643.020. Definitions.
Definitions.
643.020. When used in this chapter and in standards, rulesand regulations promulgated under authority of this chapter, thefollowing words and phrases mean:
(1) "AHERA", Asbestos Hazard Emergency Response Act of1986 (P.L. 99-519);
(2) "Abatement project designer", an individual whodesigns or plans AHERA asbestos abatement;
(3) "Air cleaning device", any method, process, orequipment which removes, reduces, or renders less obnoxious aircontaminants discharged into ambient air;
(4) "Air contaminant", any particulate matter or any gasor vapor or any combination thereof;
(5) "Air contaminant source", any and all sources of aircontaminants whether privately or publicly owned or operated;
(6) "Air pollution", the presence in the ambient air ofone or more air contaminants in quantities, of characteristicsand of a duration which directly and proximately cause orcontribute to injury to human, plant, or animal life or health orto property or which unreasonably interferes with the enjoymentof life or use of property;
(7) "Ambient air", all space outside of buildings, stacks,or exterior ducts;
(8) "Area of the state", any geographical area designatedby the commission;
(9) "Asbestos", the asbestiform varieties of chrysotile,crocidolite, amosite, anthophyllite, tremolite and actinolite;
(10) "Asbestos abatement", the encapsulation, enclosure orremoval of asbestos containing materials in or from a building orair contaminant source, or preparation of friable asbestoscontaining material prior to demolition;
(11) "Asbestos abatement contractor", any person who byagreement, contractual or otherwise, conducts asbestos abatementprojects at a location other than his own place of business;
(12) "Asbestos abatement projects", an activity undertakento encapsulate, enclose or remove ten square feet or sixteenlinear feet or more of friable asbestos containing materials frombuildings and other air contaminant sources, or to demolishbuildings and other air contaminant sources containing ten squarefeet or sixteen linear feet or more;
(13) "Asbestos abatement supervisor", an individual whodirects, controls, or supervises others in asbestos abatementprojects;
(14) "Asbestos abatement worker", an individual whoengages in asbestos abatement projects;
(15) "Asbestos air sampling professional", an individualwho by qualifications and experience is proficient in asbestosabatement air monitoring. The individual shall conduct, overseeor be responsible for air monitoring of asbestos abatementprojects before, during and after the project has been completed;
(16) "Asbestos air sampling technician", an individual whohas been trained by an air sampling professional to do airmonitoring. Such individual conducts air monitoring of anasbestos abatement project before, during and after the projecthas been completed;
(17) "Asbestos containing material", any material orproduct which contains more than one percent asbestos, by weight;
(18) "Class A source", either a class A1, A2 or A3 sourceas defined in this section;
(19) "Class A1 source", any air contaminant source withthe potential to emit equal to or greater than one hundred tonsper year of an air contaminant;
(20) "Class A2 source", any air contaminant source, whichis not a class A1 source, and with the potential, air cleaningdevices not considered, to emit equal to or greater than onehundred tons per year of an air contaminant;
(21) "Class A3 source", any air contaminant source whichemits or has the potential to emit, ten tons per year or more ofany hazardous air pollutant or twenty-five tons of anycombination of hazardous air pollutants, or as defined pursuantto section 112 of the federal Clean Air Act, as amended, 42U.S.C. 7412;
(22) "Class B source", any air contaminant source with thepotential, air cleaning devices not considered, to emit equal toor greater than the de minimis amounts of an air contaminantestablished by the commission, but not a class A source;
(23) "Commission", the air conservation commission of thestate of Missouri created in section 643.040;
(24) "Competent person", as defined in the United StatesOccupational Safety and Health Administration's (OSHA) standard29 CFR 1926.58 (b). Such person shall also be a certifiedasbestos abatement supervisor;
(25) "Conference, conciliation and persuasion", a processof verbal or written communications consisting of meetings,reports, correspondence or telephone conferences betweenauthorized representatives of the department and the allegedviolator. The process shall, at a minimum, consist of one offerto meet with the alleged violator tendered by the department.During any such meeting, the department and the alleged violatorshall negotiate in good faith to eliminate the alleged violationand shall attempt to agree upon a plan to achieve compliance;
(26) "De minimis source", any air contaminant source witha potential to emit an air contaminant, air cleaning devices notconsidered, less than that established by the commission as deminimis for the air contaminant;
(27) "Department", the department of natural resources ofthe state of Missouri;
(28) "Director", the director of the department of naturalresources;
(29) "Emergency asbestos project", an asbestos projectthat must be undertaken immediately to prevent imminent, severe,human exposure or to restore essential facility operation;
(30) "Emission", the discharge or release into theatmosphere of one or more air contaminants;
(31) "Emission control regulations", limitations on theemission of air contaminants into the ambient air;
(32) "Friable asbestos containing material", any asbestoscontaining material which is applied to ceilings, walls,structural members, piping, ductwork or any other part of abuilding or other air contaminant sources and which, when dry,may be crumbled, pulverized or reduced to powder by handpressure;
(33) "Inspector", an individual, under AHERA, who collectsand assimilates information used to determine whether asbestoscontaining material is present in a building or other aircontaminant sources;
(34) "Management planner", an individual, under AHERA, whodevises and writes plans for asbestos abatement;
(35) "Minor violation", a violation which possesses asmall potential to harm the environment or human health or causepollution, was not knowingly committed, and is not defined by theUnited States Environmental Protection Agency as other thanminor;
(36) "Nonattainment area", any area designated by thegovernor as a "nonattainment area" as defined in the federalClean Air Act, as amended, 42 U.S.C. 7501;
(37) "Person", any individual, partnership, copartnership,firm, company, or public or private corporation, association,joint stock company, trust, estate, political subdivision, or anyagency, board, department, or bureau of the state or federalgovernment, or any other legal entity whatever which isrecognized by law as the subject of rights and duties;
(38) "Small business", for the purpose of sections 643.010to 643.190, a small business shall include any business regulatedunder this chapter, which is not a class A source and whichemploys less than one hundred people and emits less than fiftytons of any regulated pollutant per year and less thanseventy-five tons of all regulated pollutants or as otherwisedefined by the commission by rule.
(L. 1965 p. 335 § 2, A.L. 1972 H.B. 1184, A.L. 1988 H.B. 1187, A.L. 1989 H.B. 77, et al., A.L. 1992 S.B. 544, A.L. 1993 S.B. 80, et al., A.L. 1994 S.B. 590)*Transferred 1986; formerly 203.020