Pennsylvania Act 1998-161 — ASBESTOS OCCUPATION ACCREDITATION AND CERTIFICATION ACT - AMEND

Act text

ASBESTOS OCCUPATION ACCREDITATION AND CERTIFICATION ACT - AMEND
                 Act of Dec. 21, 1998, P.L. 1258, No. 161             Cl. 43
                             Session of 1998
                               No. 1998-161

     HB 1473

                                  AN ACT

     Amending the act of December 19, 1990 (P.L.805, No.194),
        entitled "An act providing for the accreditation of persons
        engaged in occupations relating to asbestos; providing for
        certification standards and procedures; providing for
        additional duties of the Department of Labor and Industry;
        establishing the Asbestos Control Advisory Committee and
        providing for its powers and duties; and providing for
        enforcement and penalties," requiring certain contractors to
        obtain a license.

        The General Assembly of the Commonwealth of Pennsylvania
     hereby enacts as follows:

        Section 1.  The preamble of the act of December 19, 1990
     (P.L.805, No.194), known as the Asbestos Occupations
     Accreditation and Certification Act, is amended to read:
        The General Assembly finds that improperly performed asbestos
     removal and other asbestos control measures create unnecessary
     and undesirable public health hazards. Exposure to airborne
     asbestos fibers has been shown to cause significant increases in
     the incidence of diseases such as asbestosis, lung cancer,
     mesothelioma and other malignancies. Substantial amounts of
     asbestos-containing materials have been used in buildings for
     fireproofing, insulation, soundproofing, decoration and other
     purposes. The presence of airborne asbestos in concentrations
     far exceeding background ambient levels has been found in
     buildings where friable asbestos materials are found, but
     especially where these materials have become damaged or eroded,
     or where they have been disturbed by maintenance or renovation
     work. Efforts to prevent exposure to asbestos by improper
     removal or other improper remedial measures can result in
     increased exposure for building occupants and the general public
     if the work is not done in accordance with procedures designed
     to prevent human and environmental contamination. It is,
     therefore, the intent of this act to protect the public by
     preventing increased exposure to asbestos in buildings by
     establishing a program to accredit asbestos occupations to
     insure that persons who design or conduct abatement activities
     at certain facilities have the necessary skill, training,
     experience and competence to perform these activities. It is
     further the intent of this act to establish the necessary
     standards to accredit training courses to insure that persons
     who design and perform asbestos abatement activities receive the
     most up-to-date technology and methods to perform these
     activities. It is further the intent of this act that the
     Department of Labor and Industry establish fees for these
     accreditation activities so that they will become self-
     sustaining. It is also the intent of this act that the
     Department of Labor and Industry shall establish regulations to
     enforce this act that are as at least as stringent and as
     consistent as possible with Federal laws and regulations.
        Section 2.  The definitions of "asbestos abatement" and
     "friable asbestos material" in section 2 of the act are amended
     and the section is amended by adding a definition to read:
      Section 2.  Definitions.
        The following words and phrases when used in this act shall
     have the meanings given to them in this section unless the
     context clearly indicates otherwise:
        * * *
        "Asbestos abatement."  [Any demolition, renovation, repair,
     construction or maintenance activity of any public or private
     facility that involves the repair, enclosure, encapsulation,
     removal, salvage, handling or disposal of any material with the
     potential of releasing asbestos fibers from] A method, including
     removal, encapsulation, enclosure, repair and operation and
     maintenance, that protects human health and the environment from
     friable asbestos-containing material.
        "Asbestos abatement contractor license."  A license issued by
     the department permitting a company, corporation, partnership or
     sole proprietorship to provide asbestos abatement services.
        * * *
        "Friable asbestos-containing material."  Any [asbestos-
     containing] material [that] containing more than 1% asbestos
     which has been applied on ceilings, walls, structural members,
     piping, ductwork or any other part of a building, which, when
     dry, [can] may be crumbled, pulverized or reduced to powder by
     hand pressure[, including an]. The term includes nonfriable
     asbestos-containing material [that will or can reasonably be
     expected to become friable as a result of the asbestos abatement
     activity.] after such previously nonfriable material becomes
     damaged to the extent that, when dry, it may be crumbled,
     pulverized or reduced to powder by hand pressure.
        * * *
        Section 3.  Sections 4 and 5 of the act are amended to read:
      Section 4.  Accreditation standards and procedures.
        (a)  Regulations of department.--The department shall by
     regulation establish standards and procedures for the
     accreditation of asbestos occupation training courses. These
     regulations shall be at least as stringent and as consistent as
     possible as those established by the Environmental Protection
     Agency under the Asbestos Hazard Emergency Response Act of 1986
     (Public Law 99-519, 15 U.S.C. § 2641 et seq.) [and] or those
     established for certain occupations by the Environmental
     Protection Agency under the National Emission Standard for
     Hazardous Air Pollutants (40 CFR Part 41). These regulations
     shall include, but not be limited to:
            (1)  The characteristics and uses of asbestos and the
        potential health effects of exposure to asbestos.
            (2)  Federal, State and local standards relating to
        asbestos abatement work practices.
            (3)  Methods to protect personal and public health from
        asbestos hazards.
            (4)  Air monitoring.
            (5)  Safe and proper asbestos abatement techniques.
            (6)  Proper disposal of waste containing asbestos.
        (b)  Training courses.--
            (1)  In accordance with the criteria and qualifications
        established by the department under subsection (a), the
        department shall annually accredit training courses that
        satisfy initial and renewal training requirements for
        certification for asbestos occupations.
            (2)  In addition to the other requirements of this
        section, any person providing a training course for which
        accreditation is sought shall demonstrate to the department's
        satisfaction his ability and proficiency to conduct the
        training.
            (3)  Any person providing accredited asbestos occupation
        training shall make available to the department, at no cost
        to the department and at such times as the department may
        deem necessary, all course materials and records and access
        to actual training sessions.
            (4)  The department may allow the use of training courses
        offered in other states or jurisdictions to satisfy the
        Pennsylvania training requirements, if the department finds
        that the training received in the other states or
        jurisdiction meet the requirement for training courses under
        this act and the regulations promulgated under this act.
            (5)  All training courses approved by the Environmental
        Protection Agency on the effective date of this act shall be
        deemed to be accredited under this section. However, nothing
        in this section shall prohibit the department from requiring
        any training provider to comply with its renewal requirements
        in order to have its accreditation renewed.
            (6)  Upon the effective date of this act, the
        requirements of the Environmental Protection Agency's Model
        Accreditation Program contained in 40 CFR Part 763, Subpart
        E, Appendix C, establishing the Federal requirements for
        certification of training courses are adopted as the initial
        interim standards under this act. These interim accreditation
        requirements shall remain in effect until the department
        promulgates regulations under subsection (a).
            (7)  All training course providers must notify the
        department of their intention to commence a training course
        at least five days prior to the start of the training course.
        The notification must be in the form or manner prescribed by
        the department.
      Section 5.  Certification standards and procedures.
        (a)  Regulation of the department.--The department shall
     establish by regulation standards and procedures for the
     certification of persons involved in asbestos occupations. Such
     standards and procedures shall be at least as stringent and as
     consistent as possible as those established by the Environmental
     Protection Agency under the Asbestos Hazard Emergency Response
     Act of 1986 (Public Law 99-519, 15 U.S.C. § 2641 et seq.) [and]
     or those established for certain occupations by the
     Environmental Protection Agency under the National Emission
     Standard for Hazardous Air Pollutants (40 CFR Part 41). These
     regulations shall include, but not be limited to, the following
     requirements:
            (1)  Successful completion of a training course on
        Pennsylvania's laws and regulations regarding asbestos.
            (2)  Passing a written examination administered or
        approved by the department which tests the person's knowledge
        of Federal and Pennsylvania laws and regulations as they
        apply to that person's asbestos occupation.
        (b)  Asbestos occupations.--Any person meeting the
     requirements established under subsection (a) may be certified
     by the department to perform asbestos occupations.
        (c)  Certification in another jurisdiction.--
            (1)  The department may certify for an asbestos
        occupation any person who has been certified by another state
        or territory of the United States or any other jurisdiction
        which has requirements at least as stringent as those
        promulgated under subsection (a).
            (2)  The department shall, within 120 days after the
        effective date of this act, publish in the Pennsylvania
        Bulletin a list of those jurisdictions which meet the
        requirements of paragraph (1) and with which reciprocity will
        be granted. As the department adds and deletes jurisdictions,
        it shall publish revised lists.
            (3)  Except as provided in paragraph (4), any person
        receiving reciprocal certification under this subsection
        shall be required to pay the appropriate fee established
        under section 7 and shall obtain a Pennsylvania certificate.
            (4)  Any person accredited by a city of the first class
        or a county of the second class shall be deemed to be
        certified under this section. In addition, any person
        certified by a city of the first class or a county of the
        second class shall not be required to obtain a Pennsylvania
        certification, provided that such person has been issued a
        certificate which contains a recent photograph. If the
        certificate issued by a city of the first class or a county
        of the second class does not contain a photograph, the person
        shall reimburse the department for the cost of the issuance
        of a Pennsylvania accreditation certificate.
        (d)  Interim certification.--Until the department promulgates
     regulations establishing a certification program under
     subsection (a), any person who has successfully completed an
     EPA-approved training course shall be deemed to be certified in
     this Commonwealth upon payment of the appropriate fee under
     section 7 and upon submission of a copy of the appropriate
     documentation from the EPA-approved training course. Interim
     certification issued under this section shall be valid for a
     one-year period.
        (e)  Interim certification requirement.--The requirements of
     the Environmental Protection Agency's Model Accreditation
     Program contained in 40 CFR Part 763, Subpart E, Appendix C,
     establishing the Federal requirements for certification of
     asbestos occupations are adopted as the initial interim
     standards under this act. These interim certification
     requirements shall remain in effect until the department
     promulgates regulations under subsection (a).
        Section 4.  The act is amended by adding a section to read:
      Section 5.1.  Asbestos abatement contractor licenses.
        (a)  Requirement.--A license is required by all contractors
     whose primary business is asbestos abatement or who in the
     course of doing business can reasonably expect to perform
     asbestos abatement projects.
        (b)  Standards and procedures for licensing.--The department
     shall establish by regulation standards and procedures for the
     licensing of companies, corporations, partnerships and sole
     proprietors who engage in the business of asbestos abatement.
     These regulations shall include, but not be limited to, the
     following requirements:
            (1)  Experience in the field of asbestos abatement.
            (2)  Knowledge and ability to correctly and safely
        organize, manage and perform an asbestos abatement project.
            (3)  Capability to perform asbestos abatement work,
        including, but not limited to, necessary equipment, trained
        personnel, organizational structure, landfill availability,
        financial stability, experience and/or training of key
        personnel. In determining capability, the department shall
        consider the applicant's history of fines, citations or other
        actions taken by regulatory agencies for certification, work
        practice and licensing violations.
            (4)  Completion of application and payment of fee.
            (5)  Employment of a person certified as an asbestos
        contractor.
        (c)  Interim standards and procedures.--Pending promulgation
     of regulations under subsection (b), the department may
     establish interim standards and procedures by publishing the
     standards and procedures in the Pennsylvania Bulletin.
        (d)  Fee.--The department by regulation shall set the license
     fee. Upon the effective date of this section, the interim fee
     shall be $50. This interim fee shall remain in effect until the
     department promulgates a fee by regulation.
        (e)  Duration, renewal and transfer of license.--
            (1)  Unless the department revokes or suspends a license,
        the license shall remain in effect for one year from the date
        of issuance.
            (2)  An asbestos abatement contractor may apply for
        renewal of a license in the form and manner prescribed by the
        department.
        (f)  Suspension, revocation, etc.--The department may
     suspend, revoke or deny any license application for the reasons
     and in the manner set forth for accreditations and
     certifications under section 6.
        (g)  Enforcement and penalties.--The department shall have
     the power to enforce this section in the manner set forth for
     accreditations and certifications under section 9. The civil and
     criminal penalties set forth in section 9(d) and (e) shall apply
     to violations of this section.
        Section 5.  Sections 6, 8 and 9(a) of the act are amended to
     read:
      Section 6.  Suspension, revocation, etc.
        (a)  Grounds.--The department may reprimand, suspend, deny or
     revoke any accreditation or certification issued under this act
     to any person who:
            (1)  Fraudulently or deceptively obtains or attempts to
        obtain accreditation or certification.
            (2)  Fails at any time to meet the qualification
        requirements of this act or any regulations adopted
        thereunder.
            (3)  Fails to meet any applicable Federal or State
        standard relating to asbestos abatement.
            (4)  Fails to pay the required accreditation or
        certification fee.
            (5)  Fails to notify the department as required under
        [section 8] sections 4 and 8.
        (b)  Enforcement proceedings.--No action under this section
     shall preclude the department from proceeding under section 9.
      Section 8.  [Contractor notification of abatement projects]
                    Notification requirements.
        (a)  Contractor notification of abatement projects.--All
     contractors performing an asbestos abatement project shall
     report to the department at least five days prior to the start
     of any asbestos abatement project on a form or manner prescribed
     by the department. [This form] The notification shall include at
     least the following information: name, address and certification
     verification of the contractor; name, address and political
     subdivision of the location of the asbestos project; name and
     mailing address of the building owner, if different than the
     location; estimated amount of asbestos involved in the abatement
     project; estimated completion date; and name and address of the
     landfill where the asbestos will be sent for disposal. Nothing
     in this section shall prohibit the department from requiring
     additional information that is deemed necessary to develop and
     maintain information on asbestos abatement activities within
     this Commonwealth.
        (b)  Contractor notification of projects relating to certain
     asbestos.--All contractors performing work on asbestos-
     containing material not initially determined to be a friable
     asbestos-containing material as defined under this act shall
     notify the department at least five days prior to the start of
     the project. The notification shall include at least the
     following information: name and address of the contractor or
     person performing the work; name, address and political
     subdivision of the location of the worksite; name and address of
     the building owner, if different from the work location; and the
     estimated completion date of the project. The department may
     exclude this notification requirement for projects on private
     single-family residential units.
        (c)  Emergency projects.--In the case of an emergency
     project, the department has the authority to waive or modify
     notification requirements noted in subsections (a) and (b).
      Section 9.  Enforcement and penalties.
        (a)  General rule.--
            (1)  The provisions of this act shall apply to all
        asbestos abatement projects in this Commonwealth and shall be
        enforced by the department, the district attorney of any
        county or the proper enforcement officer of any municipality
        in which an asbestos abatement project is occurring.
            (2)  A municipality [may] shall require proof of
        certification from any person engaged in asbestos
        [occupations] abatement within its jurisdiction. For the
        purposes of this paragraph, the certificate issued by the
        department or its equivalent shall constitute the required
        proof of certification.
        * * *
        Section 6.  This act shall take effect in 60 days.

     APPROVED--The 21st day of December, A. D. 1998.

     THOMAS J. RIDGE