A 101 sbestos EDITOR'S NOTES...

A 101 sbestos EDITOR'S NOTES...
This newsletter is on the MDE web site: http://www.mde.state.md.us/asbestos
Robert L. Ehrlich, Jr.
Lynn Y. Buhl
Acting Secretary
Air & Radiation
1800 Washington Blvd.
Baltimore, MD
Published by
The Asbestos
Accreditation &
School Assistance
Mardel Knight
(410) 537-3801
(800) 633-6101
[email protected]
FAX (410 )537-3924
(800) 735-2258
Maryland Relay
Volume IX, No . 2
March 2003
Fiscal Services has notified us that companies are not sending their funds and
applications to the lockbox. This a box that is opened by our bank and the reports of
funds received and any accompanying paperwork are forwarded to the Department
for further processing. This procedure provides security for your funds and speeds
up processing time because less handling is required. Make sure that the pages of
the application are securely fastened together. Place the check or money order at the
front of the application so it can be easily found. This is the address:
Use it!!
Department of the Environment
P.O. Box 2037
Baltimore MD 21203-2037
You will receive an acknowledgment that the funds and application have been
received within 10-14 days. If you don't receive it, please contact Ms. Sharon Manger at the numbers on the left.
I have posted revised applications to our website with the address to the lockbox.
Please download these and use them. Go to our website: www.mde.state.md.us/
asbestos and you will find the revised applications under “Asbestos Forms”. If you
cannot download these, we will send you a copy. These forms are in Word® 2000 and
in Adobe® Acrobat® format, .pdf. I suggest that you use the .pdf format unless you
are good at fixing Word® documents. (Using a printer other than the one the Word
document was created on may cause some parts to move to different pages and/or
appear differently from the original.)
You are also required to provide a copy of your workers’ compensation policy
binder number or a copy of a certificate of compliance with the Maryland Workers’
Compensation Act. (Environment Article, § 1-202) There is a space for this number
on page 1 of either application and it is in the upper left hand corner of the page. We
will not issue a license without this number.
Keep the number handy, as you will need it for
each application. This requirement also applies
to those companies located out of state. Those
entities that are self-insured will need to provide a copy of their certificate of compliance. If
you need any more information, please call the
Workman’s Compensation Commission at 410864-5100 or 800-492-0479.
When submitting corrections, please mark
them as such. Occasionally we receive the corrections that look like full application packages
and that causes much confusion as we try to enter
it as a new application! And of course, we are
looking for more money!! We only need the corrections; no other parts of the application are
In this newsletter, I have warned repeatedly
that the owners of nonpublic, nonprofit school
buildings must have management plans for the
schools that lease their spaces. This includes
owners such as state facilities, public school
systems, religious facilities, etc. In the September 2002 issue, I had described a situation
whereby the EPA was preparing a case with civil
penalties against a county government that had
not fulfilled the AHERA requirements for some
of the schools that lease space from the county.
The entity is Montgomery County Government.
(Not the public school system.)
The county was penalized $22,000, of that
sum, $18,000 was used to correct the violations
and the remaining $4,000 was paid to the EPA.
The schools in question, private schools, received Notices of Noncompliance (NON’s). Our
inspector found that a variety of violations had
occurred; some schools did not have the current
reinspections, a designated person without
proper training, no designated person, It can
happen to any of you as owners of these school
buildings. The EPA will and in this case, did
take action against the schools and the owner.
Remember that these schools have to comply
with all the requirements of AHERA just like
the any other public or private school.
Again, I have been asked about preschools. In
Maryland, preschool means nursery and kindergarten levels and these are covered by AHERA.
The AHERA regulations direct a state to look at
its definition of elementary and secondary education, which in Maryland is preschool through
12th grade. Nowhere in the AHERA regulations is there a mention of K-12 grade levels!
The first part was contributed by Lorraine
Anderson, Division Chief of the Asbestos Licensing and Enforcement Division.
Part 1.—It has come to my attention that questions have been raised concerning notification
requirements. This should help clarify things.
There are two types of notifications, one for
NESHAP jobs, and one for non-NESHAP jobs,
or state only jobs.
For NESHAP notifications, the notification
should be postmarked at least 10 working days
before the project begins and should be sent to
EPA Region 3 and to this Department. A good
rule of thumb for any revisions to a notification
is to call in the change as soon as possible and
then follow up with the written notification. It
would make it easier for us if you would highlight the changes that you make. When you revise the start date, you still need to notify us at
least 10 working days before the project begins.
For non-NESHAP notifications, the notification has to be provided to the Department be-
fore the job begins. These notifications do not
have to be sent to EPA Region 3.
will need to print each separately as there is no
way to give a command to print all at one time.
A s always, if you have any specific questions
concerning notifications, I can be reached at
(410) 537-3200.
For the NESHAP you can go to the federal
website, http://www.access.gpo.gov/nara/cfr/cfrretrieve.html. Choose "retrieve CFR sections by
citation". The title is 40, part is 61, subpart is M
and select PDf for type of file. OR I can mail
you a copy that I downloaded. All you need is
Adobe® Acrobat® Reader™ to open it and then
print it out.
Part 2— Recordkeeping is very important and
failure to maintain records can be an expensive
proposition. An asbestos abatement company in
M assachusetts was fined (subject to appeal)
$44,000 for failure to maintain accurate records
of its employees' exposure to asbestos. It is alleged that the company failed to accurately
record or keep measurements of employees' exposure during an asbestos job in 2002. As a result of these allegations, OSHA cited the company for an alleged willful violation, the most
severe category of OSHA citation.
An additional $6,900 in penalties was proposed
for these alleged serious violations. These included failure to calibrate pumps, missing or
incomplete records of respirator use, and failure
to monitor employees who were cleaning equipment. Full details can be found at www.osha.gov
and click on "What's New". (Entry for 3/5/03.)
Part 3.—If you want copies of the regulations,
we can mail these to you or you can get them
for yourself. No faxes. For the COMAR regulations, go to the website for the Division of State
Documents. This is www.dsd.state.md.us. At the
home page, click on the "COMAR On-line" button that is on the left hand side of the page.
Choose option no. 1 and type 26.11.21* for the
asbestos licensing regulations or 26.11.23* for
the training regulations. Click on the search option and all the regulations in each chapter will
be shown. You will need to print each separately.
COMAR 26.11.21 has 13 regulations, .01-.13
and COMAR 26.11.23 has 15 regulations, .01.15. Be sure to use the asterisk because this will
bring up all the regulations in each chapter. You
I am sorry that I have to relay the sad news
that Kent Steinruck died on March 6 in Richmond. Many of us knew him personally and professionally because he worked for the State of
Virginia and was part of the approval process
for training providers and licensing of individuals in Virginia. He was also part of our regional
consortium, MAREC. At the time of his death,
he was working for a consulting and training firm
in Virginia. I do have his wife Rose's address if
anyone wants it.
The next meeting is scheduled for Thursday,
September 11, 2003 here at MDE. The room is
booked, cookies ordered, and my cell phone’s
ringer is on! If you can, please bring the person
who is responsible for record keeping and preparing the Form 265s for submittal to MDE.
The status of the bills in the Maryland State
Legislature that I mentioned at the meeting has
changed. The indoor air quality bill has been
withdrawn for more study and that means it will
probably be back next year. The bill on the tax
status verification is in the house (HB 936 or
SB 656) now for further action and the bill for
charter schools (HB 11) has been withdrawn.
Charter schools may be started in some coun-
ties because technically there is no law against
this action. Frederick County has rules in place
to do this. The charter schools are required to
comply with the AHERA requirements. If the
charter schools lease space from a county school
system, then the school system will also be responsible for a management plan, etc.
The revised instructions for preparation of
management plans is on our website. Please use
these in your inspector and management planner classes. There are a few requirements for
Maryland that are not mentioned in the federal
rules such as providing a diagram drawn to scale
of homogeneous areas and location of sampling
sites, using our forms for any “new” management plans, etc.
Our school inspector recently visited a school
that appeared to have “appearing” and “disappearing” thermal insulation. The reinspections
in the school were up to date, but the materials
were mentioned in a reinspection, but not in the
next one and were there in the next reinspection! Magic! No, it is rather failure of the inspector and management planner hired by the
school to pay close attention to the materials in
the facility and to investigate what happened to
materials that are missing on a subsequent reinspection. Management plans have an inventory
of the materials in the buildings, conditions of
same, and any response actions needed or taken.
Obviously if materials are off the inventory they
were removed and records need to be produced.
For the supervisor, project designer, inspector
and management planner classes; please place
emphasis on the record keeping that AHERA
requires. The items are listed in the AHERA
regulations at 40 CFR Part §763.93 (b-h) and
on our Required Elements Checklist that is on
the website under “Asbestos Forms”. The record
keeping requirements are very, very detailed. The
contractor needs to maintain certain records and
the designated person needs to make sure that
these records are part of any contract for work
and that copies become part of the management
Many schools and designated persons have
forgotten that EPA interprets the response action schedule in the management plan as the
compliance plan for the school’s asbestos activities. The EPA could take action based on
failing to meet the schedule, especially if there
are problems in the buildings. The schedule for
response actions may be changed, but this needs
to be noted in the management plan.
I have extended the deadline for training providers to submit additional information for the
training providers’ list. You may add a web site
address, an email address, and a fax number. You
will have until Monday, April 7, 2003 to email
the information to me. Please check the list on
the website and make sure that any entries there
are correct e.g. you moved and forgot to tell us!
If you do move, you will not receive new approval certificates until your next renewal. The
system is not set up so that we can do this.
On the Form 265, Certification Form for Training Providers, please provide the address of the
training class, even if it is at headquarters. Do
not put the names of persons on the form who
did not receive a photo id card.
(These classes are for state employees only.)
April 2003
May 2003
B. Inspector I
Auto Worker
20-21 Management
Planner I
Worker R
Supervisor R
22-25 Worker I
June 2003
Supervisor r
If you must cancel,
call Janice Lafon at
(410) 537-3801 or
(800) 633-6101, -3801
[email protected]
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