Section 096-425-11 - Regulations Incorporated by ReferenceA.Harmony. These rules attempt to be consistent with federal asbestos rules and regulations established by OSHA and US EPA. However, regulations established by OSHA and EPA are inconsistent, therefore these rules can not be entirely consistent with both agencies. These rules are promulgated with the welfare of the general public and the environment as a highest concern and are intended to promote safe and proper asbestos management in Maine. No provision of this rule shall be construed to pre-empt or supersede any other provision established under another statute or jurisdiction.B.Regulations Incorporated. The following federal rules and regulations of the US EPA are incorporated by reference herein as Maine Department of Environmental Protection, Asbestos Management Regulations, 06-096 CMR 425: (1) Asbestos-Containing Materials in Schools rule; 40 CFR, Part 763, Subpart E (effective December 14, 1987); and(2) US EPA Asbestos Model Accreditation Plan; Interim Final Rule, 59 FR 5236-5260 (effective April 4, 1994), Appendix C to Subpart E of 40 CFR Part 763 "Asbestos-Containing Materials in Schools" rule (effective December 14, 1987).C.Applicability. The applicability of each rule and regulation incorporated herein by reference is outlined below. (1) Subpart E of the Asbestos-Containing Materials in Schools rule ( 40 CFR, Part 763). This rule is applicable to Local Education Agencies (LEAs) in Maine. This federal regulation establishes ongoing inspection and management criteria for asbestos in schools and is not applicable to any other facilities in Maine.(2) Interim Final Rule, 59 FR 5236-5260, Appendix C to Subpart E of the Asbestos-Containing Materials in Schools rule ( 40 CFR, Part 763). This rule establishes minimal training course and training provider requirements for persons seeking state certification and applies to all persons conducting asbestos abatement activities who may seek state certification in Maine, as well as training providers offering asbestos training courses.D.Substitution of Definitions. The provisions of federal regulation that are incorporated by reference into this rule can be understood in terms of State law by making the following substitution in terms utilized therein: "EPA" means the "Maine Department of Environmental Protection (DEPARTMENT)";
"Regional Administrator" and "Director" means the "Board of Environmental Protection or its designated representative"; and
"Definitions" shall mean the definition of each term as it applies to the applicable law, regulation, or rule in which the definition is found. Defined terms are therefore specific to the regulation, law, or rule in which they are found and not meant to be generic in nature.
E.Conflict of Federal and State Law. Where the provisions and/or terms of the federal rules and/or regulations incorporated by reference into this rule differ from or are inconsistent with other terms and/or provisions of this rule, the term and/or provision of the more stringent rule shall apply.06-096 C.M.R. ch. 425, § 11