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TITLE 25HEALTH SERVICES
PART 1DEPARTMENT OF STATE HEALTH SERVICES
CHAPTER 296TEXAS ASBESTOS HEALTH PROTECTION
SUBCHAPTER BDEFINITIONS
RULE §296.21Definitions

  (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

    (D) Category II nonfriable ACM that has a high probability of becoming or has become crumbled, pulverized, or reduced to powder by the forces expected to act on the material in the course of demolition or renovation operations.

  (77) Regulated area--An area where on-site asbestos-related activity is performed, and any adjoining area where debris and waste accumulate from such asbestos-related activity, including any area within which airborne concentrations of asbestos exceed or there is a reasonable possibility they may exceed the PELS, in accordance with 29 CFR §1926.1101 (relating to Asbestos).

  (78) Renovation--Additions to or alterations of a building, including by removal, repairing, or rebuilding.

  (79) Resilient floor-covering material--For purposes of this chapter, this term includes adhesives, sheet vinyl flooring, and resilient tile, such as vinyl composition tile, asphalt tile, and rubber tile.

  (80) Response action--A method, including removal, encapsulation, enclosure, repair, and operations and maintenance that protects human health and the environment from friable ACBM.

  (81) Responsible person--The individual that is appointed by the licensed asbestos abatement contractor, asbestos operations and maintenance contractor, asbestos laboratory, asbestos consultant agency, asbestos management planner agency, or asbestos training provider as responsible for compliance with the requirements for the licensee under this chapter.

  (82) RFCI--Resilient Floor Covering Institute.

  (83) School--Any day or residential public or private non-profit elementary or secondary school, kindergarten through grade 12.

  (84) School building--Any structure suitable for use as a classroom, including:

    (A) a school facility, such as a laboratory, library, eating facility, or facility used for the preparation of food;

    (B) a gymnasium or other facility that is specially designed for athletic or recreational activities for an academic course in physical education;

    (C) a facility used for the instruction or housing of students or for the administration of educational or research programs;

    (D) a maintenance, storage, or utility facility, including any hallway, essential to the operation of any of the preceding facilities described in this definition;

    (E) a portico or covered exterior hallway or walkway; or

    (F) an exterior portion of a mechanical system used to condition interior space.

  (85) SDS--Safety data sheet. A written or printed material concerning a hazardous chemical that is prepared in compliance with OSHA regulations in 29 CFR §1910.1200(g) (relating to Hazard communication). This term reflects a change in terminology from MSDS and updated format requirements, based upon the adoption of the United Nations' Globally Harmonized System of Classification and Labeling of Chemicals.

  (86) Specifications and plans--Site-specific asbestos abatement description, consisting of:

    (A) a clear and understandable written description of the determinations made during the asbestos abatement project design, including the work to be performed, such as asbestos abatement methods and air clearance procedures to be used, abatement preparations to be made, and equipment to be used; and

    (B) drawings, floor plans, or the equivalent, that distinctly display the location of asbestos abatement activities and equipment to be used with a level of detail and in a size sufficient to make each location visually discernable.

  (87) SSSD activities--Small-scale, short-duration activities are work operations where a negative-pressure containment cannot be constructed because of the configuration of the work environment. SSSD activities include tasks, such as removal of asbestos-containing insulation on pipes, removal of small quantities of asbestos-containing insulation on beams or above ceilings, replacement of an asbestos-containing gasket on a valve, installation or removal of a small section of drywall, or installation of electrical conduits through or proximate to ACM. SSSD activities can be further defined as the following:

    (A) removal of small quantities of ACM only if required in the performance of another maintenance activity not intended as asbestos abatement;

Cont'd...

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