Rule 11-2-10.2 - DefinitionsA. "Abatement" means removal, encapsulation, enclosure or repair of or an operations and maintenance program for asbestos-containing materials including responses to major fiber release episodes.B. "Act" shall mean the Asbestos Abatement Accreditation and Certification Act.C. "Air monitor" means a person who collects airborne samples for analysis of asbestos fibers during an abatement project including baseline, area and clearance samples. D. "Asbestos" means the asbestiform varieties of: chrysotile (serpentine); crocidolite (riebeckite); amosite (cummingtonite-grunerite); anthophyllite; tremolite; and actinolite. E. "Asbestos-containing materials" (ACM) means any material or product which contains more than one percent (1[CENT]) asbestos.F. "Asbestos project" means a project for the abatement of ACM in school buildings, public buildings or commercial buildings including the abatement of shingles, tiles, or felt containing ACM in the roof or exterior siding of such building except for exclusions adopted by the Commission in accordance with Section 37-138-9(a) and except for abatement of asbestos-containing resilient floor tile, sheet vinyl flooring and associated adhesives provided there is a two-working-day advance notification to the commission of the abatement of asbestos-containing floor tile, sheet vinyl flooring and associated adhesives, unless sanding, grinding, burning or sawing occurs or such abatement is otherwise considered a "response action" or would cause the material to become "friable" as both those terms are defined under 40 CFR Section 763.83.G. "Building" means (1) any structure having two or more walls and a roof or ceiling and (2) any other structure that is totally enclosed. H. "Certificate" means a document issued by the Commission or its designee authorizing an individual to perform certain specific activities related to the identification, evaluation or abatement of ACM in or on school buildings, public buildings and commercial buildings as described in these regulations.I. "Commercial building" means any privately owned building, including any industrial building, in which the public is invited or allowed access and any other privately owned building so located that the conduct of any asbestos abatement activities therein could reasonably expose any person or persons to ACM hazards, except that a commercial building shall not include any residence.J. "Commission" means the Mississippi Commission on Environmental Quality.K. "Continuous" and "continuously current" mean, with respect to training as required herein, that applicable refresher course(s) have been successfully completed annually since the successful completion of the initial training course.(1) For purposes of this definition, "annually" shall be construed to mean the one-year period from an applicable initial or refresher training completion date and the anniversary of that date or any shorter period.(2) For purposes of this definition, "annually" shall be construed to be greater than a one-year period only if an individual demonstrates to the satisfaction of the Commission that (a) a reasonable effort was made by the individual to complete applicable training within one year,(b) failure to complete training was beyond the individual's control, and(c) training was completed as soon as possible following the one-year anniversary.L. "Contract for the performance of an asbestos project" shall mean an agreement, either oral or written, which is for the purpose of the performance, in whole or in part, of an asbestos project for a valuable consideration.M. Contractor" means an individual who contracts for the performance of an asbestos project on his own behalf or on behalf of a business entity. The contractor, if acting on behalf of a business entity, must be a responsible official for the company, partnership, corporation, sole proprietorship, or other business entity performing, or offering to perform, an asbestos project.N. "Duly authorized representative (DAR)" means a representative of a responsible official who, in accordance with corporate by-laws or policy, can legally bind the business entity and is to be held responsible for actions, standards, requirements, and prohibitions under state and federal asbestos control regulations. Notification of the designation of the DAR by the responsible official must be submitted to MDEQ in writing and must be signed by a responsible official prior to any action by the DAR and/or submission of any documentation by the DAR.O. "Director" means the Executive Director of the Mississippi Department of Environmental Quality or his designee.P. "EPA" means the United States Environmental Protection Agency.Q. "Encapsulation" means the treatment of ACM with a material that surrounds or embeds asbestos fibers in an adhesive matrix to prevent the release of fibers as the encapsulant creates a membrane over the surface (bridging encapsulant) or penetrates the material and binds its components together (penetrating encapsulant).R. "Enclosure" means an airtight, impermeable, permanent barrier around ACM to prevent the release of asbestos fibers into the air and does not include a temporary barrier erected for the purpose of ACM removal.S. "Friable" when referring to ACM in or on a school building, public building or commercial building, means that the material, when dry, may be crumbled, pulverized, or reduced to powder by hand pressure, and includes previously nonfriable ACM after such previously nonfriable ACM becomes damaged to the extent that when dry it may be crumbled, pulverized, or reduced to powder by hand pressure.T. "Individual" means a natural person as distinguished from the State or other agency or institution thereof, any municipality, political subdivision, public or private corporation, partnership, association or other entity.U. "Inspector" means a person employed to inspect or reinspect for the presence of ACM, collect samples for confirmation of ACM and provide written assessment of ACM.V. "Major fiber release episode" means any uncontrolled or unintentional disturbance of friable asbestos containing building materials (ACBM), resulting in a visible emission, which involves the falling or dislodging of more than 3 square or linear feet of ACBM.W. "Management Plan" means a plan for abatement of ACM.X. "Management Planner" means a person employed to develop a management plan.Y. "Minor fiber release episode" means any uncontrolled or unintentional disturbance of ACBM, resulting in a visible emission, which involves the falling or dislodging of 3 square or linear feet or less of friable ACBM.Z. "Model Plan" means the Model Accreditation Plan for States promulgated under Title II of Toxic Substances Control Act (TSCA) (Section I of Appendix C to Title 40, Part 763, Subpart E of the Code of Federal Regulations) which is incorporated herein and adopted by reference except as otherwise noted.AA. "Non-friable" means ACM in or on a school building, public building or commercial building which when dry, may not be crumbled, pulverized, or reduced to powder by hand pressure.BB. "Operations and maintenance program" means a program of work practices to maintain ACM in good condition, ensure cleanup of asbestos fibers previously released, and prevent further release by minimizing and controlling ACM disturbance or damage.CC. "Person" means the State or other agency or institution thereof, any municipality, political subdivision, public or private corporation, individual, partnership, association or other entity, and includes any officer or governing or managing body of any municipality, political subdivision, or public or private corporation, or the United States or any officer or employee thereof.DD. "Project designer" means a person who specifies engineering methods and work practices to be used during asbestos projects.EE. "Public building" means any building owned by the State, counties, municipalities, institutions of higher learning, community colleges or any political subdivision.FF. "Removal" means the taking out or the stripping of ACM from a school building, public building or commercial building.GG. "Repair" means returning damaged ACM to an undamaged condition or to an intact state so as to prevent fiber release.HH. "Residence" means a building other than a school building, public building or commercial building or portion of a commercial building, which is actually owned or leased and simultaneously occupied by one or more individuals as a fixed or permanent place of habitation, including but not limited to and primarily consisting of single family unit houses and apartment buildings having four or fewer dwelling units.II. "Response action" means a method including removal, encapsulation, enclosure, and repair, and operation and maintenance, or some other method which disturbs asbestos containing materials and is intended to protect human health and the environment from friable asbestos-containing materials except for small scale, short duration projects. Includes response to major fiber release episodes as defined in Section I of the Model Plan.JJ. "Responsible official" means:(1) for a corporation, a responsible corporate officer. For the purposes of this section, a responsible corporate officer means: 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, or a duly authorized representative;(2) for a partnership or sole proprietorship: a general partner or the proprietor, respectively; and(3) for any other business entity: the owner or disclosed agent who can legally bind that business entity.KK. "Routine maintenance activities" mean an asbestos project consisting of maintenance activities performed on a scheduled basis or during an emergency situation, where the abatement of ACM is necessary for conducting the scheduled or emergency maintenance activities. Such maintenance activities shall not have as any of its intended purposes the abatement of ACM. Routine maintenance activities can include, but are not limited to, the replacement of gasket materials, removal or replacement of pipes, the rebuilding of valves, or the removal of beams above ceilings.LL. "School" means any elementary or secondary school as defined in Section 198 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 2854).MM. "School building" means: (1) Any structure suitable for use as a classroom, including a school facility such as a laboratory, library, school eating facility, or facility used for the preparation of food.(2) Any gymnasium or other facility which is specially designed for athletic or recreational activities or for an academic course in physical education.(3) Any other facility used for the instruction or housing of students or for the administration of educational or research programs.(4) Any maintenance, storage or utility facility, including any hallway, essential to the operation of any facility described in this definition of "school building" under paragraphs (1), (2) or (3).(5) Any portico or covered exterior hallway or walkway.(6) Any exterior portion of a mechanical system used to condition interior space.NN. "Small-scale, short duration abatement activities" shall have the meaning as set forth in the Model Plan which is incorporated herein and adopted by reference.OO. "Supervisor" means a person designated by a contractor to be responsible for direction of day-to-day activities of an asbestos project.PP. "Worker" means a person who works on an asbestos project other than a project designer, contractor, air monitor, supervisor, inspector or management planner.Miss. Code Ann. §§ 37-138-1, et seq., 49-2-1, et seq. and 49-17-1, et seq.