SECTION .0600 ‑ ASBESTOS HAZARD MANAGEMENT PROGRAM

 

10A NCAC 41C .0601       GENERAL

(a)  The definitions contained in G.S. 130A‑444 and the following definitions shall apply throughout this Section:

(1)           "Abatement Designer" means a person who is directly responsible for planning all phases of an asbestos abatement design from abatement site preparation through complete disassembly of all abatement area barriers.  In addition to meeting the accreditation requirements of Rule .0602(c)(5) of this Section, the abatement designer may be subject to the licensure requirements for a Registered Architect as defined in G.S. 83A or a Professional Engineer as defined in G.S. 89C.

(2)           "Abatement Project Monitoring Plan" means a written project‑specific plan for conducting visual inspections and ambient and clearance air sampling.

(3)           "Air Monitor" means a person who implements the abatement project monitoring plan, collects ambient and clearance air samples, performs visual inspections, or monitors and evaluates asbestos abatement projects.

(4)           "Asbestos Abatement Design" means a written or graphic plan prepared by an accredited abatement designer specifying how an asbestos abatement project will be performed, and includes, but is not limited to, scope of work and technical specifications.  The asbestos abatement designer's signature and accreditation number shall be on all such abatement designs.

(5)           "Completion Date" means the date on which all activities on a permitted asbestos removal requiring the use of accredited workers and supervisors are complete, including the complete disassembly of all removal area barriers.

(6)           "Emergency Renovation Operation" as defined in 40 CFR Part 61.141 as adopted in Rule .0609 of this Section.

(7)           "Inspector" means a person who examines buildings or structures for the presence of asbestos containing materials, collects bulk samples or conducts physical assessments of the asbestos containing materials. A person whose asbestos inspection activities are limited to roofing products is not considered an inspector under this definition if the person is accredited as a roofing supervisor under this Section.

(8)           "Installation" means any building or structure or group of buildings or structures at a single site under the control of the same owner or operator.

(9)           "Management Planner" means a person who interprets inspection reports, conducts hazard assessments of asbestos containing materials or prepares written management plans.

(10)         "Nonscheduled Asbestos Removal" means an asbestos removal required by the routine failure of equipment, which is expected to occur within a given period based on past operating experience, but for which an exact date cannot be predicted.

(11)         "Program" means the Health Hazards Control Branch within the Division of Public Health.

(12)         "Public Area" means as defined in G.S. 130A‑444(7).  Any area to which access by the general public is usually prohibited, or is usually limited to access by escort only, shall not constitute a "public area."

(13)         "Regulated Asbestos Containing Material" as defined in 40 CFR Part 61.141 as adopted in Rule .0609 of this Section.

(14)         "Start Date" means the date on which activities on a permitted asbestos removal project requiring the use of accredited workers and supervisors begin, including removal area isolation and preparation or any other activity which may disturb asbestos containing materials.

(15)         "Supervising Air Monitor" means a person who prepares a written abatement project monitoring plan and implements the plan or ensures that the plan is implemented by an air monitor working under his supervision.  The supervising air monitor directs, coordinates and approves all activities of air monitors working under his supervision.  The supervising air monitor may also perform the duties of an air monitor.

(16)         "Supervisor" means a person who is a "competent person" as defined in 29 CFR 1926.1101(b) and adopted by 13 NCAC 07F .0201 and amendments or recodifications as adopted by the North Carolina Department of Labor, and who is an "on‑site representative" as defined in 40 CFR Part 61.145(c)(8) as adopted in Rule .0609 of this Section, and who performs the duties specified therein.

(17)         "Under the direct supervision" means working under the immediate guidance of an accredited individual who is responsible for all activities performed.

(18)         "Worker" means a person who performs asbestos abatement under the direct supervision of an accredited supervisor.

(19)         "Working day" means Monday through Friday.  Holidays falling on any of these days are included in the definition.

(20)         "Class II Asbestos Work" means as defined in 29 CFR 1926.1101(b) which is incorporated by reference in Paragraph (c) of this Rule.

(21)         "Roofing Worker" means a person whose duties regarding asbestos are limited to Class II asbestos work involving the removal of roofing products that are classified as regulated asbestos containing material.

(22)         "Roofing Supervisor" means a supervisor as defined in Subparagraph (a)(16) of this Rule, whose duties regarding asbestos are limited to Class II asbestos work involving only roofing products that are classified as regulated asbestos containing material.  This person may also perform asbestos roofing inspection activities which are limited to roofing products, including the collection of bulk samples.

(23)         "Roofing Products" means bituminous built-up roofing systems, roofing membranes, asphalt shingles, cement shingles, roofing cements, mastics, coatings, panels, light weight roofing concrete, and flashings.

(b)  Asbestos management activities conducted pursuant to this Section shall comply with "AHERA" as defined in G.S. 130A‑444(1) and 40 CFR Part 763, Subpart E and Appendices, as applicable.  40 CFR Part 763, Subpart E is hereby incorporated by reference, including any subsequent amendments and editions.  This document is available for inspection at the Division of Public Health, 1915 Mail Service Center, Raleigh, North Carolina 27699-1915.  Copies may be obtained from the Government Printing Office by writing to the Superintendent of Documents, Government Printing Office, PO Box 371954, Pittsburgh, PA 15250‑7954, at a cost of twenty‑six dollars ($26.00).

(c)  29 CFR 1926.1101 is hereby incorporated by reference, including any subsequent amendments and editions.  This document is available for inspection at the Division of Public Health, 1915 Mail Service Center, Raleigh, North Carolina 27699-1915.  Copies may be obtained from the Government Printing Office by writing to the Superintendent of Documents, Government Printing Office, PO Box 371954, Pittsburgh, PA 15250-7954, at a cost of twenty-six dollars ($26.00).

 

History Note:        Temporary Amendment Eff. November 8, 1994 for a period of 180 days or until the permanent rule becomes effective, whichever is sooner;

Temporary Amendment Eff. November 1, 1989 for a period of 180 days to expire on April 30, 1990;

Temporary Rule Eff. October 28, 1988 for a period of 180 days to expire on April 26, 1989;

Authority G.S. 130A‑5(3); 130A‑451; P.L. 99‑519;

Eff. March 1, 1989;

Amended Eff. July 1, 1996; January 1, 1995; October 1, 1994; August 1, 1991; February 1, 1990.