Current through 2024-38, September 18, 2024
This section includes the requirements for training courses
used by an individual to meet certification requirements of this rule and for
approval of training courses by a Training Provider.
A.
Approval of Training Courses
(1) A training course used by an individual
to fulfill certification requirements must be approved by the Department or by
another governmental agency that has a reciprocal arrangement with the
Department. Individuals are responsible for ensuring that a training course is
approved before taking the course. Courses approved by another state or the US
EPA may or may not be approved by the Department depending upon the length,
content, and presentation of the course and the qualifications of the training
provider. Department approval of a training course expires after one
year.
(2) An application for
training course approval must be submitted to the Department at least 30 days
prior to the first scheduled training course date on forms approved by the
Department.
(3) Training course
curriculum and operational procedures used by the Training Provider must adhere
to the US EPA Asbestos Model Accreditation Plan; Interim Final Rule, 59 FR
5236-5260 (effective April 4, 1994), Appendix C to Subpart E of 40 CFR Part
763, "Asbestos-Containing Materials in Schools" rule (effective December 14,
1987). Initial and refresher training courses are subject to the Interim Final
Rule.
(4) If a training course is
not referenced in Appendix C to Subpart E of 40 CFR Part 763,
"Asbestos-Containing Materials in Schools" rule, the Department shall determine
adequacy of the course by reference to industry standards, training offered by
other trainers, the requirements of this section, and other material requested
from the applicant.
(5) Course
content for the 16-hour Asbestos Air Monitor course that may be used in
conjunction with a supervisor course to attain certification as an Asbestos Air
Monitor must include at a minimum:
(a) Air
sampling procedures, strategies, and equipment;
(b) Pump calibration techniques;
(c) Air sampling calculations;
(d) Limitations of air sampling;
(e) Appendix A of Asbestos-Containing
Materials in Schools rule, 40 CFR Part 763 (effective October 30, 1987),
including NIOSH methods;
(f)
Response action clearances;
(g)
Required recordkeeping and documentation;
(h) Applicable state and federal rules and
regulations, including but not limited to this rule, NESHAP, EPA, and
OSHA;
(i) Quality assurance
procedures;
(j) Duties and
responsibilities of a certified Asbestos Air Monitor, as set forth in this rule
and other applicable rules and regulations;
(k) Project monitoring techniques;
(l) Visual evaluation techniques;
(m) Visual clearances as per this rule and
the American Society for Testing and Materials ASTM Method E 1368-90;
and
(n) Reading and interpreting
specifications and drawings.
(6) Course content for an initial Asbestos
Air Analyst must include techniques and procedures for quantification of fibers
in air samples and at a minimum cover all topics presented in the former NIOSH
Course #582, "Sampling and Evaluation of Airborne Asbestos" or
equivalent.
(7) The Asbestos Air
Monitor refresher course shall be 4 hours.
(8) 8-Hour OSHA Worker and 12-hour OSHA
Competent Person course content must include: subject matter required by OSHA,
pursuant to
29 CFR
1926.1101 (effective August 10, 1994), as
well as proper clean-up techniques, visual evaluation of the work area, proper
waste packaging, and work stoppage criteria.
B.
Application Requirements for
Approval of Training Courses. An applicant for approval of a training
course must provide the following:
(1) The
name, address, telephone number, and license number of the DEP-licensed
Training Provider conducting the training course, including, if applicable, any
other name under which the Training Provider is known;
(2) The name of the training course for which
approval is sought;
(3) A course
curriculum detailing specific topics to be covered along with allotted topic
times;
(4) A copy of the training
course manual along with all printed material;
(5) A description of the teaching methods to
be utilized, including but not limited to a description of audio/visual
aids;
(6) A description of the
"hands-on" facility to be utilized, including, but not limited to, protocol for
instruction and ensuring direct contact with actual situations encountered in
the field of study;
(7) A statement
that the student to instructor ratio for hands-on portions will be no greater
than 10 to 1;
(8) A description of
the equipment that will be utilized in classroom lectures and in hands-on
training;
(9) The names,
background, qualifications, and training and experience of the primary
instructor and the names and qualifications of all secondary instructors
providing the training;
(10) A copy
of the uniquely numbered certificate of course completion, which must contain
the following:
(a) The name of the
student;
(b) The name of the
training course completed;
(c) The
date(s) and location of the training course;
(d) The certificate's date of
expiration;
(e) A statement that
the student passed the examination;
(f) The name, address, and telephone number
of the Training Provider;
(g) The
length of the course in hours; and
(h) The name and signature block of the
primary instructor for the course;
(11) Other information necessary to determine
the adequacy of the training course content and presentation; and
(12) Any other state or jurisdiction under
which the course may be approved.
C.
Renewal Application Requirements for
Approval of Training Courses. The applicant must demonstrate it meets
the following requirements for renewal of approval of training courses:
(1) Submission of a renewal
application;
(2) Submission of any
changes in the course content, curriculum, instructors, and exam questions and
procedures;
(3) Compliance with the
following:
(a) Standards of Conduct set forth
in Section 5(F) of this rule; and
(b) Maintaining the training/facility
standards and course content set forth in the original license
application.
(4) Written
response toDepartment training course audit findings addressing how each
finding has been incorporated into course curricula/materials or facility
standards noted in the audit.
D.
Successful Course Completion.
Successful completion of a training course requires that a student
attend at least 90% of course time and achieve a score of 70% or greater on the
course exam. Except refreshers, primary instructors can not be considered
students for consideration of successful course completion.
E.
Examinations (Exams)
(1) General Requirements. Exams are required
for all training courses conducted pursuant to this rule. Passing an exam is
achieved when a student achieves a score of 70% or higher. Failure of an exam
requires:
(a) That a student retake the
initial or refresher training course exam once.
(b) That a student not passing the second
exam must attend 8 hours of remedial training prior to taking the initial or
refresher training course exam again.
(c) That a student failing the third exam
after taking the remedial training must take the initial or refresher training
course again along with the training course exam.
(d) The Training Provider will grade the exam
and communicate the course results to the Department within 5 working days. The
course results must include the type of course, the names, social security
numbers, and exam scores of all participants.
(2) Initial Exam. Initial training courses
require a final exam, which shall be provided and administered by the Training
Provider. The Department will provide the Training Provider with a matrix
describing the topics on the exam, the number of questions required on each
exam, and the approximate percentage of questions on each topic. The Department
reserves the right to provide and/or administer final course exams. Alternate
procedures, including, but not limited to, those arising out of reciprocal
agreements with other states, must be approved in writing.
(3) Refresher Course Exam. Exams developed
and administered by a licensed Training Provider are required for annual
refresher training courses. The exam shall be a minimum of 25 questions, shall
be approved by the Department, and shall adequately address the refresher
topics referenced in Appendix C, Interim Final Rule, 59 FR 5236-5260 (effective
April 4, 1994) to Subpart E of 40 CFR Part 763 "Asbestos-Containing Materials
in Schools" rule (effective December 14, 1987), and other requirements listed
in this rule.
F.
Reciprocity. Reciprocity of successful completion of training courses is
allowed by this rule. Individuals seeking certification in Maine must submit
documentation to the Department affirming that the training they received was
at least as stringent as the training course requirements of this rule. Any of
the requirements of this section, as well as the requirements for licensure of
Training Providers set forth in this rule, may be requested by the Department
when determining adequacy of training courses.
G.
Course Notification to
Department. Training Providers must notify the Department in writing of
asbestos training courses conducted pursuant to this rule within the geographic
boundaries of the State of Maine, on forms approved by the Department and at
least 10 calendar days prior to the start date of the course. Included in the
notification shall be the location of the course offering, and if other than
the business location of the Training Provider, sufficient information to
demonstrate that the new location is adequate for the training and learning
purposes of the course. Courses not properly notified to the Department may not
be approved by the Department. The Training Provider shall notify the
Department via facsimile or phone of the cancellation of any course no later
than 7:00 a.m. the day of the course.
H.
Course Times. Training
courses conducted pursuant to these rules shall be provided during normal
business day hours, Monday to Friday, and no earlier than 7:AM and not later
than 6:PM. Training shall not occur on state holiday days. A course day must
not be less than 6 1/12 hours or exceed 8 hours in duration, excluding lunch
and breaks. Other course days and times may be approved by the Department on a
case-by-case basis. Courses must be completed within a two week
period.
