Or. Admin. Code § 340-248-0010

Current through Register Vol. 63, No. 10, October 1, 2024

Section 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;

(b) Waste generated by a source subject to OAR 340-248-0205 through 340-248-0280;

(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.

Or. Admin. Code § 340-248-0010

DEQ 10-1988, f. & cert ef. 5-19-88 (and corrected 6-3-88); DEQ 4-1990, f. & cert. ef. 2-7-90 (and corrected 5-21-90); DEQ 18-1991, f. & cert. ef. 10-7-91; DEQ 4-1993, f. & cert. ef. 3-10-93; DEQ 15-1995, f. 6-16-95, cert. ef. 7-1-95; DEQ 96, f. 9-2-75, ef. 9-25-75; DEQ 22-1982, f. & ef. 10-21-82; DEQ 9-1988, f. 5-19-88, cert. ef. 6-1-88 (and corrected 6-3-88); DEQ 4-1990, f. & cert. ef. 2-7-90 (and corrected 5-21-90 & 7-8-91); DEQ 18-1991, f. & cert. ef. 10-7-91; DEQ 4-1993, f. & cert. ef. 3-10-93; DEQ 18-1993, f. & cert. ef. 11-4-93; Renumbered from 340-025-0455; DEQ 20-1993(Temp), f. & cert. ef. 11-4-93; DEQ 15-1995, f. & cert. ef. 6-16-95; DEQ 22-1995, f. & cert. ef. 10-6-95 ]; DEQ 14-1999, f. & cert. ef. 10-14-99, Renumbered from 340-033-0020, 340-032-5590; DEQ 1-2002, f. & cert. ef. 2-4-02; DEQ 19-2002(Temp), f. & cert. ef. 12-23-02 thru 6-21-03; DEQ 9-2003, f. 5-21-03, cert. ef. 6-21-03; DEQ 195-2018, amend filed 11/15/2018, effective 11/15/2018

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