| (48) Installation--A building or structure, or group
of buildings or structures, at a single demolition or renovation site
controlled by the same owner or operator. A project involving a single
private residence or a single apartment building with no more than
four dwelling units is not considered an installation. When there
are two or more residential buildings on the same site that are controlled
by the same owner or operator, the buildings are considered an installation
under NESHAP.
(49) Intact--As defined in 29 CFR §1926.1101(b),
ACM that has not crumbled, been pulverized, or otherwise deteriorated
so that the asbestos is no longer likely to be bound with its matrix.
(50) Layer--Any constituent of an asbestos bulk sample
that exhibits different physical properties, such as color or composition,
and can be separated from the rest of the sample with an instrument,
such as a modeler's knife.
(51) LEA--Local education agency. An LEA includes:
(A) 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
or secondary schools in a city, county, township, school district,
or other political subdivision of a state, or such combination of
school districts or counties as are recognized in a state as an administrative
agency for its public elementary or secondary schools;
(B) any other public institution or agency having administrative
control and direction of a public elementary or secondary school;
and
(C) the owner of any nonpublic, nonprofit elementary
or secondary school building.
(52) License--Any license or registration issued under
this chapter.
(53) Licensee--A person who has been issued a license
or registration by DSHS under this chapter.
(54) Major fiber release episode--Any uncontrolled
or unintentional disturbance of ACBM, resulting in a visible emission,
which involves the falling or dislodging of more than three square
feet or three linear feet of friable ACBM.
(55) Management plan--A written plan for a public building
that describes appropriate actions for surveillance and management
of ACM in the building.
(56) MAP--Asbestos Model Accreditation Plan. As described
in Appendix C (relating to Asbestos Model Accreditation Plan) of AHERA
and adopted by reference into this chapter, EPA's model accreditation
plan that provides standards for initial training, examinations, refresher
training courses, applicant qualifications, decertification, and reciprocity.
(57) Mini-containment--A small walk-in containment
that accommodates no more than two people and conforms to its localized
work area. A mini-containment is constructed of 6-mil thick plastic
sheeting or the equivalent and is kept under negative pressure by
means of a HEPA vacuum or similar ventilation unit as described for
a mini-enclosure in 29 CFR §1926.1101(g)(5)(vi).
(58) MSDS--Material safety data sheet. (See also the
definition of SDS.)
(59) Municipality--A general-law, home-rule, or special-law
municipality as defined in the Texas Local Government Code §1.005
(relating to Definitions).
(60) Negative exposure assessment--A demonstration
by an employer in accordance with 29 CFR §1926.1101(f) that employee
exposure during an operation is expected to remain below the PELS
for the duration of the applicable asbestos-related activity.
(61) NESHAP--The EPA National Emission Standards for
Hazardous Air Pollutants specific to asbestos, in 40 CFR Part 61,
Subpart M (relating to National Emission Standard for Asbestos), as
adopted by reference in this chapter.
(62) NIOSH--The National Institute for Occupational
Safety and Health.
(63) Nonfriable ACM--ACM that, when dry, cannot be
crumbled, pulverized, or reduced to powder by hand pressure.
(64) Nonscheduled renovation operation--A renovation
operation necessitated by the routine failure of equipment, which
is expected to occur within a given period based on past operating
experience, but for which an exact date cannot be predicted.
(65) NVLAP--National Voluntary Laboratory Accreditation
Program. NVLAP is a federal program administered by the National Institute
of Standards and Technology, an office of the U.S. Department of Commerce.
NVLAP provides third-party accreditation to testing and calibration
laboratories based on evaluation of their technical qualifications
and competence to carry out specific calibrations or tests. Accreditation
procedures and requirements are described in 15 CFR Part 285 (relating
to National Voluntary Laboratory Accreditation Program), which references
clauses 4 and 5 of the international standard, ISO/IEC 17025, as the
criteria for accreditation.
(66) O&M activity--Operations and maintenance activity
that includes repairs, maintenance, renovation, installation, replacement,
or cleanup of building materials or equipment.
(67) OSHA--The Occupational Safety and Health Administration,
part of the U.S. Department of Labor.
(68) OSHA regulations--Regulations found in 29 CFR
(relating to Labor), including 29 CFR §1926.1101 and portions
of 29 CFR Parts 1926 (relating to Safety and Health Regulations for
Construction) and 1910 (relating to Occupational Safety and Health
Standards), as referenced in this chapter or otherwise applicable
to a person subject to this chapter.
(69) Owner or operator of a demolition or renovation
activity--Any person who owns, leases, operates, controls, or supervises
a facility being demolished or renovated, or any person who owns,
leases, operates, controls, or supervises the demolition or renovation
operation, or both.
(70) PELS--Permissible exposure limits, as described
in 29 CFR §1926.1101(c).
(71) Permit--A license, certificate, approval, registration,
consent, or other form of authorization that a person is required
by law, rule, regulation, order, or ordinance to obtain to perform
an action, or initiate, continue, or complete a project.
(72) Person--A person is:
(A) an individual, including a sole proprietorship;
or
(B) a corporation, partnership, governmental subdivision
or agency, association, or any other legal entity.
(73) Planned renovation operation--A renovation operation,
or a number of renovation operations, in which some RACM will be removed
or stripped within a given period of time and that can be predicted.
Individual nonscheduled renovation operations are included if a number
of renovation operations can be predicted to occur during a given
period of time based on operating experience.
(74) Public building--The interior space of a building
used, either in the past or at present, or to be used, for a purpose
that involves public access or occupancy, such as a school, hospital,
or prison. Interior space includes exterior hallways connecting buildings,
porticos, and mechanical systems used to condition interior space.
The term includes any such interior space during a period of vacancy,
including the period during preparations before demolition. The term
does not include:
(A) an industrial facility to which access is limited
principally to employees of the facility because of processes or functions
that are hazardous to human safety or health;
(B) a federal government-owned building or installation
(civilian or military);
(C) a private residence;
(D) an apartment building with no more than four dwelling
units;
(E) a manufacturing facility or building that is part
of a manufacturing facility, to which access is limited to workers
and invited guests under controlled conditions;
(F) a building, facility, or any portion of which,
before demolition, has been determined to be structurally unsound
and in danger of imminent collapse by a professional engineer or a
city, county, or state government official; or
(G) the portion of a building that has become structurally
unsound due to demolition.
(75) Public school--An elementary or secondary school
operated by publicly elected or appointed school officials in which
the program and activities are under the control of these officials
and that is supported primarily by public funds.
(76) RACM--Regulated asbestos-containing material.
RACM means:
(A) friable asbestos material;
(B) Category I nonfriable ACM that has become friable;
(C) Category I nonfriable ACM that will be or has been
subjected to sanding, grinding, cutting, or abrading; or
Cont'd... |
