CHAPTER 74:31:01
GENERAL PROVISIONS
Section
74:31:01:01 Definitions.
74:31:01:01.01 Facility defined.
74:31:01:01.02 Friable asbestos-containing material (ACM) defined -- Verification of small quantity.
74:31:01:01.03 Friable asbestos-containing building material (ACBM) defined.
74:31:01:01.04 Inspection defined.
74:31:01:01.05 Major and minor fiber release episode defined.
74:31:01:01.06 Response action defined.
74:31:01:01.07 Small-scale, short-duration activities defined.
74:31:01:02 Demolition, transportation, and disposal of asbestos waste.
74:31:01:03 Certificate availability.
74:31:01:04 Reciprocity.
74:31:01:05 Supervision requirements for asbestos abatement projects.
74:31:01:01. Definitions. Terms used in this article mean:
(1) "Abatement project designer," a person who develops the plans for an asbestos abatement project;
(2) "Asbestos," the asbestiform varieties of serpentine (chrysotile), riebeckite (crocidolite), cummungtonite-grunerite (amosite), anthophyllite, actinolite, and tremolite;
(3) "Asbestos abatement contractor," a person who contracts to perform an asbestos abatement project;
(4) "Asbestos abatement project," 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 friable asbestos-containing material with the potential of releasing asbestos fibers into the air or environment;
(5) "Asbestos abatement supervisor," a person who provides supervision and direction to workers engaged in an asbestos abatement project, including individuals with the position title of foreman, working foreman, or leadman pursuant to collective bargaining agreements;
(6) "Asbestos abatement worker," an employee or agent of a contractor or a facility owner or operator who is engaged in the abatement of asbestos or who performs a task involving more than small-scale, short-duration activities;
(7) "Asbestos-containing material," "ACM," material containing more than one percent asbestos by area;
(8) "Asbestos contractor," a person who undertakes an asbestos project, including making inspections for asbestos-containing materials, preparing an asbestos management plan, or designing or carrying out an asbestos project;
(9) "Asbestos Hazard Emergency Response Act of 1986," "AHERA," title II of the Toxic Substances Control Act as in existence on July 1, 1994;
(10) "Category I nonfriable asbestos-containing material (ACM)," asbestos-containing packings, gaskets, resilient floor covering, and asphalt roofing products containing more than one percent asbestos as determined using the method specified in Appendix A, Subpart F, 40 C.F.R. Part 763, Section 1, Polarized Light Microscopy (July 1, 1993);
(11) "Category II nonfriable ACM," any material, excluding Category I nonfriable ACM, containing more than one percent asbestos as determined using the methods specified in Appendix A, Subpart F, 40 C.F.R. Part 763, Section 1, Polarized Light Microscopy (July 1, 1993), that, when dry, cannot be crumbled, pulverized, or reduced to powder by hand pressure;
(12) "Certificate," a document issued by the department to an individual who has shown proof of successful completion of the required training course or courses;
(13) "Day of training," a day of training which equals eight hours including breaks and lunch;
(14) "Decision tree," a methodical procedure for assessing existing or potential hazards posed by asbestos-containing materials;
(15) "Department," the South Dakota Department of Agriculture and Natural Resources;
(16) "Diploma," a document verifying the successful completion of a particular training course;
(17) "EPA," the United States Environmental Protection Agency;
(18) "Facility," transferred to § 74:31:01:01.01;
(19) "HEPA," a high-efficiency particulate air filter; a filter capable of trapping and retaining at least 99.97 percent of all monodispersed particles of 0.3 micrometers in diameter or larger;
(20) "HVAC," heat, ventilation, and air conditioning;
(21) "Inspector," a person who performs inspections as defined in § 74:31:01:01.04;
(22) Management planner," a person who develops facility plans for the management of asbestos-containing materials in accordance with AHERA;
(23) "Nonfriable asbestos-containing material," any material containing more than one percent asbestos as determined using the method specified in Appendix A, Subpart F, 40 C.F.R. Part 763, Section 1, Polarized Light Microscopy (July 1, 1993), that, when dry, cannot be crumbled, pulverized, or reduced to powder by hand pressure;
(24) "O&M," operations and maintenance;
(25) "OSHA," the Occupational Safety and Health Administration of the United States Department of Labor;
(26) "Person," an individual, corporation, partnership, firm, association, trust, estate, public or private institution, group, agency, political subdivision or state agency or any legal successor, representative, agent, or agency of the entities listed in this subdivision;
(27) "Small-scale, short-duration activities (SSSD)," transferred to § 74:31:01:01.07.
Source: 14 SDR 164, effective June 5, 1988; 18 SDR 95, effective December 2, 1991; 21 SDR 101, effective December 4, 1994; SL 2021, ch 1, §§ 8, 19, effective April 19, 2021.
General Authority: SDCL 34-44-3, 34-44-4, 34-44-19.
Law Implemented: SDCL 34-44-3, 34-44-4, 34-44-19.
74:31:01:01.01. Facility defined. A facility is any institutional, commercial, public, industrial, or residential structure, installation, or building (including any structure, installation, or building containing condominiums or individual dwelling units operated as a residential cooperative, but excluding residential buildings having four or fewer dwelling units); any ship; and any active or inactive waste disposal site. For purposes of this definition, any building structure, installation that contains a loft used as a dwelling is not considered a residential structure, installation, or building. Any structure, installation, or building that was previously subject to this chapter is not excluded, regardless of its current use or function.
Source: 14 SDR 164, effective June 5, 1988, transferred from § 74:31:01:01(18), 18 SDR 95, effective December 2, 1991.
General Authority: SDCL 34-44-3, 34-44-4, 34-44-19.
Law Implemented: SDCL 34-44-3, 34-44-4, 34-44-19.
74:31:01:01.02. Friable asbestos-containing material (ACM) defined -- Verification of small quantity. Friable asbestos-containing material is any material containing more than one percent asbestos as determined using the method specified in Appendix A, Subpart F, 40 C.F.R. Part 763 Section 1, Polarized Light Microscopy (July 1, 1993), which has been applied on ceilings, walls, structural members, piping, duct work, or any other part of a building and which, when dry, can be crumbled, pulverized, or reduced to powder by hand pressure. The term includes previously nonfriable asbestos-containing material after it becomes damaged to the extent that when dry it may be crumbled, pulverized, or reduced to powder by hand pressure. If the asbestos content is less than 10 percent as determined by a method other than point counting by polarized light microscopy (PLM), the asbestos content shall be verified by point counting using PLM.
Source: 18 SDR 95, effective December 2, 1991; 21 SDR 101, effective December 4, 1994.
General Authority: SDCL 34-44-3, 34-44-4, 34-44-19.
Law Implemented: SDCL 34-44-3, 34-44-4, 34-44-19.
74:31:01:01.03. Friable asbestos-containing building material (ACBM) defined. Friable asbestos-containing building material is any friable asbestos-containing material that is in or on interior structural members or other parts of a school, public, or commercial building.
Source: 21 SDR 101, effective December 4, 1994.
General Authority: SDCL 34-44-3, 34-44-4, 34-44-19.
Law Implemented: SDCL 34-44-3, 34-44-4, 34-44-19.
74:31:01:01.04. Inspection defined. An inspection is an activity undertaken in a school building or in a public or commercial building to determine the presence or location of or to assess the condition of friable or nonfriable asbestos-containing building material (ACBM) or suspected ACBM, whether by visual or physical examination or by collecting samples of the material. This term includes reinspection of friable and nonfriable known or assumed ACBM which has been previously identified. The term does not include periodic surveillance done in accordance with AHERA, visual inspections to determine completion of response actions in accordance with AHERA, or inspections performed by employees or agents of federal, state, or local government solely for the purpose of determining compliance with applicable statutes or regulations.
Source: 21 SDR 101, effective December 4, 1994.
General Authority: SDCL 34-44-3, 34-44-4, 34-44-19.
Law Implemented: SDCL 34-44-3, 34-44-4, 34-44-19.
74:31:01:01.05. Major and minor fiber release episode defined. A major fiber release episode is any uncontrolled or unintentional disturbance of ACBM resulting in a visible emission which involves the falling or dislodging of more than three square or linear feet of friable ACBM. A minor fiber release is the uncontrolled or unintentional disturbance of ACBM resulting in a visible emission which involves the falling or dislodging of three square or linear feet or less of friable ACBM.
Source: 21 SDR 101, effective December 4, 1994.
General Authority: SDCL 34-44-3, 34-44-4, 34-44-19.
Law Implemented: SDCL 34-44-3, 34-44-4, 34-44-19.
74:31:01:01.06. Response action defined A response action is a method, including removal, encapsulation, enclosure, repair, and operation and maintenance, that protects human health and the environment from friable ACBM.
Source: 21 SDR 101, effective December 4, 1994.
General Authority: SDCL 34-44-3, 34-44-4, 34-44-19.
Law Implemented: SDCL 34-44-3, 34-44-4, 34-44-19.
74:31:01:01.07. Small-scale, short-duration activities defined. Small-scale, short-duration activities (SSSD) are tasks such as removal of asbestos-containing pipe insulation; removal of asbestos-containing insulation on beams or above ceilings; replacement of an asbestos-containing gasket on a valve; installation or removal of a small section of drywall; installation of electrical conduits through or proximate to ACM; and repairs to asbestos-containing thermal systems insulation or drywall. SSSD activities include removal of asbestos-containing thermal systems insulation that results in the production of an amount of ACM that can be contained in a single glove bag or a repair involving encapsulation, enclosure, or removal of small amounts of friable ACM that can be contained in a single prefabricated minienclosure, that was required in the performance of an emergency or routine maintenance activity and that was not intended solely as asbestos abatement. A minienclosure must conform spatially and geometrically to the localized work area in order to perform its intended work function.
Source: 14 SDR 164, effective June 5, 1988, transferred from § 74:31:01:01(27), 21 SDR 101, effective December 4, 1994.
General Authority: SDCL 34-44-3, 34-44-4, 34-44-19.
Law Implemented: SDCL 34-44-3, 34-44-4, 34-44-19.
74:31:01:02. Demolition, transportation, and disposal of asbestos waste. An asbestos contractor carrying out an asbestos project must comply with the standards for safe demotion, renovation, transportation, and disposal of asbestos in accordance with 40 C.F.R. § 61, Subpart M (July 1, 1993), chapter 74:36:08.
Source: 14 SDR 164, effective June 5, 1988; 18 SDR 95, effective December 2, 1991; 21 SDR 101, effective December 4, 1994.
General Authority: SDCL 34-44-3.
Law Implemented: SDCL 34-44-6.
74:31:01:03. Certificate availability. Certified persons must have copies of their current certificates issued by the department at the location where they are conducting work.
Source: 14 SDR 164, effective June 5, 1988; 18 SDR 95, effective December 2, 1991.
General Authority: SDCL 34-44-11, 34-44-31.
Law Implemented: SDCL 34-44-31.
74:31:01:04. Reciprocity. Training provided in another state will satisfy South Dakota's training requirements if the course is fully approved by EPA under AHERA. Individuals wishing to be certified and training providers wishing to receive approval must provide proof of full EPA approval.
Source: 14 SDR 164, effective June 5, 1988.
General Authority: SDCL 34-44-26.
Law Implemented: SDCL 34-44-26.
74:31:01:05. Supervision requirements for asbestos abatement projects. At least one certified contractor or supervisor is required to be present at the worksite of an asbestos abatement project at all times while work is in progress.
Source: 14 SDR 164, effective June 5, 1988.
General Authority: SDCL 34-44-3.
Law Implemented: SDCL 34-44-3, 34-44-9.
CHAPTER 74:31:02
CERTIFICATION
Section
74:31:02:01 Levels of responsibility.
74:31:02:02 Certification requirements.
74:31:02:03 Certification exemptions.
74:31:02:04 Application procedures for certification -- Inspectors, management planners, and abatement project designers.
74:31:02:05 Application procedures for certification -- Asbestos abatement contractors and supervisors.
74:31:02:06 Application procedures for certification -- Asbestos abatement workers.
74:31:02:07 Length of certification.
74:31:02:08 Certification renewal.
74:31:02:09 Certification fees.
74:31:02:01. Levels of responsibility. The levels of responsibility or disciplines of persons who work with asbestos abatement projects are as follows:
(1) Inspector;
(2) Management planner;
(3) Abatement project designer;
(4) Asbestos abatement supervisor or contractor; and
(5) Asbestos abatement worker.
Source: 14 SDR 164, effective June 5, 1988; 18 SDR 95, effective December 2, 1991.
General Authority: SDCL 34-44-3, 34-44-4.
Law Implemented: SDCL 34-44-3, 34-44-4.
74:31:02:02. Certification requirements. The following are specific certification requirements for each discipline:
(1) Inspectors must complete a three-day training course as outlined in chapter 74:31:03;
(2) Management planners must complete the inspection training course and a two-day management planner training course as outlined in chapter 74:31:03;
(3) Abatement project designers must complete the three-day abatement project designer training course as outlined in chapter 74:31:03;
(4) Asbestos abatement contractors or supervisors must complete a five-day training course as outlined in chapter 74:31:03;
(5) Asbestos abatement workers must complete at least a four-day training course as outlined in chapter 74:31:03.
Source: 14 SDR 164, effective June 5, 1988; 21 SDR 101, effective December 4, 1994.
General Authority: SDCL 34-44-3.
Law Implemented: SDCL 34-44-3, 34-44-4, 34-44-10.
Cross-Reference: Examination requirements, § 74:31:05:02.
74:31:02:03. Certification exemptions. In addition to persons exempted under SDCL 34-44-33, persons working on small-scale, short-duration activities are exempt from the certification and training requirements of this article.
Source: 14 SDR 164, effective June 5, 1988; 18 SDR 95, effective December 2, 1991; 21 SDR 101, effective December 4, 1994.
General Authority: SDCL 34-44-3, 34-44-4.
Law Implemented: SDCL 34-44-3, 34-44-4, 34-44-33.
74:31:02:04. Application procedures for certification -- Inspectors, management planners, and abatement project designers. To apply for certification as an inspector, management planner, or abatement project designer, the following information must be submitted to the department:
(1) The applicant's full name, social security number, occupation, name of business, address, and phone number;
(2) The discipline for which the applicant wishes certification;
(3) A copy of the training course diploma;
(4) Documentation that a passing score was received on the examination, if not included on the course diploma;
(5) A signed statement that the applicant has read, understands, and will comply with the applicable state and federal rules on asbestos.
The application must be specific to one individual, but may include a request by that individual to be certified in more than one discipline.
Source: 14 SDR 164, effective June 5, 1988.
General Authority: SDCL 34-44-3, 34-44-11.
Law Implemented: SDCL 34-44-10, 34-44-11.
74:31:02:05. Application procedures for certification -- Asbestos abatement contractors and supervisors. To apply for certification as an asbestos abatement contractor or supervisor, the following information must be submitted to the department:
(1) The applicant's full name, social security number, occupation, name of business, address, and phone number;
(2) The discipline for which the applicant wishes certification;
(3) A copy of the training course diploma;
(4) Documentation that a passing score was received on the examination, if not included on the course diploma;
(5) Documentation that demonstrates that each of the applicant's employees who works on or is directly responsible for an asbestos abatement project is certified under this article;
(6) A signed statement that the applicant has read, understands, and will comply with the applicable state and federal rules on asbestos.
The application must be specific to one individual, but may include a request by that individual to be certified in more than one discipline.
Source: 14 SDR 164, effective June 5, 1988.
General Authority: SDCL 34-44-3, 34-44-11.
Law Implemented: SDCL 34-44-10, 34-44-11.
74:31:02:06. Application procedures for certification -- Asbestos abatement workers. To apply for certification as an asbestos abatement worker, the following information must be submitted to the department:
(1) The applicant's full name, social security number, occupation, employer, address, and phone number;
(2) The discipline for which the applicant wishes certification;
(3) A copy of the training course diploma;
(4) Documentation that a passing score was received on the examination, if not included on the course diploma;
(5) A signed statement that the applicant has read, understands, and will comply with the applicable state and federal rules on asbestos.
The application must be specific to one individual, but may include a request by that individual to be certified in more than one discipline.
Source: 14 SDR 164, effective June 5, 1988.
General Authority: SDCL 34-44-3, 34-44-16.
Law Implemented: SDCL 34-44-14, 34-44-16.
74:31:02:07. Length of certification. Certification
expires one year and one day after a person successfully completes the
examination. A person who successfully completes a refresher course within 90
days prior to or 90 days after the certificate's expiration date and applies
for recertification within this 180-day time frame shall have the certification
extended an additional year.
Source:
14 SDR 164, effective June 5, 1988; 16 SDR 88, effective November 14, 1989; 18
SDR 95, effective December 2, 1991; 35 SDR 88, effective October 27, 2008.
General
Authority: SDCL 34-44-3, 34-44-11, 34-44-16.
Law
Implemented: SDCL 34-44-11, 34-44-16.
74:31:02:08. Certification renewal. For recertification, an applicant must submit the information outlined in § 74:31:02:04, 74:31:02:05, or 74:31:02:06, as applicable, as well as a copy of the most recent certificate issued to the applicant by the department. The applicant must show proof of attendance at the annual refresher course required for the applicant's discipline or disciplines in accordance with § 74:31:02:07 and that the applicant has passed the required examination for the discipline every third year. If the applicant has not attended the refresher course within this time limit, the applicant must successfully complete the initial training course again.
Source: 14 SDR 164, effective June 5, 1988; 16 SDR 88, effective November 14, 1989; 18 SDR 95, effective December 2, 1991.
General Authority: SDCL 34-44-3, 34-44-11, 34-44-16.
Law Implemented: SDCL 34-44-11, 34-44-15, 34-44-16.
Cross-Reference: Examination requirements, § 74:31:05:02.
74:31:02:09. Certification fees. The fee for each new application for certification is $100. The fee for each application for certification renewal is $50. Supervisors and employees of the state, counties, municipalities, and other political subdivisions are exempt from any certification fees required by this article while performing official duties.
Source: 14 SDR 164, effective June 5, 1988.
General Authority: SDCL 34-44-3, 34-44-27.
Law Implemented: SDCL 34-44-27.
CHAPTER 74:31:03
INITIAL TRAINING COURSES
Section
74:31:03:01 Inspector training course requirements.
74:31:03:02 Management planner training course requirements.
74:31:03:03 Abatement project designer training course requirements.
74:31:03:04 Asbestos abatement contractor and supervisor training course requirements.
74:31:03:05 Asbestos abatement worker training course requirements.
74:31:03:01. Inspector training course requirements. The inspector training course must be at least three days long and must include lectures, demonstrations, four hours of hands-on training, individual respirator fit testing, course review, and a written examination. The following topics must be included:
(1) Background information on asbestos:
(a) Identification of asbestos;
(b) Examples and discussion of the uses and locations of asbestos in buildings;
(c) Physical appearance of asbestos;
(2) Potential health effects related to asbestos exposure:
(a) The nature of asbestos-related diseases;
(b) Routes of exposure;
(c) Dose-response relationships and the lack of a safe exposure level;
(d) The synergistic effect between cigarette smoking and asbestos exposure;
(e) The latency period for asbestos-related diseases;
(f) A discussion of the relationship of asbestos exposure to asbestosis, lung cancer, mesothelioma, and cancer of other organs;
(3) Functions, qualifications, and role of inspectors:
(a) Discussions of the functions of an accredited inspector as compared to those of an accredited management planner;
(b) Discussion of inspection process, including inventory of ACM and physical assessment;
(4) Legal liabilities and defenses:
(a) Responsibilities of the inspector and management planner;
(b) A discussion of comprehensive general liability policies, claims-made and occurrence policies, and environmental and pollution liability policy clauses;
(c) State liability insurance requirements;
(d) Bonding and the relationship of insurance availability to bond availability;
(5) Understanding building systems:
(a) The interrelationship between building systems, including the following:
(i) An overview of common building physical plan layout;
(ii)Heat, ventilation, and air conditioning (HVAC) system types;
(iii) Physical organization;
(iv) Where asbestos is found on HVAC components;
(b) Building mechanical systems:
(i) Types and organization;
(ii)Where to look for asbestos on such systems;
(c) Inspecting electrical systems, including the following:
(i) Appropriate safety precautions;
(ii)Reading blueprints and as-built drawings;
(6) Public, employee, and building occupant relations:
(a) Notifying employee organizations about the inspection;
(b) Posting signs to warn building occupants;
(c) Dealing with occupants and the press;
(d) Scheduling inspections to minimize disruption;
(e) Education of building occupants about actions being taken;
(7) Preinspection planning and review of previous inspection records:
(a) Scheduling the inspection and obtaining access;
(b) Building record review;
(c) Identification of probable homogeneous areas from blueprints or as-built drawings;
(d) Consultation with maintenance or building personnel;
(e) Review of previous inspection, sampling, and abatement records of a building;
(f) The role of the inspector in exclusions for previously performed inspections;
(8) Inspecting for friable and nonfriable asbestos-containing material and assessing the condition of friable ACM:
(a) Procedures to follow in conducting visual inspections for friable and nonfriable ACM;
(b) Types of building materials that may contain asbestos;
(c) Touching materials to determine friability;
(d) Open return air plenums and their importance in HVAC systems;
(e) Assessing damage, significant damage, potential damage, and potential significant damage:
(i) Amount of suspected ACM, both in total quantity and as a percentage of the total area;
(ii)Type of damage;
(iii) Accessibility;
(iv) Material's potential for disturbance;
(v) Known or suspected causes of damage or significant damage;
(vi) Deterioration as an assessment factor;
(9) Bulk sampling and documentation of asbestos in schools:
(a) Detailed discussion of the EPA booklet "Asbestos in Buildings: Simplified Sampling Scheme for Friable Surfacing Materials";
(b) Techniques to ensure sampling in a randomly distributed manner for other than friable surfacing materials;
(c) Sampling of nonfriable materials;
(d) Techniques for bulk sampling;
(e) Sampling equipment the inspector should use;
(f) Patching or repair of damage done in sampling;
(g) An inspector's repair kit;
(h) Discussion of polarized light microscopy;
(i) Choosing an accredited laboratory to analyze bulk samples;
(j) Quality control and quality assurance procedures;
(10) Inspector respiratory protection and personal protective equipment:
(a) Classes and characteristics of respirators;
(b) Limitations of respirators;
(c) Selection, inspection, donning, use, maintenance, and storage procedures for respirators;
(d) Methods for field testing of the facepiece-to-face seal (positive and negative pressure fitting tests);
(e) Qualitative and quantitative fit testing procedures (hands-on-training);
(f) Variability between field and laboratory protection factors;
(g) Factors that alter respirator fit, for example, facial hair;
(h) The components of a respiratory protection program;
(i) Selection and use of personal protective clothing;
(j) Use, storage, and handling of nondisposable clothing;
(k) Regulations found in subdivision (12) of this section covering personal protective equipment;
(11) Record keeping and writing the inspection report:
(a) Labeling of samples and keying sample identification to sampling location;
(b) Recommendations on sample labeling;
(c) Detailing of ACM inventory;
(d) Photographs of selected sampling areas and examples of ACM condition;
(e) Information required for inclusion in the management plan by AHERA, § 203(i)(1);
(12) Regulatory review:
(a) EPA worker protection rule in 40 C.F.R. § 763, Subpart G (July 1, 1990);
(b) AHERA;
(c) OSHA asbestos construction standard in 29 C.F.R. § 1926.58 (July 1, 1993) as amended by 59 Fed. Reg. 40,964 to 41,162, inclusive (August 10, 1994);
(d) OSHA respirator requirements in 29 C.F.R. § 1910.134 (July 1, 1993) as amended by 59 Fed. Reg. 40,964 to 41,162, inclusive (August 10, 1994);
(e) Friable asbestos-containing materials in schools rule in 40 C.F.R. § 763, Subpart F (July 1, 1993);
(f) Applicable rules in chapter 74:36:08 and local regulations;
(g) Difference in federal and state requirements where they apply and the effects, if any, on public and nonpublic schools;
(13) Field trip:
(a) A hands-on field exercise including:
(i) A walk-through inspection;
(ii)On-site discussion on information gathering and determination of sampling locations;
(iii) On-site practice in physical assessment;
(b) Classroom discussion of field exercise;
(14) Course review -- a review of key aspects of the training course.
Source: 14 SDR 164, effective June 5, 1988; 18 SDR 95, effective December 2, 1991; 21 SDR 101, effective December 4, 1994.
General Authority: SDCL 34-44-3, 34-44-19.
Law Implemented: SDCL 34-44-3, 34-44-4, 34-44-20, 34-44-21.
Reference: "Asbestos in Buildings: Simplified Sampling Scheme for Friable Surfacing Materials," U. S. Environmental Protection Agency, EPA 560/5-85-030a, October, 1985. Copies may be obtained by writing the U. S. EPA TSCA Assistance Office, TS-799, 401 M Street, S.W., Washington, D.C. 20460; free.
74:31:03:02. Management planner training course requirements. The management planner training course must be at least two days long and must include lectures, demonstrations, course review, and a written examination. The following topics must be included:
(1) Course overview:
(a) The role of the management planner;
(b) Operations and maintenance programs;
(c) Setting work priorities;
(d) Protection of building occupants;
(2) Evaluation and interpretation of survey results:
(a) Review of AHERA requirements for inspection and management plans as given in § 203(i)(1);
(b) Summarized field data and laboratory results;
(c) Comparison between field inspector's data sheet with laboratory results and site survey;
(3) Hazard assessment:
(a) Amplification of the difference between physical assessment and hazard assessment;
(b) The role of the management planner in hazard assessment;
(c) Explanation of significant damage, potential damage, and potential significant damage;
(d) Use of a description or decision tree code for assessment of ACM;
(e) Assessment of friable ACM;
(f) Relationship of accessibility, vibration sources, use of adjoining space, air plenums, and other factors to hazard assessment;
(4) Legal implications:
(a) Liability;
(b) Insurance issues specific to planners;
(c) Liabilities associated with interim control measures, in-house maintenance, repair, and removal;
(d) Use of results from previously performed inspections;
(5) Evaluation and selection of control options;
(a) Overview of encapsulation, enclosure, interim operations and maintenance, and removal and the advantages and disadvantages of each method;
(b) Response actions described by a decision tree or other EPA-approved method;
(c) Work practices for each response action;
(d) Staging and prioritizing of work in both vacant and occupied buildings;
(e) The need for containment barriers and decontamination in response actions;
(6) Role of other professionals:
(a) Use of industrial hygienists, engineers, and architects in developing technical specifications for response actions;
(b) Any requirements that may exist for sign-off of plans by an architect;
(c) Team approach to design of high-quality job specifications;
(7) Developing an operations and maintenance (O&M) plan:
(a) Purpose of the plan;
(b) What actions should be taken by custodial staff:
(i) Cleaning procedures -- steam cleaning and high efficiency particulate aerosol (HEPA) vacuuming;
(ii)Reducing disturbance of ACM;
(iii) Scheduling O&M for off-hours;
(iv) Rescheduling or canceling renovation in areas with ACM;
(v) Boiler room maintenance;
(vi) Disposal of ACM;
(c) In-house procedures for ACM:
(i) Bridging and penetrating encapsulants;
(ii)Pipe fittings, metal sleeves;
(iii) Polyvinyl chloride, canvas, and wet wraps;
(iv) Muslin with straps;
(v) Fiber mesh cloth;
(vi) Mineral wool and insulating cement;
(d) Discussion of employee protection programs and staff training;
(e) Case study in developing an O&M plan -- development, implementation process, and problems that have been experienced;
(8) Regulatory review focusing on:
(a) OSHA asbestos construction standard in 29 C.F.R. § 1926.58 (July 1, 1993) as amended by 59 Fed. Reg. 40,964 to 41,162, inclusive (August 10, 1994);
(b) National emission standard for hazardous air pollutants in 40 C.F.R. § 61, Subparts A (general provisions) and M (national emission standard for asbestos) (July 1, 1993);
(9) Record keeping for the management planner:
(a) Use of field inspector's data sheet along with laboratory results;
(b) Ongoing record keeping as a means to track asbestos disturbance;
(c) Procedures for record keeping;
(10) Assembling and submitting the management plan:
(a) Plan requirements in AHERA, § 203(i)(1);
(b) The management plan as a planning tool;
(11) Financing abatement actions:
(a) Economic analysis and cost estimates:
(i) Development of cost estimates;
(ii)Present costs of abatement versus future operations and maintenance costs;
(12) Course review -- a review of key aspects of the training course.
Source: 14 SDR 164, effective June 5, 1988; 15 SDR 50, effective October 3, 1988; 18 SDR 95, effective December 2, 1991; 21 SDR 101, effective December 4, 1994.
General Authority: SDCL 34-44-3, 34-44-19.
Law Implemented: SDCL 34-44-3, 34-44-4, 34-44-20, 34-44-21.
74:31:03:03. Abatement project designer training course requirements. The abatement project designer training course must be at least three days long and must include lectures, demonstrations, a field trip, course review, and a written examination. The following topics must be included:
(1) Background information on asbestos:
(a) Identification of asbestos;
(b) Examples and discussions of the uses and locations of asbestos in buildings;
(c) Physical appearance of asbestos;
(2) Potential health effects related to asbestos exposure:
(a) The nature of asbestos-related diseases;
(b) Routes of exposure;
(c) Dose-response relationships and the lack of a safe exposure level;
(d) The synergistic effect between cigarette smoking and asbestos exposure;
(e) The latency period of asbestos-related diseases;
(f) A discussion of the relationship between asbestos exposure and asbestosis, lung cancer, mesothelioma, and cancer of other organs;
(3) Overview of abatement construction projects:
(a) Abatement as a portion of a renovation project;
(b) OSHA requirements for notification of other contractors on a multiemployer site in 29 C.F.R. § 1926.58 (July 1, 1993) as amended by 59 Fed. Reg. 40,964 to 41,162, inclusive (August 10, 1994);
(4) Safety system design specifications:
(a) Design, construction, and maintenance of containment barriers and decontamination enclosure systems;
(b) Positioning of warning signs;
(c) Electrical and ventilation system lockout;
(d) Working techniques for minimizing fiber release;
(e) Entry and exit procedures for the work area;
(f) Use of wet methods;
(g) Use of negative pressure exhaust ventilation equipment;
(h) Use of high efficiency particulate aerosol (HEPA) vacuums;
(i) Clean-up and disposal of asbestos;
(j) Work practices as they apply to encapsulation, enclosure, and repair;
(k) Use of glove bags and a demonstration of glove bag use;
(l) Proper techniques for initial cleaning;
(5) Field trip:
(a) A visit to an abatement site or other suitable building site. For example, a metal pole building without any HVAC systems would not be considered a suitable site. The visit must include:
(i) On-site discussions of abatement design;
(ii)A building walk-through inspection;
(iii) A discussion of rationale for the concept of functional spaces during the walk-through;
(6) Employee personal protective equipment:
(a) Classes and characteristics of respirators;
(b) Limitations of respirators;
(c) Selection, inspection, donning, use, maintenance, and storage procedures;
(d) Methods for field testing of the facepiece-to-face seal (positive and negative pressure fitting tests);
(e) Qualitative and quantitative fit testing procedures;
(f) Variability between field and laboratory protection factors;
(g) Factors that alter respirator fit, for example, facial hair;
(h) Components of a respiratory protection program;
(i) Selection and use of personal protective clothing;
(j) Use, storage, and handling of nondisposable clothing;
(k) Regulations found in subdivision (18) of this section covering personal protective equipment;
(7) Additional safety hazards:
(a) Hazards encountered during abatement activities and how to deal with them, including:
(i) Electrical hazards;
(ii)Heat stress;
(iii) Air contaminants other than asbestos;
(iv) Fire and explosion hazards;
(8) Fiber aerodynamics and control:
(a) Aerodynamic characteristics of asbestos fibers;
(b) Importance of containment barriers;
(c) Settling time for asbestos fibers;
(d) Wet methods in abatement;
(e) Aggressive air monitoring following abatement;
(f) Aggressive air movement and negative pressure exhaust ventilation as a clean-up method;
(9) Designing abatement solutions:
(a) Discussions of removal, enclosure, and encapsulation methods;
(b) Asbestos waste disposal;
(10) Final clearance process:
(a) Discussion of the need for a written sampling rationale for aggressive final air clearance;
(b) Requirements of a complete visual inspection;
(c) Discussion of the relationship of visual inspection to final air clearance;
(11) Budgeting and cost estimation:
(a) Development of cost estimates;
(b) Present costs of abatement versus future operations and maintenance costs;
(c) Setting priorities for abatement jobs to reduce cost;
(12) Writing abatement specifications:
(a) Means and methods specifications versus performance specifications;
(b) Design of abatement in occupied buildings;
(c) Modification of guide specifications to a particular building;
(d) Worker and building occupant health and medical considerations;
(e) Replacement of ACM with a substitute for asbestos;
(f) Preparation of and need for a written project design;
(13) Preparing abatement drawings:
(a) Use of as-built drawings as base drawings;
(b) Use of inspection photographs and on-site reports;
(c) Particular problems in abatement drawings;
(d) Significance and need for drawings;
(e) Methods of preparing abatement drawings;
(f) Diagramming containment barriers;
(g) Relationship of drawings to design specifications;
(14) Contract preparation and administration;
(15) Legal liabilities and defenses:
(a) Insurance considerations;
(b) Bonding;
(c) Hold harmless clauses;
(d) Use of abatement contractor's liability insurance;
(e) Claims made versus occurrence policies;
(16) Replacement of asbestos with asbestos-free substitutes;
(17) Role of other consultants:
(a) Development of technical specification sections by industrial hygienists or engineers;
(b) The multidisciplinary team approach to abatement design;
(18) Occupied buildings:
(a) Special design procedures required in occupied buildings;
(b) Education of occupants;
(c) Extra monitoring recommendations;
(d) Staging of work to minimize exposure to occupants;
(e) Scheduling of renovation to minimize exposure;
(19) Regulatory review -- procedures and standards:
(a) Requirements of AHERA;
(b) National emission standard for hazardous air pollutants in 40 C.F.R. § 61, Subparts A (general provisions) and M (national emission standard for asbestos) (July 1, 1993);
(c) OSHA standards for permissible exposure to airborne concentrations of asbestos fibers and respiratory protection in 29 C.F.R. § 1910.134 (July 1, 1993) as amended by 59 Fed. Reg. 40,964 to 41,162, inclusive (August 10, 1994);
(d) EPA worker protection rule in 40 C.F.R. § 763, Subpart G (July 1, 1993);
(e) OSHA asbestos construction standard in 29 C.F.R. § 1926.58 (July 1, 1993) as amended by 59 Fed. Reg. 40,964 to 41,162, inclusive (August 10, 1994);
(f) OSHA hazard communication standard in 29 C.F.R. § 1926.59 (July 1, 1993);
(20) Course review -- a review of key aspects of the training course.
Source: 14 SDR 164, effective June 5, 1988; 18 SDR 95, effective December 2, 1991; 21 SDR 101, effective December 4, 1994.
General Authority: SDCL 34-44-3, 34-44-19.
Law Implemented: SDCL 34-44-3, 34-44-4, 34-44-20, 34-44-21.
74:31:03:04. Asbestos abatement contractor and supervisor training course requirements. The asbestos abatement contractor and supervisor training course must be at least five days long and must include lectures, demonstrations, at least fourteen hours of hands-on training, individual respirator fit testing, course review, and a written examination. The following topics must be included:
(1) The physical characteristics of asbestos and asbestos-containing materials:
(a) Identification of asbestos:
(i) Aerodynamic characteristics;
(ii)Typical uses;
(iii) Physical appearance;
(b) A review of hazard assessment considerations;
(c) A summary of abatement control options;
(2) Potential health effects related to asbestos exposure:
(a) The nature of asbestos-related diseases;
(b) Routes of exposure;
(c) Dose-response relationships and the lack of a safe exposure level;
(d) Synergism between cigarette smoking and asbestos exposure;
(e) The latency period of asbestos-related diseases;
(3) Employee personal protective equipment:
(a) Classes and characteristics of respirators;
(b) Limitations of respirators;
(c) Selection, inspection, donning, use, maintenance, and storage procedures for respirators;
(d) Methods for field testing of the facepiece-to-face seal (positive and negative pressure fitting tests);
(e) Qualitative and quantitative fit testing procedures;
(f) Variability between field and laboratory protection factors;
(g) Factors that alter respirator fit, for example, facial hair;
(h) The components of a respiratory protection program;
(i) Selection and use of personal protective clothing;
(j) Use, storage, and handling of nondisposable clothing;
(k) Regulations found in subdivision (9) of this section covering personal protective equipment;
(4) State-of-the-art work practices:
(a) Work practices for asbestos abatement activities:
(i) Descriptions of construction and maintenance of barriers and decontamination enclosure systems;
(ii)Positioning of warning signs;
(iii) Electrical and ventilation system lockout;
(iv) Working techniques for minimizing fiber release;
(v) Use of wet methods;
(vi) Use of negative pressure ventilation equipment;
(vii) Use of high efficiency particulate air (HEPA) vacuums;
(viii) Clean-up and disposal procedures;
(b) Work practices for removal, encapsulation, enclosure, and repair;
(c) Emergency procedures for sudden releases;
(d) Potential exposure situations;
(e) Transport and disposal procedures;
(f) Recommended and prohibited work practices;
(g) Discussion of new abatement-related techniques and methodologies;
(5) Personal hygiene:
(a) Entry and exit procedures for the work area;
(b) Use of showers;
(c) Avoidance of eating, drinking, smoking, and the chewing of gum or tobacco in the work area;
(d) Potential exposures, such as family exposure;
(6) Additional safety hazards:
(a) Hazards encountered during abatement activities and how to deal with them:
(i) Electrical hazards;
(ii)Heat stress;
(iii) Air contaminants other than asbestos;
(iv) Fire and explosion hazards;
(v) Scaffold and ladder hazards;
(vi) Slips, trips, and falls;
(vii) Confined spaces;
(7) Medical monitoring -- OSHA requirements found in subdivision (9)(c) and (9)(d) of this section for a pulmonary function test, chest X rays, and a medical history for each employee;
(8) Air monitoring procedures to determine airborne concentrations of asbestos fibers:
(a) A description of aggressive sampling;
(b) Sampling equipment and methods;
(c) Reasons for air monitoring;
(d) Types of samples;
(e) Interpretation of results, specifically from analysis performed by polarized light, phase-contrast, and electron microscopy analyses;
(9) Regulatory review -- procedures and standards, including:
(a) Requirements of AHERA;
(b) National emission standard for hazardous air pollutants in 40 C.F.R. § 61, Subparts A (general provisions) and M (national emission standard for asbestos) (July 1, 1993);
(c) OSHA standards for permissible exposure to airborne concentrations of asbestos fibers and respiratory protection in 29 C.F.R. § 1910.134 (July 1, 1993) as amended by 59 Fed. Reg. 40,964 to 41,162, inclusive (August 10, 1994);
(d) OSHA asbestos construction standard in 29 C.F.R. § 1926.58 (July 1, 1993) as amended by 59 Fed. Reg. 40,964 to 41,162, inclusive (August 10, 1994);
(e) EPA worker protection rule in 40 C.F.R. § 763, Subpart G (July 1, 1993);
(10) Respiratory protection programs and medical surveillance programs;
(11) Insurance and liability issues:
(a) Contractor issues:
(i) Worker's compensation coverage and exclusions;
(ii)Third-party liabilities and defenses;
(iii) Insurance coverage and exclusions;
(12) Record keeping for asbestos abatement projects:
(a) Records required by federal regulations found in subdivision (9) of this section, state regulations found in chapter 74:36:08 and SDCL chapter 34-44, and local regulations;
(b) Records recommended for legal and insurance purposes;
(13) Supervisory techniques for asbestos abatement activities -- supervisory practices to enforce and reinforce the required work practices and discourage unsafe work practices;
(14) Contract specifications -- discussion of key elements that are included in contract specifications;
(15) Hands-on training that gives actual experience performing tasks associated with asbestos abatement:
(a) Working with asbestos-substitute materials;
(b) Fitting and using respirators;
(c) Use of glovebags;
(d) Donning protective clothing;
(e) Constructing a decontamination unit;
(16) Course review -- a review of key aspects of the training course.
Source: 14 SDR 164, effective June 5, 1988; 15 SDR 50, effective October 3, 1988; 18 SDR 95, effective December 2, 1991; 21 SDR 101, effective December 4, 1994.
General Authority: SDCL 34-44-3, 34-44-19.
Law Implemented: SDCL 34-44-3, 34-44-4, 34-44-20, 34-44-21.
74:31:03:05. Asbestos abatement worker training course requirements. The asbestos abatement worker training course must be at least four days long and must include lectures, demonstrations, at least fourteen hours of hands-on training, individual respirator fit testing, course review, and an examination. The following topics must be included:
(1) The physical characteristics of asbestos:
(a) Identification of asbestos:
(i) Aerodynamic characteristics;
(ii)Typical uses;
(iii) Physical appearance;
(b) A summary of abatement control options;
(2) Potential health effects related to asbestos exposure:
(a) The nature of asbestos-related diseases;
(b) Routes of exposure;
(c) Dose-response relationships and the lack of a safe exposure level;
(d) The synergism between cigarette smoking and asbestos exposure;
(e) The latency period for asbestos-related diseases;
(3) Employee personal protective equipment:
(a) Classes and characteristics of respirators;
(b) Limitations of respirators;
(c) Selection, inspection, donning, use, maintenance, and storage procedures for respirators;
(d) Methods for field testing of the facepiece-to-face seal (positive and negative pressure fitting tests);
(e) Qualitative and quantitative fit testing procedures;
(f) Variability between field and laboratory protection factors;
(g) Factors that alter respirator fit, for example, facial hair;
(h) The components of a respiratory protection program;
(i) Selection and use of personal protective clothing;
(j) Use, storage, and handling of nondisposable clothing;
(4) State-of-the-art work practices:
(a) Work practices for asbestos abatement activities:
(i) Descriptions of construction and maintenance of barriers and decontamination enclosure systems;
(ii)Positioning of warning signs;
(iii) Electrical and ventilation system lockout;
(iv) Working techniques for minimizing fiber release;
(v) Use of wet methods;
(vi) Use of negative pressure ventilation equipment;
(vii) Use of high efficiency particulate air (HEPA) vacuums;
(viii) Clean-up and disposal procedures;
(b) Work practices for removal, encapsulation, enclosure, and repair;
(c) Emergency procedures for sudden releases;
(d) Potential exposure situations;
(e) Transport and disposal procedures;
(f) Recommended and prohibited work practices;
(g) Discussion of new abatement-related techniques and methodologies;
(5) Personal hygiene:
(a) Entry and exit procedures for the work area;
(b) Use of showers;
(c) Avoidance of eating, drinking, smoking, and the chewing of gum or tobacco in the work area;
(d) Potential exposures, such as family exposure;
(6) Additional safety hazards:
(a) Hazards encountered during abatement activities and how to deal with them:
(i) Electrical hazards;
(ii)Heat stress;
(iii) Air contaminants other than asbestos;
(iv) Fire and explosion hazards;
(v) Scaffold and ladder hazards;
(vi) Slips, trips, and falls;
(vii) Confined spaces;
(7) Medical monitoring -- OSHA requirements found in subdivision (9)(c) and (9)(d) of this section for a pulmonary function test, chest X rays, and a medical history for each employee;
(8) Air monitoring procedures to determine airborne concentrations of asbestos fibers, focusing on how personal air sampling is performed and the reasons for it;
(9) Regulatory review -- procedures and standards:
(a) Requirements of AHERA;
(b) National emission standard for hazardous air pollutants in 40 C.F.R. § 61, Subparts A (general provisions) and M (national emission standard for asbestos) (July 1, 1993);
(c) OSHA standards for permissible exposure to airborne concentrations of asbestos fibers and respiratory protection in 29 C.F.R. § 1910.134 (July 1, 1993) as amended by 59 Fed. Reg. 40,964 to 41,162, inclusive (August 10, 1994);
(d) OSHA asbestos construction standard in 29 C.F.R. § 1926.58 (July 1, 1993) as amended by 59 Fed. Reg. 40,964 to 41,162, inclusive (August 10, 1994);
(e) EPA worker protection rule in 40 C.F.R. § 763, Subpart G (July 1, 1993);
(10) Establishment of respiratory protection programs;
(11) Hands-on training that gives actual experience performing tasks associated with asbestos abatement:
(a) Working with asbestos-substitute materials;
(b) Fitting and using respirators;
(c) Use of glovebags;
(d) Donning protective clothing;
(e) Constructing a decontamination unit;
(12) Course review -- a review of key aspects of the training course.
Source: 14 SDR 164, effective June 5, 1988; 15 SDR 50, effective October 3, 1988; 18 SDR 95, effective December 2, 1991; 21 SDR 101, effective December 4, 1994.
General Authority: SDCL 34-44-3, 34-44-19.
Law Implemented: SDCL 34-44-3, 34-44-4, 34-44-20, 34-44-21.
CHAPTER 74:31:04
REFRESHER TRAINING COURSES
Section
74:31:04:01 Recertification requirements.
74:31:04:02 Annual refresher training course requirements.
74:31:04:01. Recertification requirements. To be recertified a person must attend an annual refresher training course in the discipline of the person's certificate, as follows:
(1) Inspectors: a half-day refresher course;
(2) Management planners: the half-day refresher course for inspectors and a half-day management planning refresher course;
(3) Abatement project designers: a one-day refresher course;
(4) Asbestos abatement contractors and supervisors: a one-day refresher course;
(5) Asbestos abatement workers: a one-day refresher course.
Source: 14 SDR 164, effective June 5, 1988.
General Authority: SDCL 34-44-3, 34-44-15.
Law Implemented: SDCL 34-44-3, 34-44-4, 34-44-15.
74:31:04:02. Annual refresher training course requirements. Refresher courses must be specific to each discipline. Refresher courses must be conducted as separate and distinct courses and may not be combined with any other training during the period of the refresher course. The annual refresher training course must include the following:
(1) Information specific to the particular discipline;
(2) A review of changes in federal and state regulations;
(3) Developments in state-of-the-art procedures;
(4) A review of key aspects of the initial training course.
Source: 14 SDR 164, effective June 5, 1988; 21 SDR 101, effective December 4, 1994.
General Authority: SDCL 34-44-3, 34-44-15.
Law Implemented: SDCL 34-44-3, 34-44-4, 34-44-15, 34-44-20.
CHAPTER 74:31:05
EXAMINATIONS AND DIPLOMAS
Section
74:31:05:01 Examination specifications.
74:31:05:02 Examination requirements.
74:31:05:03 Diplomas.
74:31:05:01. Examination specifications. All examinations administered under this article must be closed book and must cover the topics in the training course for that discipline.
Source: 14 SDR 164, effective June 5, 1988.
General Authority: SDCL 34-44-3, 34-44-19.
Law Implemented: SDCL 34-44-3, 34-44-4, 34-44-20.
74:31:05:02. Examination requirements. Persons seeking certification in a specific discipline must pass the examination for that discipline at the end of the training course. Persons seeking recertification must pass an examination every three years. The following are the examination requirements for each discipline:
(1) Inspectors:
(a) 50 multiple-choice questions;
(b) Passing score: 70 percent;
(2) Management planners:
(a) 50 multiple-choice questions;
(b) Passing score: 70 percent;
(3) Abatement project designers:
(a) 100 multiple-choice questions;
(b) Passing score: 70 percent;
(4) Asbestos abatement contractors or supervisors:
(a) 100 multiple-choice questions;
(b) Passing score: 70 percent;
(5) Asbestos abatement workers:
(a) 50 multiple-choice questions;
(b) Passing score: 70 percent.
Source: 14 SDR 164, effective June 5, 1988.
General Authority: SDCL 34-44-3, 34-44-19.
Law Implemented: SDCL 34-44-3, 34-44-4, 34-44-19, 34-44-20.
74:31:05:03. Diplomas. The instructor shall issue a
numbered diploma to each student who completes a training course and
successfully passes the examination. The following information must be included
on the diploma:
(1) The name of the
student;
(2) The name of the course
completed;
(3) The dates of the course
and the examination;
(4) A statement that the
person receiving the certificate has completed the requisite training for
asbestos accreditation specified by the Toxic Substance Control Act Title II;
(5) An expiration date for
accreditation that is one year after the date on which the student completed
the course and examination;
(6) Diploma number;
(7) The name, address, and
telephone number of the training provider that issued the certificate.
Diplomas for refresher training
courses must include all of the information required in this section, except
for examination information, which is required every three years according to
§ 74:31:05:02. A list of trained persons that have passed training
courses, to include refresher training courses, must be sent to the department
within ten days after training and exams are completed.
Source:
14 SDR 164, effective June 5, 1988; 21 SDR 101, effective December 4, 1994; 35
SDR 88, effective October 27, 2008.
General
Authority: SDCL 34-44-19.
Law
Implemented: SDCL 34-44-19.
CHAPTER 74:31:06
APPROVAL OF TRAINING PROGRAMS
Section
74:31:06:01 Application procedures for training course approval.
74:31:06:01.01 Department approval of training courses.
74:31:06:02 Application procedures for refresher training course approval.
74:31:06:02.01 Department approval of refresher training courses.
74:31:06:03 Suspension or revocation of course approval.
74:31:06:04 Renewal of course approval.
74:31:06:05 Recordkeeping requirements for training providers.
74:31:06:06 Notification of training course requirement.
74:31:06:01. Application procedures for training course
approval. To apply for asbestos training course approval in any of the
disciplines, the following information must be submitted to the department:
(1) The course sponsor's
name, address, and telephone number;
(2) A list of any states
that currently approve the training course;
(3) The course curriculum;
(4) A letter from the
training course sponsor that clearly indicates how the course meets the
following South Dakota requirements:
(a) Length of training
in days;
(b) Amount and type of
hands-on training;
(c) Examination,
including length, format, and passing score;
(d) Topics covered in
the course;
(5) A copy of all course
materials, such as student manuals, instructor notebooks, and handouts;
(6) A detailed statement
about development of the examination used in the course;
(7) Names and
qualifications of course instructors. Instructors must have academic
credentials or field experience in asbestos abatement;
(8) Description and an
example of numbered diplomas issued to students who attend the course and pass
the examination;
(9) A schedule of planned
training courses to be conducted in South Dakota.
Source:
14 SDR 164, effective June 5, 1988; 35 SDR 88, effective October 27, 2008.
General
Authority: SDCL 34-44-19, 34-44-24.
Law
Implemented: SDCL 34-44-19, 34-44-22, 34-44-24.
74:31:06:01.01. Department approval of training courses.
Department approval of training courses must be in writing and sent to the
course sponsor identified in § 74:31:06:01(1). In order to continue to conduct
training courses, renewal of department approval is required each year as
described in § 74:31:06:04.
Source:
35 SDR 88, effective October 27, 2008.
General
Authority: SDCL 34-44-19.
Law
Implemented: SDCL 34-44-19.
74:31:06:02. Application procedures for refresher training
course approval. To apply for approval of refresher training courses in any
of the disciplines, the following information must be submitted to the
department:
(1) Length of training;
(2) Topics covered in the
course;
(3) A copy of all course
materials;
(4) Names and
qualifications of course instructors. Instructors must have academic
credentials or field experience in asbestos abatement;
(5) Description and an
example of diplomas issued to students who complete the refresher course;
(6) Amount and type of
hands-on training;
(7) A schedule of planned
training courses to be conducted in South Dakota;
(8) Identify any changes in
information provided to the department the previous year.
Source:
14 SDR 164, effective June 5, 1988; 35 SDR 88, effective October 27, 2008.
General
Authority: SDCL 34-44-19, 34-44-24.
Law
Implemented: SDCL 34-44-19, 34-44-22, 34-44-24.
74:31:06:02.01. Department approval of refresher training
courses. Department approval of refresher training courses must be in
writing and sent to the course sponsor identified in § 74:31:06:01(1). In
order to continue to conduct refresher training courses, renewal of department
approval is required each year as described in § 74:31:06:04.
Source:
35 SDR 88, effective October 27, 2008.
General
Authority: SDCL 34-44-19.
Law
Implemented: SDCL 34-44-19.
74:31:06:03. Suspension or revocation of course approval. The department may suspend or revoke approval of a training course or refresher training course if a filed site inspection indicates the course is not providing training that meets the requirements of this article or the EPA suspends or revokes its approval of the course.
Source: 14 SDR 164, effective June 5, 1988.
General Authority: SDCL 34-44-24.
Law Implemented: SDCL 34-44-24, 34-44-25.
74:31:06:04. Renewal of course approval. Training course
and refresher training course approval must be renewed each year and will be
granted only if the applicant meets the requirements of this article and has
conducted at least one training course or refresher training course in South
Dakota the previous calendar year. Training course sponsors applying for first
time department approval of training courses will be conditionally approved
until courses are audited and final departmental approval is obtained. The
department shall notify approved training course sponsors, thirty days in
advance, when course curriculum changes are required. Department approval may
be revoked or suspended for reasons identified in § 74:31:06:03 at
anytime, in accordance with SDCL chapter 1-26.
Source:
14 SDR 164, effective June 5, 1988; 35 SDR 88, effective October 27, 2008.
General
Authority: SDCL 34-44-19, 34-44-24.
Law
Implemented: SDCL 34-44-19, 34-44-24.
74:31:06:05. Recordkeeping requirements for training providers. Approved training providers of accredited asbestos training courses must meet the following recordkeeping requirements:
(1) Retain copies of all instructional materials used in classroom training;
(2) Retain copies of all instructors' qualifications and EPA or state instructor approval documents;
(3) Retain copies of course instructor changes and identify instructors who taught each particular course for each date that a course is offered;
(4) For each initial or refresher diploma issued, keep a record of the student name, diploma number, expiration date, training course name and dates, examination date, examination score, copy of the examination, name of the person who proctored the examination and the training location. The required records must be maintained in a manner that allows verification of the required information by telephone; and
(5) Maintain all required records for a minimum of three years and provide reasonable access to all required records to the state or EPA on request. If the training provider ceases to conduct training, the training provider shall notify the department.
Source: 21 SDR 101, effective December 4, 1994.
General Authority: SDCL 34-44-3, 34-44-19.
Law Implemented: SDCL 34-44-19, 34-44-20, 34-44-23.
74:31:06:06. Notification of training course requirement.
Training course sponsors shall provide the department written notification at
least ten days before all training courses conducted in this state. Written
notification must include instructor contact information and location, date,
and time of the training. The department shall be notified of course
cancellations as soon as the instructor is aware of the need to cancel the
course. Cancelled courses do not meet the requirement for conducting training
in this state to obtain department approval as required by § 74:31:06:04.
The department shall be provided access to training courses at no cost for the
purpose of auditing.
Source:
35 SDR 88, effective October 27, 2008.
General
Authority: SDCL 34-44-19, 34-44-24.
Law
Implemented: SDCL 34-44-19, 34-44-23, 34-44-24.
