La. Admin. Code tit. 33 § III-2703

Current through Register Vol. 50, No. 8, August 20, 2024
Section III-2703 - Definitions
A. The terms used in this Chapter are defined in LAC 33:III.111 and LAC 33:III.5151.B of these regulations with the exception of those terms specifically defined in this Section as follows.

Accessible- when referring to asbestos-containing material, material that is subject to disturbance by school or state building occupants or custodial or maintenance personnel in the course of their normal activities.

Accredited or Accreditation-when referring to a person, accreditation by the Department of Environmental Quality under the provisions of LAC 33:III.2799 and when referring to a laboratory, accreditation under the provisions of LAC 33:I, Subpart 3, Chapters 45-59.

Act- the Louisiana Asbestos Abatement Act.

Agent- any individual or entity (i.e., architect, industrial hygienist, consultant, etc.) who plans, executes, and/or monitors an asbestos project.

Air Erosion-the passage of air over friable asbestos-containing building material which may result in the release of asbestos fibers.

Asbestos- the asbestiform varieties of Chrysotile (serpentine), crocidolite (riebeckite), amosite (cummingtonite-grunerite), anthophyllite, tremolite, and actinolite.

Asbestos Abatement Entity (AAE)- any individual, partnership, firm, association, corporation, sole proprietorship or other business concern, as well as any governmental, religious or social organization, or union with one or more employees or members involved in asbestos projects.

Asbestos-Containing Building Material (ACBM)- surfacing ACM, thermal system insulation ACM, or miscellaneous ACM in or on interior structural members or other parts of a school or state building.

Asbestos-Containing Material (ACM)-when referring to schools or state buildings, any material or product which contains more than 1 percent asbestos as determined by using the method specified in appendix E, subpart E, 40 CFR part 763, section 1, polarized light microscopy.

Asbestos Debris- pieces of ACBM that can be identified by color, texture, or composition, or dust, if the dust is determined by an accredited inspector to be ACM.

Category I Nonfriable ACM-asbestos-containing packings, gaskets, resilient floor covering, and asphalt roofing products containing more than 1 percent asbestos as determined by using the method specified in appendix E, subpart E, 40 CFR part 763, section 1, polarized light microscopy that when dry cannot be crumbled, pulverized, or reduced to powder by hand pressure.

Category II Nonfriable ACM - any material, excluding category I nonfriable ACM, containing more than 1 percent asbestos as determined by using the method specified in appendix E, subpart E, 40 CFR part 763, section 1, polarized light microscopy that, when dry, cannot be crumbled, pulverized, or reduced to powder by hand pressure.

Damaged Floor Covering that Contains ACM-resilient floor covering or the mastic used to attach it to the floor surface that contains ACM which has deteriorated or sustained physical impact such that the internal structure (cohesion) of the material is inadequate or, if applicable, which has delaminated such that its bond to the substrate (adhesion) is inadequate or which for any other reason lacks fiber cohesion or adhesion qualities. Such damage or deterioration may be illustrated by the separation of ACM into layers; separation of ACM from the substrate; flaking, blistering or crumbling of the ACM surface; water damage; significant or repeated water stains; scrapes, gouges, or mars; or other signs of physical impact on the ACM. Asbestos debris originating from the ACBM in question may also indicate damage.

Damaged Friable Miscellaneous ACM- friable miscellaneous ACM which has deteriorated or sustained physical injury such that the internal structure (cohesion) of the material is inadequate or, if applicable, which has delaminated such that its bond to the substrate (adhesion) is inadequate or which for any other reason lacks fiber cohesion or adhesion qualities. Such damage or deterioration may be illustrated by the separation of ACM into layers; separation of ACM from the substrate; flaking, blistering or crumbling of the ACM surface; water damage; significant or repeated water stains; scrapes, gouges, or mars; or other signs of physical injury on the ACM. Asbestos debris originating from the ACBM in question may also indicate damage.

Damaged Friable Surfacing ACM- friable surfacing ACM which has deteriorated or sustained physical injury such that the internal structure (cohesion) of the material is inadequate or which has delaminated such that its bond to the substrate (adhesion) is inadequate, or which, for any other reason, lacks fiber cohesion or adhesion qualities. Such damage or deterioration may be illustrated by the separation of ACM into layers; flaking, blistering, or crumbling of the ACM surface by water damage; significant or repeated water stains; scrapes, gouges, or mars; or other signs of physical injury on the ACM. Asbestos debris originating from the ACBM in question may also indicate damage.

Damaged or Significantly Damaged Thermal System Insulation ACM- thermal system insulation ACM on pipes, boilers, tanks, ducts, and other thermal system insulation equipment where the insulation has lost its structural integrity, or its covering, in whole or in part, or the ACM is crushed, water stained, gouged, punctured, missing, or not intact such that it is not able to contain fibers. Damage may be further illustrated by occasional punctures, gouges, or other signs of physical injury to ACM, occasional water damage on the protective coverings/jackets, or exposed ACM ends or joints. Asbestos debris originating from the ACBM in question may also indicate damage.

Encapsulation- the treatment of ACBM with a material that surrounds or embeds asbestos fibers in an adhesive matrix to prevent the release of fibers by the encapsulant creating a membrane over the surface (bridging encapsulant) or penetrating the material and binding its components together (penetrating encapsulant).

Enclosure- an airtight, impermeable, permanent barrier around ACBM to prevent the release of asbestos fibers into the air.

Facility Component-any part of a facility, including equipment, that is under the control of a local education agency or the state.

Fiber Release Episode- any uncontrolled or unintentional disturbance of ACBM.

Friable- when referring to material in a school or state building, material that when dry may be crumbled, pulverized, or reduced to powder by hand pressure, and includes previously nonfriable material after such previously nonfriable material becomes damaged to the extent that when dry it may be crumbled, pulverized, or reduced to powder by hand pressure.

Friable Asbestos-Containing Building Material (ACBM)- any friable ACM that is in or on interior structural members or other parts of a school or state building.

Friable Asbestos-Containing Material (ACM) - any material containing more than 1 percent asbestos as determined by using the method specified in appendix E, subpart E, 40 CFR part 763, section 1, polarized light microscopy, which has been applied on ceilings, walls, structural members, piping, duct work, or any other part of the building, which when dry, may be crumbled, pulverized, or reduced to powder by hand pressure. If the asbestos content is less than 10 percent as determined by a method other than point counting by polarized light microscopy (PLM), the asbestos content can be verified by point counting using PLM or assume the amount to be greater than 1 percent and treat the material as ACM.

Functional Space- a room, group of rooms, or homogeneous area (including crawl spaces or the space between a dropped ceiling and the floor or roof deck above), such as classroom(s), a cafeteria, gymnasium, or hallway(s), designated by a person accredited to prepare management plans, design abatement projects, or conduct response actions.

Guest Instructor-an individual with expertise in a specific non-asbestos field who is designated by the RATP or principal trainer to provide instruction specific to certain course topics (i.e., law, medicine, etc.).

High-Efficiency Particulate Air (HEPA)- refers to a filtering system capable of trapping and retaining at least 99.97 percent of all monodispersed particles 0.3 [MICRO]m in diameter or larger.

Homogeneous Area- an area of surfacing material, thermal system insulation material, or miscellaneous material that is uniform in color and texture.

Inspection-any activity undertaken in a school building, or a state building, to determine the presence or location, or to assess the condition of friable or nonfriable asbestos-containing material (ACM), whether by visual or physical examination, or by collecting samples of such material. This term includes reinspections of friable and nonfriable known or assumed ACM which has been previously identified. The term does not include the following:

a. periodic surveillance of the type described in LAC 33:III.2721.B solely for the purpose of recording or reporting a change in the condition of known or assumed ACBM;

b. inspections performed by employees or agents of federal, state, or local government solely for the purpose of determining compliance with applicable statutes or regulations; or

c. visual inspections of the type described in LAC 33:III.2717.J solely for the purpose of determining completion of response actions.

a. a public board of education or other authority legally constituted within Louisiana for either administrative control or direction of, or to perform a service function for, public or private; profit or nonprofit; day, night, or residential schools; elementary or secondary schools, colleges, graduate, medical, dental, or post-graduate education institutions;

b. the governing authority of any elementary or secondary school, college, or post-graduate education institution.

Major Fiber Release Episode- any uncontrolled or unintentional disturbance of ACBM, which involves the falling or dislodging of more than 3 square or linear feet of friable ACBM.

Minor Fiber Release Episode- any uncontrolled or unintentional disturbance of ACBM, which involves the falling or dislodging of 3 square or linear feet or less of friable ACBM.

Miscellaneous ACM- miscellaneous material that is ACM in a school or state building.

Miscellaneous Material- interior building material in structural components, structural members, or fixtures, such as floor and ceiling tiles, not including surfacing material or thermal system insulation.

Nonfriable- material in a school or state building that when dry may not be crumbled, pulverized, or reduced to powder by hand pressure.

Operations and Maintenance Program (O and M)-a program of work practices to maintain regulated ACM in good condition, ensure cleanup of asbestos fibers previously released, and prevent further release by minimizing and controlling disturbance or damage of regulated ACM.

Potential Damage- refers to circumstances in which:

a. friable ACBM is in an area regularly used by building occupants, including maintenance personnel, in the course of their normal activities;

b. there are indications that there is a reasonable likelihood that the material or its covering will become damaged, deteriorated, or delaminated due to factors such as changes in building use, changes in operations and maintenance practices, changes in occupancy, or recurrent damage.

a. friable ACBM is in an area regularly used by building occupants, including maintenance personnel, in the course of their normal activities;

b. there are indications that there is a reasonable likelihood that the material or its covering will become significantly damaged, deteriorated, or delaminated due to factors such as changes in building use, changes in operations and maintenance practices, changes in occupancy, or recurrent damage;

c. the material is subject to major or continuing disturbance due to factors including, but not limited to, accessibility or, under certain circumstances, vibration or air erosion.

Preventive Measures- actions taken to reduce disturbance of ACBM or otherwise eliminate the reasonable likelihood of the material's becoming damaged or significantly damaged.

Principal Trainer-the trainers recognized by the department and identified by the RATP in its application for recognition to provide instruction in asbestos training courses (e.g., inspector, etc.).

Recognized Asbestos Training Provider (RATP)-a person or organization recognized by the department, to provide training related to asbestos activities conducted in Louisiana.

Regulated Asbestos-Containing Material (RACM)-

a. friable asbestos material;

b. category I and II nonfriable ACM that has become friable such as asbestos-cement material that is not removed from a facility prior to demolition;

c. category I and II nonfriable ACM that has a high probability of becoming or has become crumbled, pulverized, ground, sanded, cut, abraded, or reduced to powder by the forces that have acted or are expected to act on the material in the course of demolition or renovation operations; or

d. resilient floor covering or the asbestos-containing mastic used to attach it to the floor surface that is scraped, sanded, abraded, bead blasted, cut, ground, crumbled, pulverized, or reduced to powder by any means, including hand and mechanical equipment. This definition does not include resilient floor covering removed by using dry ice, heat, wet methods, and chemicals where the tiles or sheeting are removed intact (minor tears or minor breakage is acceptable where, for all intents and purposes, the flooring is considered whole) or asbestos-containing mastic that has been removed by chemical or other means that results in the asbestos fibers in ACWM being bound within a macro substrate and cannot reasonably become airborne unless further forces are applied.

Related Scientific Field-animal science, biological sciences, chemistry, geosciences, atmospheric sciences, soil sciences, physical geography, physics, health sciences, toxicology, environmental sciences, wildlife and fisheries sciences, engineering, nuclear science, agronomy, forestry, health physics, medical physics, or statistics and quantitative methods.

Removal- the taking out or the stripping of substantially all ACBM from a damaged area, a functional space, or a homogeneous area in a school or state building.

Repair- to return damaged ACBM to an undamaged condition or to an intact state so as to prevent fiber release.

Resilient Floor Covering - asbestos-containing floor tiles, including asphalt and vinyl floor tile, and sheet vinyl floor covering containing more than 1 percent asbestos as determined by using polarized light microscopy according to the method specified in appendix E, subpart E, 40 CFR part 763, section 1, polarized light microscopy.

Response Action-a method, including removal, encapsulation, enclosure, repair, operations, and maintenance, that protects human health and the environment from regulated ACM.

Responsible Official-

a. for a corporation: a president, secretary, treasurer, or vice-president of the corporation in charge of a principal business function, or any other person who performs similar policy or decision-making functions for the corporation;

b. for a partnership or sole proprietorship: a general partner or the proprietor, respectively. If a general partner is a corporation, the provisions of Subparagraph a of this definition apply; or

c. for a municipality, state, federal, or other public agency: either a principal executive officer or ranking elected official. For the purposes of this definition, a principal executive officer of a federal agency includes the chief executive officer having a responsibility for the overall operations of a principal geographic unit of the agency.

Routine Maintenance Area- an area, such as a boiler room or mechanical room, that is not normally frequented by students and in which maintenance employees or contract workers regularly conduct maintenance activities.

School-any profit or nonprofit; public or private; day, night, or residential school that provides elementary, including head start and pre-K programs located on elementary school campuses, secondary, college, graduate, medical, dental, or post-graduate education, as determined under state law, or any school of any agency of the United States. Schools do not include locations where the primary purpose is not the education of students, but that provide for internships or other on the job training.

School Building-

a. structures used for instruction, including classrooms, laboratories, libraries, research facilities, and administrative facilities;

b. school eating facilities and kitchens;

c. gymnasiums or other facilities used for athletic or recreational activities, or for courses in physical education;

d. dormitories or other living areas of residential schools;

e. maintenance, storage, administrative, or utility facilities including hallways used in the operation of the facilities described in this definition; and

f. any exterior structure, portico or covered exterior hallway or walkway and any exterior portion of a mechanical system used to condition interior space.

Significantly Damaged Floor Covering that Contains ACM-damaged floor covering that contains ACM where the damage is extensive and severe.

Significantly Damaged Friable Surfacing ACM- damaged friable surfacing ACM in a functional space where the damage is extensive and severe.

Small-Scale, Short-Duration Activities (SSSD)-tasks that involve less than or equal to 3 square feet or 3 linear feet of ACM.

State Building-a building, or portion thereof, owned, used, or leased by the state of Louisiana. If the state does not own, lease, occupy, or use the entire building, the state building shall be only:

a. that portion of the building, owned, leased, occupied, or used by the state;

b. facility components as defined in LAC 33:III.2703;

c. work areas, kitchens, restrooms, and other common areas that are co-owned, leased, or used by the state together with others; and

d. any other portion of the building that shares a common heating, ventilation, and air conditioning (HVAC) system or common ingress/egress points with that portion of the building owned, leased, occupied or used by the state.

State Government-the state of Louisiana and any state agency as defined in R.S. 13:5102 that owns, leases, occupies, or uses the state building.

State of Louisiana or State-the state of Louisiana or any state agency as defined in R.S. 13:5102.

Statement(s) of No Asbestos in Construction-

a. a signed written statement, by an architect, project engineer, or other principal responsible for the construction or renovation of the building, or a portion thereof, that no ACM was specified as a building material in the applicable construction documents for the building, or portion thereof (multiple signatures may be necessary to address the entire building); or

b. a signed written statement by an accredited asbestos inspector who has conducted a thorough review of documents related to the construction or renovation of the building that no ACM was specified as a building material in the construction documents for the building, including all subsequent additions or renovations.

Surfacing ACM- surfacing material that is ACM.

Surfacing Material- material in a school or state building that is sprayed on, troweled on, or otherwise applied to surfaces, such as acoustical plaster on ceilings and fireproofing materials on structural members, or other materials on surfaces for acoustical, fireproofing, or other purposes.

Thermal System Insulation- material in a school or state building applied to pipes, fittings, boilers, breeching, tanks, ducts, or other interior structural components to prevent heat loss or gain, or water condensation, or for other purposes.

Thermal System Insulation ACM- thermal system insulation that is ACM.

Training Hour-at least 50 minutes of actual teaching including, but not limited to, time devoted to lecture, learning activities, small group activities, demonstrations, evaluations, and/or hands-on experience.

Training Manager-the individual responsible for administering a training program and monitoring the performance of the principal trainers and guest instructors; either serves as the signatory for training certificates or may designate other responsible individuals in the organization, or trainers as signatories.

Vibration- the periodic motion of friable ACBM which may result in the release of asbestos fibers.

La. Admin. Code tit. 33, § III-2703

Promulgated by the Department of Environmental Quality, Office of Air Quality and Nuclear Energy, Air Quality Division, LR 15:735 (September 1989), amended by the Office of Air Quality and Radiation Protection, Air Quality Division, LR 20:649 (June 1994), LR 22:699 (August 1996), amended by the Office of the Secretary, Legal Division, LR 40:501 (March 2014).
AUTHORITY NOTE: Promulgated in accordance with R.S. 30:2344 and 40:1749.1.