South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:31 - Asbestos control program › Chapter 74:31:01 - General provisions › Section 74:31:01:01 - Definitions

Current through Register Vol. 51, page 10, July 15, 2024
Terms used in this article mean:
(1) "Abatement project designer," a person
  who develops the plans for an asbestos abatement project;
(2) "Asbestos," the asbestiform varieties of
  serpentine (chrysotile), riebeckite (crocidolite), cummungtonite-grunerite
  (amosite), anthophyllite, actinolite, and tremolite;
(3) "Asbestos abatement contractor," a person
  who contracts to perform an asbestos abatement project;
(4) "Asbestos abatement project," any
  demolition, renovation, repair, construction, or maintenance activity of any
  public or private facility that involves the repair, enclosure, encapsulation,
  removal, salvage, handling, or disposal of friable asbestos-containing material
  with the potential of releasing asbestos fibers into the air or
  environment;
(5) "Asbestos
  abatement supervisor," a person who provides supervision and direction to
  workers engaged in an asbestos abatement project, including individuals with
  the position title of foreman, working foreman, or leadman pursuant to
  collective bargaining agreements;
(6) "Asbestos abatement worker," an employee
  or agent of a contractor or a facility owner or operator who is engaged in the
  abatement of asbestos or who performs a task involving more than small-scale,
  short-duration activities;
(7)
  "Asbestos-containing material," "ACM," material containing more than one
  percent asbestos by area;
(8)
  "Asbestos contractor," a person who undertakes an asbestos project, including
  making inspections for asbestos-containing materials, preparing an asbestos
  management plan, or designing or carrying out an asbestos project;
(9) "Asbestos Hazard Emergency Response Act
  of 1986," "AHERA," title II of the Toxic Substances Control Act as in existence
  on July 1, 1994;
(10) "Category I
  nonfriable asbestos-containing material (ACM)," asbestos-containing packings,
  gaskets, resilient floor covering, and asphalt roofing products containing more
  than one percent asbestos as determined using the method specified in Appendix
  A, Subpart F, 40 C.F.R. Part 763, Section 1, Polarized Light Microscopy (July
  1, 1993);
(11) "Category II
  nonfriable ACM," any material, excluding Category I nonfriable ACM, containing
  more than one percent asbestos as determined using the methods specified in
  Appendix A, Subpart F, 40 C.F.R. Part 763, Section 1, Polarized Light
  Microscopy (July 1, 1993), that, when dry, cannot be crumbled, pulverized, or
  reduced to powder by hand pressure;
(12) "Certificate," a document issued by the
  department to an individual who has shown proof of successful completion of the
  required training course or courses;
(13) "Day of training," a day of training
  which equals eight hours including breaks and lunch;
(14) "Decision tree," a methodical procedure
  for assessing existing or potential hazards posed by asbestos-containing
  materials;
(15) "Department," the
  South Dakota Department of Environment and Natural resources;
(16) "Diploma," a document verifying the
  successful completion of a particular training course;
(17) "EPA," the United States Environmental
  Protection Agency;
(18) "Facility,"
  transferred to § 74:31:01:01.01;
(19) "HEPA," a high-efficiency particulate
  air filter; a filter capable of trapping and retaining at least 99.97 percent
  of all monodispersed particles of 0.3 micrometers in diameter or
  larger;
(20) "HVAC," heat,
  ventilation, and air conditioning;
(21) "Inspector," a person who performs
  inspections as defined in § 74:31:01:01.04;
(22) Management planner," a person who
  develops facility plans for the management of asbestos-containing materials in
  accordance with AHERA;
(23)
  "Nonfriable asbestos-containing material," any material containing more than
  one percent asbestos as determined using the method specified in Appendix A,
  Subpart F, 40 C.F.R. Part 763, Section 1, Polarized Light Microscopy (July 1,
  1993), that, when dry, cannot be crumbled, pulverized, or reduced to powder by
  hand pressure;
(24) "O&M,"
  operations and maintenance;
(25)
  "OSHA," the Occupational Safety and Health Administration of the United States
  Department of Labor;
(26) "Person,"
  an individual, corporation, partnership, firm, association, trust, estate,
  public or private institution, group, agency, political subdivision or state
  agency or any legal successor, representative, agent, or agency of the entities
  listed in this subdivision;
(27)
  "Small-scale, short-duration activities (SSSD)," transferred to §
  74:31:01:01.07.
General Authority:
SDCL
		34-44-3,
		34-44-4,
		34-44-19.
Law Implemented:
SDCL
		34-44-3,
		34-44-4,
		34-44-19.