Virginia Law

A. Section 54.1-500 of the Code of Virginia provides definitions of the following terms and phrases used in this chapter:

"Accredited asbestos training program"

"Asbestos"

"Asbestos analytical laboratory license"

"Asbestos-containing materials" or "ACM"

"Asbestos management plan"

"Asbestos project" or "asbestos abatement project"

"Asbestos supervisor"

"Board"

"Friable"

"Person"

"Principal instructor"

"Training manager"

B. The following words and terms when used in this chapter will have the following meanings unless the context clearly indicates otherwise:

"AAR" means the Asbestos Analysts Registry program offered by the AIHA Registry Programs.

"AAT" means Asbestos Analyst Testing.

"Accredited training program" means a profession-specific asbestos training program or course that is approved by the board and designated as either initial or refresher and is required under the MAP as issued under the Asbestos Hazard Emergency Response Act of 1986, 40 CFR Part 763, Subpart E; or an approved training course that has been approved by EPA or another state that has an EPA-approved MAP program.

"Address of record" means the address or email address designated by the regulant to receive notices and correspondence from the board.

"AHERA" means Asbestos Hazard Emergency Response Act, 40 CFR Part 763, Subpart E.

"AIHA" means American Industrial Hygiene Association.

"Applicant" means a person who has submitted an application to the board, but has not been granted a license or accreditation by the board.

"Application" means a completed board-prescribed form submitted with the appropriate fee and other required documentation.

"Approval letter" means a written notice confirming the firm or individual applicant's licensure or accreditation of a training program by the board.

"Asbestos contractor" means a person who contracts with another person for compensation to carry out an asbestos project or to perform any work on an asbestos project.

"Asbestos inspector" means an individual who conducts an asbestos inspection.

"Asbestos inspection" means an onsite investigation to determine the potential presence or exposure of ACM.

"Asbestos management planner" means any individual preparing or updating an asbestos management plan.

"Asbestos project design" means any work plan describing the construction of an asbestos abatement area, response action, or work practices to be utilized on an asbestos abatement project.

"Asbestos project designer" means an individual who designs or develops a design for an asbestos abatement project.

"Asbestos project monitor" means an individual who monitors or acts as a monitor of an asbestos abatement project.

"Asbestos worker" means an individual who works on an asbestos abatement project.

"ASHARA" means Asbestos School Hazard Abatement Reauthorization Act, 40 CFR Part 763, Subpart E.

"BAPAT" means the Bulk Asbestos Proficiency Analytical Testing Program of the AIHA Proficiency Analytical Testing Programs.

"Board-approved training course" means a training course that has been approved by the board to provide training for individuals who act as a project monitor.

"Department" means the Department of Professional and Occupational Regulation.

"Direct supervision" means exercising oversight, direction of, and control over the work of another.

"Employee" means an individual who has an employment relationship acknowledged by both the individual and the firm and is treated as an employee for the purposes of compliance with federal income tax laws.

"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 (i.e., bridging encapsulant) or penetrates the material and binds its components together (i.e., penetrating encapsulant).

"Encasement" means any process by which an ACM is sprayed with an insulating sealer that is then mechanically fastened to the asbestos-covered substrate. The insulating sealer is then covered with a sealer to give structural strength and durability.

"Enclosure" means the construction or installation over or around the ACM of any leak-tight solid or flexible coverings that will not deteriorate or decompose for an extended period of time so as to conceal the ACM, contain ACM fibers, and render the ACM inaccessible.

"Environmental remediation activity" means any activity planned or carried out for the purpose of reducing or eliminating any environmental hazard, including activities necessary to train individuals in the proper or lawful conduct of such activities that are regulated by federal or state law or regulation.

"EPA" means U.S. Environmental Protection Agency.

"Financial interest" means financial benefit accruing to an individual or to a member of the individual's immediate family. Such interest exists by reason of (i) ownership in a business if the ownership exceeds 3.0% of the total equity of the business; (ii) annual gross income that exceeds or may be reasonably anticipated to exceed $2,000 from ownership in real or personal property or a business; (iii) salary, other compensation, fringe benefits, or benefits from the use of property paid or provided by a business that exceeds or may be reasonably expected to exceed $2,000 annually; or (iv) ownership of real or personal property if the interest exceeds $2,000 in value and excluding ownership in business, income, salary, other compensation, fringe benefits, or benefits from the use of property.

"Firm" means a sole proprietorship, association, partnership, corporation, limited liability company, limited liability partnership, or any other form of business organization recognized under the laws of the Commonwealth.

"Guest instructor" means an instructor who is invited to instruct a specific topic in an accredited asbestos training program and whose instruction is limited to two hours per day.

"Hands-on training" means the physical participation of students in an accredited asbestos training program. Physical participation includes mock activities specific to the license discipline.

"IHLAP" means the Industrial Hygiene Laboratory Accreditation Program of the AIHA Laboratory Accreditation Programs LLC.

"IHPAT" means the Industrial Hygiene Proficiency Analytical Testing Program of the AIHA Proficiency Analytical Testing Programs LLC.

"Immediate family" means (i) a spouse, (ii) a sibling or stepsibling, (iii) a parent or stepparent, (iv) a child or stepchild, or (v) any other person residing in the same household as the individual.

"Inspection" means an activity undertaken to determine the presence or location or to access the condition of friable or nonfriable ACM or suspected ACM, whether by visual or physical examination or by collecting samples of such material. This term includes reinspections of friable and nonfriable known or assumed ACM that has been previously identified. Inspection does not include the following:

1. Periodic surveillance of the type described in 40 CFR 763.92(b) solely for the purpose of recording or reporting a change in the condition of known or assumed ACM;

2. Inspections performed by employees or agents of federal, state, or local governments solely for the purpose of determining compliance with applicable statutes or regulations; or

3. Visual inspections solely for the purpose of determining completion of response actions.

"Instructor" means a person who instructs one or more accredited asbestos training programs, including the principal instructor, but excluding guest instructors.

"MAP" means the EPA Asbestos Model Accreditation Plan (Appendix C of 40 CFR Part 763, Subpart E).

"Monitor" means observing and reviewing the activities of an asbestos contractor on an asbestos abatement project, as required by this chapter, to determine whether proper work practices are used and compliance with all asbestos laws and regulations is maintained.

"NIOSH" means National Institute of Occupational Safety and Health.

"NVLAP" means the Asbestos Fiber Analysis Program of the National Institute of Standards and Technology National Voluntary Laboratory Accreditation Program.

"Occupied" means any area of any building designed or intended for human occupancy for any purpose.

"OSHA" means the U.S. Department of Labor Occupational Safety and Health Administration.

"PCM" means phase-contrast microscopy.

"PLM" means polarized light microscopy.

"Regulant" means an asbestos worker, asbestos supervisor, asbestos inspector, asbestos management planner, asbestos project designer, asbestos project monitor, asbestos contractor, or asbestos analytical laboratory that holds a license issued by the board, or an asbestos training program that has been accredited by the board.

"Removal" means the physical removal of ACM in accordance with all applicable regulations.

"Renovation" means altering in any way one or more facility components.

"Repair" means returning damaged ACM to an undamaged condition or to an intact state so as to prevent fiber release.

"Residential buildings" means site-built homes, modular homes, condominium units, mobile homes, manufactured housing, and duplexes or other multi-unit dwellings consisting of four units or fewer that are currently in use or intended for use only for residential purposes.

"Response action" means any method, including removal, encapsulation, enclosure, encasement, or operation and maintenance, that protects human health and the environment from ACM.

"Responsible individual" means the employee, officer, manager, owner, or principal of the firm who is designated by each firm to ensure compliance with Chapter 5 (§ 54.1-500 et seq.) of Title 54.1 of the Code of Virginia and all regulations of the board and to receive communications and notices from the board that may affect the firm.

"TEM" means transmission electron microscopy.

"Visual inspection" means a process of looking for conditions that, if not corrected during an asbestos abatement project, could result in residual asbestos-containing dust or debris. Visual inspection includes examination of an asbestos abatement project area prior to clearance air monitoring for evidence that the project has been successfully completed as indicated by the absence of residue, dust, and debris.