1. (1) General.

   1. (a) Scope and applicability.

      1. 1. This chapter contains procedures and requirements for the accreditation of asbestos training programs, individuals, and firms performing asbestos activities. This chapter outlines the responsibilities and limitations of each accredited asbestos training program, individual, and firm.
      2. 2. This chapter applies to all individuals and firms who perform or offer to perform asbestos activities in schools or public and commercial buildings, as defined in paragraph (2) of this rule.
      3. 3. This chapter does not apply to small-scale, short-duration activities conducted in schools or public and commercial buildings.
      4. 4. Each department, agency, and instrumentality of executive, legislative, and judicial branches of the federal government and the State of Tennessee having jurisdiction over any property or facility, or engaging in any asbestos activities, and each officer, agent, or employee thereof, shall be subject to, and comply with the requirements of this chapter.

   2. (i) Inclusions:

      1. (I) This chapter does not exempt a Local Education Agency (“LEA”) from complying with the requirements outlined in the federal Asbestos Hazard Emergency Response Act and 40 C.F.R. Part 763, Subpart E Asbestos-Containing Materials in Schools regulations;
      2. (II) An LEA and its employee(s) shall comply with this chapter; and
      3. (III) Firms, which include general contractors, consultants, staffing services, and subcontractors, hired by an LEA to perform asbestos activities shall comply with the requirements of this chapter.

   3. (ii) Exemptions:

      1. (I) LEAs and their employees are exempt from paying application fees outlined in Rule 0400-13-02-.05 when individuals conducting the asbestos activity or activities are employed directly by LEAs and their school systems to ensure their compliance with AHERA, as defined in paragraph (2) of this rule.

         1. I. The exemption in item (I) of this subpart includes custodial and maintenance employees and designated individuals responsible to ensure that LEAs comply with AHERA. II. The exemption in item (I) of this subpart does not apply to individuals, even though employed by the LEA, conducting asbestos activities in buildings not owned or operated by the LEA.

            1. (II) Federal, state, and local regulatory agencies are exempt from this chapter when performing compliance inspections for the purpose of determining adherence to applicable statutes or regulations, and not to locate, assess, or remedy the condition of asbestos-containing building material.
            2. 5. Nothing in this chapter requires the performance of asbestos activities.

            3. (b) As used in this chapter:

               1. 1. Words in the masculine gender also include the feminine and neuter genders;
               2. 2. Words in the singular include the plural; and
               3. 3. Words in the plural include the singular.
            4. (c) The rules in this chapter are organized, numbered, and referenced according to the following outline form:

            5. (1) Paragraph

               1. (a) Subparagraph

                  1. 1. Part

               2. (i) Subpart

                  1. (I) Item

                     1. I. Subitem

                        1. A. Section

                           1. (A) Subsection
                           2. (d) The Commissioner may make forms available electronically or allow these applications or information to be submitted electronically and, if submitted electronically, then that electronic submission shall comply with the requirements of Chapter 0400-01-40.

                           3. (2) Definitions. When used in this chapter, the following terms have the following meanings unless otherwise specified:

                              1. (a) “Accessible” when referring to ACM means that the material is subject to disturbance by school building occupants or custodial or maintenance personnel in the course of their normal activities.
                              2. (b) “Accredited” or “accreditation” when referring to an individual, firm, or training provider means that the Commissioner has issued an accreditation certificate to a firm or training provider or issued an accreditation identification card to an individual pursuant to this chapter, and when referring to a laboratory means that the laboratory entity is accredited in accordance with 15 U.S.C. § 2646.
                              3. (c) “Asbestos” means the asbestiform varieties of chrysotile (serpentine), crocidolite (riebeckite), amosite (cummingtonite-grunerite), anthophyllite, tremolite, and actinolite.
                              4. (d) “Asbestos activities” means providing an initial or refresher asbestos training course(s); conducting asbestos inspections, asbestos response actions, asbestos project monitoring; or preparing asbestos management plans or asbestos project designs.
                              5. (e) “Asbestos-containing material” or “ACM” means any material or product which contains more than one percent (1%) asbestos.
                              6. (f) “Asbestos-containing building material” or “ACBM” means surfacing ACM, thermal system insulation ACM, or miscellaneous ACM found in or on interior structural members or other parts of a school building or public and commercial buildings.
                              7. (g) “Asbestos Hazard Emergency Response Act” or “AHERA” means the Asbestos Hazard Emergency Response Act of 1986, as amended, 15 U.S.C.§§ 2641 – 2656, and its associated regulations, 40 C.F.R. §§ 763.80 – 763.99.
                              8. (h) “Asbestos inspector” or “inspector” means an individual who has successfully completed the required three-day asbestos inspector training course to conduct asbestos inspections in schools and public and commercial buildings to identify all locations of friable and non-friable asbestos-containing building material, identify the type of asbestos-containing building material, and determine its classification and condition.
                              9. (i) “Asbestos management planner” or “management planner” means an individual who has successfully completed the three-day asbestos inspector and two-day management planner training courses to conduct asbestos inspections and risk assessments, determine the appropriate response actions, and to prepare an asbestos management plan for use in schools.
                              10. (j) “Asbestos project designer” or “project designer” means an individual who has successfully completed the three-day asbestos project designer training to design any of the following activities with respect to asbestos-containing building material in schools or public and commercial buildings: response actions other than a small-scale short duration maintenance activity, maintenance activities that disturb asbestos-containing building material other than a small-scale short duration maintenance activity, or response actions for a major fiber release episode.
                              11. (k) “Asbestos project monitor” or “project monitor” means an individual who has successfully completed the five-day asbestos project monitor training to observe response actions performed by a firm or individual and generally serves as a building owner’s representative to ensure that abatement work is completed according to the specifications and in compliance with all relevant statutes and regulations. The asbestos project monitor performs the vital role of collecting clearance air samples to confirm the completion of a response action involving friable and non-friable asbestos-containing material and asbestos-containing building material.
                              12. (l) “Asbestos supervisor” or “supervisor” means an individual who has successfully completed the required five-day asbestos supervisor training to provide oversight or supervision of asbestos response actions performed in schools or public and commercial buildings. An accredited supervisor may directly or indirectly supervise, oversee, and provide direction to asbestos workers performing response actions. An asbestos supervisor may be an individual with the position title of foreman, working foreman, or lead man pursuant to the accredited supervisor’s company’s policy.
                              13. (m) “Asbestos training course” or “training course” means an initial or refresher asbestos training course, including an online refresher asbestos training course, in any of the following disciplines: worker, inspector, management planner, project designer, supervisor, and project monitor.
                              14. (n) “Asbestos worker” or “worker” means an individual who has successfully completed the required four-day accredited asbestos worker training course to be responsible in a non- supervisory capacity to carry out the following activities with respect to friable asbestos- containing building material in schools or public and commercial buildings: a response action, other than a small-scale, short duration activity; a maintenance activity that disturbs friable asbestos-containing building material other than a small-scale, short duration activity; or a response action for a major fiber release episode.
                              15. (o) “Asynchronous online course” means a course that allows students to view instructional materials at any time they choose at any location and does not include a live video lecture component.
                              16. (p) “Building” means any structure having two or more walls and a roof/ceiling.
                              17. (q) “Building owner” means the person in whom legal title to the premises is vested unless the premises are held in trust, in which instance the building owner means the person in whom beneficial title is vested.
                              18. (r) “Clearance air samples” mean air samples collected to confirm the completion of removal, encapsulation, or enclosure of ACBM, or assumed to be ACBM, prior to the re- occupancy of the contained work area by the public.
                              19. (s) “Commissioner” means the Commissioner of the Tennessee Department of Environment and Conservation or the Commissioner’s designee.
                              20. (t) “Contained work area” means designated rooms, spaces, or other areas where response actions are being performed, including decontamination area(s), that are separated from the uncontaminated environment by polyethylene sheeting or other materials used in conjunction with the existing floors, ceiling, and walls of the structure or building.
                              21. (u) “Course agenda” means an outline of the key topics to be covered during an accredited asbestos training course in the appropriate discipline, which shall include the time allotted to teach each topic, hands-on training and assessment, and the name(s) of the instructor(s).
                              22. (v) “Course completion certificate” means a training course certificate issued to a student that successfully completes the requirements outlined in paragraph (4) of Rule 0400-13- 02-.02 for a specific discipline and has passed the course examination with a grade of 70% or greater.
                              23. (w) “Course student roster” means a list of names of every individual who attended a specific training course and whether they completed, passed, or failed.
                              24. (x) “Course test blueprint” means a written document identifying the proportion of the course test questions devoted to each major topic in the course curriculum.
                              25. (y) “Current certificate” means a training course completion certificate for a training course that an individual completed not more than 12 months before the current date.
                              26. (z) “Department” means the Tennessee Department of Environment and Conservation.
                              27. (aa) “Discipline” means one of the specific types or categories of asbestos activities identified in this chapter for which individuals may receive training from accredited training providers and become accredited by the Commissioner. Accredited asbestos “disciplines” are: worker, supervisor, inspector, management planner, project designer, and project monitor.
                              28. (bb) “EPA” means the United States Environmental Protection Agency.
                              29. (cc) “Encapsulation” means the treatment of asbestos-containing building material with a material that surrounds, or embeds asbestos fibers in an adhesive matrix to prevent release of asbestos fibers, as the encapsulant creates a membrane over the surface (bridging encapsulant) or penetrates the material and binds its components together (penetrating encapsulant).
                              30. (dd) “Enclosure” means an airtight, impermeable, permanent barrier around asbestos- containing building material to prevent the release of asbestos fibers into the air.
                              31. (ee) “Firm” means a company, corporation, partnership, sole proprietor, commercial enterprise, business entity, contractor, subcontractor, consultant, commission, state agency, county governmental body, municipality, party, association, staffing service, or any private or public legal entity; any Indian tribe; any interstate body; any departmental agency or instrumentality of the federal government, or two or more individuals or persons that carry on business. For the purposes of this chapter, employees of the firm include individuals whom the firm subcontracts.
                              32. (ff) “Friable asbestos-containing material” means any material containing more than 1% asbestos which has been applied on ceilings, walls, structural members, piping, duct work, or any other part of a building which, when dry, may be crumbled, pulverized, or reduced to a powder by hand pressure. The term includes non-friable asbestos- containing material after such previously non-friable material becomes damaged to the extent that when dry it may be crumbled, pulverized, or reduced to powder by hand pressure.
                              33. (gg) “Friable asbestos-containing building material” means any friable asbestos-containing material that is in or on interior structural members or other parts of a school or public and commercial building. This term also includes previously non-friable ACM that is in or on interior structural members or other parts of a school or public and commercial building after such material becomes damaged to the extent that, when dry, it can be or has been crumbled, pulverized, or reduced to powder.
                              34. (hh) “Functional space” means a room, group of rooms, or homogeneous area (including crawl spaces or the space between a dropped ceiling and the floor or roof deck above), such as classroom(s), cafeteria, gymnasium, and hallway(s), that is designated by an individual accredited to prepare management plans, design abatement projects, or conduct response actions.
                              35. (ii) “Guest instructor” means an individual designated by the accredited training program manager or principal instructor to provide instruction specific to the lecture, hands-on training exercises, or work practice components of a training course.
                              36. (jj) “Hands-on training assessment” means an evaluation that tests the student’s ability to satisfactorily perform the work practices and procedures taught in an accredited asbestos training course.
                              37. (kk) “Hands-on training exercise” means any activity that requires the student to practice performing a work task or procedure. “Hands-on training exercise” does not include an exercise or activity in which the instructor shows a student how to perform a task without requiring the student to perform the task.
                              38. (ll) “High-efficiency particulate air” or “HEPA” means a filtering system capable of trapping and retaining at least 99.97 percent of all monodispersed particles 0.3 µm in diameter or larger.
                              39. (mm) “Homogeneous area” means an area of surfacing material, thermal system insulation material, or miscellaneous material that is uniform in color and texture.
                              40. (nn) “Initial training course” means a training course required for initial accreditation in a specific discipline under this chapter.

                              41. (oo) “Inspection” means an activity undertaken in a school building, or a public and commercial building to determine the presence, location, or assess the condition of friable or non-friable asbestos-containing building material or suspected asbestos- containing building material, whether by visual or physical examination, or by collecting samples of such material. “Inspection” includes re-inspections of friable or non-friable known or assumed asbestos-containing building material which has been previously identified by an accredited inspector. For the purposes of this chapter, “inspection” does not include:

                                  1. 1. Periodic surveillance conducted solely for the purpose of recording or reporting a change in the condition of known or assumed asbestos-containing building material;
                                  2. 2. Inspections performed by employees or agents of federal, state, or local government solely for the purpose of determining compliance with applicable statutes or regulations; or
                                  3. 3. Visual inspections conducted solely for the purpose of determining completion of response actions.
                              42. (pp) “Learning objective” means the knowledge, skills, abilities, and behaviors a student is expected to obtain from a given instructional activity.

                              43. (qq) “Local Education Agency” or “LEA” means:

                                  1. 1. A public board of education or other public authority legally constituted within a state for either administrative control or direction of, or to perform a service function for, public elementary schools or secondary schools in a city, county, township, school district, or other political subdivision of a state, or for a combination of school districts or counties that is recognized in a state as an administrative agency for its public elementary schools or secondary schools;
                                  2. 2. The owner of any non-public, non-profit elementary or secondary school building; and
                                  3. 3. The governing authority of any school operated under the defense dependents’ education system provided for under the Defense Dependents’ Education Act of 1978 (20 U.S.C. §§ 921 to 932).
                              44. (rr) “Major fiber release episode” means 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 asbestos-containing building material.
                              45. (ss) “Management Plan” means a document required by EPA to be developed by local education agencies as set forth in 40 C.F.R. Part 763 Subpart E Asbestos-Containing Materials in Schools that shall be developed by an accredited management planner.
                              46. (tt) “Minor fiber release episode” means any 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 asbestos-containing building material.
                              47. (uu) “Miscellaneous material” means interior building material on structural components, structural members, or fixtures, such as floor and ceiling tiles, and does not include surfacing material or thermal system insulation material.
                              48. (vv) “NESHAP” means the National Emission Standard Hazardous Air Pollutants.
                              49. (ww) “Non-friable asbestos material” means an asbestos-containing material used in a school or public and commercial building which, when dry, cannot be crumbled, pulverized, or reduced to a powder by hand pressure.
                              50. (xx) “Online refresher training course” means a refresher training course curriculum presentation taken through web-based technology that is accessed through a network- enabled system using a computer whereby the student can watch and hear with or without the ability to interact with the instructor while the course is in progress.
                              51. (yy) “Operation and maintenance program” or “O&M program” means a program of work practices to maintain friable asbestos-containing building material in good condition, ensure clean-up of asbestos fibers previously released, and prevent further release by minimizing and controlling friable asbestos-containing building material disturbance or damage.
                              52. (zz) “Oversight” means to directly observe an asbestos activity or response action for the purpose of determining compliance with contractual, performance, or regulatory standards.
                              53. (aaa) “Person” means any individual, firm, business entity, governmental body, public entity, or private entity.

                              54. (bbb) “Potential damage” means circumstances in which:

                                  1. 1. Friable ACBM is in an area regularly used by building occupants, including maintenance personnel, in the course of their normal activities; or
                                  2. 2. There are indications that there is a reasonable likelihood that the material or its covering will become damaged, deteriorated, or delaminated due to factors such as changes in building use, changes in operations and maintenance practices, changes in occupancy, or recurrent damage.

                              55. (ccc) “Potential significant damage” means circumstances in which:

                                  1. 1. Friable ACBM is in an area regularly used by building occupants, including maintenance personnel, in the course of their normal activities;
                                  2. 2. There are indications that there is a reasonable likelihood that the material or its covering will become significantly damaged, deteriorated, or delaminated due to factors such as changes in building use, changes in operations and maintenance practices changes in occupancy, or recurrent damage; or
                                  3. 3. The material is subject to major or continuing disturbance, due to factors including, but not limited to, accessibility or under certain circumstances, vibration, or air erosion.
                              56. (ddd) “Principal instructor” means the individual who has the primary responsibility for organizing and teaching an accredited asbestos training course.
                              57. (eee) “Project design” means a specific, detailed description of the procedures, processes, and engineering controls that is developed and documented to address an asbestos project, which may include but is not limited to: plans, drawings and specifications that recommend or establish the scope of work, standards of workmanship, equipment specifications or utilization, construction standards, alternative response action, courses of actions, or response action health and safety controls.
                              58. (fff) “Public and commercial building” means the interior space of any building which is not a school building, except that the term does not include any residential apartment building of fewer than 10 units or detached single-family homes. The term includes but is not limited to: industrial and office buildings, residential apartment buildings and condominiums of 10 or more dwelling units, government-owned buildings, colleges, museums, airports, hospitals, churches, preschools, stores, warehouses, and factories. Interior space includes exterior hallways connecting buildings, porticos, and mechanical systems used to condition interior space.
                              59. (ggg) “Reciprocity” means a written cooperative or interchange of privileges between the State of Tennessee and consenting EPA-authorized states or EPA-authorized Indian Tribes.
                              60. (hhh) “Recognized laboratory” means a laboratory entity that is accredited in accordance with 15 U.S.C. § 2646(d).
                              61. (iii) “Refresher training course” means a training course accredited by the Commissioner as an annual, supplemental training course for an individual engaged in a specific discipline.
                              62. (jjj) “Removal” means the taking out or the stripping of any asbestos-containing building material from a damaged area, a functional space, or a homogeneous area in a school or public and commercial building.
                              63. (kkk) “Repair” means returning damaged asbestos-containing building material to an undamaged condition or to an intact state so as to prevent a fiber release.
                              64. (lll) “Response action” means a method, including removal, encapsulation, enclosure, repair, and operations and maintenance, that protects human health and the environment from friable asbestos-containing building material. (mmm)“Responsible official” means an individual with the authority to act on behalf of a training provider and to make decisions that bind the training provider.
                              65. (nnn) “School” means any elementary or secondary school as defined in Section 198 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. § 2854) as of the effective date of this rule.

                              66. (ooo) “School building” means:

                                  1. 1. Any structure suitable for use as a classroom, including a school facility such as a laboratory, library, school eating facility, or facility used for the preparation of food;
                                  2. 2. Any gymnasium or other facility which is specially designed for student athletic or recreational activities;
                                  3. 3. Any other facility used for the instruction or housing of students or for the administration of educational or research programs;
                                  4. 4. Any maintenance, storage, or utility facility, including any hallway, essential to the operation of any facility described in subparagraphs (a), (b), or (c) of this definition;
                                  5. 5. Any portico or covered exterior hallway or walkway of any facility described in subparagraphs (a), (b), or (c) of this definition; and
                                  6. 6. Any exterior portion of a mechanical system used to condition interior space of any facility described in subparagraphs (a), (b), or (c) of this definition.
                              67. (ppp) “Significantly damaged friable miscellaneous ACM” means damaged friable miscellaneous ACM where the damage is extensive and severe.
                              68. (qqq) “Significantly damaged friable surfacing ACM” means damaged friable surfacing ACM in a functional space where the damage is extensive and severe.

                              69. (rrr) “Small-scale, short-duration activities” or “SSSD” means tasks such as, but not limited to:

                                  1. 1. Removal of asbestos-containing insulation on pipes;
                                  2. 2. Removal of small quantities of asbestos-containing insulation on beams or above ceilings;
                                  3. 3. Replacement of an asbestos-containing gasket on a valve;
                                  4. 4. Installation of electrical conduits through or proximate to asbestos-containing materials;
                                  5. 5. Installation or removal of a small section of drywall;
                                  6. 6. Removal of small quantities of asbestos-containing material only if required in the performance of another maintenance activity not intended as asbestos abatement;
                                  7. 7. Removal of asbestos-containing thermal system insulation not to exceed amounts greater than those which can be contained in a single glove bag;
                                  8. 8. Minor repairs to damaged thermal system insulation which does not require removal;
                                  9. 9. Repairs to a piece of asbestos-containing wallboard; and
                                  10. 10. Repairs, involving encapsulation, enclosure, or removal, to small amounts of friable asbestos-containing material only if required in the performance of emergency or routine maintenance activity and not intended solely as asbestos abatement. Such work may not exceed the amounts greater than those which can be contained in a single prefabricated mini-enclosure (e.g., a glove bag). If used, such an enclosure shall conform spatially and geometrically to the localized work area to perform its intended containment function.
                              70. (sss) “Surfacing material” means material in a school or public and commercial building that is sprayed-on, troweled-on, or otherwise applied to surfaces, such as acoustical plaster on ceilings and fireproofing materials on structural members, or other materials on surfaces for acoustical, fireproofing, or other purposes.
                              71. (ttt) “Synchronous online course” means an online course that is delivered live and that students are required to log in and participate in at a specific time.
                              72. (uuu) “Thermal system insulation material” means material in a school or public and commercial building applied to pipes, fittings, boilers, breeching, tanks, ducts, or other interior components to prevent heat loss or gain, water condensation, or for other purposes.
                              73. (vvv) “Training curriculum” or “training course” means a course that meets or exceeds the established set of course topics set forth in paragraph (4) of Rule 0400-13-02-.02 for a particular discipline to provide asbestos specialized instructions and hands-on training. (www)“Training hour” means at least 50 minutes of actual instruction, including but not limited to: time devoted to lecture, learning objectives, small group activities, demonstrations, evaluations, hands-on training exercises, or any combination of lecture, activity, demonstration, evaluation, or hands-on training exercise. Training hours do not include registration, breaks, or meals.
                              74. (xxx) “Training manager” means the individual who is responsible for administering the accredited training program and for monitoring the performance of principal and guest instructors to ensure the training provider’s compliance with the requirements of Rule 0400-13-02-.02.
                              75. (yyy) “Training provider” means the individual or firm that applies for or that has received accreditation from the Commissioner to conduct asbestos training in Tennessee and is responsible for complying with the applicable requirements of Rule 0400-13-02-.02.
                              76. (zzz) “TSCA” means the Toxic Substances Control Act, 15 U.S.C. §§ 2601 to 2692. (aaaa)“Visible emission” means any emission which is visually detected without the aid of instruments and which contains particulates of asbestos material.

Authority: T.C.A. §§ 4-5-201, et seq.; 11-1-101; and 62-41-101, et seq. Administrative History: New rules filed February 19, 2025; effective May 20, 2025. Chapter was transferred from 1200-01-20 which was repealed.