HAR §11-502-2. Definitions

As used in this chapter: "Accessible" when referring to ACM means that the material is subject to disturbance by school building occupants or custodial or maintenance personnel in the course of their normal activities. "ACBM" means asbestos-containing building materials. "ACM" means asbestos-containing material. "AIHA" means the American Industrial Hygiene Association. "Air erosion" means the passage of air over friable ACBM which may result in the release of asbestos fibers. "Asbestos" means the asbestiform varieties of: chrysotile (serpentine); crocidolite (riebeckite); amosite (cummingtonite-grunerite); anthophyllite; tremolite; and actinolite. "Asbestos-containing building material" means surfacing ACM, thermal system insulation ACM, or miscellaneous ACM that is found in or on interior structural members or other parts of a school building which can include sheetrock, drywall, plaster, mastic, ceiling tiles, floor tiles, sheet linoleum, baseboards, and joint compound. "Asbestos-containing material" when referring to school buildings means any material or product which contains more than one per cent asbestos. "Asbestos debris" means pieces of ACBM that can be identified by color, texture, or composition, or means dust if the dust is determined by a certified inspector to be ACM. "Certified" or "certification" when referring to a person means that the person is certified in accordance with chapter 11-504. "Damaged friable miscellaneous ACM" means friable miscellaneous ACM which has deteriorated or sustained physical injury such that the internal structure (cohesion) of the material is inadequate or, if applicable, which has delaminated such that its bond to the substrate (adhesion) is inadequate or which for any other reason lacks fiber cohesion or adhesion qualities. Such damage or deterioration may be illustrated by the separation of ACM into layers; separation of ACM from the substrate; flaking, blistering, or crumbling of the ACM surface; water damage; significant or repeated water stains, scrapes, gouges, mars, or other signs of physical injury on the ACM. Asbestos debris originating from the ACBM in question may also indicate damage. "Damaged friable surfacing ACM" means friable surfacing ACM which has deteriorated or sustained physical injury such that the internal structure (cohesion) of the material is inadequate or which has delaminated such that its bond to the substrate (adhesion) is inadequate, or which, for any other reason, lacks fiber cohesion or adhesion qualities. Such damage or deterioration may be illustrated by the separation of ACM into layers; separation of ACM from the substrate; flaking, blistering, or crumbling of the ACM surface; water damage; significant or repeated water stains, scrapes, gouges, mars, or other signs of physical injury on the ACM. Asbestos debris originating from the ACBM in question may also indicate damage. "Damaged or significantly damaged thermal system insulation ACM" means thermal system insulation ACM on pipes, boilers, tanks, ducts, and other thermal system insulation equipment where the insulation has lost its structural integrity, or its covering, in whole or in part, is crushed, water-stained, gouged, punctured, missing, or not intact such that it is not able to contain fibers. Damage may be further illustrated by occasional punctures, gouges, or other signs of physical injury to ACM; occasional water damage on the protective coverings or jackets; or exposed ACM ends or joints. Asbestos debris originating from the ACBM in question may also indicate damage. "Department" means the department of health, state of Hawaii. "Director" means the director of the department of health, state of Hawaii, or the director’s duly authorized agent. "Elementary school" means a day or residential school which provides elementary education. "Encapsulation" means the treatment of ACBM with a material that surrounds or embeds asbestos fibers in an adhesive matrix to prevent the release of fibers, as the encapsulant creates a membrane over the surface (bridging encapsulant) or penetrates the material and binds its components together (penetrating encapsulant). "Enclosure" means an airtight, impermeable, permanent barrier around ACBM to prevent the release of asbestos fibers into the air. "EPA" means the United States Environmental Protection Agency. "Fiber release episode" means any uncontrolled or unintentional disturbance of ACBM resulting in visible emission. "Friable" means that the material, when dry, may be crumbled, pulverized, or reduced to powder by hand pressure, and includes previously nonfriable material after such previously nonfriable material becomes damaged to the extent that when dry it may be crumbled, pulverized, or reduced to powder by hand pressure. "Functional space" means a room, group of rooms, or homogeneous area (including crawl spaces or the space between a dropped ceiling and the floor or roof deck above), such as classrooms, cafeterias, gymnasiums, or hallways, designated by a person certified to prepare management plans, design abatement projects, or conduct response actions. "HEPA" means high-efficiency particulate air. "High-efficiency particulate air" means a filtering system capable of trapping and retaining at least 99.97 per cent of all monodispersed particles 0.3 µm in diameter or larger. "Homogeneous area" means an area of surfacing material, thermal system insulation material, or miscellaneous material that is uniform in color and texture, and which does not extend to other floors or buildings. "Local education agency" means: (1) The board of education; (2) The owner or operator of any non-public, elementary, or secondary school building; and (3) The governing authority of any school operated under the defense dependent’s education system provided for pursuant to the Defense Dependents' Education Act of 1978 (20 U.S.C. 921, et seq.). "Major fiber release episode" means the falling or accidental dislodging of more than three square or linear feet of friable ACBM. "Minor fiber release episode" means the falling or accidental dislodging of three square or linear feet or less of friable ACBM. "Miscellaneous ACM" means miscellaneous material that is ACM in a school building. "Miscellaneous material" means interior building material on structural components, structural members, or fixtures such as floor and ceiling tiles, and does not include surfacing material or thermal system insulation. "NIST" means the National Institute of Science and Technology. "NIOSH" means the National Institute for Occupational Safety and Health. "Nonfriable" means material which when dry may not be crumbled, pulverized, or reduced to powder by hand pressure. "NVLAP" means the National Voluntary Laboratory Accreditation Program administered by the National Institute of Science and Technology. "Operations and maintenance program" means a program of work practices to maintain friable ACBM in good condition, ensure clean up of asbestos fibers previously released, and prevent further release by minimizing and controlling friable ACBM disturbance or damage. "PLM" means polarized light microscopy. "Potential damage" means circumstances in which: (1) Friable ACBM is in an area regularly used by building occupants, including maintenance personnel in the course of their normal activities; and (2) There are indications of a reasonable likelihood that the material or its covering will become damaged, deteriorated, or delaminated due to factors such as changes in building use, changes in operations and maintenance practices, changes in occupancy, or recurrent damage. "Potential significant damage" means circumstances in which: (1) Friable ACBM is in an area regularly used by building occupants, including maintenance personnel, in the course of their normal activities; (2) There are indications of a reasonable likelihood that the material or its covering will become significantly damaged, deteriorated, or delaminated due to factors such as changes in building use, changes in operations and maintenance practices, changes in occupancy, or recurrent damage; and (3) The material is subject to major or continuing disturbance, due to factors including accessibility or, under certain circumstances, vibration or air erosion. "Preventive measures" means actions taken to reduce disturbance of ACBM or otherwise eliminate the reasonable likelihood of the material's becoming damaged or significantly damaged. "Removal" means the taking out or the stripping of substantially all ACBM from a damaged area, a functional space, or a homogeneous area in a school building. "Repair" means returning damaged ACBM to an undamaged condition or to an intact state to prevent fiber release. "Response action" means a method, including removal, encapsulation, enclosure, repair, operations, and maintenance that protects human health and the environment from friable asbestos. "Routine maintenance area" means an area, such as a boiler room or mechanical room, that is not normally frequented by students and in which maintenance employees or contract workers regularly conduct maintenance activities. "School" means any elementary or secondary school. "School building" means: (1) Any structure suitable for use as a classroom, including a school facility such as a laboratory, library, school eating facility, or facility used for the preparation of food; (2) Any gymnasium or other facility which is specially designed for athletic or recreational activities for an academic course in physical education; (3) Any other facility used for the instruction or housing of students or for the administration of educational or research programs; (4) Any maintenance, storage, or utility facility, including any hallway, essential to the operation of any facility described in paragraph (1), (2), or (3); (5) Any portico or covered exterior hallway or walkway; and (6) Any exterior portion of a mechanical system used to condition interior space. "Secondary school" means a day or residential school which provides secondary education except that it does not include any education provided beyond grade twelve. "Significantly damaged friable miscellaneous ACM" means damaged friable miscellaneous ACM where the damage is extensive and severe. "Significantly damaged friable surfacing ACM" means damaged friable surfacing ACM in a functional space where the damage is extensive and severe. "Small-scale, short duration" means activities that involve removal of three square or linear feet or less of friable material, such as surfacing or thermal system insulation, or 0.5 cubic feet or less of friable debris, and are tasks such as, but not limited to: (1) Removal of asbestos-containing insulation on pipes. (2) Removal of asbestos-containing insulation on beams or above ceilings. (3) Replacement of an asbestos-containing gasket on a valve. (4) Installation or removal of drywall. (5) Installation of electrical conduits through or proximate to asbestos-containing materials. (6) Removal of ACM only if required in the performance of another maintenance activity not intended as asbestos abatement. (7) Removal of asbestos-containing thermal system insulation. (8) Minor repairs to damaged thermal system insulation which do not require removal. (9) Repairs to a piece of asbestos-containing wallboard. (10) Repairs, involving encapsulation, enclosure, or removal of friable ACM only if required in the performance of emergency or routine maintenance activity and not intended solely as asbestos abatement. "Surfacing ACM" means surfacing material that is ACM. "Surfacing material" means material in a school building that is sprayed-on, troweled-on, or otherwise applied to surfaces, such as acoustical or decorative plaster on ceilings or walls, fireproofing materials on structural members, or other materials on surfaces for acoustical, decorative, fireproofing, or other purposes. "Thermal system insulation" means material in a school building applied to pipes, fittings, boilers, breeching, tanks, ducts, or other interior structural components to prevent heat loss or gain, or water condensation, or for other purposes. "Thermal system insulation ACM" means thermal system insulation that is ACM. "Vibration" means the periodic motion of friable ACBM which may result in the release of asbestos fibers. [Eff ] (Auth: HRS §321-11(26)) (Imp: 40 CFR Part 763.83)