1. Abatement. Any portion of an asbestos project that includes procedures to control fiber release from asbestos containing material. This includes removal, encapsulation, enclosure, repair, or handling of asbestos material that may result in the release of asbestos fiber.

2. Active Project. A project becomes active when construction of the personal decontamination unit is required to be commenced, or when ACM, PACM or asbestos material is disturbed, whichever comes first, and is considered active until completion of Phase IID, unless, in response to a written request, permission is granted by the Department of Labor Engineering Services Unit to suspend the work on the project for a specified time period.

3. Aggressive Air Sampling. An accepted method of sampling in which mechanical equipment is used before and during the sampling period to stir up settled dust/asbestos fibers.

4. Air Sampling. The process of measuring the fiber content of a known volume of air collected during a specific period of time, using accepted methodologies.

5. Ambient Air Sampling. A method of sampling by which an air sample is collected outside the regulated abatement work area, and is collected without the use of aggressive air sampling techniques.

6. Approved Asbestos Safety Training Program. A program, approved by the New York State Commissioner of Health, providing training in the various disciplines that may be involved in an asbestos project.

7. Asbestos. Any naturally occurring hydrated mineral silicate separable into commercially usable fibers, including chrysotile (serpentine), amosite (cumingtonite-grunerite), crocidolite (riebeckite), tremolite, anthophyllite and actinolite.

8. Asbestos Abatement Contractor. An asbestos contractor who performs abatement during an asbestos project or employs persons performing such abatement.

9. Asbestos Abatement Contractor Daily Project Log. A bound daily narrative journal maintained by the asbestos abatement contractor, which contains a synopsis of all pertinent events that occur throughout Phase II of the asbestos project. 

10. Asbestos Containing Material (ACM). Any material containing greater than one percent (1%) of asbestos, also known as Asbestos Material.

11. Asbestos Contractor. The State, any political subdivision of the State, a public authority or any other governmental agency or instrumentality thereof, self-employed person, company, unincorporated association, firm, partnership or corporation and any owner or operator thereof, which engages in any portion of an asbestos project, or employs persons engaged in any portion of an asbestos project.

(1) Exception: Property owners or prime contractors who hire asbestos contractors, but do not, themselves, direct or control the work.

12. Asbestos Control Bureau. Asbestos Control Bureau, Division of Safety and Health, New York State Department of Labor.

13. Asbestos Handler (Worker). Any person who performs the duties described as setup, removal and cleanup of ACM.

14. Asbestos Handling Certificate. A certificate issued by the Commissioner of labor for the setup, removal and cleanup of ACM.

15. Asbestos Handling License. A license issued by the Commissioner.

16. Asbestos Material. Any material containing greater than one percent      (1%) of asbestos, also known as Asbestos Containing Material ACM.

17. Asbestos Project Air Sampling Technician. An individual who performs the duties as in air sampling during an asbestos abatement.

18. Asbestos Survey. A thorough inspection for and identification of all PACM, suspect ACM, or asbestos material throughout the building/structure or portion thereof to be demolished, renovated, remodeled, or repaired.

19. Asbestos Waste. ACM, PACM, asbestos material or asbestos contaminated objects requiring disposal pursuant to applicable laws or regulations. This includes RACM as well as Category I and II Non-Friable ACM.

20. Authorized Visitor. Any party on an asbestos project, who has to enter the asbestos project restricted area or regulated abatement work area for emergency purposes or regulatory compliance inspections. Examples include the building/structure owner, his or her agent or representative, utility company representatives, the Commissioner or his or her agents, and personnel of any regulatory agency having jurisdiction over the project. Visitors shall comply with all applicable requirements of OSHA 29 CFR 1926.

21. Background Air Sampling. A method used to determine airborne fiber concentrations in the area where abatement work is to be conducted, prior to starting Phase II A of the asbestos project.

22. Building/Structure. A structure wholly or partially enclosed within exterior walls and a roof, intended to afford shelter to persons, animals or property; or a structure used as a conveyance for utilities, vehicular traffic or pedestrians (e.g. bridge, tunnel, manhole, subsurface conduits).

23. Building/Structure Owner. The State, any political subdivision of the State, a public authority or any other governmental agency or instrumentality thereof, person, company, unincorporated association, firm, partnership or corporation in whom legal title to the premises is vested unless the premises are held in land trust, in which instance building/structure owner means the person in whom beneficial title is vested.

24. Building/Structure Owner’s Authorized Representative. A licensed asbestos contractor firm contractually responsible for execution of any building owner’s responsibility, as required by this Part, during any phase of an asbestos project at the building owner’s building/structure. 

25. Bulk Sampling. Accepted methods for collecting samples of suspect materials for appropriate analyses by NYS ELAP approved laboratories, to determine asbestos content.

26. Cleanup. The utilization of HEPA-vacuuming or wet cleaning or both to control and eliminate accumulations of asbestos material and asbestos waste material.

27. Clearance Air Sampling. An accepted method of air sampling used upon completion of final cleaning, during Phase IIC of an asbestos project. This method consists of using aggressive air sampling techniques to dislodge and stir up remaining asbestos fibers, then air samples are collected for appropriate analysis to determine representative airborne fiber concentrations.

28. Commissioner. The Commissioner of the New York State Department of Labor.

29. Containment. The negative-pressurized enclosure within the restricted area, which establishes the regulated abatement work area and surrounds the location where the asbestos abatement is actually taking place.

30. Critical Barrier. Barriers that seal off all openings to or within the defined regulated abatement work area, including but not limited to operable windows and skylights, doorways, ducts, grills, diffusers and any other penetrations to surfaces adjacent to or within the regulated abatement work area.

31. Demolition. The wrecking or removal of any load-supporting structural member of a building or structure.

32. Department. The New York State Department of Labor.

33. Disturbance. Any activities that disrupt the matrix of ACM or PACM, or generate debris, visible emissions or airborne asbestos fibers from ACM or PACM. This includes moving of friable asbestos containing material from one place to another.

34. Emergency. An unexpected, unanticipated or unforeseen occurrence, including but not limited to, a steam, chemical, gas or water line rupture, a boiler failure, a building/structure collapse, or act of nature which may pose:

(1) an imminent danger to the health and safety of the public; or

(2) an asbestos-related risk to the health and safety of the public from release of asbestos fibers.

35. Emergency Asbestos Project. An asbestos project which is necessary to respond to an emergency. 

36. Enclosure. Abatement consisting of the construction of airtight walls, ceilings and floors between the asbestos material and the building/structure environment, or around surfaces coated with asbestos material, or any other appropriate procedure as determined by the Department, which prevents the release of asbestos fibers.

37. EPA. The United States Environmental Protection Agency.

38. Fiber (Asbestos Fiber). Generally, a slender or elongated structure, which results from the break up of ACM, PACM or asbestos material. However, the definition of an asbestos fiber is also dependent upon the approved accepted method of air sampling and analysis utilized for the specific phase of the asbestos project.

39. Friable. Any material that when dry, can be crumbled, pulverized, or reduced to powder by hand pressure, or is capable of being released into the air by hand pressure.

40. Glovebag. A manufactured impervious bag-like enclosure constructed of at least six (6) mil transparent plastic, seamless at the bottom, with inward-projecting long sleeve glove(s), which may also contain an inward-projecting water-wand sleeve, an internal tool pouch, and an attached, labeled receptacle or portion for asbestos waste. The glovebag is constructed and installed to surround the object or area to be decontaminated and contain all asbestos fibers released during the abatement process.

41. Glovebag Technique. A method for removing asbestos material from heating, ventilating, and air conditioning (HVAC) ducts, piping runs, valves, joints and elbows, and other non-planar surfaces, by use of a glovebag.

42. HEPA-Filter. A high efficiency particulate air filter capable of trapping and retaining 99.97 percent of all mono-dispersed particles of 0.3 microns in diameter or larger.

43. HEPA-Vacuum Equipment. Vacuuming equipment designed for abatement, with a high efficiency particulate air filtration system. 

44. Incidental Disturbance. The unintentional disturbance of, ACM, PACM, or asbestos material.

45. Incidental Disturbance Asbestos Project. The cleanup, repair or encapsulation of less than 10 square feet or less than 25 linear feet of incidentally disturbed ACM, PACM or asbestos material.

46. Inspector. Any person who performs the duties described as inspecting, sampling and assessing the amount and condition of ACM and Non-ACM materials in a building or other areas that may contain ACM.

47. Intact. Asbestos material that has not crumbled, been pulverized, or otherwise been damaged or disturbed, and the material’s matrix has not noticeably deteriorated.

48. Isolation Barriers. Installed temporary hardwall barriers that complete the containment enclosure and establish the regulated abatement work area.

49. Negative Air Pressure Equipment. A local exhaust system, capable of maintaining air pressure within a containment at a lower pressure than the air pressure outside of such containment, and which provides for HEPA filtration of all air exhausted from the containment.

50. NESHAP. National Emission Standards for Hazardous Air Pollutants (40 CFR Part 61).

51. NIOSH. The National Institute for Occupational Safety and Health.

52. Non-Asbestos Material. Any material documented to contain one percent (1%) or less of asbestos.

53. Non-Friable. Any material that when dry, can not be crumbled, pulverized, or reduced to powder by hand pressure, and is not capable of being released into the air by hand pressure.

54. Non-Friable Organically Bound (NOB) Asbestos Material. Non-friable asbestos materials embedded in flexible-to-rigid asphalt or vinyl matrices, including but not limited to flooring materials, adhesives, mastics, asphalt shingles, roofing materials and caulks. 

55. Occupied Area. Any frequented portion of the work site where abatement is not taking place.

56. OSHA. The Occupational Safety and Health Administration.

57. Outside Air. The air immediately outside the building or structure in which an asbestos project is performed.

58. Person. Any natural person.

59. Personal Air Sampling. Air sampling located in a worker’s breathing zone.

60. Personal Decontamination System Enclosure. An area designated for controlled passage of all persons to and from the regulated abatement work area.

61. Personal Protective Equipment (PPE). Disposable work suits or coveralls, head covering, eye protection, footwear, gloves and appropriate NIOSH-approved respirators with appropriate NIOSH-approved filters.

62. Plasticize. To cover floors, walls, ceilings or other surfaces with 6-mil fire-retardant plastic sheeting.

63. Presumed Asbestos Containing Material (PACM). All Thermal System Insulations and Surfacing Materials found in buildings constructed no later than 1980. PACM is considered to be ACM unless proven otherwise by appropriate bulk sampling and laboratory analyses.

64. Project Air Sampling. Area air sampling conducted in accordance with Subpart 56-4 of this Part during the course of the asbestos project.

65. Project Designer. Any person who performs the duties in the design and setup of the project before abatement is awarded.

66. Project Monitor. Any person who performs the duties described as air monitoring, sampling and the overall supervision of an asbestos removal project.  Including but not limited to work site inspection by ASTM methodologies. 

67. Public. Any natural person except:

(1) A person engaged in an asbestos project;

(2) An authorized visitor;

(3) Police, fire, or other public safety personnel.

68. Receptor. Any opening, which could admit asbestos fibers into a structure if not properly protected. Examples include but are not limited to operable windows, doors, vents, air intakes or exhausts of any mechanical device within a building or structure.

69. Regulated Abatement Work Area. The portion of the restricted area where abatement work actually occurs. For tent work areas, the interior of each tent is a regulated abatement work area. For OSHA Class I and Class II asbestos abatement, the interior of the restricted area containment enclosure is the regulated abatement work area. For exterior non-friable asbestos abatement conducted without the establishment of negative air ventilation systems or containment enclosures, the entire restricted area surrounding the abatement location is considered to be the regulated abatement work area.

70. Remote Decontamination System Enclosure. Decontamination systems that are not attached to the regulated abatement work area but are within the work site.

71. Removal. Abatement, consisting of operations where ACM, PACM or asbestos material is removed or stripped from structures or substrates. This includes demolition operations.

72. Renovation. The altering of an existing building/structure, or a portion of building/structure components or systems, including the stripping, removal or abatement of ACM from a building or structure. Operations in which load-supporting structural members are wrecked or taken out are demolitions.

73. Repair (Asbestos). Abatement, consisting of corrective action for a Minor Asbestos Project using required work practices to control fiber release from damaged ACM, PACM or asbestos material.

74. Repair. The replacement, overhaul, rebuilding, reconstructing or reconditioning of any part of a building/structure component or system with like or similar material or parts, due to damage or excessive wear.

75. Restricted Area. A restricted area established and marked for the abatement portion of an asbestos project. This area shall include, but not be limited to asbestos project regulated abatement work areas and any contiguous decontamination facilities, adjoining staging areas where work materials, debris or waste from such work may accumulate, remote decontamination areas, and waste storage areas (dumpsters, trailers, etc.).

76. Satisfactory Clearance Air Sampling Results. See Subpart 56-4.

77. Supervisor. Any person who performs the duties of supervising workers during the cleanup, encapsulation and removal of all ACM.  This may include the same functions as an asbestos handler.

78. Suspect Miscellaneous ACM. Any suspect asbestos-containing material that is not PACM, such as floor tiles, ceiling tiles, mastics/adhesives, sealants, roofing materials, cementitous materials, etc. A listing of typical suspect miscellaneous ACM can be found in our listing of suspect material types. All suspect miscellaneous ACM must be assumed to be ACM, unless proven otherwise by appropriate bulk sampling and laboratory analyses.

79. Surfacing Material. Material that is sprayed-on, troweled-on, or otherwise applied to surfaces (such as acoustical or finish plaster on ceilings and walls, and fireproofing materials on structural members, or other materials on surfaces for acoustical, fireproofing, or other purposes).

80. Surfactant. A chemical wetting agent added to water to reduce the surface tension of the water and improve its penetration for added mitigation of airborne fiber release.

81. Tent. A fire retardant polyethylene enclosure that includes walls, ceiling and a floor as required to remove ACM, PACM or asbestos material.

82. Thermal System Insulation. Insulation material applied to pipes, fittings, boilers, breeching, tanks, ducts or other structural components to prevent heat gain or loss.
 
83. Variance (Site-specific). Relief in accordance with Section 30 of the Labor Law from specific sections of Industrial Code Rule 56 for a specific project.

84. Variance (Applicable) (AV). Blanket relief in accordance with Section 30 of the Labor Law from specific sections of Industrial Code Rule 56 for a particular type of project.

85. Visible Emission. Any emission of particulate material that can be seen without the aid of instruments.

86. Work Site. Building, structure, parcel of land or premises where an asbestos project takes place.