Tenn. Comp. R. & Regs. 1200-01-20-.01
This Rule states the scope and applicability of these Rules and provides definitions of terms when used in these Rules.
(Note: This exemption includes custodial, maintenance employees and designated persons responsible to ensure that LEAs comply with the AHERA regulations. This exemption from the fee requirements of Rule 1200-01-20-.05 does not extend to persons, even though employed by the LEA, involved with non-LEA asbestos activities.)
(Note: See the Division of Air Pollution Control's Hazardous Air Contaminant Rule 1200-03-11-.02(2)(d) Standard for Demolition and Renovation for applicable asbestos requirements.)
As used in these Rules:
These Rules are organized, numbered, and referenced according to the following outline form:
When used in these Rules, the following terms have the meanings given below unless otherwise specified:
"Accessible surface" means an interior or exterior surface containing asbestos-containing materials where the material is subject to disturbance by building occupants or custodial or maintenance personnel in the course of their normal activities.
"Accredited" or "accreditation" when referring to a person, firm or training provider means that the Commissioner has issued an accreditation certificate pursuant to these Rules to that person, firm or training provider, and when referring to a laboratory means that the laboratory entity is accredited in accordance with Title II of Section 206 of the federal Toxic Substances Control Act.
"Accredited firm" means a firm that engages in asbestos activities, to which the Commissioner has issued an accreditation certificate pursuant to these Rules.
"Accredited inspector" means a person who has successfully completed the required accredited three (3) day asbestos inspector training course required by these Rules and is accredited by the Commissioner. This person is accredited to conduct asbestos inspections to identify all locations of friable and non-friable asbestos-containing building materials, identify the type of asbestos-containing building materials, and determine its classification and the condition of the asbestos-containing building materials material in schools and public and commercial buildings.
"Accredited management planner" means a person who has successfully completed the required three (3) day accredited asbestos inspector and accredited two (2) day management planner training courses required by these Rules and is accredited by the Commissioner.
This person is accredited to conduct asbestos inspections and risk assessments, determine the appropriate response actions, and to prepare an asbestos management plan for use in schools.
"Accredited project designer" means a person who has successfully completed the required three (3) day accredited asbestos project designer training course required by these Rules and is accredited by the Commissioner. This person is accredited to design any of the following activities with respect to friable asbestos-containing building materials in schools and public and commercial buildings: response actions other than a small-scale short duration maintenance activity, maintenance activities that disturb friable asbestos-containing building materials other than a small-scale short duration maintenance activity, or response actions for a major fiber release episode.
"Accredited project monitor" means a person who has successfully completed the required five (5) day accredited project monitor training course required by these Rules and is accredited by the Commissioner. An accredited project monitor observes response actions performed by supervisors and generally serves as a building owner's representative to ensure that abatement work is completed according to the specifications and in compliance with all relevant statutes and regulations. The accredited project monitor performs the vital role of collecting clearance air samples to confirm the completion of a response action involving friable and non-friable asbestos-containing material and asbestos-containing building material.
"Accredited supervisor" means a person who has successfully completed the required five (5) day accredited asbestos supervisor training course required by these Rules and is accredited by the Commissioner. This person is accredited to provide oversight or supervision of asbestos response actions performed in schools and public and commercial buildings. An accredited supervisor includes a person who directly or indirectly supervises, oversees and provides direction to accredited asbestos workers performing response actions. An accredited supervisor may include a person with the position title of foreman, working foreman, or lead man pursuant to the accredited supervisor's company's policy.
"Accredited training course" means an initial or refresher asbestos training course in one of the following disciplines: worker, inspector, management planner, project designer, supervisor, and project monitor that meet the training requirements and have been accredited by the Commissioner pursuant to Rule 1200-01-20-.02.
"Accredited training provider" means a training provider that has been accredited by the Commissioner pursuant to Rule 1200-01-20-.02 to offer one or more accredited training course.
"Accredited worker" means a person who has successfully completed the required four (4) day accredited asbestos worker training course required by these Rules and is accredited by the Commissioner. An accredited worker is responsible in a non-supervisory capacity to carry out the following activities with respect to friable asbestos-containing building material in schools and public and commercial buildings: a response action, other than a small-scale, short duration activity, a maintenance activity that disturbs friable asbestos-containing building material other than a small-scale, short duration activity, or a response action for a major fiber release episode.
"Act" means Tennessee Code Annotated ("T.C.A.") §§ 62-41-101et seq.
"Annually" means a one-year period from the initial or refresher accredited training course completion certificate date or the date on the accreditation certificate issued to a person or firm.
"Asbestos" means the asbestiform varieties of chrysotile (serpentine), crocidolite (riebeckite), amosite (cummingtonite-grunerite), anthophyllite, tremolite, and actinolite.
"Asbestos activities" means providing an accredited initial and/or refresher asbestos training course(s), and/or conducting inspections, response actions, project monitoring, preparing management plans and project designs.
"Asbestos-containing material" or "ACM" means any material or product which contains more than one (1) percent asbestos, when referring to schools and public and commercial buildings.
"Asbestos-containing building material" or "ACBM" means surfacing ACM, thermal system insulation ACM, or miscellaneous ACM that is found in or on interior structural members or other parts of schools and public and commercial buildings.
"Asbestos Hazard Emergency Response Act" or "AHERA" means, for the purpose of these Rules, both the statutory and its associated Environmental Protection Agency regulations that require local educational agencies which operate public and private non-profit elementary and secondary schools to:
"Asbestos School Hazard Abatement Reauthorization Act" or "ASHARA" means the Congressional mandate passed in 1990 to amend the AHERA requirements to extend some of the training and accreditation requirements for persons performing asbestos activities in schools and public and commercial buildings inclusive of, but not limited to: inspections, management plans, project designs, project monitoring, abatement and response actions. For the purpose of these Rules, the term also includes any associated Environmental Protection Agency regulations.
"Building" means any structure having two or more walls and a roof/ceiling, and a floor.
"Business entity" means a partnership, firm, association, corporation, sole proprietorship, or other business concern.
"Clearance air levels" means the collection of air samples in a school using aggressive sampling in accordance with 40 CFR Part 763 Subpart E (Asbestos-Containing Materials in Schools) Appendix A to Subpart E (Interim Transmission Electron Microscopy Analytical Methods - Mandatory and Non-Mandatory - and Mandatory Section to Determine Completion of Response Actions), to determine completion of response actions involving ACBM or materials assumed to be ACBM, other than small-scale, short-duration repairs, samples shall be analyzed for asbestos using one of the following determinations:
"Clearance air sampling" means the collection of air samples using aggressive air sampling performed by an accredited project monitor to confirm the completion of a response action involving ACBM or materials assumed to be ACBM, conducted prior to the re-occupancy in a school of the contained work area for the purpose of protecting the public from the health hazards associated with exposure to friable ACM, except for projects that are small-scale, short-duration:
"Commissioner" means the Commissioner of the Tennessee Department of Environment and Conservation or the Commissioner's designee.
"Completion of response actions" means conducting the following actions at the conclusion of any action to remove, encapsulate, or enclose ACBM or material assumed to be ACBM in a school, and shall be conducted by an accredited project monitor:
"Contained work area" means designated rooms, spaces, or other areas where response actions are being performed, including decontamination area(s). The contained work area is separated from the uncontaminated environment by polyethylene sheeting or other materials used in conjunction with the existing floors, ceiling, and walls of the structure and/or building.
"Continuous" and "continually current" means, with respect to training, the applicable refresher course(s) has/have been successfully completed annually since the successful completion of the initial training course in the appropriate discipline.
"Contract for the performance of an asbestos project" means an agreement, either oral or written, which is for the purpose of the performance, in whole or in part, for an asbestos activity for valuable consideration.
"Course agenda" means an outline of the key topics to be covered during an accredited asbestos training course in the appropriate discipline, which shall include the time allotted to teach each topic, hands-on training and assessment, and the name(s) of the instructor(s).
"Course completion certificate" means training course certificate issued to a student that successfully completes the requirements outlined in paragraph (4) of Rule 1200-01-20-.02 for a specific discipline and passes the course examination with a grade of 70% or greater.
"Course student roster" means a list of names of every person who attended the course, whether they completed, passed or failed the accredited training course.
"Course test blue print" means a written document identifying the proportion of the course test questions devoted to each major topic in the course curriculum.
"Current [initial or refresher] accredited asbestos training course completion certificate" means a certificate that is within nine months of its date of issuance. If the accredited asbestos training course completion certificate submitted with a person's application is within three (3) months of its expiration date, the person will be required to complete the appropriate Commissioner accredited asbestos refresher training course(s) and obtain a current accredited asbestos training course completion certificate in order to complete the application process.
"Department" means the Tennessee Department of Environment and Conservation.
"Discipline" means one of the specific types or categories of asbestos activities identified in these Rules for which individuals may receive training from accredited training providers and become accredited by the Commissioner. Accredited asbestos "disciplines" are: worker, supervisor, inspector, management planner, project designer and project monitor.
"EPA" means the United States Environmental Protection Agency.
"Employee" means a person who is employed by a business, local education agency, or an asbestos firm.
"Encapsulation" means the treatment of asbestos-containing building material with a material that coats, binds, surrounds or embeds asbestos fibers in an adhesive to prevent release of asbestos fibers, as the encapsulant creates a membrane over the surface (bridging encapsulant) or penetrates the material and binds its components together (penetrating encapsulant).
"Enclosure" means an airtight, impermeable, permanent barrier around asbestos-containing building material to prevent the release of asbestos fibers into the air.
"Firm" means a company, corporation, partnership, commercial enterprise, business entity, contractors, consultants, commission, state agency, county governmental body, municipality, party, association, staffing service or any private or public legal entity; any Indian tribe; any interstate body; and any departmental agency, or instrumentality of the federal government, or two or more persons which carries on business.
"Friable asbestos-containing material" means any material containing more than one (1) percent asbestos which has been applied on ceilings, walls, structural members, piping, duct work, or any other part of a building which, when dry, may be crumbled, pulverized, or reduced to a powder by hand pressure. The term includes non-friable asbestos-containing material after such previously non-friable 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" means any friable asbestos-containing material that is in or on interior structural members or other parts of a school or public and commercial building.
"Functional space" means 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), cafeteria, gymnasium and hallway(s), that is designated by a person accredited to prepare management plans, design abatement projects, or conduct response actions.
"Guest Instructor" means a person designated by the accredited training program manager to provide instruction specific to the lecture, hands-on training exercises, or work practice components of a course and who has received approval from the Commissioner in accordance with Rule 1200-01-20-.02.
"Hands-on training assessment" means an evaluation that tests the student's ability to satisfactorily perform the work practices and procedures taught in an accredited asbestos training course in the appropriate discipline identified in these Rules.
"Hands-on training exercise" means an activity that requires the student to practice performing a work task or procedure.
(Note: An exercise or activity in which the instructor shows a student how to perform a task without requiring the student to actually perform the task is a demonstration and not a hands-on exercise.) "Homogeneous area" means an area of surfacing material, thermal system insulation material, or miscellaneous material that is uniform in color and texture.
"Inspection" means an activity undertaken in a school building or a public and commercial building to determine the presence, location, or assess condition of friable or non-friable asbestos-containing building material or suspected asbestos-containing building material, whether by visual or physical examination, or by collecting samples of such material. This term includes re-inspections of friable or non-friable known or assumed asbestos-containing building material, which has been previously identified by an accredited inspector. The term does not include the following:
"Learning objective" means the knowledge, skills, abilities, and behaviors a student is expected to obtain from a given instructional activity.
"Local Education Agency" or "LEA" means:
"Major fiber release episode" means any uncontrolled or unintentional disturbance of ACBM, resulting in a visible emission, which involves the falling or dislodging of more than three (3) square or linear feet of friable asbestos-containing building material.
"Management Plan" means a document required by EPA to be developed by local education agencies as set forth in 40 CFR Part 763 Subpart E Asbestos-Containing Materials in Schools that shall be developed by an accredited management planner.
"MAP" means the model accreditation plan curriculum which is the asbestos training curriculum that meets the requirements of these Rules.
"Minor fiber release episode" means any uncontrolled or unintentional disturbance of ACBM, resulting in a visible emission, which involves the falling or dislodging of three (3) square or linear feet or less of friable asbestos-containing building material.
"Miscellaneous material" means interior building material on structural components, structural members, or fixtures, such as floor and ceiling tiles, and does not include surfacing material or thermal system insulation material.
"NESHAP" means the National Emission Standard Hazardous Air Pollutants, where the standards for asbestos are contained in 40 CFR 61.140 through 61.157.
"Nonfriable asbestos material" means an asbestos-containing material used in a school or public and commercial building which, when dry, may not be crumbled, pulverized, or reduced to a powder by hand pressure.
"Operation and maintenance program" or "O&M program" means a program of work practices to maintain friable asbestos-containing building material in good condition, ensure clean-up of asbestos fibers previously released, and prevent further release by minimizing and controlling friable asbestos-containing building material disturbance or damage.
"Oversight" means to directly observe an asbestos activity or response action for the purpose of determining compliance with contractual, performance or regulatory standards.
"Person" means an individual, a living human being.
"Principal instructor" means the person who has the primary responsibility for organizing and teaching an accredited asbestos training course and has received approval from the Commissioner in accordance with Rule 1200-01-20-.02.
"Public and commercial building" means the interior space of any building which is not a school building, except that the term does not include any residential apartment building of fewer than 10 units or detached single-family homes. The term includes, but is not limited to: industrial and office buildings, residential apartment buildings and condominiums of 10 or more dwelling units, government-owned buildings, colleges, museums, airports, hospitals, churches, preschools, stores, warehouses, and factories. Interior space includes exterior hallways connecting buildings, porticos, and mechanical systems used to condition interior space.
"Removal" means the taking out or the stripping of substantially all asbestos-containing building material from a damaged area, a functional space, or a homogeneous area in a school or public and commercial building.
"Repair" means returning damaged asbestos-containing building material to an undamaged condition or to an intact state so as to prevent a fiber release.
"Response action" means a method, including removal, encapsulation, enclosure, repair, and operations, and maintenance, that protects human health and the environment from friable asbestos-containing building material.
"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).
"School building" means:
"State-of-the-art work practices" means the use of proper work practices for asbestos abatement activities, including: descriptions of proper construction and maintenance of barriers and decontamination enclosure systems; positioning of warning signs; lock-out of electrical and ventilation systems; proper working techniques for minimizing fiber release; use of wet methods; use of negative pressure exhaust ventilation equipment; use of high- efficiency particulate air ("HEPA") vacuums; and proper clean-up and disposal procedures. The term also means: proper work practices for: removal, encapsulation, enclosure, and repair of asbestos-containing material; emergency procedures for unplanned releases; potential exposure situations; transport and disposal procedures; and recommended and prohibited work practices. New abatement-related techniques and methodologies may be used.
"Surfacing material" means material in a school or public and commercial 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" means material in a school or a public and commercial building applied to pipes, fittings, boilers, breeching, tanks, ducts, or other interior components to prevent heat loss or gain, or water condensation, or for other purposes.
"Training curriculum" means a course that meets or exceeds the established set of course topics set forth in paragraph (4) of Rule 1200-01-20-.02 for a particular discipline to provide asbestos specialized instructions and hands-on training.
"Training hour" means at least fifty (50) minutes of actual instruction, including, but not limited to: time devoted to lecture, learning objectives, small group activities, demonstrations, evaluations, hands-on training exercises, or any combination of lecture, activity, demonstration, evaluation, or hands-on training exercise. Training hours do not include registration, breaks and meals.
"Training Manager" means the individual who has received the Commissioner's approval and is responsible for administering the accredited training program and for monitoring the performance of principal and guest instructors to ensure the training provider's compliance with the requirements of Rule 1200-01-20-.02.
"Training Provider" means the person or firm who is applying for or who has received accreditation from the Commissioner to conduct asbestos training in Tennessee, and who is responsible to comply with the applicable requirements of these Rules.
"TSCA" means the Toxic Substances Control Act, 15 U.S.C. § 2601, et seq.
"Visible emission" means any emission which is visually detected without the aid of instruments and which contains particulates of asbestos material.
Tenn. Comp. R. & Regs. 1200-01-20-.01
Authority: T.C.A. §§ 62-41-101et seq. and § 11-1-101.