06- 096 C.M.R. ch. 425, § 1 - Definitions

The following terms as used in the Maine Asbestos Law and in this rule shall have the following meanings, unless the context indicates otherwise.

A. Abrade: "Abrade" means to wear away or rub off by friction asbestos-containing materials such that theasbestos-containing material is friable.

B. ACM: "ACM" means asbestos-containing material.

C. Adequately wet: "Adequately wet" means to sufficiently mix or penetrate with liquid to prevent visible emissions and the release of any particulates during handling. Asbestos-containing material that is adequately wet will have no visible emissions when handled and will feel moist to the touch. The absence of visible emissions is not sufficient evidence of being adequately wet.

D. Aggressive method: "Aggressive method" means removal or disturbance by sanding, cutting, grinding, or abrading.

E. Aggressive sampling: "Aggressive sampling" means sweeping the walls, ceiling and floor of a regulated area with the exhaust of a minimum one (1) horsepower leaf blower immediately preceding air clearance sampling, then placing a stationary fan at a shallow angle to the floor for each 10,000 cubic feet of regulated area with the fan air directed to the ceiling, and running the fan(s) throughout the air sampling event.

F. AHERA: "AHERA" means Asbestos Hazard Emergency Response Act Enabling legislation, enacted on October 22, 1986, authorizing EPA to promulgate the "Asbestos-Containing Materials in Schools" rule, 40 CFR Part 763 [as amended], with an effective date of December 14, 1987.

G. AIHA: "AIHA" means American Industrial Hygiene Association.

H. Air clearance sampling: "Air clearance sampling" means air monitoring conducted by a certified asbestos air monitor at the conclusion of an asbestos abatement activity.

I. Air monitoring: "Air monitoring" means collecting samples of air before, during, or after an asbestos abatement activity to measure the concentration of airborne fibers.

J. Alter: "Alter" means to modify, change, or remove.

K. Applicant: "Applicant" means an individual, business entity, or public entity formally requesting from the Department a license or certificate to engage in an asbestos abatement activity regulated by this rule.

L. Area monitoring: "Area monitoring" means air monitoring, excluding personal sampling, performed inside, outside, and/or adjacent to the regulated area in order to determine whether elevated fiber counts are being generated during a particular abatement activity.

M. Asbestos: "Asbestos" means a group of naturally occurring minerals that separate into fibers of high tensile strength and are resistant to heat, wear, and chemicals, including, but not limited to, the asbestiform varieties of serpentine (chrysotile), riebeckite (crocidolite), cummingtonite-gunerite (amosite), anthophyllite, actinolite, tremolite, and any of these minerals that have been chemically treated or altered.

N. Asbestos abatement activity: For purposes of this rule, "asbestos abatement activity" means any activity involving the removal, demolition, enclosure, repair, encapsulation, or handling of asbestos-containing materials in an amount greater than 3 square feet or 3 linear feet. "Asbestos abatement activity" includes associated activities such as design, monitoring, analysis, and inspection of asbestos-containing materials in an amount greater than 3 square feet or 3 linear feet, and conducting training for persons seeking a state certificate or license.

O. Asbestos abatement contractor: "Asbestos abatement contractor" means a business entity licensed by the Department that engages in, or intends to engage in, asbestos abatement activities as a business service and that employs or involves one or more asbestos abatement project supervisors, asbestos abatement workers, asbestos abatement design consultants, asbestos air monitors, or asbestos inspectors for asbestos abatement activities.

P. Asbestos abatement design consultant: "Asbestos abatement design consultant" means a Department-certified individual engaged in preparing and supervising the implementation of facility plans for the removal or abatement of asbestos. These activities include, but are not limited to: the performance of air quality and bulk sampling; advising building owners, contractors, and project supervisors on health impacts of asbestos abatement activities; and supervising the conduct of training courses. This category of specialists includes, but is not limited to, engineers, architects, health professionals, industrial hygienists, private consultants, or other individuals involved in asbestos risk assessment or regulatory activities.

Q. Asbestos abatement project supervisor: "Asbestos abatement project supervisor" means a Department-certified individual with responsibility for the supervision of asbestos abatement activities. These persons include, but are not limited to: project supervisors employed by contractors or by in-house asbestos abatement units; and employees of governmental or public entities who coordinate or directly supervise asbestos abatement activities performed by public schools, governmental, or other public employees in a school district, governmental, or other public buildings.

R. Asbestos abatement worker: "Asbestos abatement worker" means a Department-certified individual engaging in any asbestos abatement activity for any employer.

S. Asbestos air analyst: "Asbestos air analyst" means a Department-certified individual engaging in the analysis of air samples for fiber count including, but not limited to, asbestos.

T. Asbestos air monitor: "Asbestos air monitor" means a Department-certified individual who is responsible for conducting air and/or project monitoring prescribed by this rule and other rules and regulations in order to protect the public health from the hazards associated with exposure to asbestos.

U. Asbestos analytical laboratory: "Asbestos analytical laboratory" means a business entity or public entity licensed by the Department that qualitatively or quantitatively analyzes samples of solids, liquids or gases for fibers including asbestos fibers.

V. Asbestos associated activity: "Asbestos associated activity" means asbestos-related activity, such as inspection, design, monitoring, analysis, and the provision of training to persons seeking to become certified as asbestos professionals, conducted generally in support of asbestos abatement activity, but excluding removal, demolition, enclosure, handling, repair, or encapsulation of ACM.

W. Asbestos bulk analyst: "Asbestos bulk analyst" means a Department-certified individual engaging in the analysis of bulk samples for asbestos and/or other material composition for qualitative or quantitative purposes.

X. Asbestos-containing cementitious product: "Asbestos-containing cementitious product" means any pre-formed material or product manufactured with asbestos mixed into cement. Commonly referred to as transite, it includes but is not limited to piping, board, and siding.

Y. Asbestos consultant: "Asbestos consultant" means a business entity licensed by the Department that engages in, or intends to engage in, the design, inspection, or monitoring of asbestos abatement activities.

Z. Asbestos-containing material: "Asbestos-containing material" means any material containing asbestos in quantities greater than or equal to 1% by volume as determined by weight, visual evaluation, and/or point count analysis.

AA. Asbestos-contaminated material: "Asbestos-contaminated material" means any solid, liquid, or waste material that contains asbestos or is contaminated with asbestos.

BB. Asbestos impact survey: "Asbestos impact survey" means asbestos inspection.

CC. Asbestos inspector: "Asbestos inspector" means a Department-certified individual whose activities include, but are not limited to, collecting bulk samples and assessing the potential for exposure associated with the presence of ACM.

DD. Asbestos management planner: "Asbestos management planner" means a Department-certified individual who assesses hazards associated with the presence and condition of ACM in schools, and who develops a response action plan based upon assessment.

EE. Asbestos professional: "Asbestos professional" means an individual certified by the Department to engage in asbestos abatement activities, including but not limited to, asbestos abatement worker, asbestos abatement project supervisor, asbestos air monitor, asbestos inspector, asbestos abatement design consultant, asbestos management planner, asbestos bulk analyst, and asbestos air analyst.

FF. Asbestos waste: "Asbestos waste" means any asbestos-contaminated material, asbestos debris, or asbestos-containing waste generated from an asbestos abatement activity or any other source that is discarded and considered a waste material.

GG. Asbestos waste storage facility or AWSF: "Asbestos waste storage facility" or "AWSF" means a temporary storage container or building where more than one cubic yard of asbestos waste is stored. An "asbestos waste storage facility" does not include the storage of asbestos waste on the site of generation during the asbestos abatement activity and for a period not exceeding 5 days after completion of the project or areas where asbestos waste is being stored or placed for less than 1 day such as vehicles, loading docks and staging areas.

HH. Board: "Board" means the Maine Board of Environmental Protection.

II. Building: "Building" means any discrete structure suitable for housing individuals, equipment, or other items, including but not limited to the heating, ventilation, and air conditioning systems servicing that building. The foundation layout generally comprises the dimensions of a "building". For purposes of this rule, structures connected by a portico, exterior hallway, corridor, or similar passageway are not considered to be the same "building".

JJ. Business entity: "Business entity" means a partnership, firm, association, corporation, sole proprietorship, or any other form of business concern.

KK. Certificate: "Certificate" means a document issued to an individual by the commissioner affirming that an individual has successfully completed the training and other requirements set forth in this rule to qualify as an asbestos professional.

LL. Clean room: "Clean room" means the section of a decontamination facility or unit where clean clothes and towels are located and that separates the shower room from the outside of a containment or regulated area. The clean room must be a minimum of 24 square feet for projects involving 3 or fewer certified individuals working for the contractor entering the regulated area per work shift and a minimum of 32 square feet for all other projects.

MM. Commissioner: "Commissioner" means the Commissioner of the Department of Environmental Protection.

NN. Competent person: "Competent person" means, for roofing, cementitious products, and demolition by large equipment projects subject to OSHA jurisdiction, the individual capable of identifying existing asbestos hazards in the work site who has the authority to take prompt corrective measures to eliminate such hazards, as defined in the OSHA Asbestos Standard for Construction, 29 CFR 1926.1101 (amended and corrected), effective date August 10, 1994.

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Note: A competent person must attend a comprehensive asbestos training course (i.e. the asbestos abatement supervisor training course set forth in EPA's Model Accreditation Program, ( 40 CFR Part 763, Appendix C to Subpart E) conducted by an accredited asbestos training provider, or a course that is equivalent in length and content.

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OO. Containerize: "Containerize" means the sealing of asbestos waste in fiber-tight polyethylene sheeting, in a fiber-tight metal, plastic, or fiber drum with a locking lid, or in leak-proof containers.

PP. Containment: "Containment" means a specific area designated for asbestos abatement activity in which engineering control measures have been implemented to prevent the release of asbestos fibers to the atmosphere by means of: covering the walls, ceilings, and floors, and openings of such areas with polyethylene sheeting; establishing reduced atmospheric pressure within the area; and controlling personnel access to the area.

QQ. Critical barrier: "Critical barrier" means a fiber-tight barrier within 15' (fifteen feet) of the regulated area and within the room(s) in which the project is conducted consisting of one layer of (six) 6-mil polyethylene sheeting, that is a separate layer from containment, used to seal windows (excluding fixed windows), doors, vents, drains, wall penetrations, and any other penetrations.

RR. Cut: "Cut" means penetrate with a sharp-edged instrument, including sawing, but not including shearing, slicing, or punching.

SS. Decontamination facility or unit: "Decontamination facility or unit" means an enclosed area adjacent and connected to the containment consisting of, at a minimum, an equipment room, a shower room, and a clean room, that is used for the decontamination of workers, materials and equipment.

TT. Demolition: "Demolition" means the act or process of tearing down or razing a building or discrete portion thereof together with any associated handling operations, or the intentional burning of a building.

UU. Department: "Department" means the Maine Department of Environmental Protection composed of the Board and the Commissioner.

VV. Deteriorated: "Deteriorated" means the condition of a material in which the binding or matrix is losing or has lost its integrity so that the material is friable.

WW. Emergency asbestos abatement activity: "Emergency asbestos abatement activity" means an asbestos abatement activity necessitated by a sudden, unexpected event such as non-routine failures of equipment or by actions of fire and emergency medical personnel pursuant to duties within their official capacities.

XX. Employee: "Employee" means each person who may be permitted, required, or directed by an employer in consideration of direct or indirect gain or profit to engage in any employment.

YY. Employer: "Employer" means an individual, business entity, or public entity that gives an employee, whether directly or indirectly, gain or profit in exchange for performing any task.

ZZ. Encapsulant: "Encapsulant" means liquid sealant applied to ACM to reduce the tendency of ACM to release asbestos fibers.

AAA. Encapsulation: "Encapsulation" means the application of a liquid sealant to ACM or the wrapping of ACM with rewettable cloth and mastic to reduce the tendency of the ACM to release asbestos fibers.

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Note: Except for friable surfacing ACM, painting or sealing intact ACM in order to prevent damage or to enhance appearance is not an asbestos abatement (encapsulation) activity as long as the painting or sealing intact ACM will not disturb or damage the ACM.

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BBB. Enclosure: "Enclosure" means the covering of ACM in, under, or behind any kind of fiber-tight barrier such as walls.

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Note: Enclosing intact ACM in order to prevent damage or to enhance appearance is not asbestos abatement (enclosure) activity as long as enclosing the intact ACM will not disturb or damage the ACM.

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CCC. Equipment room: "Equipment room" means an asbestos-contaminated room located within the decontamination facility or unit that is connected to both the containment and the shower, and supplied with impermeable bags or containers for the disposal of contaminated protective clothing, equipment and asbestos waste. The equipment room may or may not be part of a designated waste load-out unit.

DDD. Facility: "Facility" means an institutional, commercial, public, industrial, or residential structure, installation, or building or set of buildings at a single geographic location, including those containing condominium units, or individual dwelling units operated as a residential cooperative, military or company housing, or ship.

EEE. Friable ACM or friable asbestos: "Friable ACM" or "friable asbestos" means any ACM that, when dry, has the potential to readily release asbestos fibers when crumbled, pulverized, handled, deteriorated, or subjected to mechanical, physical or chemical processes. It also means potentially-friable ACM that has deteriorated or has been or will be processed to the extent that, when dry, it may readily release asbestos fibers. Sanding, cutting, abrading, or grinding are processes that will readily release asbestos fibers from potentially-friable ACM.

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Note: Activities that render potentially friable asbestos-containing materials friable include but are not limited to: removal of asbestos flooring by an aggressive method, and subjecting asbestos-containing cementitious products andasbestos-containing latex, asphaltic or petroleum-based materials to sanding, grinding, abrading, or cutting with a mechanical cutter or to mechanical and/or physical forces such that the material is no longer intact.

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FFF. Glove bag: "Glove bag" means a polyethylene bag, minimum (six) 6-mil in thickness or equivalent with built-in gloves that is used to remove ACM in small quantities.

GGG. Grind: "Grind" means to reduce to powder or small fragments using such methods as, but not limited to, mechanical chipping, grinding, drilling, or shot or bead blasting.

HHH. Gross visible debris: "Gross visible debris" means visible debris, other than dust, in the regulated area.

III. Handling: "Handling" means to lift, impact, dislodge, process, remove, store, or otherwise manipulate friable ACM.

JJJ. HEPA: "HEPA" means high efficiency particulate air filter capable of retaining 0.3-micrometer diameter particles with 99.97% efficiency, including N-100, R-100, or P-100 filter cartridges.

KKK. Homogenous area: "Homogenous area" means a discrete portion of surfacing material, thermal system insulation, or miscellaneous ACM that is uniform in color, texture, and composition.

LLL. In-house asbestos abatement unit: "In-house asbestos abatement unit" means an employee or group of employees of a Department licensed business or public entity that engages in, or intends to engage in, asbestos abatement activities at projects solely within the confines of property owned or leased by the entity and that employs one or more asbestos abatement supervisors or other asbestos professionals.

MMM. Independent business relationship: "Independent business relationship" means a relationship between two businesses in which no financial or shareholder control is exerted by one over the other, except by contract to perform services for a specific project where the relationship between the contracting businesses is otherwise independent and the facility owner or agent is aware of the contractual relationship. Circumstances where a relationship between two businesses is not independent include, but are not limited to: When a person and/or immediate family member or business entity has ownership shares in both businesses; When a person and/or immediate family member has ownership in, or serves as an officer, director, or employee of, one business and serves as an officer, director, or employee of the other business; When a person or business entity with ownership in, or serving as an officer, director, or employee of, one business has provided capital or other financial support to the other business; and When a person or business entity hires another person or business entity to conduct visual evaluation(s) and/or air clearance sampling using a fixed-price contract that does not fully compensate for additional sampling, analytical and labor costs necessitated by failure of the visual evaluation and/or air clearance sampling.

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Note: The term "independent business relationship" is defined for purposes of the independence requirements in sections 2(G), 4(E)(4)(a), 5(C)(1)(c), and 8(A)(1) of this rule and the financial interest disclosure requirements in sections 6(D)(1) and 6(D)(2).

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NNN. Inspection: "Inspection" means the process of visually identifying the locations, collecting bulk samples, and assessing the condition of suspect ACM present in or around a facility. This process includes sampling and assessing suspect ACM and creating records documenting the same. Inspection includes conducting a comprehensive building survey by a certified asbestos inspector prior to renovation and/or demolition activities to determine the presence of any asbestos-containing materials that may be impacted by the renovation and/or demolition project.

OOO. Intact: "Intact" means that the ACM has not crumbled, been pulverized or otherwise deteriorated so that the asbestos is no longer likely to be bound with its matrix.

PPP. License: "License" means a document issued by the commissioner to a business entity or public entity affirming that the entity has met the requirements set forth in this rule to engage in asbestos abatement activities including but not limited to, asbestos abatement contractor, in-house asbestos abatement unit, asbestos consultant, asbestos analytical laboratory, and training provider.

QQQ. Maine asbestos law: "Maine asbestos law" means Maine Revised Statutes Title 38, Sections 1271 to 1284.

RRR. Mastic: "Mastic" means petroleum or asphalt based adhesive, glue, or protective coating used to adhere or fasten a product to a surface or to protect a surface from corrosion or decay. As used in this rule, mastic does not include surfacing materials or thermal system insulation.

SSS. Mechanical chipping: "Mechanical chipping" means grinding by machine or tool, including but not limited to ice scraper, spud bar, pry bar, and mechanical chipping machine.

TTT. Miscellaneous ACM: "Miscellaneous ACM" means all ACM that is not surfacing material or thermal system insulation.

UUU. Model Accreditation Plan (MAP): "Model accreditation plan" means Appendix C, the Interim Final Rule-59 FR 5236-5260 (effective April 4, 1994) to Subpart E of the Asbestos-Containing Materials in Schools rule, 40 CFR, Part 763 (effective December 14, 1987).

VVV. Non-friable ACM: "Non-friable ACM" means ACM that is not friable ACM and is intact and not deteriorated. Non-friable ACM generally contains asbestos that is mixed into another medium or matrix such as vinyl or cement, and does not emit fibers readily unless deteriorated or subjected to sanding, cutting, grinding, or abrading.

WWW. NVLAP: "NVLAP" meansNational Voluntary Laboratory Accreditation Program.

XXX. OSHA: "OSHA" means the Federal Occupational Safety and Health Administration.

YYY. Owner or Operator: "Owner" or "operator" means any person who owns, leases, operates, controls, or supervises an asbestos abatement activity within a facility or who owns, leases, operates, controls, or supervises the facility at which an asbestos abatement activity occurs, or both.

ZZZ. PAT: "PAT" means Proficiency Analytical Testing, prescribed by AIHA to determine asbestos analytical laboratory or analyst proficiency.

AAAA. Person: "Person" means any individual, business entity, governmental body, or other public or private entity.

BBBB. Physical barrier: "Physical barrier" means a partition utilized to prevent access into a regulated area by a person not associated with the project.

CCCC. Potentially Friable: "Potentially friable" means intact ACM that is not currently friable but will become friable if it is sanded, grinded, abraded or cut with a mechanical cutter or subject to mechanical/physical forces such that it is no longer intact.

DDDD. Project: "Project" means the asbestos abatement activities outlined in a project design, including any pre-cleaning and the hanging of polyethylene sheeting, that occur within a single building during a discrete and finite time period and with a lapse in abatement activity of no more than 10 working days.

EEEE. Project completion: "Project completion" means the end of all asbestos abatement activities in a regulated area.

FFFF. Project design: "Project design" means an asbestos-specific plan or any related set of directions, work orders, bid documents or specifications developed by an asbestos abatement design consultant for the removal, enclosure, encapsulation handling, or repair of more than 3 square or 3 linear feet of ACM, or for the demolition or renovation of a facility or facility component which contains or impacts more than 3 square or 3 linear feet of ACM.

GGGG. Project monitoring: "Project monitoring" means an asbestos associated activity undertaken by an asbestos air monitor that documents whether an asbestos abatement activity is conducted and completed according to design specifications and applicable rules and regulations, or that performs area monitoring inside, outside, and/or adjacent to the regulated area in order to determine whether elevated fiber counts are being generated during a particular abatement activity.

HHHH. Public entity: "Public entity" means the state, any of it's political subdivisions, or any agency or instrumentality of either.

IIII. Regulated area: "Regulated area" means an area established by the owner or operator to demarcate the geographic boundaries where asbestos abatement activities take place. Whenever a work area containment is used, it demarcates the regulated area. Establishing the regulated area includes demarcation, pre-cleaning, hanging polyethylene sheeting, and any other activities which have the potential to disturb asbestos-containing materials at the site.

JJJJ. Remote decontamination facility or unit: "Remote decontamination facility" or "remote decontamination unit" means a decontamination facility or unit that is not contiguous with the regulated area, where negative air pressure is not required.

KKKK. Removal: "Removal" means taking out ACM or facility components that contain or are covered with ACM from a facility.

LLLL. Renovation: "Renovation" means the removal of any asbestos-containing facility component(s) and/or building materials together with any related handling operations.

MMMM. Repair: "Repair" means an asbestos abatement activity that involves sealing, patching, and/or enclosure of damaged ACM.

NNNN. Responsible person: "Responsible person" means an individual having ultimate legal control of actions of a business entity, public entity, or employer, or such individual's agent.

OOOO. Sampling: "Sampling" means the process of obtaining representative portions of materials or air suspected to contain asbestos, including, but not limited to, the taking of bulk samples of materials, the collection of liquids, or the collection of air for the purposes of enumerating asbestos or fiber concentrations.

PPPP. Sand: "Sand" means to polish or rub off with sandpaper.

QQQQ. Shower room: "Shower room" means a section of the decontamination facility or unit that has a shower equipped with continuous running, adjustable, hot and cold water, soap, and a mechanism of containing and collecting shower water that must be filtered with a 5 micron filter prior to discharge.

RRRR. State: "State" means the State of Maine.

SSSS. Static Air Clearance Sample: Static air clearance sample means an air clearance sample that is collected from a regulated area that is not subjected to aggressive sampling.

TTTT. Surfacing material: "Surfacing material" means ACM that was sprayed-on, troweled-on, or otherwise applied to surfaces for acoustical, fireproofing, or other purposes.

UUUU. TEM: "TEM" means transmission electron microscopy.

VVVV. Thermal system insulation: "Thermal system insulation" means ACM that was applied to pipes, ducts, fittings, boilers, breaching, tanks, or other components to prevent heat loss or gain, or water condensation, or for other purposes.

WWWW. Training provider: "Training provider" means a person licensed by the Department to provide training that is necessary to fulfill certification or licensing requirements under this rule.

XXXX. US EPA: "US EPA" meansthe United States Environmental Protection Agency.

YYYY. Visible debris: "Visible debris" means any particulate residue, such as dust, dirt, or other extraneous material that may or may not contain asbestos, capable of detection by the human eye without the aid of instruments.

ZZZZ. Visible emission: "Visible emission" means any emission originating from ACM during abatement activities and capable of being detected by the human eye without the aid of instruments.

Aa. Visual evaluation: "Visual evaluation" means the process by which the regulated area is scrutinized by a certified asbestos air monitor to ascertain whether visible debris is present upon completion of an asbestos abatement activity.

Bb. Waste disposal site: "Waste disposal site" means a land area, facility, location, or combination of them, including landfills, utilized for final disposal of asbestos waste.

Cc. Waste load out unit: "Waste load out unit" means part of a containment through which asbestos waste or asbestos-contaminated material or supplies is removed from the regulated area. Waste load-out units shall be equipped with an air-lock contiguous with the containment to allow cleaning and packaging of waste.

Dd. Work area: "Work area" means any physical space within the regulated area in which an asbestos abatement activity is being performed.

Ee. Work practices: "Work practices" means the minimum standards, procedures, or actions taken or used in carrying out any asbestos abatement activity.

Ff. Work site: "Work site" means the geographic location, as indicated by street address, at which an asbestos abatement activity takes place.

Notes

06- 096 C.M.R. ch. 425, § 1