SENATE AMENDED
PRIOR PRINTER'S NOS. 1765, 1868, 3505 PRINTER'S NO. 4054
No. 1473 Session of 1997
INTRODUCED BY McNAUGHTON, E. Z. TAYLOR, SAYLOR, ITKIN, MASLAND,
THOMAS, EGOLF, YOUNGBLOOD, SERAFINI, PRESTON, BELFANTI,
STEVENSON, MILLER, HENNESSEY, TRELLO, ROSS, McILHATTAN,
SHANER, LUCYK, PISTELLA, ARMSTRONG, BENNINGHOFF, BUNT, STERN,
BOSCOLA, RAMOS, STEELMAN AND WASHINGTON, MAY 7, 1997
SENATOR LOEPER, RULES AND EXECUTIVE NOMINATIONS, IN SENATE, RE-
REPORTED AS AMENDED, NOVEMBER 9, 1998
AN ACT
1 Amending the act of December 19, 1990 (P.L.805, No.194),
2 entitled "An act providing for the accreditation of persons
3 engaged in occupations relating to asbestos; providing for
4 certification standards and procedures; providing for
5 additional duties of the Department of Labor and Industry;
6 establishing the Asbestos Control Advisory Committee and
7 providing for its powers and duties; and providing for
8 enforcement and penalties," requiring certain contractors to
9 obtain a license.
10 The General Assembly of the Commonwealth of Pennsylvania
11 hereby enacts as follows:
12 Section 1. The Preamble of the act of December 19, 1990
13 (P.L.805, No.194), known as the Asbestos Occupations
14 Accreditation and Certification Act, is amended to read:
15 The General Assembly finds that improperly performed asbestos
16 removal and other asbestos control measures create unnecessary
17 and undesirable public health hazards. Exposure to airborne
18 asbestos fibers has been shown to cause significant increases in
19 the incidence of diseases such as asbestosis, lung cancer,
1 mesothelioma and other malignancies. Substantial amounts of
2 asbestos-containing materials have been used in buildings for
3 fireproofing, insulation, soundproofing, decoration and other
4 purposes. The presence of airborne asbestos in concentrations
5 far exceeding background ambient levels has been found in
6 buildings where friable asbestos materials are found, but
7 especially where these materials have become damaged or eroded,
8 or where they have been disturbed by maintenance or renovation
9 work. Efforts to prevent exposure to asbestos by improper
10 removal or other improper remedial measures can result in
11 increased exposure for building occupants and the general public
12 if the work is not done in accordance with procedures designed
13 to prevent human and environmental contamination. It is,
14 therefore, the intent of this act to protect the public by
15 preventing increased exposure to asbestos in buildings by
16 establishing a program to accredit asbestos occupations to
17 insure that persons who design or conduct abatement activities
18 at certain facilities have the necessary skill, training,
19 experience and competence to perform these activities. It is
20 further the intent of this act to establish the necessary
21 standards to accredit training courses to insure that persons
22 who design and perform asbestos abatement activities receive the
23 most up-to-date technology and methods to perform these
24 activities. It is further the intent of this act that the
25 Department of Labor and Industry establish fees for these
26 accreditation activities so that they will become self-
27 sustaining. It is also the intent of this act that the
28 Department of Labor and Industry shall establish regulations to
29 enforce this act that are as at least as stringent and as
30 consistent as possible with Federal laws and regulations.
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1 Section 2. The definitions of "asbestos abatement" and
2 "friable asbestos material" in section 2 of the act are amended
3 and the section is amended by adding a definition to read:
4 Section 2. Definitions.
5 The following words and phrases when used in this act shall
6 have the meanings given to them in this section unless the
7 context clearly indicates otherwise:
8 * * *
9 "Asbestos abatement." [Any demolition, renovation, repair,
10 construction or maintenance activity of any public or private
11 facility that involves the repair, enclosure, encapsulation,
12 removal, salvage, handling or disposal of any material with the
13 potential of releasing asbestos fibers from] A method, including
14 removal, encapsulation, enclosure, repair and operation and
15 maintenance, that protects human health and the environment from
16 friable asbestos-containing material.
17 "Asbestos abatement contractor license." A license issued by
18 the department permitting a company, corporation, partnership or
19 sole proprietorship to provide asbestos abatement services.
20 * * *
21 "Friable asbestos-containing material." Any [asbestos-
22 containing] material [that] containing more than 1% asbestos
23 which has been applied on ceilings, walls, structural members,
24 piping, ductwork or any other part of a building, which, when
25 dry, [can] may be crumbled, pulverized or reduced to powder by
26 hand pressure[, including an]. The term includes nonfriable
27 asbestos-containing material [that will or can reasonably be
28 expected to become friable as a result of the asbestos abatement
29 activity.] after such previously nonfriable material becomes
30 damaged to the extent that, when dry, it may be crumbled,
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1 pulverized or reduced to powder by hand pressure.
2 * * *
3 Section 3. Sections 4 and 5 of the act are amended to read:
4 Section 4. Accreditation standards and procedures.
5 (a) Regulations of department.--The department shall by
6 regulation establish standards and procedures for the
7 accreditation of asbestos occupation training courses. These
8 regulations shall be at least as stringent, and as consistent as
9 possible, as those established by the Environmental Protection
10 Agency under the Asbestos Hazard Emergency Response Act of 1986
11 (Public Law 99-519, 15 U.S.C. § 2641 et seq.) [and] or those
12 established for certain occupations by the Environmental
13 Protection Agency under the National Emission Standard for
14 Hazardous Air Pollutants (40 CFR Part 41). These regulations
15 shall include, but not be limited to:
16 (1) The characteristics and uses of asbestos and the
17 potential health effects of exposure to asbestos.
18 (2) Federal, State and local standards relating to
19 asbestos abatement work practices.
20 (3) Methods to protect personal and public health from
21 asbestos hazards.
22 (4) Air monitoring.
23 (5) Safe and proper asbestos abatement techniques.
24 (6) Proper disposal of waste containing asbestos.
25 (b) Training courses.--
26 (1) In accordance with the criteria and qualifications
27 established by the department under subsection (a), the
28 department shall annually accredit training courses that
29 satisfy initial and renewal training requirements for
30 certification for asbestos occupations.
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1 (2) In addition to the other requirements of this
2 section, any person providing a training course for which
3 accreditation is sought shall demonstrate to the department's
4 satisfaction his ability and proficiency to conduct the
5 training.
6 (3) Any person providing accredited asbestos occupation
7 training shall make available to the department, at no cost
8 to the department and at such times as the department may
9 deem necessary, all course materials and records and access
10 to actual training sessions.
11 (4) The department may allow the use of training courses
12 offered in other states or jurisdictions to satisfy the
13 Pennsylvania training requirements, if the department finds
14 that the training received in the other states or
15 jurisdiction meet the requirement for training courses under
16 this act and the regulations promulgated under this act.
17 (5) All training courses approved by the Environmental
18 Protection Agency on the effective date of this act shall be
19 deemed to be accredited under this section. However, nothing
20 in this section shall prohibit the department from requiring
21 any training provider to comply with its renewal requirements
22 in order to have its accreditation renewed.
23 (6) Upon the effective date of this act, the
24 requirements of the Environmental Protection Agency's Model
25 Accreditation Program contained in 40 CFR Part 763, Subpart
26 E, Appendix C, establishing the Federal requirements for
27 certification of training courses are adopted as the initial
28 interim standards under this act. These interim accreditation
29 requirements shall remain in effect until the department
30 promulgates regulations under subsection (a).
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1 (7) All training course providers must notify the
2 department of their intention to commence a training course
3 at least five days prior to the start of the training course.
4 The notification must be in the form or manner prescribed by
5 the department.
6 Section 5. Certification standards and procedures.
7 (a) Regulation of the department.--The department shall
8 establish by regulation standards and procedures for the
9 certification of persons involved in asbestos occupations. Such
10 standards and procedures shall be at least as stringent, and as
11 consistent as possible, as those established by the
12 Environmental Protection Agency under the Asbestos Hazard
13 Emergency Response Act of 1986 (Public Law 99-519, 15 U.S.C. §
14 2641 et seq.) [and] or those established for certain occupations
15 by the Environmental Protection Agency under the National
16 Emission Standard for Hazardous Air Pollutants (40 CFR Part 41).
17 These regulations shall include, but not be limited to, the
18 following requirements:
19 (1) Successful completion of a training course on
20 Pennsylvania's laws and regulations regarding asbestos.
21 (2) Passing a written examination administered or
22 approved by the department which tests the person's knowledge
23 of Federal and Pennsylvania laws and regulations as they
24 apply to that person's asbestos occupation.
25 (b) Asbestos occupations.--Any person meeting the
26 requirements established under subsection (a) may be certified
27 by the department to perform asbestos occupations.
28 (c) Certification in another jurisdiction.--
29 (1) The department may certify for an asbestos
30 occupation any person who has been certified by another state
19970H1473B4054 - 6 -
1 or territory of the United States or any other jurisdiction
2 which has requirements at least as stringent as those
3 promulgated under subsection (a).
4 (2) The department shall, within 120 days after the
5 effective date of this act, publish in the Pennsylvania
6 Bulletin a list of those jurisdictions which meet the
7 requirements of paragraph (1) and with which reciprocity will
8 be granted. As the department adds and deletes jurisdictions,
9 it shall publish revised lists.
10 (3) Except as provided in paragraph (4), any person
11 receiving reciprocal certification under this subsection
12 shall be required to pay the appropriate fee established
13 under section 7 and shall obtain a Pennsylvania certificate.
14 (4) Any person accredited by a city of the first class
15 or a county of the second class shall be deemed to be
16 certified under this section. In addition, any person
17 certified by a city of the first class or a county of the
18 second class shall not be required to obtain a Pennsylvania
19 certification, provided that such person has been issued a
20 certificate which contains a recent photograph. If the
21 certificate issued by a city of the first class or a county
22 of the second class does not contain a photograph, the person
23 shall reimburse the department for the cost of the issuance
24 of a Pennsylvania accreditation certificate.
25 (d) Interim certification.--Until the department promulgates
26 regulations establishing a certification program under
27 subsection (a), any person who has successfully completed an
28 EPA-approved training course shall be deemed to be certified in
29 this Commonwealth upon payment of the appropriate fee under
30 section 7 and upon submission of a copy of the appropriate
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1 documentation from the EPA-approved training course. Interim
2 certification issued under this section shall be valid for a
3 one-year period.
4 (e) Interim certification requirement.--The requirements of
5 the Environmental Protection Agency's Model Accreditation
6 Program contained in 40 CFR Part 763, Subpart E, Appendix C,
7 establishing the Federal requirements for certification of
8 asbestos occupations are adopted as the initial interim
9 standards under this act. These interim certification
10 requirements shall remain in effect until the department
11 promulgates regulations under criminal penalties set forth in <--
12 section 9(d) and (e) shall apply to violations of this section.
13 SUBSECTION (A). <--
14 Section 4. The act is amended by adding a section to read:
15 Section 5.1. Asbestos abatement contractor licenses.
16 (a) Requirement.--A license is required by all contractors
17 whose primary business is asbestos abatement or who in the
18 course of doing business can reasonably expect to perform
19 asbestos abatement projects.
20 (b) Standards and procedures for licensing.--The department
21 shall establish by regulation standards and procedures for the
22 licensing of companies, corporations, partnerships and sole
23 proprietors who engage in the business of asbestos abatement.
24 These regulations shall include, but not be limited to, the
25 following requirements:
26 (1) Experience in the field of asbestos abatement.
27 (2) Knowledge and ability to correctly and safely
28 organize, manage and perform an asbestos abatement project.
29 (3) Capability to perform asbestos abatement work,
30 including, but not limited to, necessary equipment, trained
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1 personnel, organizational structure, landfill availability,
2 financial stability, experience and/or training of key
3 personnel. In determining capability, the department shall
4 consider the applicant's history of fines, citations or other
5 actions taken by regulatory agencies for certification, work
6 practice and licensing violations.
7 (4) Completion of application and payment of fee.
8 (5) Employment of a person certified as an asbestos
9 contractor.
10 (c) Interim standards and procedures.--Pending promulgation
11 of regulations under subsection (b), the department may
12 establish interim standards and procedures by publishing the
13 standards and procedures in the Pennsylvania Bulletin.
14 (d) Fee.--The department by regulation shall set the license
15 fee. Upon the effective date of this section, the interim fee
16 shall be $50. This interim fee shall remain in effect until the
17 department promulgates a fee by regulation.
18 (e) Duration, renewal and transfer of license.--
19 (1) Unless the department revokes or suspends a license,
20 the license shall remain in effect for one year from the date
21 of issuance.
22 (2) An asbestos abatement contractor may apply for
23 renewal of a license in the form and manner prescribed by the
24 department.
25 (f) Suspension, revocation, etc.--The department may
26 suspend, revoke or deny any license application for the reasons
27 and in the manner set forth for accreditations and
28 certifications under section 6.
29 (g) Enforcement and penalties.--The department shall have
30 the power to enforce this section in the manner set forth for
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1 accreditations and certifications under section 9. The civil and
2 criminal penalties set forth in section 9(d) and (e) shall apply
3 to violations of this section.
4 Section 5. Sections 6, 8 and 9(a) of the act are amended to
5 read:
6 Section 6. Suspension, revocation, etc.
7 (a) Grounds.--The department may reprimand, suspend, deny or
8 revoke any accreditation or certification issued under this act
9 to any person who:
10 (1) Fraudulently or deceptively obtains or attempts to
11 obtain accreditation or certification.
12 (2) Fails at any time to meet the qualification
13 requirements of this act or any regulations adopted
14 thereunder.
15 (3) Fails to meet any applicable Federal or State
16 standard relating to asbestos abatement.
17 (4) Fails to pay the required accreditation or
18 certification fee.
19 (5) Fails to notify the department as required under
20 [section 8] sections 4 and 8.
21 (b) Enforcement proceedings.--No action under this section
22 shall preclude the department from proceeding under section 9.
23 Section 8. [Contractor notification of abatement projects]
24 Notification requirements.
25 (a) Contractor notification of abatement projects.--All
26 contractors performing an asbestos abatement project shall
27 report to the department at least five days prior to the start
28 of any asbestos abatement project on a form or manner prescribed
29 by the department. [This form] The notification shall include at
30 least the following information: name, address and certification
19970H1473B4054 - 10 -
1 verification of the contractor; name, address and political
2 subdivision of the location of the asbestos project; name and
3 mailing address of the building owner, if different than the
4 location; estimated amount of asbestos involved in the abatement
5 project; estimated completion date; and name and address of the
6 landfill where the asbestos will be sent for disposal. Nothing
7 in this section shall prohibit the department from requiring
8 additional information that is deemed necessary to develop and
9 maintain information on asbestos abatement activities within
10 this Commonwealth.
11 (b) Contractor notification of projects relating to certain
12 asbestos.--All contractors performing work on asbestos-
13 containing material not initially determined to be a friable
14 asbestos-containing material as defined under this act shall
15 notify the department at least five days prior to the start of
16 the project. The notification shall include at least the
17 following information: name and address of the contractor or
18 person performing the work; name, address and political
19 subdivision of the location of the worksite; name and address of
20 the building owner, if different from the work location; and the
21 estimated completion date of the project. The department may
22 exclude this notification requirement for projects on private
23 single-family residential units.
24 (c) Emergency projects.--In the case of an emergency
25 project, the department has the authority to waive or modify
26 notification requirements noted in subsections (a) and (b).
27 Section 9. Enforcement and penalties.
28 (a) General rule.--
29 (1) The provisions of this act shall apply to all
30 asbestos abatement projects in this Commonwealth and shall be
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1 enforced by the department, the district attorney of any
2 county or the proper enforcement officer of any municipality
3 in which an asbestos abatement project is occurring.
4 (2) A municipality [may] shall require proof of
5 certification from any person engaged in asbestos
6 [occupations] abatement within its jurisdiction. For the
7 purposes of this paragraph, the certificate issued by the
8 department or its equivalent shall constitute the required
9 proof of certification.
10 * * *
11 Section 6. This act shall take effect in 60 days.
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