Mississippi Administrative Code › Title 11 - Mississippi Department of Environmental Quality › Part 2 - Air Regulations › Chapter 10 - Mississippi Commission on Environmental Quality Regulations for the Accreditation and Certification of Asbestos Abatement Personnel (Adopted December 20, 1989, Amended October 25, 1990, Last Amended November 20, 2003) › Rule 11-2-10.2 - Definitions

Current through June 25, 2024
A. "Abatement" means removal, encapsulation,
				enclosure or repair of or an operations and maintenance program for
				asbestos-containing materials including responses to major fiber release
				episodes.
B. "Act" shall mean the
				Asbestos Abatement Accreditation and Certification Act.
C. "Air monitor" means a person who collects
				airborne samples for analysis of asbestos fibers during an abatement project
				including baseline, area and clearance samples.
D. "Asbestos" means the asbestiform varieties
				of: chrysotile (serpentine); crocidolite (riebeckite); amosite
				(cummingtonite-grunerite); anthophyllite; tremolite; and actinolite.
E. "Asbestos-containing materials" (ACM)
				means any material or product which contains more than one percent (1[CENT])
				asbestos.
F. "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.
G. "Building" means (1) any structure having
				two or more walls and a roof or ceiling and (2) any other structure that is
				totally enclosed.
H. "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.
I. "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, except that a commercial building shall not include any
				residence.
J. "Commission" means
				the Mississippi Commission on Environmental Quality.
K. "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.