S.D. Admin. R. 74:31:01:01

Current through Register Vol. 51, page 54, October 28, 2024

Section 74:31:01:01 - Definitions

Terms used in this article mean:

(1) "Abatement project designer," a person who develops the plans for an asbestos abatement project;

(2) "Asbestos," the asbestiform varieties of serpentine (chrysotile), riebeckite (crocidolite), cummungtonite-grunerite (amosite), anthophyllite, actinolite, and tremolite;

(3) "Asbestos abatement contractor," a person who contracts to perform an asbestos abatement project;

(4) "Asbestos abatement project," any demolition, renovation, repair, construction, or maintenance activity of any public or private facility that involves the repair, enclosure, encapsulation, removal, salvage, handling, or disposal of friable asbestos-containing material with the potential of releasing asbestos fibers into the air or environment;

(5) "Asbestos abatement supervisor," a person who provides supervision and direction to workers engaged in an asbestos abatement project, including individuals with the position title of foreman, working foreman, or leadman pursuant to collective bargaining agreements;

(6) "Asbestos abatement worker," an employee or agent of a contractor or a facility owner or operator who is engaged in the abatement of asbestos or who performs a task involving more than small-scale, short-duration activities;

(7) "Asbestos-containing material," "ACM," material containing more than one percent asbestos by area;

(8) "Asbestos contractor," a person who undertakes an asbestos project, including making inspections for asbestos-containing materials, preparing an asbestos management plan, or designing or carrying out an asbestos project;

(9) "Asbestos Hazard Emergency Response Act of 1986," "AHERA," title II of the Toxic Substances Control Act as in existence on July 1, 1994;

(10) "Category I nonfriable asbestos-containing material (ACM)," asbestos-containing packings, gaskets, resilient floor covering, and asphalt roofing products containing more than one percent asbestos as determined using the method specified in Appendix A, Subpart F, 40 C.F.R. Part 763, Section 1, Polarized Light Microscopy (July 1, 1993);

(11) "Category II nonfriable ACM," any material, excluding Category I nonfriable ACM, containing more than one percent asbestos as determined using the methods specified in Appendix A, Subpart F, 40 C.F.R. Part 763, Section 1, Polarized Light Microscopy (July 1, 1993), that, when dry, cannot be crumbled, pulverized, or reduced to powder by hand pressure;

(12) "Certificate," a document issued by the department to an individual who has shown proof of successful completion of the required training course or courses;

(13) "Day of training," a day of training which equals eight hours including breaks and lunch;

(14) "Decision tree," a methodical procedure for assessing existing or potential hazards posed by asbestos-containing materials;

(15) "Department," the South Dakota Department of Environment and Natural resources;

(16) "Diploma," a document verifying the successful completion of a particular training course;

(17) "EPA," the United States Environmental Protection Agency;

(18) "Facility," transferred to § 74:31:01:01.01;

(19) "HEPA," a high-efficiency particulate air filter; a filter capable of trapping and retaining at least 99.97 percent of all monodispersed particles of 0.3 micrometers in diameter or larger;

(20) "HVAC," heat, ventilation, and air conditioning;

(21) "Inspector," a person who performs inspections as defined in § 74:31:01:01.04;

(22) Management planner," a person who develops facility plans for the management of asbestos-containing materials in accordance with AHERA;

(23) "Nonfriable asbestos-containing material," any material containing more than one percent asbestos as determined using the method specified in Appendix A, Subpart F, 40 C.F.R. Part 763, Section 1, Polarized Light Microscopy (July 1, 1993), that, when dry, cannot be crumbled, pulverized, or reduced to powder by hand pressure;

(24) "O&M," operations and maintenance;

(25) "OSHA," the Occupational Safety and Health Administration of the United States Department of Labor;

(26) "Person," an individual, corporation, partnership, firm, association, trust, estate, public or private institution, group, agency, political subdivision or state agency or any legal successor, representative, agent, or agency of the entities listed in this subdivision;

(27) "Small-scale, short-duration activities (SSSD)," transferred to § 74:31:01:01.07.

S.D. Admin. R. 74:31:01:01

14 SDR 164, effective 6/5/1988; 18 SDR 95, effective 12/2/1991; 21 SDR 101, effective 12/4/1994.

General Authority: SDCL 34-44-3, 34-44-4, 34-44-19.

Law Implemented: SDCL 34-44-3, 34-44-4, 34-44-19.