Rule 62-257.200. Definitions

The following definitions are used to implement Chapter 62-257, F.A.C. Definitions that reference 40 C.F.R. Part 61, Subpart M, are adopted and incorporated by reference in Rule 62-204.800, F.A.C.

(1) “Asbestos” means the asbestiform varieties of serpentinite (chrysotile), riebeckite (crocidolite), cummingtonite-grunerite, anthophyllite, and actinolite-tremolite and includes trade acronyms products such as amosite.

(2) “Asbestos Consultant” means a person licensed as an asbestos consultant in the state of Florida, who offers to, undertakes to, submits a bid to, or does, individually or by employing others, conduct surveys for asbestos-containing materials, develop operation and maintenance plans, monitor and evaluate asbestos abatement, prepare asbestos abatement specifications, or perform related tasks.

(3) “Asbestos Contractor” means a person licensed as an asbestos contractor in the state of Florida who is qualified and responsible for the contracted project and who offers to, undertakes to, submits a bid to, or does, individually or by employing others, remove, encapsulate, or enclose asbestos-containing materials or dispose of asbestos-containing waste in the course of activities including, but not limited to, construction, renovation, maintenance, or demolition.

(4) “Asbestos-containing materials” means Regulated Asbestos-Containing Material, Category I Nonfriable Asbestos-Containing Material, or Category II Nonfriable Asbestos-Containing Material.

(5) “Asbestos removal project” means a renovation or demolition operation in a facility that involves the removal of a threshold amount of regulated asbestos-containing material.

(6) “Category I Nonfriable Asbestos-Containing Material (ACM)” means asbestos-containing packings, gaskets, resilient floor covering, and asphalt roofing products containing more than 1 percent asbestos as determined using the method specified in Appendix A, Subpart E, 40 C.F.R. Part 763, Section 1, Polarized Light Microscopy.

(7) “Category II Nonfriable ACM” means any material, excluding Category I Nonfriable ACM, containing more than 1 percent asbestos as determined using the methods specified in Appendix A, Subpart E, 40 C.F.R. Part 763, Section 1, Polarized Light Microscopy, that, when dry, cannot be crumbled, pulverized, or reduced to powder by hand pressure.

(8) “Department” means the Florida Department of Environmental Protection.

(9) “Demolition” means the wrecking or taking out of any load-supporting structural member of a facility together with any related handling operations or the intentional burning of any facility.

(10) “Emergency renovation operation” means a renovation operation that was not planned but results from a sudden, unexpected event that, if not immediately attended to, presents a safety or public health hazard, is necessary to protect equipment from damage, or is necessary to avoid imposing an unreasonable financial burden. This term includes operations necessitated by nonroutine failures of equipment.

(11) “Facility” means any institutional, commercial, public, industrial, or residential structure, installation, or building (including any structure, installation, or building containing condominiums or individual dwelling units operated as a residential cooperative, but excluding residential buildings having four or fewer dwelling units); any ship; and any active or inactive waste disposal site. For purposes of this definition, any building, structure, or installation that contains a loft used as a dwelling is not considered a residential structure, installation, or building. Any structure, installation or building that was previously subject to 40 C.F.R. 61, Subpart M, is not excluded, regardless of its current use or function.

(12) “Facility component” means any part of a facility including equipment.

(13) “Friable Asbestos Material” means any material containing more than 1 percent asbestos as determined using the method specified in Appendix A, Subpart E, 40 C.F.R. Part 763 Section 1, Polarized Light Microscopy that, when dry, can be crumbled, pulverized, or reduced to powder by hand pressure. If the asbestos content is less than 10 percent as determined by a method other than point counting by Polarized Light Microscopy (PLM), verify the asbestos content by point counting using PLM.

(14) “Installation” means any building or structure or any group of buildings or structures at a single demolition or renovation site that are under the control of the same owner or operator (or owner or operator under common control).

(15) “Local Air Program,” for purposes of Chapter 62-257, F.A.C., only, means a county air pollution control program which meets the criteria of Section 403.182(1), F.S.

(16) “Nonscheduled renovation operation” means a renovation operation necessitated by the routine failure of equipment, which is expected to occur within a given period based on past operating experience, but for which an exact date cannot be predicted.

(17) “Notification” or Notice” means Notice of Renovation or Demolition Form, DEP Form Number 62-257.900(1) as adopted and incorporated in Rule 62-257.301, F.A.C.

(18) “Ordered demolition” means a demolition under an order of a State or local government agency, issued because the facility is structurally unsound and in danger of imminent collapse.

(19) “Owner or operator” means any person or entity who owns, leases, operates, controls, or supervises either the renovation or demolition operation or the site of the renovation or demolition operation.

(20) “Planned renovation operation” means a renovation operation, or a number of such operations, in which regulated asbestos-containing material will be removed or stripped within a given period of time and that can be predicted. Individual nonscheduled operations are included if a number of such operations can be predicted to occur during a given period of time based on operating experience.

(21) “Renovation” means the alteration in any way of a facility or of one or more facility components. Operations in which load-supporting structural members are wrecked or taken out are demolitions.

(22) “Regulated Asbestos-Containing Material (RACM)” means:

(a) Friable asbestos material;

(b) Category I nonfriable ACM that has become friable;

(c) Category I nonfriable ACM that will be or has been subjected to sanding, grinding, cutting, or abrading, or

(d) Category II nonfriable ACM that has become crumbled, pulverized, or reduced to powder or has a high probability of becoming crumbled, pulverized, or reduced to powder by the forces expected to act on the material in the course of demolition or renovation operations regulated by 40 C.F.R. Part 61, Subpart M, as adopted in Rule 62-204.800, F.A.C.

(23) “Residential exemption” means an asbestos removal, renovation, or demolition project exempt from the survey and notification requirements of this chapter. This exemption applies to a residential building having no more than four dwelling units. This exemption does not apply to

(a) any institutional, commercial, public, or industrial structure;

(b) any installation;

(c) any structure or building (including a residential building) demolished as part of a larger project;

(d) any structure or building used partly for residential purposes and partly for commercial, public, or industrial use;

(e) any structure or building containing condominiums or individual dwelling units operated as a residential cooperative (since this meets the definition of “facility”); or

(f) any structure or building that previously met the definition of a “facility,” regardless of its present use.

(24) "Resilient floor covering" means asbestos-containing floor tile, including asphalt and vinyl floor tile, and sheet vinyl floor covering containing more than 1 percent asbestos as determined using polarized light microscopy (PLM) according to the method specified in Appendix E, Subpart E, 40 CFR part 763, section 1, Polarized Light Microscopy.

(25) “State Asbestos Coordinator” means the person designated by the Director of the Department’s Division of Air Resources Management to serve as the statewide coordinator for the asbestos program.

(26) “Survey” means the process of inspecting a facility or installation for the presence of asbestos-containing materials to determine the amount, location, and condition of asbestos-containing materials prior to transfer of property, renovation, demolition, or maintenance projects which may disturb asbestos-containing materials.

(27) “Threshold amount of regulated asbestos-containing material” means at least 260 linear feet (80 linear meters) on pipes, or at least 160 square feet (15 square meters) on other facility components, or at least 35 cubic feet (1 cubic meter) of facility components where the length or area could not be measured previously.

(28) “Working day” means Monday through Friday and includes holidays that fall on any of the days Monday through Friday. Rulemaking Authority 376.60, 403.061 FS. Law Implemented 376.60, 403.061 FS. History–New 3-31-94, Formerly 17-257.200, Amended 11-23-94, 2-9-99, 3-23-25.