Ohio Admin. Code 3745-22-01 - Definitions
[Comment: For dates of non-regulatory government publications,
publications of recognized organizations and associations, federal rules, and
federal statutory provisions referenced in this rule, please see paragraph
(Z)
(AA) of
this rule, "referenced materials."]
(A)
(A)(1) "Approved training
course " means an asbestos hazard abatement specialist training course, an
asbestos hazard evaluation specialist training course, an asbestos hazard
abatement worker training course, asbestos hazard abatement project designer
training course, asbestos hazard abatement air-monitoring technician training
course, or any renewal training course meeting the requirements of Chapter
3710. of the Revised Code and approved by the director pursuant to rule
3745-22-07 of the Administrative
Code.
(B)(2) "Asbestos " means
the asbestiform varieties of serpentine (chrysotile), riebeckite (crocidolite),
cummingtonite-grunerite, anthophylite, and actinolite- tremolite as determined
using the method specified in 40 CFR Part 763, Subpart E, Appendix E, Section
1, Polarized Light Microscopy (PLM).
(C)(3) "Asbestos hazard
abatement activity " means any activity involving the removal , renovation,
enclosure , repair, encapsulation or operation and maintenance of reasonably
related friable asbestos -containing materials in an amount greater than three
linear feet or three square feet.
(D)(4) "Asbestos hazard
abatement air-monitoring technician " means the person who is responsible for
environmental monitoring or work area clearance air- sampling, including air
monitoring performed to determine completion of response actions under the
rules set forth in 40 CFR 763 Subpart E. An industrial hygienist certified by
the American board of industrial hygiene is exempt from certification as an
asbestos hazard abatement air-monitoring technician .
(E)(5) "Asbestos hazard
abatement contractor " means a business entity or public entity that engages in
or intends to engage in asbestos hazard abatement projects and that employs or
supervises one or more asbestos hazard abatement specialists for asbestos
hazard abatement projects. Asbestos hazard abatement contractor does not mean
an employee of an asbestos hazard abatement contractor , a general contractor
who subcontracts to an asbestos hazard abatement contractor an asbestos hazard
abatement project , or any individual who engages in an asbestos hazard
abatement project in the individual's own home. Asbestos hazard abatement
contractor shall not mean a business entity which engages in asbestos hazard
abatement projects solely at its own place of business provided that the
business entity is required to and does comply with all applicable standards of
the United States environmental protection agency and the United States
occupational safety and health, and provided further that persons employed by
the business entity performing the asbestos hazard abatement project meet the
requirements of this chapter .
(F)(6) "Asbestos hazard
abatement project " means one or more asbestos hazard abatement activities the
sum total of which is greater than fifty linear feet or fifty square feet of
friable asbestos -containing materials and is conducted by one asbestos hazard
abatement contractor . "Asbestos hazard abatement project " includes any such
activity involving such friable asbestos -containing materials in an amount of
fifty linear feet or fifty square feet or less if, when combined with any other
reasonably related activity in terms of time or location of the activity, the
total amount is in an amount greater than fifty linear feet or fifty square
feet.
(G)(7) "Asbestos hazard
abatement project designer " means the person responsible for the oversight of
asbestos hazard abatement activities or determination of the work scope, work
sequence, or performance standards for an asbestos hazard abatement activity ,
including preparation of specifications, plans, and contract
documents.
(H)(8) "Asbestos hazard
abatement specialist " means a person with responsibility for the oversight or
supervision of asbestos hazard abatement activities including asbestos hazard
abatement project managers, hazard abatement project supervisors and foremen,
and employees of school districts or other governmental or public entities who
coordinate or directly supervise or oversee asbestos hazard abatement
activities performed by school district, governmental, or other public
employees in school district, governmental, or other public buildings.
An asbestos hazard abatement specialist does not mean
an individual engaging in an asbestos hazard abatement activity in the
individual's own home.
(I)(9) "Asbestos hazard
abatement worker " means the person responsible in a nonsupervisory capacity for
the performance of an asbestos hazard abatement activity .
An asbestos hazard abatement worker does not mean an
individual engaging in an asbestos hazard abatement activity in the
individual's own home.
(J)(10) "Asbestos hazard
evaluation specialist " means a person responsible for the inspection,
identification, detection, and assessment of asbestos -containing materials or
suspect asbestos -containing materials, the determination of appropriate
response actions, or the preparation of asbestos management plans for the
purpose of protecting the public health from the hazards associated with
exposure to asbestos , including the performance of air and bulk sampling. This
category of specialists includes inspectors, management planners, health
professionals, industrial hygienists, private consultants, or other individuals
involved in asbestos risk identification or assessment or regulatory
activities.
(C)
(L)(1)
"Certificate " means either of the following:(1)(a) A document issued
by the director to an individual affirming that the individual successfully has
completed the training and other requirements set forth in this chapter of the
Administrative Code to qualify as an asbestos hazard abatement specialist or an
asbestos hazard evaluation specialist , an asbestos hazard abatement worker , an
asbestos hazard abatement project designer , an asbestos hazard abatement
air-monitoring technician , or an approved asbestos hazard abatement training
course provider,
(2)(b) A document issued
by a training institution in accordance with rule
3745-22-07 of the Administrative
Code affirming that an individual successfully has completed the instruction
required in all licensing or certification categories as provided in sections
3710.07 and
3710.10 of the Revised Code and
the rules of Chapter 3745-22 of the Administrative Code.
(M)(2)
"Clearance air-sampling means air-sampling performed after the completion of
any asbestos hazard abatement project and prior to the reoccupation of the
contained work area by the public and conducted for the purpose of protecting
the public from the health hazards associated with exposure to friable
asbestos - containing material.
(N)(3) "Contained work
area " means designated rooms, spaces, or other areas where asbestos abatement
projects are being performed, including decontamination structures. The
contained work area is separated from the uncontaminated environment by
polyethylene sheeting or other materials used in conjunction with the existing
floors, ceilings, and walls of the structure.
(D)
[Reserved.]
(E)
(O)(1) "Employee " means an
individual who is employed by a business or public asbestos hazard abatement
contractor .
(P)(2) "Encapsulate " means
to coat, bind, or resurface walls, ceilings, pipes, or other structures for
asbestos -containing materials with suitable products to prevent friable
asbestos from becoming airborne.
(Q)(3) "Enclosure " means
the permanent confinement of friable asbestos -containing materials with an
airtight barrier in an area not used or designed as an air plenum.
(R)(4)
"Environmental monitoring " means any air sampling other than clearance air
sampling or employee exposure monitoring performed for the purpose of
determining airborne asbestos concentrations.
(G)
[Reserved.]
(H)
[Reserved.]
(I)
[Reserved.]
(J)
[Reserved.]
(K)
[Reserved.]
(M)
[Reserved.]
(N)
[Reserved.]
(P)
(V)(1) "Person " means any
individual, business entity , governmental body, or other public or private
entity.
(W)(2) "Public entity "
means the state or any of its political subdivisions or any agency or
instrumentality of either.
(Q)
[Reserved.]
(S)
[Reserved.]
(T)
[Reserved.]
(U)
[Reserved.]
(W)
[Reserved.]
(X)
[Reserved.]
(Y)
[Reserved.]
(Z)
[Reserved.]
(1) Availability. The referenced materials
are available as follows:
(a) Code of Federal
Regulations (CFR). Information and copies may be obtained by writing to:
"Superintendent of Documents, Attn: New Orders, PO Box 371954, Pittsburgh, PA
15250-7954." The full text of the CFR is also available in electronic format at
http://www.ecfr.gov. The CFR
compilations are also available for inspection and use at most public libraries
and "The State Library of Ohio."
(b) National Institute for Occupational
Safety and Health. Information and copies of course information, standards and
methods may be obtained by writing to: "Centers for Disease Control and
Prevention, 1600 Clifton Road, Atlanta, GA 30329-4027," by calling 800-CDC-INFO
(800-232-4636) or via electronic format at
https://www.cdc.gov/niosh/pubs/default.html.
NIOSH publications are also available for inspection and use at most public
libraries and "The State Library of Ohio."
(c) United States Code (USC). Information and
copies may be obtained by writing to: "Superintendent of Documents, Attn: New
Orders, PO Box 371954, Pittsburgh, PA 15250-7954." The full text of the United
States Code is also available in electronic format at
http://www.gpo.gov/fdsys/https://www.govinfo.gov/app/collection/uscode.
The U.S.C compilations are also available for inspection and use at most public
libraries and "The State Library of Ohio."
(2) Referenced materials:
(a)
29 CFR
1926.1101, "Asbestos ," as published in the
July 1, 2017
2022 Code of Federal Regulations.
(b) 40 CFR Part 61, subpart M; "National
Emission Standards for Hazardous Air Pollutants;" 38 FR 8820, Apr. 6, 1973, as
amended at 55 FR 48414, Nov. 20, 1990.
(d) 40 CFR
Part 763, subpart E, appendix C, "Asbestos model accreditation plan," as
published in the July 1, 2017
2022 Code of Federal Regulations.
(e) 40 CFR Part 763, appendix E, subpart E,
section 1; "Polarized Light Microscopy (PLM), Interim Method of the
Determination of Asbestos in Bulk Insulation Samples;" 47 FR 23369, May 27,
1982 and 47 FR 38535, Sept. 1, 1982. Redesignated at 60 FR 31922, June 19,
1995.
(f) 40 CFR Part 763, subpart
G, "Asbestos worker protection," as published in the July 1,
2017
2022 Code
of Federal Regulations.
(h) NIOSH
course number 582, "Sampling and evaluating airborne asbestos dust."
(i) NIOSH manual of analytical methyods
(NMAM), 5th Edition as published April, 2016, 4th edition as published January
15, 1998.
(j) NIOSH Method 7400,
"Asbestos and other fibers by PCM," Issue 2, August 15, 1994; Issue 1, Rev 3 on
May 15, 1989.
(k) NIOSH Method
7402, "Asbestos by TEM," Issue 2, August 15, 1994; Issue 1, May 15, 1989.
(l) Toxic Substances Control Act ,
Title II, "Asbestos Hazard Emergency Response," as contained in 15 USC Chapter
53, subchapter II, as published January 3, 2017 in
Supplement III of the 2012
in Supplement 3,
Title 15 of the 2018 edition of the United States
Code.
Notes
Promulgated Under: 119.03
Statutory Authority: 3710.02
Rule Amplifies: 3710.01
Prior Effective Dates: 03/23/1987 (Emer.), 07/20/1987, 02/01/1994, 09/19/2004, 11/13/2014, 01/01/2018, 01/31/2021
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