Definitions

Definitions. A. “Act” means the Asbestos Abatement Accreditation and Certification Act. B. “Asbestos” means the asbestiform varieties of: chrysotile (serpentine); crocidolite (riebeckite); amosite (cummingtonite-grunerite); anthophyllite; tremolite; and actinolite. C. “Asbestos-containing materials” (ACM) means any material or product which contains more than one percent (1%) asbestos. D. “Asbestos project” means a project for the abatement of ACM in school buildings, public buildings or commercial buildings including the abatement of shingles, tiles, or felt containing ACM in the roof or exterior siding of such building except for exclusions adopted by the Commission in accordance with Section 37-138-9(a) and except for abatement of asbestos-containing resilient floor tile, sheet vinyl flooring and associated adhesives provided there is a two-working-day advance notification to the Commission of the abatement of asbestos-containing floor tile, sheet vinyl flooring and associated adhesives, unless sanding, grinding, burning or sawing occurs or such abatement is otherwise considered a “response action” or would cause the material to become “friable” as both those terms are defined under 40 CFR Section 763.83. E. “Building” means (1) any structure having two or more walls and a roof or ceiling or (2) any other structure that is totally enclosed. F. “Certificate” means a document issued by the Commission or its designee authorizing an individual to perform certain specific activities related to the identification, evaluation or abatement of ACM in or on school buildings, public buildings and commercial buildings as described in these regulations. G. “Commercial building” means any privately owned building, including any industrial building, in which the public is invited or allowed access and any other privately owned building so located that the conduct of any asbestos abatement activities therein could reasonably expose any person or persons to ACM hazards. H. “Commission” means the Mississippi Commission on Environmental Quality. I. “Continuous” and “continuously current” mean, with respect to training as required herein, that applicable refresher course(s) have been successfully completed annually since the successful completion of the initial training course. (1) For purposes of this definition, “annually” shall be construed to mean the one-year period from an applicable initial or refresher training completion date and the anniversary of that date or any shorter period. (2) For purposes of this definition, “annually” shall be construed to be greater than a one-year period only if an individual demonstrates to the satisfaction of the Commission that (a) a reasonable effort was made by the individual to complete applicable training within one year, (b) failure to complete training was beyond the individual’s control, and (c) training was completed as soon as possible following the one-year anniversary. J. “Contract for the performance of an asbestos project” shall mean an agreement, either oral or written, which is for the purpose of the performance, in whole or in part, of an asbestos project for a valuable consideration. K. “Duly authorized representative (DAR)” means a representative of a responsible official who, in accordance with corporate by-laws or policy, can legally bind the business entity and is to be held responsible for actions, standards, requirements, and prohibitions under state and federal asbestos control regulations. Notification of the designation of the DAR by the responsible official must be submitted to MDEQ in writing and must be signed by a responsible official prior to any action by the DAR and/or submission of any documentation by the DAR. L. “Director” means the Executive Director of the Mississippi Department of Environmental Quality or his/her designee. M. “EPA” means the United States Environmental Protection Agency. N. “Encapsulation” means the treatment of ACM 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). O. “Enclosure” means an airtight, impermeable, permanent barrier around ACM to prevent the release of asbestos fibers into the air and does not include a temporary barrier erected for the purpose of ACM removal. P. “Friable” when referring to ACM in or on a school building, public building or commercial building, means that the material, when dry, may be crumbled, pulverized, or reduced to powder by hand pressure, and includes previously nonfriable ACM after such previously nonfriable ACM becomes damaged to the extent that when dry it may be crumbled, pulverized, or reduced to powder by hand pressure. Q. “Individual” means a natural person as distinguished from the State or other agency or institution thereof, any municipality, political subdivision, public or private corporation, partnership, association or other entity. R. “Major fiber release episode” means any uncontrolled or unintentional disturbance of friable asbestos containing building materials (ACBM), resulting in a visible emission, which involves the falling or dislodging of more than three (3) square or linear feet of ACBM. S. “Minor fiber release episode” means any uncontrolled or unintentional disturbance of ACBM, resulting in a visible emission, which involves the falling or dislodging of three (3) square or linear feet or less of friable ACBM. T. “Model Plan” means the Model Accreditation Plan for States promulgated under Title II of Toxic Substances Control Act (TSCA) (Section I of Appendix C to Title 40, Part 763, Subpart E of the Code of Federal Regulations) which is incorporated herein and adopted by reference except as otherwise noted. U. “Non-friable” means ACM in or on a school building, public building or commercial building which when dry, may not be crumbled, pulverized, or reduced to powder by hand pressure. V. “Person” means the State or other agency or institution thereof, any municipality, political subdivision, public or private corporation, individual, partnership, association or other entity, and includes any officer or governing or managing body of any municipality, political subdivision, or public or private corporation, or the United States or any officer or employee thereof. W. “Public building” means any building owned by the State, counties, municipalities, institutions of higher learning, community colleges or any political subdivision. X. “Removal” means the taking out or the stripping of ACM from a school building, public building or commercial building. Y. “Repair” means returning damaged ACM to an undamaged condition or to an intact state so as to prevent fiber release. Z. “Residence” means a building other than a school building, public building or commercial building or portion of a commercial building, which is actually owned or leased and simultaneously occupied by one or more individuals as a fixed or permanent place of habitation, including but not limited to and primarily consisting of single family unit houses and apartment buildings having four or fewer dwelling units. AA. “Response action” means a method including removal, encapsulation, enclosure, and repair, and operation and maintenance, or some other method which disturbs ACM and is intended to protect human health and the environment from friable ACM except for small-scale, short-duration projects. It includes response(s) to major fiber release episodes as defined in Section I of the Model Plan. BB. “Responsible official” means: (1) For a corporation: a president, secretary, treasurer, or vice-president of the corporation in charge of a principal business function, or any other person who performs similar policy or decision-making functions for the corporation, or a duly authorized representative; (2) For a partnership or sole proprietorship: a general partner or the proprietor, respectively; and (3) For any other business entity: the owner or disclosed agent who can legally bind that business entity. CC. “Routine maintenance activities” mean an asbestos project consisting of maintenance activities performed on a scheduled basis or during an emergency situation, where the abatement of ACM is necessary for conducting the scheduled or emergency maintenance activities. Such maintenance activities shall not have as any of its intended purposes the abatement of ACM. Routine maintenance activities can include, but are not limited to, the replacement of gasket materials, removal or replacement of pipes, the rebuilding of valves, or the removal of beams above ceilings. DD. “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 or 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 this definition of “school building” under paragraphs (1), (2) or (3). (5) Any portico or covered exterior hallway or walkway. (6) Any exterior portion of a mechanical system used to condition interior space. EE. “Small-scale, short-duration abatement activities” shall have the meaning as set forth in the Model Plan which is incorporated herein and adopted by reference.