Section 326 IAC 18-1-2 - DefinitionsAuthority: IC 13-14-8; IC 13-17-3-4; IC 13-17-3-11; IC 13-17-6
Affected: IC 13-11-2; IC 13-17
Sec. 2.
In addition to the definitions in IC 13-11-2, the following definitions apply throughout this article:
(1) "Active waste disposal site" means any disposal site other than an inactive site.(2) "Approved initial training course" means a course approved by the department under this article for purposes of providing initial training to persons to become licensed.(3) "Approved refresher training course" means a course approved by the department under this article for purposes of providing refresher training to licensed persons.(4) "Asbestos" means the asbestiform varieties of the following:(A) Chrysotile (serpentine).(B) Crocidolite (riebeckite).(C) Amosite (cummingtonite-grunerite).(5) "Asbestos abatement contractor" means an individual, partnership, corporation, sole proprietorship, unincorporated association, franchise, enterprise, or any other entity that enters into one (1) or more contracts providing for the individual or entity to engage in the inspection, management, or abatement of ACM for compensation.(6) "Asbestos-containing material" or "ACM" means the following: (A) A material that contains more than one percent (1%) asbestos by area and that:(ii) has a reasonable probability of becoming friable in the course of ordinary or anticipated use of the building containing the material.(B) The term does not include asbestos-containing resilient floor covering materials, including: (i) sheet vinyl flooring;(iii) associated adhesives; unless the materials are sanded, beadblasted, or mechanically pulverized so that visible emissions are discharged.
(7) "Asbestos license" means a document issued by the department to a person meeting the licensing requirements of 326 IAC 18-2.1.(8) "Asbestos project" means an activity involving ACM, including the following: (9) "Certificate of training" means a document issued by an approved training course provider to a person indicating that the person attended an approved initial or refresher training course and received a passing score on the written examination for the course. A certificate of training issued to a person seeking licensing by the department is not valid for purposes of this subdivision if the certificate of training is issued by a training course provider who is the person's partner or employer or a subsidiary entity of the person's employer.(10) "Day", for purposes of determining duration of approved training courses, means eight (8) hours including breaks and lunch.(11) "Discipline" means one (1) of the following specific categories of asbestos activities identified in this article for which persons may receive training from an approved training course provider and become licensed by the department: (F) Asbestos abatement contractor.(12) "Electronic submission" means a submission of information to the department via electronic media. The media may include the following:(A) Magnetic storage tape or disk.(B) Compact disc read-only memory (CD-ROM).(C) Electronic mail and attachments.(D) File transfer protocol (FTP).(E) Hypertext transfer protocol (HTTP).(13) "Facility" means any:(B) 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 residential buildings having four (4) or fewer dwelling units);(D) 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 326 IAC 14-10 is included regardless of its current use or function.
(14) "Facility component" means any part of a facility, including equipment.(15) "Friable" means that the material, when dry, may be crumbled, pulverized, or reduced to powder by hand pressure or mechanical forces reasonably expected to act on the material and includes previously nonfriable material after the nonfriable material becomes damaged to the extent that when dry it may be crumbled, pulverized, or reduced to powder by hand pressure or mechanical forces reasonably expected to act on the material.(16) " Guest instructor" means an individual designated by a training course provider to assist the instructor with hands-on training or to teach one (1) or more topical areas under the general supervision of the instructor.(17) "Hands-on training", when referring to a topic covered by a training course, means training that gives students actual experience performing tasks associated with the applicable discipline described in 326 IAC 18-4.(18) "Inactive waste disposal site" means any disposal site or portion of the disposal site where additional asbestos-containing waste material has not been deposited within the previous twelve (12) months.(19) "Inspection" means those activities undertaken to specifically determine the presence or location, or to assess the condition of, friable or nonfriable ACM, or suspected ACM, whether by visual or physical examination, or by collecting samples of the material. In addition, the term includes all reinspections of friable and nonfriable known or assumed ACM that has been previously identified. The term excludes the activities of periodic surveillance, compliance inspections, and visual inspections as referenced in 40 CFR 763.90(i) *.(20) "Inspector" means a person licensed under this article to conduct an inspection for ACM in a facility.(21) "Licensed", when referring to a person, means a person holding a current asbestos license issued by the department under this article in the following disciplines: (F) Asbestos abatement contractor.(22) "Major fiber release episode" means any disturbance of ACM, resulting in a visible emission, that involves the falling or dislodging of more than three (3) square feet, three (3) linear feet, or seventy-five hundredths (0.75) cubic foot of friable ACM.(23) "Management plan" means a document prepared under 40 CFR 763, Subpart E* that addresses the manner in which ACM will be handled in a school building.(24) "Management planner" means a person licensed under this article who prepares management plans for schools.(25) "Nonfriable", when referring to material at a facility, means material that, when dry, may not be crumbled, pulverized, or reduced to powder by hand pressure or mechanical forces reasonably expected to act on the material.(26) "Person" has the meaning set forth in IC 13-11-2-158(a).(27) "Project designer" means a person licensed under this article who designs any of the following activities with respect to RACM in a facility: (B) A maintenance activity that disturbs RACM.(C) An asbestos project for a major fiber release episode.(28) "Project supervisor" means a person licensed under this article to supervise or perform any of the following activities with respect to RACM in a facility: (B) A maintenance activity that disturbs RACM.(C) An asbestos project for a major fiber release episode.(29) "Regulated asbestos-containing material" or "RACM" means the following:(A) Friable asbestos material.(B) Category I nonfriable ACM that has become friable.(C) Category I nonfriable ACM that will be or has been subjected to:(D) Category II nonfriable ACM that has a high probability of becoming 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 article.(E) The term does not include nonfriable asbestos-containing resilient floor covering materials including: (i) sheet vinyl flooring;(iii) associated adhesives; unless the materials are sanded, beadblasted, or mechanically pulverized so that visible emissions are discharged or the materials are burned.
(30) "Response action" means a method that protects human health and the environment from RACM, including: (E) operation and maintenance.(31) "School" means any elementary or secondary institutional day or residential school, including a public elementary or secondary charter school, that provides education, as determined under state law, except that the term does not include any education beyond grade 12.(32) "School building" means any of the following:(A) A structure suitable for use as a:(iv) school eating facility; or(v) facility used for the preparation of food.(B) A gymnasium or other facility at a school that is specially designed for athletic or recreational activities for an academic course in physical education.(C) Any other facility used by a school for the instruction or housing of students or for the administration of educational or research programs.(D) A maintenance, storage, or utility facility, including any hallway, essential to the operation of any facility described in clauses (A) through (C).(E) A portico or covered exterior hallway or walkway that is part of a school.(F) An exterior portion of a mechanical system used to heat, ventilate, or air condition interior space of a school.(33) "Training course provider" means a person who owns, provides, or offers to provide a training course for which approval is required under this article.(34) "TSCA Title II" refers to 15 U.S.C. 2641 et seq. of the federal Toxic Substances Control Act.(35) "Worker" means a person licensed under this article who performs any of the following activities with respect to RACM in a facility:(B) A maintenance activity that disturbs RACM.(C) An asbestos project for a major fiber release episode. *These documents are incorporated by reference. Copies may be obtained from the Government Publishing Office, www.gpo.gov, or are available for review at the Indiana Department of Environmental Management, Office of Legal Counsel, Indiana Government Center North, 100 North Senate Avenue, Thirteenth Floor, Indianapolis, Indiana 46204.
Air Pollution Control Board; 326 IAC 18-1-2; filed Sep 23, 1988, 1:45 p.m.: 12 IR 269; filed Jul 19, 1990, 4:50 p.m.: 13 IR 2110; filed Dec 5, 1990, 3:40 p.m.: 14 IR 612; filed Jul 5, 1995, 10:00 a.m.: 18 IR 2740; errata filed Jul 5, 1995, 10:00 a.m.: 18 IR 2795; filed May 12, 1998, 9:15 a.m.: 21 IR 3748; readopted filed Jan 10, 2001, 3:20 p.m.: 24 IR 1477; errata filed Dec 12, 2002, 3:35 p.m.: 26 IR 1572; filed Aug 26, 2004, 11:30 a.m.: 28 IR 99; filed Feb 14, 2005, 11:15 a.m.: 28 IR 2022Filed 5/9/2019, 2:28 p.m.: 20190605-IR-326090363FRAReadopted filed 10/18/2024, 2:09 p.m.: 20241113-IR-326230809RFA