Missouri Revised Statutes
Chapter 643
Air Conservation
←643.010
Section 643.020.1
643.030→
August 28, 2015
Definitions.
643.020. When used in this chapter and in standards, rules and
regulations promulgated under authority of this chapter, the following
words and phrases mean:
(1) "AHERA", Asbestos Hazard Emergency Response Act of 1986 (P.L.
99-519);
(2) "Abatement project designer", an individual who designs or plans
AHERA asbestos abatement;
(3) "Air cleaning device", any method, process, or equipment which
removes, reduces, or renders less obnoxious air contaminants discharged
into ambient air;
(4) "Air contaminant", any particulate matter or any gas or vapor or
any combination thereof;
(5) "Air contaminant source", any and all sources of air contaminants
whether privately or publicly owned or operated;
(6) "Air pollution", the presence in the ambient air of one or more
air contaminants in quantities, of characteristics and of a duration which
directly and proximately cause or contribute to injury to human, plant, or
animal life or health or to property or which unreasonably interferes with
the enjoyment of 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 designated by the
commission;
(9) "Asbestos", the asbestiform varieties of chrysotile, crocidolite,
amosite, anthophyllite, tremolite and actinolite;
(10) "Asbestos abatement", the encapsulation, enclosure or removal of
asbestos-containing materials in or from a building or air contaminant
source, or preparation of friable asbestos-containing material prior to
demolition;
(11) "Asbestos abatement contractor", any person who by agreement,
contractual or otherwise, conducts asbestos abatement projects at a
location other than his own place of business;
(12) "Asbestos abatement projects", an activity undertaken to
encapsulate, enclose or remove one hundred sixty square feet or two hundred
sixty linear feet or thirty-five cubic feet or more of regulated
asbestos-containing materials from buildings and other air contaminant
sources, or to demolish buildings and other air contaminant sources
containing one hundred sixty square feet or two hundred sixty linear feet
or thirty-five cubic feet or more of regulated asbestos-containing
materials;
(13) "Asbestos abatement supervisor", an individual who directs,
controls, or supervises others in asbestos abatement projects;
(14) "Asbestos abatement worker", an individual who engages in
asbestos abatement projects;
(15) "Asbestos air sampling professional", an individual who by
qualifications and experience is proficient in asbestos abatement air
monitoring. The individual shall conduct, oversee or be responsible for
air monitoring of asbestos abatement projects before, during and after the
project has been completed;
(16) "Asbestos air sampling technician", an individual who has been
trained by an air sampling professional to do air monitoring. Such
individual conducts air monitoring of an asbestos abatement project before,
during and after the project has been completed;
(17) "Asbestos-containing material", any material or product which
contains more than one percent asbestos;
(18) "Class A source", either a class A1, A2 or A3 source as defined
in this section;
(19) "Class A1 source", any air contaminant source with the potential
to emit equal to or greater than one hundred tons per year of an air
contaminant;
(20) "Class A2 source", any air contaminant source, which is not a
class A1 source, and with the potential, air cleaning devices not
considered, to emit equal to or greater than one hundred tons per year of
an air contaminant;
(21) "Class A3 source", any air contaminant source which emits or has
the potential to emit, ten tons per year or more of any hazardous air
pollutant or twenty-five tons of any combination of hazardous air
pollutants, or as defined pursuant to Section 112 of the federal Clean Air
Act, as amended, 42 U.S.C. 7412;
(22) "Class B source", any air contaminant source with the potential,
air cleaning devices not considered, to emit equal to or greater than the
de minimis amounts of an air contaminant established by the commission, but
not a class A source;
(23) "Commission", the air conservation commission of the state of
Missouri created in section 643.040;
(24) "Competent person", as defined in the United States Occupational
Safety and Health Administration's (OSHA) standard 29 CFR 1926.1101(b).
Such person shall also be a certified asbestos abatement supervisor;
(25) "Conference, conciliation and persuasion", a process of verbal
or written communications consisting of meetings, reports, correspondence
or telephone conferences between authorized representatives of the
department and the alleged violator. The process shall, at a minimum,
consist of one offer to meet with the alleged violator tendered by the
department. During any such meeting, the department and the alleged
violator shall negotiate in good faith to eliminate the alleged violation
and shall attempt to agree upon a plan to achieve compliance;
(26) "De minimis source", any air contaminant source with a potential
to emit an air contaminant, air cleaning devices not considered, less than
that established by the commission as de minimis for the air contaminant;
(27) "Department", the department of natural resources of the state
of Missouri;
(28) "Director", the director of the department of natural resources;
(29) "Emergency asbestos project", an asbestos project that must be
undertaken immediately to prevent imminent, severe, human exposure or to
restore essential facility operation;
(30) "Emission", the discharge or release into the atmosphere of one
or more air contaminants;
(31) "Emission control regulations", limitations on the emission of
air contaminants into the ambient air;
(32) "Friable asbestos-containing material", any material containing
more than one percent, as determined by either the method specified in
appendix E, section 1 Polarized Light Microscopy in 40 CFR Part 61, Subpart
M or EPA/600/R-93/116 Method for the Determination of Asbestos in Bulk
Building Materials, asbestos that, when dry, can be crumbled, pulverized or
reduced to powder by hand pressure;
(33) "Grinding", to reduce to powder or small fragments and includes
mechanical chipping or drilling;
(34) "Inspector", an individual who collects and assimilates
information used to determine whether asbestos-containing material is
present in a building or other air contaminant sources;
(35) "Management planner", an individual, under AHERA, who devises
and writes plans for asbestos abatement;
(36) "Minor violation", a violation which possesses a small potential
to harm the environment or human health or cause pollution, was not
knowingly committed, and is not defined by the United States Environmental
Protection Agency as other than minor;
(37) "Nonattainment area", any area designated by the governor as a
"nonattainment area" as defined in the federal Clean Air Act, as amended,
42 U.S.C. 7501;
(38) "Nonfriable asbestos-containing material", any material
containing more than one percent asbestos as determined by either the
method specified in appendix E, section 1 Polarized Light Microscopy in 40
CFR Part 61, Subpart M or EPA/600/R-93/116 Method for the Determination of
Asbestos in Bulk Building Materials, that, when dry, cannot be crumbled,
pulverized or reduced to powder by hand pressure;
(39) "Person", any individual, partnership, copartnership, firm,
company, or public or private corporation, association, joint stock
company, trust, estate, political subdivision, or any agency, board,
department, or bureau of the state or federal government, or any other
legal entity whatever which is recognized by law as the subject of rights
and duties;
(40) "Regulated asbestos-containing material" or "RACM":
(a) Friable asbestos-containing material;
(b) Category I nonfriable asbestos-containing material that will be
or has been subjected to sanding, grinding, cutting, or abrading; or
(c) Category II nonfriable asbestos-containing material that has a
high probability of becoming or has become crumbled, pulverized, or reduced
to powder by the forces expected to act on the material in the course of
demolition or renovation operations;
(41) "School district", seven-director districts, urban school
districts, and metropolitan school districts, as defined in section
160.011;
(42) "Small business", for the purpose of sections 643.010 to
643.355, a small business shall include any business regulated under this
chapter, which is not a class A source and which employs less than one
hundred people and emits less than fifty tons of any regulated pollutant
per year and less than seventy-five tons of all regulated pollutants or as
otherwise defined 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, A.L. 2011 H.B. 89)
*Transferred 1986; formerly 203.020
CROSS REFERENCE:
Nonseverability clause, 640.099
1994
1994
643.020. When used in this chapter and in standards, rules and
regulations promulgated under authority of this chapter, the following words
and phrases mean:
(1) "AHERA", Asbestos Hazard Emergency Response Act of 1986 (P.L. 99-519);
(2) "Abatement project designer", an individual who designs or plans
AHERA asbestos abatement;
(3) "Air cleaning device", any method, process, or equipment which
removes, reduces, or renders less obnoxious air contaminants discharged into
ambient air;
(4) "Air contaminant", any particulate matter or any gas or vapor or any
combination thereof;
(5) "Air contaminant source", any and all sources of air contaminants
whether privately or publicly owned or operated;
(6) "Air pollution", the presence in the ambient air of one or more air
contaminants in quantities, of characteristics and of a duration which
directly and proximately cause or contribute to injury to human, plant, or
animal life or health or to property or which unreasonably interferes with
the enjoyment of 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 designated by the
commission;
(9) "Asbestos", the asbestiform varieties of chrysotile, crocidolite,
amosite, anthophyllite, tremolite and actinolite;
(10) "Asbestos abatement", the encapsulation, enclosure or removal of
asbestos containing materials in or from a building or air contaminant
source, or preparation of friable asbestos containing material prior to
demolition;
(11) "Asbestos abatement contractor", any person who by agreement,
contractual or otherwise, conducts asbestos abatement projects at a location
other than his own place of business;
(12) "Asbestos abatement projects", an activity undertaken to
encapsulate, enclose or remove ten square feet or sixteen linear feet or more
of friable asbestos containing materials from buildings and other air
contaminant sources, or to demolish buildings and other air contaminant
sources containing ten square feet or sixteen linear feet or more;
(13) "Asbestos abatement supervisor", an individual who directs,
controls, or supervises others in asbestos abatement projects;
(14) "Asbestos abatement worker", an individual who engages in asbestos
abatement projects;
(15) "Asbestos air sampling professional", an individual who by
qualifications and experience is proficient in asbestos abatement air
monitoring. The individual shall conduct, oversee or be responsible for air
monitoring of asbestos abatement projects before, during and after the
project has been completed;
(16) "Asbestos air sampling technician", an individual who has been
trained by an air sampling professional to do air monitoring. Such
individual conducts air monitoring of an asbestos abatement project before,
during and after the project has been completed;
(17) "Asbestos containing material", any material or product which
contains more than one percent asbestos, by weight;
(18) "Class A source", either a class A1, A2 or A3 source as defined in
this section;
(19) "Class A1 source", any air contaminant source with the potential to
emit equal to or greater than one hundred tons per year of an air contaminant;
(20) "Class A2 source", any air contaminant source, which is not a class
A1 source, and with the potential, air cleaning devices not considered, to
emit equal to or greater than one hundred tons per year of an air contaminant;
(21) "Class A3 source", any air contaminant source which emits or has the
potential to emit, ten tons per year or more of any hazardous air pollutant
or twenty-five tons of any combination of hazardous air pollutants, or as
defined pursuant to section 112 of the federal Clean Air Act, as amended, 42
U.S.C. 7412;
(22) "Class B source", any air contaminant source with the potential, air
cleaning devices not considered, to emit equal to or greater than the de
minimis amounts of an air contaminant established by the commission, but not
a class A source;
(23) "Commission", the air conservation commission of the state of
Missouri created in section 643.040;
(24) "Competent person", as defined in the United States Occupational
Safety and Health Administration's (OSHA) standard 29 CFR 1926.58 (b). Such
person shall also be a certified asbestos abatement supervisor;
(25) "Conference, conciliation and persuasion", a process of verbal or
written communications consisting of meetings, reports, correspondence or
telephone conferences between authorized representatives of the department
and the alleged violator. The process shall, at a minimum, consist of one
offer to meet with the alleged violator tendered by the department. During
any such meeting, the department and the alleged violator shall negotiate in
good faith to eliminate the alleged violation and shall attempt to agree upon
a plan to achieve compliance;
(26) "De minimis source", any air contaminant source with a potential to
emit an air contaminant, air cleaning devices not considered, less than that
established by the commission as de minimis for the air contaminant;
(27) "Department", the department of natural resources of the state of
Missouri;
(28) "Director", the director of the department of natural resources;
(29) "Emergency asbestos project", an asbestos project that must be
undertaken immediately to prevent imminent, severe, human exposure or to
restore essential facility operation;
(30) "Emission", the discharge or release into the atmosphere of one or
more air contaminants;
(31) "Emission control regulations", limitations on the emission of air
contaminants into the ambient air;
(32) "Friable asbestos containing material", any asbestos containing
material which is applied to ceilings, walls, structural members, piping,
ductwork or any other part of a building or other air contaminant sources and
which, when dry, may be crumbled, pulverized or reduced to powder by hand
pressure;
(33) "Inspector", an individual, under AHERA, who collects and
assimilates information used to determine whether asbestos containing
material is present in a building or other air contaminant sources;
(34) "Management planner", an individual, under AHERA, who devises and
writes plans for asbestos abatement;
(35) "Minor violation", a violation which possesses a small potential to
harm the environment or human health or cause pollution, was not knowingly
committed, and is not defined by the United States Environmental Protection
Agency as other than minor;
(36) "Nonattainment area", any area designated by the governor as a
"nonattainment area" as defined in the federal Clean 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 any agency, board, department, or bureau of
the state or federal government, or any other legal entity whatever which is
recognized by law as the subject of rights and duties;
(38) "Small business", for the purpose of sections 643.010 to 643.190, a
small business shall include any business regulated under this chapter, which
is not a class A source and which employs less than one hundred people and
emits less than fifty tons of any regulated pollutant per year and less than
seventy-five tons of all regulated pollutants or as otherwise defined by the
commission by rule.
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