Kentucky Administrative Regulations › Title 401 - ENERGY AND ENVIRONMENT CABINET - DEPARTMENT FOR ENVIRONMENTAL PROTECTION › Chapter 58 - Asbestos › Section 401 KAR 58:040 - Requirements for asbestos abatement entities

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				224.10-100,
				224.20-100,
				224.20-110,
				224.20-120,
				224.99-010,
				29 C.F.R.
				1910.1001,
				40 C.F.R. 61.152
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				224.10-100(5) authorizes the
				cabinet to promulgate administrative regulations for the prevention, abatement,
				and control of air pollution. This administrative regulation provides for the
				control of asbestos emissions from asbestos abatement projects.
Section 1. Definitions. As used in this
			 administrative regulation, all terms not defined in this section shall have the
			 meaning given them in
			 401 KAR 50:010 or
			 401 KAR 58:025.
(1) "Air lock" means a system of enclosures
			 within the containment area consisting of two (2) doorways, curtained with
			 polyethylene sheeting, at least three (3) feet apart.
(2) "Asbestos abatement entity" means a
			 partnership, firm, association, corporation, sole proprietorship or other
			 business concern, any governmental agency, or any other organization, composed
			 of one (1) or more employees or members, or an individual involved in any of
			 the asbestos-related activities established in subsection (3) of this
			 section.
(3) "Asbestos abatement
			 project" means any facility renovation or demolition activity that could cause
			 a disturbance of friable asbestos material.
(4) "Certificate" means a permit issued by
			 the cabinet pursuant to
			 KRS
			 224.10-100(19)(b) to allow
			 an asbestos abatement entity to engage in asbestos abatement projects,
			 including the use of equipment or practices that control the emissions of
			 asbestos fibers into the outside air.
(5) "Certification fee" means a fee,
			 established by the cabinet pursuant to
			 KRS
			 224.10-100(20), for the
			 issuance of certificates to asbestos abatement entities according to this
			 administrative regulation.
(6)
			 "Clean room" means an uncontaminated area or room that is part of the worker
			 decontamination enclosure system with provisions for storage of workers' street
			 clothes and clean protective equipment.
(7) "Clearance air monitoring" means the
			 monitoring of air conducted inside the work area after cleanup of an asbestos
			 abatement project has been completed.
(8) "Containment area" means the entire area
			 in which an asbestos abatement project is conducted, including the work area,
			 equipment room, shower room, clean room, and all associated air
			 locks.
(9) "Demolition" means the
			 wrecking or taking out of any load-supporting structural member of a facility
			 together with any related handling operations.
(10) "Emergency operation" means a renovation
			 operation that was not planned but results from a sudden, unexpected event.
			 This term includes operations necessitated by nonroutine failures of
			 equipment.
(11) "Equipment room"
			 means a contaminated area or room that is part of the worker decontamination
			 enclosure system with provisions for storage of contaminated clothing and
			 equipment.
(12) "Facility" means an
			 institutional, commercial, or industrial structure, installation, or building,
			 excluding apartment buildings having no more than four (4) dwelling
			 units.
(13) "Facility component"
			 means a:
(a) Pipe, duct, boiler, tank,
			 reactor, turbine, or furnace at or in a facility; or
(b) Structural member of a
			 facility.
(14) "Friable
			 asbestos material" means material containing more than one (1) percent asbestos
			 by weight that hand pressure can crumble, pulverize, or reduce to powder when
			 dry.
(15) "Glove bag" means a
			 manufactured device consisting of plastic with a thickness of six (6) mils or
			 more, two (2) inward-projecting long-sleeve rubber gloves, one (1)
			 inward-projecting water-wand sleeve, an internal tool pouch, and an attached,
			 labeled receptacle for asbestos waste. The glove bag is constructed and
			 installed so that it surrounds the object or area from which the asbestos
			 containing material is to be removed and contains all asbestos fibers released
			 during the removal process.
(16)
			 "Glove bag technique" means a method of removing asbestos from pipes, ducts,
			 valves, joints, and other nonplanar surfaces, which uses one (1) or more glove
			 bags.
(17) "HEPA filtration" means
			 high efficiency particulate air filtration found in respirators and vacuum
			 systems capable of filtering particles greater than or equal to three-tenths
			 (0.3) microns in size, with 99.97 percent efficiency.
(18) "HVAC" means a heating, ventilation, and
			 air conditioning system.
(19)
			 "Lockdown agent" means a protective coating or sealant that is applied to a
			 surface from which asbestos-containing material has been removed.
(20) "OSHA" means the Occupational Safety and
			 Health Administration.
(21)
			 "Polyethylene sheeting" or "polyethylene bags" means sheeting or bags of
			 polyethylene plastic with a thickness of six (6) mils or more, except as
			 otherwise established in this administrative regulation.
(22) "Publicly owned facility" means a
			 facility owned by the state or any political subdivision thereof, municipality,
			 or other public entity.
(23)
			 "Renovation":
(a) Means altering in any way
			 one (1) or more facility components; and
(b) Does not mean operations in which
			 load-supporting structural members are wrecked or taken out.
(24) "Shower room" means a room
			 between the clean room and the equipment room in the worker decontamination
			 enclosure system with hot and cold running water controllable at the tap and
			 suitably arranged for complete showering during decontamination.
(25) "Structure" means a whole facility,
			 building, or a major portion thereof, such as a building wing.
(26) "Work area" means the contaminated area
			 within the containment area that contains the friable asbestos material that is
			 to be abated.