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17.74.352    DEFINITIONS

For purposes of this subchapter, the following definitions apply:

(1) "Amended water" means water to which surfactant (wetting agent) has been added to increase the ability of the liquid to penetrate ACM.

(2) "Annual base amount" means the amount of regulated asbestos-containing material, up to 25,000 square, 25,000 linear, or 25,000 cubic feet or any combination thereof, that an annual asbestos project permit holder may disturb or remove under an annual asbestos project permit during the year the annual permit is in effect.

(3) "Approved asbestos disposal facility" means a licensed Class II or Class IV landfill as described in ARM 17.50.504.

(4) "Asbestos-containing material (ACM)" means any material containing more than one percent asbestos.

(5) "Asbestos-containing waste" has the meaning given for "asbestos-containing waste materials" in 40 CFR 61.141.

(6) "Asbestos inspector" means any person who inspects a facility for the presence of asbestos-containing material.

(7) "Asbestos management planner" means any person who develops plans for the management of asbestos-containing material.

(8) "Asbestos project" has the meaning given in 75-2-502(3), MCA. "Pipe," as the term is used in this definition and 75-2-502(3), MCA, includes any coating or wrap made of regulated asbestos-containing material that partially or wholly covers the inner or outer surface of the pipe.

(9) "Asbestos project contractor" means any person who contracts to perform an asbestos project for another person.

(10) "Asbestos project contractor/supervisor" means any person who supervises asbestos projects and the personnel who conduct asbestos projects.

(11) "Asbestos project designer" means a person who develops the plans, specifications, and/or designs for an asbestos project.

(12) "Asbestos project worker" means any person other than those listed in (6) and (8) through (10) who is engaged in an asbestos project, and who encapsulates, encloses, removes, repairs, renovates, places in new construction, or demolishes asbestos, or transports or disposes of asbestos-containing wastes.

(13) "Asbestos-related occupation" has the meaning given in 75-2-502(4), MCA.

(14) "Asbestos unit measurement (AUM)" means each unit of asbestos-containing material that may be disturbed or removed either in square, linear, or cubic feet or any combination thereof. The unit of measure (square, linear, or cubic feet) will be selected, for AUM calculation purposes, based on the configuration of the material, pre-abatement, as described in the asbestos inspection report, or executed contract document.

(15) "Background level" means:

(a) the concentration of asbestos in a comparable environmental setting at or near an asbestos project site; or

(b) the concentration of asbestos that provides a defensible reference point to evaluate whether or not a release at the asbestos project site has occurred.

(16) "Building or other structure" as used in the definition of "asbestos project" in 75-2-502, MCA, has the meaning given for "facility" in 40 CFR 61.141.

(17) "Cubic foot" means a unit of volume for three-dimensional materials, such as insulation, equal to one foot in length, width, and height. This measurement may only be used when the depth of the material exceeds three inches or cannot be otherwise calculated.

(18) "Demolition" has the meaning given in 40 CFR 61.141.

(19) "Department", as defined in 75-2-502(5), MCA, means the Department of Environmental Quality, provided for in 2-15-3501, MCA.

(20) "Emergency renovation operation" has the meaning given in 40 CFR 61.141.

(21) "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). This definition does not include the repainting of a previously painted and undamaged ACM surface primarily to improve the appearance of the surface.

(22) "Enclosure" means an airtight, impermeable, permanent barrier around ACM to prevent the release of asbestos fibers into the air.

(23) "Engaged in an asbestos-related occupation" means:

(a) conducting an asbestos inspection pursuant to ARM 17.74.354;

(b) creating a project design pursuant to ARM 17.74.355; or

(c) engaged in any activity for which an asbestos project permit is required under this subchapter.

(24) "Facility" has the meaning given in 40 CFR 61.141.

(25) "Friable" means able to be crumbled, pulverized, or reduced to powder by hand pressure when dry.

(26) "Glove bag" has the meaning given in 40 CFR 61.141.

(27) "Homogenous materials" means materials that are uniform in color, texture, and age.

(28) "Inspection" means an activity undertaken in a facility to determine the presence or location, or to assess the condition, of ACM or suspected ACM, whether by visual or physical examination, or by collecting samples of the material. This term includes reinspections of known or assumed ACM which has been previously identified. The term does not include the following:

(a) inspections performed by employees or agents of federal, state, or local government solely to determine compliance with applicable statutes or regulations; or

(b) visual inspections performed solely to determine completion of asbestos projects.

(29) "Layered homogenous materials" means materials in which the elements making up the composition are in the form of layers. This term may only be applied to flooring systems, wallboard systems, or roofing systems.

(30) "Linear foot" means a unit of length equal to one foot and may only be used for pipe measurement.

(31) "Person" has the meaning given in 75-2-502(6), MCA.

(32) "Regulated asbestos-containing material (RACM)" has the meaning given in 40 CFR 61.141.

(33) "Renovation" has the meaning given in 40 CFR 61.141.

(34) "Repair" means returning damaged RACM to an undamaged condition or to an intact state so as to prevent fiber release.

(35) "Square foot" means a unit of area for two-dimensional materials, such as flooring, equal to the area of a square that is one foot in length and width.

(36) "Structural member" has the meaning given in 40 CFR 61.141.

(37) "Surfacing material" means material 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 applied to surfaces for acoustical, fireproofing, or other purposes.

(38) "Thoroughly inspect" means to conduct a facility demolition-specific or renovation-specific asbestos inspection, pursuant to ARM 17.74.354, for the purposes of:

(a) identifying all ACM that potentially may be impacted by the subsequent renovation or demolition; and

(b) determining which requirements of this subchapter, and the Asbestos Control Act codified at Title 75, chapter 2, part 5, MCA, apply to the proposed demolition or renovation activity.


History: 75-2-503, MCA; IMP, 75-2-503, MCA; NEW, 2006 MAR p. 1574, Eff. 6/23/06; AMD, 2006 MAR p. 2962, Eff. 12/8/06; AMD, 2011 MAR p. 2264, Eff. 10/28/11; AMD, 2020 MAR p. 1325, Eff. 6/27/20.

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