Administrative Code

Virginia Administrative Code
11/30/2021

Part XI. Standards of Practice and Conduct for Asbestos Analytical Laboratories

18VAC15-20-459. Duties and functions.

A. The duties and functions of an asbestos inspector include, but are not limited to, determining the presence and location of friable and nonfriable ACM, determining the condition of ACM, and sampling suspect ACM.

B. The duties and functions of an asbestos management planner include, but are not limited to, preparing management plans to effectively manage ACM that will remain in the building.

Statutory Authority

§ 54.1-501 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 18, Issue 6, eff. January 2, 2002.

18VAC15-20-459.1. Responsibilities.

A. Asbestos inspectors shall conduct all asbestos inspections in accordance with 40 CFR 763.86.

B. Asbestos inspectors shall prepare a written inspection report following an asbestos inspection. The report shall contain, but is not limited to:

1. Inspector's name and license number.

2. Location of all samples taken.

3. Location and type of all ACM and assumed ACM.

4. Assessment of all ACM and assumed ACM.

5. Copy of the laboratory report.

C. Asbestos management planners shall prepare all management plans in accordance with 40 CFR 763.88.

Statutory Authority

§ 54.1-501 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 18, Issue 6, eff. January 2, 2002.

18VAC15-20-459.2. General.

Asbestos analytical laboratories shall comply with all requirements, procedures, standards and regulations covering all aspects of asbestos analytical services as established by this chapter.

Statutory Authority

§ 54.1-501 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 18, Issue 6, eff. January 2, 2002.

18VAC15-20-459.3. Responsibilities.

A. Each asbestos analytical laboratory using PLM to analyze bulk suspect material for the presence of asbestos shall analyze the material in accordance with EPA 600/R-93/116 Method of Determination of Bulk Asbestos or the NIOSH method 9002.

B. Each asbestos analytical laboratory using PCM to analyze air samples for the presence of airborne fibers shall use the method outlined in Appendix A of OSHA's 1926.1101 regulation or shall use the most recent version of NIOSH's 7400 method.

C. Each asbestos analytical laboratory using TEM to analyze air samples for the presence of airborne asbestos fibers shall use the method outlined in Appendix A to Subpart E of 40 CFR Part 763 or shall use the most recent version of NIOSH's 7402 method.

Statutory Authority

§ 54.1-501 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 18, Issue 6, eff. January 2, 2002.

18VAC15-20-459.4. Change of status.

A. The licensee shall notify the department within 10 days of any changes to the resident responsible individual for each laboratory location.

B. The licensee shall notify the board within 10 business days upon the loss of accreditation or proficiency rating by NVLAP, IHLAP, or IHPAT by any laboratory location. The asbestos analytical laboratory shall notify the board if an employed analyst or project monitor performing asbestos laboratory analysis is removed from the AAR.

C. The licensee shall notify the board, in writing, if the type of analysis it will undertake is different from the type of analysis for which the initial license was issued. The licensee shall submit a new application or branch office application, as applicable, reflecting the changes and submit evidence of meeting the qualifications required by this chapter to perform the analysis. The licensee must receive approval from the board prior to performing the analysis. No additional fees are required to amend the type of analysis performed by the analytical laboratory licensee.

D. The licensee shall notify the department within 10 days of any changes in the laboratory location.

E. Asbestos analytical laboratory licenses are issued to firms as defined in this chapter and are not transferable. Whenever the legal firm holding the license is dissolved or altered to form a new firm, the original license becomes void and shall be returned to the board within 30 days of the change. Additionally, the new firm shall apply for a new license, on a form provided by the board, within 30 days of the change in the firm. Such changes include:

1. Death of a sole proprietor;

2. Death or withdrawal of a general partner in a general partnership or the managing partner in a limited partnership;

3. Termination or cancellation of a corporation or limited liability company; and

4. Conversion, formation, or dissolution of a corporation, a limited liability company, or an association or any other firm recognized under the laws of the Commonwealth of Virginia.

Statutory Authority

§§ 54.1-201 and 54.1-501 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 18, Issue 6, eff. January 2, 2002; amended, Virginia Register Volume 35, Issue 20, eff. September 1, 2019.

18VAC15-20-459.5. License.

A. The transfer of an asbestos analytical laboratory license is prohibited. Whenever there is any change in the controlling interest of the legal entity licensed, a new license is required.

B. A copy of the current asbestos analytical laboratory license will be on site at all times where analysis is performed, including project sites. The license shall be available for review by the department.

C. The board shall require asbestos analytical laboratories that wish to become or to remain licensed in the Commonwealth to conform to any future additional standards or regulations set forth by the EPA or accrediting entity.

D. The licensee shall permit the board to conduct periodic on-site inspections and evaluations of licensed asbestos analytical laboratory facilities. The inspections shall include, but not be limited to, equipment, procedure and protocol records, training and accreditation documentation and any other program evaluation results on file. Prior notice of such inspections is not required.

Statutory Authority

§ 54.1-501 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 18, Issue 6, eff. January 2, 2002.

18VAC15-20-459.6. (Repealed.)

Historical Notes

Derived from Virginia Register Volume 18, Issue 6, eff. January 2, 2002; repealed, Virginia Register Volume 23, Issue 3, eff. December 1, 2006.

18VAC15-20-460. (Repealed.)

Historical Notes

Derived from VR137-01-02 § 14.1, eff. September 1, 1994; amended, Virginia Register Volume 18, Issue 6, eff. January 2, 2002; repealed, Virginia Register Volume 23, Issue 3, eff. December 1, 2006.

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