Louisiana Administrative Code › Title 33 - ENVIRONMENTAL QUALITY › Part III - Air › Chapter 27 - Asbestos-Containing Materials (ACM) in Schools and State Buildings › Section III-2703 - Definitions

Current through Register Vol. 50, No. 6, June 20, 2024
A. The terms used
				in this Chapter are defined in LAC 33:III.111 and LAC 33:III.5151.B of these
				regulations with the exception of those terms specifically defined in this
				Section as follows.
Accessible
- when referring to
				  asbestos-containing material, material that is subject to disturbance by school
				  or state building occupants or custodial or maintenance personnel in the course
				  of their normal activities.
Accredited
or
Accreditation
-when referring to a person,
accreditation
by the Department of Environmental Quality under
				  the provisions of LAC 33:III.2799 and when referring to a laboratory,
accreditation
under the provisions of LAC 33:I, Subpart 3,
				  Chapters 45-59.
Act
- the Louisiana Asbestos Abatement
				  Act.
Agent
- any individual or entity (i.e.,
				  architect, industrial hygienist, consultant, etc.) who plans, executes, and/or
				  monitors an asbestos project.
Air Erosion
-the passage of air over friable
				  asbestos-containing building material which may result in the release of
				  asbestos fibers.
Asbestos
- the asbestiform varieties of
				  Chrysotile (serpentine), crocidolite (riebeckite), amosite
				  (cummingtonite-grunerite), anthophyllite, tremolite, and actinolite.
Asbestos Abatement Entity (AAE)
- any
				  individual, partnership, firm, association, corporation, sole proprietorship or
				  other business concern, as well as any governmental, religious or social
				  organization, or union with one or more employees or members involved in
				  asbestos projects.
Asbestos
-
Containing Building
				  Material (ACBM)
- surfacing ACM, thermal system insulation ACM, or
				  miscellaneous ACM in or on interior structural members or other parts of a
				  school or state building.
Asbestos-Containing Material (ACM)
-when
				  referring to schools or state buildings, any material or product which contains
				  more than 1 percent asbestos as determined by using the method specified in
				  appendix E, subpart E,    40 CFR part 763, section 1, polarized light microscopy.
Asbestos Debris
- pieces of ACBM that can be
				  identified by color, texture, or composition, or dust, if the dust is
				  determined by an accredited inspector to be ACM.
Category I Nonfriable
				  ACM
-asbestos-containing packings, gaskets, resilient floor covering,
				  and asphalt roofing products containing more than 1 percent asbestos as
				  determined by using the method specified in appendix E, subpart E, 40 CFR part
				  763, section 1, polarized light microscopy that when dry cannot be crumbled,
				  pulverized, or reduced to powder by hand pressure.
Category II Nonfriable ACM
- any material,
				  excluding category I nonfriable ACM, containing more than 1 percent asbestos as
				  determined by using the method specified in appendix E, subpart E, 40 CFR part
				  763, section 1, polarized light microscopy that, when dry, cannot be crumbled,
				  pulverized, or reduced to powder by hand pressure.
Damaged Floor Covering that Contains
				  ACM
-resilient floor covering or the mastic used to attach it to the
				  floor surface that contains ACM which has deteriorated or sustained physical
				  impact such that the internal structure (cohesion) of the material is
				  inadequate or, if applicable, which has delaminated such that its bond to the
				  substrate (adhesion) is inadequate 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 surface; water damage; significant
				  or repeated water stains; scrapes, gouges, or mars; or other signs of physical
				  impact on the ACM. Asbestos debris originating from the ACBM in question may
				  also indicate damage.
Damaged Friable Miscellaneous ACM
- friable
				  miscellaneous ACM which has deteriorated or sustained physical injury such that
				  the internal structure (cohesion) of the material is inadequate or, if
				  applicable, which has delaminated such that its bond to the substrate
				  (adhesion) is inadequate 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 surface; water damage; significant or
				  repeated water stains; scrapes, gouges, or mars; or other signs of physical
				  injury on the ACM. Asbestos debris originating from the ACBM in question may
				  also indicate damage.
Damaged Friable Surfacing ACM
- friable
				  surfacing ACM which has deteriorated or sustained physical injury such that the
				  internal structure (cohesion) of the material is inadequate or which has
				  delaminated such that its bond to the substrate (adhesion) is inadequate, 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; flaking, blistering, or crumbling of the ACM surface by water damage;
				  significant or repeated water stains; scrapes, gouges, or mars; or other signs
				  of physical injury on the ACM. Asbestos debris originating from the ACBM in
				  question may also indicate damage.
Damaged or Significantly Damaged Thermal System
				  Insulation ACM
- 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, or the ACM is crushed, water stained, gouged, punctured, missing, or not
				  intact such that it is not able to contain fibers. Damage 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. Asbestos debris originating from the ACBM in question may
				  also indicate damage.
Encapsulation
- the treatment of ACBM with a
				  material that surrounds or embeds asbestos fibers in an adhesive matrix to
				  prevent the release of fibers by the encapsulant creating a membrane over the
				  surface (bridging encapsulant) or penetrating the material and binding its
				  components together (penetrating encapsulant).
Enclosure
- an airtight, impermeable,
				  permanent barrier around ACBM to prevent the release of asbestos fibers into
				  the air.
Facility Component
-any part of a facility,
				  including equipment, that is under the control of a local education agency or
				  the state.
Fiber Release Episode
- any uncontrolled or
				  unintentional disturbance of ACBM.
Friable
- when referring to material in a
				  school or state building, material 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.
Friable Asbestos-Containing Building Material
				  (ACBM)
- any friable ACM that is in or on interior structural members
				  or other parts of a school or state building.
Friable Asbestos-Containing Material (ACM)
- any material containing more than 1 percent asbestos as determined by using
				  the method specified in appendix E, subpart E, 40 CFR part 763, section 1,
				  polarized light microscopy, which has been applied on ceilings, walls,
				  structural members, piping, duct work, or any other part of the building, which
				  when dry, may be crumbled, pulverized, or reduced to powder by hand pressure.
				  If the asbestos content is less than 10 percent as determined by a method other
				  than point counting by polarized light microscopy (PLM), the asbestos content
				  can be verified by point counting using PLM or assume the amount to be greater
				  than 1 percent and treat the material as ACM.
Functional Space
- 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), a cafeteria,
				  gymnasium, or hallway(s), designated by a person accredited to prepare
				  management plans, design abatement projects, or conduct response
				  actions.
Guest Instructor
-an individual with
				  expertise in a specific non-asbestos field who is designated by the RATP or
				  principal trainer to provide instruction specific to certain course topics
				  (i.e., law, medicine, etc.).
High-Efficiency Particulate Air (HEPA)
-
				  refers to a filtering system capable of trapping and retaining at least 99.97
				  percent of all monodispersed particles 0.3 [MICRO]m in diameter or
				  larger.
Homogeneous Area
- an area of surfacing
				  material, thermal system insulation material, or miscellaneous material that is
				  uniform in color and texture.
Inspection
-any activity undertaken in a
				  school building, or a state building, to determine the presence or location, or
				  to assess the condition of friable or nonfriable asbestos-containing material
				  (ACM), whether by visual or physical examination, or by collecting samples of
				  such material. This term includes reinspections of friable and nonfriable known
				  or assumed ACM which has been previously identified. The term does not include
				  the following:
a. periodic surveillance of the type described in LAC
				  33:III.2721.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 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 LAC
				  33:III.2717.J solely for the purpose of determining completion of response
				  actions.
a. a public board of education or other authority legally
				  constituted within Louisiana for either administrative control or direction of,
				  or to perform a service function for, public or private; profit or nonprofit;
				  day, night, or residential schools; elementary or secondary schools, colleges,
				  graduate, medical, dental, or post-graduate education institutions;
b. the governing authority of any elementary or secondary
				  school, college, or post-graduate education institution.
Major Fiber Release Episode
- any
				  uncontrolled or unintentional disturbance of ACBM, which involves the falling
				  or dislodging of more than 3 square or linear feet of friable ACBM.
Minor Fiber Release Episode
- any
				  uncontrolled or unintentional disturbance of ACBM, which involves the falling
				  or dislodging of 3 square or linear feet or less of friable ACBM.
Miscellaneous ACM
- miscellaneous material
				  that is ACM in a school or state building.
Miscellaneous Material
- interior building
				  material in structural components, structural members, or fixtures, such as
				  floor and ceiling tiles, not including surfacing material or thermal system
				  insulation.
Nonfriable
- material in a school or state
				  building that when dry may not be crumbled, pulverized, or reduced to powder by
				  hand pressure.
Operations and Maintenance Program (O and
				  M)
-a program of work practices to maintain regulated ACM in good
				  condition, ensure cleanup of asbestos fibers previously released, and prevent
				  further release by minimizing and controlling disturbance or damage of
				  regulated ACM.
Potential Damage
- refers to circumstances
				  in which:
a. friable ACBM is in an area regularly used by building
				  occupants, including maintenance personnel, in the course of their normal
				  activities;
b. there are indications that there is a reasonable
				  likelihood that the material or its covering will become damaged, deteriorated,
				  or delaminated due to factors such as changes in building use, changes in
				  operations and maintenance practices, changes in occupancy, or recurrent
				  damage.
a. friable ACBM is in an area regularly used by building
				  occupants, including maintenance personnel, in the course of their normal
				  activities;
b. there are indications that there is a reasonable
				  likelihood that the material or its covering will become significantly damaged,
				  deteriorated, or delaminated due to factors such as changes in building use,
				  changes in operations and maintenance practices, changes in occupancy, or
				  recurrent damage;
c. the material is subject to major or continuing disturbance
				  due to factors including, but not limited to, accessibility or, under certain
				  circumstances, vibration or air erosion.
Preventive Measures
- actions taken to
				  reduce disturbance of ACBM or otherwise eliminate the reasonable likelihood of
				  the material's becoming damaged or significantly damaged.
Principal Trainer
-the trainers recognized
				  by the department and identified by the RATP in its application for recognition
				  to provide instruction in asbestos training courses (e.g., inspector,
				  etc.).
Recognized Asbestos Training Provider
				  (RATP)
-a person or organization recognized by the department, to
				  provide training related to asbestos activities conducted in Louisiana.
Regulated Asbestos-Containing Material
				  (RACM)
-
a. friable asbestos material;
b. category I and II nonfriable ACM that has become friable
				  such as asbestos-cement material that is not removed from a facility prior to
				  demolition;
c. category I and II nonfriable ACM that has a high
				  probability of becoming or has become crumbled, pulverized, ground, sanded,
				  cut, abraded, or reduced to powder by the forces that have acted or are
				  expected to act on the material in the course of demolition or renovation
				  operations; or
d. resilient floor covering or the asbestos-containing mastic
				  used to attach it to the floor surface that is scraped, sanded, abraded, bead
				  blasted, cut, ground, crumbled, pulverized, or reduced to powder by any means,
				  including hand and mechanical equipment. This definition does not include
				  resilient floor covering removed by using dry ice, heat, wet methods, and
				  chemicals where the tiles or sheeting are removed intact (minor tears or minor
				  breakage is acceptable where, for all intents and purposes, the flooring is
				  considered whole) or asbestos-containing mastic that has been removed by
				  chemical or other means that results in the asbestos fibers in ACWM being bound
				  within a macro substrate and cannot reasonably become airborne unless further
				  forces are applied.
Related Scientific Field
-animal science,
				  biological sciences, chemistry, geosciences, atmospheric sciences, soil
				  sciences, physical geography, physics, health sciences, toxicology,
				  environmental sciences, wildlife and fisheries sciences, engineering, nuclear
				  science, agronomy, forestry, health physics, medical physics, or statistics and
				  quantitative methods.
Removal
- the taking out or the stripping of
				  substantially all ACBM from a damaged area, a functional space, or a
				  homogeneous area in a school or state building.
Repair
- to return damaged ACBM to an
				  undamaged condition or to an intact state so as to prevent fiber
				  release.
Resilient Floor Covering
-
				  asbestos-containing floor tiles, including asphalt and vinyl floor tile, and
				  sheet vinyl floor covering containing more than 1 percent asbestos as
				  determined by using polarized light microscopy according to the method
				  specified in appendix E, subpart E, 40 CFR part 763, section 1, polarized light
				  microscopy.
Response Action
-a method, including
				  removal, encapsulation, enclosure, repair, operations, and maintenance, that
				  protects human health and the environment from regulated ACM.
Responsible Official
-
a. for a corporation: a president, secretary, treasurer, or
				  vice-president of the corporation in charge of a principal business function,
				  or any other person who performs similar policy or decision-making functions
				  for the corporation;
b. for a partnership or sole proprietorship: a general
				  partner or the proprietor, respectively. If a general partner is a corporation,
				  the provisions of Subparagraph a of this definition apply; or
c. for a municipality, state, federal, or other public
				  agency: either a principal executive officer or ranking elected official. For
				  the purposes of this definition, a principal executive officer of a federal
				  agency includes the chief executive officer having a responsibility for the
				  overall operations of a principal geographic unit of the agency.
Routine Maintenance Area
- an area, such as
				  a boiler room or mechanical room, that is not normally frequented by students
				  and in which maintenance employees or contract workers regularly conduct
				  maintenance activities.
School
-any profit or nonprofit; public or
				  private; day, night, or residential school that provides elementary, including
				  head start and pre-K programs located on elementary school campuses, secondary,
				  college, graduate, medical, dental, or post-graduate education, as determined
				  under state law, or any school of any agency of the United States. Schools do
				  not include locations where the primary purpose is not the education of
				  students, but that provide for internships or other on the job training.
School Building
-
a. structures used for instruction, including classrooms,
				  laboratories, libraries, research facilities, and administrative
				  facilities;
b. school eating facilities and kitchens;
c. gymnasiums or other facilities used for athletic or
				  recreational activities, or for courses in physical education;
d. dormitories or other living areas of residential
				  schools;
e. maintenance, storage, administrative, or utility
				  facilities including hallways used in the operation of the facilities described
				  in this definition; and
f. any exterior structure, portico or covered exterior
				  hallway or walkway and any exterior portion of a mechanical system used to
				  condition interior space.
Significantly Damaged Floor Covering that Contains
				  ACM
-damaged floor covering that contains ACM where the damage is
				  extensive and severe.
Significantly Damaged Friable Surfacing
				  ACM
- damaged friable surfacing ACM in a functional space where the
				  damage is extensive and severe.
Small-Scale, Short-Duration Activities
				  (SSSD)
-tasks that involve less than or equal to 3 square feet or 3
				  linear feet of ACM.
State Building
-a building, or portion
				  thereof, owned, used, or leased by the state of Louisiana. If the state does
				  not own, lease, occupy, or use the entire building, the
state
				  building
shall be only:
a. that portion of the building, owned, leased, occupied, or
				  used by the state;
b. facility components as defined in LAC 33:III.2703;
c. work areas, kitchens, restrooms, and other common areas
				  that are co-owned, leased, or used by the state together with others;
				  and
d. any other portion of the building that shares a common
				  heating, ventilation, and air conditioning (HVAC) system or common
				  ingress/egress points with that portion of the building owned, leased, occupied
				  or used by the state.
State Government
-the state of Louisiana and
				  any state agency as defined in
				  R.S.
				  13:5102 that owns, leases, occupies, or uses
				  the state building.
State of Louisiana
or
State
-the
state of Louisiana
or any
state
agency as defined in
				  R.S.
				  13:5102.
Statement(s) of No Asbestos in
				  Construction
-
a. a signed written statement, by an architect, project
				  engineer, or other principal responsible for the construction or renovation of
				  the building, or a portion thereof, that no ACM was specified as a building
				  material in the applicable construction documents for the building, or portion
				  thereof (multiple signatures may be necessary to address the entire building);
				  or
b. a signed written statement by an accredited asbestos
				  inspector who has conducted a thorough review of documents related to the
				  construction or renovation of the building that no ACM was specified as a
				  building material in the construction documents for the building, including all
				  subsequent additions or renovations.
Surfacing ACM
- surfacing material that is
				  ACM.
Surfacing Material
- material in a school or
				  state 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.
Thermal System Insulation
- material in a
				  school or state 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.
Thermal System Insulation ACM
- thermal
				  system insulation that is ACM.
Training Hour
-at least 50 minutes of actual
				  teaching including, but not limited to, time devoted to lecture, learning
				  activities, small group activities, demonstrations, evaluations, and/or
				  hands-on experience.
Training Manager
-the individual responsible
				  for administering a training program and monitoring the performance of the
				  principal trainers and guest instructors; either serves as the signatory for
				  training certificates or may designate other responsible individuals in the
				  organization, or trainers as signatories.
Vibration
- the periodic motion of friable
				  ACBM which may result in the release of asbestos fibers.
AUTHORITY NOTE:
				  Promulgated in accordance with R.S. 30:2344 and
				  40:1749.1.