Oklahoma Administrative Code › Title 380 - Department of Labor › Chapter 50 - Abatement of Friable Asbestos Materials Rules › Subchapter 1 - General Provisions › Section 380:50-1-2 - Definitions

Current through Vol. 41, No. 20, July 1, 2024
The following words and terms, when used in this chapter, shall have the following meanings, unless the context clearly indicates otherwise.
"Abatement crew"
means the workers on an asbestos abatement project at any given time.
"ACBM"
means asbestos-containing building material.
"ACM"
means asbestos-containing material.
"Accredited or accreditation"
means, when referring to a person or a laboratory, that such a person or laboratory has met the training, experience, and/or quality control requirements to perform work in accordance with
AHERA.
"Aggressive method"
means removal or disturbance of building material by sanding, abrading, grinding or other method that breaks, crumbles, or disintegrates intact ACM.
"AHERA"
means the Asbestos Hazard Emergency Response Act, 15 U.S.C. Chapter 53, Subchapter II, Sections 2641 et seq., as amended, and 40 CFR Chapter I, Subchapter R, Part 763, Subpart E - Asbestos-Containing Materials in Schools, as amended, including appendices.
"AHERA abatement project designer"
means a person who develops plans and specifications for the abatement of asbestos. For the purposes of this Chapter, abatement project designers will be considered to be a category of contractors.
"AHERA inspector"
means a person trained to do on-site inspections for local education authorities to comply with
AHERA.
For purposes of this Chapter,
AHERA
inspectors will be considered to be a category of asbestos workers.
"AHERA management planner"
means a person who develops management plans for local education authorities to comply with
AHERA.
For the purposes of this Chapter, management planners will be considered a category of contractors.
"AIHA"
means the American Industrial Hygiene Association.
"Amended water"
means water to which surfactant (wetting agent) has been added to increase the ability of the liquid to penetrate ACM.
"Asbestos"
means chrysotile, amosite, crocidolite, tremolite asbestos, anthophyllite asbestos, actinolite asbestos, and any of these minerals that has been chemically treated and/or altered. For purposes of this Chapter, "asbestos" includes presumed asbestos containing material (PACM).
"Asbestos-containing material (ACM)"
means any material containing more than one percent (1%) asbestos.
"Asbestos-containing building material (ACBM)"
means any friable ACM that is in or on interior structural members or other parts of a school, or public or commercial facility.
"Asbestos fiber"
means any fiber of chrysotile, amosite, crocidolite, tremolite, anthophyllite, and actinolite five micrometers or longer, and with an aspect ratio of greater than three-to-one.
"Asbestos hauler"
means a person who transports asbestos containing materials from abatement projects for hire. For purposes of this Chapter, asbestos haulers will be considered to be asbestos abatement contractors, and their employees to be asbestos abatement workers, and shall be required to be licensed as such.
"Category I nonfriable asbestos-containing material (ACM)"
means asbestos-containing packings, gaskets, resilient floor covering, and asphalt roofing products containing more than one percent (1%) asbestos as determined using the method specified in Appendix E, Subpart E, 40 CFR Part 763, Section 1, Polarized Light Microscopy.
"Category II nonfriable ACM"
means any material, excluding Category I non-friable
ACM
, containing more than one percent (1%) asbestos as determined 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.
"Class III asbestos work"
means repair and maintenance operations where ACM, including TSI and surfacing ACM and PACM, is likely to be disturbed. For the purposes of this Chapter, Class III asbestos work shall be considered the same as small scale, short duration (SSSD) and O&M work activities.
"Clean room"
means an asbestos-free section of a decontamination facility which is intended for workers to change from street clothes to protective clothing prior to asbestos abatement activities.
"Closely resemble"
means that the major workplace conditions which have contributed to the level of historic asbestos exposure, are no more protective than conditions of the current workplace.
"Commissioner"
, as used herein, means the Commissioner of Labor, or employees of the Oklahoma State Department of Labor appointed to act on behalf of the Commissioner.
"Competent person"
means, in addition to the definition in 29 CFR 1926.32(f), one who is capable of identifying existing asbestos hazards in the workplace and selecting the appropriate control strategy for asbestos exposure, who has the authority to take prompt corrective measure to eliminate them, as specified in 29 CFR 1926.32(f). In addition, for Class I and Class II work who is specially trained in a training course which meets the criteria of EPA's Model Accreditation Plan ( 40 CFR 763 ) for asbestos supervisor, or its equivalent and, for Class III and Class IV work, who is trained in a manner consistent with EPA requirements for training of local education agency maintenance and custodial staff as set forth at 40 CFR 763.92(a)(2).
"Containment"
means an area which has been isolated from the environment through negative air pressure, physical barriers, and/or other means, and in which asbestos abatement is intended to take place.
"Critical barrier"
means a temporary closure, usually of polyethylene sheeting or other impervious material, and excluding wall, floor, or ceiling covering, of any opening that would otherwise allow the transfer of asbestos fibers from the containment to the outside environment.
"Demolition"
means the wrecking or taking out of any load-supporting structural member of a facility and any related razing, removing, or stripping of asbestos products.
"Dirty room"
means a chamber of a decontamination unit connecting the asbestos abatement area to the shower. The dirty room is for removal of contaminated or potentially contaminated protective clothing prior to entering the shower. The dirty room shall be a minimum of twelve (12) square feet and shall be built large enough to accommodate the decontamination of work equipment.
"Disturbance"
means activities that disrupt the matrix of ACM or PACM, crumble or pulverize ACM or PACM, or generate visible debris from ACM or PACM. Disturbance includes cutting away small amounts of ACM and PACM, no greater than the amount which can be contained in one standard sized glovebag or waste bag in order to access a building component. In no event shall the amount of ACM or PACM so disturbed exceed that which can be contained in one glovebag or waste bag which shall not exceed 60 inches in length and width.
"DOL"
means the Oklahoma State Department of Labor.
"DOT"
means the Oklahoma State Department of Transportation.
"EPA"
means the United States Environmental Protection Agency.
"Enclosure"
means an airtight, impermeable, permanent barrier around asbestos-containing materials to prevent the release of asbestos fibers into the air.
"Facility"
means something that is built, installed, or established to serve a particular purpose.
"Friable asbestos-containing material (ACM)"
means any material containing more than one percent (1%) asbestos which has been applied on ceilings, walls, structural members, piping, duct work, or any other part of a building, which when dry, may be crumbled, pulverized, or reduced to powder by hand pressure. The term includes non-friable asbestos-containing material after such previously non-friable material becomes damaged to the extent that when dry it may be crumbled, pulverized, or reduced to powder by hand pressure.
"GFI"
means electrical ground fault circuit interrupter.
"Glovebag"
means a commercially prepared device that is not more than a 60 x 60 inch impervious plastic bag-like enclosure affixed around an asbestos-containing material, with glove-like appendages through which material and tools may be handled and which, when attached and used in a proper manner, will prevent the release of asbestos fibers. For purposes of these Rules, a rigid box with armholes and attached sleeves will be considered to be the same as a glovebag, and the use of such a box in a single location will be considered to be equivalent of the use of one glovebag.
"Grinding"
means to reduce to powder or small fragments and includes mechanical chipping or drilling.
"HEPA"
means high-efficiency particulate air.
"Inspection"
Those activities undertaken to specifically determine the presence or location, or to assess the condition of, friable or non-friable ACM whether by visual or physical examination, or by collecting samples of suspect material.
"Load-out"
means two chambers of a containment area which are used to decontaminate disposal bags, barrels, and equipment prior to removal from containment.
"Major fiber release episodes"
means any uncontrolled or unintentional disturbance of ACBM, resulting in a visible emission, which involves the falling or dislodging of more than 3 square or linear feet of friable ACBM.
"Mini-containment"
means a small enclosure intended to isolate a small-scale abatement procedure from the environment through negative air pressure, physical barriers, and/or other means. Mini containments will ordinarily not have an attached decontamination system.
"Minor fiber release episode"
means any uncontrolled or unintentional disturbance of ACBM, resulting in a visible emission, which involves the falling or dislodging of 3 square or linear feet or less of friable ACBM.
"NESHAP"
means the National Emission Standards for Hazardous Air Pollutants,
EPA
regulation 40 CFR part 61, latest edition.
"NIOSH"
means the National Institute for Occupational Safety and Health.
"OAP"
means Oklahoma Accreditation Plan.
"Operation and maintenance"
means a program of work practices to maintain friable ACBM in good condition, ensure clean up of asbestos fibers previously released, and prevent further release by minimizing and controlling friable ACBM disturbance or damage. The scope of operations and maintenance activities shall be defined in a program for a specific school facility, and shall be approved by the Commissioner. In no case shall operations and maintenance exceed the amount of ACM or PACM which can be contained in one (1) glovebag or waste bag which shall not exceed 60 inches in length and width. For the purposes of this Chapter, operation and maintenance work shall be considered the same as small-scale short duration (SSSD) asbestos activities and Class III asbestos work.
"OSHA"
means the Occupational Safety and Health Administration of the United States Department of Labor.
"PACM"
means presumed asbestos-containing material.
"PEL"
means permissible exposure level. For the purposes of this Chapter, the PEL is .01 fibers per cubic centimeter (f/cc).
"Poly"
means polyethylene sheeting.
"Private contractor"
means an asbestos abatement contractor,
AHERA
asbestos management planner, or
AHERA
project designer who is a proprietorship, partnership, or corporation operating for profit, or employed by and on behalf of a private, non-profit corporation, trust, charity, or religious organization.
"Proprietary contractor"
means an owner or operator who holds an asbestos abatement contractor's license for use strictly on the owned or operated property.
"Public and commercial facility"
means the interior space of any building which is not a school building, except that the term does not include any residential apartment building of fewer than four (4) units or detached single-family homes. The term includes, but is not limited to: industrial and office buildings, residential apartment buildings and condominiums of four (4) or more dwelling units, government-owned buildings, colleges, museums, airports, hospitals, churches, preschools, stores, warehouses and factories. Interior space includes exterior hallways connecting buildings, porticos, and mechanical systems used to condition interior space.
"Public contractor"
means an asbestos abatement contractor,
AHERA
management planner, or
AHERA
project designer working specifically for, and on behalf of, a political subdivision of the State of Oklahoma.
"RACM"
means regulated asbestos-containing materials.
"Regulated area"
means a demarcated area where asbestos work or response actions are conducted, any adjoining area where debris and waste from such asbestos work or response actions accumulate, and a work area within which airborne concentrations of asbestos exceed or there is a reasonable possibility they may exceed the permissible exposure limit.
"Regulated asbestos-containing materials (RACM)"
means friable asbestos-containing material, Category I nonfriable
ACM
that has become friable, Category I nonfriable
ACM
that will be or has been subjected to sanding, grinding, cutting, or abrading, or Category II nonfriable
ACM
that has a high probability of becoming, or has become crumbled, pulverized, or reduced to powder by forces expected to act on the material in the course of demolition, renovation, or abatement operations regulated by the Rules.
"Reinforced poly"
means polyethylene sheeting reinforced with nylon strands.
"Response action"
means a method, including removal, encapsulation, enclosure, repair, and operations and maintenance, that protects human health and the environment from friable asbestos-containing materials.
"School building"
means:
(A) Any structure suitable for use as a classroom, including a school facility such as a laboratory, library, school eating facility, or facility used for the preparation of food;
(B) Any gymnasium or other facility which is specially designed for athletic or recreational activities for an academic course in physical education;
(C) Any other facility used for the instruction or housing of students or for the administration of educational or research programs;
(D) Any maintenance, storage, or utility facility, including any hallway, essential to the operation of any facility described in this definition of "school building" under paragraphs (A), (B), or (C);
(E) Any portico or covered exterior hallway or walkway; or
(F) Any exterior portion of a mechanical system used to condition interior space.
"Shift"
means a scheduled period of work by a given group of workers, usually, but not limited to, eight (8) hours.
"Small-scale, short duration (SSSD) activities"
means tasks such as, but not limited to removal of asbestos-containing insulation material on pipes, removal of small quantities of asbestos-containing insulation on beams or above ceilings, replacement of asbestos-containing gaskets on valves, installation or removal of a small section of drywall, installation of wiring or electrical conduits through or proximate to asbestos-containing materials, removal of small quantities of ACM only if required in the performance of another maintenance activity not intended as asbestos abatement, removal of asbestos-containing thermal system insulation not to exceed amounts greater than those which can be contained in a single glovebag, minor repairs to damaged thermal system insulation which do not require removal, repairs to a piece of asbestos-containing wallboard, or repairs, involving encapsulation, enclosure, or removal, to small amounts of friable ACM only if required in the performance of emergency or routine maintenance activity and not intended solely as asbestos abatement. Such work may not exceed amounts greater than those which can be contained in a single prefabricated mini-enclosure. Such an enclosure shall conform spatially and geometrically to the localized work area, in order to perform its intended containment function. For the purposes of this Chapter, SSSD asbestos activities shall be considered the same as Class III asbestos work and O&M work.
"Supervisor"
means a person or persons at an abatement site with project oversight and worker management responsibilities. For purposes of this Chapter, supervisors will be considered to be a category of abatement worker.
"Third party air monitor"
means an air monitoring laboratory which shares no partners or owners, if a proprietorship, or officers if a corporation, with the contractor for whom monitoring is being performed.
"Wetted"
means the application of amended water solution to asbestos-containing materials in sufficient quantities to minimize fiber release. The
ACM
need not be saturated.
"Worker"
means any employee of a contractor, consultant, or air monitoring company, engaged in the abatement of asbestos, or performing a task within an asbestos abatement containment in which direct contact with asbestos is likely.
Amended at 9 Ok Reg 3309, eff 7-27-92; Amended at 15 Ok Reg 3247, eff 7-13-98; Amended at 15 Ok Reg 4228, eff 7-15-98 (emergency); Amended at 16 Ok Reg 3032, eff 7-12-99; Amended at 18 Ok Reg 3523, eff 9-14-01; Amended at 27 Ok Reg 1887, eff 7-1-10