Ala. Admin. Code r. 822-X-2-.03

Current through Register Vol. 43, No. 1, October 31, 2024

Section 822-X-2-.03 - Definitions

(1)ACBM means asbestos-containing building material.

(2)ACM means asbestos-containing material.

(3)Accredited abatement worker means an individual who has been trained by an accredited training program, as defined in this Section, and who has been accredited by Safe State pursuant to Section 822-X-2-.05 to perform asbestos abatements.

(4)Accredited inspector means an individual who has been trained by an accredited training program, as defined in this Section, and who has been accredited by Safe State pursuant to Section 822-X-2-.05 to conduct asbestos inspections.

(5)Accredited project designer means an individual who has been trained by an accredited training program, as defined in this Section, and who has been accredited by Safe State pursuant to Section 822-X-2-.05 to prepare asbestos abatement project designs.

(6)Accredited management planner means an individual who has been trained by an accredited training program, as defined in this Section, and who has been accredited by Safe State pursuant to Section 822-X-2-.05 to develop asbestos management plans.

(7)Accredited supervisor means an individual who has been trained by an accredited training program, as defined in this Section, and who has been accredited by Safe State pursuant to Section 822-X-2-.05 to supervise and conduct asbestos abatements. (For purposes of this Chapter, Supervisor is the same as Contractor/Supervisor in 40 CFR 763 Appendix C to Subpart E.)

(8)Accredited training program means a training program that has been accredited by Safe State pursuant to Section 822-X-2-.04, by a State or Tribe with which Alabama has a written reciprocal agreement pursuant to this Chapter, or by the EPA pursuant to 40 CFR 763 (Subpart E, Appendix C) to provide training for individuals engaged in asbestos abatement and asbestos-related activities.

(9)Administrative Procedures Act means the Alabama Administrative Procedures Act, §§ 41-22-1 to -22-27, Code of Alabama (1975).

(10)Asbestos means the asbestiform varieties of: chrysotile (serpentine); crocidolite (riebeckite); amosite (cummingtonite grunerite); anthophyllite; tremolite; and actinolite.

(11)Asbestos abatement means the removal, enclosure, or encapsulation of friable or nonfriable ACBM.

(12)Asbestos abatement project means any activity involving the removal, enclosure, or encapsulation of friable or nonfriable ACBM.

(13)Asbestos-containing building material (ACBM) means surfacing ACM, thermal system insulation ACM, or miscellaneous ACM that is found in or on a public and commercial building or interior structural members or other parts of a school building.

(14)Asbestos-containing material (ACM) means any material or product in or on a public and commercial building or in a school building which contains more than one percent (1%) asbestos.

(15)Asbestos-related activities means asbestos abatement, response actions, inspections, and project designs as defined in this Section.

(16)ASHARA means Asbestos School Hazard Abatement Reauthorization Act ( 40 CFR part 763, Appendix C to Subpart E).

(17)Asynchronous Online Course means a course that is delivered at any time and at any location.

(18)Course agenda means an outline of the key topics to be covered during a training course, and must include the starting time for each lecture, exercise, or hands-on section and the name of the instructor for each key topic.

(19)Course test means a closed-book evaluation of the overall effectiveness of the training which shall test the trainees' knowledge and retention of the topics covered during the course.

(20)Course student roster means a list of names of every individual who attended the course.

(21)Course test blue print means written documentation identifying the proportion of course test questions devoted to each major topic in the course curriculum.

(22)Discipline means one of the specific types or categories of asbestos-related activities identified in this Chapter for which individuals may receive training from accredited programs and become accredited by Safe State, namely: Inspector, Management Planner, Supervisor, Project Designer, and Abatement Worker.

(23)EPA means the United States Environmental Protection Agency.

(24)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).

(25)Enclosure means an airtight, impermeable, permanent barrier around ACBM to prevent the release of asbestos fibers into the air.

(26)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, having ten or more dwelling units if regulated under ASHARA or 5 or more dwelling units if regulated under NESHAP); 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 NESHAP is not excluded, regardless of its current use or function.

(27)Friable asbestos material means any material containing more that 1 percent asbestos as determined using the method specified in appendix E, subpart E, 40 CFR part 763, Section 1, Polarized Light Microscopy that, 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.

(28)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 classroom(s), cafeteria, gymnasium, hallway(s), that is designated by a person accredited to prepare management plans, design abatement projects, or conduct response actions.

(29)Guest instructor means an individual designated by the training program manager to provide instruction specific to the lecture, hands-on exercises, or work practice components of a course.

(30)Hands-on exercise means an activity that requires the student to practice performing a work task or procedure. An exercise or activity in which the instructor shows a student how to perform a task without requiring the student to actually perform the task is a demonstration and not a hands-on exercise.

(31)Hands-on skills assessment means an evaluation that tests the trainee's ability to satisfactorily perform the work practices and procedures identified in Section 822-X-2-.04(2)(b)1. -5. as well as any other skill taught in a training course.

(32)Homogeneous area means an area of surfacing material, thermal system insulation material, or miscellaneous material that is uniform in color and texture.

(33)Inspection means an activity undertaken in a school building or a public and commercial building to determine the presence or location of, or to assess the condition of, friable or nonfriable ACBM or suspected ACBM, whether by visual or physical examination, or by collecting samples of such material. This term includes re-inspections of friable and non- friable known or assumed ACBM that have been previously identified. The term does not include the following:

(a) Periodic surveillance of the type described in 40 CFR 763.92(b) solely for the purpose of recording or reporting a change in the condition of known or assumed ACBM;

(b) Inspections performed by employees or agents of the Federal, State, or local government solely for the purpose of determining compliance with applicable statutes or regulations; or

(c) Visual inspections of the type described in 40 CFR 763.90(i) solely for the purpose of determining completion of response actions.

Learning objective means the knowledge, skills, abilities, and behaviors a trainee is expected to obtain from a given instruction activity.

(35)Major fiber release episode means any uncontrolled or unintentional disturbance of 3 or more square feet or linear feet of ACBM.

(36)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 material.

(37)NESHAP means the National Emission Standards for Hazardous Air Pollutants.

(38)Nonfriable asbestos material means material in a school building or a public and commercial building which, when dry, may not be crumbled, pulverized, or reduced to powder by hand pressure.

(39)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.

(40)Person means an individual, firm, corporation, partnership, commission, state agency, county governmental body, municipality, party, company, association, or any other private or public legal entity; any Indian Tribe; any interstate body; and any department, agency, or instrumentality of the Federal government.

(41)Principal instructor means the individual who has the primary responsibility for organizing and teaching a particular course.

(42)Project design means a plan or set of specifications which describes how an asbestos abatement project is to be conducted.

(43)Public and commercial building means the interior space of any building which is not a school, except that the term does not include any residential apartment building of fewer than 10 dwelling units or detached single-family homes. The term includes, but is not limited to: industrial and office buildings, residential apartment buildings and condominiums of 10 or more dwelling units, government-owned buildings, colleges, museums, airports, hospitals, churches, preschools, stores, warehouses, and factories. Interior space includes exterior hallways connecting buildings, porticos, and mechanical systems used to condition interior space.

(44)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 or a public and commercial building.

(45)Repair means returning damaged ACBM to an undamaged condition or to an intact state so as to prevent fiber release.

(46)Response action means a method, including removal, encapsulation, enclosure, repair, or operations and maintenance, that protects human health and the environment from friable ACBM.

(47)Safe State means the Safe State Program, a division of the University of Alabama.

(48)School means any elementary or secondary school as defined in Section 198 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 2854).

(49)School building means:

(a) 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;

(b) Any gymnasium or other facility which is specially designed for athletic or recreational activities for an academic course in physical education;

(c) Any other facility used for the instruction or housing of students or for the administration of educational or research programs;

(d) 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 (a), (b), or (c);

(e) Any portico or covered exterior hallway or walkway; and

(f) Any exterior portion of a mechanical system used to condition interior space.

(50)Small-scale, short-duration (SSSD) activities means tasks such as, but not limited to:

(a) Removal of asbestos-containing insulation on pipes;

(b) Removal of small quantities of asbestos-containing insulation on beams or above ceilings;

(c) Replacement of an asbestos-containing gasket on a valve;

(d) Installation or removal of a small section of drywall;

(e) Installation of electrical conduits through or proximate to asbestos-containing materials; and SSSD can be further defined by the following considerations;

(f) Removal of small quantities of ACM only if required in the performance of another maintenance activity not intended as asbestos abatement;

(g) Removal of asbestos-containing thermal system insulation not to exceed amounts greater than those which can be contained in a single glove bag (appx. 40" x 64");

(h) Minor repairs to damaged thermal system insulation which do not require removal;

(i) Repairs to a piece of asbestos-containing wallboard; or

(j) Repairs, involving encapsulation, enclosure, or removal, to small amounts of friable ACM only if required in the performance of emergency or routine maintenance activity and not intended solely as asbestos abatement. Such work may not exceed the amounts greater than those which can be contained in a single prefabricated mini-enclosure. Such an enclosure shall conform spatially and geometrically to the localized work area, in order to perform its intended containment function.

(51)Surfacing material means material in a school building or a public and commercial building that is sprayed-on, troweled-on, or otherwise applied to surfaces, such as acoustical plaster on ceilings and fireproofing materials on structural members, or other materials on surfaces for acoustical, fireproofing, or other purposes.

(52)Synchronous Online Course means an online course that is delivered live.

(53)Thermal system insulation material means material in a school building or a public and commercial 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.

(54)Training course means a course of instruction designed to develop specialized knowledge and skills in asbestos-related activities and shall include any asbestos training course which has been accredited pursuant to Section 822-X-2-.04.

(55)Training curriculum means an established set of course topics for instruction in an accredited training program for a particular discipline designed to provide specialized knowledge and skills.

(56)Training hour means at least 50 minutes of actual instruction, including, but not limited to, time devoted to lecture, learning activities, small group activities, demonstrations, evaluations, hands-on exercises, or any combination of lecture, activity, demonstration, evaluation, or hands-on exercises. Training hours do not include registration, breaks, and meals.

(57)Training manager means the individual responsible for administering a training program, monitoring the performance of principal instructors and guest instructors, and ensuring that the training program complies at all times with the requirements of Section 822-X-2-.04.

(58)TSCA means the Toxic Substances Control Act, 15 U.S.C. 2646, et seq., as amended.

(59)Week day means Monday, Tuesday, Wednesday, Thursday, or Friday except for holidays.

Ala. Admin. Code r. 822-X-2-.03

New Rule: Filed October 1, 2001; effective November 5, 2001.

Amended by Alabama Administrative Monthly Volume XXXVII, Issue No. 02, November 30, 2018, eff. 12/21/2018.

Authors: Michael Rasbury, Jason Brasfield, John Sikes, Charles Markin

Statutory Authority:Code of Ala. 1975, Title 22 Chapter 39 Acts 1989, No. 89-517; Acts 1997, No. 97-626.