HAR §11-504-2. Definitions

As used in this chapter: "AAR" means the Asbestos Analyst’s Registry. "AAT" means the Asbestos Analytical Testing program. "Abatement activity" means any activity involving job set up, removal, encapsulation, enclosure, renovation, repair, demolition, construction, alteration, or maintenance of asbestos-containing material. "Abatement entity" means any person having one or more employees or members involved in any abatement project. "Abatement project" means any abatement activity which can be predicted and in which the total amount of friable ACBM disturbed will exceed three linear feet on pipes or three square feet on surfaces or generate more than 0.5 cubic feet of debris. "Agent" means any person who works on an abatement project for an abatement entity, who is not an employee of the entity (e.g., sub-abatement entity). "ACBM" means asbestos-containing building material. "ACM" means asbestos-containing material. "AIHA" means American Industrial Hygiene Association. "Analyst" means any person who analyzes bulk or air samples to determine asbestos content or airborne fiber content, respectively. "Analytical service" means any facility which analyzes bulk or air samples for asbestos content or fiber counting. "Asbestos" means the asbestiform varieties of: chrysotile (serpentine), crocidolite (riebeckite), amosite (cummingtonite-grunerite), anthophyllite, tremolite, and actinolite. "Asbestos-containing material" means material that contains any type of asbestos in an amount greater than one per cent by area, either alone or mixed with other fibrous or non-fibrous materials. “Containment” means the isolation of an asbestos removal area from the outside air by use of physical barriers. "Contractor/Supervisor" means any abatement worker who 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. "Emergency abatement" means any abatement activity requiring immediate action, due to public health or safety reasons, which was not planned but results from a sudden, unexpected event. This includes abatement required by non-routine failures of equipment. "EPA" means the United States Environmental Protection Agency. "EPA guidance document" means EPA 560/5-85-024 Guidance for Controlling Asbestos-Containing Materials in Buildings, 1985. "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. "Friable asbestos-containing material" means any material containing more than one percent asbestos which has been applied on ceilings, walls, structural members, piping, duct work, or any other part of a building, which when dry, may be crumbled, pulverized, or reduced to powder by hand pressure. The term includes non-friable asbestos-containing material after such previously non-friable material becomes damaged to the extent that when dry it may be crumbled, pulverized, or reduced to powder by hand pressure. "Friable asbestos-containing building material" means any friable asbestos-containing material that is in or on interior structural members or other parts of a school or public and commercial building. "HIOSH" means Hawaii Occupational Safety and Health. "Inspector" means a person who is certified by the department to determine the presence, location, and condition of asbestos-containing building material. Excluded from being certified are Federal, state or regulatory inspectors conducting compliance inspections. "Instructor" means any qualified person approved by the department who provides instruction and training in the person's area of expertise. "Management planner" or "Asbestos management planner" means any person who is certified by the department to use data gathered by a certified inspector 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. "NIOSH" means the National Institute of Occupational Safety and Health. "NIOSH Method 7400" means the Fibers, Method 7400 of the National Institute of Occupational Safety and Health for the quantitative measure of airborne asbestos as determined by phase contrast microscopy (PCM) analysis. "NIST" means the National Institute for Standards and Technology. "NVLAP" means the National Voluntary Laboratory Accreditation Program, administered by the National Institute of Science and Technology. "OSHA" means the United States Occupational Safety and Health Administration. "Person" means any individual, partnership, firm, association, public or private corporation, federal agency, the state or any of its political subdivisions, trust, estate, or any legal entity "PAT" means the Proficiency Analytical Testing Program. "Project designer" means a person who is certified by the department to determine how asbestos abatement work should be conducted. "Project monitor" means a person who is certified by the department to monitor abatement projects and collect air clearance samples. "Removal" means the stripping of any asbestos- containing materials from surfaces or components of a facility. "Renovation" means the alteration of one or more facility or structural components. "Repair" means returning damaged ACBM to an undamaged condition or to an intact state so as to prevent fiber release. "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 asbestos-containing material 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. "Structure" means a whole facility, building, or a major portion thereof, such as a building wing. "TSCA" means the U.S. Toxic Substance Control Act 15 U.S.C. 2601, et seq. "Worker" means any person who is certified by the department to engage in abatement activities. [Eff ](Auth: HRS §342P) (Imp: 40 CFR Part 763, Appendix C(A) and HRS §321-15)