Tenn. Comp. R. & Regs. 1200-01-20-.03

Current through June 26, 2024

Section 1200-01-20-.03 - ACCREDITATION OF PERSONS AND FIRMS ENGAGED IN ASBESTOS ACTIVITIES

[ 40 CFR Part 763, Subpart. E, Appendix C]

(1) Scope and Applicability

(a) Paragraph (2) of this Rule contains the requirements a person must meet in order conduct asbestos activities in Tennessee and to obtain an accreditation from the Commissioner to conduct asbestos activities within a specific discipline.

(b) Paragraph (3) of this Rule establishes the minimum education and experience required in order for a person to be accredited by the Commissioner.

(c) Unless granted an extension under subparagraph (4)(b) of this Rule, an accredited person seeking re-accreditation within sixty (60) days prior to or thirty (30) days after the expiration date of their current accreditation need only comply with the requirements of paragraph (4) of this Rule.

(d) A firm seeking accreditation shall comply with the requirements of paragraph (5) of this Rule.

(2) Accreditation of a Person

(a) In order to conduct asbestos activities in a particular discipline, a person shall be in possession of a valid State of Tennessee issued accreditation certificate and photo identification card. An accredited person shall have either the accreditation certificate and/or the photo identification card with them at the work site.

(b) A person seeking accreditation by the Commissioner to engage in asbestos activities in schools and public and commercial buildings shall:

1. Submit to the Commissioner a completed application on forms provided by the Commissioner, along with the following:

(i) The documentation required by subparagraphs (3)(b) of this Rule that the applicant satisfies the educational and experience requirements of subparagraph (3)(a) of this Rule for the particular discipline for which accreditation is being sought;

(ii) The applicable accreditation fee in Rule 1200-01-20-.05(2)(a) 1, Table 3;

(iii) A copy of a current initial, or a current refresher and the previous accredited asbestos training course completion certificate(s) in the appropriate discipline(s) (the current certificate and the one from the year before) (Note: a person shall be granted a 12-month grace period from the date a required asbestos course completion certificate has expired to complete the appropriate refresher training course without having to retake the initial training course, otherwise, the initial applicable training course is required.); and

(iv) In addition to the requirements of subparts (i), (ii) and (iii) of this part, a person seeking accreditation as a management planner shall also submit the applicable accredited inspector course completion certificate in addition to the applicable accredited management planner course completion certificate.

2. Submit one standard color passport photograph with each application for the asbestos discipline for which accreditation is sought.

3. Indicate on the application whether the applicant is in possession of a valid:

(i) State issued photo identification card or driver's license;

(ii) A U. S. passport, foreign passport stamped by the U.S. Government;

(iii) Military active duty/retiree/reservist identification card; or

(iv) If the applicant possesses other document(s) currently listed by the Department of Homeland Security U.S. Citizenship and Immigration Services, list the specific document by name.

(c) A person's accreditation shall be valid for one (1) year. The expiration date shall be one (1) year from the last day of the month of issuance.

(d) In considering a person's application for accreditation, the Commissioner shall not recognize a course completion certificate of training issued by any asbestos training provider whose course approval or accreditation is denied, suspended or revoked by the Commissioner, EPA, or another EPA authorized State.

(e) Following the submittal of the information required by subparagraph (b) of this paragraph, the Commissioner will approve or disapprove a person's request for accreditation within sixty (60) days following the application being deemed complete. The Commissioner will review the completed application and any additional information, including but not limited to work history from other sources, and, after considering the requirements of subparagraph (f) of this paragraph and paragraph (3) of this Rule for the appropriate discipline, will respond with an Accreditation Certificate or a letter describing any deficiency.

(f) Upon receiving accreditation or re-accreditation from the Commissioner, and in order to maintain that accreditation or re-accreditation, a person conducting asbestos activities shall comply with the work practice standards of parts 1 through 6 of this subparagraph specific to the discipline for which that person is accredited. An accredited person shall not conduct asbestos activities appropriate to other disciplines for which accreditation or re-accreditation has not been obtained.

1. Accredited Inspector.

(i) An accredited inspector inspects, identifies, and provides written assessments of all friable known or assumed ACBM in schools and public and commercial buildings.

(ii) For each inspection and re-inspection, an accredited inspector shall sign and date the assessment and include the inspector's Commissioner-issued accreditation number on all reports.

(iii) An accredited inspector shall classify and give reasons in the written assessment for classifying the ACBM and suspected ACBM assumed to be ACM in schools and public and commercial buildings into one of the following categories:

(I) Damaged or significantly damaged thermal system insulation ACM;

(II) Damaged friable surfacing ACM;

(III) Significantly damaged friable surfacing ACM;

(IV) Damaged or significantly damaged friable miscellaneous ACM;

(V) ACBM with potential for damage;

(VI) ACBM with potential for significant damage; or

(VII) Any remaining friable ACBM or friable suspected ACBM.

(iv) An accredited inspector's assessment may include the following considerations:

(I) Location and the amount of the material, both in total quantity and as a percentage of the functional space; and

(II) Condition of the material, specifying:

I. Type of damage or significant damage (e.g., flaking, blistering, water damage, or other signs of physical damage);

II. Severity of damage (e.g., major flaking, severely torn jackets, as opposed to occasional flaking, minor tears to jackets); and

III. Extent or spread of damage over large areas or large percentages of the homogeneous area.

(v) An accredited inspector shall determine whether the material is accessible.

(vi) An accredited inspector shall determine the material's potential for disturbance.

(vii) An accredited inspector shall determine the known or suspected causes of damage or significant damage (e.g., air erosion, vandalism, vibration, water).

(viii) An accredited inspector shall determine preventive measures which might eliminate the reasonable likelihood of undamaged ACM from becoming significantly damaged.

2. Accredited Management Planner.

(i) An accredited management planner develops management plans to review the results of each inspection, re-inspection, and assessment for the school building and to conduct any other necessary activities in order to recommend in writing to the local education agency appropriate response actions.

(ii) An accredited management planner shall sign and date the recommendation and include the planner's Commissioner-issued accreditation number in the management plan.

3. Accredited Supervisor.

(i) An accredited supervisor provides supervision (directly or indirectly) for the following activities with respect to friable ACBM in schools and public and commercial buildings:

(I) Conducting a response action other than a SSSD activity;

(II) A maintenance activity that disturbs friable ACBM other than a SSSD activity; or

(III) A response action for a major fiber release episode.

(Note: An accredited supervisor may conduct OSHA requirements for which they are properly trained.)

(ii) An accredited supervisor shall use state-of-the-art work practices:

(I) Proper work practices for asbestos abatement activities, including descriptions of proper construction and maintenance of barriers and decontamination enclosure systems; positioning of warning signs; lock-out of electrical and ventilation systems; proper working techniques for minimizing fiber release; use of wet methods; use of negative pressure exhaust ventilation equipment; use of high- efficiency particulate air vacuums; and proper clean-up and disposal procedures. Work practices for removal, encapsulation, enclosure, and repair of ACM; emergency procedures for unplanned releases; potential exposure situations; transport and disposal procedures; and recommended and prohibited work practices; and

(II) New abatement-related techniques and methodologies may be used.

(iii)

(I) One accredited supervisor is required to be at the work-site at all times while response actions are being conducted; and

(II) Accredited workers shall have access to an accredited supervisor throughout the duration of the project.

(iv) An accredited supervisor shall include the supervisor's Commissioner-issued accreditation number on all reports.

4. Accredited Project Designer.

(i) An accredited project designer produces written specifications and designs for any of the following asbestos activities with respect to friable ACBM in a school or public and commercial building:

(I) Any response action other than a SSSD maintenance activity;

(II) A maintenance activity that disturbs friable ACBM other than a SSSD maintenance activity; or

(III) A response action for a major fiber release episode.

(ii) An accredited project designer shall sign and date the written specification packet and include the project designer's Commissioner-issued accreditation number.

(iii) Duties of an accredited project designer are inclusive of, but not limited to the following activities: determination of the scope of work; work sequence; performance standards for response actions, including preparation of specifications, plans; contract documents used with respect to the handling of friable and non-friable ACBM (The project design also includes: techniques for completing an initial cleaning of the work area; the rationale behind establishment of functional spaces; written diagrams and methods of diagramming all containment barriers; a written rationale for air clearance; and the clarification of what constitutes a complete visual clearance.).

5. Accredited Worker.

(i) An accredited worker is responsible for carrying out any of the following activities with respect to friable ACBM in schools and public and commercial buildings:

(I) A response action other than a SSSD maintenance activity;

(II) A maintenance activity that disturbs friable ACBM other than a SSSD maintenance activity; or

(III) A response action for a major fiber release episode.

(ii) An accredited worker shall provide the worker's Commissioner-issued accreditation upon request.

6. Accredited Project Monitor.

(i) An accredited project monitor monitors response actions performed by the supervisors and generally serves as the building owner's representative to ensure compliance with contract/job specifications and regulatory requirements, except for projects that are of SSSD. The functional role of a project monitor is specific to a particular response action and are inclusive of:

(I) Performing visual audits of a job site before, during and after a response action is undertaken; and

(II) Performing air monitoring as a part of a response action or for purpose of clearing a response action.

(ii) An accredited project monitor shall sign and date the written report, and include the project monitor's Commissioner-issued accreditation number.

(iii) An accredited project monitor may also perform the vital role of determining completion of response actions. At the conclusion of any response action to remove, encapsulate, or enclose ACBM or material assumed to be ACBM, the accredited project monitor shall conduct the following activities to determine the completion of a response action and collect clearance air samples:

(I) Visually inspect each functional space where such action was conducted to determine whether the action has been properly completed; and

(II) Collect air samples using aggressive sampling methods used to determine project completion after each response action involving ACBM, except for projects that are of SSSD, and analyzed for asbestos by:

I. Transmission Electron Microscopy ("TEM") using laboratories accredited by the National Institute of Standards and Technology's National Voluntary Laboratory Accreditation Program (The response action shall be considered complete when the average concentration of asbestos of five air samples collected within the affected functional space and analyzed by TEM method, that is not statistically significantly different, as determined by the Z-test calculation found in 40 CFR Part 763, Appendix A of subpart E, from the average asbestos concentration of five air samples collected at the same time outside the affected functional space and analyzed in the same manner, and the average asbestos concentration of the three field blanks described in 40 CFR Part 763, Appendix A of subpart E is below the filter background level, as defined in 40 CFR Part 763, Appendix A of subpart E, of 70 structures per square millimeter [70 s/mm²].); or

II. An action may also be considered complete if the volume of air drawn for each of the five samples collected within the affected functional space is equal to or greater than 1,199 liters (L) of air for a 25 mm filter or equal to or greater than 2,799 L of air for a 37 mm filter and the average concentration of asbestos as analyzed by the TEM method in 40 CFR Part 763, Appendix A of subpart E, for the five air samples does not exceed the filter background level, as defined in Appendix A, of 70 s/mm². If the average concentration of asbestos of the five air samples with the affected functional space exceeds 70 s/mm², or if the volume of air in each of the samples is less than 1,199 L of air for a 25 mm filter or less than 2,799 L of air for a 37 mm filter, the action shall be considered complete only when the requirements of subitems I or III of this item are met.

III. Air monitoring samples collected for clearance purposes to confirm completion of response action (removal, encapsulation, or enclosure) of ACBM or materials assumed to be ACBM that is greater than SSSD and less than or equal to 160 square feet or 260 linear feet may be analyzed by phase contrast microscopy ("PCM"). (The action shall be considered completed when the results of samples collected in the affected functional space and analyzed by PCM using the National Institute for Occupational Safety and Health ("NIOSH") Method 7400 entitled "Fibers" published in the NIOSH Manual of Analytical Methods, 3^rd Edition, Second Supplement, August 1987, show that the concentration of fibers for each of the five samples is less than or equal to a limit of quantitation for PCM [0.01 fibers per cubic centimeter [0.01 f/cm³] of air].); and

IV. To determine the amount of ACBM affected under subitem III of this item, add the total square or linear footage of ACBM within the containment barriers used to isolate the functional space for the action to remove, encapsulate, or enclose the ACBM or materials assumed to be ACBM (Contiguous portions of material subject to such action conducted concurrently or at approximately the same time within the same school building shall not be separated to qualify under subitem III of this item.).

(g) Except as provided in Rule 1200-01-20-.08, a person shall not conduct any asbestos activity described in these Rules after the effective date of these Rules if that person has not been accredited by the Commissioner pursuant to these Rules.

(h) A person's initial accreditation or re-accreditation may be suspended or revoked for non-compliance with subparagraph (2)(f) of this Rule, or for committing Prohibited Acts identified in parts (1)(a)2 through 7 or subparagraph (c) of Rule 1200-01-20-.06, or for non-compliance with Rule 1200-01-20-.08.

(3) Requirements for accreditation of a person in the appropriate discipline

(a) To become accredited by the Commissioner as an inspector, management planner, supervisor, project designer, worker or project monitor, a person shall:

1. Successfully complete a Commissioner accredited or recognized asbestos training course in the appropriate discipline that meets the requirements outlined in Rule 1200-01-20-.02(4)(b);

2. Pass the accredited training course final examination and hands-on training assessment, if applicable, and receive a course completion certificate in the appropriate discipline; and

3. Meet or exceed the following experience and educational requirements:

(i) Inspectors

(I) A high school diploma (or equivalent).

(II)

(RESERVED)

(ii) Management Planner

(I) Successfully complete a three (3) day accredited inspector training course with four (4) hours of hands-on training and an accredited two (2) day management planner training course; and have:

(II)

I. Current credentials as a registered architect, certified industrial hygienist, licensed professional engineer and/or certification in a related engineering/health/environmental field (e.g., safety professional, environmental scientist);

II. A bachelor's degree and one year experience in a related field (e.g., asbestos, lead, or environmental remediation work, or building construction);

III. An associate degree and two years experience in a related field (e.g., asbestos, lead, or environmental remediation work, or building construction); or

IV. A high school diploma and have four (4) years of experience in a related field (e.g., environmental remediation work, asbestos, lead) or in the building construction trades.

(iii) Supervisor

(I) Have at least one (1) year experience as an accredited asbestos worker (no specific level of education is required); or

(II) Have at least two (2) years experience in a related field (e.g., environmental remediation work, asbestos, lead) or in the building construction trades (no specific level of education is required).

(iv) Project Designer

(I) Currently hold credentials as a registered architect, certified industrial hygienist, licensed professional engineer and/or certification in a related engineering/health/environmental field (e.g., safety professional, environmental scientist);

(II) Have a bachelor's degree and one year experience in a related field (e.g., asbestos, lead, or environmental remediation work, or building construction); or

(III) Have an associate degree and two years experience in a related field (e.g., asbestos, lead, or environmental remediation work, or building construction).

(v) Worker

(I) No additional experience and/or education requirements.

(II)

(RESERVED)

(vi) Project Monitor

(I) Currently hold credentials as a registered architect, certified industrial hygienist, licensed professional engineer and/or certification in a related engineering/health/environmental field (e.g., safety professional, environmental scientist);

(II) Have a bachelor's degree and one year experience in a related field (e.g., asbestos, lead, or environmental remediation work, or building construction);

(III) Have an associate degree and two years experience in a related field (e.g., asbestos, lead, or environmental remediation work, or building construction); or

(IV) Have a high school diploma and four (4) years of experience in a related field (e.g., environmental remediation work, asbestos, lead) or in the building construction trades and designs.

(b) Proof, which may be required by the Commissioner of meeting the requirements of subparagraph (a) of this paragraph, may include, but is not limited to, the following documents:

1. Copy of official academic transcripts or diploma, as evidence of meeting the education requirements;

2. Resumes, letters of reference, or documentation of work experience, as evidence of meeting the work experience requirements; and

3. Course completion certificates from a Commissioner accredited or recognized asbestos training program for the appropriate discipline(s), as evidence of meeting the training requirements.

(4) Re-accreditation for a Person

(a) To maintain accreditation in a particular discipline, an accredited person shall complete the requirements of subparagraphs (c), (d) and (e) of this paragraph for the appropriate discipline(s) within sixty (60) days prior to or thirty (30) days after the expiration date of their current accreditation.

(b) An accredited person may petition the Commissioner, in writing, for a time extension if the person experiences difficulty in finding the appropriate refresher training course to complete this requirement. Proof of the difficulty experienced shall accompany the petition for time extension.

(c) A person shall submit to the Commissioner a re-accreditation application with a legible copy of the accredited refresher asbestos training course completion certificate or certificates.

(d) A person shall also submit to the Commissioner one (1) standard two inch by two inch (2X2 inch) color passport photograph with each application for re-accreditation.

(e) A person shall also submit the appropriate re-accreditation fee with his/her application(s) in accordance with Rule 1200-01-20-.05(2)(a) 1, Table 3.

(5) Accreditation and Re-accreditation of Firms

(a) Except as provided in Rule 1200-01-20-.08, a firm shall not conduct any asbestos activity in schools or public and commercial buildings after the effective date of these Rules, unless that firm is accredited by the Commissioner pursuant to these Rules.

(b) A firm seeking accreditation shall submit to the Commissioner:

1. A completed application on forms provided by the Commissioner;

2. The appropriate accreditation fee in accordance with Rule 1200-01-20-.05(2)(a) 1, Table 2; and

3. A letter attesting that when conducting asbestos activities in schools or public and commercial buildings, the firm shall:

(i) Only employ appropriately accredited persons;

(ii) Ensure that these appropriately accredited persons perform only the tasks specific to their respective accredited disciplines; and

(iii) Ensure that while performing these tasks, the firm complies with the work practice standards of subparagraph (2)(f) of this Rule.

(c) Following the submittal of a complete firm application in accordance with subparagraph (b) of this paragraph, the Commissioner will approve or disapprove a firm's request for accreditation within sixty (60) days following the application being deemed complete. The Commissioner will review the completed application and any additional information, including but not limited to work history from other sources, and respond with an Accreditation Certificate or a letter describing any deficiency.

(d) In order to offer to conduct asbestos activities, a firm shall possess the appropriate valid Tennessee Accreditation Certificate(s).

(e) A firm shall maintain records: personnel employment, contracts for performance, final asbestos abatement reports, personnel and clearance air monitoring reports, etc. Upon request, the Commissioner shall be allowed to review appropriate documents to determine a firm's compliance with these Rules.

(f) A firm may apply to the Commissioner for accreditation to engage in asbestos activities after the effective date of these Rules.

(g) Unless the Commissioner revokes or suspends the accreditation of a firm to perform asbestos activities, the accreditation shall be valid for one (1) year from the last day of the month of issuance the following year. A firm's initial accreditation or re-accreditation may be suspended or revoked due to non-compliance with part (1)(a)1 or subparagraph (1)(d) of Rule 1200-01-20-.06, or with Rule 1200-01-20-.08.

(h) A firm applying for re-accreditation shall submit the documents described in subparagraph (b) of this paragraph and the appropriate fee described in Rule 1200-01-20-.05(2)(a) 1, Table 2.

Tenn. Comp. R. & Regs. 1200-01-20-.03

Original rule filed April 9, 2009; effective June 23, 2009.

Authority: T.C.A. §§ 62-41-101et seq. and § 11-1-101.