216 R.I. Code R. 216-RICR-50-15-1.20

Current through November 7, 2024

Section 216-RICR-50-15-1.20 - Certification of Asbestos Analytical Services

1.20.1General Requirement

Asbestos analytical services offered for meeting the requirements of this Part must be certified in accordance with § 1.20 of this Part. Applicants, to obtain certification for asbestos analytical services, must submit an application which demonstrates compliance with the requirements of § 1.20 of this Part.

1.20.2Application for Certification of Asbestos Analytical Services

A. An applicant for certification of any asbestos analytical service shall submit the following information for Department review:

1. The name, address and phone number of the facility and person in charge;

2. The names, duties and dates of employment of the personnel who will be performing and/ or certifying the asbestos analysis;

3. The type(s) of asbestos analysis for which the person is requesting certification;

4. For analysis of air samples: Evidence that the National Institute for Occupational Safety and Health (NIOSH) has rated the applicant's laboratory facility as "Proficient (P)" in the Proficiency Analytical Testing (PAT) program's most recent round for asbestos evaluation.

5. For analysis of bulk asbestos samples: Evidence that the applicant's laboratory facility is currently accredited for Polarized Light Microscopy (PLM) in the Asbestos Fiber Analysis Program administered by the National Voluntary Laboratory Accreditation Program (NVLAP) of the National Institute of Standards and Technology (NIST).

6. Evidence that any analyst who is proposed to certify results of asbestos analysis conducted by Phase Contrast Microscopy (PCM) and/or Polarized Light Microscopy (PLM) has successfully completed:

a. A formal course in PCM and/or PLM analysis of asbestos which is acceptable to the Department and conducted by a center recognized for training personnel to perform PCM and/or PLM analysis of asbestos; or

b. An in-house training program, acceptable to the Department, under the supervision of an individual who meets the requirements of § 1.20.2(A)(6)(a) of this Part.

7. A copy of the quality control procedures for asbestos analysis established by the applicant's laboratory. If the document is lengthy, a summary of the essential elements may be submitted.

8. For analysis of asbestos samples by Transmission Electron Microscopy (TEM): Evidence that the applicant's laboratory facility is currently accredited for TEM in the Asbestos Fiber Analysis Program administered by the National Voluntary Laboratory Accreditation Program (NVLAP) of the National Institute of Standards and Technology (NIST).

9. Evidence that any analyst who is proposed to certify results of asbestos analysis conducted by Transmission Electron Microscopy (TEM) has successfully completed:

a. A formal course in TEM analysis of asbestos which is acceptable to the Department and conducted by a center recognized for training personnel to perform TEM analysis of asbestos; or

b. An in-house training program, acceptable to the Department, under the supervision of an individual who meets the requirements of §1.20.2(A)(9)(a) of this Part.

B. In addition to the requirements contained in §1.20.2(A) of this Part, the person shall also submit:

1. Evidence of licensure as an analytical laboratory by the Rhode Island Department of Health, Division of Laboratories or, for facilities located outside of Rhode Island, evidence of licensure/certification by an equivalent state, county or municipal agency if said jurisdiction requires licensure/certification; and

2. Evidence that the facility has previous experience in successful asbestos analysis utilizing NIOSH Method 7400 (most current Revision), the EPA Interim Method for the Determination of Asbestos in Bulk Insulation Samples or alternative methods acceptable to the Department.

3. Evidence that the facility has previous experience in successful asbestos analysis utilizing the method contained in 40 C.F.R. Part 763, Subpart A, Appendix A incorporated by reference at § 1.2(B) of this Part or alternative methods acceptable to the Department. [Applicable only to facilities requesting certification for Transmission Electron Microscopy (TEM).]

1.20.3Suspension or Revocation of Laboratory Certification

A. The Department may suspend or revoke any laboratory certification issued under § 1.19 of this Part for:

1. Failure to maintain proficiency and/or accreditation in the required proficiency testing programs outlined in §§1.20.2(A)(4), (5), and/or (8) of this Part.

2. Submitting false information on an application.

3. Failure to comply with this Part.

4. Any good cause within the meaning and purpose of this Part or the Act; or

5. Failure to perform asbestos analysis in accordance with prevailing methods of practice.

1.20.4Asbestos Analytical Services Fees and Issuance/Renewal of Certificates

A. An application fee as set forth in the rules and regulations pertaining to the Fee Structure for Licensing, Laboratory and Administrative Services Provided by the Department of Health (Part 10-05-2 of this Title) must accompany the application and shall be in the form of a check made payable to General Treasurer, State of Rhode Island. This fee is non-refundable and will not be returned if the application is denied or otherwise not approved by the Department.

B. Pursuant to the provisions of R.I. Gen. Laws § 23-24.5-14(c), the Department shall grant a certificate to an Asbestos Analytical Service which meets the certification requirements set forth in this Part, and upon submission of the certification fee as set forth in the rules and regulations pertaining to the Fee Structure for Licensing, Laboratory and Administrative Services Provided by the Department of Health (Part 10-05-2 of this Title). All prospective analysts that meet Department training requirements will be included on this certification. Said certificate shall expire one (1) year from the date of issuance unless sooner suspended or revoked. Said certificate may be renewed each year in accordance with the provisions of § 1.20.5 of this Part and upon payment of the renewal application and certification fees as set forth in the rules and regulations pertaining to the Fee Structure for Licensing, Laboratory and Administrative Services Provided by the Department of Health (Part 10-05-2 of this Title).

C. Amendments to Asbestos Analytical Service certificates will not be charged a fee.

1.20.5Renewal of Certification

Requests for renewal of certifications issued under § 1.20 of this Part must contain all the information requested by §1.20.2 of this Part without reference to any previously submitted material.

216 R.I. Code R. 216-RICR-50-15-1.20

Amended effective 1/1/2019