Virginia Law

The following words and terms, when used in this chapter, shall have the following meanings, unless the context clearly indicates otherwise:

"Abatement contractor" means the company or individual properly licensed in the Commonwealth of Virginia by the Virginia Department of Professional and Occupational Regulation who conducts asbestos abatement activities such as, but not limited to, removal, encapsulation or enclosure of asbestos-containing materials.

"Accredited" means a person or laboratory holding the credentials in accordance with Section 206 of Title II of AHERA.

"Airborne asbestos fibers" means suspended, settling or moving asbestos fibers or fiber bundles in air.

"Ambient air" means air in an area outside of the asbestos containment area. Areas chosen for air sampling should not be located near access/egress routes for the project, nor should they be located in areas known to contain friable asbestos-containing materials.

"Asbestos" means the asbestiform varieties of chrysotile, crocidolite, amosite, anthophyllite, tremolite and actinolite.

"Asbestos analytical laboratory" means a laboratory accredited by the National Institute of Standards and Technology (NIST) for transmission electron microscopy (TEM) analysis, and licensed by the Virginia Department of Professional and Occupational Regulation to perform phase contrast microscopy (PCM) or TEM on material known or suspected to contain asbestos.

"Asbestos-containing material (ACM)" means the material or product containing more than 1.0% asbestos by weight.

"Asbestos containment area" means an area where an asbestos response action takes place.

"Asbestos debris" means pieces of ACM that can be identified by color, texture, or composition, or particulate matter (i.e., dust) if determined by an accredited inspector to contain more than 1.0% asbestos by volume.

"Encapsulation" means the treatment of ACM 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).

"Enclosure" means an airtight, impermeable, permanent barrier around ACM to prevent the release of asbestos fibers into the air.

"Forty Code of Federal Regulations Part 763, Subpart E (40 CFR Part 763, Subpart E)" and subsequent amendments thereto means the regulations promulgated by the U.S. Environmental Protection Agency in response to the "Asbestos Hazard Emergency Response Act (AHERA)."

"Local education agency (LEA)" means (i) the local education agency as defined in Section 198 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 3381); (ii) the owner of any nonpublic, nonprofit elementary or secondary school building; or (iii) the governing authority of a school operated under the defense dependents' education system provided for under the Defense Dependents' Education Act of 1978 (20 U.S.C. 921 et seq.).

"OSHA" means the federal Occupation Safety and Health Administration.

"Phase Contrast Microscopy (PCM)" means a laboratory analysis method for measuring airborne asbestos fibers (National Institute of Occupational Health and Safety Method 7400).

"Project monitor" means a person who is licensed by the Virginia Department of Professional and Occupational Regulation to observe and monitor the activities of asbestos abatement contractors and roofing, flooring, siding (RFS) contractors on asbestos projects to determine that proper work practices are used and compliance with all federal, state and local laws and regulations is maintained.

"Public colleges and universities" means all state supported institutions of higher education as defined in § 23.1-100 of the Code of Virginia.

"Removal" means the physical removal and disposal of asbestos-containing material.

"Reoccupancy (clearance) level" means.01 or fewer asbestos fibers per cubic centimeter (.01 f/cc) if determined by PCM, or 70 or fewer structures per square millimeter (70 S/mm²) if determined by TEM analysis.

"Response action" means a method, including removal, encapsulation, enclosure, repair, operations and maintenance, to abate asbestos hazards to human health and the environment.

"Roofing, flooring, siding (RFS) contractor's license" means an authorization issued by the Virginia Department of Professional and Occupational Regulation permitting a person to enter into contracts to install, remove or encapsulate asbestos-containing roofing, flooring or siding materials.

"School" means any elementary or secondary school as defined in Section 198 of the Federal Elementary and Secondary Education Act of 1965 (20 U.S.C. 2854).

"School building" means (i) any structure suitable for use as a classroom, including a school facility such as a laboratory, library or school eating facility used for the preparation of food; (ii) a gymnasium or other facility which is specially designed for athletic or recreational activities for an academic course in physical education; (iii) other facilities used for the instruction or housing of students or for the administration of educational or research programs; (iv) a maintenance, storage, or utility facility, including a hallway essential to the operation of any facility described in this definition of "school building"; (v) a portico or covered exterior hallway or walkway; or (vi) an exterior portion of a mechanical system used to condition interior space.

"Small-scale, short duration projects" means renovation and maintenance activities such as, but not limited to:

1. Removal of asbestos-containing insulation on pipes;

2. Removal of small quantities of asbestos-containing insulation on beams or above ceilings;

3. Replacement of an asbestos-containing gasket on a valve;

4. Installation or removal of a small section of drywall

5. Installation of electrical conduits through or proximate to asbestos-containing materials; and

6. As further described in Appendix B to Subpart E of 40 CFR Part 763.

"Transmission Electron Microscopy (TEM)" means a laboratory analysis method for measuring airborne asbestos fibers using a transmission electron microscope (40 CFR Part 763, Appendix A to Subpart E).