Virginia Code Title 40.1. Labor and Employment § 40.1-51.23. Definitions

As used in this chapter, which may be cited as the Virginia Asbestos NESHAP Act, the following terms shall have the meanings set forth in this section unless the context requires a different meaning:

“Asbestos” means any material containing more than one percent of asbestos by weight, which is friable or which has a reasonable chance of becoming friable in the course of ordinary or anticipated building use.

“Board” means the Safety and Health Codes Board.

“Commissioner” means the Commissioner of Labor and Industry or his authorized representative.

“Department” means the Department of Labor and Industry.

“National Emissions Standards for Hazardous Air Pollutants” or “NESHAP” means those portions of the regulations contained in 40 CFR Part 61 under the federal Clean Air Act  1 which deal with the demolition and renovation of asbestos facilities. The following list of sections of the CFR are included in the Board's authority but do not limit it: §§ 61.140; 61.141; 61.145; 61.146; 61.148; 61.150, except subsection (a) (4); 61.154, except subsection (d); and 61.156.

“Owner” means any person who owns, leases, operates, controls, or supervises the facility being demolished, renovated, sprayed, or insulated; any person who owns, leases, operates, controls, or supervises the demolition, renovation, spraying, or insulation operation; or both.