11-503

§11-503-1
HAWAII 	ADMINISTRATIVE 	RULES
TITLE 	11
DEPARTMENT OF 	HEALTH
CHAPTER 	503
FEES 	FOR ASBESTOS 	REMOVAL AND 	CERTIFICATION
§11-503-1
§11-503-2
§11-503-3
Definitions
Fee 	requirement
Fee 	schedules 	for 	notifications,
accreditation, 	certification, 	and
registration
§11-503-1 	Definitions. 	As 	used 	in 	this 	chapter:
11 ACM 11 	means 	asbestos-containing 	material.
"Asbestos-containing 	material" 	means 	any 	material
or 	product 	which 	contains 	more 	than one 	per 	cent
asbestos.
"Asbestos 	contractor" 	means 	any person 	or
contracting 	firm possessing 	a 	valid 	asbestos 	contractor
license 	pursuant 	to 	chapter 	16-77, 	Hawaii
Administrative 	Rules.
"Category 	I 	nonfriable 	ACM" 	means 	asbestos-
containing packings, 	gaskets, 	resilient 	floor 	covering,
and 	asphalt 	roofing 	products 	containing more 	than 	one
per 	cent 	asbestos 	as 	determined 	using 	the 	method
specified 	in 	40 	CFR 	Part 	763, 	Subpart 	F, 	Appendix A,
Section 	I, 	as 	referenced 	in 	section 	11-501-3.
"Category 	II 	nonfriable ACM" 	means 	any 	material,
excluding 	category 	I 	nonfriable 	ACM, 	containing 	more
than 	one 	per 	cent 	asbestos 	as 	determined 	using 	the
methods 	specified 	in 	40 	CFR 	Part 	763, 	Subpart 	F,
Appendix A, 	Section 	I, 	as 	referenced 	in 	section 	11-501-
3, 	that, 	when 	dry, 	cannot 	be 	crumbled, 	pulverized, 	or
reduced 	to 	powder 	by hand 	pressure.
"Contractor/Supervisor" 	means 	any 	abatement 	worker
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who 	has 	been 	certified by 	the 	department 	under 	these
rules 	to 	ensure 	that 	abatement 	projects 	are 	conducted
in 	accordance 	with 	Federal 	and 	State 	requirements.
"Demolition" 	means 	the 	wrecking, 	taking 	out 	or
intentional 	burning 	of 	any 	load-supporting 	structural
member 	of 	a 	facility 	together 	with 	any 	related 	handling
operations.
"Department" 	means 	the 	department 	of 	health, 	State
of 	Hawaii.
"Director" 	means 	the 	director 	of 	the 	department 	of
health, 	State 	of 	Hawaii, 	or 	the 	director's 	duly
authorized 	agent.
"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 	residences 	or 	residential
cooperatives 	that 	have 	four 	or 	fewer 	total 	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 	federal 	requirements 	pursuant 	to 	40 	CFR 	Part 	61,
Subpart 	M, 	is 	not 	excluded, 	regardless 	of 	its 	current
use 	or 	function.
"Facility component" 	means 	any part 	of 	a 	facility,
including 	equipment, 	boilers, 	pipes, 	furnaces, 	ducts,
tanks, 	reactors, 	turbines, 	or 	structural 	members.
"Friable 	asbestos 	material" 	means 	any 	material
containing 	more 	than 	one 	per 	cent 	asbestos 	as
determined 	using 	the 	method 	specified 	in 	40 	CFR 	Part
763, 	Subpart 	F, 	Appendix A, 	Section 	I, 	as 	referenced 	in
section 	11-501-3, 	that, 	when 	dry, 	can be 	crumbled,
pulverized, 	or 	reduced 	to 	powder 	by hand pressure.
These 	include 	sprayed-on 	or 	troweled-on 	fireproofing,
acoustic 	ceiling material 	and 	ceiling 	tiles, 	linoleum
and 	linoleum backing, 	thermal 	system 	insulation, 	non-
asphalt-saturated 	roofing 	felts, 	asbestos-containing
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paper, 	and 	joint 	compound. 	Materials 	that 	have 	been
rendered 	to 	a 	crumbled, 	pulverized, 	or powdered 	state,
when 	dry, 	by 	crushing, 	sanding, 	sawing, 	shot-blasting,
or 	other 	demolition 	or 	renovation 	techniques 	are
friable, 	which 	include 	category 	I 	non-friable 	asbestos
containing material. 	Materials 	in which 	the 	asbestos
fibers 	are 	bound 	into 	a 	matrix 	that 	have 	been 	rendered
to 	a 	crumbled, 	pulverized, 	or powdered 	state, 	when 	dry,
by 	crushing, 	sanding, 	sawing, 	shot-blasting, 	severe
weathering, 	or 	other 	demolition or 	renovation
techniques 	are 	friable, 	which 	include 	category 	II
nonfriable ACM.
"Inspector" 	means 	a 	person 	certified 	to 	identify
asbestos-containing 	building 	material 	and 	to 	assess 	its
physical 	condition.
"Management 	planner" 	means 	any person 	certified 	to
use 	data 	gathered 	by 	inspectors 	to 	assess 	the 	current
or 	potential 	hazard 	posed by 	asbestos-containing
material, 	to 	determine 	the 	appropriate 	response
actions, 	and 	to 	develop 	a 	schedule 	for 	implementing
these 	response 	actions.
"Notification" 	means 	submittal 	of 	a 	notice 	of
intent 	to 	conduct 	demolition 	or 	renovation 	in
facilities 	pursuant 	to 	section 	11-501-7. 	For 	purposes
of 	this 	definition, 	a" notificationn 	shall 	be 	limited
to 	each 	individual 	project 	and 	shall 	extend no 	further
than 	the 	premise 	boundaries.
"Project 	designer" 	means 	a 	person who 	is 	certified
to 	determine 	how 	asbestos 	abatement 	work 	should be
conducted.
"Project 	monitor" 	means 	a 	person who 	is 	certified
to 	take 	air 	clearance 	samples, 	perform visual
inspections 	of 	the 	job-site 	and 	ensure 	compliance 	with
specifications 	and 	regulations.
11 RACM 11 	means 	regulated 	asbestos-containing
material.
"Regulated asbestos-containing 	material" 	means:
(1) 	Friable 	asbestos 	material;
(2) 	Category 	I 	nonfriable 	ACM 	that 	has 	become
friable;
(3) 	Category 	I 	nonfriable ACM 	that 	will 	be 	or 	has
been 	subjected 	to 	sanding, 	drilling,
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grinding, 	cutting, 	abrading, 	or 	any 	other
activity 	that 	may 	render 	the 	material
friable; 	or
(4) 	Category 	II 	nonfriable 	ACM 	that 	may become 	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 	regulated 	by 	this
chapter.
"Renovation" 	means 	altering 	a 	facility 	of 	one 	or
more 	facility 	components 	in 	any way, 	including 	the
stripping 	or 	removal 	of 	RACM 	from 	a 	facility 	component.
Operations 	in which 	load-supporting 	structural 	members
are 	wrecked 	or 	taken 	out 	are 	demolitions.
"Removal" 	means 	to 	take 	out 	RACM 	or 	facility
components 	that 	contain 	or 	are 	covered with 	RACM 	from
any 	facility.
"Training provider" 	means 	one 	who 	is 	accredited 	to
provide 	training 	courses 	pursuant 	to 	Chapter 	504.
"Worker" 	means 	any person who 	is 	certified 	by 	the
department 	to 	engage 	in 	abatement 	activities.
[Ef f 	FEB 	J 5 2001 	] 	(Auth: 	HRS 	§342P) 	(Imp: 	40 	CFR
Part 	61)
§11-503-2 	Fee 	requirement. 	(a) 	All 	entities
performing 	demolition 	or 	renovation 	in 	facilities 	shall
pay 	fees 	as 	set 	forth 	in 	§11-503-3.
(b) 	All 	workers, 	contractor/supervisors,
inspectors, 	management 	planners, 	project 	designers,
project 	monitors 	who 	become 	certified, 	training
providers 	who 	become 	accredited, 	and 	asbestos
contractors 	and 	laboratories 	that 	register 	with 	the
State 	of 	Hawaii 	shall 	pay 	fees 	as 	set 	forth 	in 	§11-503-
3 ,
(c) 	All 	fees 	shall 	be 	submitted with 	notification
or 	application 	for 	accreditation, 	certification 	and
registration. 	All 	notification, 	accreditation,
certification, 	and 	registration 	fees 	collected pursuant
to 	this 	chapter 	shall 	be 	made 	payable 	to 	the 	"State 	of
Hawaii 	Asbestos 	and 	Lead 	Special 	Fund" 	and 	are 	non-
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refundable.
(d) 	Checks 	returned 	for 	any 	reason 	(e.g.
insufficient 	funds, 	closed 	account, 	etc.) 	shall 	be
considered a 	failure 	to 	pay. 	Returned 	checks 	are
subject 	to 	an 	additional 	charge.
(e) 	Checks 	returned 	for 	any 	reason 	will 	cause 	a
delay 	in 	accreditation, 	certification or 	registration.
Accreditation, 	certification or 	registration 	will 	be
conferred when 	the 	fee 	and 	any 	additional 	charges 	are
paid. 	[Eff 	FEB 15 	1 ] 	(Auth: 	HRS 	§342P-28)
(Imp: 	HRS 	§342P-28)
§11-503-3 	Fee 	schedules 	for 	notifications,
accreditation, 	certification, 	and 	reoistration.
The 	fee 	schedule 	for 	demolition 	and 	renovation
notifications 	shall 	be 	as 	follows:
Quantity 	of 	RACM 	to be 	Disturbed
Demolition Only-No 	Asbestos
Greater 	than 	or 	equal 	to 	260 	linear, 	160
square, 	or 	35 	cubic 	feet, 	but 	less 	than 	500
linear, 	square, 	or 	cubic 	feet
Greater 	than 	or 	equal 	to 	500 	linear, 	square
or 	cubic 	feet, 	but 	less 	than 	1000 	linear,
square, 	or 	cubic 	feet
Greater 	than 	or 	equal 	to 	1000 	linear, 	square
or 	cubic 	feet, 	but 	less 	than 	2500 	linear,
square, 	or 	cubic 	feet
Greater 	than 	or 	equal 	to 	2500 	linear, 	square,
or 	cubic 	feet, 	but 	less 	than 	5000 	linear,
square, 	or 	cubic 	feet
503-5
( a)
Fee
$ 	50
$ 	100
$ 	225
$ 	300
$ 	375

Greater 	than 	or 	equal 	to 	5000 	linear, 	square 	$ 	450
or 	cubic 	feet, 	but 	less 	than 	10,000 	linear,
square, 	or 	cubic 	feet
Greater 	than 	10,000 	linear, 	square, 	or 	cubic 	$ 	525
feet
Revision 	to 	or 	cancellation of 	Notifications 	$ 	10
(b) 	The 	annual 	fee 	for 	accreditation 	of 	training
providers 	shall 	be 	$1000.
(c) 	The 	fee 	schedule 	for 	certification 	shall 	be
as 	follows:
Annual
Initial 	Renewal
Worker 	$ 	60.00 	$30.00
Contractor/Supervisor 	100.00 	50.00
Project 	Designer 	300.00 	150.00
Project 	Monitor 	150.00 	75.00
Inspector 	200.00 	100.00
Management 	Planner 	50.00 	25.00
Maximum annual 	fee 	for 	any 	individual: 	Initial 	$375.00
Renewal 	$175.00.
(d) 	The 	annual 	fee 	for 	registration 	shall 	be 	as
follows:
Asbestos 	contractor
Laboratory
$200.00
$100.00.
[Eff 	FEB 	I 5 2001 	(Auth: 	HRS 	§342P-28)
§342P-28)
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(Imp: 	HRS