Section 159.04. Definitions.

  In this chapter:

(1)  "Accreditation" means approval by the department of a training course for a specific discipline based on its compliance with subch. IV .

(2)  "AHERA" means 40 CFR 763 , Subpart E, the asbestos-containing materials in schools rule promulgated by EPA under the authority of 15 USC 2643 , the asbestos hazard emergency response act of 1986 as amended by the asbestos school hazard abatement reauthorization act of 1990.

(3)  "Asbestos" means chrysotile, crocidolite, amosite, fibrous tremolite, fibrous actinolite or fibrous anthophyllite.

(4)  "Asbestos abatement activity" means any activity that disturbs asbestos-containing material, including but not limited to, the repair, enclosure, encapsulation, or removal of asbestos-containing material and the repair, operation, service, maintenance, renovation or demolition of any part of a facility where asbestos-containing material or suspect asbestos-containing material is present, including all associated set up of work-site containment, clean-up and loading-out of asbestos-containing material for disposal and any air sampling or air monitoring conducted before, during or after the activity to determine that the containment or regulated area is intact or that clean-up is complete and the containment or regulated area can be disassembled.

(5)  "Asbestos company" means a person that performs, supervises, or offers to perform or supervise a regulated asbestos activity. "Asbestos company" includes an exterior asbestos company.

(6)  "Asbestos-containing material" or "ACM" means a material or product that contains more than 1% of asbestos, as determined using the method specified in 40 CFR Part 763 , Appendix E to Subpart E, Section I, "Polarized Light Microscopy," and a material meeting the definition of suspect asbestos-containing material.

(7)  "Asbestos inspection" means any activities undertaken to specifically determine the presence or location or assess the condition of asbestos-containing material or suspect asbestos-containing material, by visual or physical examination or by collecting a sample or samples of the materials. "Asbestos inspection" includes re-inspection of known or suspect asbestos-containing material that has been previously identified. "Asbestos inspection" does not include:

(a) Visual inspections of the type described in 40 CFR 763.90 (i) that are conducted solely to determine the completeness of response actions in schools.

(b) Periodic surveillance of the type described in 40 CFR 763.92 (b) that are conducted solely for recording or reporting a change in the condition of known or suspect asbestos-containing material.

(c) Inspections conducted by employees or agents of federal, state or local government solely for determining compliance with applicable statutes or regulations.

(8)  "Asbestos inspector" means an individual who performs asbestos inspections.

(9)  "Asbestos management activity" means an inspection for asbestos-containing material, including collecting a sample of material, the design of an asbestos abatement activity or school asbestos response action, or the development of an asbestos management plan.

(10)  "Asbestos management plan" means the document that specifies the plan for managing known or suspect asbestos-containing material in or on a facility to protect the occupants and the environment.

(11)  "Asbestos management planner" means an individual who develops written plans to manage asbestos in or on a facility and make recommendations for the best response actions to be taken to manage asbestos-containing material in or on the facility.

(12)  "Asbestos project designer" means an individual who develops written plans and designs for asbestos abatement activities.

(13)  "Asbestos supervisor" means an individual who performs, or oversees or directs the performance of, asbestos abatement activities or conducts air sampling associated with asbestos abatement activities.

(14)  "Asbestos training activity" means offering or providing a training course required for certification under subch. II .

(15)  "Asbestos worker" means an individual who performs asbestos abatement activities.

(16)  "Certification" means authorization by the department to conduct, supervise or offer to conduct or supervise asbestos abatement activities or asbestos management activities as issued to an individual in the form of a photo identification card or to an asbestos company in the form of a certificate.

(17)  "Classroom contact hour" means 60 minutes of instructional activities, not including breaks and lunch.

(18)  "Contingent approval" means an accreditation status that is provisionally granted based on a review of written training course curriculum and other information and materials that describe the training course.

(19)  "Department" means the Wisconsin department of health services.

(20)  "Designated person" means the individual who is authorized to act on behalf of the local education agency regarding asbestos work and who works with the local education agency to ensure compliance with EPA requirements under 40 CFR 763 , Subpart E and with all other federal and state asbestos regulations.

(21)  "Direct supervision" means supervision by a certified asbestos supervisor who is onsite during an asbestos abatement activity and readily available to observe and assist.

(22)  "Disposal bag" means a heavy duty, impervious waste bag or glove bag.

(23)  "DNR" means the Wisconsin department of natural resources.

(24)  "DOT" means the Wisconsin department of transportation.

(25)  "Encapsulation" means the treatment of asbestos-containing material with a product specifically designed to surround or embed asbestos fibers in an adhesive matrix.

(26)  "Enclosure" means an airtight, impermeable, permanent barrier around asbestos-containing material.

(27)  "EPA" means the U.S. environmental protection agency.

(28)  "Exterior asbestos company" means an asbestos company that conducts, supervises or offers to conduct or supervise regulated asbestos activities limited to non-friable asbestos-containing material that remains non-friable, on the exterior, or building envelope, of a facility.

(29)  "Exterior asbestos supervisor" means an individual who performs, or oversees or directs the performance of, asbestos abatement activities involving only non-friable asbestos-containing material that remains non-friable, on the exterior, or building envelope, of a facility.

(30)  "Exterior asbestos worker" means an individual who performs asbestos abatement activities involving only non-friable asbestos-containing material that remains non-friable, on the exterior, or building envelope, of a facility.

(31)  "Facility" means any institutional, commercial, public, industrial or residential structure or building.

(32)  "Friable asbestos-containing material" means asbestos-containing material that, when dry, can be crumbled, pulverized or reduced to powder by hand pressure, including previously non-friable asbestos-containing material when that material is damaged to the extent that when dry it may be crumbled, pulverized or reduced to powder by hand pressure.

(33)  "Full accreditation" means final approval status granted to a training course after an onsite audit of the training course determines that the course is in full compliance with this chapter.

(34)  "Glove bag" means an impervious plastic bag-like enclosure with built-in glove appendages for handling tools and asbestos-containing materials that is meant to be affixed around an asbestos-containing material to provide a barrier between the operator and the enclosed material.

(35)  "Guest instructor" means an individual designated by a training provider to assist the principal instructor with hands-on activities or to teach one or more topical areas under the general supervision of the principal instructor.

(36)  "HEPA" means high efficiency particulate air filtration.

(37)  "Initial certification" means the first certification that the department grants an individual for a specific discipline or a certification the department grants after a lapse in certification of 12 months or more.

(38)  "Local educational agency" or "LEA" means any of the following:

(a) A public board of education or other public authority, institution or agency legally constituted for administrative control or direction of a public school that provides elementary or secondary education, including kindergarten and pre-kindergarten but excluding education provided beyond grade 12.

(b) The owner of a private, nonprofit school that provides elementary or secondary education, including kindergarten and pre-kindergarten but excluding education provided beyond grade 12.

(c) The governing authority of a school operated under the Defense Dependents' Education Act of 1978 under 20 USC 921 et seq.

(39)  "NESHAP" means 40 CFR 61 , the national emission standards for hazardous air pollutants regulation.

(40)  "Operations and maintenance" or "O & M" means the repair, operation, service or maintenance of a building that may result in the disturbance of asbestos-containing material or suspect asbestos-containing material.

(41)  "OSHA" means the U.S. occupational safety and health administration.

(42)  "Person" means an individual or entity, including a sole proprietorship, corporation, limited liability corporation, partnership, association, church, school, college or university, state, local or tribal government agency, political subdivision of a state, interstate body, or department, agency or other instrumentality of the federal government.

(43)  "Planned renovation project" means a renovation or a number of renovations in a facility, during which a number of asbestos abatement activities are planned or expected to occur within a given period of time.

(44)  "Principal instructor" means an individual approved by the department under subch. V to teach and supervise an accredited asbestos training course.

(45)  "Regulated area" means an area where an asbestos abatement activity is conducted, and adjoining areas where debris and waste from the asbestos abatement activity accumulate.

(46)  "Regulated asbestos activity" means an asbestos abatement activity, asbestos management activity, or asbestos training activity for which certification or accreditation is required under this chapter.

(47)  "Removal" means taking out any or all asbestos-containing material or suspect asbestos-containing material in or on a facility or taking out any or all facility components that contain or are covered with asbestos-containing material or suspect asbestos-containing material.

(48)  "School" means an educational institution that provides elementary or secondary instruction, including kindergarten and pre-kindergarten but excluding education provided beyond grade 12.

(49)  "School building" means a building or an area of a building under the control of a local education agency when the building or area is any of the following:

(a) A structure suitable for use as a classroom, including a school facility such as a laboratory, library, school eating facility or a facility used for the preparation of food.

(b) A gymnasium or other facility which is specially designed for athletic or recreational activities for an academic course in physical education.

(c) Any other facility used for the instruction or housing of students, or for the administration of educational or research programs.

(d) A maintenance, storage, or utility facility, including any hallway, essential to the operation of a facility under par. (a) , (b) , or (c) .

(e) A portico or covered exterior hallway or walkway of a facility under par. (a) , (b) , (c) or (d) .

(f) An exterior portion of a mechanical system used to condition interior space of a facility under par. (a) , (b) , (c) or (d) .

(50)  "Suspect asbestos-containing material" means vermiculite insulation, unless a recommended EPA sampling and analysis protocol specific to vermiculite insulation proves that it does not contain asbestos, and any untested material used in or on a building component, except for metal, glass, wood, or fiberglass.

(51)  "Training day" means 6 to 8 hours of classroom contact time, not including breaks and lunch times.

(52)  "Training provider" means a person that owns, provides or offers to provide a training course for which accreditation is required under this chapter.

(53)  "Vermiculite insulation" means vermiculite that has been expanded through a heating process and is used as loose-fill building insulation. It is a "suspect asbestos-containing material" under sub. (50) .

(54)  "Working day" means Monday through Friday and includes holidays that fall on any of the days Monday through Friday. For purposes of accepting notification under subch. III , a working day is deemed to end at 4:00 p.m.

History: CR 08-036 : cr. Register February 2009 No. 638 , eff. 5-1-09.

Note

In Appendix E to Subpart E, 40 CFR Part 763 , Section I, EPA describes the acceptable method of identifying asbestos-containing materials, which uses polarized light microscopy (PLM). If the asbestos content of friable asbestos-containing material is less than 10%, as determined by a method other than point counting by PLM, EPA requires the asbestos content to be verified by point counting using PLM. Microsoft Windows NT 6.1.7601 Service Pack 1 If asbestos work conducted from the exterior of a building penetrates the building envelope then it is no longer exterior asbestos work and may not be performed by an exterior asbestos company, exterior asbestos supervisor or exterior asbestos worker. For work to be considered exterior asbestos work, which may be performed by an exterior asbestos company, the following must be true: 1) the material is non-friable and will remain non-friable throughout the project; 2) the asbestos work is performed only from the outside of the building and on the outside of the building; and 3) no air exchange may occur between the interior and exterior of the building. For window work to be considered exterior work, an impermeable barrier needs to be placed behind the window opening on the interior of the building before work starts to maintain complete separation of interior and exterior spaces. Microsoft Windows NT 6.1.7601 Service Pack 1 NESHAP is administered in this state by DNR under ch. NR 447 on behalf of EPA. Microsoft Windows NT 6.1.7601 Service Pack 1 Vermiculite insulation is assumed to be asbestos-containing material unless proven otherwise in accordance with EPA recommended sampling and analysis protocols specific to vermiculite insulation. As of the publication of this chapter, the EPA has not published official guidance for sampling and testing protocols to test for the presence or absence of asbestos in vermiculite insulation. When recommended protocols are published, vermiculite insulation may be sampled and analyzed using the EPA recommended protocols to determine any asbestos content. Until such time, vermiculite insulation must be assumed to contain asbestos and be treated as an asbestos-containing material under this chapter. Microsoft Windows NT 6.1.7601 Service Pack 1