Or. Admin. Code § 340-248-0010 - Definitions
The definitions in OAR 340-200-0020 and this rule apply to this division. If the same term is defined in this rule and 340-200-0020, the definition in this rule applies to this division.
(1) "Accredited inspector" means a person who
has completed training, received accreditation, and maintains valid
accreditation under 40 C.F.R. Part 763 Subpart E, Appendix C (Model
Accreditation Plan), Section B (Initial Training), Subsection 3
(Inspector).
(2) "Accredited
trainer" means a provider of asbestos abatement training courses authorized by
DEQ to offer training courses that satisfy requirements for worker and
supervisor training.
(3)
"Adequately wet" means to sufficiently mix or penetrate asbestos-containing
material or asbestos-containing waste material with liquid to prevent the
release of particulate asbestos materials. An asbestos-containing material or
asbestos-containing waste material is not adequately wetted if visible
emissions originate from that material. Precipitation is not an appropriate
method for wetting asbestos-containing material or asbestos-containing waste
material.
(4) "Agent" means an
individual who works on an asbestos abatement project for a contractor but is
not an employee of the contractor.
(5) "Asbestos" means the asbestiform
varieties of serpentine (chrysotile), riebeckite (crocidolite),
cummingtonite-grunerite (amosite), anthophyllite, actinolite, and
tremolite.
(6) "Asbestos abatement
project" means a demolition, renovation, repair, construction, or maintenance
activity of a facility that involves the repair, enclosure, encapsulation,
removal, salvage, handling, or disposal of asbestos-containing material with
the potential of releasing asbestos fibers from asbestos-containing material
into the air.
(7) "Asbestos
manufacturing operation" means the combining of commercial asbestos, or in the
case of woven friction products, the combining of textiles containing
commercial asbestos, with other material including commercial asbestos, and the
processing of this combination into a product as specified in OAR
340-248-0210(3).
(8) "Asbestos-containing material" means a
material containing more than one-percent asbestos by weight.
(9) "Asbestos-containing waste material"
means waste that contains or is contaminated by asbestos-containing material.
Asbestos-containing waste material includes, but is not limited to:
(a) Waste asbestos tailings or commercial
asbestos;
(c) Filters from control devices;
(d) Bags or containers that previously
contained commercial asbestos; and
(e) Asbestos abatement project waste
including:
(A) Disposable equipment and
clothing;
(B) Material used to
establish a negative pressure enclosure;
(C) Demolition or renovation
debris;
(D) HEPA filters;
and
(E) Other asbestos abatement
project waste that cannot be decontaminated.
(10) "Asbestos mill" means a facility engaged
in converting, or any intermediate step in converting, asbestos ore into
commercial asbestos.
(11) "Asbestos
tailings" mean a solid waste product of asbestos mining or milling operations
that contains asbestos.
(12)
"Asbestos waste generator" means a person performing an asbestos abatement
project, the owner or operator of a demolition or renovation activity, or an
owner or operator of a source or facility subject to OAR
340-248-0005 through 248-0280
whose act or process generates asbestos-containing waste material.
(13) "Asbestos waste shipment record" means
the shipment document, required to be originated and signed by the asbestos
waste generator; used to track and substantiate the disposition of
asbestos-containing waste material.
(14) "Certified supervisor" means a person
who has a current Oregon supervisor certification card.
(15) "Certified worker" means a person who
has a current Oregon worker certification card.
(16) "Contractor" means a person that
undertakes for compensation an asbestos abatement project for another person.
As used in this division, "compensation" means wages, salaries, commissions,
and other forms of remuneration paid to a person for personal
services.
(17) "Commercial
asbestos" means asbestos that is produced by extracting asbestos from asbestos
ore.
(18) "Demolition" means
wrecking or removing a load-supporting structural member of a facility together
with related handling operations or the intentional burning of a
facility.
(19) "Fabricating" means
processing (e.g., cutting, sawing, drilling) 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.
(20) "Facility" means
all or part of a public or private building, structure, installation,
equipment, vehicle, or vessel, including but not limited to ships.
(21) "Friable asbestos material" means
asbestos-containing material that when dry can be crumbled, pulverized, or
reduced to powder by hand pressure or by the forces expected to act upon the
material in the course of demolition, renovation, transportation, or
disposal.
(22) "Glove bag" means a
sealed compartment with attached inner gloves used for the handling of
asbestos-containing materials.
(23)
"Grinding" means to reduce to powder or small fragments and includes mechanical
chipping or drilling.
(24) "HEPA
filter" means a high efficiency particulate air filter capable of filtering 0.3
micron particles with 99.97 percent efficiency.
(25) "In poor condition" means the binding of
the material is losing its integrity as indicated by peeling, cracking, or
crumbling of the material.
(26)
"Inactive asbestos-containing waste disposal site" means a disposal site for
asbestos-containing waste where the operator has allowed DEQ's solid waste
permit to lapse, has gone out of business, or no longer receives
asbestos-containing waste.
(27)
"Interim storage of asbestos-containing waste material" means the storage of
asbestos-containing waste material that meets the packaging requirements of
this division and has been placed outside a regulated area until transported to
a disposal site permitted to receive such waste.
(28) "Installation" means a building or
structure or a group of buildings or structures at a single demolition or
renovation site that are under the control of the same owner or operator, or
under the control of owners or operators of demolition or renovation activities
that are under common control.
(29)
"Licensed" means a contracting entity has met DEQ's training and experience
requirements to offer and perform asbestos abatement projects and has a current
asbestos abatement contractor license. For purposes of this definition, a
license is not a permit subject to OAR chapter 340, division 216 or
218.
(30) "Leak-tight" means that
neither solids (including dust) nor liquids can escape or spill out.
(31) "Negative pressure enclosure" means a
barrier surrounding the area of asbestos abatement comprised of a plastic with
a minimum thickness of 6 mil exhausting through a HEPA filter exhaust system
measured by an attached and functioning manometer or similar device and
resulting in a negative pressure environment of -0.02 inches of water column.
The barrier must cover all gaps in the area surrounding the asbestos abatement
including doorways, windows, HVAC systems, drains, plumbing, and other
gaps.
(32) "Nonfriable asbestos
material" means asbestos-containing material that is not friable. When dry,
nonfriable asbestos material cannot be crumbled, pulverized, or reduced to
powder by hand pressure or by the forces expected to act on the material in the
course of demolition, renovation, transportation, or disposal.
(33) "Occupant" means an individual person
who lives in a subject private residence.
(34) "Open accumulation" means an
accumulation, placement, or storage of friable asbestos material or
asbestos-containing waste material other than material securely packaged and
stored as required by this division.
(35) "Owner or operator of a demolition or
renovation activity" means a person who owns, leases, operates, controls, or
supervises the facility undergoing demolition or renovation or a person who
owns, leases, operates, controls, or supervises the demolition or renovation
operation, or both.
(36)
"Particulate asbestos material" means finely divided particles of asbestos
material.
(37) "Person" means an
individual, public or private corporation, nonprofit corporation, association,
firm, partnership, joint venture, business trust, joint stock company,
municipal corporation, political sub-division, the state and an agency of the
state, or other entity, public or private, however organized.
(38) "Regulated area" means an area that:
(a) Is established by the person performing
an asbestos abatement project;
(b)
Includes all areas where asbestos abatement work and associated activities are
conducted and an adjoining area where asbestos-containing waste material
generated from the project site is securely packaged and stored;
(c) Restricts access to authorized personnel
only; and
(d) Is demarcated with
prominent warning signs along the perimeter that state, in bold, all-capital
letters and separated as shown here:
"DANGER
ASBESTOS
MAY CAUSE CANCER
ASBESTOS CAUSES DAMAGE TO LUNGS
AUTHORIZED PERSONNEL ONLY"
(39) "Renovation" means altering
one or more facility components. Renovation includes replacing, stripping, or
repairing facility components, such as mechanical ventilation systems, pipes,
ceilings, walls, flooring, and insulating materials. Operations in which
load-supporting structural members are wrecked or removed are
excluded.
(40) "Residential
building" means a facility used as a residence and that is a site-built home,
modular home constructed off site, mobile home, condominium, duplex, or a
multi-unit facility consisting of four units or less. Exceptions are that
residential building does not mean a facility that is:
(a) Used by a fire department for training
exercises;
(b) Demolished as part
of a larger project including urban renewal projects, highway construction
projects, or property developed for commercial use, industrial use, or
multi-unit residential buildings with more than four units;
(c) Renovated or demolished along with one or
more other facilities on the same site by the same owner or operator of a
demolition or renovation activity as part of the same project; or
(d) A residential dwelling unit located in a
commercial facility.
(41) "Small-scale, short duration renovating
and maintenance activity" means a task for which removing asbestos is not the
primary objective of the job, including, but not limited to:
(a) Removing asbestos-containing insulation
on pipes;
(b) Removing small
quantities of asbestos-insulation on beams or above ceilings;
(c) Replacing an asbestos-containing gasket
on a valve;
(d) Installing or
removing a small section of drywall; or
(e) Installing electrical conduits through or
proximate to asbestos-containing materials.
(42) "Structural member" means a
load-supporting member of a facility, such as beams and load-supporting walls;
or a non-supporting member, such as ceilings and non-load-supporting
walls.
(43) "Training Day" means a
day of classroom instruction that consists of at least seven hours of actual
classroom instruction and hands-on practice.
(44) "Visible emissions" means emissions that
are visually detectable without the aid of instruments.
Notes
Publications: Publications referenced are available from the agency.
Statutory/Other Authority: ORS 468.020, 468A.025, 468A.135 & 468A.745
Statutes/Other Implemented: ORS 468A.700 - ORS 468A.760
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