014.09.97 Ark. Code R. § 003

• Library: Arkansas Administrative Code
• Edition: 2023
• Currency: Current through Register Vol. 48, No. 12, December, 2023
• Citation: 014.09.97 Ark. Code R. § 003
• Year: 2023

SECTION 1 - TITLE

1.1 The following rules and regulations 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 A.C.A. § 20Purpose20-27-1001 et seg,.) hereinafter referred to as the Act and the Arkansas Water and Air Pollution Control Act, (Section 7, Act 163 of 1993 codified at A.C.A. § 8Title8-4-101 et seg. shall be known as the Asbestos Abatement Regulation ["regulation"]).

SECTION 2 - PURPOSE

The purpose of this regulation is to provide for the following:

2.1 To protect public health and safety and the environment;

2.2 To administer and enforce a program for the licensing of Asbestos Abatement Contractors, Asbestos Abatement Consultants and Training Providers and for the certification of Air Monitors, Contractor/supervisors, Inspectors Management Planners, Project Designers, and Workers in accordance with the Asbestos School Hazard Abatement Reauthorization Act (ASHARA [MAP]), 40 CFR Part 763.

2.3 To establish standards for demolitions renovations, and disposal of friable asbestos-containing materials in order to reduce visible emission of asbestos-containing materials ,* as provided by the National Emission Standards for Hazardous Air Pollutants (NESHAP), 40 CFR, Part 61, and to establish standards for response actions as provided by the Asbestos Model Accreditation Plan, 40 CFR, Part 763, Subpart E ASHARA.

SECTION 3 - APPLICABILITY

3.1 The provisions of this regulation 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 asbestos response actions; and training providers.

SECTION 4 - DEFINITIONS

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SECTION 5 - GENERAL PROVISIONS

5.1 The owner or operator of a demolition renovation, or response action shall thoroughly inspect 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.

5.2 A project design is required prior to renovation, demolition, or for any job greater than a SSSD or minor release episode that involves RACM. The person performing the project design must meet the certification provisions of this regulation.

5.3 A person must meet the licensing and/or certification provisions of this regulation prior to engaging in renovations, demolitions, or response activities involving RACM including the following: (A) A person supervising any of the following activities with respect to RACM in a facility- a response action other than a SSSD activity, a maintenance activity that disturbs RACM, or a response action for a major fiber release episode- must be trained, certified, and meet all other requirements of this regulation; (B) A person conducting an inspection for ACM in a facility must be trained, certified, and meet all other requirements of this regulation; (C) A person preparing management plans for schools must be trained, certified, and meet all other requirements of this regulation; (D) A person designing the following activities with respect to RACM in afacility- a response action other than a SSSD maintenance activity; a maintenance activity that disturbs RACM other than a SSSD maintenance activity, or a response action for a major fiber release episode-must be trained, certified, and meet all other requirements of this regulation; (E) A person who carries out any of the following activities with respect to RACM in a facility-a response action other than a SSSD activity, a maintenance activity that disturbs RACM other than a SSSD activity, or a response action for a major fiber release episode-must be trained, certified, and meet all other requirements of this regulation; and (F) A person conducting clearance air monitoring as prescribed in this regulation must be trained and certified and meet all other requirements of this regulation.

SECTION 6 - NOTIFICATIONS

6.1 For any demolition of a facility or facility component, the owner or operator shall submit a written NOI which must be either hand delivered, post-marked by U.S. Postal Service, or post-marked by a commercial delivery service to the Department at least 10 working days before any demolition activity begins (such as site preparation which would break up, dislodge, or similarly disturb asbestos material). Such notice must be accompanied by the required fee which is described in Section 22 of this regulation.

6.2 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 hand deliver, deliver by U.S. Postal Service, or commercial delivery service a NOI as early as possible before, but not later than the following working day to the Department. Such notice shall be accompanied by the required fee which is described in Section 22 of this regulation.

6.3 For any renovation project, including any nonscheduled renovation operation, involving the following amounts of RACM: 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 (or 35 cubic feet) where the length could not be measured previously, the owner or operator shall submit a NOI to the Department by either hand-delivered, or post-marked by U.S. Postal Service, or post-marked by commercial delivery service 10 working days before asbestos stripping, or removal work, or any other activity begins (such as site preparation that would break up or dislodge or similarly disturb asbestos material). Such notice must be accompanied by the required fee which is described in Section 22 of this regulation.

6.4 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 (or 160 square feet) on other facility components, or at least 1 cubic meter (or 35 cubic feet) of facility components where the length or area could not be measured previously, the owner or operator shall hand deliver, post-marked U.S. Postal Service, or post-marked commercial delivery service a NOI to the Department 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 Section 22 of this regulation. 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.

6.5 For emergency renovation operations involving the sudden, unexpected event necessitating the renovation greater than a SSSD or minor episode of RACM, the owner or operator shall hand deliver, or post-marked U.S. Postal Service, or post-marked commercial delivery service a NOI to the Department as early as possible before, but not later than the following working day. Such notice must be accompanied by the required fee which is described in Section 22 of this regulation.

6.6 All written NOI shall be submitted on a form provided by the Department (see Attachment A) and shall include the following:(A) An indication of whether the notice is the original or a revised notification; (B) Name, address, and telephone number of both the facility owner and operator and the asbestos abatement contractor owner or operator; (C) Type of operation: demolition or renovation; (D) Description of the facility or affected part of the facility including the size (square meters [square feet] and number of floors), age, and present and prior use of the facility; (E) Procedure, including analytical methods employed to detect the presence of RACM and category I and category II nonfriable ACM; (F) Estimate of the approximate amount of RACM to be removed from the facility in terms of length of pipe in linear meters (linear feet), surface areas in square meters (square feet) on other facility components, or volume in cubic meters (cubic feet) if off the facility components. Also, estimate the approximate amount of category I and category II nonfriable ACM in the affected part of the facility that will not be removed before demolition; (G) Location and street address (including building number or name and floor or room number, if appropriate), city, county, and state, of the facility being demolished of renovated; (H) Scheduled starting and completion dates of asbestos removal work (or any other activity, such as site preparation...