§11-501-2 - Definitions.

§11-501-2 Definitions.

As used in this chapter: "ACM" means asbestos-containing material. "Act" means the Clean Air Act (42 U.S.C. §7401 et seq.).

"Active waste disposal site" means any disposal site other than an inactive site.

"Adequately wet" means sufficiently mix or penetrate with liquid to prevent the release of particulates. If visible emissions are observed coming from asbestos-containing material, then that material has not been adequately wetted. However, the absence of visible emissions is not sufficient evidence of being adequately wet.

"Asbestos" means the asbestiform varieties of: chrysotile (serpentinite); crocidolite (riebeckite); amosite (cummingtonite-grunerite); anthophyllite; and actinolite-tremolite.

"Asbestos-containing material" means material that contains any type of asbestos in an amount greater than one per cent by area, either alone or mixed with other fibrous or non-fibrous materials.

"Asbestos-containing waste materials" means mill tailings or any waste that contains commercial asbestos and is generated by a source subject to the provisions of this chapter. This term includes filters from control devices, friable asbestos waste material, and bags or other similar packaging contaminated with commercial asbestos. As applied to demolition and renovation operations, this term also includes regulated asbestos-containing material waste and

materials contaminated with asbestos including disposable equipment and clothing.

"Asbestos waste from control devices" means any waste material that contains asbestos and is collected by a pollution control device.

"BID" means background information document.

"Category I nonfriable ACM" means asbestos-containing packings, gaskets, resilient floor covering, and asphalt roofing products containing more than one per cent asbestos as determined using the method specified in 40 CFR part 763, subpart E, appendix E, section I, entitled "Polarized Light Microscopy," dated May 27, 1982.

"Category II nonfriable ACM" means any material, excluding category I nonfriable ACM, containing more than one per cent asbestos as determined using the methods specified in 40 CFR part 763, subpart E, appendix E, section I, entitled "Polarized Light Microscopy," dated May 27, 1982, that, when dry, cannot be crumbled, pulverized, or reduced to powder by hand pressure.

"Commercial asbestos" means any material containing asbestos that is extracted from ore, and has value because of its asbestos content.

"Containment" means the isolation of an asbestos removal area from the outside air by use of physical barriers.

"Completion date" means the date on which containment is removed or, if an exception was given for the use of containment, the date on which all removal work has been completed.

"Cutting" means to penetrate with a sharp-edged instrument and includes sawing, but does not include shearing, slicing, or punching if the action does not render the material friable.

"Demolition" means the wrecking, taking out, or intentional burning of any load-supporting structural member of a facility together with any related handling operations.

"Department" means the department of health, State of Hawaii.

"Director" means the director of the department of health, State of Hawaii, or the director's duly authorized agent.

"Effective date" is ten days after filing the applicable chapter with the lieutenant governor's office.

"Emergency renovation operation" means a renovation operation that was not planned but results from a sudden unexpected event that, if not immediately attended to, presents a safety or public health hazard, is necessary to protect equipment from damage, or is necessary to avoid imposing an unreasonable financial burden. This term includes operations necessitated by non-routine failures of equipment.

"Encapsulate" means to apply a material, such as latex paint, which penetrates the ACM and binds the fibers, rendering them nonfriable.

"EPA" means the United States Environmental Protection Agency.

"Fabricating" means any processing (e.g., cutting, sawing, drilling) of a manufactured product that contains commercial asbestos, with the exception of processing at temporary sites (field fabricating) for the construction or restoration of facilities. In the case of friction products, fabricating includes bonding, debonding, grinding, sawing, drilling, or other similar operations performed as part of fabricating.

"Facility" means any institutional, commercial, public, industrial, or residential structure, installation, or building (including any structure, installation, or building containing condominiums or individual dwelling units operated as a residential cooperative, but excluding residences or residential cooperatives that have four or fewer total dwelling units); any ship; and any active or inactive waste disposal site. For purposes of this definition, any building, structure, or installation that contains a loft used as a dwelling is not considered a residential structure, installation, or building. Any structure, installation, or building that was previously subject

to federal requirements pursuant to 40 CFR Part 61, Subpart M, is not excluded, regardless of its current use or function.

"Facility component" means any part of a facility, including equipment, boilers, pipes, furnaces, ducts, tanks, reactors, turbines, or structural members.

"Friable asbestos material" means any material containing more than one per cent asbestos as determined using the method specified in 40 CFR part 763, subpart E, appendix E, section I, entitled "Polarized Light Microscopy," dated May 27, 1982, that, when dry, can be crumbled, pulverized, or reduced to powder by hand pressure. These include sprayed-on or troweled-on fireproofing, acoustic ceiling material and ceiling tiles, linoleum backing, thermal system insulation, non-asphalt-saturated roofing felts, asbestos-containing paper, and joint compound. ACM that has been rendered to a crumbled, pulverized, or powdered state, when dry, by crushing, sanding, sawing, shot-blasting, or other demolition or renovation techniques is friable, which include category I non-friable asbestos containing material. ACM, in which the asbestos fibers are bound into a matrix, that has been rendered to a crumbled, pulverized, or powdered state, when dry, by crushing, sanding, sawing, shot-blasting, severe weathering, or other demolition or renovation techniques is friable, which include category II nonfriable ACM.

"Fugitive source" means any source of emissions not controlled by an air pollution control device.

"Glove bag" means a sealed compartment with attached inner gloves used for the handling of ACM. Properly installed and used, glove bags provide a small work area enclosure typically used for small-scale asbestos stripping operations.

"Grinding" means to reduce to powder or small fragments and includes drilling, cutting, chipping, or any activity that renders otherwise non-friable material friable.

"HEPA filter" mean high efficiency particulate air filter.

"Homogeneous area" means an area of surfacing material, thermal system insulation material, or miscellaneous material that is uniform in color and texture, and which does not extend to other floors or buildings.

"In poor condition" means the binding of the material is losing its integrity as indicated by peeling, cracking, or crumbling of the material.

"Inactive waste disposal site" means any disposal site or portion of it where additional asbestos-containing waste material has not been deposited within the past year.

"Installation" means any building or structure or any group of buildings or structures at a single demolition or renovation site that is under the control of the same owner or operator (or owner or operator under common control).

"Leak-tight" means that solids or liquids cannot escape or spill out.

"Malfunction" means any sudden and unavoidable failure of air pollution control equipment or process equipment or of a process to operate in a normal or usual manner so that emissions of asbestos are increased. Failures of equipment shall not be considered malfunctions if they are caused in any way by poor maintenance, careless operation, or any other preventable upset conditions, equipment breakdown, or process failure.

"Manufacturing" means the combining of commercial asbestos - or, in the case of woven friction products, the combining of textiles containing commercial asbestos - with any other material, including commercial asbestos, and the processing of this combination into a product. Chlorine production is considered a part of manufacturing.

"Natural barrier" means a natural object that effectively precludes or deters access. Natural objects include physical obstacles such as cliffs, lakes, or other large bodies of water, deep and wide ravines, and mountains. Remoteness by itself is not a natural barrier.

"NESHAP" means the National Emission Standards for Hazardous Air Pollutants, 40 CFR Part 61.

"Nonfriable asbestos-containing material" means any material containing more than one per cent asbestos as determined using the method specified in 40 CFR part 763, subpart E, appendix E, section I, entitled "Polarized Light Microscopy," dated May 27, 1982, that, when dry, cannot be crumbled, pulverized, or reduced to powder by hand pressure.

"Nonscheduled renovation operation" means a renovation operation necessitated by the routine failure of equipment, which is expected to occur within a given period based on past operating experience, but for which an exact date cannot be predicted.

"Operator of a demolition or renovation activity" means any person who owns, leases, operates, controls, or supervises the demolition or renovation operation.

"OSHA" means the Occupational Safety and Health Administration of the U.S. Department of Labor.

"Outside air" means the air outside buildings and structures, including, but not limited to, the air under a bridge or in an open air ferry dock.

"Owner of a demolition or renovation activity" means any person who owns, leases, operates, controls, or supervises the facility being demolished or renovated.

"Particulate asbestos material" means finely divided particles of asbestos or ACM.

"Planned renovation operation" means a renovation operation, or a number of renovation operations, in which some RACM will be removed or stripped within a given period of time and that can be predicted. Individual nonscheduled operations are included if a number of such operations can be predicted to occur during a given period of time based on operating experience.

"PLM" means polarize light microscopy.

"RACM" means regulated asbestos-containing material.

"Regulated asbestos-containing material" means:

(1) Friable asbestos material;

(2) Category I nonfriable ACM that has become friable;

(3) Category I nonfriable ACM that will be or has been subjected to sanding, drilling, grinding, cutting, abrading, or any other activity that may render the material friable; and

(4) Category II nonfriable ACM that has a high probability of becoming or has become crumbled, pulverized, or reduced to powder by the forces expected to act on the material in the course of demolition or renovation operations regulated by this chapter.

"Remove" means to take out RACM or facility components that contain or are covered with RACM from any facility.

"Renovation" means altering a facility or one or more facility components in any way, including the stripping or removal of RACM from a facility component. Operations in which load-supporting structural members are wrecked or taken out are demolitions.

"Resilient floor covering" means asbestos-containing floor tile, including asphalt and vinyl floor tile, and sheet vinyl floor covering containing more than one per cent asbestos as determined using Polarized Light Microscopy according to the method specified in 40 CFR part 763, subpart E, appendix E, section I, entitled "Polarized Light Microscopy," dated May 27, 1982; but not including linoleum, sheet linoleum, or the backing of linoleum, which are considered friable for the purpose of this chapter.

"Roadways" means surfaces on which vehicles travel. This term includes public and private highways, roads, streets, parking areas, and driveways.

"Small-scale, short duration" means activities that involve removal of three square or linear feet or less of friable material, such as surfacing or thermal system insulation, or 0.5 cubic feet or less of friable debris, and are tasks such as, but not limited to:

(1) Removal of asbestos-containing insulation on pipes.

(2) Removal of asbestos-containing insulation on beams or above ceilings.

(3) Replacement of an asbestos-containing gasket on a valve.

(4) Installation or removal of drywall.

(5) Installation of electrical conduits through or proximate to asbestos-containing materials.

(6) Removal of ACM only if required in the performance of another maintenance activity not intended as asbestos abatement.

(7) Removal of asbestos-containing thermal system insulation.

(8) Minor repairs to damaged thermal system insulation which do not require removal.

(9) Repairs to a piece of asbestos-containing wallboard.

(10) Repairs, involving encapsulation, enclosure, or removal of friable ACM only if required in the performance of emergency or routine maintenance activity and not intended solely as asbestos abatement.

"Starting date" means the date on which actual asbestos disturbance, removal, or demolition begins.

"Startup" means the setting in operation of a stationary source for any purpose.

"Strip" means to take off RACM from any part of a facility or facility components.

"Structural member" means any load-supporting member of a facility, such as beams and load-supporting walls, or any non-load-supporting member, such as ceilings and non-load-supporting walls.

"Visible emission" means any emissions which are visually detectable without the aid of instruments coming from RACM or asbestos-containing waste material, or from any asbestos milling, manufacturing, or fabricating operation. This includes asbestos debris found outside of containment at a job site. This does not include condensed, uncombined water vapor.

"Waste generator" means any owner or operator of a source regulated by this chapter whose act or process produces asbestos-containing waste material.

"Waste shipment record" means the shipping document, required to be originated and signed by the waste generator, used to track and substantiate the disposition of asbestos-containing waste material.

"Working day" means Monday through Friday and includes holidays that fall on any of the days Monday through Friday.

        [Eff ] (Auth: HRS §342P-1) (Imp: 40 CFR Part 61.141)

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