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17.74.352    DEFINITIONS

For purposes of this subchapter, the following definitions apply:

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

(2) "Asbestos-containing material (ACM)" means any material containing more than 1% asbestos.

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

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

(5) "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.

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

(7) "Asbestos project contractor/supervisor" means a person who provides supervision and/or direction to asbestos workers engaged in an asbestos project.

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

(9) "Asbestos project worker" means any person other than those listed in (4) and (6) through (8) who is engaged in an asbestos project.

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

(11) "Category I non-friable ACM" has the meaning given in 40 CFR 61.141.

(12) "Category II non-friable ACM" has the meaning given in 40 CFR 61.141.

(13) "Clean room" means an uncontaminated room having facilities for the storage of employees' street clothing and uncontaminated materials and equipment.

(14) "Containment area" means a negative-pressure asbestos project work area and decontamination unit that is configured to isolate asbestos project activities from areas that are to remain uncontaminated.

(15) "Critical barrier" means one or more layers of plastic sealed over all openings into a work area or any other similarly placed physical barrier sufficient to prevent airborne asbestos in a work area from migrating to an adjacent area.

(16) "Decontamination area" means an enclosed area adjacent and connected to the regulated area and consisting of an equipment room, shower area, and clean room, which is used for the decontamination of workers, materials, and equipment that are contaminated with asbestos.

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

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

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

(20) "Encapsulation" means the treatment of regulated asbestos-containing material (RACM) 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, undamaged, non-friable RACM surface primarily to improve the appearance of the surface.

(21) "Enclosure" has the meaning given in 40 CFR 763.83.

(22) "Equipment room (change room)" means a contaminated room located within the decontamination area that is supplied with impermeable bags or containers for the disposal of contaminated protective clothing and equipment.

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

(24) "Friable asbestos-containing material" or "friable ACM" means any ACM that when dry may be crumbled, pulverized, or reduced to powder by hand pressure.

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

(26) "Inspection" means an activity undertaken in a facility to determine the presence or location, or to assess the condition, of friable or non-friable RACM or suspected RACM, whether by visual or physical examination, or by collecting samples of the material. This term includes reinspections of friable and/or non-friable known or assumed RACM 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 response actions.

(27) "Local education agency" or "LEA" has the meaning given in 40 CFR 763.83.

(28) "Non-friable asbestos-containing material (non-friable ACM)" has the meaning given in 40 CFR 61.141.

(29) "Nonoccupational setting" means an environment in which the occupants are not handling, working with, or exposed to asbestos resulting from an asbestos project.

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

(31) "Regulated area" means an area established by an asbestos contractor or building owner to demarcate areas in which an asbestos project is being conducted, and any adjoining area where debris and waste from such asbestos work accumulate.

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

(33) "Renovation" means altering (including modifying and/or remodeling) a facility or any of its components in any way, including the stripping or removal of RACM from a facility component. Operations in which load-supporting structural members are wrecked or taken out are demolitions.

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

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

(36) "Visible emissions" has the meaning given in 40 CFR 61.141.

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.

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