Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 501 - ASBESTOS REQUIREMENTS › Section 11-501-2 - Definitions

Current through June, 2024
As used in this chapter:
"ACM" means asbestos-containing material.
"Act" means the Clean Air Act (
				  42 U.S.C.
				  §7401 et seq.).
"Active waste disposal site" means any disposal site other
				  than an inactive site.
"Adequately wet" means sufficiently mix or penetrate with
				  liquid to prevent the release of particulates. If visible emissions are
				  observed coming from asbestos-containing material, then that material has not
				  been adequately wetted. However, the absence of visible emissions is not
				  sufficient evidence of being adequately wet.
"Asbestos" means the asbestiform varieties of: chrysotile
				  (serpentinite); crocidolite (riebeckite); amosite (cummingtonite-grunerite);
				  anthophyllite; and actinolite-tremolite.
"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.
"Asbestos-containing waste materials" means mill tailings or
				  any waste that contains commercial asbestos and is generated by a source
				  subject to the provisions of this chapter. This term includes filters from
				  control devices, friable asbestos waste material, and bags or other similar
				  packaging contaminated with commercial asbestos. As applied to demolition and
				  renovation operations, this term also includes regulated asbestos-containing
				  material waste and materials contaminated with asbestos including disposable
				  equipment and clothing.
"Asbestos waste from control devices" means any waste
				  material that contains asbestos and is collected by a pollution control
				  device.
"BID" means background information document.
"Category I nonfriable ACM" means asbestos-containing
				  packings, gaskets, resilient floor covering, and asphalt roofing products
				  containing more than one per cent asbestos as determined using the method
				  specified in 40 CFR part 763, subpart E, appendix E, section I, entitled
				  "Polarized Light Microscopy," dated May 27, 1982.
"Category II nonfriable ACM" means any material, excluding
				  category I nonfriable ACM, containing more than one per cent asbestos as
				  determined using the methods specified in 40 CFR part 763, subpart E, appendix
				  E, section I, entitled "Polarized Light Microscopy," dated May 27, 1982, that,
				  when dry, cannot be crumbled, pulverized, or reduced to powder by hand
				  pressure.
"Commercial asbestos" means any material containing asbestos
				  that is extracted from ore, and has value because of its asbestos
				  content.
"Containment" means the isolation of an asbestos removal
				  area from the outside air by use of physical barriers.
"Completion date" means the date on which containment is
				  removed or, if an exception was given for the use of containment, the date on
				  which all removal work has been completed.
"Cutting" means to penetrate with a sharp-edged instrument
				  and includes sawing, but does not include shearing, slicing, or punching if the
				  action does not render the material friable.
"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.
"Effective date" is ten days after filing the applicable
				  chapter with the lieutenant governor's office.
"Emergency renovation operation" means a renovation
				  operation that was not planned but results from a sudden unexpected event that,
				  if not immediately attended to, presents a safety or public health hazard, is
				  necessary to protect equipment from damage, or is necessary to avoid imposing
				  an unreasonable financial burden. This term includes operations necessitated by
				  non-routine failures of equipment.
"Encapsulate" means to apply a material, such as latex
				  paint, which penetrates the ACM and binds the fibers, rendering them
				  nonfriable.
"EPA" means the United States Environmental Protection
				  Agency.
"Fabricating" means any processing (e.g., cutting, sawing,
				  drilling) of a manufactured product that contains commercial asbestos, with the
				  exception of processing at temporary sites (field fabricating) for the
				  construction or restoration of facilities. In the case of friction products,
				  fabricating includes bonding, debonding, grinding, sawing, drilling, or other
				  similar operations performed as part of fabricating.
"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.
"Facility component" means any part of a facility, including
				  equipment, boilers, pipes, furnaces, ducts, tanks, reactors, turbines, or
				  structural members.
"Friable asbestos material" means any material containing
				  more than one per cent asbestos as determined using the method specified in 40
				  CFR part 763, subpart E, appendix E, section I, entitled "Polarized Light
				  Microscopy," dated May 27, 1982, that, when dry, can be crumbled, pulverized,
				  or reduced to powder by hand pressure. These include sprayed-on or troweled-on
				  fireproofing, acoustic ceiling material and ceiling tiles, linoleum backing,
				  thermal system insulation, non-asphalt-saturated roofing felts,
				  asbestos-containing paper, and joint compound. ACM that has been rendered to a
				  crumbled, pulverized, or powdered state, when dry, by crushing, sanding,
				  sawing, shot-blasting, or other demolition or renovation techniques is friable,
				  which include category I non-friable asbestos containing material. ACM, in
				  which the asbestos fibers are bound into a matrix, that has been rendered to a
				  crumbled, pulverized, or powdered state, when dry, by crushing, sanding,
				  sawing, shot-blasting, severe weathering, or other demolition or renovation
				  techniques is friable, which include category II nonfriable ACM.
"Fugitive source" means any source of emissions not
				  controlled by an air pollution control device.
"Glove bag" means a sealed compartment with attached inner
				  gloves used for the handling of ACM. Properly installed and used, glove bags
				  provide a small work area enclosure typically used for small-scale asbestos
				  stripping operations.
"Grinding" means to reduce to powder or small fragments and
				  includes drilling, cutting, chipping, or any activity that renders otherwise
				  non-friable material friable.
"HEPA filter" mean high efficiency particulate air
				  filter.
"Homogeneous area" means an area of surfacing material,
				  thermal system insulation material, or miscellaneous material that is uniform
				  in color and texture, and which does not extend to other floors or
				  buildings.
"In poor condition" means the binding of the material is
				  losing its integrity as indicated by peeling, cracking, or crumbling of the
				  material.
"Inactive waste disposal site" means any disposal site or
				  portion of it where additional asbestos-containing waste material has not been
				  deposited within the past year.
"Installation" means any building or structure or any group
				  of buildings or structures at a single demolition or renovation site that is
				  under the control of the same owner or operator (or owner or operator under
				  common control).
"Leak-tight" means that solids or liquids cannot escape or
				  spill out.
"Malfunction" means any sudden and unavoidable failure of
				  air pollution control equipment or process equipment or of a process to operate
				  in a normal or usual manner so that emissions of asbestos are increased.
				  Failures of equipment shall not be considered malfunctions if they are caused
				  in any way by poor maintenance, careless operation, or any other preventable
				  upset conditions, equipment breakdown, or process failure.
"Manufacturing" means the combining of commercial asbestos -
				  or, in the case of woven friction products, the combining of textiles
				  containing commercial asbestos - with any other material, including commercial
				  asbestos, and the processing of this combination into a product. Chlorine
				  production is considered a part of manufacturing.
"Natural barrier" means a natural object that effectively
				  precludes or deters access. Natural objects include physical obstacles such as
				  cliffs, lakes, or other large bodies of water, deep and wide ravines, and
				  mountains. Remoteness by itself is not a natural barrier.
"NESHAP" means the National Emission Standards for Hazardous
				  Air Pollutants, 40 CFR Part 61.
"Nonfriable asbestos-containing material" means any material
				  containing more than one per cent asbestos as determined using the method
				  specified in 40 CFR part 763, subpart E, appendix E, section I, entitled
				  "Polarized Light Microscopy," dated May 27, 1982, that, when dry, cannot be
				  crumbled, pulverized, or reduced to powder by hand pressure.
"Nonscheduled renovation operation" means a renovation
				  operation necessitated by the routine failure of equipment, which is expected
				  to occur within a given period based on past operating experience, but for
				  which an exact date cannot be predicted.
"Operator of a demolition or renovation activity" means any
				  person who owns, leases, operates, controls, or supervises the demolition or
				  renovation operation.
"OSHA" means the Occupational Safety and Health
				  Administration of the U.S. Department of Labor.
"Outside air" means the air outside buildings and
				  structures, including, but not limited to, the air under a bridge or in an open
				  air ferry dock.
"Owner of a demolition or renovation activity" means any
				  person who owns, leases, operates, controls, or supervises the facility being
				  demolished or renovated.
"Particulate asbestos material" means finely divided
				  particles of asbestos or ACM.
"Planned renovation operation" means a renovation operation,
				  or a number of renovation operations, in which some RACM will be removed or
				  stripped within a given period of time and that can be predicted. Individual
				  nonscheduled operations are included if a number of such operations can be
				  predicted to occur during a given period of time based on operating
				  experience.
"PLM" means polarize light microscopy.
"RACM" means regulated asbestos-containing material.
"Regulated asbestos-containing material" means:
(1) Friable asbestos material;
(2) Category I nonfriable ACM that has become friable;
(3) Category I nonfriable ACM that will be or has been
				  subjected to sanding, drilling, grinding, cutting, abrading, or any other
				  activity that may render the material friable; and
(4) 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 chapter.
"Remove" means to take out RACM or facility components that
				  contain or are covered with RACM from any facility.
"Renovation" means altering a facility or one or more
				  facility components in any way, including the stripping or removal of RACM from
				  a facility component. Operations in which load-supporting structural members
				  are wrecked or taken out are demolitions.
"Resilient floor covering" means asbestos-containing floor
				  tile, including asphalt and vinyl floor tile, and sheet vinyl floor covering
				  containing more than one per cent asbestos as determined using Polarized Light
				  Microscopy according to the method specified in 40 CFR part 763, subpart E,
				  appendix E, section I, entitled "Polarized Light Microscopy," dated May 27,
				  1982; but not including linoleum, sheet linoleum, or the backing of linoleum,
				  which are considered friable for the purpose of this chapter.
"Roadways" means surfaces on which vehicles travel. This
				  term includes public and private highways, roads, streets, parking areas, and
				  driveways.
"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 ACM 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.
"Starting date" means the date on which actual asbestos
				  disturbance, removal, or demolition begins.
"Startup" means the setting in operation of a stationary
				  source for any purpose.
"Strip" means to take off RACM from any part of a facility
				  or facility components.
"Structural member" means any load-supporting member of a
				  facility, such as beams and load-supporting walls, or any non-load-supporting
				  member, such as ceilings and non-load-supporting walls.
"Visible emission" means any emissions which are visually
				  detectable without the aid of instruments coming from RACM or
				  asbestos-containing waste material, or from any asbestos milling,
				  manufacturing, or fabricating operation. This includes asbestos debris found
				  outside of containment at a job site. This does not include condensed,
				  uncombined water vapor.
"Waste generator" means any owner or operator of a source
				  regulated by this chapter whose act or process produces asbestos-containing
				  waste material.
"Waste shipment record" means the shipping document,
				  required to be originated and signed by the waste generator, used to track and
				  substantiate the disposition of asbestos-containing waste material.
"Working day" means Monday through Friday and includes
				  holidays that fall on any of the days Monday through Friday.