HAR §11-503-1. Definitions

As used in this chapter: "ACM" means asbestos-containing material. "Asbestos-containing material" means any material or product which contains more than one per cent asbestos. "Asbestos contractor" means any person or contracting firm possessing a valid asbestos contractor license pursuant to chapter 16-77, Hawaii Administrative Rules. "Category I nonfriable ACM" means asbestos- containing packings, gaskets, resilient floor covering, and asphalt roofing products containing more than one per cent asbestos as determined using the method specified in 40 CFR Part 763, Subpart F, Appendix A, Section I, as referenced in section 11-501-3. "Category II nonfriable ACM" means any material, excluding category I nonfriable ACM, containing more than one per cent asbestos as determined using the methods specified in 40 CFR Part 763, Subpart F, Appendix A, Section I, as referenced in section 11-501- 3, that, when dry, cannot be crumbled, pulverized, or reduced to powder by hand pressure. "Contractor/Supervisor" means any abatement workerwho has been certified by the department under these rules to ensure that abatement projects are conducted in accordance with Federal and State requirements. "Demolition" means the wrecking, taking out or intentional burning of any load-supporting structural member of a facility together with any related handling operations. "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. "Facility" means 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 residences or residential cooperatives that have four or fewer total dwelling units); any ship; and any active or inactive waste disposal site. For purposes of this definition, any building, structure, or installation that contains a loft used as a dwelling is not considered a residential structure, installation, or building. Any structure, installation, or building that was previously subject to federal requirements pursuant to 40 CFR Part 61, Subpart M, is not excluded, regardless of its current use or function. "Facility component" means any part of a facility, including equipment, boilers, pipes, furnaces, ducts, tanks, reactors, turbines, or structural members. "Friable asbestos material" means any material containing more than one per cent asbestos as determined using the method specified in 40 CFR Part 763, Subpart F, Appendix A, Section I, as referenced in section 11-501-3, that, when dry, can be crumbled, pulverized, or reduced to powder by hand pressure. These include sprayed-on or troweled-on fireproofing, acoustic ceiling material and ceiling tiles, linoleum and linoleum backing, thermal system insulation, non- asphalt-saturated roofing felts, asbestos-containing paper, and joint compound. Materials that have been rendered to a crumbled, pulverized, or powdered state, when dry, by crushing, sanding, sawing, shot-blasting, or other demolition or renovation techniques are friable, which include category I non-friable asbestos containing material. Materials in which the asbestos fibers are bound into a matrix that have been rendered to a crumbled, pulverized, or powdered state, when dry, by crushing, sanding, sawing, shot-blasting, severe weathering, or other demolition or renovation techniques are friable, which include category II nonfriable ACM. "Inspector" means a person certified to identify asbestos-containing building material and to assess its physical condition. "Management planner" means any person certified to use data gathered by inspectors to assess the current or potential hazard posed by asbestos-containing material, to determine the appropriate response actions, and to develop a schedule for implementing these response actions. "Notification" means submittal of a notice of intent to conduct demolition or renovation in facilities pursuant to section 11-501-7. For purposes of this definition, a “notification” shall be limited to each individual project and shall extend no further than the premise boundaries. "Project designer" means a person who is certified to determine how asbestos abatement work should be conducted. "Project monitor" means a person who is certified to take air clearance samples, perform visual inspections of the job-site and ensure compliance with specifications and regulations. "RACM" means regulated asbestos-containing material. "Regulated asbestos-containing material" means: (1) Friable asbestos material; (2) Category I nonfriable ACM that has become friable; (3) Category I nonfriable ACM that will be or has been subjected to sanding, drilling, grinding, cutting, abrading, or any other activity that may render the material friable; or (4) Category II nonfriable ACM that may become 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 regulated by this chapter. "Renovation" means altering a facility of one or more facility components in any way, including the stripping or removal of RACM from a facility component. Operations in which load-supporting structural members are wrecked or taken out are demolitions. "Removal" means to take out RACM or facility components that contain or are covered with RACM from any facility. "Training provider" means one who is accredited to provide training courses pursuant to Chapter 504. "Worker" means any person who is certified by the department to engage in abatement activities. [Eff ] (Auth: HRS §342P) (Imp: 40 CFR Part 61)