1. (1) Scope and applicability.

   1. (a) Paragraph (2) of this rule contains the requirements an individual must meet in order to obtain an accreditation from the Commissioner to conduct asbestos activities in Tennessee.
   2. (b) Paragraph (3) of this rule establishes the minimum education and experience required for an individual to be accredited by the Commissioner as an asbestos inspector, asbestos management planner, asbestos supervisor, asbestos project designer, asbestos worker, or asbestos project monitor.
   3. (c) Paragraph (4) of this rule contains the work practice standards for each discipline.
   4. (d) Paragraph (5) establishes the requirements an individual must meet to be re-accredited in a particular discipline.
   5. (e) Paragraph (6) establishes the requirements a firm must meet to be accredited and re- accredited by the Commissioner to perform or offer to perform any asbestos activity in schools or public and commercial buildings in Tennessee.
   6. (f) No application presented for review by an individual or firm will be processed without the applicable supporting documentation and payment of the appropriate nonrefundable application fee. If an application for accreditation of an individual or firm under this rule is denied, the individual or firm may reapply upon filing a new, complete application and paying the appropriate, nonrefundable application fee.
   7. (g) Receipt and deposit of fees does not indicate approval of the application or guarantee the issuance of accreditation.
   8. (h) All required applications and supporting documentation shall be submitted via mail or through the State of Tennessee online internet application submission portal, if such a portal is available, in accordance with subparagraph (1)(d) of Rule 0400-13-02-.01.

2. (2) Accreditation of an individual.

   1. (a) 1. An individual shall not perform or offer to perform any asbestos activities in schools or public and commercial buildings in or for the State of Tennessee without first applying for and receiving accreditation as an asbestos inspector, asbestos management planner, asbestos supervisor, asbestos project designer, asbestos worker, or asbestos project monitor, as is appropriate to the asbestos activities to be performed by the individual, from the Commissioner and possessing a valid photo identification accreditation card for that discipline in accordance with the requirements of this rule.

      1. 2. Unless suspended, refused to be re-accredited, or revoked, in accordance with Rule 0400-13-02-.07, an individual’s accreditation lasts for one year and shall remain valid until the expiration date of the current course completion certificate of the individual’s most recent training course in the discipline.
      2. 3. Individuals performing any asbestos activities in schools or public and commercial buildings in or for the State of Tennessee shall be in possession of a valid State of Tennessee-issued photo accreditation identification card for the applicable discipline(s) being performed at all times while at the work site.
      3. 4. To receive a replacement accreditation identification card during the term of an accreditation, the individual shall, at least 30 days prior to the expiration of the current course completion certificate, submit the request on the appropriate form and pay the fee for a replacement accreditation identification card. Upon confirmation that the individual has the required current course completion certificate(s) on file, the Commissioner shall issue the individual a replacement accreditation identification card.

   2. (b) An individual seeking accreditation by the Commissioner to perform asbestos activities in schools or public and commercial buildings as an asbestos inspector, asbestos management planner, asbestos supervisor, asbestos project designer, asbestos worker, or asbestos project monitor shall submit to the Commissioner an application for the discipline(s) in which accreditation is sought on forms provided by the Commissioner. The form(s) shall be completed in accordance with the instructions accompanying each form. The following shall also be submitted to the Commissioner along with the application form(s):

      1. 1. Proof, to the satisfaction of the Commissioner, of meeting the requirements of paragraph (3) of this rule, which may include, but is not limited to, the following documents:
   3. (i) Copy of official academic transcripts or diploma, as evidence of meeting the applicable education requirements;
   4. (ii) Resumes, letters of reference, or documentation of work experience, as evidence of meeting the applicable work experience requirements;
   5. (iii) Course completion certificates from a Commissioner-accredited or recognized asbestos training program for the appropriate discipline(s), as evidence of meeting the training requirements. Except as otherwise allowed by Rule 0400-13-02-.04, course completion certificates issued by an asbestos training provider that was not accredited by the Commissioner at the time the course completion certificate was issued shall not be accepted; and

   6. (iv) For individuals seeking accreditation as a management planner, also submit both the applicable accredited inspector training course completion certificate and the management planner training course completion certificate.

      1. 2. The applicable nonrefundable application fee in subparagraph (2)(a) of Rule 0400- 13-02-.05;
      2. 3. A copy of a current course completion certificate for an initial training course in the appropriate discipline(s), and any refresher course completion certificate received in that discipline the previous year, if applicable;
      3. 4. One standard color passport photograph with each application for the asbestos discipline for which accreditation is sought; and
      4. 5. An attestation and documentation complying with the requirements of the Eligibility Verification for Entitlement Acts, T.C.A. §§ 4-58-101 to -110.
   7. (c) After an individual submits a complete application demonstrating compliance with all of the requirements of subparagraph (b) of this paragraph, the Commissioner will review the completed application and any additional information, including but not limited to work history from other sources. Any approval will include the issuance of an accreditation identification card. Any denial will include a letter describing any deficiency or reason for denial.
   8. (d) If an individual has filed an incomplete application for accreditation, the Commissioner will issue a letter to the individual stating the materials and information needed to complete the application. If the individual does not provide all materials and information needed to complete the application within 30 days of the letter, the Commissioner may deny the application.

3. (3) Requirements for accreditation of an individual in the appropriate discipline. To become accredited by the Commissioner as an asbestos inspector, asbestos management planner, asbestos supervisor, asbestos project designer, asbestos worker, or asbestos project monitor, an individual shall:

   1. (a) Successfully complete a Commissioner-accredited initial training course and pass the course’s closed book examination, consistent with 40 C.F.R. Part 763, Appendix C, for the appropriate discipline;

   2. (b) Meet or exceed the following experience and educational requirements:

      1. 1. Inspectors. A high school diploma (or equivalent).
      2. 2. Management Planner.
   3. (i) Have current credentials as a registered architect, certified industrial hygienist, licensed professional engineer, or certification in a related engineering, health, or environmental field (e.g., safety professional, environmental scientist);
   4. (ii) Have a bachelor’s degree and one year of experience in a related field (e.g., asbestos, lead, or environmental remediation work, or building construction);
   5. (iii) Have an associate degree and two years of experience in a related field (e.g., asbestos, lead, or environmental remediation work, or building construction); or

   6. (iv) Have a high school diploma and four years of experience in a related field (e.g., environmental remediation work, asbestos, lead, or in the building construction trades).

      1. 3. Supervisor.
   7. (i) Have at least one year of experience as an accredited asbestos worker (no specific level of education is required); or

   8. (ii) Have at least two years of experience in a related field (e.g., environmental remediation work, asbestos, lead) or in the building construction trades.

      1. 4. Project Designer.
   9. (i) Currently hold credentials as a registered architect, certified industrial hygienist, licensed professional engineer, or certification in a related engineering, health, or environmental field (e.g., safety professional, environmental scientist);
   10. (ii) Have a bachelor’s degree and one year of experience in a related field (e.g., asbestos, lead, or environmental remediation work, or building construction); or

   11. (iii) Have an associate degree and two years of experience in a related field (e.g., asbestos, lead, or environmental remediation work, or building construction).

       1. 5. Worker. No minimum experience or education requirements.
       2. 6. Project Monitor.
   12. (i) Currently hold credentials as a registered architect, certified industrial hygienist, licensed professional engineer or certification in a related engineering, health, or environmental field (e.g., safety professional, environmental scientist);
   13. (ii) Have a bachelor’s degree and one year of experience in a related field (e.g., asbestos, lead, or environmental remediation work, or building construction);
   14. (iii) Have an associate degree and two years of experience in a related field (e.g., asbestos, lead, or environmental remediation work, or building construction); or
   15. (iv) Have a high school diploma and four years of experience in a related field (e.g., environmental remediation work, asbestos, lead, or in the building construction trades and designs).

4. (4) An individual conducting asbestos activities shall comply with the work practice standards in subparagraphs (a) through (f) of this paragraph specific to the discipline for which that individual is accredited. An accredited individual shall not conduct asbestos activities appropriate to other disciplines for which accreditation or re-accreditation has not been obtained.

   1. (a) Asbestos Inspector.

      1. 1. An accredited asbestos inspector inspects, identifies, and provides written assessments of all friable known or assumed ACBM in schools and public and commercial buildings.
      2. 2. For each inspection and re-inspection, an accredited asbestos inspector shall sign and date the assessment and include the inspector’s Commissioner-issued accreditation number on all reports.
      3. 3. An accredited asbestos inspector shall classify and give reasons in the written assessment for classifying the ACBM, suspected ACBM, and assumed to be ACM in schools and public and commercial buildings into one of the following categories:
   2. (i) Damaged or significantly damaged thermal system insulation ACM;
   3. (ii) Damaged friable surfacing ACM;
   4. (iii) Significantly damaged friable surfacing ACM;
   5. (iv) Damaged or significantly damaged friable miscellaneous ACM;
   6. (v) ACBM with potential for damage;
   7. (vi) ACBM with potential for significant damage; or

   8. (vii) Any remaining friable ACBM or friable suspected ACBM.

      1. 4. An accredited asbestos inspector’s assessment must include the following considerations:
   9. (i) Location and the amount of the material, both in total quantity and as a percentage of the functional space; and

   10. (ii) Condition of the material, specifying:

       1. (I) Type of damage or significant damage (e.g., flaking, blistering, water damage, or other signs of physical damage);
       2. (II) Severity of damage (e.g., major flaking, severely torn jackets, as opposed to occasional flaking, minor tears to jackets); and
       3. (III) Extent or spread of damage over large areas or large percentages of the homogeneous area.
       4. 5. An accredited asbestos inspector shall determine whether the material is accessible.
       5. 6. An accredited asbestos inspector shall determine the material’s potential for disturbance.
       6. 7. An accredited asbestos inspector shall determine the known or suspected causes of damage or significant damage (e.g., air erosion, vandalism, vibration, water).
       7. 8. An accredited asbestos inspector shall determine preventive measures which might eliminate the reasonable likelihood of undamaged ACM from becoming significantly damaged.
       8. 9. An accredited asbestos inspector shall ensure that all bulk samples collected from school and public and commercial buildings shall be analyzed by an accredited laboratory.

   11. (b) Accredited Asbestos Management Planner.

       1. 1. An accredited asbestos management planner develops management plans to review the results of each inspection, re-inspection, and assessment for the school building and to conduct any other necessary activities to recommend in writing appropriate response actions to the local education agency.
       2. 2. An accredited asbestos management planner shall sign and date the recommendation and include the asbestos management planner’s Commissioner- issued accreditation number in the management plan.

   12. (c) Accredited Asbestos Supervisor.

       1. 1. An accredited asbestos supervisor may provide oversight (directly or indirectly) for the following activities with respect to friable ACBM in schools and public and commercial buildings:
   13. (i) Conducting a response action other than a SSSD activity;
   14. (ii) A maintenance activity that disturbs friable ACBM other than a SSSD activity; or

   15. (iii) A response action for a major fiber release episode.

       1. 2. An accredited asbestos supervisor shall use state-of-the-art work practices, which include the following:
   16. (i) Proper work practices for asbestos abatement activities, including proper construction; maintenance of barriers and decontamination enclosure systems; proper positioning of warning signs; lock-out of electrical and ventilation systems; proper working techniques for minimizing fiber release; use of wet methods; use of negative pressure exhaust ventilation equipment; use of HEPA vacuums; and proper clean-up and disposal procedures.
   17. (ii) Proper work practices for removal, encapsulation, enclosure, and repair of ACM; emergency procedures for unplanned releases; proper management of potential exposure situations; and appropriate transport and disposal procedures.

   18. (iii) New asbestos abatement-related techniques and methodologies may be used.

       1. 3. (i) One accredited asbestos supervisor is required to be at the worksite at all times while response actions are being conducted; and

   19. (ii) Accredited asbestos workers shall have access to an accredited asbestos supervisor throughout the duration of the project.

       1. 4. An accredited asbestos supervisor shall include the supervisor’s Commissioner- issued accreditation number on all reports.

   20. (d) Accredited Asbestos Project Designer.

       1. 1. An accredited asbestos project designer produces written specifications and designs for any of the following asbestos activities with respect to friable ACBM in a school or public and commercial building:
   21. (i) Any response action other than a SSSD maintenance activity;
   22. (ii) A maintenance activity that disturbs friable ACBM other than a SSSD maintenance activity; or

   23. (iii) A response action for a major fiber release episode.

       1. 2. An accredited asbestos project designer shall sign and date the written specification packet and include the project designer’s Commissioner-issued accreditation number.
       2. 3. Duties of an accredited project designer are inclusive of, but not limited to, the following activities: determination of the scope of work; work sequence; performance standards for response actions, including preparation of specifications and plans; and contract documents used with respect to the handling of friable and non-friable ACBM. The project design also includes: techniques for completing an initial cleaning of the work area; the rationale behind establishment of functional spaces; written diagrams and methods of diagramming all containment barriers; a written rationale for air clearance; and the clarification of what constitutes a complete visual clearance.

   24. (e) Accredited Asbestos Worker.

       1. 1. An accredited asbestos worker is responsible for carrying out any of the following activities with respect to friable ACBM in schools and public and commercial buildings:
   25. (i) A response action other than a SSSD maintenance activity;
   26. (ii) A maintenance activity that disturbs friable ACBM other than a SSSD maintenance activity; or

   27. (iii) A response action for a major fiber release episode.

       1. 2. An accredited asbestos worker shall provide the worker’s Commissioner-issued accreditation upon request.

   28. (f) Accredited Asbestos Project Monitor.

       1. 1. An accredited asbestos project monitor monitors response actions and generally serves as the building owner’s representative to ensure compliance with contract and job specifications and regulatory requirements, except for projects that are SSSD activities. The functional role of an asbestos project monitor is specific to a particular response action and is inclusive of:
   29. (i) Performing visual audits of a job site before, during, and after a response action is undertaken; and

   30. (ii) Performing air monitoring as a part of a response action or for the purpose of clearing a response action.

       1. 2. An accredited asbestos project monitor shall sign and date the written report and include the asbestos project monitor’s Commissioner-issued accreditation number.
       2. 3. At the conclusion of any response action to remove, encapsulate, or enclose ACBM or material assumed to be ACBM, except for projects that are SSSD activities, the accredited project monitor shall conduct the following activities to determine the completion of a response action:
   31. (i) Visually inspect each functional space where such action was conducted to determine whether the action has been properly completed; and

   32. (ii) Collect clearance air samples using aggressive sampling in accordance with 40 C.F.R. Part 763 Subpart E (Asbestos-Containing Materials in Schools) Appendix A (Interim Transmission Electron Microscopy Analytical Methods – Mandatory and Non-Mandatory – and Mandatory Section to Determine Completion of Response Actions), to determine completion of response actions involving ACBM or material assumed to be ACBM, other than small- scale, short-duration activities. Samples shall be analyzed for asbestos using one of the following methods:

       1. (I) Transmission Electron Microscopy (“TEM”) using laboratories accredited by the National Institute of Standards and Technology’s (NIST) National Voluntary Laboratory Accreditation Program (NVLAP); or
       2. (II) Phase contrast microscopy (“PCM”) for monitoring samples collected for clearance purposes to confirm completion of response action (removal, encapsulation, or enclosure) of ACBM or materials assumed to be ACBM that is greater than SSSD and less than or equal to 160 square feet or 260 linear feet. To determine the amount of ACBM affected, the asbestos project monitor adds the total square or linear footage of ACBM within the containment barriers used to isolate the functional space for the action to remove, encapsulate, or enclose the ACBM or materials assumed to be ACBM (Contiguous portions of material subject to such action conducted concurrently or at approximately the same time within the same school building shall not be separated to qualify under this item).
       3. 4. When the clearance air samples are collected in accordance with subitem 3.(ii)(I) of this subparagraph, an accredited asbestos project monitor shall consider the response action complete if either subpart (i) or (ii) of this part are met:
   33. (i) The three blank samples have an arithmetic mean of the asbestos structure concentration on the blank filters that is less than or equal to 70 s/mm2 and the average airborne asbestos concentration measured inside the abatement area is not statistically higher than the average airborne asbestos concentration measured outside the abatement area as determined by the Z-test calculation found in 40 C.F.R. Part 763, Appendix A of Subpart E. The response action is considered complete if Z is less than or equal to 1.65; or

   34. (ii) If the volume of air drawn for each of the five samples collected within the affected functional space is equal to or greater than 1,199 liters (L) of air for a 25 mm filter or equal to or greater than 2,799 L of air for a 37 mm filter and the average concentration of asbestos as analyzed by the TEM method in 40 C.F.R. Part 763, Appendix A of subpart E, for the five air samples does not exceed 70 s/mm2.

       1. 5. When the clearance air samples are collected in accordance with subitem 3.(ii)(II) of this subparagraph, an accredited asbestos project monitor shall not consider the response action complete until the results of samples collected in the affected functional space and analyzed by phase contrast microscopy (PCM) using the National Institute for Occupational Safety and Health (“NIOSH”) Method 7400 entitled “Fibers” published in the NIOSH Manual of Analytical Methods, 3rd Edition, Second Supplement, August 1987, show that the concentration of fibers for each of the five samples is less than or equal to a limit of quantitation for PCM (0.01 fibers per cubic centimeter (0.01 f/cm3) of air).
       2. 6. An accredited asbestos project monitor shall ensure that air samples meet the following work practice standards:
   35. (i) In a school or public and commercial building air samples shall be analyzed by TEM by using laboratories accredited by the National Institute of Standards and Technology’s (NIST) National Voluntary Laboratory Accreditation Program (NVLAP);
   36. (ii) In a school when the area is greater than a small-scale, short-duration activity and less than or equal to 160 square feet or 260 linear feet, air samples may be analyzed by phase contrast microscopy (“PCM”) using the NIOSH Method 7400 by a laboratory enrolled in the American Industrials Hygiene Association Proficiency Analytical Testing Program; and
   37. (iii) In a public or commercial building when the area is greater than or equal to 160 square feet or 260 linear feet, air samples may be analyzed by PCM using a laboratory enrolled in the American Industrials Hygiene Association Proficiency Analytical Testing Program.

5. (5) Re-Accreditation of Individuals.

   1. (a) To maintain accreditation in a particular discipline, an accredited individual shall submit the following within 60 days prior to the expiration date of their current accreditation:

      1. 1. A complete re-accreditation application, which shall include all information required for initial accreditation in the respective asbestos discipline;
      2. 2. Proof of a current refresher training completion certificate in the respective asbestos discipline;
      3. 3. One standard two-inch by two-inch color passport photograph; and
      4. 4. The appropriate nonrefundable re-accreditation application fee in accordance with subparagraph (2)(a) of Rule 0400-13-02-.05.
   2. (b) Upon receiving the information required by subparagraph (a) of this paragraph, the Commissioner shall issue the individual a new accreditation identification card that expires on the expiration date of the current refresher training completion certificate filed with the individual’s re-accreditation application.

6. (6) Accreditation and Re-Accreditation of Firms.

   1. (a) A firm shall not perform or offer to perform any asbestos activity in schools or public and commercial buildings in Tennessee unless that firm is accredited by the Commissioner.

   2. (b) A firm seeking accreditation or re-accreditation shall submit to the Commissioner:

      1. 1. A completed application on forms provided by the Commissioner;
      2. 2. The appropriate nonrefundable application fee in accordance with subparagraph (2)(a) of Rule 0400-13-02-.05;
      3. 3. A letter attesting that when conducting asbestos activities in schools or public and commercial buildings, the firm shall:
   3. (i) Only employ Tennessee-accredited individuals;
   4. (ii) Ensure that accredited individuals perform only the tasks specific to their respective accredited disciplines; and

   5. (iii) Ensure that while performing these tasks, the firm complies with the work practice standards of paragraph (4) of this rule; and

      1. 4. For an initial accreditation, if the firm is a sole proprietor, general partnership, or other business entity where individuals shall hold the right to all or part of the accreditation, an attestation and documentation for each such individual complying with the requirements of the Eligibility Verification for Entitlements Act, T.C.A. §§ 4-58-101 to -110.
   6. (c) Following the submission of a complete firm application in accordance with subparagraph (b) of this paragraph, the Commissioner will review the completed application and any additional information, including but not limited to work history from other sources, and respond with either an accreditation certificate or a denial letter. The Commissioner will not approve a firm’s application for accreditation if the Commissioner determines that the requirements of this chapter are not met or the regulatory or environmental compliance history of the firm, its principals, or its key employees demonstrates an unwillingness or inability to maintain compliance with this chapter. The Commissioner may consider regulatory or environmental compliance history in other jurisdictions aside from Tennessee. An administrative or judicial finding of a violation, or execution of a consent agreement and order constitutes evidence of prior unwillingness or inability to maintain compliance. The Commissioner will send the firm a letter giving the reason for not approving the application. A firm may reapply for accreditation at any time by filing a new, complete application that includes all the information required in subparagraph (b) of this paragraph.
   7. (d) A firm shall maintain the following records for three years: personnel employment, contracts for performance, final asbestos abatement reports, and clearance air monitoring reports. The retention period for all records required under this subparagraph shall be extended for the duration of any enforcement action against a firm.
   8. (e) Upon request, the Commissioner shall be allowed to review relevant documents to determine a firm’s compliance with these rules.
   9. (f) Unless the Commissioner revokes, denies re-accreditation, or suspends the accreditation in accordance with Rule 0400-13-02-.07, the accreditation shall be valid for three years from the last day of the month of issuance.

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.