014.00.08 Ark. Code R. § 032

• Library: Arkansas Administrative Code
• Edition: 2023
• Currency: Current through Register Vol. 48, No. 12, December, 2023
• Year: 2023
• Citation: 014.00.08 Ark. Code R. § 032

CHAPTER 1 : PURPOSE & AUTHORITIES

Reg.32.101. Purpose. (A) Pursuant to Arkansas Code Annotated (A.C.A.) § 8Title8-7-1301 et seq. (Act 1018 of 2007), to establish and implement a certification program to: (1) Maintain a list of Phase I consultants who meet the minimum qualifications for an environmental professional who undertakes a Phase I environmental site assessment, referred to as "all appropriate inquiry" under the Small Business Liability Relief and Brownfields Revitalization Act Pub L. No. 107-118, as it exists on January 1, 2007 or a Phase I environmental site assessment under the American Society for Testing and Materials standard E1527-05 as in effect on January 1, 2007 and (2) Require that such consultants demonstrate that they have the qualifications required to undertake such activities. (B) Pursuant to A.C.A. § 8Title8-7-1401 et seq. (Act 864 of 2007), to establish and implement a certification program to:(1) Certify contractors who choose to undertake the inspection, sampling, remediation, and removal of contaminated materials from properties contaminated through the illicit manufacture of controlled substances; (2) Require as a condition of certification that such contractors demonstrate they have qualifications required to safely undertake such activities.

Reg.32.102. Authority. A.C.A. §§ 8Title8-7-1301, et seq. (Act 1018 of 2007) and §§ 8Title8-7-1401, et seq. (Act 864 of 2007) authorize the Arkansas Pollution Control and Ecology Commission ("Commission") to adopt rules and regulations necessary for the Arkansas Department of Environmental Quality ("Department") to implement and effectuate the powers and duties of the Commission as established by the Acts.

Reg.32.103. Definitions. The following terms shall have the same meaning when used in this Regulation as established by the Act, unless the context otherwise requires: (A) "Certification and listing" means the review and approval of an individual's education and relevant experience as prescribed at § 32.301(B) of this regulation and the placement of that individual's name on the list of certified environmental professionals as required by § 32.101(A) of this regulation. (B) "Certified Clandestine Laboratory Remediation Contractor" means a firm or company that is licensed/certified by the Department pursuant to Section 4 of this regulation, and that performs investigation and remediation of residual contamination from the manufacture of controlled substances or the storage of chemicals or equipment used in the manufacture of controlled substances. (C) "Clandestine Laboratory" means a covert or secret illicit operation that uses a combination of apparatus and chemicals to make controlled substances. (D) "Commission" means the Arkansas Pollution Control and Ecology Commission. (E) "Contaminated" or "Contamination" means polluted by chemical residues so that the property is unfit for human habitation or use due to immediate or long term threats to human health or the environment. Property that at one time was contaminated but has been satisfactorily decontaminated according to procedures established by the department is not "contaminated". (F) "Contractor" means one or more individuals or commercial entities hired to perform work in accordance with the requirements of § 32.402 of this regulation. (G) "Controlled Substances" (A.C.A. § 5Definitions5-64-101(d) ) means: "a drug, substance, or immediate precursor in schedules I - VI" of the Arkansas Department of Health list of controlled substances Agency# 007.07. (H) "Department," or "ADEQ" means the Arkansas Department of Environmental Quality, or its successor. (I) "Director" means the Director of the Arkansas Department of Environmental Quality. (J) "Hazardous Substances" means a hazardous substance as defined by A.C.A. § 8Definitions8-7-503(6). (K) "HAZWOPER" means the OSHA Hazardous Waste Operations and Emergency Response course ( 29 CFR 29Hazardous waste operations and emergency response1910.120(a)(1)(i-v) and ( 29 CFR 29Hazardous waste operations and emergency response1926.65(a)(1)(i-v) ). (L) "Investigation" means the process of assessing the nature level, and/or extent of contamination of controlled or hazardous substances at a clandestine laboratory. (M) "Manufacture" (A.C.A. § 5Definitions5-64-101(m) (Repl. 1997) means the production, preparation, propagation, compounding, conversion, or processing of a controlled substance, either directly or indirectly by extraction from a substance of natural origin, or independently by means of chemical synthesis, or by a combination of extraction and chemical synthesis.(1) "Manufacture" includes any packaging or repackaging of a controlled substance or labeling or re-labeling of a controlled substance's container. (2) However, "Manufacture" does not include the preparation or compounding of a controlled substance by an individual for his or her own use, or the preparation, compounding, packaging, or labeling of a controlled substance: (a) By a practitioner as an incident to his or her administering or dispensing of a controlled substance in the course of his or her professional practice; or (b) By a practitioner, or by his or her authorized agent under his or her supervision for the purpose of, or as an incident to, research, teaching, or chemical analysis and not for sale. (N) "OSHA" means the federal Occupational Safety and Health Administration. (O) "Person" means any individual, corporation, company, firm, partnership, association, trust, joint-stock company or trust, venture, state or federal government or agency, or any other legal entity however organized. (P) "Phase I environmental site assessment" means an assessment defined as "all appropriate inquiry" under the Small Business Liability Relief and Brownfields Revitalization Act, Pub. L. No. 107-118, and the rules promulgated under that federal act or a Phase I environmental site assessment as that term is used in the American Society for Testing and Materials standard E1527-05 as in effect on January 1, 2007. (Q) "Phase I Consultant" means a person who performs a Phase I environmental site assessment for a fee or in conjunction with other services for which a fee is charged. (R) "Property" means any real or personal property, or segregable part thereof, that is involved in or affected by the unauthorized manufacture, distribution, or storage of hazardous chemicals. This includes but is not limited to single-family residences, units of multiplexes, condominiums, apartment buildings, manufactured housing, any shop, booth, garden, or storage shed, and all contents of the items referenced in this subsection. (S) "Property Owner" means the person holding fee simple title to real property. "Property Owner" also means the person holding title to a manufactured home. With respect to personal property, the term means the person who lawfully owns such property. (T) "Public agency" means any administrative body, department or agency of government which has official or quasi official status. (U) "Relevant experience" as used in defining the qualifications of environmental site assessment consultants in this Regulation, means: participation in the performance of all appropriate inquiries investigations, environmental site assessments, or other site investigations that may include environmental analyses, investigations, and remediation which involve the understanding of surface and subsurface environmental conditions and the processes used to evaluate these conditions and for which professional judgment was used to develop opinions regarding conditions indicative of releases or threatened releases to the subject property. The use of the phase "full-time" within the definition of environmental professional and the definition of relevant experience is meant to require that an individual has accumulated the equivalent of 3, 5, or 10 years of actual working experience in performing environmental site assessments. An individual may accumulate such experience over a longer length of time than the 3, 5, or 10 years, as long as the total time of accumulated experience would be the equivalent of 3, 5, or 10 years of full-time experience. Even after an individual accumulates the required number of years of fulltime experience, that individual does not have to conduct environmental site assessments, or all appropriate inquiries investigations, on a full-time basis to continue qualify as an environmental professional. (V) "Remediation" means the process of reducing the level of contamination of controlled substances below the concentrations allowed by this regulation.

CHAPTER 2 : CERTIFICATION AND LISTING...