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Developed and maintained by the Division of Legislative Automated Systems.
1997 SESSION
Be it enacted by the General Assembly of Virginia:
1. That § 54.1-501 of the Code of Virginia is amended and reenacted as follows:
§ 54.1-501. Powers and duties of the Board.
The Board shall administer and enforce this chapter. The Board shall:
1. Promulgate regulations necessary to carry out the requirements of this chapter in accordance with the provisions of the Administrative Process Act (§ 9-6.14:1 et seq.) to include but not be limited to the prescription of fees, procedures, and qualifications for the issuance and renewal of asbestos licenses and lead certificates, and governing conflicts of interest between various categories of asbestos licenses and lead certificates;
2. Approve the criteria for training courses and primary instructors;
3. Approve training courses, examinations and the grading system for testing applicants for asbestos licensure and lead certification;
4. Promulgate regulations governing the licensing of and establishing performance criteria applicable to asbestos analytical laboratories;
5. Promulgate regulations governing the functions and duties of project monitors on asbestos projects, circumstances in which project monitors shall be required for asbestos projects, and training requirements for project monitors; and
6. Promulgate, in accordance with the Administrative Process Act, regulations
necessary to establish procedures and requirements for the: (i) approval of
lead-based paint activities training programs, (ii) certification of
individuals and firms to engage in lead inspection, evaluation, and abatement
activities, and (iii) establishment of standards for performing lead-based
paint activities consistent with the Residential Lead-based Paint Hazard
Reduction Act and United States Environmental Protection Agency regulations.
The Board's regulations shall not be more stringent than the federal
requirements set forth in: (i) the United States Environmental Protection
Agency's (EPA) proposed regulations, if the Board's regulations are promulgated
prior to the effective date of the EPA's final regulations, or (ii) the EPA's
final regulations, if the Board's regulations are promulgated after the
effective date of the EPA's final regulations. If the
United States Environmental Protection Agency (EPA) has adopted, prior to the
promulgation of any related regulations by the Board, any final regulations
relating to lead-based paint activities, then the related regulations of the
Board shall not be more stringent than the EPA regulations in effect as of the
date of such promulgation. In addition, if the EPA shall have outstanding any
proposed regulations relating to lead-based paint activities (other than as
amendments to existing EPA regulations), as of the date of promulgation of any
related regulations by the Board, then the related regulations of the Board
shall not be more stringent than the proposed EPA regulations. In the event
that the EPA shall adopt any final regulations subsequent to the promulgation
by the Board of related regulations, then the Board shall, as soon as
practicable, amend its existing regulations so as to be not more stringent than
such EPA regulations.