11 Miss. Code. R. § 2-10.2 Definitions

• Library: Mississippi Administrative Code
• Edition: 2023
• Currency: Current through January 9, 2024
• Citation: 11 Miss. Code. R. § 2-10.2
• Year: 2023

A. "Abatement" means removal, encapsulation, enclosure or repair of or an operations and maintenance program for asbestos-containing materials including responses to major fiber release episodes.

B. "Act" shall mean the Asbestos Abatement Accreditation and Certification Act.

C. "Air monitor" means a person who collects airborne samples for analysis of asbestos fibers during an abatement project including baseline, area and clearance samples.

D. "Asbestos" means the asbestiform varieties of: chrysotile (serpentine); crocidolite (riebeckite); amosite (cummingtonite-grunerite); anthophyllite; tremolite; and actinolite.

E. "Asbestos-containing materials" (ACM) means any material or product which contains more than one percent (1[CENT]) asbestos.

F. "Asbestos project" means a project for the abatement of ACM in school buildings, public buildings or commercial buildings including the abatement of shingles, tiles, or felt containing ACM in the roof or exterior siding of such building except for exclusions adopted by the Commission in accordance with Section 37Powers and duties of commission37-138-9(a) and except for abatement of asbestos-containing resilient floor tile, sheet vinyl flooring and associated adhesives provided there is a two-working-day advance notification to the commission of the abatement of asbestos-containing floor tile, sheet vinyl flooring and associated adhesives, unless sanding, grinding, burning or sawing occurs or such abatement is otherwise considered a "response action" or would cause the material to become "friable" as both those terms are defined under 40 CFR Section 763.83.

G. "Building" means (1) any structure having two or more walls and a roof or ceiling and (2) any other structure that is totally enclosed.

H. "Certificate" means a document issued by the Commission or its designee authorizing an individual to perform certain specific activities related to the identification, evaluation or abatement of ACM in or on school buildings, public buildings and commercial buildings as described in these regulations.

I. "Commercial building" means any privately owned building, including any industrial building, in which the public is invited or allowed access and any other privately owned building so located that the conduct of any asbestos abatement activities therein could reasonably expose any person or persons to ACM hazards, except that a commercial building shall not include any residence.

J. "Commission" means the Mississippi Commission on Environmental Quality.

K. "Continuous" and "continuously current" mean, with respect to training as required herein, that applicable refresher course(s) have been successfully completed annually since the successful completion of the initial training course.

(1) For purposes of this definition, "annually" shall be construed to mean the one-year period from an applicable initial or refresher training completion date and the anniversary of that date or any shorter period.

(2) For purposes of this definition "annually" shall be construed to be greater than a one-year period only if an individual demonstrates to the satisfaction of the Commission that (a) a reasonable effort was made by the individual to complete applicable training within one year, (b) failure to...