To repeal sections 643.020, 643.225, 643.242 and 643.250, RSMo 1994, relating to asbestos abatement projects, and to enact in lieu thereof four new sections relating to the same subject.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF MISSOURI, AS FOLLOWS:

     Section A. Sections 643.020, 643.225, 643.242 and 643.250, RSMo 1994, are repealed and four new sections enacted in lieu thereof, to be known as sections 643.020, 643.225, 643.242 and 643.250, to read as follows:

     643.020. When used in this chapter and in standards, rules and regulations promulgated under authority of this chapter, the following words and phrases mean:

     (1) "AHERA", Asbestos Hazard Emergency Response Act of 1986 (P.L. 99-519);

     (2) "Abatement project designer", an individual who designs or plans AHERA asbestos abatement;

     (3) "Air cleaning device", any method, process, or equipment which removes, reduces, or renders less obnoxious air contaminants discharged into ambient air;

     (4) "Air contaminant", any particulate matter or any gas or vapor or any combination thereof;

     (5) "Air contaminant source", any and all sources of air contaminants whether privately or publicly owned or operated;

     (6) "Air pollution", the presence in the ambient air of one or more air contaminants in quantities, of characteristics and of a duration which directly and proximately cause or contribute to injury to human, plant, or animal life or health or to property or which unreasonably interferes with the enjoyment of life or use of property;

     (7) "Ambient air", all space outside of buildings, stacks, or exterior ducts;

     (8) "Area of the state", any geographical area designated by the commission;

     (9) "Asbestos", the asbestiform varieties of chrysotile, crocidolite, amosite, anthophyllite, tremolite and actinolite;

     (10) "Asbestos abatement", the encapsulation, enclosure or removal of asbestos containing materials in or from a building or air contaminant source, or preparation of friable asbestos containing material prior to demolition;

     (11) "Asbestos abatement contractor", any person who by agreement, contractual or otherwise, conducts asbestos abatement projects at a location other than his own place of business;

     (12) "Asbestos abatement projects", an activity undertaken to encapsulate, enclose or remove ten square feet or [sixteen] twenty-five linear feet or more of friable asbestos containing materials from buildings and other air contaminant sources, or to demolish buildings and other air contaminant sources containing ten square feet or [sixteen] twenty-five linear feet or more;

     (13) "Asbestos abatement supervisor", an individual who directs, controls, or supervises others in asbestos abatement projects;

     (14) "Asbestos abatement worker", an individual who engages in asbestos abatement projects;

     (15) "Asbestos air sampling professional", an individual who by qualifications and experience is proficient in asbestos abatement air monitoring. The individual shall conduct, oversee or be responsible for air monitoring of asbestos abatement projects before, during and after the project has been completed;

     (16) "Asbestos air sampling technician", an individual who has been trained by an air sampling professional to do air monitoring. Such individual conducts air monitoring of an asbestos abatement project before, during and after the project has been completed;

     (17) "Asbestos containing material", any material or product which contains more than one percent asbestos, by weight;

     (18) "Class A source", either a class A1, A2 or A3 source as defined in this section;

     (19) "Class A1 source", any air contaminant source with the potential to emit equal to or greater than one hundred tons per year of an air contaminant;

     (20) "Class A2 source", any air contaminant source, which is not a class A1 source, and with the potential, air cleaning devices not considered, to emit equal to or greater than one hundred tons per year of an air contaminant;

     (21) "Class A3 source", any air contaminant source which emits or has the potential to emit, ten tons per year or more of any hazardous air pollutant or twenty-five tons of any combination of hazardous air pollutants, or as defined pursuant to section 112 of the federal Clean Air Act, as amended, 42 U.S.C. 7412;

     (22) "Class B source", any air contaminant source with the potential, air cleaning devices not considered, to emit equal to or greater than the de minimis amounts of an air contaminant established by the commission, but not a class A source;

     (23) "Commission", the air conservation commission of the state of Missouri created in section 643.040;

     (24) "Competent person", as defined in the United States Occupational Safety and Health Administration's (OSHA) standard 29 CFR 1926.58 (b). Such person shall also be a certified asbestos abatement supervisor;

     (25) "Conference, conciliation and persuasion", a process of verbal or written communications consisting of meetings, reports, correspondence or telephone conferences between authorized representatives of the department and the alleged violator. The process shall, at a minimum, consist of one offer to meet with the alleged violator tendered by the department. During any such meeting, the department and the alleged violator shall negotiate in good faith to eliminate the alleged violation and shall attempt to agree upon a plan to achieve compliance;

     (26) "De minimis source", any air contaminant source with a potential to emit an air contaminant, air cleaning devices not considered, less than that established by the commission as de minimis for the air contaminant;

     (27) "Department", the department of natural resources of the state of Missouri;

     (28) "Director", the director of the department of natural resources;

     (29) "Emergency asbestos project", an asbestos project that must be undertaken immediately to prevent imminent, severe, human exposure or to restore essential facility operation;

     (30) "Emission", the discharge or release into the atmosphere of one or more air contaminants;

     (31) "Emission control regulations", limitations on the emission of air contaminants into the ambient air;

     (32) "Friable asbestos containing material", any asbestos containing material which is applied to ceilings, walls, structural members, piping, ductwork or any other part of a building or other air contaminant sources and which, when dry, may be crumbled, pulverized or reduced to powder by hand pressure;

     (33) "Inspector", an individual, under AHERA, who collects and assimilates information used to determine whether asbestos containing material is present in a building or other air contaminant sources;

     (34) "Management planner", an individual, under AHERA, who devises and writes plans for asbestos abatement;

     (35) "Minor violation", a violation which possesses a small potential to harm the environment or human health or cause pollution, was not knowingly committed, and is not defined by the United States Environmental Protection Agency as other than minor;

     (36) "Nonattainment area", any area designated by the governor as a "nonattainment area" as defined in the federal Clean Air Act, as amended, 42 U.S.C. 7501;

     (37) "Person", any individual, partnership, copartnership, firm, company, or public or private corporation, association, joint stock company, trust, estate, political subdivision, or any agency, board, department, or bureau of the state or federal government, or any other legal entity whatever which is recognized by law as the subject of rights and duties;

     (38) "Small business", for the purpose of sections 643.010 to 643.190, a small business shall include any business regulated under this chapter, which is not a class A source and which employs less than one hundred people and emits less than fifty tons of any regulated pollutant per year and less than seventy-five tons of all regulated pollutants or as otherwise defined by the commission by rule.

     643.225. 1. The provisions of sections 643.225 to 643.250 shall apply to all asbestos abatement projects. [The commission shall promulgate rules and regulations it deems necessary to implement and administer the provisions of sections 643.225 to 643.250, including requirements, procedures and standards relating to asbestos projects, as well as the authority to require corrective measures to be taken in asbestos abatement projects as are deemed necessary to protect public health and the environment.] The director shall establish any examinations for certification required by this section and shall hold such examinations at times and places as determined by the director.

     2. Projects involving the abatement or removal of asbestos-containing materials from the following structures shall not be "asbestos abatement projects", as defined in section 643.020, and shall be exempt from the requirements of sections 643.225 to 643.250:

     (1) Single family, owner occupied dwellings;

     (2) Vacant residential structures of four or fewer dwelling units which are geographically dispersed and which are being demolished either by or pursuant to an order issued by a federal, state or local governmental entity following a determination made solely by such federal, state or local governmental entity that demolition is necessary to protect public health, safety or welfare;

provided that there is evidence that the project does not create any threat to public health and does not endanger the environment.

     [2.] 3. Except as otherwise provided in sections 643.225 to 643.250, no individual shall engage in an asbestos abatement project, inspection, management plan, abatement project design or asbestos air sampling unless the person has been issued a certificate by the director, or by the commission after appeal, for that purpose.

     [3.] 4. In any application made to the director to obtain such certification as an inspector, management planner, abatement project designer, supervisor, contractor or worker from the department, the applicant shall include his diploma providing proof of successful completion of either a state accredited or United States Environmental Protection Agency (EPA) accredited training course as described in section 643.228. In addition, an applicant for certification as a management planner shall first be certified as an inspector. All applicants for certification as an inspector, management planner, abatement project designer, supervisor, contractor or worker shall successfully pass a state examination on Missouri state asbestos statutes [and rules] relating to asbestos. Certification issued hereunder shall expire one year from its effective date. Individuals applying for state certification as an asbestos air sampling professional shall have the following credentials:

     (1) A bachelor of science degree in industrial hygiene plus one year of experience in the field; or

     (2) A master of science degree in industrial hygiene; or

     (3) Certification as an industrial hygienist as designated by the American Board of Industrial Hygiene; or

     (4) Three years of practical experience in the field of industrial hygiene, including significant asbestos air monitoring experience and the completion of a forty-hour asbestos course which includes air monitoring instruction (National Institute of Occupational Safety and Health 582 course on air sampling or equivalent). In addition to these qualifications, the individual must also pass the state of Missouri asbestos examination. All asbestos air sampling technicians shall be trained and overseen by an asbestos air sampling professional and shall meet the requirements of training found in OSHA's 29 CFR 1926.58. Certification under this section as an AHERA asbestos abatement project designer does not qualify an individual as an architect, engineer or land surveyor, as defined in chapter 327, RSMo.

     [4.] 5. An application fee of seventy-five dollars shall be assessed for each category, except asbestos abatement worker, to cover administrative costs incurred. An application fee of twenty-five dollars shall be assessed for each asbestos abatement worker to cover administrative costs incurred. A fee of twenty-five dollars shall be assessed per state examination.

     [5.] 6. In order to qualify for renewal of a certificate, an individual shall have successfully completed an annual refresher course from an Environmental Protection Agency or state of Missouri accredited training program. For each discipline, the refresher course shall review and discuss current federal and state statute and rule developments, state-of-the-art procedures and key aspects of the initial training course, as determined by the state of Missouri. For all categories except inspectors, individuals shall complete a one-day annual refresher training course for recertification. Refresher courses for inspectors shall be at least a half-day in length. Management planners shall attend the inspector refresher course, plus an additional half-day on management planning. All refresher courses shall require an individual to successfully pass an examination upon completion of the course. In the case of significant changes in Missouri state asbestos statutes [or rules], an individual shall also be required to take and successfully pass an updated Missouri state asbestos examination. An individual who has failed the Missouri state asbestos examination may retake it on the next scheduled examination date. If his certification has lapsed for more than twenty-four months, he shall be required to retake the course in his specialty area described in this section. Failure to comply with the requirements for renewal of certification in this section will result in decertification. In no event shall certification or recertification constitute permission to violate sections 643.225 to 643.250 or any standard or rule promulgated under sections 643.225 to 643.250.

     [6.] 7. A fee of five dollars shall be paid to the state for renewal of certificates to cover administrative costs.

     [7.] 8. The provisions of subsections [2 through 6] 3 through 7 of this section, section 643.228, subdivision (4) of subsection 1 of section 643.230, sections 643.232 and 643.235, subdivisions (1) to (3) of subsection 1 of section 643.237, and subsection 2 of section 643.237 shall not apply to a person that is subject to requirements and applicable standards of the United States Environmental Protection Agency (EPA) and the United States Occupational Safety and Health Administration's (OSHA) 29 Code of Federal Regulations 1926.58 and which engages in asbestos abatement projects as part of normal operations in the facility solely at its own place or places of business. A person shall receive an exemption upon submitting to the director, on a form provided by the department, documentation of the training provided to their employees to meet the requirements of applicable OSHA and EPA rules and regulations and the type of asbestos abatement projects which constitute normal operations performed by the applicant. If the application does not meet the requirements of this subsection [and the rules and regulations promulgated by the department], the applicant shall be notified, within one hundred eighty days of the receipt of the application, that his exemption has been revoked. An applicant may appeal the revocation of an exemption to the commission within thirty days of the notice of revocation. This exemption shall not apply to asbestos abatement contractors, to those persons who [the commission by rule determines] provide a service to the public in its place or places of business as the economic foundation of the facility, or to those persons subject to the requirements of the federal Asbestos Hazard Emergency Response Act of 1986 (P.L. 99-519). A representative of the department shall be permitted to attend, monitor and evaluate any training program provided by the exempted person. Such evaluations may be conducted without prior notice. Refusal to allow such an evaluation is sufficient grounds for loss of exemption status.

     [8.] 9. A fee of two hundred fifty dollars shall be submitted with the application for exemption. This is a one-time fee. Exempted persons shall submit to the director changes in curricula or other significant revisions to the training program as they occur.

     643.242. 1. Asbestos abatement projects of a magnitude greater than or equal to ten square feet or [sixteen] twenty-five linear feet are subject to inspection. Any inspection of an asbestos abatement project by a commission or department representative or an authorized local agency shall only be conducted by a person who is certified by the department as an asbestos supervisor and an asbestos inspector.

     2. The commission shall be authorized to assess a fee of not more than one hundred dollars for each on-site inspection of asbestos abatement projects. Such fees would not be assessed for more than three on-site inspections during the period an actual abatement project is in progress. Failure of the asbestos abatement contractor to notify the department of project postponement may result in the assessment of an inspection fee in the event of an on-site visit by the department.

     3. Any person undertaking an asbestos abatement project in the jurisdiction of an authorized local air pollution control agency shall be exempt from an inspection fee if the authorized local agency also imposes an inspection fee.

     4. No inspection fee shall be collected pursuant to this section unless the inspection is conducted by a representative of the commission or department or an authorized agency who possesses state certification as an asbestos supervisor and an asbestos inspector.

     643.250. 1. Any authorized representative of the department may enter at all reasonable times, in or upon public or private property for purposes required under sections 643.225 to 643.250. Refusal to allow such entry shall be grounds for revocation of registration or injunctive relief.

     2. Any person who knowingly violates sections 643.225 to 643.250, [or any rule promulgated thereunder,] shall, upon conviction, be punished by a fine of not less than twenty-five hundred dollars nor more than twenty-five thousand dollars per day of violation, or by imprisonment for not more than one year, or both. Second and successive convictions of any person shall be punished by a fine of not more than fifty thousand dollars per day of violation, or by imprisonment for not more than two years, or both.

     3. Any person who violates any provision of sections 643.225 to 643.250 may, in addition to any other penalty provided by law, incur a civil penalty in an amount not to exceed ten thousand dollars for each day of violation. The civil penalty shall be in an amount to constitute an actual and substantial economic deterrent to the violation for which the civil penalty is assessed. Any civil penalty paid shall be placed in the [natural resources protection fund--air pollution asbestos fee subaccount] county school fund in the county where the violation occurred.

     4. Notwithstanding the existence or pursuit of any other remedy provided by sections 643.225 to 643.250, the commission may maintain, in the manner provided by chapter 536, RSMo, an action in the name of the state of Missouri for injunction or other process against any person to restrain or prevent any violation of the provisions of sections 643.225 to 643.250.