TITLE 18. PROFESSIONAL AND OCCUPATIONAL LICENSING

VIRGINIA BOARD FOR ASBESTOS, LEAD, AND HOME INSPECTORS

Proposed Regulation

Titles of Regulations: 18VAC15-20. Virginia Asbestos Licensing Regulations (repealing 18VAC15-20-10 through 18VAC15-20-880).

18VAC15-21. Asbestos Licensing Regulations (adding 18VAC15-21-10 through 18VAC15-21-600).

Statutory Authority: § 54.1-501 of the Code of Virginia.

Public Hearing Information:

April 10, 2025 - 2 p.m. - 9960 Mayland Drive, Second Floor, Board Room 2, Richmond, VA 23233.

Public Comment Deadline: May 23, 2025.

Agency Contact: Cameron Parris, Regulatory Operations Administrator, Department of Professional and Occupational Regulation, 9960 Mayland Drive, Suite 400, Richmond, VA 23233, telephone (804) 367-9183, FAX (866) 350-5354, or email cameron.parris@dpor.virginia.gov.

Basis: Section 54.1-201 of the Code of Virginia authorizes the Virginia Board for Asbestos, Lead, and Home Inspectors to promulgate regulations necessary to ensure continued competency and prevent deceptive or misleading practices by practitioners and to effectively administer the regulatory system. Section 54.1-501 of the Code of Virginia allows the board to promulgate regulations for the licensing of home inspectors regarding (i) professional qualifications of home inspector applicants, (ii) requirements necessary for passing home inspector examinations, (iii) proper conduct of examinations, (iv) proper conduct of the home inspectors licensed by the board, and (v) proper discharge of the board's duties.

Purpose: The board has determined that repeal and replacement of the regulation is necessary to ensure that the regulation (i) is organized, clear, and understandable to regulants and the public; (ii) complements current Virginia law and meets applicable federal requirements; and (iii) provides minimal burdens on regulants while still protecting the public. The board has been charged with administering the licensure program for those who engage in asbestos remediation or abatement and approving accredited asbestos training programs. By establishing the regulation in a clear and organized manner, the board is better able to ensure the regulation is understandable and presented in a way that aligns with Virginia law, federal requirements, and agency policy. Holding licensees to regulatory standards also provides for the continued protection of the health, safety, and welfare of the public. The goal of repealing and replacing the regulation is to ensure that the regulation is achieving the intended purposes and allowing properly qualified individuals to engage in the profession while reducing or mitigating unnecessary regulatory burdens placed on applicants and regulants, all while protecting public welfare.

Substance: This action repeals the current regulation (18VAC15-20) and replaces it with a new chapter (18VAC15-21). The new chapter ensures that the regulation is well organized and understandable and reduces unnecessary regulatory burdens while remaining consistent with the Code of Virginia and applicable federal regulations. Additionally, several new sections are added to reorganize and clarify existing provisions.

The proposed amendments:

1. Incorporate definitions from § 54.1-500 of the Code of Virginia; add terms that are used within the regulation, but that are not currently defined; amend existing definitions for clarity; and remove definitions for terms that are not used within the regulation or that are incorporated by reference.

2. Adjust the monetary amount constituting financial interest from $1,000 to $2,000.

3. Create new sections for each specific individual asbestos license type.

4. Create new sections to enumerate provisions specific to (i) acceptable degree programs, (ii) experience used to qualify for licensure, (iii) individuals certified or licensed in other jurisdictions, and (iv) qualifications for asbestos contractor and asbestos analytical laboratory licenses.

5. Revise application procedures to (i) require that applications be completed in accordance with instruction contained in the regulation; (ii) require that an applicant immediately report any changes to information supplied with the application; and (iii) provide that applications are not considered completed until all required documents are received by the board.

6. Revise criminal history disclosure requirements for initial licensure of individuals to (i) reduce the "look back" period for most reportable misdemeanor offenses and (ii) expand the scope of reportable misdemeanor convictions to include all misdemeanor convictions other than marijuana convictions.

7. Revise prior disciplinary history disclosure requirements for initial licensure of individuals to require disclosure of any disciplinary action taken against a professional or occupational license issued to the applicant.

8. Revise education and experience qualifications for the following individual asbestos licenses: asbestos supervisor license, asbestos inspector license, asbestos management planner license, asbestos project designer license, and asbestos project monitor license.

9. Revise qualifications for (i) asbestos supervisor licenses to add minimum education and experience qualifications; (ii) asbestos inspector, management planner, and project designer licenses to reduce experience qualifications; and (iii) asbestos project monitor licenses to add a minimum education qualification and reduce overall experience qualifications.

10. Add the criteria for acceptable degree programs and incorporate existing board guidance regarding acceptable degree programs for individuals to qualify for asbestos inspector, management planner, and project designer licenses.

11. Revise initial licensure of management planner licenses to clearly specify that management planners must complete both asbestos management planner training and asbestos inspector training to qualify for initial licensure.

12. Add the criteria for acceptable experience to qualify for licensure.

13. Revise the requirements for licensure as an asbestos contractor to tie qualifications for an asbestos contractor license to the requirements and qualifications for a contractor license issued by the Board for Contractors. Under this change, a contractor that meets the requirements of the Board for Contractors for asbestos contracting would be deemed qualified for an asbestos contractor license from the board and would be issued a license for a term that coincides with the term of license issued by the Board for Contractors. This change will also remove the requirements for an asbestos contractor to pay fees to the board for obtaining and renewing a license.

14. Revise the requirements for licensure as an asbestos analytical laboratory to (i) remove unnecessary provisions that impose requirements specific to an applicant firm's form of organization; (ii) reduce the "look back" period for most reportable misdemeanor offenses; (iii) expand the scope of reportable misdemeanor convictions to include all misdemeanor convictions other than marijuana convictions; and (iv) require disclosure of any disciplinary action taken against a professional or occupational license issued to the applicant and the applicant's principals.

15. Remove obsolete language related to some temporarily reduced renewal fees and late renewal fees.

16. Revise the expiration and renewal of asbestos contractor licenses to (i) tie the expiration date of the license to the expiration date of the corresponding contractor license issued by the Board for Contractors and (ii) require documentation that the license issued by the Board for Contractors to the contractor is current and valid in order for an asbestos contractor license to be renewed.

17. Revise the renewal of asbestos analytical laboratory licenses to require that a laboratory submit documentation that the laboratory continues to meet the requirements for the type of laboratory analysis it is licensed to perform.

18. Revise the renewal of management planner licenses to clearly specify that management planners must complete both management planner refresher training and asbestos inspector refresher training to renew licensure.

19. Revise the renewal of training program approvals to remove unnecessary requirements for submission of documentation.

20. Revise the renewal of asbestos worker licenses to allow for the acceptance of asbestos supervisor refresher training to meet renewal requirements for a worker license.

21. Revise the renewal of licenses and training program approvals to (i) allow for email or electronic delivery of renewal notices to regulants and (ii) remove the requirement that regulants submit a copy of the renewal notice to the board.

22. Revise application procedures to outline the documentation and information an applicant for an accredited asbestos training program must provide to the board, including information on the program training manager and principal instructor.

23. Incorporate current board guidance exempting out-of-state asbestos courses that are currently approved in an Asbestos Model Accreditation Plan (MAP) state from an onsite audit for application approval.

24. Remove (i) the requirement that state-of-the-art work practices be included as a review topic in refresher training for asbestos workers and asbestos supervisors; (ii) the requirement that budgeting and cost estimation be included as a topic in refresher training for asbestos project designers; and (iii) the suggested use of training exercises for training programs.

25. Revise prohibited acts and reorganize prohibited acts to group similar types of offenses together. Several prohibited acts are revised, including (i) amending the prohibited act regarding obtaining a license or training program approval by fraudulent representation to (a) apply to attempting to obtain a license or training program approval by false or fraudulent representation and (b) include maintaining, renewing, or reinstating a license by false or fraudulent representation; (ii) amending a prohibited act that proscribes negligence, misconduct, and incompetence in the practice of the profession, and specifies actions that would constitute a violation; (iii) adding a new prohibited act that proscribes improper, fraudulent, and dishonest conduct and specifies actions that would constitute a violation; and (iv) revising a prohibited act addressing refusal to allow state or federal representatives access to an abatement site, analytical laboratory, or training facility for purpose of compliance inspections or audits.

26. Remove sections in the current chapter relating to responsibility to the public, public statements, and solicitation of work. Certain provisions within these sections are incorporated into language contained under the prohibited acts.

27. Revise provisions regarding conflicts of interest to provide that the requirements do not apply to a contractor-subcontractor relationship between an asbestos contractor and an asbestos project monitor.

28. Increase from 10 to 30 days the timeframe for an asbestos analytical laboratory to report changes of status, such as changes in (i) laboratory location, (ii) responsible person, and (iii) accreditation or proficiency rating.

29. Revise responses to complaints and production of records to (i) provide required timeframes for responses to inquiries and production of requested records and (ii) prohibit providing false, misleading, or incomplete responses to inquiries.

30. Streamline standards for individuals to remove requirements that are unnecessary or duplicative of federal regulation. These include requirements for asbestos inspections and asbestos management plans.

31. Revise standards for asbestos project designs to clarify that a project design include air sampling procedures.

32. Revise provisions for asbestos project monitoring to (i) clarify when a project monitor is required on a project and (ii) remove an unnecessary signature requirement for an air sample report.

33. Revise onsite analysis by project monitors to permit a project monitor to be affiliated, rather than employed, by a laboratory.

34. Remove standards for asbestos contractors and asbestos training programs that are advisory in nature.

35. Revise standards for asbestos analytical laboratories to incorporate by reference certain documents that prescribe mandatory procedures for performing analysis of asbestos-containing material or suspected asbestos-containing material.

36. Allow for the electronic delivery of asbestos refresher training courses.

37. Remove mandates on a minimum student-to-instructor ratio and a limit on the number of students for hands-on exercises.

38. Remove mandates that training providers keep a list of equipment used for training.

39. Revise reporting of changes to an approved training program to provide that all changes to a program be reported to the board prior to implementation of the change.

40. Revise notification of training dates and times and reporting of program participant lists to streamline these requirements.

Issues: The primary advantages to the public and the regulated community are that the proposed amendments to the regulation will (i) provide needed updating and clarification by reorganizing the regulation; (ii) reduce regulatory burdens while still protecting the public health, safety, and welfare; (iii) remove requirements in the regulation that are not necessary to protect the public welfare; and (iv) enhance standards of conduct and practice that will better serve to protect members of the public. There are no identifiable disadvantages to the public. It is not anticipated that the proposed changes will create any substantial disadvantages to the regulated community. The primary advantage of the proposed changes to the Commonwealth is that they will allow the agency to administer the licensure program more efficiently.

Department of Planning and Budget Economic Impact Analysis:

The Department of Planning and Budget (DPB) has analyzed the economic impact of this proposed regulation in accordance with § 2.2-4007.04 of the Code of Virginia and Executive Order 19. The analysis presented represents DPB's best estimate of the potential economic impacts as of the date of this analysis.¹

Summary of the Proposed Amendments to Regulation. The Virginia Board for Asbestos, Lead, and Home Inspectors (board) proposes to revise and reorganize asbestos licensing by repealing and replacing the regulation. As part of this, the board would (i) reduce fees for asbestos contracting firms, (ii) require a high school diploma or equivalent requirement as a minimum education qualification for asbestos supervisor and asbestos project monitor applicants and require at least three months of experience for asbestos supervisor applicants, (iii) reduce experience requirements by 50% for asbestos inspector, management planner, project designer, and project monitor asbestos licenses, (iv) reduce the look back period for disclosure of criminal convictions and expand the scope of such convictions, (v) make reporting requirements slightly less stringent for individual licensees and laboratories and more stringent for training providers, (vi) revise the threshold value to deem if a financial interest exists from $1,000 to $2,000, and (vii) make numerous editorial and formatting changes.

Background. This regulation establishes fees; individual licensure requirements for asbestos workers, supervisors, inspectors, management planners, project designers, and project monitors; firm licensure requirements for asbestos contractors and analytical laboratories; requirements for maintaining and renewing licenses; requirements for approval of accredited asbestos training programs; and the standards of practice and conduct for licensees and accredited training programs. Pursuant to a general review of the regulation, the board proposes this comprehensive repeal-and-replace action with numerous changes. The substantive changes between the current and the proposed regulation are discussed below under five categories.

Estimated Benefits and Costs. Fee reductions for asbestos contracting firms: Currently, in order to perform asbestos work, a firm must have two licenses: one from the Board of Contractors with an asbestos specialty, and a separate asbestos contracting license from this board. The board proposes to align its requirements with the requirements of the Board for Contractors, so that the qualifications and renewal requirements are the same for each license. As a result, applicants and licensed firms for asbestos contracting who already have a license from the Board for Contractors with an asbestos specialty would be issued an asbestos contractor license from the board that covers the same time period. As a result, applicants and licensed firms will no longer have to pay an application, renewal, or late renewal fee to the board. This change is expected to reduce regulatory compliance costs for firms in terms of initial application, renewal, and late renewal fees, which are $110, $70, and $90, respectively. It is estimated that approximately 35 firms per year would no longer have to pay the initial application fee totaling $3,850/year ($110 x 35 applications). Similarly, approximately 226 firms would no longer have to pay the renewal fee totaling $15,820/year ($70 x 226 renewals). While this change would benefit asbestos contracting firms, it would also reduce board revenues by $19,670/year ($3,850 +$15,820). Additionally, asbestos contracting applications may be processed two to three business days faster as they no longer contain fees which must be processed through the finance section of the agency. Administrative costs savings to the regulated firms and the board can also be expected as they would expend less time and effort completing and processing paperwork for initial applications and renewals. The Department of Professional and Occupational Regulation (DPOR) states that the current licensing software allows for staff to check to see if a firm has a license from the Board for Contractors. Procedurally, staff can check the licensing records for the Board for Contractors to determine if a firm has a contractor license with the correct specialty service. Moreover, a new licensing software is in development that is anticipated to facilitate this process by automatically cross-checking license records to ensure the qualification is met.

Experience requirements: The board proposes several changes to reduce experience requirements for asbestos inspector, management planner, project designer, and project monitor asbestos licenses as follows: For asbestos inspector, management planner, and project designer, from 24 months to 12 months for an individual with high school diploma or equivalent, from 12 months to six months for an individual with an associate degree, from six months to three months for an individual with a master's or bachelor's degree.

For asbestos project monitor: From 160 hours to 80 hours. However, the proposal would also require that 40 of the required 80 hours be from the federal Occupational Safety and Health Administration Class I asbestos activities and the other 40 hours be from Class II asbestos activities, marginally increasing the stringency of the requirement for project monitors. The proposed reductions to experience requirements for asbestos inspector, management planner, project designer, and project monitor represent a 50% reduction which would allow affected individuals to enter the profession sooner and potentially earn higher wages. As a result, the board may see an increase in applicants. However, the board is unable to predict the potential increase in applications.

Education requirements: The board proposes to introduce a high school diploma or equivalent requirement as a minimum education qualification for asbestos supervisor and asbestos project monitor applicants. Under the proposal, supervisor or project monitor applicants that do not have a high school diploma or equivalent would have to incur time and other costs associated with meeting this requirement or forgo potentially higher wages that would result from being licensed. For example, DPOR estimates that the cost of a General Educational Development (GED) test is $144 and that approximately 29 supervisor and monitor applicants per year would be affected by this change. Thus, the aggregate cost of meeting this requirement for all affected regulants would be approximately $4,176 in (29 individuals x $144 cost of GED) to meet the proposed requirement by obtaining a GED for licensure. However, this example presumes that all of the applicants readily possess the knowledge to pass a GED test. To the extent some of the applicants require preparation to pass the GED test, the total compliance costs would be higher. The additional cost for such applicants could greatly vary between those who needs minimal preparation (e.g., days) versus extensive preparation (e.g., months or years). The additional costs for these applicants would be in terms of lower wages during the preparation for the test and the forgone wages during the time devoted to study rather than work. Similarly, another proposed change would require an asbestos supervisor applicant to have at least three months of experience in their field. Thus, applicants for supervisor license lacking the experience requirement would likely experience a delay of up to three months in securing a potentially higher wage. On the other hand, DPOR expects enhanced protection of the public health, safety, and welfare as a result of the new minimum education requirement for asbestos supervisors and asbestos project monitor licenses and the new experience requirement for asbestos supervisor licenses. Essentially, the proposal would establish that an individual has the basic education necessary to competently perform the duties of the occupation, to include being able to know and understand applicable federal and state rules pertaining to asbestos abatement. This is tied to the complexity of the duties the occupation is required to undertake. For instance, inspector, management planner, and project designer occupations require at least a high school education. These positions provide a safeguard role to ensure that abatement activities are undertaken in a manner that is safe and complies with the applicable rules. The supervisor and project monitor roles have a similar safeguarding purpose. The supervisor must oversee response actions, maintenance activities that disturb asbestos-containing material, and responses to a major asbestos fiber release. The project monitor must observe abatement activities to ensure abatement work is completed according to specification and in compliance with relevant statutes and regulations.

Criminal history disclosures: The board proposes to reduce the look back period for prior misdemeanor convictions that must be reported on a license application. Applicants would be required to disclose all misdemeanor convictions (other than marijuana convictions) that occurred within three years prior to application. Currently, applicants for licensure must disclose all misdemeanor convictions involving lying, cheating, or stealing in their lifetime. This change reduces the stringency of the current criminal history disclosure requirement and may reduce a potential barrier for some applicants entering the profession. Also, criminal history disclosure provisions would be revised to require applicants to disclose all misdemeanor convictions (other than marijuana convictions). Currently, applicants for licensure must disclose all misdemeanor convictions involving lying, cheating, or stealing in their lifetime. This change would broaden the types of convictions that must be disclosed, marginally increasing the stringency of the current requirement and thereby making it somewhat more difficult to enter this profession for some.

Reports to the board: The proposal also contains several changes to the reporting requirements. One of the changes would increase the timeframe within which a regulant must report a disciplinary action taken by another jurisdiction against an asbestos abatement license or asbestos training program accreditation from 10 days to 30 days, thereby allowing more time to report such changes. Likewise, the timeframe for an asbestos analytical laboratory to report (i) a change of resident responsible person; (ii) loss of accreditation or proficiency rating; (iii) removal of an employed analyst or project monitor from the Asbestos Analysts Registry; and (iv) change in laboratory location would be increased from 10 days to 30 days, also allowing more time to report such changes. A reporting requirement for asbestos training programs would be revised to require that the training provider report any change in the information provided to the board as part of the application for approval of the training program. Currently, a training provider must only report substantial changes to the training program curriculum, examination, program materials, principal instructors, and certificate of completion. This change would marginally increase the stringency of the current requirement by expanding the scope of reportable changes.

Other: The proposed regulation would revise the threshold value of the financial interest from $1,000 to $2,000. The threshold is used to establish financial interest. Asbestos contractors are prohibited from having a financial interest in the asbestos analytical laboratory that it uses to perform asbestos sample analysis; having a financial interest in the firm that employs the project monitor that provides monitoring services for the contractor; entering into a contract to perform an asbestos project if the asbestos inspection or project design was performed by individuals who have a financial interest in the contractor (unless certain disclosures are provided to the owner of the building that is the subject of the asbestos abatement project.) The proposed higher threshold would allow such transactions between $1,000 to $2,000 to take place without violating the conflict-of-interest rules for asbestos contractors. Finally, this action is a comprehensive repeal-and-replace action that contains many editorial and formatting changes. These types of changes are expected to improve the structure and organization of the regulatory text and improve clarity.

Businesses and Other Entities Affected. According to DPOR, as of November 1, 2024, there were 167 licensed asbestos contractors, 56 licensed asbestos laboratories, and 16 licensed asbestos laboratory branch offices. Many of the firms that hold contractor or laboratory licenses likely fall within the meaning of small business. Also, there were 1,250, licensed asbestos workers, 1,371 licensed asbestos supervisors, 672 licensed asbestos inspectors, 112 licensed asbestos management planners, 135 licensed asbestos project designers, and 299 licensed asbestos project monitors. These licenses are issued to individuals and not to businesses or entities; however, many individuals likely own or work for a small business. Finally, there are at least 31 providers of approved asbestos training courses. Many of these providers are likely to fall within the meaning of a small business. None of the regulants appears to be disproportionately affected compared to their peers. The Code of Virginia requires DPB to assess whether an adverse impact may result from the proposed regulation.² An adverse impact is indicated if there is any increase in net cost or reduction in net benefit for any entity, even if the benefits exceed the costs for all entities combined.³ The proposal would introduce a high school diploma or equivalent requirement as a minimum education qualification for asbestos supervisor and asbestos project monitor applicants and would require an asbestos supervisor applicant to have at least three months of experience in their field; broaden the criminal history disclosure provisions to require applicants to disclose all misdemeanor convictions (other than marijuana convictions); and expand the scope of reporting requirement for asbestos training programs. Thus, an adverse impact on these affected entities is indicated.

Small Businesses⁴ Affected.⁵ The expanded scope of reporting requirements for asbestos training programs, some of which may be small businesses, appears to be the only direct adverse impact. Types and Estimated Number of Small Businesses Affected: There are at least 31 providers of approved asbestos training courses. Many of these providers are likely to fall within the meaning of a small business but an exact estimate is not available. Costs and Other Effects: The proposed amendments make reporting requirement for asbestos training programs slightly more stringent by expanding the scope of reportable information. Alternative Method that Minimizes Adverse Impact: There are no clear alternative methods that both reduce adverse impact on small businesses and meet the intended policy goals.

Localities⁶ Affected.⁷ The proposed amendments do not introduce costs on localities or affect them disproportionally.

Projected Impact on Employment. Two changes (i.e., introducing a high school diploma or equivalent requirement as a minimum education qualification for asbestos supervisor and asbestos project monitor applicants and requiring an asbestos supervisor applicant to have at least three months of experience in their field; and broadening the criminal history disclosure provisions to require applicants to disclose all misdemeanor convictions other than marijuana convictions) may delay or create a barrier in obtaining a license from the board. However, the proposal also contains fee reductions for asbestos contracting firms; a reduction in experience requirements for several individual licensees; and a reduced look back period for criminal history disclosures that could possibly more than offset the negative impact on employment strictly related to asbestos work industry. However, the employment impact on the industry related to asbestos work may not translate to the net impact on total employment.

Effects on the Use and Value of Private Property. By reducing regulatory burden, the proposed fee reductions for asbestos contracting firms should add to their asset values moderately. No impact on real estate development costs is expected.

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¹ Section 2.2-4007.04 of the Code of Virginia requires that such economic impact analyses determine the public benefits and costs of the proposed amendments. Further the analysis should include but not be limited to: (1) the projected number of businesses or other entities to whom the proposed regulatory action would apply, (2) the identity of any localities and types of businesses or other entities particularly affected, (3) the projected number of persons and employment positions to be affected, (4) the projected costs to affected businesses or entities to implement or comply with the regulation, and (5) the impact on the use and value of private property.

² Pursuant to § 2.2-4007.04 D: In the event this economic impact analysis reveals that the proposed regulation would have an adverse economic impact on businesses or would impose a significant adverse economic impact on a locality, business, or entity particularly affected, the Department of Planning and Budget shall advise the Joint Commission on Administrative Rules, the House Committee on Appropriations, and the Senate Committee on Finance. Statute does not define "adverse impact," state whether only Virginia entities should be considered, nor indicate whether an adverse impact results from regulatory requirements mandated by legislation.

³ Statute does not define "adverse impact," state whether only Virginia entities should be considered, nor indicate whether an adverse impact results from regulatory requirements mandated by legislation. As a result, DPB has adopted a definition of adverse impact that assesses changes in net costs and benefits for each affected Virginia entity that directly results from discretionary changes to the regulation.

⁴ Pursuant to § 2.2-4007.04, small business is defined as "a business entity, including its affiliates, that (i) is independently owned and operated and (ii) employs fewer than 500 full-time employees or has gross annual sales of less than $6 million."

⁵ If the proposed regulatory action may have an adverse effect on small businesses, § 2.2-4007.04 requires that such economic impact analyses include: (1) an identification and estimate of the number of small businesses subject to the proposed regulation, (2) the projected reporting, recordkeeping, and other administrative costs required for small businesses to comply with the proposed regulation, including the type of professional skills necessary for preparing required reports and other documents, (3) a statement of the probable effect of the proposed regulation on affected small businesses, and (4) a description of any less intrusive or less costly alternative methods of achieving the purpose of the proposed regulation. Additionally, pursuant to § 2.2-4007.1 of the Code of Virginia, if there is a finding that a proposed regulation may have an adverse impact on small business, the Joint Commission on Administrative Rules shall be notified.

⁶ "Locality" can refer to either local governments or the locations in the Commonwealth where the activities relevant to the regulatory change are most likely to occur.

⁷ Section 2.2-4007.04 defines "particularly affected" as bearing disproportionate material impact.

Agency's Response to Economic Impact Analysis: The Virginia Board for Asbestos, Lead, and Home Inspectors concurs with the economic impact analysis prepared by the Department of Planning and Budget.

Summary:

The proposed action repeals 18VAC15-20 and promulgates 18VAC15-21. The proposed new regulation (i) establishes the entry requirements for licensure as an asbestos worker, supervisor, inspector, management planner, project designer, project monitor, asbestos contractor, and analytical laboratory; (ii) requires a high school diploma or equivalent requirement as a minimum education qualification for asbestos supervisor and asbestos project monitor applicants and at least three months of experience for asbestos supervisor applicants; (iii) reduces fees for asbestos contracting firms; (iv) reduces experience requirements by 50% for asbestos inspector, management planner, project designer, and project monitor asbestos licenses; (v) reduces the look-back period for disclosure of criminal convictions and expands the scope of such convictions; (vi) makes reporting requirements slightly less stringent for individual licensees and laboratories and more stringent for training providers; (vii) increases to $2,000 the threshold value to determine if a financial interest exists; (viii) establishes requirements for maintaining and renewing licenses; (ix) outlines requirements for approval of accredited asbestos training programs; (x) establishes standards of practice and conduct for licensees and accredited training programs; and (xi) makes numerous editorial and formatting changes.

Chapter 21

Asbestos Licensing Regulations

Part I

Definitions

18VAC15-21-10. Definitions.

A. Section 54.1-500 of the Code of Virginia provides definitions of the following terms and phrases used in this chapter:

"Accredited asbestos training program"

"Asbestos"

"Asbestos analytical laboratory license"

"Asbestos-containing materials" or "ACM"

"Asbestos management plan"

"Asbestos project" or "asbestos abatement project"

"Asbestos supervisor"

"Board"

"Friable"

"Person"

"Principal instructor"

"Training manager"

B. The following words and terms when used in this chapter will have the following meanings unless the context clearly indicates otherwise:

"AAR" means the Asbestos Analysts Registry program offered by the AIHA Registry Programs.

"AAT" means Asbestos Analyst Testing.

"Accredited training program" means a profession-specific asbestos training program or course that is approved by the board and designated as either initial or refresher and is required under the MAP as issued under the Asbestos Hazard Emergency Response Act of 1986, 40 CFR Part 763, Subpart E; or an approved training course that has been approved by EPA or another state that has an EPA-approved MAP program.

"Address of record" means the mailing address designated by the regulant to receive notices and correspondence from the board.

"AHERA" means Asbestos Hazard Emergency Response Act, 40 CFR Part 763, Subpart E.

"AIHA" means American Industrial Hygiene Association.

"Applicant" means a person who has submitted an application to the board, but has not been granted a license or accreditation by the board.

"Application" means a completed board-prescribed form submitted with the appropriate fee and other required documentation.

"Approval letter" means a written notice confirming the firm or individual applicant's licensure or accreditation of a training program by the board.

"Asbestos contractor" means a person who contracts with another person for compensation to carry out an asbestos project or to perform any work on an asbestos project.

"Asbestos inspector" means an individual who conducts an asbestos inspection.

"Asbestos inspection" means an onsite investigation to determine the potential presence or exposure of ACM.

"Asbestos management planner" means any individual preparing or updating an asbestos management plan.

"Asbestos project design" means any work plan describing the construction of an asbestos abatement area, response action, or work practices to be utilized on an asbestos abatement project.

"Asbestos project designer" means an individual who designs or develops a design for an asbestos abatement project.

"Asbestos project monitor" means an individual who monitors or acts as a monitor of an asbestos abatement project.

"Asbestos worker" means an individual who works on an asbestos abatement project.

"ASHARA" means Asbestos School Hazard Abatement Reauthorization Act, 40 CFR Part 763, Subpart E.

"BAPAT" means the Bulk Asbestos Proficiency Analytical Testing Program of the AIHA Proficiency Analytical Testing Programs.

"Board-approved training course" means a training course that has been approved by the board to provide training for individuals who act as a project monitor.

"Department" means the Department of Professional and Occupational Regulation.

"Direct supervision" means exercising oversight, direction of, and control over the work of another.

"Employee" means an individual who has an employment relationship acknowledged by both the individual and the firm and is treated as an employee for the purposes of compliance with federal income tax laws.

"Encapsulation" means the treatment of ACM with a material that surrounds or embeds asbestos fibers in an adhesive matrix to prevent the release of fibers as the encapsulant creates a membrane over the surface (i.e., bridging encapsulant) or penetrates the material and binds its components together (i.e., penetrating encapsulant).

"Encasement" means any process by which an ACM is sprayed with an insulating sealer that is then mechanically fastened to the asbestos-covered substrate. The insulating sealer is then covered with a sealer to give structural strength and durability.

"Enclosure" means the construction or installation over or around the ACM of any leak-tight solid or flexible coverings that will not deteriorate or decompose for an extended period of time so as to conceal the ACM, contain ACM fibers, and render the ACM inaccessible.

"Environmental remediation activity" means any activity planned or carried out for the purpose of reducing or eliminating any environmental hazard, including activities necessary to train individuals in the proper or lawful conduct of such activities that are regulated by federal or state law or regulation.

"EPA" means U.S. Environmental Protection Agency.

"Financial interest" means financial benefit accruing to an individual or to a member of the individual's immediate family. Such interest exists by reason of (i) ownership in a business if the ownership exceeds 3.0% of the total equity of the business; (ii) annual gross income that exceeds or may be reasonably anticipated to exceed $2,000 from ownership in real or personal property or a business; (iii) salary, other compensation, fringe benefits, or benefits from the use of property paid or provided by a business that exceeds or may be reasonably expected to exceed $2,000 annually; or (iv) ownership of real or personal property if the interest exceeds $2,000 in value and excluding ownership in business, income, salary, other compensation, fringe benefits, or benefits from the use of property.

"Firm" means a sole proprietorship, association, partnership, corporation, limited liability company, limited liability partnership, or any other form of business organization recognized under the laws of the Commonwealth.

"Guest instructor" means an instructor who is invited to instruct a specific topic in an accredited asbestos training program and whose instruction is limited to two hours per day.

"Hands-on training" means the physical participation of students in an accredited asbestos training program. Physical participation includes mock activities specific to the license discipline.

"IHLAP" means the Industrial Hygiene Laboratory Accreditation Program of the AIHA Laboratory Accreditation Programs LLC.

"IHPAT" means the Industrial Hygiene Proficiency Analytical Testing Program of the AIHA Proficiency Analytical Testing Programs LLC.

"Immediate family" means (i) a spouse, (ii) a sibling or stepsibling, (iii) a parent or stepparent, (iv) a child or stepchild, or (v) any other person residing in the same household as the individual.

"Inspection" means an activity undertaken to determine the presence or location or to access the condition of friable or nonfriable ACM or suspected ACM, whether by visual or physical examination or by collecting samples of such material. This term includes reinspections of friable and nonfriable known or assumed ACM that has been previously identified. Inspection does not include the following:

1. Periodic surveillance of the type described in 40 CFR 763.92(b) solely for the purpose of recording or reporting a change in the condition of known or assumed ACM;

2. Inspections performed by employees or agents of federal, state, or local governments solely for the purpose of determining compliance with applicable statutes or regulations; or

3. Visual inspections solely for the purpose of determining completion of response actions.

"Instructor" means a person who instructs one or more accredited asbestos training programs, including the principal instructor, but excluding guest instructors.

"MAP" means the EPA Asbestos Model Accreditation Plan (Appendix C of 40 CFR Part 763, Subpart E).

"Monitor" means observing and reviewing the activities of an asbestos contractor on an asbestos abatement project, as required by this chapter, to determine whether proper work practices are used and compliance with all asbestos laws and regulations is maintained.

"NIOSH" means National Institute of Occupational Safety and Health.

"NVLAP" means the Asbestos Fiber Analysis Program of the National Institute of Standards and Technology National Voluntary Laboratory Accreditation Program.

"Occupied" means any area of any building designed or intended for human occupancy for any purpose.

"OSHA" means the U.S. Department of Labor Occupational Safety and Health Administration.

"PCM" means phase-contrast microscopy.

"PLM" means polarized light microscopy.

"Regulant" means an asbestos worker, asbestos supervisor, asbestos inspector, asbestos management planner, asbestos project designer, asbestos project monitor, asbestos contractor, or asbestos analytical laboratory that holds a license issued by the board, or an asbestos training program that has been accredited by the board.

"Removal" means the physical removal of ACM in accordance with all applicable regulations.

"Renovation" means altering in any way one or more facility components.

"Repair" means returning damaged ACM to an undamaged condition or to an intact state so as to prevent fiber release.

"Residential buildings" means site-built homes, modular homes, condominium units, mobile homes, manufactured housing, and duplexes or other multi-unit dwellings consisting of four units or fewer that are currently in use or intended for use only for residential purposes.

"Response action" means any method, including removal, encapsulation, enclosure, encasement, or operation and maintenance, that protects human health and the environment from ACM.

"Responsible individual" means the employee, officer, manager, owner, or principal of the firm who is designated by each firm to ensure compliance with Chapter 5 (§ 54.1-500 et seq.) of Title 54.1 of the Code of Virginia and all regulations of the board and to receive communications and notices from the board that may affect the firm.

"Substantial change" means a change in overall asbestos training program, materials, principal instructors, training managers, directors, ownership, facilities, equipment, examinations, or certificates of completion. The addition of updated regulations, exam questions, or news articles will not be considered a substantial change.

"TEM" means transmission electron microscopy.

"Visual inspection" means a process of looking for conditions that, if not corrected during an asbestos abatement project, could result in residual asbestos-containing dust or debris. Visual inspection includes examination of an asbestos abatement project area prior to clearance air monitoring for evidence that the project has been successfully completed as indicated by the absence of residue, dust, and debris.

Part II

Entry

18VAC15-21-20. Application procedures.

A. All applicants seeking licensure must submit an application with the appropriate fee specified in 18VAC15-21-180. Application must be made on forms provided by the board or the board's agent.

1. By submitting the application to the department, the applicant certifies that the applicant has read and understands the applicable statutes and the board’s regulations.

2. The receipt of an application and the deposit of fees by the department does not indicate approval of the application by the board.

B. The board may make further inquiries and investigations with respect to the applicant's qualifications to confirm or amplify information supplied. All applications must be completed in accordance with the instructions contained in this chapter and on the application. Applications will not be considered complete until all required documents are received by the board.

C. The applicant will be notified if the application is incomplete. A person who fails to complete the application process within 12 months after the date the department receives the application must submit a new application and fee.

D. The applicant must immediately report all changes in information supplied with the application, if applicable, prior to issuance of the license or expiration of the application.

18VAC15-21-30. General requirements for licensure: individuals.

A. In addition to the specific qualifications for each license type, each applicant for individual licensure must meet the requirements provided in this section.

B. The applicant must disclose the applicant's full legal name.

C. The applicant must be at least 18 years of age.

D. The applicant must disclose the applicant's mailing address. A post office box is only acceptable as a mailing address when a physical address is also provided.

E. In accordance with § 54.1-204 of the Code of Virginia, each applicant must disclose the following information:

1. All felony convictions.

2. All misdemeanor convictions related to environmental remediation activity.

3. All misdemeanor convictions, excluding marijuana convictions, that occurred within three years of the date of application.

The board, at its discretion, may deny licensure to any applicant in accordance with § 54.1-204 of the Code of Virginia.

F. The applicant must report any action taken by any board or administrative body in any jurisdiction against a professional or occupational license, certification, or registration issued to the applicant, to include any suspension, revocation, or surrender of a license, certification, or registration; imposition of a monetary penalty; or requirement to take remedial education or other corrective action. The board, at its discretion, may deny licensure to any applicant for any prior action taken by any board or administrative body in any jurisdiction.

G. Applicants must be in compliance with the standards of practice and conduct set forth in Part VI (18VAC15-21-380 et seq.) and Part VII (18VAC15-21-460 et seq.) of this chapter at the time of application to the board, while the application is under review by the board, and at all times when the license is in effect.

18VAC15-21-40. Application denial.

A. The board may refuse initial licensure or accreditation due to an applicant's failure to comply with entry requirements or for any of the reasons for which the board may discipline a regulant.

B. The applicant has the right to request further review of any such action by the board under the Administrative Process Act (§ 2.2-4000 et seq. of the Code of Virginia).

18VAC15-21-50. Qualifications for asbestos worker license.

Each individual applying for an asbestos worker license must provide proof of successful completion of (i) an EPA-approved or board-approved initial accredited asbestos worker training program and all subsequent EPA-approved or board-approved accredited asbestos worker refresher training programs or (ii) an EPA-approved or board-approved initial accredited supervisor training program and all subsequent EPA-approved or board-approved accredited asbestos supervisor refresher training programs. The training certificate must indicate that the training was taken within 12 months preceding the date the department receives the application.

18VAC15-21-60. Qualifications for asbestos supervisor license.

A. Each individual applying for an asbestos supervisor license must:

1. Have a high school diploma or equivalent;

2. Provide proof of successful completion of an EPA-approved or board-approved initial accredited supervisor training program and all subsequent EPA-approved or board-approved accredited asbestos supervisor refresher training programs. The training certificate must indicate that the training was taken within 12 months preceding the date the department receives the application; and

3. Furnish acceptable documentation of three months of experience in asbestos abatement work.

B. The experience submitted pursuant to subsection A of this section must meet the requirements of 18VAC15-21-120.

18VAC15-21-70. Qualifications for asbestos inspector license.

A. Each individual applying for an asbestos inspector license must provide:

1. Proof of successful completion of an EPA-approved or board-approved initial accredited inspector training program and all subsequent EPA-approved or board-approved accredited asbestos inspector refresher training programs; and

2. Evidence of experience in performing asbestos inspections in buildings or industrial facilities, including collecting bulk samples, categorizing ACM, assessing ACM, and preparing inspection reports. The applicant must furnish acceptable documentation that one of the following qualifications has been met:

Education	Experience
Acceptable master's or bachelor's degree program	Three months or performed a minimum of seven inspections
Acceptable associate's degree program	Six months or performed a minimum of 10 inspections
High school diploma or equivalent	12 months or performed a minimum of 15 inspections

B. The education submitted pursuant to subsection A of this section must meet the requirements of 18VAC15-21-110. The experience submitted pursuant to subsection A of this section must comply with 18VAC15-21-120.

18VAC15-21-80. Qualifications for asbestos management planner license.

A. Each individual applying for an asbestos management planner license must provide:

1. Proof of successful completion of (i) an EPA-approved or board-approved initial accredited management planner training program and all subsequent EPA-approved or board-approved accredited asbestos management planner refresher training programs and (ii) an EPA-approved or board-approved initial accredited inspector training program and all subsequent EPA-approved or board-approved accredited asbestos inspector refresher training programs; and

2. Evidence of experience evaluating inspection reports, selecting response actions, analyzing the cost of response actions, ranking response actions, preparing operations and maintenance plans, and preparing management plans. The applicant must furnish acceptable documentation that one of the following qualifications has been met:

Education	Experience
Acceptable master's or bachelor's degree program	Three months or prepared a minimum of three management plans
Acceptable associate's degree program	Six months or prepared a minimum of five management plans
High school diploma or equivalent	12 months or prepared a minimum of seven management plans

B. The education submitted pursuant to subsection A of this section must meet the requirements of 18VAC15-21-110. The experience submitted pursuant to subsection A of this section must comply with 18VAC15-21-120.

18VAC15-21-90. Qualifications for asbestos project designer license.

A. Each individual applying for an asbestos project designer license must provide:

1. Proof of successful completion of an EPA-approved or board-approved initial accredited project designer training program and all subsequent EPA-approved or board-approved accredited asbestos project designer refresher training programs; and

2. Evidence of experience in the preparation of project designs or project specifications. The applicant must furnish acceptable documentation that one of the following qualifications has been met:

Education	Experience
Acceptable master's or bachelor's degree program	Three months or completed a minimum of five project designs
Acceptable associate's degree program	Six months or completed a minimum of seven project designs
High school diploma or equivalent	12 months or completed a minimum of 10 project designs

B. The education submitted pursuant to subsection A of this section must meet the requirements of 18VAC15-21-110. The experience submitted pursuant to subsection A of this section must comply with 18VAC15-21-120.

18VAC15-21-100. Qualifications for asbestos project monitor license.

A. Each individual applying for an asbestos project monitor license must have a high school diploma or equivalent and provide:

1. Proof of (i) a current certification by EPA as an asbestos project designer or asbestos supervisor and successful completion of a board-approved asbestos project monitor training program of 16 hours, including the examination, or (ii) successful completion of a board-approved asbestos project monitor training program of 40 hours, including examination. Only project monitor training programs that are board approved will be accepted for meeting the training requirement; and

2. Evidence of 80 hours of experience in performing asbestos project monitoring through field work on project sites, of which at least 40 hours must be from OSHA Class I asbestos activities and at least 40 hours must be from OSHA Class II asbestos activities. This includes evaluating and monitoring asbestos work practices, collecting environmental asbestos air samples during abatement, performing visual inspections, and taking final air samples to grant clearance for asbestos abatement projects.

B. The experience submitted pursuant to subdivision A 2 of this section must comply with 18VAC15-21-120.

18VAC15-21-110. Acceptable degree programs.

A. Applicants seeking to qualify for licensure based on completion of an associate's, bachelor's, or master's degree must submit an official transcript from the school where the applicable degree was obtained. Only degrees from an accredited college or university that is approved or accredited by the Commission on Colleges of the Southern Association of Colleges and Schools, a regional or national accreditation association, or by an accrediting agency that is recognized by the U.S. Secretary of Education will be considered.

B. The following degrees will be considered to qualify in accordance with 18VAC15-21-70 A 2, 18VAC15-21-80 A 2, or 18VAC15-21-90 A 2:

1. Bachelor's or master's degree in engineering, architecture, industrial hygiene, environmental science or studies, or physical science;

2. Bachelor's degree in a related field that includes a minimum of 40 semester credit hours in any combination of science, technology, engineering and math;

3. Master's degree in a related field and a bachelor's degree in any major such that the combined degrees include a minimum of 40 semester credit hours in any combination of science, technology, engineering, and math; or

4. Associate's degree in engineering, architecture, industrial hygiene, environmental science or studies, or physical science, or a related field that includes a minimum of 20 credit hours in any combination of science, technology, engineering, and math.

18VAC15-21-120. Experience used to qualify for licensure.

A. Experience used to qualify for licensure in accordance with 18VAC15-21-60 A 3, 18VAC15-21-70 A 2, 18VAC15-21-80 A 2, 18VAC15-21-90 A 2, or 18VAC15-21-100 A 2 may be obtained by:

1. Working in the applicable profession in another state, provided such work complied with all federal, state, and local statutes.

2. Working in the applicable profession under the direct supervision of a properly licensed individual or EPA-certified individual where no license is required. All reports prepared by the unlicensed individual must be signed by the licensed or EPA-certified individual. The licensed or EPA-certified individual assumes responsibility for all work conducted and reports prepared, as applicable, by the unlicensed individual.

B. Experience used to qualify for licensure must be verified by a supervisor on a board-approved experience verification form signed by a supervisor verifying the applicant's experience. An applicant who is self-employed or otherwise unable to obtain a verifying signature for experience must submit five copies of the completed inspections, management plans, project designs, or project monitor reports, as applicable to the license sought.

18VAC15-21-130. Individuals certified or licensed in another jurisdiction.

A. The board may issue a license to an applicant who holds an equivalent and valid license or certificate in another state, the District of Columbia, or any other territory or possession of the United States, provided the requirements and standards under which the license or certificate was issued are substantially equivalent to those established in this chapter and related statutes. The applicant will only need to provide the most recent, current asbestos training program for the applicable license type.

B. In order to qualify in accordance with this section, the applicant must provide proof of a valid license or certificate in the other state acceptable to the board and must be in good standing by the issuing license or certification authority.

18VAC15-21-140. Qualifications for asbestos contractor license.

A firm that holds a valid contractor license issued by the Board for Contractors with an asbestos contracting specialty service designation in accordance with Chapter 11 (§ 54.1-1100 et seq.) of Title 54.1 of the Code of Virginia and the regulations of the Board for Contractors is deemed qualified for an asbestos contractor license pursuant to Chapter 5 (§ 54.1-500 et seq.) of Title 54.1 of the Code of Virginia and this chapter. Upon verification of the firm's licensure with the Board for Contractors, the board will issue an asbestos contractor license to such firm for a license term that coincides with the license issued by the Board for Contractors.

18VAC15-21-150. General qualifications for an asbestos analytical laboratory license.

A. Each firm applying for an asbestos analytical laboratory license must meet the requirements of this section.

B. The applicant must disclose the name under which the firm conducts business and holds itself out to the public. In accordance with Chapter 5 (§ 59.1-69 et seq.) of Title 59.1 of the Code of Virginia, the firm must register any trade or fictitious names, when applicable, with the State Corporation Commission before submitting an application to the board.

C. The applicant must disclose the firm's mailing address and the firm's physical address.

D. In accordance with § 54.1-204 of the Code of Virginia, the applicant must disclose the following information about the firm and its owners, officers, managers, members, and directors, as applicable:

1. All felony convictions;

2. All misdemeanor convictions, except marijuana convictions, within the last three years; and

3. Any conviction involving environmental remediation activity that resulted in the significant harm or the imminent and substantial threat of significant harm to human health or the environment.

E. The board, at its discretion, may deny licensure to any applicant in accordance with § 54.1-204 of the Code of Virginia. The applicant has the right to request further review of any such action by the board under the Administrative Process Act (§ 2.2- 4000 et seq. of the Code of Virginia).

F. The applicant must report any disciplinary action taken by any board or administrative body in any jurisdiction against a professional or occupational license, certification, or registration issued to the firm, its owners, officers, managers, members, or directors and, as applicable, any reprimand, suspension, revocation, or surrender of a license, certification, or registration, imposition of a monetary penalty, or requirement to take remedial education or other corrective action. The board, at its discretion, may deny licensure to any applicant based on disciplinary action taken by any board or administrative body in any jurisdiction.

G. The board may deny the application of an applicant who is shown to have a substantial identity of interest with a person whose license or certificate has been revoked or not renewed by the board. A substantial identity of interest includes (i) a controlling financial interest by the individual or corporate principals of the person whose license or certificate has been revoked or has not been renewed or (ii) substantially identical owners, officers, managers, members, or directors, as applicable.

18VAC15-21-160. Qualifications for asbestos analytical laboratory analysis type.

A. In addition to the requirements of 18VAC15-21-150, each applicant for an asbestos analytical laboratory license must submit evidence of meeting the standards to perform PLM, PCM, or TEM analysis.

1. For PLM analysis, one of the following:

a. Current NVLAP accreditation demonstrated by submittal of a copy of the most recent Certificate of Accreditation and Scope of Accreditation;

b. The asbestos analytical laboratory is currently rated "proficient" in the BAPAT Program; or

c. The asbestos analytical laboratory is currently accredited under the IHLAP.

2. For PCM analysis, each analyst must have completed the NIOSH 582 or NIOSH 582 Equivalency course. In addition, at least one of the following must be satisfied:

a. At fixed laboratory sites, one of the following qualifications must be met:

(1) The asbestos analytical laboratory is currently accredited under the IHLAP;

(2) The asbestos analytical laboratory is currently rated "proficient" in the IHPAT Program; or

(3) Each analyst is listed in the AAR and has a performance rating of "acceptable" for the most recent AAT round.

b. For onsite analysis, one of the following qualifications must be met:

(1) The asbestos analytical laboratory is currently rated "proficient" in the IHPAT Program;

(2) The asbestos analytical laboratory is currently accredited under the IHLAP; or

(3) Each analyst is listed in the AAR and has a performance rating of "acceptable" for the most recent AAT round.

3. For TEM analysis, a current accreditation by NVLAP to analyze asbestos airborne fibers using TEM as demonstrated by submitting a copy of the NVLAP Certificate of Accreditation and Scope of Accreditation.

B. The applicant must name a responsible individual for the asbestos analytical laboratory.

C. Any branch office of an asbestos analytical laboratory must complete a branch office application from the board. Each branch office will name a resident responsible individual at each branch office.

D. The branch office application must provide the information contained in subsection A of this section for the applicable branch office.

E. Any training and quality control documentation required to be maintained pursuant to this section must be provided to the board upon request.

Part III

Fees

18VAC15-21-170. General fee requirements.

All fees are nonrefundable and will not be prorated. The date on which the fee is received by the department or the department's agent will determine whether the fee is on time. Checks or money orders must be made payable to the Treasurer of Virginia.

18VAC15-21-180. Application fees.

Application fees are set out in this section.

Fee Type	Fee Amount	When Due
Application for worker, supervisor, inspector, management planner, project designer, or project monitor license	$80	With application
Application for asbestos analytical laboratory license	$120	With application
Application for asbestos analytical laboratory branch office	$100	With application
Application for accredited asbestos training program approval	$500 per day of training	With application

18VAC15-21-190. Renewal and late renewal fees.

A. Renewal and late renewal fees are set out in this section.

Fee Type	Fee Amount	When Due
Renewal for worker, supervisor, inspector, management planner, project designer, or project monitor license	$45	With renewal application
Renewal for asbestos analytical laboratory license	$75	With renewal application
Renewal for asbestos analytical laboratory branch office	$55	With renewal application
Renewal for accredited asbestos training program approval	$125	With renewal application
Late renewal for worker, supervisor, inspector, management planner, project designer, or project monitor license (includes a $35 late renewal fee in addition to the regular $45 renewal fee)	$80	With renewal application
Late renewal for asbestos analytical laboratory license (includes a $35 late renewal fee in addition to the regular $75 renewal fee)	$110	With renewal application
Late renewal for asbestos analytical laboratory branch office (includes $35 late renewal fee in addition to the regular $55 renewal fee)	$90	With renewal application
Late renewal for accredited asbestos training program approval (includes a $35 late renewal fee in addition to the regular $125 renewal fee)	$160	With renewal application

B. For licenses expiring after February 1, 2023, and before February 1, 2025, the renewal fees will be as follows:

Renewal for worker, supervisor, inspector, management planner, project designer, or project monitor license	$25
Renewal for asbestos analytical laboratory license	$40
Renewal for asbestos analytical laboratory branch office	$40
Renewal for accredited asbestos training program approval	$40

For late renewals received after March 1, 2023, and on or before February 28, 2025, the late renewal fees will be as follows:

Late renewal for worker, supervisor, inspector, management planner, project designer, or project monitor license	$60
Late renewal for asbestos analytical laboratory license	$75
Late renewal for asbestos analytical laboratory branch office	$75
Late renewal for accredited asbestos training program approval	$75

Part IV

Renewal

18VAC15-21-200. Renewal required.

A. Each individual asbestos license issued under this chapter will expire 12 months from the last day of the month in which it was issued.

B. Each asbestos analytical laboratory license issued under this chapter will expire 12 months from the last day of the month in which it was issued.

C. Each accredited asbestos training program will expire 24 months from the last day of the month in which it was approved.

D. Each asbestos contractor license will expire on the expiration date of the corresponding contractor license issued by the Board for Contractors.

18VAC15-21-210. Procedures for renewal.

A. The department will send a renewal notice to each regulant at the address of record. Failure to receive the notice does not relieve the licensee or the accredited asbestos training program of the obligation to renew.

B. Prior to the license expiration, each licensed asbestos analytical laboratory desiring to renew the license must submit the appropriate fee specified in 18VAC15-21-190 to the department. A licensed asbestos analytical laboratory must also submit documentation that the laboratory continues to meet the requirements specified in 18VAC15-21-160 for the type of analysis the laboratory is licensed to perform.

C. Prior to the license expiration date, each licensed individual desiring to renew a license must provide evidence of meeting the annual refresher training requirement for license renewal and the appropriate fee specified in 18VAC15-21-190. The board will accept any asbestos training programs that are approved by EPA or the board. A copy of the training certificate documenting the successful completion of the refresher training for the license type being renewed and meeting the requirements outlined in this chapter must accompany the fee.

1. For renewal of an asbestos worker license, the board will accept evidence of completion of asbestos supervisor refresher training to satisfy the refresher training requirement.

2. For renewal of an asbestos management planner license, a management planner must complete both a management planner refresher training program and an inspector refresher training program.

3. For renewal of an asbestos project monitor license, the board will accept evidence of the following to satisfy the refresher training requirement:

a. For project monitors who also hold a valid Virginia asbestos supervisor or project designer license, completion of a supervisor refresher or project designer refresher, as is applicable to the EPA certification submitted for initial licensure as specified in 18VAC15-21-90; or

b. For project monitors who hold only a project monitor license, completion of a board-approved asbestos project monitor refresher training program to meet renewal requirements.

D. Prior to the approval letter expiration date, each accredited asbestos training program desiring to renew the approval must submit the appropriate fee specified in 18VAC-15-21-190.

E. Annual refresher training certificates will only be used once to renew an individual license.

F. Each license and each accredited asbestos training program approval that is not renewed within 30 days of the expiration date on the license or approval letter will be subject to late renewal fees as established in 18VAC15-21-190.

G. A firm with an asbestos contractor license must provide documentation that the corresponding contractor license issued by the Board for Contractors is current and valid. Upon verification of the firm's licensure with the Board for Contractors, the board will renew the asbestos contractor license for a license term that coincides with the license issued by the Board for Contractors.

H. Each license and each approved accredited asbestos training program that is not renewed within 12 months after the expiration date will not be renewed. The individual or firm must apply for a new license or approval and meet entry requirements current at the time the new application is submitted.

Part V

Approval of Training Programs and Courses

18VAC15-21-220. Application procedures for accredited asbestos training program approval.

A. Training programs desiring board approval must meet the minimum requirements established in this chapter. Persons requesting approval as an accredited asbestos training program to prepare training program participants for licensure requirements must submit the appropriate application form along with the following:

1. Training provider's business name, physical address, mailing address, and telephone number.

2. Copies of documentation of approval of the asbestos training program issued by EPA or other states, if applicable.

3. Applicable fee specified in 18VAC15-21-180.

4. The training program curriculum.

5. A narrative explaining how the training program meets the requirements for approval in the following areas:

a. Length of training in hours.

b. Amount and type of hands-on training.

c. Examinations (length, format, and passing score).

d. Topics covered in the training program.

e. Assurances of test security and how exams are administered.

6. A copy of all training program materials, including student manuals, instructor notebooks, handouts, and training aids.

7. A copy of the examination used and applicable answer sheets.

8. The name and documentation of the qualifications of the training manager. The training manager employed by the applicant must meet the requirements of 18VAC15-21-230.

9. The names and documentation of the qualifications of each principal instructor and subject areas that each principal instructor will teach. Principal instructors must meet the requirements of 18VAC15-21-240.

10. An example of the completion certificate that will be issued to students who successfully complete the accredited asbestos training program.

11. A proposed training program date for auditing purposes. The proposed date will be confirmed or an alternate date will be proposed within 10 business days after receipt of a complete asbestos training program application.

B. An application must contain all information required by this section.

C. An application must be received by the department no less than 45 days prior to the requested audit date.

D. Upon receipt of an application, a preliminary review will be conducted to ensure compliance with this chapter. The applicant will be notified if the application is incomplete or is deficient. All deficiencies must be corrected prior to the onsite audit.

E. Upon completion of the preliminary review, the board will conduct an onsite audit. The applicant will be notified of any deficiencies identified during the audit. All deficiencies must be corrected prior to approval of the application.

F. Onsite audits are not required for final approval of asbestos courses with a primary location that is out of state, to be conducted solely out of state, so long as the course is currently approved by a MAP state. Proof of MAP state approval must be submitted with the application.

G. All training programs must have a monitored, final written examination.

18VAC15-21-230. Training manager qualifications.

An accredited asbestos training program must employ a training manager who:

1. Has a minimum of two years of experience in teaching adults; or

2. Has a minimum of three years of experience in the asbestos abatement industry.

18VAC15-21-240. Principal instructor qualifications.

A. An accredited asbestos training program must use principal instructors who:

1. Have a minimum of 24 hours of asbestos-specific training; and

2. Have a minimum of two years of experience in the asbestos abatement industry or a minimum of two years of experience in teaching adults.

B. Guest instructors are exempt from instructor qualifications and are limited to no more than two hours of training per day.

18VAC15-21-250. Accredited asbestos training program requirements.

In all of the accredited asbestos training program requirements, one day is equal to eight hours, inclusive of lunch and breaks.

18VAC15-21-260. Initial worker training.

A. An initial worker training program must last a minimum of four days. The worker training program must include lectures, demonstrations, at least 14 hours of hands-on training, a training program review, and an examination.

B. The worker training program must address the following topics:

1. Physical characteristics of asbestos.

a. Identification of asbestos.

b. Aerodynamic characteristics.

c. Typical uses and physical appearance.

d. A summary of abatement control options.

2. Potential health effects related to asbestos exposure.

a. The nature of asbestos-related diseases.

b. Routes of exposure, dose-response relationships, and the lack of a safe exposure level.

c. Synergism between cigarette smoking and asbestos exposure.

d. Latency period for disease.

3. Employee personal protective equipment.

a. Classes and characteristics of respirator types.

b. Limitations of respirators and proper selection, inspection, donning, use, maintenance, and storage procedures.

c. Methods for field testing of the facepiece-to-face seal (e.g., positive and negative pressure fitting tests).

d. Qualitative and quantitative fit testing procedures.

e. Variability between field and laboratory protection factors.

f. Factors that alter respirator fit (e.g., facial hair).

g. The components of a proper respiratory protection program.

h. Selection and use of personal protective clothing and use, storage, and handling of nondisposable clothing.

i. Regulations covering personal protective equipment.

4. State-of-the-art work practices.

a. Asbestos abatement activities, including descriptions of construction and maintenance of barriers and decontamination enclosure systems.

b. Positioning of warning signs.

c. Electrical and ventilation system lock-out.

d. Working techniques for minimizing fiber release, use of wet methods, use of negative pressure ventilation equipment, and use of high efficiency particulate air (HEPA) vacuums.

e. Clean-up and disposal procedures.

f. Work practices for removal, encapsulation, enclosure, and repair.

g. Emergency procedures for sudden releases.

h. Potential exposure situations and transport and disposal procedures.

i. Recommended and prohibited work practices.

5. Personal hygiene.

a. Entry and exit procedures for the work area, use of showers, avoidance of eating, drinking, smoking, and chewing (gum or tobacco) in the work area.

b. Potential exposures, including family exposure.

6. Additional safety hazards.

a. Hazards encountered during abatement activities, including electrical hazards, heat stress, air contaminants other than asbestos, fire, and explosion hazards, and how to deal with them.

b. Scaffold and ladder hazards.

c. Slips, trips, and falls.

d. Confined spaces.

7. Medical monitoring.

a. OSHA requirements for a pulmonary function test.

b. Chest X-rays and a medical history for each employee.

8. Air monitoring.

a. Procedures to determine airborne concentrations of asbestos fibers.

b. Focusing on how personal air sampling is performed and the reasons for it.

9. Relevant federal, state, and local regulatory requirements, procedures, and standards, with particular attention directed at relevant EPA, OSHA, and state regulations concerning asbestos abatement workers and Department of Transportation regulations (49 CFR 172 Subpart H), with emphasis on packaging requirements and marking of containers of ACM waste.

10. Establishment of respiratory protection programs.

11. Training program review. A review of key aspects of the accredited asbestos training program.

C. Upon completion of the worker training program, the training program must administer a closed-book examination. Each examination must cover the topics required by this section.

1. Each examination must have 50 multiple choice questions.

2. The passing score on the examination must be 70%.

18VAC15-21-270. Worker refresher training program.

A. A worker refresher training program must be at least one day. The worker refresher training program must review federal and state regulations and discuss changes to the regulations, if applicable, and developments in state-of-the-art procedures. A review of the following topics from the initial worker training program must be included in the worker refresher training program:

1. Potential health effects related to asbestos exposure;

2. Employee personal protective equipment;

3. Personal hygiene; and

4. Additional safety hazards.

B. A written closed-book examination must be included in the refresher training program. The examination will consist of no fewer than 50 questions. The passing score will be 70% correct. Persons who pass the examination and fulfill the training program requirements will receive a certificate of completion as specified in this chapter.

18VAC15-21-280. Initial supervisor training.

A. An initial supervisor training program must last a minimum of five days. The supervisor training program must include lectures; demonstrations; at least 14 hours of hands-on training, which must permit supervisors to have actual experience performing tasks associated with asbestos abatement; a training program review; and an examination.

B. The supervisor training program must address the following topics:

1. The role of the supervisor in the asbestos abatement process.

2. The physical characteristics of asbestos and asbestos-containing materials.

a. Identification of asbestos.

b. Aerodynamic characteristics.

c. Typical uses and physical appearance.

d. A review of hazard assessment considerations.

e. A summary of abatement control options.

3. Potential health effects related to asbestos exposure.

a. The nature of asbestos-related diseases.

b. Routes of exposure, dose-response relationships, and the lack of a safe exposure level.

c. Synergism between cigarette smoking and asbestos exposure.

d. Latency period for disease.

4. Employee personal protective equipment.

a. Classes and characteristics of respirator types.

b. Limitations of respirators and proper selection, inspection, donning, use, maintenance, and storage procedures.

c. Methods for field testing of the facepiece-to-face seal (e.g., positive and negative pressure fitting tests).

d. Qualitative and quantitative fit testing procedures.

e. Variability between field and laboratory protection factors.

f. Factors that alter respirator fit (e.g., facial hair).

g. The components of a proper respiratory protection program.

h. Selection and use of personal protective clothing and use, storage, and handling of nondisposable clothing.

i. Regulations covering personal protective equipment.

5. State-of-the-art work practices.

a. Work practices for asbestos abatement activities, including descriptions of proper construction and maintenance of barriers and decontamination enclosure systems.

b. Positioning of warning signs.

c. Electrical and ventilation system lock-out.

d. Working techniques for minimizing fiber release, use of wet methods, use of negative pressure ventilation equipment, and use of high efficiency particulate air (HEPA) vacuums.

e. Clean-up and disposal procedures.

f. Work practices for removal, encapsulation, encasement, enclosure, and repair.

g. Emergency procedures for sudden releases.

h. Potential exposure situations.

i. Transport and disposal procedures.

j. Recommended and prohibited work practices.

k. Discussion of new abatement-related techniques and methodologies.

6. Personal hygiene.

a. Entry and exit procedures for the work area; use of showers; and avoidance of eating, drinking, smoking, and chewing (gum or tobacco) in the work area.

b. Potential exposures, such as family exposure, must also be included.

7. Additional safety hazards.

a. Hazards encountered during abatement activities, including electrical hazards, heat stress, air contaminants other than asbestos, fire, and explosion hazards, and how to deal with them.

b. Scaffold and ladder hazards.

c. Slips, trips, and falls.

d. Confined spaces.

8. Medical monitoring. OSHA requirements for a pulmonary function test, chest X-rays, and a medical history for each employee.

9. Air monitoring.

a. Procedures to determine airborne concentration of asbestos fibers, including a description of aggressive sampling, sampling equipment, and methods.

b. Reasons for air monitoring.

c. Types of samples and interpretation of results, specifically from analysis performed by polarized light, phase-contrast, and electron microscopy analyses.

10. Relevant federal, state, and local regulatory requirements, procedures, and standards, including:

a. Requirements of Title II (§ 2641 et seq.) of the Toxic Substance Control Act (15 USC § 2601 et seq.);

b. 40 CFR Part 61, National Emission Standards for Hazardous Air Pollutants, Subparts A (General Provisions) and M (National Emission Standards for Asbestos);

c. OSHA Standards for Respiratory Protection (29 CFR 1910.134);

d. OSHA Asbestos Construction Standard (29 CFR 1926.1101);

e. EPA Worker Protection Rule, 40 CFR Part 763, Subpart G;

f. Requirements for Asbestos-Containing Waste Materials, 9VAC20-81-620; and

g. Department of Transportation regulations (49 CFR Part 172, Subpart H) covering packaging, proper marking of shipping containers, and shipping papers.

11. A review of NESHAP guidance documents.

a. Common Questions on the asbestos NESHAP.

b. Asbestos NESHAP: Regulated Asbestos Containing Materials Guidance (EPA 340/1-90-018).

c. Asbestos NESHAP: Adequately Wet Guidance (EPA 340/1-90-019).

d. Reporting and Record Keeping Requirements for Waste Disposal: A Field Guide (EPA 340/1-90-016).

12. Respiratory protection programs and medical surveillance programs.

13. Insurance and liability issues.

a. Contractor issues, workers' compensation coverage, and exclusions.

b. Third-party liabilities and defenses.

c. Insurance coverage and exclusions.

14. Recordkeeping for asbestos abatement projects:

a. Records required by federal, state, and local regulations.

b. Records recommended for legal and insurance purposes.

15. Supervisory techniques for asbestos abatement activities. Supervisory practices to enforce and reinforce the required work practices and to discourage unsafe work practices.

16. Contract specifications. Discussions of key elements that are included in contract specifications.

17. Training program review. A review of key aspects of the accredited asbestos training program.

C. Upon completion of the supervisor training program, the training program must administer a closed-book examination. Each examination must cover the topics required by this section.

1. Each examination must have 100 multiple choice questions.

2. The passing score on the examination must be 70%.

18VAC15-21-290. Supervisor refresher training program.

A. A supervisor refresher training program must be one day. The supervisor refresher training program must review federal and state regulations, discuss changes to the regulations, if applicable, and developments in state-of-the-art procedures. A review of the following topics from the initial accredited asbestos training program must be included in the asbestos supervisor refresher training program:

1. Potential health effects related to asbestos exposure;

2. Employee personal protective equipment, including medical monitoring and respiratory protection program;

3. Additional safety hazards and medical monitoring;

4. Review of the asbestos NESHAP, OSHA, and Department of Transportation requirements; and

5. Review of Virginia regulations concerning asbestos licensing, removal, and disposal.

B. A written closed-book examination must be included in the refresher training program. The examination will consist of no fewer than 50 questions. The passing score will be 70% correct. Persons who pass the refresher training program examination will receive a certificate of completion as specified in this chapter.

18VAC15-21-300. Initial inspector training.

A. An initial inspector training program must last a minimum of three days. The inspector training program must include lectures, demonstrations, at least four hours of hands-on training, a training program review, and an examination.

B. The inspector training program must address the following topics:

1. Training program overview.

a. The role of the inspector in the asbestos abatement industry.

b. A discussion of inspection requirements and criteria for AHERA, NESHAP, and state agencies.

2. Background information on asbestos.

a. Identification of asbestos and examples and discussion of the uses and locations of asbestos in buildings.

b. Physical appearance of asbestos.

3. Potential health effects related to asbestos exposure.

a. The nature of asbestos-related diseases.

b. Routes of exposure, dose-response relationships, and the lack of a safe exposure level.

c. The synergism between cigarette smoking and asbestos exposure.

d. Latency period for asbestos-related diseases and a discussion of the relationship of asbestos exposure to asbestosis, lung cancer, mesothelioma, and cancer of other organs.

4. Functions of and qualifications for inspectors.

a. Discussions of prior experience and qualifications for inspectors and management planners.

b. Discussions of the functions of an accredited inspector as compared to those of an accredited management planner.

c. Discussion of the inspection process, including inventory of ACM and physical assessment.

5. Legal liabilities and defenses.

a. Responsibilities of the inspector, a discussion of comprehensive general liability policies, claims made and occurrence policies, environment and pollution liability policy clauses; state liability insurance requirements.

b. Bonding and relationship of insurance availability to bond availability.

6. Understanding building systems.

a. The relationship between building systems, including an overview of common building physical plan layout; heat, ventilation, and air conditioning (HVAC) system types; physical organization; and where asbestos is found on HVAC components.

b. Building mechanical systems, including types and organization and where to look for asbestos on such systems.

c. Inspecting electrical systems, including appropriate safety precautions.

d. Reading building plans and as-built drawings.

7. Public, employee, and building occupant relations.

a. Notification of employee organizations about the inspection.

b. Signs to warn building occupants.

c. Tactics in dealing with occupants and the press.

d. Scheduling inspections to minimize disruptions.

e. Education of building occupants about actions being taken.

8. Pre-inspection planning and review of previous inspection records.

a. Scheduling the inspection and obtaining access.

b. Building record review and identification of probable homogeneous areas from building plans or as-built drawings.

c. Consultation with maintenance or building personnel.

d. Review of previous inspection, sampling, and abatement records of a building.

e. The role of the inspector in exclusions for previously performed inspections.

9. Inspection for friable and nonfriable ACM and assessment of the condition of friable ACM.

a. Procedures to follow in conducting visual inspections for friable and nonfriable ACM.

b. Types of building materials that may contain asbestos.

c. Touching materials to determine friability.

d. Open return air plenums and their importance in HVAC systems.

e. Assessing damage, significant damage, potential damage, and potential significant damage.

f. Amount of suspected ACM, both in total quantity and as a percentage of the total area.

g. Type of damage.

h. Accessibility.

i. Material's potential for disturbance.

j. Known or suspected causes of damage or significant damage, and deterioration as assessment factors.

10. Bulk sampling and documentation of asbestos in schools.

a. Detailed discussion of the "Simplified Sampling Scheme for Friable Surfacing Materials" (EPA 560/5-85-030a October 1985).

b. Techniques to ensure sampling in a randomly distributed manner for other than friable surfacing materials.

c. Techniques for bulk sampling.

d. Sampling equipment the inspector should use.

e. Patching or repair of damage done in sampling; an inspector's repair kit.

f. Discussion of polarized light microscopy.

g. Choosing an accredited laboratory to analyze bulk samples.

h. Quality control and quality assurance procedures.

11. Inspector respiratory protection and equipment.

a. Classes and characteristics of respirator types.

b. Limitations of respirators.

c. Selection, inspection, donning, use, maintenance, and storage procedures for respirators.

d. Methods for field testing of the facepiece-to-face seal (e.g., positive and negative pressure fitting tests); qualitative and quantitative fit testing procedures.

e. Variability between field and laboratory protection factors.

f. Factors that alter respirator fit (e.g., facial hair).

g. The components of a proper respiratory protection program.

h. Selection and use of personal protective clothing.

i. Use, storage, and handling of nondisposable clothing.

12. Recordkeeping and writing the inspection report.

a. Labeling of samples and keying sample identification to sampling location.

b. Recommendations on sample labeling.

c. Detailing of ACM inventory.

d. Photographs of selected sampling areas and examples of ACM condition.

e. Information required for inclusion in the management plan by § 203(i)(1) of the Toxic Substance Control Act (15 USC § 2601 et seq.).

13. Regulatory review.

a. EPA Worker Protection Rule found at 40 CFR Part 763, Subpart G.

b. Title II (§ 2641 et seq.) of the Toxic Substances Control Act.

c. OSHA Asbestos Construction Standard (29 CFR 1926.1101).

d. OSHA respirator requirements (29 CFR 1910.134).

e. The friable ACM in Schools Rule found at 40 CFR Part 763, Subpart F.

f. Applicable state and local regulations.

g. Differences in federal and state requirements, where they apply, and the effects, if any, on public and nonpublic schools and commercial and public buildings.

14. Field trip.

a. Field exercise with a walk-through inspection.

b. Onsite discussion of information gathering and determination of sampling locations.

c. Onsite practice in physical assessment.

d. Classroom discussion of field exercise.

15. Training program review. A review of key aspects of the accredited asbestos training program.

C. Upon completion of the inspector training program, the training program must administer a closed-book examination. Each examination must cover the topics required by this section.

1. Each examination must have 100 multiple choice questions.

2. The passing score on the examination must be 70%.

18VAC15-21-310. Inspector refresher training program.

A. An inspector refresher training program must be one-half day. The inspector refresher training program must review federal and state regulations, discuss changes to the regulations, if applicable, and review developments in state-of-the-art procedures. A review of the following topics from the initial accredited asbestos training program must be included in the accredited asbestos inspector refresher training program:

1. Inspection for friable and nonfriable ACM and assessment of the condition of friable ACM;

2. Bulk sampling and documentation of asbestos in schools; and

3. Reinspection and reassessment techniques.

B. A written closed-book examination will be administered covering the topics included in the asbestos inspector refresher training program. The examination will consist of no fewer than 50 questions. The passing score will be 70% correct. Persons who pass the asbestos inspector refresher training program examination will receive a certificate of completion as specified in this chapter.

18VAC15-21-320. Initial management planner training.

A. An initial management planner training program must last a minimum of two days. The management planner training program must include lectures, demonstrations, a training program review, and an examination.

B. The management planner training program must address the following topics:

1. Training program overview.

a. The role of the management planner.

b. Operations and maintenance programs.

c. Setting work priorities; protection of building occupants.

2. Evaluation and interpretation of survey results.

a. Review of Title II (§ 2641 et seq.) of the Toxic Substances Control Act (15 USC § 2601 et seq.) requirements for inspection and management plans as given in § 203(i)(1) of the Toxic Substances Control Act.

b. Summarized field data and laboratory results; comparison between field inspector's data sheet with laboratory results and site survey.

3. Hazard assessment.

a. Amplification of the difference between physical assessment and hazard assessment.

b. The role of the management planner in hazard assessment.

c. Explanation of significant damage, damage, potential damage, and potential significant damage and use of a description or decision tree code for assessment of ACM; assessment of friable ACM.

d. Relationship of accessibility, vibration sources, use of adjoining space, air plenums, and other factors to hazard assessment.

4. Legal implications.

a. Liability; insurance issues specific to management planners.

b. Liabilities associated with interim control measures, in-house maintenance, repair, and removal.

c. Use of results from previous inspections.

5. Evaluation and selection of control options.

a. Overview of encapsulation, enclosure, interim operations and maintenance, and removal; advantages and disadvantages of each method.

b. Response actions described via a decision tree or other appropriate method; work practices for each response action.

c. Staging and prioritizing of work in both vacant and occupied buildings.

d. The need for containment barriers and decontamination in response actions.

6. Role of other professionals.

a. Use of industrial hygienists, engineers, and architects in developing technical specifications for response actions.

b. Any requirements that may exist for an architect to sign off on plans.

c. Team approach to the design of high-quality job specifications.

7. Developing an operations and maintenance (O&M) plan.

a. Purpose of the plan.

b. Discussion of applicable EPA guidance documents.

c. What actions should be taken by custodial staff; proper cleaning procedures; steam cleaning and high efficiency particulate air (HEPA) vacuuming.

d. Reducing disturbance of ACM.

e. Scheduling O&M for off-hours; rescheduling or canceling renovation in areas with ACM.

f. Boiler room maintenance.

g. Disposal of ACM.

h. In-house procedures for ACM, including bridging and penetrating encapsulants, pipe fittings, metal sleeves, polyvinyl chloride (PVC), canvas, and wet wraps; muslin with straps; fiber mesh cloth; mineral wool; and insulating cement.

i. Discussion of employee protection programs and staff training.

j. Case study in developing an O&M plan (development, implementation process, and problems that have been experienced).

8. Recordkeeping for the management planner.

a. Use of field inspector's data sheet along with laboratory results.

b. Ongoing recordkeeping as a means to track asbestos disturbance.

c. Procedures for recordkeeping.

9. Assembling and submitting the management plan.

a. Plan requirements in § 203(i)(1) of the of the Toxic Substances Control Act.

b. The management plan as a planning tool.

10. Financing abatement actions.

a. Economic analysis and cost estimates.

b. Development of cost estimates.

c. Present costs of abatement versus future operations and maintenance costs.

d. Asbestos School Hazard Abatement Act grants and loans.

11. A review of key aspects of the accredited asbestos training program.

C. Upon completion of the management planner training program, the training program must administer a closed-book examination. Each examination must cover the topics required by this section.

1. Each examination must have 100 multiple choice questions.

2. The passing score on the examination must be 70%.

18VAC15-21-330. Management planner refresher training program.

A. A management planner refresher training program must be one-half day and review federal and state regulations, discuss changes, if applicable, and review developments in state-of-the-art procedures. A review of the following topics from the initial accredited asbestos management planner training program must be included in the asbestos management planner refresher training program:

1. Evaluation and interpretation of survey results;

2. Hazard assessment;

3. Evaluation and selection of control options; and

4. Developing an operations and maintenance plan.

B. A written closed-book examination will be administered covering the topics included in the asbestos management planner refresher training program. The examination will consist of no fewer than 50 questions. The passing score will be 70% correct. Persons who pass the asbestos management planner refresher training program examination will receive a certificate of completion as specified in this chapter.

18VAC15-21-340. Initial project designer training.

A. An initial project designer training program must last a minimum of three days. The project designer training program must include lectures, demonstrations, a field trip, a training program review, and an examination.

B. The project designer training program must address the following topics:

1. Training program overview.

a. The role of the project designer in the asbestos abatement industry.

b. Discussion of what a project design is.

2. Background information on asbestos.

a. Identification of asbestos and examples and discussion of the uses and locations of asbestos in buildings.

b. Physical appearance of asbestos.

3. Potential health effects related to asbestos exposure.

a. Nature of asbestos-related diseases.

b. Routes of exposure, dose-response relationships, and the lack of a safe exposure level.

c. The synergistic effect between cigarette smoking and asbestos exposure.

d. The latency period of asbestos-related diseases; discussion of the relationship between asbestos exposure and asbestosis, lung cancer, mesothelioma, and cancer of other organs.

4. Overview of abatement construction projects.

a. Abatement as a portion of a renovation project.

b. OSHA requirements for notification of other contractors on a multi-employer site (29 CFR 1926.1101).

5. Safety system design specifications.

a. Construction and maintenance of containment barriers and decontamination enclosure systems.

b. Positioning of warning signs.

c. Electrical and ventilation system lock-out.

d. Proper working techniques for minimizing fiber release.

e. Entry and exit procedures for the work area, use of wet methods, use of negative pressure exhaust ventilation equipment, use of high efficiency particulate air (HEPA) vacuums, proper clean-up and disposal of asbestos, work practices as they apply to encapsulation, enclosure, and repair, use of glove bags, and a demonstration of glove bag use.

6. Field trip.

a. Visit a proposed abatement site or other suitable building site, including onsite discussions of abatement design.

b. Building walk-through inspection, and discussion following the walk-through.

7. Employee personal protective equipment.

a. Classes and characteristics of respirator types.

b. Limitations of respirators, proper selection, inspection, donning, use, maintenance, and storage procedures.

c. Methods for field testing of the facepiece-to-face seal (e.g., positive and negative pressure fitting tests).

d. Qualitative and quantitative fit testing procedures.

e. Variability between field and laboratory protection factors and factors that alter respirator fit (e.g., facial hair).

f. Components of a proper respiratory protection program.

g. Selection and use of personal protective clothing and use, storage, and handling of nondisposable clothing.

h. Regulations covering personal protective equipment.

8. Additional safety hazards.

a. Hazards encountered during abatement activities and how to deal with them.

b. Electrical hazards, heat stress, air contaminants other than asbestos, fire, and explosion hazards.

9. Fiber aerodynamics and control.

a. Aerodynamic characteristics of asbestos fibers.

b. Importance of proper containment barriers.

c. Settling time for asbestos fibers.

d. Wet methods in abatement.

e. Aggressive air monitoring following abatement.

f. Aggressive air movement and negative pressure exhaust ventilation as a clean-up method.

10. Designing abatement solutions.

a. Discussions of removal, enclosure, and encapsulation methods.

b. Asbestos waste disposal.

11. Budgeting and cost estimation.

a. Development of cost estimates.

b. Present costs of abatement versus future operations and maintenance costs.

c. Setting priorities for abatement jobs to reduce cost.

12. Writing abatement specifications.

a. Means and methods specifications versus performance specifications.

b. Design of abatement in occupied buildings.

c. Modification of guide specifications to a particular building.

d. Worker and building occupant health and medical considerations.

e. Replacement of ACM with non-asbestos substitutes.

f. Clearance of work area after abatement.

g. Air monitoring for clearance.

13. Preparing abatement drawings.

a. Use of as-built drawings.

b. Use of inspection photographs and onsite reports.

c. Particular problems in abatement drawings.

14. Contract preparation and administration.

15. Legal, liabilities, and defenses.

a. Insurance considerations, bonding, hold harmless clauses, and use of abatement contractor's liability insurance.

b. Claims-made versus occurrence policies.

16. Replacement of asbestos with asbestos-free substitutes.

17. Role of other consultants.

a. Development of technical specification sections by industrial hygienists or engineers.

b. The multi-disciplinary team approach to abatement design.

c. The use and responsibilities of a project monitor on the abatement site.

18. Occupied buildings.

a. Special design procedures required in occupied buildings.

b. Education of occupants.

c. Extra monitoring recommendations.

d. Staging of work to minimize occupant exposure.

e. Scheduling of renovation to minimize exposure.

19. Relevant federal, state, and local regulatory requirements. Procedures and standards including:

a. Requirements of Title II (§ 2641 et seq.) of the Toxic Substances Control Act (15 USC § 2601 et seq.);

b. 40 CFR Part 61, National Emission Standards for Hazardous Air Pollutants, Subparts A (General Provisions) and M (National Emission Standard for Asbestos);

c. OSHA standards for respiratory protection (29 CFR 1910.134);

d. EPA Worker Protection Rule, found at 40 CFR Part 763, Subpart G;

e. OSHA Asbestos Construction Standard found at 29 CFR 1926.1101; and

f. OSHA Hazard Communication Standard found in 29 CFR 1926.59.

20. A review of key aspects of the accredited asbestos training program.

C. Upon completion of the project designer training program, the training program must administer a closed-book examination. Each examination must cover the topics required by this section.

1. Each examination must have 100 multiple choice questions.

2. The passing score on the examination must be 70%.

18VAC15-21-350. Project designer refresher training program.

A. A project designer refresher training program must be one day. The project designer refresher training program must review federal and state regulations, discuss changes to the regulations, if applicable, and review developments in state-of-the-art procedures. A review of the following topics from the initial project designer training program must be included in the accredited asbestos project designer refresher training program:

1. Safety system design specifications;

2. Writing abatement specifications; and

3. Employee personal protective equipment.

B. A written closed-book examination will be administered covering the topics included in the asbestos project designer refresher training program. The examination will consist of no fewer than 50 questions. The passing score will be 70% correct. Persons who pass the asbestos project designer refresher training program will receive a certificate of completion as specified in this chapter.

18VAC15-21-360. Initial project monitor training.

A. An initial comprehensive project monitor training program must last a minimum of five days. The project monitor training program must include lectures; demonstrations; at least six hours of hands-on training, which must permit project monitors the experience of performing actual tasks associated with asbestos project monitoring; a field trip; a training program review; and an examination.

B. A comprehensive initial project monitor training program must address the following topics:

1. The physical characteristics of asbestos and asbestos-containing materials.

a. Identification of asbestos.

b. Typical uses and locations in buildings and physical appearance.

c. A review of hazard assessment control options.

d. A summary of abatement control options.

2. Potential health effects related to asbestos exposure.

a. The nature of asbestos-related diseases.

b. Routes of exposure, dose-response relationships, and the lack of a safe exposure level.

c. Synergism between cigarette smoking and asbestos exposure.

d. Latency period for disease; discussion of the relationship between asbestos exposure and asbestosis, lung cancer, mesothelioma, and cancer of the other organs.

3. Employee personal protective equipment.

a. Classes and characteristics of respirator types.

b. Limitations of respirators and proper selection, inspection, donning, use, maintenance, and storage procedures.

c. Methods for field testing of the facepiece-to-face seal (e.g., positive and negative pressure fitting tests).

d. Qualitative and quantitative fit testing procedures.

e. Variability between field and laboratory protection factors.

f. Factors that alter respirator fit (e.g., facial hair).

g. The components of a proper respiratory protection program.

h. Selection and uses of personal protective clothing; use, storage, and handling of nondisposable clothing.

i. Regulations covering personal protection equipment.

4. State of the art work practices.

a. Work practices for asbestos abatement activities, including description of proper construction and maintenance barriers and decontamination enclosure systems.

b. Positioning of warning signs.

c. Electrical and ventilation system lock-out.

d. Working techniques for minimizing fiber release, use of wet methods, use of negative pressure ventilation equipment, and use of high efficiency particulate air (HEPA) vacuums. Entry and exit procedures for work area.

e. Clean-up and disposal procedures.

f. Work practices for removal, encapsulation, enclosure, and repair. Use of glove bags and a demonstration of glove bag use.

g. Emergency procedures for sudden release.

h. Potential exposure situations.

i. Transport and disposal procedures.

j. Recommended and prohibited work practices.

k. Discussion of new abatement related techniques and methodologies.

5. Personal hygiene.

a. Entry and exit procedures for the work area; use of showers; avoidance of eating, drinking, smoking, and chewing (gum or tobacco) in the work area.

b. Potential exposures, such as family exposure, must also be included.

6. Additional safety hazards as covered in 29 CFR Parts 1910 and 1926 to include:

a. Hazards encountered during the abatement activities and how to deal with them, including electrical hazards, heat stress, air contaminants other than asbestos, fire, and explosion hazards;

b. Scaffold and ladder hazards;

c. Slips, trips, and falls; and

d. Confined spaces.

7. Medical monitoring. OSHA requirements for a pulmonary function test, chest X-rays, and a medical history for each employee.

8. Respiratory protection programs and medical surveillance programs.

9. Insurance and liability issues:

a. Contractor issues, workers' compensation coverage, and exclusions.

b. Third-party liabilities and defenses.

c. Insurance coverage and exclusions.

10. Relevant federal, state, and local regulatory requirements, procedures, and standards, including:

a. Requirements of Title II (§ 2641 et seq.) of the Toxic Substances Control Act (15 USC § 2601 et seq.);

b. 40 CFR Part 61 National Emission Standards for Hazardous Air Pollutants, Subparts A (General Provisions) and M (National Emission Standards for Asbestos);

c. OSHA Standards for respiratory protection (29 CFR 1910.134);

d. OSHA Asbestos Construction Standard (29 CFR 1926.1101);

e. OSHA Hazard Communication Standard (29 CFR 1926.59);

f. EPA Worker Protection Rule, 40 CFR Part 763;

g. Requirements of Asbestos-Containing Waste Materials, 9VAC20-81-620;

h. Department of Transportation 49 CFR Parts 171 and 172 Subpart H; and

i. Virginia asbestos licensing regulations.

11. Air monitoring.

a. NIOSH asbestos monitoring procedure. Procedures to determine airborne concentration of asbestos fibers, including a description of aggressive sampling, sampling equipment, and methods.

(1) Explanation of analytical methods, measures of precision, control of errors, collecting samples, fiber counts, sampling and calibration equipment, statistics, and quality control techniques in sampling.

(2) Review of 29 CFR Part 1926, Subpart F, §§ 1926.150 through 1926.155.

b. Sampling strategy.

(1) Why samples are taken.

(2) Sampling inside and outside of containment area.

(3) Placement of pumps.

c. Reasons for air monitoring.

d. Types of samples and interpretation of results, specifically from analysis performed by polarized light, phase-contrast, and electron microscopy analyses.

e. Final clearance.

12. Overview of supervisory techniques for asbestos abatement activities, to include the information covered in the accredited asbestos supervisor training program. A review of the required work practices and safety considerations.

13. Field trip.

a. Visit a proposed abatement site or other suitable building site, including onsite discussions of abatement design.

b. Building walk-through inspection and discussion following the walk-through.

14. Fiber aerodynamics and control.

a. Aerodynamic characteristics of asbestos fibers.

b. Importance of proper containment barriers.

c. Settling time for asbestos fibers.

d. Wet methods in abatement.

e. Aggressive air monitoring following abatement.

f. Aggressive air movement and negative pressure exhaust ventilation as a clean-up method.

15. Project specifications. Discussion of key elements that are included in contract specifications.

a. Means and methods specifications versus performance specifications.

b. Considerations for design of abatement in occupied buildings.

c. Worker and building occupant health and medical considerations.

d. Replacement of ACM with non-asbestos substitutes.

e. Clearance of work area after abatement.

f. Use of as-built drawings.

g. Use of inspection photographs and onsite reports.

h. Particular problems in abatement drawings.

16. Conducting inspections.

a. Inspection prior to containment to ensure condition of items and proper precleaning.

b. Inspection of containment prior to commencement of abatement to ensure that containment is complete and proper.

c. Daily work and containment inspections.

d. Final visual inspection and a discussion of the ASTM E1368 method.

17. Recordkeeping and documentation.

a. Project logs.

b. Inspection reports.

c. Waste shipment record requirements (WSR).

d. Recordkeeping required by federal, state, or local regulations.

e. Recordkeeping required for insurance purposes.

18. Role of project monitor in relation to:

a. Building owner;

b. Building occupants;

c. Abatement contractor; and

d. Other consultants.

19. Occupied buildings.

a. Special procedures recommended in occupied buildings.

b. Extra monitoring recommendations.

20. A review of NESHAP guidance documents.

21. A review of key aspects of the accredited asbestos training program.

22. Examination.

C. Applicants who are currently accredited by EPA as an asbestos supervisor or asbestos project designer may complete a 16-hour initial project monitor training program. A 16-hour initial project monitor program must include lectures; demonstrations; a least six hours of hands-on training, which must permit project monitors the experience of performing actual tasks associated with asbestos project monitoring; a training program review; and an examination. The 16-hour project monitor training program must cover the topics required by subdivisions B 11 through B 22 of this section.

D. Upon completion of the project monitor training program, the training program must administer a closed-book examination. The examination for the comprehensive initial project monitor training program must cover the topics required by subsection B of this section. The examination for the 16-hour initial project monitor training program must cover the topics required by subdivisions B 11 through B 22 of this section.

1. Each examination must have 100 multiple choice questions.

2. The passing score on the examination must be 70%.

18VAC15-21-370. Project monitor refresher training program.

A. A project monitor refresher training program must be one day. The training program must review federal and state regulations, discuss changes to the regulations, if applicable, and review developments in state-of-the-art procedures. A review of the following topics from the initial accredited asbestos project monitor training program must be included in the asbestos project monitor refresher training program:

1. Occupied buildings;

2. Personal protective equipment;

3. Fiber aerodynamics and control; and

4. Recordkeeping and documentation.

B. A written closed-book examination will be administered covering the topics included in the asbestos project monitor refresher training program. The examination will consist of no fewer than 50 questions. The passing score will be 70% correct. Persons who pass the asbestos project monitor refresher training program examination will receive a certificate of completion as specified in this chapter.

Part VI

General Standards of Practice and Conduct

18VAC15-21-380. Grounds for disciplinary action.

A. The board has the power to reprimand, fine, suspend, or revoke the license or training program approval of any regulant in accordance with § 54.1-516 of the Code of Virginia or this chapter when the regulant has been found to have violated or cooperated with others in violating any provision of Chapter 1 (§ 54.1-100 et seq.), 2 (§ 54.1-200 et seq.), 3 (§ 54.1-300 et seq.), or 5 (§ 54.1-500 et seq.) of Title 54.1 of the Code of Virginia or this chapter.

B. Any regulant whose license or training program approval is revoked under this section will not be eligible to reapply for a period of 12 months from the effective date of the order of revocation.

C. Any unlawful act or violation of any provision of Chapter 5 of Title 54.1 of the Code of Virginia or of the regulations of the board by any asbestos supervisor or asbestos worker may be cause for disciplinary action against the asbestos contractor for whom the asbestos supervisor or worker works if it appears to the satisfaction of the board that the asbestos contractor knew or should have known of the unlawful act or violation.

18VAC15-21-390. Prohibited acts.

The following acts are prohibited and any violation may result in disciplinary action by the board:

1. Violating, including inducing another to violate, cooperating with another to violate, or combining or conspiring with or acting as agent, partner, or associate for another to violate any of the provisions of Chapter 1 (§ 54.1-100 et seq.), 2 (§ 54.1-200 et seq.), 3 (§ 54.1-300 et seq.), or 5 (§ 54.1-500 et seq.) of Title 54.1 of the Code of Virginia or any of the regulations of the board.

2. Obtaining or attempting to obtain a license or training program approval by false or fraudulent representation; maintaining, renewing, or reinstating a license or training program approval by false or fraudulent representation; or furnishing substantially inaccurate or incomplete information to the board in obtaining, renewing, reinstating, or maintaining a license or training program approval.

3. Failing to notify the board in writing within 30 days after any change in address or name.

4. Having been convicted, found guilty, or disciplined in any jurisdiction of any offense or violation enumerated in 18VAC15-21-30 or 18VAC15-21-150. Review of convictions will be subject to the requirements of § 54.1-204 of the Code of Virginia.

5. Failing to notify the board in writing within 30 days of being convicted or found guilty of any felony or of any misdemeanor enumerated in 18VAC15-21-30 E or 18VAC15-21-150 D. Review of convictions will be subject to the requirements of § 54.1-204 of the Code of Virginia.

6. Failing to notify the board in writing no later than 30 days after final disciplinary action against an asbestos abatement license or asbestos training program accreditation has been taken by another jurisdiction.

7. Violating any provision of AHERA or ASHARA or any federal or state regulation pertinent to asbestos abatement activity.

8. Actions constituting negligence, misconduct, or incompetence in the practice of the profession, including:

a. Having undertaken to perform or performed a professional assignment that the licensee is not qualified to perform by education, experience, training, or appropriate licensure.

b. Not demonstrating reasonable care, judgment, or application of the required knowledge, skill, and ability in the performance of the licensee's duties.

c. Failing to act in providing professional services in a manner that safeguards the interests of the public.

9. Actions constituting engaging in improper, fraudulent, or dishonest conduct, including:

a. Making any misrepresentation or engaging in acts of fraud or deceit in advertising, soliciting, or in providing professional services.

b. Knowingly signing plans, reports, specifications, or other documents related to an asbestos project not prepared or reviewed and approved by the regulant.

c. Knowingly misrepresenting factual information in expressing a professional opinion.

d. Allowing a license issued by the board to be used by another.

10. Acting as or being an ostensible licensee for undisclosed persons who do or will control or direct, directly or indirectly, the operations of the licensee's business.

11. Failing or neglecting to submit information or documentation requested by the board or the board's representatives.

12. Refusing to allow state or federal representatives access to any area of an abatement site, analytical laboratory, or training facility for the purpose of compliance inspections or audits, whether announced or unannounced.

18VAC15-21-400. Conflict of interest.

A. It is a conflict of interest and a violation of this chapter for an asbestos contractor to have an employee-employer relationship with or financial interest in an asbestos analytical laboratory utilized by the contractor for asbestos sample analysis. The requirements of this subsection do not apply when the laboratory performing analysis is owned by the owner of the building where samples are taken.

B. It is a conflict of interest and a violation of this chapter for an asbestos contractor to have an employee-employer relationship with an asbestos project monitor working on an asbestos project performed by that asbestos contractor. An asbestos contractor must not have any financial interests in the firm of which a project monitor is an employee and provides project monitoring services for that contractor. This section does not relieve a contractor of OSHA requirements set forth in 29 CFR 1926.1101.

C. It is a conflict of interest and a violation of this chapter for an asbestos contractor to enter into a contract to perform an asbestos project if the asbestos inspection or project design was performed by individuals with an employer-employee relationship with or financial interest in the asbestos contractor, unless the asbestos contractor provides the building owner with the Virginia Asbestos Licensing Consumer Information Sheet and the Virginia Asbestos Licensing Inspector/Project Designer/Contractor Disclosure Form prescribed by the department. The completed disclosure form must be submitted as part of the bid.

D. The requirements of this section do not apply to a contractor-subcontractor relationship between an asbestos contractor and an asbestos project monitor.

18VAC15-21-410. Change of status for analytical laboratories.

A. The regulant must notify the department within 30 days of any changes to the responsible individual for each laboratory location.

B. The regulant must notify the board within 30 business days upon the loss of accreditation or proficiency rating, as required by 18VAC15-21-160, by any laboratory location.

C. The regulant must notify the board within 30 days if an employed analyst or asbestos project monitor performing asbestos laboratory analysis is removed from the AAR.

D. The regulant must notify the board in writing of any changes to the types of analysis for which the laboratory is licensed. When requesting to add an analysis type to the license, evidence of meeting the qualifications required by 18VAC15-21-160 must be submitted. The regulant must receive board approval of the analysis type prior to performing the analysis.

E. The licensee must notify the department within 30 days of any changes in the laboratory location.

18VAC15-21-420. Transfer of license, firms.

Asbestos contractor licenses and analytical laboratory licenses are issued to firms as defined in this chapter and are not transferable. Should the legal firm holding the license be dissolved or altered to form a new firm, the original license becomes void and must be returned to the board within 30 days of the change. The new firm must apply for a new license within 30 days of the change in the firm. Such changes include:

1. Death of a sole proprietor;

2. Death or withdrawal of a general partner in a general partnership, or the managing partner in a limited partnership;

3. Termination or cancellation of a corporation or limited liability company; and

4. Conversion, formation, or dissolution of a corporation, a limited liability company, or an association or any other firm recognized under the laws of the Commonwealth.

18VAC15-21-430. (Reserved).

18VAC15-21-440. Good standing in other jurisdictions.

A. Regulants in other jurisdictions must be in good standing in every jurisdiction where licensed, certified, or approved and must not have had a license, certification, or approval suspended, revoked, or surrendered in connection with a disciplinary action.

B. Regulants may be subject to disciplinary action or removal of an asbestos training program accreditation for disciplinary actions taken by another jurisdiction.

18VAC15-21-450. Response to inquiry and provision of records.

A. A regulant must respond within 10 days to a request by the board or any board agent regarding any complaint filed with the department.

B. Unless otherwise specified by the board, a regulant of the board must produce to the board or any board agent within 10 days of the request any document, book, or record concerning any transaction pertaining to a complaint filed in which the regulant was involved or for which the regulant is required to maintain records. The board may extend such timeframe upon a showing of extenuating circumstances prohibiting delivery within such 10-day period.

C. A licensee must not provide a false, misleading, or incomplete response to the board or any board agent seeking information in the investigation of a complaint filed with the board.

D. With the exception of the requirements of subsection A or B of this section, a licensee must respond to an inquiry by the board or a board agent within 21 days.

Part VII

Standards of Practice and Conduct for Individuals

18VAC15-21-460. Asbestos project designs.

An asbestos project design must include, at minimum:

1. Scope of work.

2. Sequence of work.

3. Work methods and practices to be used.

4. Air sampling procedures.

18VAC15-21-470. Asbestos project monitoring.

A. A project monitor is required on asbestos projects performed in buildings that are occupied or intended to be occupied upon completion of the asbestos project exceeding 260 linear feet, 160 square feet, or 35 cubic feet of asbestos-containing material.

B. A project monitor is required on asbestos projects for which the property owner deems it necessary, regardless of whether the scope of the project is less than described in subsection A of this section.

C. Asbestos project monitors must be present when response actions are being conducted or more frequently if in accordance with the owner-approved contractual agreement with the project monitor.

D. Asbestos project monitors must maintain a daily log of all work performed. The daily log will include inspection reports, air sampling data, type of work performed by the asbestos contractor, problems encountered, and corrective action taken.

E. Asbestos project monitors will take final air samples on all abatement projects, except for abatement projects in residential buildings.

F. Prior to reoccupancy of a building following asbestos abatement, the asbestos project monitor will provide the air sample report on the asbestos analytical laboratory's letterhead in the final clearance report.

18VAC15-21-480. Onsite analysis by project monitors.

Project monitors who analyze PCM air samples on site must (i) be employed by or affiliated with a licensed asbestos analytical laboratory, (ii) have completed the NIOSH 582 or NIOSH 582 Equivalency Course, and (iii) satisfy one of the following:

1. The project monitor is listed in the AAR and rated "acceptable" for the most recent AAT round;

2. The licensed asbestos analytical laboratory employing the project monitor is rated as "proficient" in the IHPAT Program and maintains training and quality control documentation necessary to demonstrate competency in performing onsite analysis; or

3. The licensed asbestos analytical laboratory employing the project monitor is accredited under the IHLAP, remains in compliance with accreditation requirements, and maintains training and quality control documentation necessary to demonstrate competency in performing onsite analysis.

Part VIII

Standards of Practice and Conduct for Firms

18VAC15-21-490. Asbestos contractor.

A. Asbestos contractors must comply with all requirements, procedures, standards, and regulations covering any part of an asbestos project established by EPA, OSHA, the Department of Labor and Industry, and the Divisions of Air Pollution and Waste Management of the Department of Environmental Quality (§ 54.1-517 of the Code of Virginia).

B. Asbestos contractors must comply with the requirements found in Chapter 11 (§ 54.1-1100 et seq.) of Title 54.1 of the Code of Virginia governing the regulation of general contractors.

C. Asbestos contractors must employ licensed asbestos supervisors and workers to perform work on any asbestos project.

D. Asbestos contractors must ensure that a licensed asbestos supervisor is present at each job site while an asbestos project is in progress.

E. Prior to the start of any asbestos project, the asbestos contractor must:

1. Notify the building or property owner or agent of the owner when a licensed project monitor is required in accordance with the provisions of 18VAC15-21-470 to determine that proper work practices are used and in compliance with all asbestos laws and regulations provided in this chapter.

2. Obtain a written acknowledgment from the owner or agent of the owner that the owner has been notified of the requirement to secure the services of a licensed asbestos project monitor. Such acknowledgment must include the address of the building where the asbestos project is to take place; the date the work is to be performed; the name, address, and license number of the licensed asbestos contractor performing the work; and evidence that the building or property owner or agent of the owner has received the notification. The initial notification and acknowledgment will be sufficient for the asbestos project.

18VAC15-21-500. Maintenance of licensing and training records at the asbestos project job site.

A. The asbestos contractor will be responsible for maintaining at each project site a list of each asbestos worker and asbestos supervisor, or copy of the licenses of each asbestos worker and asbestos supervisor. This list must include the current license numbers and the license expiration dates of such workers and supervisors. This section does not relieve the contractor of any specific AHERA and ASHARA requirements concerning training certificates.

B. An asbestos contractor must maintain a copy of its Virginia asbestos contractor license on each project site.

C. Any conflict of interest disclosure forms as required by 18VAC15-21-400 must be maintained at each job site.

D. Records maintained at the job site will be made available for review by the department, the Department of Labor and Industry, and all other agencies having authorization to inspect an asbestos project site.

18VAC15-21-510. Asbestos analytical laboratories.

A. Each asbestos analytical laboratory using PLM to analyze bulk suspect material for the presence of asbestos must analyze the material in accordance with either of the following methods:

1. Test Method: Method for the Determination of Asbestos in Bulk Building Materials, EPA 600/R-93/116, EPA Office of Research and Development, effective July 1993.

2. NIOSH Method 9002, NIOSH Manual of Analytical Methods (NMAM) Fourth Edition, NIOSH, effective August 15, 1994.

The documents specified in this subsection are incorporated by reference.

B. Each asbestos analytical laboratory using PCM to analyze air samples for the presence of airborne fibers must use either of the following methods:

1. Appendix A of 29 CFR § 1926.1101.

2. NIOSH Method 7400, NIOSH Manual of Analytical Methods (NMAM), Fourth Edition, NIOSH, effective August 15, 1994. This document is incorporated by reference.

C. Each asbestos analytical laboratory using TEM to analyze air samples for the presence of airborne asbestos fibers must use either of the following methods:

1. Appendix A to Subpart E of 40 CFR Part 763.

2. NIOSH Method 7402, NIOSH Manual of Analytical Methods (NMAM), Fourth Edition, NIOSH, effective August 15, 1994. This document is incorporated by reference.

D. A copy of the current asbestos analytical laboratory license must be on site at all times where analysis is performed, including project sites. The license must be available for review by the department.

Part IX

Standards of Practice and Conduct for Accredited Training Programs and Board-approved Training Courses

18VAC15-21-520. General requirements for training programs and courses.

A. All Virginia-approved accredited asbestos training programs and board-approved training courses must remain in compliance with all training and recordkeeping requirements established by MAP.

B. Each initial and refresher accredited training program and board-approved training course must be discipline specific.

C. All accredited training programs must be taught in English. Accredited asbestos worker training programs are exempt from this requirement.

18VAC15-21-525. Electronic delivery of asbestos refresher training courses.

A. Electronic delivery of accredited asbestos refresher training courses is permitted, provided the following requirements are met:

1. Courses delivered electronically must be approved by the board in accordance with Part V (18VAC15-21-220 et seq.) of this chapter. A pre-existing approval for an in-person, classroom-based refresher course does not extend to approval of the electronic course.

2. The training provider must have a system in place to authenticate each participant's identity and the participant's eligibility to enroll in the course.

3. A unique identifier must be assigned to each participant to be used to launch and re-launch the course. This identifier may be used throughout the course if deemed necessary by the instructor.

4. Each participant must be logged into the course and participating for the full length of time required for each course discipline. The training provider must track each participant's course logins, launches, progress, and completion. The training provider must maintain a record of the same in accordance with the applicable recordkeeping requirements of MAP and this chapter.

5. The course must include knowledge checks throughout the entirety of the course. The knowledge checks must be successfully completed before the participant moves on to the next module.

6. Course instructors must be available to answer questions or offer technical discussion by way of online discussion or message boards, or a telephone number during the training period.

7. There must be a test of at least 20 questions at the end of the course, of which 80% must be answered correctly for successful completion of the course. The test must be designed so that the student does not receive feedback on answers until after the test has been submitted.

8. Each participant must be provided with a completion certificate that may be saved and printed. The completion certificate must specifically mention that the course was taken online. The certificate must not be susceptible to editing. The certificate must contain all information required by MAP and this chapter.

9. Course notifications and participant lists provided to the board must indicate whether the course is conducted electronically.

B. Electronic courses must meet all other requirements for refresher courses as established in this chapter.

C. For auditing purposes, the board must have unrestricted access to the electronic course at any time during which the course is conducted.

D. For purposes of this section, electronic delivery includes real-time virtual training and asynchronous delivery of training courses.

18VAC15-21-530. Length of training.

A. No portion of an accredited training program or board-approved training course will exceed eight hours in a 24-hour period. One day equals eight hours, inclusive of lunches and breaks, for all accredited training programs.

B. Portions of accredited training programs or board-approved training courses conducted after 5 p.m. and before 8 a.m. may not exceed four hours, except where training is conducted during the course participants' usual working hours.

C. Portions of accredited training programs or board-approved training courses conducted between Friday after 5 p.m. and Monday before 8 a.m. may not exceed 16 hours.

D. Each initial accredited training program or board-approved training course, including examinations, must be completed within a single two-week timeframe.

18VAC15-21-540. Presence of instructor required to provide training.

An instructor must remain present in the classroom or training area where instruction takes place at all times during the course of the accredited training program or board-approved training course.

18VAC15-21-550. Minimum standards for training program and course materials.

A. Prior to the start of the accredited asbestos training program or board-approved training course, the training provider must prepare a course outline or syllabus to be distributed to all course participants.

B. At a minimum, the outline or syllabus must include:

1. Training program title and length of training;

2. Start time of each day of training;

3. Division of course sections, to include the instructor and length of time for each section;

4. Start and end times for each scheduled break;

5. Start and end times for each scheduled lunch;

6. Scheduled hands-on training, a description of the training, the name of the instructor, and length of training; and

7. Start and end time of the final examination.

C. All training program participants will be issued a training program manual for the training program.

D. Use of video instruction is permitted in an accredited training program, provided that videos are not the sole and primary source of instruction.

E. In no case will equipment utilized for display or as part of hands-on training have been utilized on an asbestos abatement project site.

F. Following attendance of the accredited training program or board-approved training course and successful completion of an examination by the training program participant, the training provider must issue a certificate of completion to the training program participant. At a minimum, the completion certificate must include:

1. Training provider's business name;

2. Training provider's business address and telephone number;

3. Location of training;

4. Typewritten or printed name of training program participant;

5. Training program title and length of training in hours;

6. Certificate number;

7. Start and end dates of the training program;

8. Examination date;

9. An expiration date one year after the date of completion of the accredited asbestos training program;

10. For training programs covered under 40 CFR Part 763, Subpart E, Appendix C, a statement that the person receiving the certificate has completed the requisite training for asbestos accreditation under Title II (§ 2641 et seq.) of the Toxic Substances Control Act (15 USC § 2601 et seq.);

11. Statement of attendance and successful completion of an examination by the training program participant; and

12. Signature and typewritten or printed name of the accredited asbestos training program manager or administrator and principal instructor. The signature may be a printed facsimile.

18VAC15-21-560. Examinations.

A. Oral examinations are not permitted in an accredited training program. Accredited asbestos worker training programs are exempt from this requirement.

1. Instructors providing oral examinations must provide an answer sheet to the course participant, to be completed by the participant.

2. The answer sheet must be signed by the course participant.

B. Examinations must be given in the language of the accredited asbestos training program's instruction.

C. A course participant is allowed one opportunity to retake a failed examination. If the course participant fails to achieve a 70% passing score on the second examination attempt, the course participant must reenroll and participate in the entirety of the discipline-specific accredited training program.

18VAC15-21-570. Reporting of changes.

A. Any change in the information provided in Part V (18VAC15-21-220 et seq.) of this chapter must be reported to the board prior to implementing the change. Information submitted will be reviewed to ensure compliance with the provisions of this chapter prior to the continuation of the accredited asbestos training program.

B. Documentation of all instructor qualifications will be reviewed and approved by the board prior to the instructor teaching in an accredited asbestos training program.

C. Changes to the certificate of completion must be submitted to the board for review and approval prior to issuance to training program participants.

18VAC15-21-580. Recordkeeping and provision of records to the board.

A. Unless otherwise authorized by the board, the training provider must submit course notifications and participant lists to the board electronically in a format established by the board.

B. The training provider must notify the board no less than 48 hours prior to the start date of any accredited asbestos training program.

C. The training provider must provide an updated notification when an accredited training program will begin on a date other than the start date specified in the original notification no less than 48 hours prior to the new start date.

D. The training provider must update the board of any change in location of an accredited training program at least 48 hours prior to the start date provided to the board.

E. The training provider must update the board regarding any accredited training program cancellations or any other change to the original notification at least 48 hours prior to the start date provided to the board. This requirement does not apply to situations or circumstances beyond the control of the training provider.

F. Each notification, including updates, must include the following:

1. Notification type (e.g., original, update, cancellation).

2. Training program name, Virginia accreditation number, address, and telephone number.

3. Course discipline, type (initial or refresher), and the language in which the instruction will be given.

4. Dates and times of training.

5. Training locations, telephone number, and address.

6. Principal instructor's name.

G. For all accredited training programs, the training provider must provide to the board a training program participant list of all of the individuals attending the accredited training program course within 10 days of the course end date. The training program participant list must contain the following minimum information:

1. Training program name, Virginia accreditation number, address, and telephone number.

2. Course discipline and type (initial or refresher).

3. Dates of training.

4. Location of training program presentation.

5. Each participant's name, address, social security number, course completion certificate number, and course test score.

6. Principal instructor's name.

H. The principal instructor must complete the training program participant list daily.

I. The training program participant list must be retained by the training provider for three years following the date of completion of the training program.

J. The department has discretion to refuse to recognize completion certificates from accredited training providers that fail to provide course notifications or training program participant lists to the board.

K. Approval letters for accredited training programs must be maintained at the location of training and made accessible to the public.

L. A copy of the training program outline must be retained by the training provider for a period of three years following the completion of the training program.

M. All examinations completed by the accredited training program participants, regardless of the examination score, must be kept for a period of three years after the examination date.

N. Records required to be maintained by the training provider must be maintained at the physical location of the accredited asbestos training provider.

18VAC15-21-590. Access by the department.

Accredited training providers must permit department representatives to attend, evaluate, and monitor any accredited training program. Prior notice of attendance by department representatives is not required. The department will be given access to all course materials, principal instructor and training manager rosters, participant rosters, and other records as stipulated by this chapter.

18VAC15-21-600. Withdrawal of approval of an accredited asbestos training program.

A. The board has discretion to withdraw approval of any accredited training program for the following reasons:

1. The training provider, instructors, or training programs no longer meet the standards established in this chapter.

2. The board determines that the provider is not conducting the training in a manner that meets the requirements as set forth in this chapter.

3. Suspension or revocation of training approval in another state or by EPA.

B. Decisions regarding withdrawal of approval will be made by the board under the provisions of the Virginia Administrative Process Act (§ 2.2-4000 et seq. of the Code of Virginia).

FORMS (18VAC15-21)

Virginia Asbestos Licensing Consumer Information Sheet, A506-33ACIS-v2 (rev. 8/2013)

Inspector/Project Designer/Contractor Disclosure Form, A506-33DIS-v2 (rev. 8/2013)

DOCUMENTS INCORPORATED BY REFERENCE (18VAC15-21)

NIOSH Method 7400, NIOSH Manual of Analytical Methods (NMAM), Fourth Edition, NIOSH, August 15, 1994

NIOSH Method 7402, NIOSH Manual of Analytical Methods (NMAM), Fourth Edition, NIOSH, August 15, 1994

NIOSH Method 9002, NIOSH Manual of Analytical Methods (NMAM) Fourth Edition, NIOSH, August 15, 1994

Test Method: Method for the Determination of Asbestos in Bulk Building Materials, EPA Office of Research and Development, (EPA 600-R-93-116, July 1993)