| (28) Critical barrier--An impermeable barrier, such
as plastic sheeting or dividing wall, sealing any opening between
the containment and adjacent areas.
(29) Decontamination area--An enclosed area consisting
of an equipment room, shower room, and clean room that is used for
the decontamination of persons, materials, and equipment that are
contaminated with asbestos. This area is adjacent to, and where feasible,
connected to, the containment.
(30) Demolition--The wrecking or removal of any load-supporting
structural member of a public building or facility for the purpose
of razing the building or portion of the building to the ground, or
the intentional burning of any public building or facility. The removal
of load-supporting structural members followed by resupport of the
structure is considered renovation, not demolition. Moving a building
from its foundation is considered demolition.
(31) Designated person--The individual designated by
an LEA in accordance with, and to ensure compliance with, AHERA.
(32) Disturbance--Activities that disrupt the matrix
of ACM, render ACM friable, or generate visible debris from ACM.
(33) DSHS--The Department of State Health Services.
(34) Emergency renovation operation--A renovation operation
that was not planned but results from a sudden, unexpected event that,
if not immediately attended to, presents a safety or public health
hazard, is necessary to protect equipment from damage, or is necessary
to avoid imposing an unreasonable financial burden. This term includes
operations necessitated by nonroutine failures of equipment or systems,
such as water, steam, and electrical systems.
(35) Emergency responder--Any person responsible for
mitigation activities in a medical emergency, fire emergency, hazardous
material emergency, or natural disaster.
(36) Employee--A person who works in expectation of
compensation in the service of an employer and whose work performance
is subject to the direction and control of the employer.
(37) Encapsulation--A method of control of asbestos
fibers in which the surface of ACM is penetrated by or covered with
a coating prepared for that purpose. Painting with a non-encapsulant
that does not disturb asbestos is not an asbestos-related activity.
(38) Enclosure--The construction of an airtight, impermeable,
permanent wall and ceiling or comparable barrier around ACM to prevent
the release of asbestos fibers into the air.
(39) EPA--The United States Environmental Protection
Agency.
(40) Exposure assessment--A determination by an employer
in accordance with 29 CFR §1926.1101(f) of the level of employee
exposure to asbestos fibers by analyzing breathing zone air samples
that are representative of an 8-hour time-weighted average and a 30-minute
representative short-term exposure of each employee.
(41) Facility--Any institutional, commercial, public,
industrial, or residential structure, installation, or building (including
any structure, installation, or building containing condominiums or
individual dwelling units operated as a residential cooperative, but
excluding a single residential building having four or fewer dwelling
units); any ship; and any active or inactive waste disposal site.
For purposes of this chapter, any building, structure, or installation
that contains a loft used as a dwelling is not considered a residential
structure, installation, or building.
(42) Facility owner or operator--Any person who owns,
leases, operates, controls, or supervises the facility being demolished
or renovated or any person who owns, leases, operates, controls, or
supervises the demolition or renovation operation, or both.
(43) Federal government-owned building--Any building
owned by the United States Federal Government. This term does not
include space leased by the United States Federal Government.
(44) Friable asbestos material--Any ACM that, when
dry, can be crumbled, pulverized, or reduced to powder by hand pressure.
(45) HEPA--A high-efficiency particulate air filtration,
capable of trapping and retaining 99.97% of mono-dispersed airborne
particles that are 0.3 micron or larger in diameter.
(46) HVAC--Heating, ventilation, and air conditioning.
(47) Independent third-party air monitor--A person
retained to collect area air samples to be analyzed for the owner
of the building or facility being abated.
(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.
Cont'd... |
