Virginia Administrative Code › Title 1 - ADMINISTRATION › Agency 30 - DEPARTMENT OF GENERAL SERVICES › Chapter 110 - AGGRESSIVE AIR SAMPLING STANDARDS TO BE UTILIZED IN FINAL CLEARANCE INSPECTIONS FOR ASBESTOS PROJECTS IN LOCAL EDUCATION AGENCIES AND PUBLIC COLLEGES AND UNIVERSITIES IN THE COMMONWEALTH OF VIRGINIA › Section 1VAC30-110-10 - Definitions

Current through Register Vol. 40, No. 24, July 15, 2024
The following words and terms, when used in this chapter,
				  shall have the following meanings, unless the context clearly indicates
				  otherwise:
"Abatement contractor" means the company or individual
				  properly licensed in the Commonwealth of Virginia by the Virginia Department of
				  Professional and Occupational Regulation who conducts asbestos abatement
				  activities such as, but not limited to, removal, encapsulation or enclosure of
				  asbestos-containing materials.
"Accredited" means a person or laboratory holding the
				  credentials in accordance with Section 206 of Title II of AHERA.
"Airborne asbestos fibers" means suspended, settling or
				  moving asbestos fibers or fiber bundles in air.
"Ambient air" means air in an area outside of the asbestos
				  containment area. Areas chosen for air sampling should not be located near
				  access/egress routes for the project, nor should they be located in areas known
				  to contain friable asbestos-containing materials.
"Asbestos" means the asbestiform varieties of chrysotile,
				  crocidolite, amosite, anthophyllite, tremolite and actinolite.
"Asbestos analytical laboratory" means a laboratory
				  accredited by the National Institute of Standards and Technology (NIST) for
				  transmission electron microscopy (TEM) analysis, and licensed by the Virginia
				  Department of Professional and Occupational Regulation to perform phase
				  contrast microscopy (PCM) or TEM on material known or suspected to contain
				  asbestos.
"Asbestos-containing material (ACM)" means the material or
				  product containing more than 1.0% asbestos by weight.
"Asbestos containment area" means an area where an asbestos
				  response action takes place.
"Asbestos debris" means pieces of ACM that can be identified
				  by color, texture, or composition, or particulate matter (i.e., dust) if
				  determined by an accredited inspector to contain more than 1.0% asbestos by
				  volume.
"Encapsulation" means the treatment of ACM with a material
				  that surrounds or embeds asbestos fibers in an adhesive matrix to prevent the
				  release of fibers, as the encapsulant creates a membrane over the surface
				  (bridging encapsulant) or penetrates the material and binds its components
				  together (penetrating encapsulant).
"Enclosure" means an airtight, impermeable, permanent barrier
				  around ACM to prevent the release of asbestos fibers into the air.
"Forty Code of Federal Regulations Part 763, Subpart E ( 40
				  CFR Part 763, Subpart E)" and subsequent amendments thereto means the
				  regulations promulgated by the U.S. Environmental Protection Agency in response
				  to the "Asbestos Hazard Emergency Response Act (AHERA)."
"Local education agency (LEA)" means
(i) the local education agency as defined in
				Section 198 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C.
				3381 ); (ii) the owner of any nonpublic, nonprofit elementary or secondary
				school building; or (iii) the governing authority of a school operated under
				the defense dependents' education system provided for under the Defense
				Dependents' Education Act of 1978 (
				20 U.S.C.
				921 et seq.).
"OSHA" means the federal Occupation Safety and Health
				  Administration.
"Phase Contrast Microscopy (PCM)" means a laboratory analysis
				  method for measuring airborne asbestos fibers (National Institute of
				  Occupational Health and Safety Method 7400).
"Project monitor" means a person who is licensed by the
				  Virginia Department of Professional and Occupational Regulation to observe and
				  monitor the activities of asbestos abatement contractors and roofing, flooring,
				  siding (RFS) contractors on asbestos projects to determine that proper work
				  practices are used and compliance with all federal, state and local laws and
				  regulations is maintained.
"Public colleges and universities" means all state supported
				  institutions of higher education as defined in § 23-9.5 of the Code of
				  Virginia.
"Removal" means the physical removal and disposal of
				  asbestos-containing material.
"Reoccupancy (clearance) level" means.01 or fewer asbestos
				  fibers per cubic centimeter (.01 f/cc) if determined by PCM, or 70 or fewer
				  structures per square millimeter (70 S/mm²) if determined by TEM
				  analysis.
"Response action" means a method, including removal,
				  encapsulation, enclosure, repair, operations and maintenance, to abate asbestos
				  hazards to human health and the environment.
"Roofing, flooring, siding (RFS) contractor's license" means
				  an authorization issued by the Virginia Department of Professional and
				  Occupational Regulation permitting a person to enter into contracts to install,
				  remove or encapsulate asbestos-containing roofing, flooring or siding
				  materials.
"School" means any elementary or secondary school as defined
				  in Section 198 of the Federal Elementary and Secondary Education Act of 1965 (
				  20 U.S.C. 2854 ).
"School building" means
(i) any structure suitable for use as a
				classroom, including a school facility such as a laboratory, library or school
				eating facility used for the preparation of food;
(ii) a gymnasium or other facility which is
				specially designed for athletic or recreational activities for an academic
				course in physical education;
(iii)
				other facilities used for the instruction or housing of students or for the
				administration of educational or research programs;
(iv) a maintenance, storage, or utility
				facility, including a hallway essential to the operation of any facility
				described in this definition of "school building";
(v) a portico or covered exterior hallway or
				walkway; or
(vi) an exterior
				portion of a mechanical system used to condition interior space.
"Small-scale, short duration projects" means renovation and
				  maintenance activities such as, but not limited to:
1. Removal of asbestos-containing insulation
				on pipes;
2. Removal of small
				quantities of asbestos-containing insulation on beams or above
				ceilings;
3. Replacement of an
				asbestos-containing gasket on a valve;
4. Installation or removal of a small section
				of drywall
5. Installation of
				electrical conduits through or proximate to asbestos-containing materials;
				and
6. As further described in
				Appendix B to Subpart E of 40 CFR Part 763.
"Transmission Electron Microscopy (TEM)" means a laboratory
				  analysis method for measuring airborne asbestos fibers using a transmission
				  electron microscope ( 40 CFR Part 763, Appendix A to Subpart
				  E).