N.H. Code Admin. R. Env-A 1820.05
(c) A notice of approval shall include the terms and conditions under which the waiver is granted, including the effective date and expiration date, which shall be no later than one year from the date it is granted.
Source. (See Revision Note #1, Revision Note #2, and Revision Note #3 at chapter heading for Env-A 1800) #14104, eff 11-1-24, EXPIRES: 11-1-34
Appendix A: State Statutes and Federal Regulations Implemented
Rule Number(s)
State Statute(s) Implemented
Federal Regulations Implemented
Env-A 1801.01
RSA 141-E:1
Env-A 1801.02
RSA 141-E:3
40 CFR 61.140 and 61.145(a)
Env-A 1801.03 – Env-A 1801.04
RSA 141-E:4, XVI(c)
42 U.S.C. 7412
Env-A 1801.05
RSA 141-E:3, II and VI;
RSA 141-E :4, II and XVI(a)
42 U.S.C. 7412; 40 CFR 61, Subpart M
Env-A 1801.06
RSA 141-E:4
15 U.S.C. 2643(m); 40 CFR 763, Subpart E
Env-A 1802.01 - Env-A 1802.04
RSA 141-E:4
Env-A 1802.05
RSA 141-E:2, I
Env-A 1802.06
RSA 141-E:2, II
Env-A 1802.07 – Env-A 1802.11
RSA 141-E:4
Env-A 1802.12
RSA 141-E:4
40 CFR 763, subpart E, appendix D
Env-A 1802.13
RSA 141-E:2, III
Env-A 1802.14 – Env-A 1802.20
RSA 141-E:4
Env-A 1802.21
RSA 141-E:2, IV
Env-A 1802.22 – Env-A 1802. 28
RSA 141-E:4
Env-A 1802.29
RSA 141-E:2, VI
Env-A 1802.30
RSA 141-E:4
40 CFR 763, subpart E, appendix D
Env-A 1802.31 – Env-A 1802.34
RSA 141-E:4
Env-A 1802.35 & Env-A 1802.37
RSA 141-E:4, I
Env-A 1802.38
RSA 141-E:4
40 CFR 61.141, appendix D
Env-A 1802.39
RSA 141-E:4
Env-A 1802.40
RSA 141-E:4
29 CFR 1926.1001(b), appendix D
Env-A 1802.41
RSA 141-E:2, VII
Env-A 1802.42 – Env-A 1802.45
RSA 141-E:4
Env-A 1802.46
RSA 141-E:2, VIII
Env-A 1802.47 – Env-A 1802. 49
RSA 141-E:4
Env-A 1802.50
RSA 141-E:2, IX
Env-A 1802.51 – Env-A 1802.56
RSA 141-E:4
Env-A 1803.01 – Env-A 1803.08
RSA 141-E:1, III; RSA 141-E:3, VIII and IX; RSA 141-E:4, XVI
Env-A 1804.01
RSA 141-E:3, X; RSA 141-E:4, XVI
Env-A 1804.02 & Env-A 1804.03
RSA 141-E:3, VI and X;
RSA 141-E:4, VI
Env-A 1804.04
RSA 141-E:3, X; RSA 141-E:4, XVI
Env-A 1804.05
RSA 141-E:4, XIII; RSA 141-E:12, II
Env-A 1805.01 – Env-A 1805.03
RSA 141-E:3, XI; RSA 141-E:4, XVI
Env-A 1806.01 – Env-A 1806.06
RSA 141-E:3, XI
40 CFR 61.145
Env-A 1806.07
RSA 141-E:3, XII; RSA 141-E:4, XVI(d); RSA 141-E:12, II
Env-A 1806.08
RSA 141-E:3, XI
40 CFR 61.145
Env-A 1806.09
RSA 141-E:3, X
Env-A 1807
RSA 141-E:3, VIII;
RSA 141-E:4, II & XVI(a)
Env-A 1808
RSA 141-E:3, VIII;
RSA 141-E:4, II & XVI(a)
Env-A 1809
RSA 141-E:3, VIII; RSA 141-E:4, II & XVI(a)
Env-A 1810
RSA 141-E:3, VIII;
RSA 141-E:4, II & XVI(a)
Env-A 1811.01
RSA 141-E:4, II(a)(3)
42 U.S.C. 7412; 40 CFR 61, Subpart M
Env-A 1811.02
RSA 141-E
15 U.S.C. 2643(m); 40 CFR 763, Subpart E
Env-A 1812
RSA 141-E:3, IX ; RSA 141-E :4, XVII
40 CFR 61.145 and 61.150
Env-A 1813
RSA 141-E:8 & 13
Env-A 1814
RSA 141-E:4, II & VIII
40 CFR 763, subpart E, Appendix C
Env-A 1815.01 – Env-A 1815.08
RSA 141-E:3, II; RSA 141-E:4, II, VII & VIII; RSA 141-E:10-11
Env-A 1815.09
RSA 141-E:3, III; RSA 141-E:4, II, IX & XI; RSA 141-E:12, I
Env-A 1815.10
RSA 141-E:4, II&VIII, RSA 141-E:10-11
Env-A 1816
RSA 141-E:3, II; RSA 141-E:4, II, VII & VIII; RSA 141-E:10-11
Env-A 1817
RSA 141-E:3, I and XXI; RSA 141-E:4, XV; RSA 141-E:10
Env-A 1817.04 & Env-A 1817.05
RSA 141-E:3, I, III and XXI; RSA 141-E:4, XV; RSA 141-E:10
Env-A 1817.10(c)(1)
RSA 141-E:4, XV; RSA 141-E:10
29 CFR 1910.120, 29 CFR 1926.1101
Env-A 1817.10(d)
RSA 141-E:4, XV; RSA 141-E:10
29 CFR 1910.1001 & 1910.1020; 29 CFR 1910.1101
Env-A 1818
RSA 141-E:3:II and XXI; RSA 141-E:4, XV; RSA 141-E:11
Env-A 1818.04 & Env-A 1818.07
RSA 141-E:3:II, III and XXI; RSA 141-E:4, XV; RSA 141-E:11
Env-A 1818.08(d)
RSA 141-E:4, XV; RSA 141-E:11
29 CFR 1910.120, 29 CFR 1926.1101
Env-A 1819
RSA 141-E:3, III; RSA 141-E:4, XV
Env-A 1819.01(b)
RSA 141-E:4, XV; RSA 141-E:11
29 CFR 1910.1001 & 1910.1020; 29 CFR 1910.1101
Env-A 1820
RSA 141-E:4, XII; RSA 541-A:22, IV
Appendix B: Information on Documents Incorporated by Reference
Rule (Env-A)
Title, Date
Obtain from:
1808.06(g)(1) 1809.01(b)(1) 1813.03(b)
Asbestos and Other Fibers by PCM: Method 7400, Issue 3, Fifth Edition, June 14, 2019
National Institute of Occupational Safety and Health (NIOSH) Manual of Analytical Methods (NMAM)
The material can be downloaded at no charge from: https://www.cdc.gov/niosh/nmam/pdf/7400.pdf
Appendix C: Statutory Definitions
125-C:2:
X. "Person," any individual, partnership, firm or co-partnership, association, company, trust, corporation, department, bureau, agency, private or municipal corporation, or any political subdivision of the state, the United States or political subdivisions or agencies thereof, or any other entity recognized by law as subject to rights and duties.
141-E:2:
I. “Asbestos” means amosite, chrysotile, crocidolite, or asbestiform tremolite, actinolite, or anthophyllite.
II. “Asbestos abatement” means any of the following activities:
(e) The repair of RACM to minimize the likelihood of fiber release from damaged areas. Repair may include, but shall not be limited to, application of duct tape, rewettable glass cloth, canvas, cement, or other suitable materials to seal exposed areas where asbestos fibers may be released, or repair of damaged, previously encapsulated, RACM with non-asbestos substitutes; and re-encapsulation or repair of enclosures around RACM.
III. “Asbestos disposal site” means land where asbestos waste exists, either in or on the ground, due to dumping activities which ceased by July 10, 1981. The term includes inactive disposal sites as defined by 40 CFR 61.141. The term does not include any disposal site which is subject to the permitting requirements of RSA 149-M.
IV. “Contractor” means any partnership, firm, association, corporation, or sole proprietorship which engages in asbestos abatement activities and/or activities involving the disturbance of asbestos at asbestos disposal sites.
VI. “Friable asbestos material” means any material that contains more than one percent of asbestos by weight, area, or volume and that can be crumbled, pulverized, or reduced to powder when dry by hand pressure.
VII. “Regulated asbestos-containing material” or “RACM” means:
(d) Category II non-friable asbestos-containing material, as defined by 40 CFR 61.141, that will likely become or has become crumbled, pulverized, or reduced to powder by the forces expected to act on the material in the course of demolition or renovation operations.
VIII. “School asbestos abatement planning” means any of the following activities:
(c) The design of asbestos abatement projects for school buildings.
e. Installation of electrical conduits through or proximate to asbestos-containing materials.
SSSD can be further defined by the following considerations:
j. Repairs, involving encapsulation, enclosure, or removal, to small amounts of friable ACM only if required in the performance of emergency or routine maintenance activity and not intended solely as asbestos abatement. Such work may not exceed amounts greater than those which can be contained in a single prefabricated mini-enclosure. Such an enclosure shall conform spatially and geometrically to the localized work area, in order to perform its intended containment function.
40 CFR 763.83
Asbestos-containing building material (ACBM) means surfacing ACM, thermal system insulation ACM, or miscellaneous ACM that is found in or on interior structural members or other parts of a school building.
High-efficiency particulate air (HEPA) refers to a filtering system capable of trapping and retaining at least 99.97 percent of all monodispersed particles 0.3 µm in diameter or larger.
School building means:
(6) Any exterior portion of a mechanical system used to condition interior space.
29 CFR 1910.1001(b)
PACM means “presumed asbestos containing material.”
29 CFR 1926.1101(b)
Amended water means water to which surfactant (wetting agent) has been added to increase the ability of the liquid to penetrate ACM.
IX. “Structural member” means any beam, ceiling, floor, or wall.
Appendix D: Federal Definitions
40 CFR 61.141:
All terms that are used in this subpart and are not defined below are given the same meaning as in the Act and in subpart A of this part.
Active waste disposal site means any disposal site other than an inactive site.
Adequately wet means sufficiently mix or penetrate with liquid to prevent the release of particulates. If visible emissions are observed coming from asbestos-containing material, then that material has not been adequately wetted. However, the absence of visible emissions is not sufficient evidence of being adequately wet.
Asbestos-containing waste materials means mill tailings or any waste that contains commercial asbestos and is generated by a source subject to the provisions of this subpart. This term includes filters from control devices, friable asbestos waste material, and bags or other similar packaging contaminated with commercial asbestos. As applied to demolition and renovation operations, this term also includes regulated asbestos-containing material waste and materials contaminated with asbestos including disposable equipment and clothing.
Asbestos mill means any facility engaged in converting, or in any intermediate step in converting, asbestos ore into commercial asbestos. Outside storage of asbestos material is not considered a part of the asbestos mill.
Asbestos tailings means any solid waste that contains asbestos and is a product of asbestos mining or milling operations.
Asbestos waste from control devices means any waste material that contains asbestos and is collected by a pollution control device.
Category I nonfriable asbestos-containing material (ACM) means asbestos-containing packings, gaskets, resilient floor covering, and asphalt roofing products containing more than 1 percent asbestos as determined using the method specified in appendix E, subpart E, 40 CFR part 763, section 1, Polarized Light Microscopy.
Category II nonfriable ACM means any material, excluding Category I nonfriable ACM, containing more than 1 percent asbestos as determined using the methods specified in appendix E, subpart E, 40 CFR part 763, section 1, Polarized Light Microscopy that, when dry, cannot be crumbled, pulverized, or reduced to powder by hand pressure.
Commercial asbestos means any material containing asbestos that is extracted from ore and has value because of its asbestos content.
Cutting means to penetrate with a sharp-edged instrument and includes sawing, but does not include shearing, slicing, or punching.
Demolition means the wrecking or taking out of any load-supporting structural member of a facility together with any related handling operations or the intentional burning of any facility.
Emergency renovation operation means a renovation operation that was not planned but results from a sudden, unexpected event that, if not immediately attended to, presents a safety or public health hazard, is necessary to protect equipment from damage, or is necessary to avoid imposing an unreasonable financial burden. This term includes operations necessitated by nonroutine failures of equipment.
Fabricating means any processing (e.g., cutting, sawing, drilling) of a manufactured product that contains commercial asbestos, with the exception of processing at temporary sites (field fabricating) for the construction or restoration of facilities. In the case of friction products, fabricating includes bonding, debonding, grinding, sawing, drilling, or other similar operations performed as part of fabricating.
Facility component means any part of a facility including equipment.
Friable asbestos material means any material containing more than 1 percent asbestos as determined using the method specified in appendix E, subpart E, 40 CFR part 763, section 1, Polarized Light Microscopy, that, when dry, can 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), verify the asbestos content by point counting using PLM.
Fugitive source means any source of emissions not controlled by an air pollution control device.
Glove bag means a sealed compartment with attached inner gloves used for the handling of asbestos-containing materials. Properly installed and used, glove bags provide a small work area enclosure typically used for small-scale asbestos stripping operations. Information on glove-bag installation, equipment and supplies, and work practices is contained in the Occupational Safety and Health Administration's (OSHA's) final rule on occupational exposure to asbestos (appendix G to 29 CFR 1926.58).
Grinding means to reduce to powder or small fragments and includes mechanical chipping or drilling.
In poor condition means the binding of the material is losing its integrity as indicated by peeling, cracking, or crumbling of the material.
Inactive waste disposal site means any disposal site or portion of it where additional asbestos-containing waste material has not been deposited within the past year.
Installation means any building or structure or any group of buildings or structures at a single demolition or renovation site that are under the control of the same owner or operator (or owner or operator under common control).
Leak-tight means that solids or liquids cannot escape or spill out. It also means dust-tight.
Malfunction means any sudden and unavoidable failure of air pollution control equipment or process equipment or of a process to operate in a normal or usual manner so that emissions of asbestos are increased. Failures of equipment shall not be considered malfunctions if they are caused in any way by poor maintenance, careless operation, or any other preventable upset conditions, equipment breakdown, or process failure.
Manufacturing means the combining of commercial asbestos—or, in the case of woven friction products, the combining of textiles containing commercial asbestos—with any other material(s), including commercial asbestos, and the processing of this combination into a product. Chlorine production is considered a part of manufacturing.
Natural barrier means a natural object that effectively precludes or deters access. Natural barriers include physical obstacles such as cliffs, lakes or other large bodies of water, deep and wide ravines, and mountains. Remoteness by itself is not a natural barrier.
Nonfriable asbestos-containing material means any material containing more than 1 percent asbestos as determined using the method specified in appendix E, subpart E, 40 CFR part 763, section 1, Polarized Light Microscopy, that, when dry, cannot be crumbled, pulverized, or reduced to powder by hand pressure.
Nonscheduled renovation operation means a renovation operation necessitated by the routine failure of equipment, which is expected to occur within a given period based on past operating experience, but for which an exact date cannot be predicted.
Outside air means the air outside buildings and structures, including, but not limited to, the air under a bridge or in an open air ferry dock.
Owner or operator of a demolition or renovation activity means any person who owns, leases, operates, controls, or supervises the facility being demolished or renovated or any person who owns, leases, operates, controls, or supervises the demolition or renovation operation, or both.
Particulate asbestos material means finely divided particles of asbestos or material containing asbestos.
Planned renovation operations means a renovation operation, or a number of such operations, in which some RACM will be removed or stripped within a given period of time and that can be predicted. Individual nonscheduled operations are included if a number of such operations can be predicted to occur during a given period of time based on operating experience.
Renovation means altering a facility or one or more facility components in any way, including the stripping or removal of RACM from a facility component. Operations in which load-supporting structural members are wrecked or taken out are demolitions.
Resilient floor covering means asbestos-containing floor tile, including asphalt and vinyl floor tile, and sheet vinyl floor covering containing more than 1 percent asbestos as determined using polarized light microscopy according to the method specified in appendix E, subpart E, 40 CFR part 763, section 1, Polarized Light Microscopy.
Roadways means surfaces on which vehicles travel. This term includes public and private highways, roads, streets, parking areas, and driveways.
Strip means to take off RACM from any part of a facility or facility components.
Structural member means any load-supporting member of a facility, such as beams and load supporting walls; or any nonload-supporting member, such as ceilings and nonload-supporting walls.
Visible emissions means any emissions, which are visually detectable without the aid of instruments, coming from RACM or asbestos-containing waste material, or from any asbestos milling, manufacturing, or fabricating operation. This does not include condensed, uncombined water vapor.
Waste generator means any owner or operator of a source covered by this subpart whose act or process produces asbestos-containing waste material.
Waste shipment record means the shipping document, required to be originated and signed by the waste generator, used to track and substantiate the disposition of asbestos-containing waste material.
Working day means Monday through Friday and includes holidays that fall on any of the days Monday through Friday.
40 CFR 763, Subpart E, Appendix C:
I. A. 8. “Small-scale, short-duration activities (SSSD)” are tasks such as, but not limited to: