I work for an independently owned manufacturing facility in the state of Virginia.  My job is the Asbestos and Lead Coordinator for the site, with my main priorty being the awareness and protection of our site employees from exposure to asbestos and lead.  I hold a license as an asbestos supervisor, lead supervisor, lead project designer, and lead inspector.  I also have attended the accredited training as an asbestos inspector, asbestos project monitor, and lead risk assessor.  My comment is why is the regulation different in regard to me performing asbestos project monitor work on my site as long as I have the accredited training, and am only performing such work on our property?  Page 2 of the regulations has the following footnote:  *Employees who conduct asbestos response actions, inspections, prepare management plans or project designs for their employer, on property owned or leased by the employer, are exempt from Virginia asbestos licensure; however, they are required to meet all OSHA and EPA training requirements.  I was wondering if leaving project monitor work may have just been an oversight when this was written, and could possibly be included?  We employ an independent contractor to perform our abatement work, so I have no affiliation or interest in the company.  I would appreciate your consideration on this matter.

In reading the changes regarding project monitors, one thing is not absolutely clear.  What are the duties of the contractor and the individual asbestos license holders when the owner has been properly notified in writing that a project monitor (pm) is required and the owner does not hire a project monitor.  The regulations should be clear in the requirements and results that the Board anticipates.  For example if the contractor starts and the owner does not hire the project monitor, are the licenses of all in peril?  Should the contractor notify an appropriate agency and what is that agency?  What does the contractor do if the owner says they hired a pm and none shows on the job?  Is it the responsibility of the contractor to confirm the license and training of the pm on each job?  Before these situations happen (and they will), the Board should address them either in the regulation or in a directive to all people holding a license.

My suggestion is that all notices submitted for abatement should be required to include the name and particulars of each pm or at least the information on the company that has been retained and a list of the pm's that may show on the job.  It should NOT be the contractors job to confirm license numbers.

Specific comments on proposed regulations:

1. On page 27, section H. Standing, delete the words "as a" after the word "standing" in the first line.

2. Page 58, Item 12   This action against an "ostensible licensee", if I am interpreting it correctly, does not appear to make good legal or business sense. After all, you don't have to be a barber to own a barber shop. If I own an environmental company I am responsible for it's operation.  What concern is it of the Board's if I hire competent "undisclosed persons" to manage it for me?  If my business conscientously follows all the regulations and is profitable I am a happy owner and the Board should have no issues with me.  Can the Board legally define who I can and can't hire?  What kind of an "undisclosed person" could cause the licensee to be disciplined?  How difficult would enforcement of this be?

3.  Page 62, 18VAC15-20-456 Section A   Recommend deleting "when the project monitor is present".  Obviously inspections can't be done unless the monitor is present.

4.  Page 62 18 VAC 15-20-456 Section B  Recommend adding "for the entire time" to the first line following the word "day"