Friable
asbestos material" means material containing more than one (1) percent asbestos
by weight that hand pressure can crumble, pulverize, or reduce to powder when
dry.
(15) "Glove bag" means a
manufactured device consisting of plastic with a thickness of six (6) mils or
more, two (2) inward-projecting long-sleeve rubber gloves, one (1)
inward-projecting water-wand sleeve, an internal tool pouch, and an attached,
labeled receptacle for asbestos waste. The glove bag is constructed and
installed so that it surrounds the object or area from which the asbestos
containing material is to be removed and contains all asbestos fibers released
during the removal process.
(16)
"Glove bag technique" means a method of removing asbestos from pipes, ducts,
valves, joints, and other nonplanar surfaces, which uses one (1) or more glove
bags.
(17) "HEPA filtration" means
high efficiency particulate air filtration found in respirators and vacuum
systems capable of filtering particles greater than or equal to three-tenths
(0.3) microns in size, with 99.97 percent efficiency.
(18) "HVAC" means a heating, ventilation, and
air conditioning system.
(19)
"Lockdown agent" means a protective coating or sealant that is applied to a
surface from which asbestos-containing material has been removed.
(20) "OSHA" means the Occupational Safety and
Health Administration.
(21)
"Polyethylene sheeting" or "polyethylene bags" means sheeting or bags of
polyethylene plastic with a thickness of six (6) mils or more, except as
otherwise established in this administrative regulation.
(22) "Publicly owned facility" means a
facility owned by the state or any political subdivision thereof, municipality,
or other public entity.
(23)
"Renovation":
(a) Means altering in any way
one (1) or more facility components; and
(b) Does not mean operations in which
load-supporting structural members are wrecked or taken out.
(24) "Shower room" means a room
between the clean room and the equipment room in the worker decontamination
enclosure system with hot and cold running water controllable at the tap and
suitably arranged for complete showering during decontamination.
(25) "Structure" means a whole facility,
building, or a major portion thereof, such as a building wing.
(26) "Work area" means the contaminated area
within the containment area that contains the friable asbestos material that is
to be abated.
Section 2.
Applicability.
(1)
(a) Except as established in paragraph (b) of
this subsection, the provisions of this administrative regulation shall apply
to each asbestos abatement entity which is involved in any asbestos abatement
project.
(b) An asbestos abatement
entity shall not be required to obtain the certificate as required in Section 3
of this administrative regulation or attend the training required in Section 10
of this administrative regulation in order to conduct asbestos abatement
projects that are not required to comply with the provisions of 401 KAR 58:025.
The asbestos abatement entity shall comply with the provisions of Sections 4(3)
and 12 of this administrative regulation if performing these
projects.
(2) Any person
may request that the cabinet determine if a project is an asbestos abatement
project. The request shall include the type of disturbance involved, a
description of the friable asbestos materials, and laboratory data sheets with
bulk sample results, methods of analysis, and the signature of the analyst. The
cabinet shall make its determination based on the information in the request in
compliance with this administrative regulation and 401 KAR 58:025, in writing,
not later than ten (10) working days after it has received a written request
with complete and accurate information adequate to make a
determination.
Section
3. Prohibition. Except as established in Section 2(1)(b) of this
administrative regulation, an asbestos abatement entity shall not engage in any
asbestos abatement project that would be under the requirements of 401 KAR 58:025 after April 1, 1988, unless:
(1) A
certificate to engage in an asbestos abatement project has been issued by the
cabinet in accordance with this administrative regulation and is currently in
effect. This subsection shall not apply during the compliance demonstration
required in Section 6(2) of this administrative regulation; and
(2) At least one (1) person as established in
Section 10(1) of this administrative regulation is in attendance at the site of
the containment area during the execution of the project.
Section 4. Work Practice Requirements.
(1) The work practice requirements of
subsections (2) and (3) of this section shall apply to asbestos abatement
entities. This section shall not apply to an asbestos abatement entity that
performs asbestos abatement projects at the entities' own manufacturing or
industrial facilities if the project is performed exclusively by employees of
the manufacturer or industry.
(2)
Work practice requirements for renovations established in 401 KAR 58:025.
Except as established in subsection (5) of this section, an asbestos abatement
entity that engages in an asbestos abatement project, including emergency
operations under the requirements of, 401 KAR 58:025, and that involves
renovation shall comply with the work practice requirements established in
paragraphs (a) through (v) of this subsection.
(a) All objects and exposed surfaces in the
work area shall be cleaned. Movable objects may then be removed. Objects not
removed from the work area shall be covered with polyethylene sheeting secured
in place. All openings within the containment area, including windows,
doorways, elevator openings, corridor entrances, drains, ducts, grills, grates,
diffusers, skylights, and openings created by the construction of any barriers,
shall be sealed with polyethylene sheeting. Containment areas shall be
established by permanent walls extending from the floor to the ceiling, or
where permanent walls do not exist, by barriers. Barriers shall be constructed
of polyethylene sheeting attached securely in place.
(b) Floor sheeting shall be installed within
the containment area and shall be at least two (2) layers of polyethylene
sheeting. Floor sheeting shall extend up side walls at least twelve (12) inches
and shall be sized to minimize seams. Seams shall not be located at
wall-to-floor joints.
(c) Wall
sheeting shall be installed throughout the containment area. All wall sheeting
shall be polyethylene sheeting, with each layer at least four (4) mils thick,
shall be securely installed to minimize seams, and shall extend beyond each
wall-to-floor joint at least twelve (12) inches. Seams shall not be located at
wall-to-wall joints.
1. Within the work area.
Wall sheeting on a permanent wall shall be at least two (2) layers. Wall
sheeting on a barrier shall be at least one (1) layer.
2. Within all other areas of the containment
area. Wall sheeting on a permanent wall shall be at least one (1) layer. Wall
sheeting shall not be required where barriers are used.
(d) A worker decontamination enclosure system
shall be provided, consisting of a clean room, shower room, and equipment room,
each separated from each other and from the work area by air locks and
accessible through doorways protected with two (2) overlapping polyethylene
sheets.
(e) All HVAC equipment in
or passing through the containment area shall be shut down, locked out, and
tagged out to advise personnel not to activate the equipment. All intake and
exhaust openings and any seams in system components shall be sealed with
polyethylene sheeting and waterproof tape.
(f) A warning sign shall be displayed at each
approach to any location where airborne fiber levels can be expected to exceed
background levels. Warning signs shall conform with OSHA 29 C.F.R. 1910.1001 standards.
(g) Negative pressure
ventilation units with HEPA filtration and in sufficient number to provide one
(1) workplace air change every fifteen (15) minutes shall operate continuously
for the duration of the project. The duration of the project shall be from the
time that a containment area is established and wall and floor sheeting are
installed until acceptable final clearance air monitoring results are
obtained.
(h) All friable asbestos
material shall be thoroughly wetted through to the substrate prior to
removal.
(i) Facility components
shall be removed intact or in large sections if possible and shall be carefully
lowered to the floor. Other friable asbestos material shall be removed in small
sections.
(j) Materials located at
heights greater than fifteen (15) feet but less than or equal to fifty (50)
feet above the floor shall be dropped into inclined chutes or onto scaffolding
or containerized at their elevated levels for eventual disposal. For materials
more than fifty (50) feet above the floor, a dust-tight enclosed chute shall be
constructed to transport removed material to containers on the floor.
(k) Friable asbestos material that has been
removed shall not be allowed to accumulate or become dry.
(l) For porous surfaces stripped of friable
asbestos materials, a lockdown agent shall be applied to securely seal any
residual fibers. The lockdown agent shall be compatible with subsequent
covering.
(m) Following abatement,
wall sheeting and floor sheeting shall be removed and containerized for
disposal. A sequence of HEPA filtration vacuuming, wet wiping all exposed
surfaces, and surface drying shall be performed until visible residue is not
observed in the work area. A minimum of twenty-four (24) hours after wet wiping
shall be required to ensure that sufficient drying has occurred.
(n) All asbestos-containing waste, except for
large facility components, shall be thoroughly wetted before being placed into
containers for disposal. Large components shall be thoroughly wetted before
being wrapped in polyethylene sheeting for disposal. Disposal shall occur at
locations identified in paragraph (u) of this subsection.
(o) Wet asbestos-containing waste shall be
double bagged in polyethylene bags placed in sealed, rigid containers such as
steel drums, fiber drums, or heavy cardboard boxes for transport to the
approved landfill identified in paragraph (u) of this subsection. Large
facility components shall alternatively be wrapped in at least two (2) layers
of polyethylene sheeting, which shall be secured with waterproof tape for
disposal.
(p) All polyethylene
sheeting used in an asbestos abatement project shall be treated as
asbestos-containing waste.
(q) All
wrapping or containerizing of asbestos-containing waste shall be completed to
prevent the outside of the wrapping or container from being contaminated with
asbestos fibers.
(r) All packaged
wastes including boxes, drums, and wrapped components shall be labeled in
accordance with 40 C.F.R. 61.152, as referenced in 401 KAR 58:025.
(s) Clearance air monitoring shall be
performed. At least five (5) samples of air per work area, or one (1) sample
per room, whichever is greater, shall be obtained for the clearance air
monitoring. A sample volume of 3,000 liters of air shall be used. The air
samples shall be obtained while the air is being artificially circulated so the
fibers remain airborne during the sampling. Barriers shall not be dismantled,
and openings shall not be uncovered, until the final samples show total fiber
concentrations of less than or equal to 0.01 fibers per cubic centimeter of
air. The method for determining compliance with this paragraph shall be either
of the methods established in Appendix M to Guidance for Controlling
Asbestos-Containing Materials in Buildings (U.S. Environmental Protection
Agency, Office of Pesticides and Toxic Substances, EPA 560/5-85-024, June
1985).
(t) Transport and disposal
of asbestos-containing waste shall not release asbestos fibers into the outside
air.
(u) Disposal shall occur at a
site approved by the Division of Waste Management to accept asbestos-containing
waste in accordance with 401 KAR Chapter 47 and shall meet all other applicable
local, state, and federal laws.
(v)
The asbestos abatement entity shall submit copies of all results of sampling
obtained during clearance air monitoring and all disposal receipts to the
building owner and the cabinet.
(3) Work practice requirements for
demolitions addressed in 401 KAR 58:025. An asbestos abatement entity that
engages in any asbestos abatement project that is under the requirements of 401 KAR 58:025 and that involves demolition shall comply with the work practice
requirements established in paragraphs (a) through (d) of this subsection.
(a) Any partial or full demolition of a
structure that contains facility components composed of or covered by friable
asbestos material shall be removed prior to demolition, according to the
requirements of subsection (2) of this section.
(b) Instead of the requirements established
in subsection (2)(a), (b), (c), (e), and (l) of this section, asbestos
abatement entities engaging in demolition activities shall:
1. Before beginning a demolition project,
seal off with polyethylene sheeting and waterproof tape, all doors, windows,
floor drains, vents, and other openings to the outside of the building and to
areas within the building that do not contain asbestos materials; and
2. Ensure that, if a structure is to be
partially demolished, all HVAC equipment in the demolition area or passing
through it but servicing areas of the building that will remain, shall be shut
down, locked out, tagged out to advise personnel not to activate the equipment,
and thoroughly sealed with polyethylene sheeting and waterproof tape.
(c) Clearance air monitoring as
established in subsection (2)(s) of this section shall be required, following
abatement activities conducted for demolition purposes, prior to
demolition.
(d) All other
requirements of subsection (2) of this section, unless established in paragraph
(b) of this subsection, shall apply to demolition abatement
activities.
(4) An
asbestos abatement entity engaged in an asbestos abatement project, including
emergency operations, not under the requirements of subsections (2) and (3) of
this section shall take reasonable precautions to prevent the release of
asbestos fibers to the outside air. Precautions shall include:
(a) Construction of adequate barriers or use
of wall and floor sheeting to contain asbestos fibers released within the
containment area;
(b) Wetting of
all friable asbestos materials prior to removal and keeping them wet until
containerized;
(c) Use of HEPA
filtration vacuum equipment and wet cleaning techniques to clean up the work
area following the project until there is no visible residue;
(d) Appropriately wrapping or containerizing
asbestos-containing waste and labeling the packaged waste including wrapped
components, boxes, or fiber or metal drums; and
(e) Transportation to and disposal at a
location identified in subsection (2)(u) of this section in a manner that does
not release fibers into the outside air.
(5) Instead of the work practice requirements
of subsection (2)(a) through (e), (g), (i), (m), (n), (p), and (s) of this
section; subsection (3)(b) and (c) of this section, and subsection (4)(a) and
(c) of this section, the asbestos abatement entity may elect to use the glove
bag technique for an asbestos abatement project. The glove bag technique shall
be an acceptable alternative to those requirements. The cabinet shall approve
other alternative work practice requirements for an asbestos abatement project
if the asbestos abatement entity submits the alternative to the requirements to
the cabinet, in writing prior to beginning the asbestos abatement project, and
demonstrates to the cabinet that:
(a)
Compliance with the requirements established in this section is not practical
or not feasible; and
(b) The
proposed alternative to the requirements provides an equivalent control of
asbestos and is not in conflict with any applicable local, state, or federal
law.
Section
5. Applications.
(1) An asbestos
abatement entity shall not be considered for certification unless the training
requirements of Section 10 of this administrative regulation have been
completed prior to application.
(2)
Applications for certification required under Section 3 of this administrative
regulation shall be made on form DEP 7034, Application for Asbestos
Certification.
(3) Applications for
certification shall be signed by an authorized agent of the asbestos abatement
entity. The signature shall constitute personal affirmation that the statements
made in the application are true and complete.
(4) Failure to supply information required by
the cabinet to enable it to act upon the certification application shall result
in denial of the certificate.
(5)
An asbestos abatement entity that submits an application for certification
shall include with the application a filing fee, as established in Section 8 of
this administrative regulation.
Section 6. Consideration of Applications.
(1) Within thirty (30) days after receipt of
an application for certification, the cabinet shall advise the asbestos
abatement entity as to whether or not the application is complete, and if not
complete, what additional information is necessary in order to evaluate the
application.
(2) Within fifteen
(15) days after the application for certification is deemed complete, the
cabinet shall contact the asbestos abatement entity to establish a date when
the cabinet can witness an asbestos abatement project, which shall be performed
by the entity to demonstrate compliance with this administrative
regulation.
(3) The cabinet shall
make its application determination as established in subsection (5) of this
section, including its approval or denial, within thirty (30) days after
attendance at the asbestos abatement project demonstration, unless an
additional period of time is necessary to adequately review the application or
its evaluation of the demonstration. The cabinet shall notify the asbestos
abatement entity, in writing, of the determination and include any reasons for
denial.
(4) If the application is
approved, the asbestos abatement entity shall submit the certification fee, as
established in Section 8 of this administrative regulation. Upon receipt of the
certification fee, the cabinet shall issue to the asbestos abatement entity the
certificate to engage in asbestos abatement projects, in accordance with this
administrative regulation.
(5)
(a) The cabinet shall deny an application for
certification if:
1. The requirements of this
administrative regulation or 401 KAR 58:025 are not met;
2. The asbestos abatement entity knowingly
made any misstatements in the application; or
3. The owner or operator of an asbestos
abatement entity or an entity with a different name to which a certificate had
previously been issued, cannot reasonably be expected to conduct the abatement
in a manner that is consistent with the acceptance of responsibility for
asbestos abatement projects.
(b) The cabinet shall make determinations
regarding issuance or denial of the certification based upon:
1. The applicant's actions during any prior
term of certification;
2. The
information contained in the application; and
3. Any other pertinent information that is
available to the cabinet.
(6) The holder of a certificate issued in
accordance with Sections 5 and 6 of this administrative regulation shall comply
with the terms and conditions in the certificate to ensure compliance with the
requirements of this administrative regulation and of 401 KAR 58:025.
Section 7. Duration and Renewal of
Certificates.
(1) Unless the cabinet revokes a
certificate, that certificate, including renewal of certification, shall remain
in effect for one (1) year after the date of issuance.
(2) An asbestos abatement entity shall not be
considered for renewal of certification unless the training requirements of
Section 10 of this administrative regulation have been completed prior to
application.
(3) Applications for
renewal of certification shall be made on form DEP 7034, Application for
Asbestos Certification. An application for renewal shall be submitted not
earlier than ninety (90) days and not later than thirty (30) days before the
date of expiration.
(4)
Applications for renewal of certification shall be signed by an authorized
agent of the asbestos abatement entity. The signature shall constitute personal
affirmation that the statements made in the application are true and
complete.
(5) Failure to supply
information required or deemed necessary by the cabinet to enable it to act
upon the renewal application shall result in denial of the renewal
application.
(6) An asbestos
abatement entity that submits an application for renewal of certification shall
include with the application a filing fee, as established in Section 8 of this
administrative regulation.
(7) The
cabinet shall make its renewal application determination as established in
subsections (8) and (9) of this section, including its approval or denial,
within thirty (30) days of receipt of a complete renewal application. The
cabinet shall notify the asbestos abatement entity, in writing, of the
determination including its reasons for any denials.
(8) If the renewal is approved, the asbestos
abatement entity shall submit the fee for renewal of certification, as
established in Section 8 of this administrative regulation. Upon receipt of the
fee, the cabinet shall issue to the asbestos abatement entity the renewed
certificate to engage in asbestos abatement projects, in accordance with this
administrative regulation.
(9) The
cabinet shall deny an application for renewal of certification if the asbestos
abatement entity has failed to comply fully with all applicable requirements of
this administrative regulation or of 401 KAR 58:025 during the year preceding
the renewal application.
Section
8. Fees. This section shall not apply to any publicly owned
facility, as defined by Section 1(22) of this administrative regulation. All
fees shall be submitted to the cabinet as a certified check, cashier's check,
or money order, payable to the Kentucky State Treasurer, or may be submitted
electronically online.
(1) Filing fee. Each
asbestos abatement entity shall submit with the application for certification
or renewal of certification, a filing fee, as established in paragraph (a) or
(b) of this subsection. The filing fee shall not be refundable if the
certification is denied or the application is withdrawn. The filing fee, shall
be applied toward the certification or renewal fee if the certificate is
issued, pursuant to Section 6 or 7 of this administrative regulation.
(a) The filing fee for certification shall be
$100.
(b) The filing fee for
renewal of certification shall be fifty (50) dollars.
(2) Certification or renewal fee. A fee as
established in paragraph (a) or (b) of this subsection, shall be submitted to
the cabinet prior to the issuance of the certificate or renewed certificate to
an asbestos abatement entity.
(a) The
certification fee shall be $500.
(b) The fee for renewal of certification
shall be $250.
Section
9. Certification Revocation. The cabinet may revoke any
certification issued pursuant to this administrative regulation if the asbestos
abatement entity:
(1) Knowingly makes any
misstatements or omits information in the certification application, renewal
application, or any amendments thereto;
(2) Fails to comply with the terms or
conditions of the certification;
(3) Fails to comply with the work practice
requirements in Section 4 of this administrative regulation; or
(4) Fails to properly dispose of friable
asbestos materials.
Section
10. Training Requirements.
(1)
Except as established in Section 2(1)(b) of this administrative regulation and
as a part of the certification as required in Section 3 of this administrative
regulation, the asbestos abatement entity shall identify at least one (1)
supervisor who shall be in attendance during the execution of each asbestos
abatement project, and shall be trained with an initial training course and an
annual training course, both approved by the cabinet as established in Section
11 of this administrative regulation.
(2) A person established in subsection (1) of
this section shall be required to successfully complete a written examination,
administered by the training sponsors, at the completion of the training or
retraining course to demonstrate familiarity with the safe performance of
asbestos abatement activities. Correct responses to at least seventy (70)
percent of the examination questions shall be necessary to meet the
requirements of this subsection.
(3) As a part of the certification pursuant
to Section 3 of this administrative regulation, supervisors established in
subsection (1) of this section shall attend an orientation program sponsored by
the cabinet, concerning the requirements, procedures, and standards established
by this administrative regulation.
(4) If at any time, the supervisor
established in subsections (1) through (3) of this section is no longer
employed by the certified asbestos abatement entity, or is no longer in
attendance during the execution of asbestos abatement projects, the entity
shall immediately notify the cabinet. The cabinet shall continue the
certificate, if there is another employee who has fulfilled the training
requirements in this section, and who will be in attendance during the
execution of asbestos abatement projects for the entity.
Section 11. Training Course Requirements.
(1) The initial training course required in
Section 10 of this administrative regulation shall provide information on:
(a) The physical characteristics of asbestos,
including fiber size, aerodynamic characteristics, and physical
appearance;
(b) The health hazards
of asbestos;
(c) Employee personal
protective equipment;
(d)
Recommended medical monitoring procedures, benefits of medical monitoring, and
employee access to records;
(e) Air
monitoring procedures;
(f)
State-of-the-art work practices for asbestos abatement activities;
(g) Personal hygiene;
(h) Additional safety hazards that could be
encountered during abatement activities and how to deal with them;
(i) The requirements, procedures, and
standards established by federal regulations;
(j) Contract specifications and bidding
procedures, liability insurance and bonding, and legal consideration related to
asbestos abatement; and
(k)
Establishing respiratory protection programs, medical surveillance programs,
and U.S. EPA and OSHA recordkeeping requirements.
(2) The yearly retraining course required in
Section 10(1) of this administrative regulation shall review the topics in
subsection (1) of this section, update information on state-of-the-art
procedures and equipment, and review regulatory changes and
interpretations.
(3) The course
titled Supervision of Asbestos Abatement Projects, as approved by the U.S. EPA,
shall satisfy the requirements for initial training and retraining courses, as
established in subsections (1) and (2) of this section.
(4) Training courses, except the course
established in subsection (3) of this section, may be approved by the cabinet
based on the determination that it provides equivalent training as the course
established in subsection (3) of this section. A prospective course sponsor
shall submit:
(a) Information about the course
sponsor;
(b) Course location and
fees;
(c) Copies or description of
course handouts;
(d) A detailed
description of course content and the amount of time allotted to each major
topic;
(e) A description of
teaching methods and a list of all audio-visual materials;
(f) A list of all personnel to be involved in
course preparation and presentation and a brief description of the background,
special training, and qualifications of each;
(g) A description of student evaluation
methods;
(h) A description of
course evaluation methods;
(i) Any
restriction on attendance including language barriers; and
(j) A copy of the written examination to be
administered at completion of the course.
Section 12. Records.
(1) Each asbestos abatement entity shall
maintain records of all asbestos abatement projects and shall make these
records available to the cabinet upon request. The asbestos abatement entity
shall retain the records for at least six (6) years.
(2) The asbestos abatement entity shall
record the following information for each project:
(a) Name and address of supervisor
responsible for the project;
(b)
The location and description of the project and the estimated amount of
asbestos removed;
(c) Starting and
completion date. If the completion date differs from that originally scheduled,
include reasons for delay;
(d)
Summary of the procedures used to comply with all applicable requirements,
including copies of all notifications, if applicable;
(e) Name and address of the waste disposal
site and disposal receipts, including the amount of asbestos-containing
material disposed; and
(f) Results
of all air sampling conducted during the asbestos abatement project, if
applicable, including personal, area, and clearance samples.
Section 13. Penalties.
An asbestos abatement entity that violates any provision of this administrative
regulation shall comply with any penalty issued pursuant to KRS 224.99-010.
Section 14.
Incorporation by Reference.
(1) The following
material is incorporated by reference:
(a)
Appendix M (Detailed Specifications for Sampling and Analyzing Airborne
Asbestos) to "Guidance for Controlling Asbestos-Containing Materials in
Buildings", (U.S. Environmental Protection Agency, Office of Pesticides and
Toxic Substances, EPA 560/5-85-024, June 1985); and
(b) "Application for Asbestos Certification",
DEP 7034, (February 2023).
(2)
(a)
This material may be inspected, copied, or obtained, subject to applicable
copyright law, at the Division for Air Quality, 300 Sower Boulevard, Frankfort,
Kentucky 40601, Monday through Friday, 8 a.m. to 4:30 p.m.
(b) Copies of Appendix M to "Guidance for
Controlling Asbestos-Containing Materials in Buildings" are available for sale
from the Superintendent of Documents, U.S. Government Printing Office,
Washington, D.C. 20402.
STATUTORY AUTHORITY: KRS 224.10-100(5)