N.H. Code Admin. R. Env-A 1811.03

Current through Register No. 25, June 20, 2024
Section Env-A 1811.03 - Exemptions

The following individuals who disturb asbestos at asbestos disposal sites shall not be required to hold a license issued pursuant to this part:

(a) Individuals identified in RSA 141-E:10, I(a), namely, individuals certified pursuant to Env-A 1812 who perform the work for a contractor, employer, or other individual holding a valid license issued pursuant to this part;
(b) The owner of a single-family, owner-occupied property who, on said property only, personally performs the work, subject to the following conditions:
(1) The owner shall be trained and certified pursuant to Env-A 1812; and
(2) The work shall be done in a manner that prevents the release of asbestos fibers and in accordance with other federal, state, and local requirements, including the requirements identified in Env-A 1801.01(b);
(c) Entities and individuals undertaking a small-scale, short-duration disturbance of asbestos at an asbestos disposal site, subject to the following conditions:
(1) The entity or individual shall not be under license suspension or revocation pursuant to these rules;
(2) The quantity of material disturbed shall not exceed one cubic foot;
(3) The area of disturbance shall not exceed 3 square feet;
(4) The work shall be completed within 2 hours of being initiated;
(5) The entity or individual shall assure that the local health officer is notified before the work commences and that the local health officer and the department are provided access to the work site for inspection;
(6) The work shall be done in a manner that prevents the release of asbestos fibers and in accordance with other federal, state, and local requirements, including the requirements identified in Env-A 1801.01(b); and
(7) The work shall not be part of a larger project that is being segmented into small-scale, short-duration tasks; and
(d) Entities and individuals removing non-friable asbestos only from the ground surface to a container for disposal, subject to the following conditions:
(1) The activity shall not involve excavation below the ground surface;
(2) The activity shall not involve contact with friable asbestos or asbestos that exhibits friable characteristics; and
(3) The work shall be done in a manner that prevents the release of asbestos fibers and in accordance with other federal, state, and local requirements, including the requirements identified in Env-A 1801.01(b).

N.H. Code Admin. R. Env-A 1811.03

(See Revision Note at chapter heading for Env-A 1800) #9298, eff 10-21-08

Amended by Volume XXXVII Number 19, Filed May 11, 2017, Proposed by #12172, Effective 5/5/2017, Expires 5/5/2027.