40 CFR Part 763 (EPA AHERA) PDF

rfrederick on PROD1PC67 with CFR Pt. 763, Subpt. E, App. C 40 CFR Ch. I (7–1–07 Edition) training course, passes the required examination, and fulfills whatever other requirements the State imposes must receive an accreditation certificate in a specific discipline. Whether a State directly issues...

rfrederick on PROD1PC67 with CFR Pt. 763, Subpt. E, App. C 40 CFR Ch. I (7–1–07 Edition) training course, passes the required examination, and fulfills whatever other requirements the State imposes must receive an accreditation certificate in a specific discipline. Whether a State directly issues accreditation certificates, or authorizes training providers to issue accreditation certificates, each certificate issued to an accredited person must contain the following minimum information: a. A unique certificate number b. Name of accredited person c. Discipline of the training course completed. d. Dates of the training course. e. Date of the examination. f. An expiration date of 1 year after the date upon which the person successfully completed the course and examination. g. The name, address, and telephone number of the training provider that issued the certificate. h. A statement that the person receiving the certificate has completed the requisite training for asbestos accreditation under TSCA Title II. States or training providers who reaccredit persons based upon completion of required refresher training must also provide accreditation certificates with all of the above information, except the examination date may be omitted if a State does not require a refresher examination for reaccreditation. Where a State licenses accredited persons but has authorized training providers to issue accreditation certificates, the State may issue licenses in the form of photo-identification cards. Where this applies, EPA recommends that the State licenses should include all of the same information required for the accreditation certificates. A State may also choose to issue photo-identification cards in addition to the required accreditation certificates. Accredited persons must have their initial and current accreditation certificates at the location where they are conducting work. 2. The following are the requirements for examination in each discipline: a. Worker: i. 50 multiple-choice questions ii. Passing score: 70 percent correct b. Contractor/Supervisor: i. 100 multiple-choice questions ii. Passing score: 70 percent correct c. Inspector: i. 50 Multiple-choice questions ii. Passing score: 70 percent correct d. Management Planner: i. 50 Multiple-choice questions ii. Passing score: 70 percent correct e. Project Designer: i. 100 multiple-choice questions ii. Passing score: 70 percent correct D. Continuing Education For all disciplines, a State’s accreditation program shall include annual refresher training as a requirement for reaccreditation as indicated below: 1. Workers: One full day of refresher training. 2. Contractor/Supervisors: One full day of refresher training. 3. Inspectors: One half-day of refresher training. 4. Management Planners: One half-day of inspector refresher training and one half-day of refresher training for management planners. 5. Project Designers: One full day of refresher training. The refresher courses shall be specific to each discipline. Refresher courses shall be conducted as separate and distinct courses and not combined with any other training during the period of the refresher course. For each discipline, the refresher course shall review and discuss changes in Federal, State, and local regulations, developments in stateof-the-art procedures, and a review of key aspects of the initial training course as determined by the State. After completing the annual refresher course, persons shall have their accreditation extended for an additional year from the date of the refresher course. A State may consider requiring persons to pass reaccreditation examinations at specific intervals (for example, every 3 years). EPA recommends that States formally establish a 12-month grace period to enable formerly accredited persons with expired certificates to complete refresher training and have their accreditation status reinstated without having to re-take the initial training course. E. Qualifications In addition to requiring training and an examination, a State may require candidates for accreditation to meet other qualification and/or experience standards that the State considers appropriate for some or all disciplines. States may choose to consider requiring qualifications similar to the examples outlined below for inspectors, management planners and project designers. States may modify these examples as appropriate. In addition, States may want to include some requirements based on experience in performing a task directly as a part of a job or in an apprenticeship role. They may also wish to consider additional criteria for the approval of training course instructors beyond those prescribed by EPA. 1. Inspectors: Qualifications - possess a high school diploma. States may want to require an Associate’s Degree in specific fields (e.g., environmental or physical sciences). 826 VerDate Aug<31>2005 14:36 Aug 06, 2007 Jkt 211171 PO 00000 Frm 00836 Fmt 8010 Sfmt 8002 Y:\SGML\211171.XXX 211171 Environmental Protection Agency Pt. 763, Subpt. E, App. C 2. Management Planners: Qualifications Registered architect, engineer, or certified industrial hygienist or related scientific field. 3. Project Designers: Qualifications - registered architect, engineer, or certified industrial hygienist. 4. Asbestos Training Course Instructor: Qualifications - academic credentials and/or field experience in asbestos abatement. EPA recommends that States prescribe minimum qualification standards for training instructors employed by training providers. rfrederick on PROD1PC67 with CFR F. Recordkeeping Requirements for Training Providers All approved providers of accredited asbestos training courses must comply with the following minimum recordkeeping requirements. 1. Training course materials. A training provider must retain copies of all instructional materials used in the delivery of the classroom training such as student manuals, instructor notebooks and handouts. 2. Instructor qualifications. A training provider must retain copies of all instructors’ resumes, and the documents approving each instructor issued by either EPA or a State. Instructors must be approved by either EPA or a State before teaching courses for accreditation purposes. A training provider must notify EPA or the State, as appropriate, in advance whenever it changes course instructors. Records must accurately identify the instructors that taught each particular course for each date that a course is offered. 3. Examinations. A training provider must document that each person who receives an accreditation certificate for an initial training course has achieved a passing score on the examination. These records must clearly indicate the date upon which the exam was administered, the training course and discipline for which the exam was given, the name of the person who proctored the exam, a copy of the exam, and the name and test score of each person taking the exam. The topic and dates of the training course must correspond to those listed on that person’s accreditation certificate. States may choose to apply these same requirements to examinations for refresher training courses. 4. Accreditation certificates. The training providers or States, whichever issues the accreditation certificate, shall maintain records that document the names of all persons who have been awarded certificates, their certificate numbers, the disciplines for which accreditation was conferred, training and expiration dates, and the training location. The training provider or State shall maintain the records in a manner that allows verification by telephone of the required information. 5. Verification of certificate information. EPA recommends that training providers of refresher training courses confirm that their students possess valid accreditation before granting course admission. EPA further recommends that training providers offering the initial management planner training course verify that students have met the prerequisite of possessing valid inspector accreditation at the time of course admission. 6. Records retention and access. (a) The training provider shall maintain all required records for a minimum of 3 years. The training provider, however, may find it advantageous to retain these records for a longer period of time. (b) The training provider must allow reasonable access to all of the records required by the MAP, and to any other records which may be required by States for the approval of asbestos training providers or the accreditation of asbestos training courses, to both EPA and to State Agencies, on request. EPA encourages training providers to make this information equally accessible to the general public. (c) If a training provider ceases to conduct training, the training provider shall notify the approving government body (EPA or the State) and give it the opportunity to take possession of that providers asbestos training records. G. Deaccreditation 1. States must establish criteria and procedures for deaccrediting persons accredited as workers, contractor/supervisors, inspectors, management planners, and project designers. States must follow their own administrative procedures in pursuing deaccreditation actions. At a minimum, the criteria shall include: (a) Performing work requiring accreditation at a job site without being in physical possession of initial and current accreditation certificates; (b) Permitting the duplication or use of one’s own accreditation certificate by another; (c) Performing work for which accreditation has not been received; or (d) Obtaining accreditation from a training provider that does not have approval to offer training for the particular discipline from either EPA or from a State that has a contractor accreditation plan at least as stringent as the EPA MAP. EPA may directly pursue deaccreditation actions without reliance on State deaccreditation or enforcement authority or actions. In addition to the above-listed situations, the Administrator may suspend or revoke the accreditation of persons who have been subject to a final order imposing a civil penalty or convicted under section 16 of TSCA, 15 U.S.C. 2615 or 2647, for violations of 40 CFR part 763, or section 113 of the Clean 827 VerDate Aug<31>2005 14:36 Aug 06, 2007 Jkt 211171 PO 00000 Frm 00837 Fmt 8010 Sfmt 8002 Y:\SGML\211171.XXX 211171 Pt. 763, Subpt. E, App. C 40 CFR Ch. I (7–1–07 Edition) Air Act, 42 U.S.C. 7413, for violations of 40 CFR part 61, subpart M. 2. Any person who performs asbestos work requiring accreditation under section 206(a) of TSCA, 15 U.S.C. 2646(a), without such accreditation is in violation of TSCA. The following persons are not accredited for purposes of section 206(a) of TSCA: (a) Any person who obtains accreditation through fraudulent representation of training or examination documents; (b) Any person who obtains training documentation through fraudulent means; (c) Any person who gains admission to and completes refresher training through fraudulent representation of initial or previous refresher training documentation; or (d) Any person who obtains accreditation through fraudulent representation of accreditation requirements such as education, training, professional registration, or experience. H. Reciprocity EPA recommends that each State establish reciprocal arrangements with other States that have established accreditation programs that meet or exceed the requirements of the MAP. Such arrangements might address cooperation in licensing determinations, the review and approval of training programs and/or instructors, candidate testing and exam administration, curriculum development, policy formulation, compliance monitoring, and the exchange of information and data. The benefits to be derived from these arrangements include a potential costsavings from the reduction of duplicative activity and the attainment of a more professional accredited workforce as States are able to refine and improve the effectiveness of their programs based upon the experience and methods of other States. I. Electronic Reporting States that choose to receive electronic documents must include, at a minimum, the requirements of 40 CFR Part 3—(Electronic reporting) in their programs. rfrederick on PROD1PC67 with CFR II. EPA Approval Process for State Accreditation Programs A. States may seek approval for a single discipline or all disciplines as specified in the MAP. For example, a State that currently only requires worker accreditation may receive EPA approval for that discipline alone. EPA encourages States that currently do not have accreditation requirements for all disciplines required under section 206(b)(2) of TSCA, 15 U.S.C. 2646(b)(2), to seek EPA approval for those disciplines the State does accredit. As States establish accreditation requirements for the remaining disciplines, the requested information outlined below should be submitted to EPA as soon as possible. Any State that had an accreditation program approved by EPA under an earlier version of the MAP may follow the same procedures to obtain EPA approval of their accreditation program under this MAP. B. Partial approval of a State Program for the accreditation of one or more disciplines does not mean that the State is in full compliance with TSCA where the deadline for that State to have adopted a State Plan no less stringent than the MAP has already passed. State Programs which are at least as stringent as the MAP for one or more of the accredited disciplines may, however, accredit persons in those disciplines only. C. States seeking EPA approval or reapproval of accreditation programs shall submit the following information to the Regional Asbestos Coordinator at their EPA Regional office: 1. A copy of the legislation establishing or upgrading the State’s accreditation program (if applicable). 2. A copy of the State’s accreditation regulations or revised regulations. 3. A letter to the Regional Asbestos Coordinator that clearly indicates how the State meets the program requirements of this MAP. Addresses for each of the Regional Asbestos Coordinators are shown below: EPA, Region I, (ATC-111) Asbestos Coordinator, JFK Federal Bldg., Boston, MA 02203-2211, (617) 565-3836. EPA, Region II, (MS-500), Asbestos Coordinator, 2890 Woodbridge Ave., Edison, NJ 08837-3679, (908) 321-6671. EPA, Region III, (3AT-33), Asbestos Coordinator, 841 Chestnut Bldg., Philadelphia, PA 19107, (215) 597-3160. EPA, Region IV, Asbestos Coordinator, 345 Courtland St., N.E., Atlanta, GA 30365, (404) 347-5014. EPA, Region V, (SP-14J), Asbestos Coordinator, 77 W. Jackson Blvd., Chicago, IL 60604-3590, (312) 886-6003. EPA, Region VI, (6T-PT), Asbestos Coordinator, 1445 Ross Ave. Dallas, TX 75202-2744, (214) 655-7244. EPA, Region VII, (ARTX/ASBS), Asbestos Coordinator, 726 Minnesota Ave., Kansas City, KS 66101, (913) 551-7020. EPA, Region VIII, (8AT-TS), Asbestos Coordinator, 1 Denver Place, Suite 500 999 - 18th St., Denver, CO 80202-2405, (303) 293-1442. EPA, Region IX, (A-4-4), Asbestos Coordinator, 75 Hawthorne St., San Francisco, CA 94105, (415) 744-1128. EPA, Region X, (AT-083), Asbestos Coordinator, 1200 Sixth Ave., Seattle, WA 98101, (206) 553-4762. EPA maintains a listing of all those States that have applied for and received EPA approval for having accreditation requirements that are at least as stringent as the MAP for one or more disciplines. Any training courses 828 VerDate Aug<31>2005 14:36 Aug 06, 2007 Jkt 211171 PO 00000 Frm 00838 Fmt 8010 Sfmt 8002 Y:\SGML\211171.XXX 211171 Environmental Protection Agency Pt. 763, Subpt. E, App. C approved by an EPA-approved State Program are considered to be EPA-approved for purposes of accreditation. III. Approval of Training Courses Individuals or groups wishing to sponsor training courses for disciplines required to be accredited under section 206(b)(1)(A) of TSCA, 15 U.S.C. 2646(b)(1)(A), may apply for approval from States that have accreditation program requirements that are at least as stringent as this MAP. For a course to receive approval, it must meet the requirements for the course as outlined in this MAP, and any other requirements imposed by the State from which approval is being sought. Courses that have been approved by a State with an accreditation program at least as stringent as this MAP are approved under section 206(a) of TSCA, 15 U.S.C. 2646(a), for that particular State, and also for any other State that does not have an accreditation program as stringent as this MAP. A. Initial Training Course Approval A training provider must submit the following minimum information to a State as part of its application for the approval of each training course: 1. The course provider’s name, address, and telephone number. 2. A list of any other States that currently approve the training course. 3. The course curriculum. 4. A letter from the provider of the training course that clearly indicates how the course meets the MAP requirements for: a. Length of training in days. b. Amount and type of hands-on training. c. Examination (length, format, and passing score). d. Topics covered in the course. 5. A copy of all course materials (student manuals, instructor notebooks, handouts, etc.). 6. A detailed statement about the development of the examination used in the course. 7. Names and qualifications of all course instructors. Instructors must have academic and/or field experience in asbestos abatement. 8. A description of and an example of the numbered certificates issued to students who attend the course and pass the examination. rfrederick on PROD1PC67 with CFR B. Refresher Training Course Approval The following minimum information is required for approval of refresher training courses by States: 1. The length of training in half-days or days. 2. The topics covered in the course. 3. A copy of all course materials (student manuals, instructor notebooks, handouts, etc.). 4. The names and qualifications of all course instructors. Instructors must have academic and/or field experience in asbestos abatement. 5. A description of and an example of the numbered certificates issued to students who complete the refresher course and pass the examination, if required. C. Withdrawal of Training Course Approval States must establish criteria and procedures for suspending or withdrawing approval from accredited training programs. States should follow their own administrative procedures in pursuing actions for suspension or withdrawal of approval of training programs. At a minimum, the criteria shall include: (1) Misrepresentation of the extent of a training course’s approval by a State or EPA; (2) Failure to submit required information or notifications in a timely manner; (3) Failure to maintain requisite records; (4) Falsification of accreditation records, instructor qualifications, or other accreditation information; or (5) Failure to adhere to the training standards and requirements of the EPA MAP or State Accreditation Program, as appropriate. In addition to the criteria listed above, EPA may also suspend or withdraw a training course’s approval where an approved training course instructor, or other person with supervisory authority over the delivery of training has been found in violation of other asbestos regulations administered by EPA. An administrative or judicial finding of violation, or execution of a consent agreement and order under 40 CFR 22.18, constitutes evidence of a failure to comply with relevant statutes or regulations. States may wish to adopt this criterion modified to include their own asbestos statutes or regulations. EPA may also suspend or withdraw approval of training programs where a training provider has submitted false information as a part of the self-certification required under Unit V.B. of the revised MAP. Training course providers shall permit representatives of EPA or the State which approved their training courses to attend, evaluate, and monitor any training course without charge. EPA or State compliance inspection staff are not required to give advance notice of their inspections. EPA may suspend or withdraw State or EPA approval of a training course based upon the criteria specified in this Unit III.C. IV. EPA Procedures for Suspension or Revocation of Accreditation or Training Course Approval. A. If the Administrator decides to suspend or revoke the accreditation of any person or 829 VerDate Aug<31>2005 14:36 Aug 06, 2007 Jkt 211171 PO 00000 Frm 00839 Fmt 8010 Sfmt 8002 Y:\SGML\211171.XXX 211171 rfrederick on PROD1PC67 with CFR Pt. 763, Subpt. E, App. C 40 CFR Ch. I (7–1–07 Edition) suspend or withdraw the approval of a training course, the Administrator will notify the affected entity of the following: 1. The grounds upon which the suspension, revocation, or withdrawal is based. 2. The time period during which the suspension, revocation, or withdrawal is effective, whether permanent or otherwise. 3. The conditions, if any, under which the affected entity may receive accreditation or approval in the future. 4. Any additional conditions which the Administrator may impose. 5. The opportunity to request a hearing prior to final Agency action to suspend or revoke accreditation or suspend or withdraw approval. B. If a hearing is requested by the accredited person or training course provider pursuant to the preceding paragraph, the Administrator will: 1. Notify the affected entity of those assertions of law and fact upon which the action to suspend, revoke, or withdraw is based. 2. Provide the affected entity an opportunity to offer written statements of facts, explanations, comments, and arguments relevant to the proposed action. 3. Provide the affected entity such other procedural opportunities as the Administrator may deem appropriate to ensure a fair and impartial hearing. 4. Appoint an EPA attorney as Presiding Officer to conduct the hearing. No person shall serve as Presiding Officer if he or she has had any prior connection with the specific case. C. The Presiding Officer appointed pursuant to the preceding paragraph shall: 1. Conduct a fair, orderly, and impartial hearing, without unnecessary delay. 2. Consider all relevant evidence, explanation, comment, and argument submitted pursuant to the preceding paragraph. 3. Promptly notify the affected entity of his or her decision and order. Such an order is a final Agency action. D. If the Administrator determines that the public health, interest, or welfare warrants immediate action to suspend the accreditation of any person or the approval of any training course provider, the Administrator will: 1. Notify the affected entity of the grounds upon which the emergency suspension is based; 2. Notify the affected entity of the time period during which the emergency suspension is effective. 3. Notify the affected entity of the Administrator’s intent to suspend or revoke accreditation or suspend or withdraw training course approval, as appropriate, in accordance with Unit IV.A. above. If such suspension, revocation, or withdrawal notice has not previously been issued, it will be issued at the same time the emergency suspension notice is issued. E. Any notice, decision, or order issued by the Administrator under this section, and any documents filed by an accredited person or approved training course provider in a hearing under this section, shall be available to the public except as otherwise provided by section 14 of TSCA or by 40 CFR part 2. Any such hearing at which oral testimony is presented shall be open to the public, except that the Presiding Officer may exclude the public to the extent necessary to allow presentation of information which may be entitled to confidential treatment under section 14 of TSCA or 40 CFR part 2. V. Implementation Schedule The various requirements of this MAP become effective in accordance with the following schedules: A. Requirements applicable to State Programs 1. Each State shall adopt an accreditation plan that is at least as stringent as this MAP within 180 days after the commencement of the first regular session of the legislature of the State that is convened on or after April 4, 1994. 2. If a State has adopted an accreditation plan at least as stringent as this MAP as of April 4, 1994, the State may continue to: a. Conduct TSCA training pursuant to this MAP. b. Approve training course providers to conduct training and to issue accreditation that satisfies the requirements for TSCA accreditation under this MAP. c. Issue accreditation that satisfies the requirements for TSCA accreditation under this MAP. 3. A State that had complied with an earlier version of the MAP, but has not adopted an accreditation plan at least as stringent as this MAP by April 4, 1994, may: a. Conduct TSCA training which remains in compliance with the requirements of Unit V.B. of this MAP. After such training has been self-certified in accordance with Unit V.B. of this MAP, the State may issue accreditation that satisfies the requirement for TSCA accreditation under this MAP. b. Sustain its approval for any training course providers to conduct training and issue TSCA accreditation that the State had approved before April 4, 1994, and that remain in compliance with Unit V.B. of this MAP. c. Issue accreditation pursuant to an earlier version of the MAP that provisionally satisfies the requirement for TSCA accreditation until October 4, 1994. Such a State may not approve new TSCA training course providers to conduct training or to issue TSCA accreditation that satisfies 830 VerDate Aug<31>2005 14:36 Aug 06, 2007 Jkt 211171 PO 00000 Frm 00840 Fmt 8010 Sfmt 8002 Y:\SGML\211171.XXX 211171