act-1998-0-161•Pennsylvania Act 1998-161 — ASBESTOS OCCUPATION ACCREDITATION AND CERTIFICATION ACT - AMEND
Pennsylvania Act 1998-161 — ASBESTOS OCCUPATION ACCREDITATION AND CERTIFICATION ACT - AMEND
act-1998-0-1611998 Pa. Act 161Law
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
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