ASBESTOS MANAGEMENT AND CONTROL
In this chapter:
I. "Asbestos" means amosite, chrysotile, crocidolite, or asbestiform tremolite, actinolite, or anthophyllite.
II. "Asbestos abatement" means any of the following activities:
(a) The wrecking or removal of any load-supporting structural member containing or covered by RACM, as defined in paragraph VII;
(b) The encapsulation, coating, binding, or resurfacing of structural members, walls, ceilings, or other building surfaces, or ducts, pipes, boilers, tanks, reactors, furnaces, or other vessels containing RACM for the purpose of minimizing the potential for fiber release;
(c) The construction of airtight enclosures by the use of impact resistant materials to isolate surfaces coated or containing RACM;
(d) The removal or stripping of RACM from structural members, walls, ceilings, or other building surfaces, or ducts, pipes, boilers, tanks, reactors, furnaces, or other vessels; and
(e) The repair of RACM to minimize the likelihood of fiber release from damaged areas. Repair may include, but shall not be limited to, application of duct tape, rewettable glass cloth, canvas, cement, or other suitable materials to seal exposed areas where asbestos fibers may be released, or repair of damaged, previously encapsulated, RACM with non-asbestos substitutes; and re-encapsulation or repair of enclosures around RACM.
III. "Asbestos disposal site" means land where asbestos waste exists, either in or on the ground, due to dumping activities which ceased by July 10, 1981. The term includes inactive disposal sites as defined by 40 CFR 61.141. The term does not include any disposal site which is subject to the permitting requirements of RSA 149-M.
III-a. "Commissioner" means the commissioner of the department of environmental services.
IV. "Contractor" means any partnership, firm, association, corporation, or sole proprietorship which engages in asbestos abatement activities and/or activities involving the disturbance of asbestos at asbestos disposal sites.
V. "Department" means the department of environmental services.
VI. "Friable asbestos material" means any material that contains more than one percent of asbestos by weight, area, or volume and that can be crumbled, pulverized, or reduced to powder when dry by hand pressure.
VII. "Regulated asbestos-containing material" or "RACM" means:
(a) Friable asbestos-containing material;
(b) Category I non-friable asbestos-containing material, as defined by 40 CFR 61.141, that has become friable;
(c) Category I non-friable asbestos-containing material, as defined by 40 CFR 61.141, that will be or has been subjected to sanding, grinding, sawing, or abrading; or
(d) Category II non-friable asbestos-containing material, as defined by 40 CFR 61.141, that will likely become or has become crumbled, pulverized, or reduced to powder by the forces expected to act on the material in the course of demolition or renovation operations.
VIII. "School asbestos abatement planning" means any of the following activities:
(a) The inspection of school buildings for asbestos-containing materials;
(b) The preparation of plans for asbestos abatement in schools, pursuant to P.L. 99-519; or
(c) The design of asbestos abatement projects for school buildings.
IX. "Structural member" means any beam, ceiling, floor, or wall.
Source. 2000, 275:1. 2005, 249:3, 4, eff. Sept. 12, 2005.