Connecticut Administrative Code › Title 19a - Public Health and Well-being › 333 - Asbestos-Containing Materials in Schools › Section 19a-333-1 - Definitions, as used in sections 19a-333-1 through 19a-333-13

Current through July 10, 2024
(a) "Act" means the federal Toxic Substances
			 Control Act (TSCA),
			 15 U.S.C. sections
			 2601 et seq. as amended;
(b) "Accessible" when referring to ACM, means
			 that the material is subject to disturbance by school building occupants or
			 custodial or maintenance personnel in the course of their activities;
(c) "Accredited" or "accreditation" when
			 referring to a person or laboratory, means that such person or laboratory is
			 accredited in accordance with section 206 of Title II of the Act and with the
			 requirements established by sections 19a-332-17 through 19a-332-23 of the
			 regulations of Connecticut State Agencies as amended;
(d) "Air erosion" means the passage of air
			 over friable ACBM which may result in the release of asbestos fibers;
(e) "Approved Training Provider" means any
			 individual or entity which satisfactorily demonstrates through application and
			 submission of course agenda, faculty resumes, training manuals, examination
			 materials, and equipment inventory that it meets the requirements established
			 by section 19a-332-17 through section 19a-332-23 of the regulations of
			 Connecticut State Agencies as amended;
(f) "Asbestos" means the asbestiform
			 varieties of: chrysotile (serpentine), crocid-olite (riebeckite), amosite
			 (cummingtonitegrunerite), anthophyllite, tremolite, and actinolite;
(g) "Asbestos-containing material" (ACM) when
			 referring to school buildings, means any material or product which contains
			 more than 1 percent asbestos by weight either alone or mixed with other fibrous
			 or nonfibrous material;
(h)
			 "Asbestos-containing building material" (ACBM) means surfacing ACM, thermal
			 system insulation ACM, or miscellaneous ACM that is found in or on interior
			 structural members or other parts of a school building;
(i) "Asbestos contractor" means any
			 accredited person or entity engaged in asbestos abatement whose employees
			 actually perform the asbestos abatement work;
(j) "Asbestos debris" means pieces of ACBM
			 that can be identified by color, texture, or composition, including dust if the
			 dust is determined by an accredited inspector to be ACM;
(k) "Asbestos inspector" means any accredited
			 person who identifies, assesses the condition of, or collects bulk samples of
			 suspected ACM;
(l) "Asbestos
			 management planner" means a person who is accredited to assess the health
			 hazard posed by the asbestos-containing material, determines the appropriate
			 response action, and develops a schedule for implementing response actions in
			 schools;
(m) "Asbestos project
			 designer" means any accredited person who determines how asbestos abatement
			 work should be conducted and who prepares, for purposes of an abatement
			 project, plans, designs, procedures, workscope or other substantive directions
			 or criteria;
(n) "Assessment" when
			 used in reference to ACBM in a school building, means any evaluation of ACBM,
			 or suspected ACBM, which leads to a determination of the need for response
			 action;
(o) "Commissioner" means
			 the Commissioner of Health Services or his/her authorized agent;
(p) "Damaged friable miscellaneous ACM" means
			 friable miscellaneous ACM which has deteriorated or sustained physical injury
			 such that the internal structure (cohesion) of the material is diminished or,
			 if applicable, which has delaminated such that its bond to the substrate
			 (adhesion) is diminished or which, for any other reason, lacks fiber cohesion
			 or adhesion qualities. Such damage or deterioration may be illustrated by the
			 separation of ACM into layers; separation of ACM from the substrate; flaking,
			 blistering, or crumbling of the ACM from the substrate; significant or repeated
			 water stains, scrapes, gouges, marks, asbestos debris originating from the ACBM
			 in question, or other signs of physical injury on the ACM;
(q) "Damaged friable surfacing ACM" means
			 friable surfacing ACM which has deteriorated or sustained physical injury such
			 that the internal structure (cohesion) of the material is diminished or which
			 has delaminated such that its bond to the substrate (adhesion) is diminished or
			 which, for any other reason, lacks fiber cohesion or adhesion qualities as
			 illustrated by the separation of ACM into layers; separation of ACM from the
			 substrate; flaking, blistering, or crumbling of the ACM surface; water damage;
			 significant or repeated water stains, scrapes, gouges, marks, asbestos debris
			 originating from the ACBM in question, or other signs of physical injury on the
			 ACM;
(r) "Damaged or significantly
			 damaged thermal system insulation ACM" means thermal system insulation ACM on
			 pipes, boilers, tanks, ducts, and other thermal system insulation equipment
			 where the insulation has lost its structural integrity, or its covering, in
			 whole or in part, is crushed, waterstained, gouged, punctured, missing, or not
			 intact such that it is not able to contain fibers, as may be further
			 illustrated by occasional punctures, gouges, or other signs of physical injury
			 to ACM; occasional water damage on the protective coverings/jackets; or exposed
			 ACM ends or joints, or asbestos debris originating from the ACBM in
			 question;
(s) "Department" means
			 the Connecticut Department of Health Services;
(t) "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);
(u) "Enclosure" means an airtight,
			 impermeable, permanent barrier around ACBM to prevent the release of asbestos
			 fibers into the air;
(v) "EPA"
			 means the United States Environmental Protection Agency;
(w) "Fiber release episode" means any
			 uncontrolled or unintentional disturbance of ACM resulting in visible
			 emission;
(x) "Friable" means that
			 the material, when dry, may be crumbled, pulverized, or reduced to powder by
			 hand pressure, and includes previously nonfriable material after it becomes
			 damaged to the extent that when dry it may be crumbled, pulverized, or reduced
			 to powder by hand pressure;
(y)
			 "Functional space" means a room, group of rooms, or areas of similar usage
			 (including crawl spaces or the space between a dropped ceiling of the floor of
			 roof deck above), such as classroom(s), a cafeteria, gymnasium, hallway(s),
			 designated by a person accredited to prepare management plans, design abatement
			 projects, or conduct response actions;
(z) "High-efficiency particulate air" (HEPA)
			 means a filtering system capable of trapping and retaining at least 99.97
			 percent of all monodispersed particles 0.3 micrometer in diameter or
			 larger;
(aa) "Homogeneous area"
			 means an area of surfacing material, thermal system insulation material, or
			 miscellaneous material that is uniform in color and texture;
(bb) "Local education agency" means:
(1) any local educational agency as defined
			 in Section 198 of the Elementary and Secondary Education Act of 1965 ( 20
			 U.S.C. section 3381 ) as amended; or
(2) the owner of any nonpublic, nonprofit
			 elementary, or secondary school building; or
(3) the governing authority of any school
			 operated under the defense dependents education system provided for under the
			 Defense Dependents' Education Act of 1978 (
			 20 U.S.C. sections
			 921, et seq.) as amended;