118.01.21 Ark. Code R. 013
ARKANSAS ASBESTOS ABATEMENT RULE
The following rules of the Arkansas Pollution Control and Ecology Commission adopted pursuant to the Removal of Asbestos Material Act, (Section 3, Act 308 of 1997 codified at Arkansas Code Annotated (Ark. Code Ann.) § 20-27-1001et seq.) hereinafter referred to as "the Act" and the Arkansas Water and Air Pollution Control Act, (Section 7, Act 163 of 1993 codified at Ark. Code Ann. § 8-4-101et seq.) shall be known as the "Asbestos Abatement Rule" or "Rule 21".
The purpose of this rule is:
The provisions of this rule are applicable to all owners and operators conducting a demolition or renovation activity; persons conducting inspections, air monitoring, developing management plans, and designing and/or conducting response actions as defined herein; the management and disposal of asbestos-containing waste materials; and training providers.
"ACBM" or asbestos-containing building material means any friable and nonfriable asbestoscontaining material that is in or on interior structural members or other parts of a facility.
"ACM" or asbestos-containing material means any material that contains more than one percent (1%) of friable and/or nonfriable asbestos material.
"Adequately wetted" means sufficiently mix or penetrate with liquid to prevent the release of particulates. If visible emissions are observed coming from asbestos-containing material, then that material has not been adequately wetted. However, the absence of visible emissions is not sufficient evidence of being adequately wet.
"Aggressive air sampling" means artificially circulating the air so that fibers remain airborne during sample collection.
"AHERA" means Asbestos Hazard Emergency Response Act, published at Section 203 of Title II of TSCA, Section 15 U.S.C. 2643.
"Air analysis" means the microscopic examination of collected air samples to determine airborne fiber concentrations.
"Air monitor" means any person who collects airborne samples for analysis of asbestos fibers.
"Air monitoring" means the process of measuring the airborne fiber concentration of a specific quantity of air over a given amount of time for purposes of clearance air monitoring as prescribed by this rule. Air monitoring does not include individual personal monitoring.
"Air sampling" means the collection of units of air to determine airborne fiber concentration for purposes of clearance air monitoring as prescribed by this rule.
"Asbestos abatement consultant" means any person or other legal entity, however organized, that acts as an agent for the owner or operator in performing demolitions, renovations, air monitoring, and/or response actions which will involve, or may involve, the removal or disturbance of ACM in any facility. This does not include in-house personnel performing work associated with the performance of that person's employment
"Asbestos abatement contractor" means any person or other legal entity, however organized, that acts as an agent for the owner or operator in performing demolitions, renovations, air monitoring, and/or response actions which will involve, or may involve, the removal or disturbance of ACM in any facility. This does not include in-house personnel performing work associated with the performance of that person's employment
"Asbestos-containing waste materials" means mill tailings or any waste that contains commercial asbestos and is generated by a source subject to the provisions of this rule. This term includes filters from control devices, friable asbestos waste material, and bags or other similar packaging contaminated with commercial asbestos. As applied to demolition and renovations operations, this term also includes regulated asbestos-containing waste and materials contaminated with asbestos including disposable equipment and clothing.
"ASHARA" means Asbestos School Hazard Abatement Reauthorization Act.
"Category I nonfriable asbestos-containing material" means asbestos-containing packings, gaskets, resilient floor covering, and asphalt roofing products containing more than one percent (1%) asbestos as determined using the method specified in Appendix E, Subpart E, 40 CFR Part 763, Section 1, Polarized Light Microscopy.
"Category II nonfriable asbestos-containing material" means any material, excluding category I nonfriable ACM, containing more than one percent (1%) asbestos as determined using the methods specified in Appendix E, Subpart E, 40 CFR Part 763, Section 1, Polarized Light Microscopy that, when dry, cannot be crumbled, pulverized, or reduced to powder by hand pressure.
"Certificate" means a document issued by the Division to any person certifying that person has satisfactorily completed such asbestos training, examination (as provided in Chapter 18 of this rule), and other requirements of this rule to perform the duties of the following: Air Monitor, Contractor/Supervisor, Inspector, Management Planner, Project Designer, and Worker.
"Certification" means the status or classification of an individual who has been accredited in accordance with the EPA Model Accreditation Plan requirements and has satisfactorily met the additional State requirements described in this rule.
"Certified Industrial Hygienist (CIH)" means a person certified in the comprehensive practice of Industrial Hygiene by the American Board of Industrial Hygiene.
"Clearance air monitor" means as required by this rule, any person who measures the airborne fiber concentration of a specific quantity of air over a given amount of time at the conclusion of any demolition, renovation, or asbestos response action for which containment was utilized.
"Commercial asbestos" means any material containing asbestos that is extracted from ore and has value because of its asbestos content.
"Commission" means the Arkansas Pollution Control and Ecology Commission.
"Consent Administrative Order (CAO)" means an administrative order entered into by consent of the parties, including the Division.
"Containment" means a system installed by the owner or operator designed to minimize or eliminate the risk of the release of asbestos fibers from the work area to adjacent areas not involved in the project.
"Contractor/Supervisor" means any person who supervises the following activities with respect to friable ACM in a facility: a response action other than a SSSD activity, a maintenance activity that disturbs friable ACM, or a response action for a major fiber release episode and meets the certification requirements of this rule.
"Cutting" means to penetrate with a sharp-edged instrument and includes sawing, but does not include shearing, slicing, or punching.
"Demolition" means the wrecking or taking out of any load-supporting structural member of a facility together with any related handling operations or intentional burning of a facility.
"Division" means the Division of Environmental Quality or its successor.
"Director" means the Director of the Division of Environmental Quality or its successor, acting directly or through the staff of the Division.
"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.
"Encapsulation" means the coating of ACM with a bonding or sealing agent to prevent the release of airborne fibers.
"EPA" means the United States Environmental Protection Agency.
"Facility" means any institutional, commercial, public, industrial, school, 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 this rule is not excluded, regardless of its current use or function.
"Facility component" means any part of a facility, including equipment.
"Friable asbestos-containing building material (ACBM)" means any friable asbestoscontaining material that is in or on interior structural members or other parts of a school, public building, or commercial building.
"Friable asbestos material" means any material containing more than one percent (1%) asbestos as determined by using the method specified in Appendix E, Subpart E, 40 CFR 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% as determined by a method other than point counting by Polarized Light Microscopy (PLM), verify the asbestos content by point counting using PLM. The term includes nonfriable asbestos-containing material after such previously nonfriable material becomes damaged to the extent that when dry it may be crumbled, pulverized, or reduced to powder by hand pressure.
"Glovebag" means a sealed compartment with attached inner gloves used for the handling of asbestos-containing materials. Properly installed and used, glovebags provide a small work area enclosure typically used for small-scale short-duration asbestos stripping operations.
Information on glovebag installation, equipment and supplies, and work practices is contained in the Occupation Safety and Health Administration's (OSHA's) final rule on occupational exposure to asbestos (29 CFR 1926.1101).
"Grinding" means to reduce to powder or small fragments and includes mechanical chipping or drilling.
"HEPA" means High Efficiency Particulate Air (filter).
"HVAC System" means heating, ventilation, and air conditioning system.
"Individual" means any natural person.
"In poor condition" means the binding of the material is losing its integrity as indicated by peeling, cracking, or crumbling of the material.
"Inspection" means an activity undertaken in a facility to determine the presence or location, or to assess the condition, of friable or nonfriable ACM or suspect ACM, whether by visual or physical examination or by collecting samples of such material. This term includes reinspection of friable and nonfriable ACM, known or assumed, which has been previously identified. This definition does not apply to the following:
"Inspector" means any individual who inspects for ACM in a facility and meets the certification requirements of this rule.
"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).
"Leak-tight" means solids or liquids cannot escape or spill out. It also means dust-tight.
"License" means a document issued by the Division to an Asbestos Abatement Contractor, Asbestos Abatement Consultant, or Training Provider who meets the criteria for licensing described in this rule.
"Major fiber release episode" means any uncontrolled or unintentional disturbance of ACM, resulting in a visible emission, which involves the falling or dislodging of more than three square or linear feet of friable ACM.
"Management planner" means any person who prepares management plans for a school and and who meets the certification requirements of this rule.
"Management plan" means a formal written procedure for appropriate actions for surveillance and management of ACM.
"MAP" means a Model Accreditation Plan pursuant to the Asbestos Model Accreditation, Plan; Interim Final Rule, published at 40 CFR, Part 763, Appendix C to Subpart E as of October 13, 2005.
"Minor fiber release episode" means any uncontrolled or unintentional disturbance of ACM, resulting in a visible emission, which involves the falling or dislodging of three square or linear feet or less of friable ACM.
"NESHAP" means National Emission Standards for Hazardous Air Pollutants as found in 40 CFR Part 61 as of May 19, 2009.
"Nonfriable asbestos-containing material" means any material containing more than one percent (1%) asbestos as determined using the method specified in Appendix E, Subpart E, 40 CFR Part 763, Section 1, Polarized Light Microscopy, that when dry, cannot be crumbled, pulverized, or reduced to powder by hand pressure.
"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.
"Notice of Deficiency (NOD)" means a written document which identifies deficiencies in a Notice of Intent.
"Notice of Intent (NOI)" means a written notice to the Division which provides detailed information concerning renovations of RACM and all demolitions.
"Notice of Violation (NOV)" means a written notification to a person of alleged violations. The notice of violation (NOV) initiates an administrative enforcement action.
"Outside air" means the air outside buildings and structures including but not limited to, the air under a bridge or in an open air ferry dock.
"Owner or operator of a demolition or renovation activity" means any person who owns, leases, operates, controls, or supervises the facility being demolished or renovated or any person who owns, leases, operates, controls, or supervises the demolition or renovation operation, or both.
"Particulate asbestos material" means finely divided particles of asbestos or material containing asbestos.
"Penetrating encapsulant" means a liquid material applied to RACM to control airborne fiber release by penetrating into the material and binding the fibers together.
"Permitted landfill" means a waste disposal facility in Arkansas which has received a permit from the Division, authorizing the receipt and disposal of certain waste materials under the provisions of the Arkansas Solid Waste Management Code.
"Person or Persons" means any individual, corporation, or other legal entity.
"Phase contrast microscopy (PCM)" means the method of analyzing air samples published at the National Institute for Occupational Safety and Health (NIOSH), Method 7400, issue 2 entitled AASBESTOS and OTHER FIBERS by PCM" published in the NIOSH Manual of Analytical Methods, Fourth Edition, August 15, 1994.
"Planned renovation operations" means a renovation operation, or a number of such operations, in which some RACM 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.
"Project designer" means any person who designs the following activities with respect to friable ACM in a facility: a response action other than a small-scale short-duration activity, a maintenance activity that disturbs friable ACM other than a small-scale short-duration maintenance activity, or a response action for a major fiber release episode and meets the certification requirements of this rule.
"Regulated asbestos-containing material (RACM)" means
"Remove" means to take out RACM or facility components that contain or are covered with RACM from any facility.
"Renovation" means altering a facility or any 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.
"Resilient floor covering" means asbestos-containing floor tile, including asphalt and vinyl floor tile, and sheet vinyl floor covering containing more than one percent (1%) asbestos as determined using polarized light microscopy according to the method specified in Appendix E, Subpart E, 40 CFR Part 763, Section 1, Polarized Light Microscopy, as of June 19, 1995.
"Response action" means a method, including removal, encapsulation, enclosure, repair, and operation and maintenance, that protects human health and the environment from friable ACM.
"School" means any elementary or secondary school as defined in Section 198 of the Elementary and Secondary Act of 1965 ( 20 U.S.C. 2854).
"Small-scale short-duration activities (SSSD)" means:
"Strip" means to take off RACM from any part of a facility or facility component.
"Suspect building material" means any building material which the inspector considers may contain asbestos.
"Thorough inspection" means an inspection which:
"Training day" means a day consisting of eight consecutive hours (including lunch and breaks) in which an approved training course is conducted.
"Training provider" means any person or other legal entity, however organized, who conducts some or all of the training programs for asbestos professional disciplines which are regulated in this rule and meets the licensing requirements of this rule.
"Transmission electron microscopy (TEM)" means a method of analyzing air samples and bulk samples through the use of a transmission electron microscope operated under procedures listed in 40 CFR, Part 763, Subpart E, Appendix A (AHERA), as of June 19, 1995. The transmission electron microscope utilizes an electron beam that is focused onto a thin sample.
"Visible emissions" means any emissions which are visually detectable without the aid of instruments, coming from any RACM or asbestos-containing waste material. This does not include uncondensed water vapor.
"Waste generator" means any owner or operator of a source covered by this rule whose action or process produces asbestos-containing waste materials.
"Waste shipment record" means the shipping documents required to be originated and signed by the waste generator, and used to track and substantiate the disposition of asbestos-containing waste material.
"Working days" means the days Monday through Friday, including any holidays which fall on any of the days Monday through Friday.
"Worker" means any person who meets the certification requirements of this rule and carries out any of the following activities with respect to friable ACM in a facility: a response action other than a SSSD activity, a maintenance activity that disturbs friable ACM other than a SSSD activity, or a response action for a major fiber release.
The owner or operator of a demolition, renovation, or response action shall conduct, or have conducted, a thorough inspection of the affected facility or part of the facility for the presence of asbestos including category I and category II nonfriable asbestos prior to the commencement of the demolition, renovation, or response action.
A project design is required prior to renovation, demolition, or response action that is not a SSSD or minor release episode that involves RACM. The project design must be a written document, specific to the job in question. A copy must be maintained at the job site and be made available to Division employees upon request.
A person must meet the licensing and/or certification provisions of this rule prior to engaging in renovations, demolitions, or response activities involving RACM including, but not limited to, the following:
For any demolition of a facility or facility component (even if no asbestos is present), the owner or operator shall submit a written NOI to the Division by either hand delivery, postmarked by U.S. Postal Service, or post-marked by a commercial delivery service at least 10 working days before any demolition activity begins. Such notice must be accompanied by the required fee which is described in Chapter 22 of this rule.
For any facility being demolished under order of a State or local government agency, issued because the facility is structurally unsound and in danger of imminent collapse, the owner or operator shall submit a written NOI to the Division by either hand delivery, postmarked by U.S. Postal Service, or commercial delivery service as early as possible before, but not later than one working day following commencement of demolition. Such notice shall be accompanied by the required fee which is described in Chapter 22 of this rule.
For the activities listed below, the owner or operator shall submit a NOI to the Division by either handdelivery, postmarked by U.S. Postal Service, or post-marked by commercial delivery service at least 10 working days before asbestos stripping, removal work, or any other activity begins (such as site preparation that would break up or dislodge or similarly disturb asbestoscontaining material). Such notice must be accompanied by the required fee which is described in Chapter 22 of this rule.
For planned renovation operations involving individual, nonscheduled operations of a combined additive amount of RACM to be removed or stripped during a calendar year in the amounts of at least 80 linear meters (260 linear feet) of pipe, at least 15 square meters (160 square feet) on other facility components, or at least one cubic meter (35 cubic feet) of facility components where the length or area could not be measured previously, the owner or operator shall submit a written NOI to the Division by either hand delivery, post-marked by the U.S. Postal Service, or post-marked by a commercial delivery service by December 21 for the upcoming calendar period of January 1 through December 31. This notice must be accompanied by the required fee which is described in Chapter 22 of this rule. To determine whether this paragraph applies to planned operations involving nonscheduled operations, the owner or operator shall predict the combined additive amount of RACM to be removed or stripped during a calendar year of January 1 through December 31.
For emergency renovation operations involving a sudden, unexpected event that is not a SSSD or minor fiber release episode, the owner or operator shall submit a written NOI to the Division by either hand delivery, postmarked by the U.S. Postal Service, or postmarked by a commercial delivery service as early as possible, but not later than the following working day. Such notice must be accompanied by the required fee which is described in Chapter 22 of this rule.
All written NOI's shall be submitted on a form provided by the Division and shall include the following:
The Division shall review all notifications for accuracy and completeness. Notifications which are incomplete or do not otherwise meet the notification requirements of this chapter shall:
An owner or operator who has already submitted a NOI shall notify the Division, as necessary, (1) when the beginning date for prepping and/or removal has changed and/or (2) when the amount of asbestos affected changes by at least 20%. The owner or operator shall also provide, in writing, the reason(s) for the change. Changes shall be submitted in letter form or on a revised notification form with the required fee which is described in Chapter 22 of this rule. Delivery of the updated notice by the U.S. Postal Service, commercial delivery service, or hand delivery is required.
An owner or operator who has already submitted a NOI shall notify the Division of the following changes. These changes may be submitted by phone or fax. There will be no fee for these submittals.
Changes in operator will require the submittal of a new NOI with a new notification period and a new fee as described in Chapter 22 of this rule.
Training Providers licensed pursuant to this rule shall:
The owner or operator shall keep at the site:
The owner or operator shall keep at the site copies of any written approval issued by the Division such as prior written approval from the Director to allow the owner or operator to not use wetting where it would cause unavoidable damage to equipment or present a safety hazard or to use an alternate collection device. The owner or operator shall also be required to keep copies of the recorded temperature for the area containing the facility components for the beginning, middle, and end of each workday for any period during which wetting operations were suspended due to freezing temperatures.
The owner or operator shall make available upon request by the Division any information related to a site, including, but not limited to, the information as set forth at Rule 21.701 above.
Copies of all items listed in Rule 21.701 and Rule 21.702 shall be kept by the owner and operator for a minimum of two years from the date the regulated activity ended.
Demolition, renovations, or response actions, involving RACM, and which are not a SSSD or a minor fiber release episode shall be conducted by persons licensed or certified in accordance with this rule, unless expressly excluded by this rule.
Each owner or operator of any RACM demolition or any renovation impacting at least 80 linear meters (260 linear feet) of RACM on pipes or at least 15 square meters (160 square feet) of RACM on other facility components, or at least 1 cubic meter (35 cubic feet) of RACM where the length could not be measured previously shall comply with the following work procedures.
The owner or operator shall dispose of RACM from all demolitions and all renovations involving projects of at least 80 linear meters (260 linear feet) on pipes or at least 15 square meters (160 square feet) on other facility components, or at least one cubic meter (or 35 cubic feet) where the length could not be measured previously in accordance with the following work procedures:
Mark vehicles used to transport asbestos-containing waste material during the loading and unloading of the waste so that the signs are visible. The markings must be displayed in such a manner and location that a person can easily read the legend; conform to the requirements for 51 centimeters (cm) X 36 cm (20 inches (in) X 14 in) upright format signs specified in 29 CFR 1910.145(d)(4) and this paragraph; and display the following legend in the lower panel with letter sizes and styles of a visibility at least equal to those specified in this paragraph.
Legend:
DANGER
ASBESTOS DUST HAZARD
CANCER AND LUNG DISEASE HAZARD
Authorized Personnel Only
Notation:
2.5 cm (1 in) Sans Serif, Gothic or Block
2.5 cm (1 in) Sans Serif, Gothic or Block
1.9 cm (3/4 in) Sans Serif, Gothic or Block
14 Point Gothic
Spacing between any two lines must be at least equal to the height of the upper of the two lines.
Each owner or operator of a facility shall dispose of RACM from all demolitions and all renovations involving projects of at least 80 linear meters (260 linear feet) on pipes or at least 15 square meters (160 square feet) on other facility components, or at least 1 cubic meter (35 cubic feet) where the length could not be measured previously in a manner to comply with the following work procedures. As applied to demolitions and renovations, the requirements of this section do not apply to category I nonfriable ACM waste and category II nonfriable ACM waste that did not become crumbled, pulverized, or reduced to powder.
Asbestos-containing waste materials covered by this paragraph must be shipped via leak-tight containers, wrapping, or bulk shipping device.
The generator shall:
Standards for designated waste disposal sites:
Licenses shall be issued to Asbestos Abatement Contractors, Asbestos Abatement Consultants and Training Providers. Such licenses shall be issued for a period not to exceed 12 months.
Any Asbestos Abatement Contractor, Asbestos Abatement Consultant or Training Provider may apply for the renewal of a license issued by the Division. Such renewals are valid for a period not to exceed 12 months.
The Division shall assess an annual fee for all initial licenses and for all renewals of licenses. The amounts of such fees, listed in Chapter 22 of this rule, shall be determined by the Division
Persons who do not maintain offices in the state of Arkansas and who perform work in this state as an Asbestos Abatement Contractor, Asbestos Abatement Consultant or Training Provider, as defined in this rule, are subject to the licensing and certification requirements of the Act and this rule.
The permanent employee described in Rule 21.1205(B) shall:
Initial application for licenses shall be made to the Division and shall include the following:
Initial applications for licenses of approved Training Providers shall be made to the Division and shall include the following:
Training providers who do not supply the certification described in Rule 21.1401(C) of this Section but wish to be licensed to teach the course under this rule shall submit in addition to the information required by Rule 21.1401 (A), (B), (D), (E), (F) and (G), the following:
The following minimum information is required for approval of refresher training courses by the State of Arkansas:
Any person seeking certification in the discipline of Air Monitor, Contractor/Supervisor, Inspector, Management Planner, Project Designer, or Worker shall provide the Division with the following:
Except as provided in Rule 21.1205, Certified Air Monitors, Contractor/Supervisors, Inspectors, Management Planners, Project Designers, and Workers shall work under the supervision of a facility or firm licensed as a Contractor or Consultant pursuant to the provisions of this rule.
Certificates issued by the Division shall remain valid for a period of one year from date of training unless suspended or revoked pursuant to Chapter 21 of this rule.
Asbestos Abatement Contractors and Asbestos Abatement Consultants shall submit the following in order to renew their licenses:
Asbestos Training Providers shall submit the following in order to renew their licenses:
Air Monitors, Contractor/Supervisors, Inspectors, Management Planners, Project Designers, and Workers shall submit the following in order to renew their certification status:
Any license or certificate holder who allows a license or certificate to expire shall not conduct asbestos-related work subject to the requirements of this rule until all renewal requirements have been met and a new license or certificate has been issued by the Division.
Any license or certificate holder may complete the appropriate refresher course within 12 months of the expiration of the license or certificate without being required to comply with the initial training requirements.
Formal training for licensing and certification, which is intended to meet the training requirements of the Act and this rule, may be conducted by any educational institution, business entity, or individual that is licensed as a Training Provider pursuant to this rule.
Each initial training course for each discipline taught shall meet the requirements of the MAP and this rule including the course content as outlined at Chapter 19 of this rule and the following minimum requirements:
Each discipline shall have its own separate and distinct training course and shall not be combined with any other training courses unless otherwise specified herein.
A member of the licensed training provider staff must be present at all times during the written examination.
Provisions shall be made to allow a representative of the Division to attend one or more presentations of any course conducted by a licensed training provider, without payment of any associated fees. This attendance shall be for the purpose of determining compliance with this rule and the correctness of the information being presented. The Director may revoke, suspend, or deny the application of any training license on the basis of findings resulting from this attendance.
Individuals who have successfully completed approved training courses conducted by a training provider not licensed in accordance with this rule, or who received training by an Arkansas licensed training provider where the items listed in Rule 21.1907 were not taught, shall attend a two hour awareness training course to learn about Arkansas asbestos regulatory requirements and policies. Such awareness training shall be conducted by a training provider which has been licensed in accordance with this rule.
All licensed training providers must comply with the following minimum record keeping requirements:
The topic and dates of the training course must correspond to those listed on that person's accreditation certificate.
The licensed training provider shall maintain the records in a manner that allows verification by telephone of the information required in (1)-(6).
Each individual who successfully completes the requirements of a training course shall be presented with an accreditation certificate which contains the following information:
The Worker training course shall adequately address the following topics:
The Contractor/Supervisor training course shall adequately address the following topics:
The Inspector training course shall adequately address the following topics:
The Management Planner training course shall adequately address the following topics:
The Project Designer training course shall adequately address the following topics:
The Air Monitor training course shall adequately address the following topics:
Arkansas regulatory awareness training course is a 2-hour course for individuals who have successfully completed an ASHARA-approved training course conducted by a training provider not licensed in accordance with this rule. The course shall address, at a minimum, the following topics:
Asbestos abatement Contractor/Supervisors, Inspectors, Management Planners, Project Designers, and Workers shall annually attend a refresher training course for reaccreditation in their respective disciplines, with the exception that Air Monitors will receive the refresher training through the Contractor/Supervisors training course.
After completing the annual refresher course, each person shall be eligible to apply to the Division to have his or her State of Arkansas certification renewed in accordance with Chapter 16 of this rule.
The minimum length for each refresher course for each discipline shall be as follows:
Each refresher training course shall, at a minimum, address the following:
Refresher courses shall be conducted as separate and distinct courses and shall not be combined with any other training during the period of the refresher course.
The Division may deny the application, suspend or revoke the license or certification of Asbestos Abatement Contractors, Asbestos Abatement Consultants, Air Monitors, Contractor/Supervisors, Inspectors, Management Planners, Project Designers, or Workers for reasons including, but not limited to, the following:
The following persons are not accredited for purposes of this rule:
Training course approval or Training Provider licensing may be revoked for the following reasons:
In order to support the costs of operating the asbestos program in the state of Arkansas, the Division will assess the fees as described in this section.
Any Asbestos Abatement Consultant desiring a license to conduct asbestos abatement activities will be assessed an annual fee of $375.
Any Asbestos Abatement Contractor desiring a license to conduct asbestos abatement activities will be assessed an annual fee of $375.
Any Training Provider desiring a license to conduct asbestos training courses will be assessed an annual fee of $375.
Any person desiring certification as an Air monitor will be assessed an annual fee of $115.
Any person desiring certification as a Contractor/Supervisor will be assessed an annual fee of $115.
Any person desiring certification as an Inspector will be assessed an annual fee of $115.
Any person desiring certification as a Management Planner will be assessed an annual fee of $115.
Any person desiring certification as a Project Designer will be assessed an annual fee of $115.
Any person desiring certification as a Worker will be assessed an annual fee of $25.
Any person desiring certification in two or more disciplines, including Air Monitor, Contractor/Supervisor, Inspector, Management Planner, or Project Designer will be assessed a $115 fee for the first certificate and a $55 fee for each additional discipline within the same twelve month period.
Any person requesting a replacement for any stolen, lost, or destroyed certification or license shall be assessed a fee of $15.
Any person desiring processing of certificates to be completed within thirty-six hours of submission to the Division will be assessed an expedited processing fee of $50.
Any NOI involving demolition of a facility as described in Rule 21.601 and Rule 21.602 which contains greater than one square/one linear foot of ACM shall be accompanied by a fee of $75. There is no fee for a NOI involving demolition of a facility that contains one square/one linear foot of ACM or less.
Any NOI involving demolition of a facility as described in Rule 21.601 and Rule 21.602 which contains 160 square/260 linear feet or more of RACM shall be accompanied by a fee of $375.
RESERVED
RESERVED
Any NOI involving renovation of a facility as described in Rule 21.603 which contains 160 square/260 linear to 5,000 square/5,000 linear feet of RACM shall be accompanied by a fee of $225.
Any NOI involving renovation of a facility as described in Rule 21.603 which contains 5001 square/linear to 10,000 square/10,000 linear feet of RACM shall be accompanied by a fee of $375.
Any NOI involving renovation of a facility as described in Rule 21.603 which contains more than 10,000 square/10,000 linear feet of RACM shall be accompanied by a fee of $750.
Any NOI involving emergency renovation operations as described in Rule 21.605 shall be accompanied by a fee of $225.
Any NOI for a twelve-month notice as described in Rule 21.604 shall be accompanied by a fee of $1,125.
Any revision of an original NOI as described in Rule 21.608 shall be accompanied by a submittal fee of $50.
The Director, or his/her designee, shall review applications for initial Asbestos Abatement Contractor and Asbestos Abatement Consultant licenses and renewals thereof based upon a satisfactory submittal of the following:
The Director, or his/her designee, shall review applications for initial certificates and renewals thereof based upon Chapters 15 and 16 of this rule and any other information the Director, or his/her designee, deems relevant to determine whether such application shall be approved or denied.
The Director, or his/her designee, shall review applications for the initial training provider licenses and renewals based upon Chapters 15 and 16 of this rule and any other information the Director, or his/her designee, deems relevant to determine whether such application shall be approved or denied.
The Director, or his/her designee, shall set forth to the applicant in writing the basis for a decision to disapprove an application for a license, certificate, renewal, or revocation. Any denial, disapproval, or revocation by the Director, or his/her designee, may be appealed as provided in the Commission's Rule Number 8, Administrative Procedures.
To establish minimum performance standards for the abatement of ACM under the Act, specific regulations promulgated by the EPA in 40 CFR Part 61, Subpart M (National Emissions Standards for Hazardous Air Pollutants) are hereby adopted as provisions of the rule as though set forth herein line for line and word for word with the exception that all reference therein to the "Administrator" shall be considered as reference to the "Director of the Division of Environmental Quality," and all reference to the "United States Environmental Protection Agency" shall be considered a reference to the "Division of Environmental Quality"; further, the effective date of provisions adopted herein by reference as provisions of this rule shall be the date such provisions are specified as being effective by the Commission in its rulemaking, and the effective date of the Federal regulations adopted herein shall have no bearing on the effective date of any provisions of this rule. The following Federal regulations are hereby adopted from Title 40, Code of Federal Regulations, Part 61, Subpart M:
All are as adopted as final rules by the EPA on or before December 14, 2000 and Appendix C of Title 40, Code of Federal Regulations, Part 763, Subpart E as adopted as interim final rule by the United States Environmental Protection Agency on or before February 3, 1994. The Commission, within 180 days after the date of promulgation of any new or revised Federal regulations pertaining to National Emissions Standards for Hazardous Air Pollutants or the TSCA Asbestos Model Accreditation Plan, shall conduct rulemaking with reference to this rule to adopt such provisions. Such new or revised federal regulations, upon the date of their publication as final rules of the EPA, shall constitute minimum guidelines to the Commission in formulating rulemaking proposals to this rule but shall not be construed to limit or to interfere with the adoption of provisions more stringent than Federal regulations.
As provided in Section IV of the Act, an aggrieved party to any action taken under the authority of the Act of this rule by the Director of the Division, with respect to licenses and certificates, shall have rights of redress as provided in Part I of the Arkansas Water and Air Pollution Control Act, as amended, including but not limited to, Ark. Code Ann. § 8-4-218 and the Arkansas Pollution Control and Ecology Commission Rule No. 8.
RESERVED
RESERVED
This rule is effective 10 days after filing with the Secretary of State, the State Library and the Bureau of Legislative Research.
118.01.21 Ark. Code R. 013