As used in this part:

1. (1) “ACBM” or “asbestos-containing building material” means any friable and nonfriable asbestos-containing material that is in or on interior structural members or other parts of a facility;
2. (2) “ACM” or “asbestos-containing material” means any material that contains more than one percent (1%) of friable and/or nonfriable asbestos material;

3. (3)

   1. (A) “Adequately wetted” means sufficiently mix or penetrate with liquid to prevent the release of particulates.
   2. (B) If visible emissions are observed coming from asbestos-containing material, then that material has not been adequately wetted.
   3. (C) However, the absence of visible emissions is not sufficient evidence of being adequately wet;
4. (4) “Aggressive air sampling” means artificially circulating the air so that fibers remain airborne during sample collection;
5. (5) “AHERA” means the Asbestos Hazard Emergency Response Act of 1986, published at Section 203 of Title II of the Toxic Substances Control Act, 15 U.S.C. § 2643;
6. (6) “Air analysis” means the microscopic examination of collected air samples to determine airborne fiber concentrations;
7. (7) “Air monitor” means any person who collects airborne samples for analysis of asbestos fibers;

8. (8)

   1. (A) “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 part.
   2. (B) Air monitoring does not include individual personal monitoring;
9. (9) “Air sampling” means the collection of units of air to determine airborne fiber concentration for purposes of clearance air monitoring as prescribed by this part;

10. (10)

    1. (A) “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.
    2. (B) This does not include in-house personnel performing work associated with the performance of that person’s employment;

11. (11)

    1. (A) “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.
    2. (B) This does not include in-house personnel performing work associated with the performance of that person’s employment;

12. (12)

    1. (A) “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 part.
    2. (B) This term includes filters from control devices, friable asbestos waste material, and bags or other similar packaging contaminated with commercial asbestos.
    3. (C) 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;
13. (13) “ASHARA” means the Asbestos School Hazard Abatement Reauthorization Act of 1990;
14. (14) “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;
15. (15) “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;

16. (16) “Certificate” means a document issued by the Division of Environmental Quality to any person certifying that person has satisfactorily completed such asbestos training, examination (as provided in Subpart 12 of this part), and other requirements of this part to perform the duties of the following:

    1. (A) Air monitor;
    2. (B) Contractor/supervisor;
    3. (C) Inspector;
    4. (D) Management planner;
    5. (E) Project designer; and
    6. (F) Worker;

17. (17) “Certification” means the status or classification of an individual who:

    1. (A) Has been accredited in accordance with the United States Environmental Protection Agency Model Accreditation Plan requirements; and
    2. (B) Has satisfactorily met the additional state requirements described in this part;
18. (18) “Certified industrial hygienist (CIH)” means a person certified in the comprehensive practice of industrial hygiene by the American Board of Industrial Hygiene;
19. (19) “Clearance air monitor” means, as required by this part, 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;

20. (20) “Commercial asbestos” means any material containing asbestos that:

    1. (A) Is extracted from ore; and
    2. (B) Has value because of its asbestos content;
21. (21) “Commission” means the Arkansas Pollution Control and Ecology Commission;
22. (22) “Consent Administrative Order (CAO)” means an administrative order entered into by consent of the parties, including the Division of Environmental Quality;
23. (23) “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;

24. (24) “Contractor/supervisor” means any person who:

    1. (A) Supervises the following activities with respect to friable ACM in a facility:

       1. (i) A response action other than an SSSD activity;
       2. (ii) A maintenance activity that disturbs friable ACM; or
       3. (iii) A response action for a major fiber release episode; and
    2. (B) Meets the certification requirements of this part;

25. (25) “Cutting” means to penetrate with a sharp-edged instrument and includes sawing, but does not include:

    1. (A) Shearing;
    2. (B) Slicing; or
    3. (C) Punching;
26. (26) “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;
27. (27) “Director” means the Director of the Division of Environmental Quality or his or her successor, acting directly or through the staff of the Division of Environmental Quality;
28. (28) “Division” means the Division of Environmental Quality or its successor;

29. (29)

    1. (A) “Emergency renovation operation” means a renovation operation that was not planned but results from a sudden, unexpected event that:

       1. (i) If not immediately attended to presents a safety or public health hazard;
       2. (ii) Is necessary to protect equipment from damage; or
       3. (iii) Is necessary to avoid imposing an unreasonable financial burden.
    2. (B) This term includes operations necessitated by nonroutine failures of equipment;
30. (30) “Encapsulation” means the coating of ACM with a bonding or sealing agent to prevent the release of airborne fibers;
31. (31) “EPA” means the United States Environmental Protection Agency;

32. (32)

    1. (A) “Facility” means any:

       1. (i) 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 (4) or fewer dwelling units;
       2. (ii) Ship; and
       3. (iii) Active or inactive waste disposal site.
    2. (B) 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.
    3. (C) Any structure, installation, or building that was previously subject to this rule is not excluded, regardless of its current use or function;
33. (33) “Facility component” means any part of a facility, including equipment;

34. (34) “Friable asbestos-containing building material (ACBM)” means any friable asbestos-containing material that is in or on interior structural members or other parts of a:

    1. (A) School;
    2. (B) Public building; or
    3. (C) Commercial building;

35. (35)

    1. (A) “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.
    2. (B) If the asbestos content is less than ten percent (10%) as determined by a method other than point counting by polarized light microscopy, verify the asbestos content by point counting using polarized light microscopy.
    3. (C) 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;

36. (36)

    1. (A) “Glovebag” means a sealed compartment with attached inner gloves used for the handling of asbestos-containing materials.
    2. (B) Properly installed and used, glovebags provide a small work area enclosure typically used for small-scale short-duration asbestos stripping operations.
    3. (C) Information on glovebag installation, equipment and supplies, and work practices is contained in the United States Occupational Safety and Health Administration’s final rule on occupational exposure to asbestos, 29 C.F.R. § 1926.1101;
37. (37) “Grinding” means to reduce to powder or small fragments and includes mechanical chipping or drilling;
38. (38) “HEPA” means High Efficiency Particulate Air (filter);
39. (39) “HVAC system” means heating, ventilation, and air conditioning system;
40. (40) “Individual” means any natural person;
41. (41) “In poor condition” means the binding of the material is losing its integrity as indicated by peeling, cracking, or crumbling of the material;

42. (42)

    1. (A) “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.
    2. (B) This term includes reinspection of friable and nonfriable ACM, known or assumed, which has been previously identified.

    3. (C) This definition does not apply to the following:

       1. (i) Periodic visual surveillance solely for the purpose of recording or reporting a change in the condition of identified or assumed ACM;
       2. (ii) Regulatory compliance inspections conducted by federal, state, or local government officials; and
       3. (iii) Visual observations conducted solely for the purposes of determining completion of response actions;
43. (43) “Inspector” means any individual who inspects for ACM in a facility and meets the certification requirements of this rule;
44. (44) “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;

45. (45)

    1. (A) “Leak-tight” means solids or liquids cannot escape or spill out.
    2. (B) It also means dust-tight;
46. (46) “License” means a document issued by the Division of Environmental Quality to an asbestos abatement contractor, asbestos abatement consultant, or training provider who meets the criteria for licensing described in this rule;
47. (47) “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 (3) square or linear feet of friable ACM;
48. (48) “Management planner” means any person who prepares management plans for a school and who meets the certification requirements of this rule;
49. (49) “Management plan” means a formal written procedure for appropriate actions for surveillance and management of ACM;
50. (50) “MAP” means a model accreditation plan pursuant to the Asbestos Model Accreditation Plan, Interim Final Rule, published at 40 C.F.R. pt. 763, Subpt. E, app. C as of October 13, 2005;
51. (51) “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 (3) square or linear feet or less of friable ACM;
52. (52) “NESHAP” means National Emission Standards for Hazardous Air Pollutants as found in 40 C.F.R. pt. 61 as of May 19, 2009;
53. (53) “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;
54. (54) “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;
55. (55) “Notice of deficiency (NOD)” means a written document which identifies deficiencies in a notice of intent;
56. (56) “Notice of intent (NOI)” means a written notice to the Division of Environmental Quality which provides detailed information concerning renovations of RACM and all demolitions;

57. (57)

    1. (A) “Notice of violation (NOV)” means a written notification to a person of alleged violations.
    2. (B) The notice of violation initiates an administrative enforcement action;
58. (58) “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;

59. (59) “Owner or operator of a demolition or renovation activity” means:

    1. (A) Any person who owns, leases, operates, controls, or supervises the facility being demolished or renovated;
    2. (B) Any person who owns, leases, operates, controls, or supervises the demolition or renovation operation; or
    3. (C) Both;
60. (60) “Particulate asbestos material” means finely divided particles of asbestos or material containing asbestos;
61. (61) “Penetrating encapsulant” means a liquid material applied to RACM to control airborne fiber release by penetrating into the material and binding the fibers together;
62. (62) “Permitted landfill” means a waste disposal facility in Arkansas which has received a permit from the Division of Environmental Quality authorizing the receipt and disposal of certain waste materials under the provisions of the Arkansas Solid Waste Management Code, 8 CAR § 60-101 et seq.;

63. (63) “Person or persons” means any:

    1. (A) Individual;
    2. (B) Corporation; or
    3. (C) Other legal entity;
64. (64) “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 “ASBESTOS and OTHER FIBERS by PCM” published in the NIOSH Manual of Analytical Methods, Fourth Edition, August 15, 1994;

65. (65)

    1. (A) “Planned renovations 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.
    2. (B) 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;

66. (66) “Project designer” means any person who:

    1. (A) Designs the following activities with respect to friable ACM in a facility:

       1. (i) A response action other than a small-scale short-duration activity;
       2. (ii) A maintenance activity that disturbs friable ACM other than a small-scale short-duration maintenance activity; or
       3. (iii) A response action for a major fiber release episode; and
    2. (B) Meets the certification requirements of this rule;

67. (67) “Regulated asbestos-containing material (RACM)” means:

    1. (A) Friable asbestos material;
    2. (B) Category I nonfriable ACM that has become friable;

    3. (C) Category I nonfriable ACM that will be or has been subjected to:

       1. (i) Sanding;
       2. (ii) Grinding;
       3. (iii) Cutting; or
       4. (iv) Abrading;
    4. (D) Category II nonfriable ACM that has a high probability of becoming 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 part;

    5. (E) Category I nonfriable resilient floor covering which contains ACM that will be or has been removed by:

       1. (i) Sanding;
       2. (ii) Grinding;
       3. (iii) Cutting; or
       4. (iv) Abrading; or

    6. (F) Category II mastic which contains ACM that will be removed by:

       1. (i) Sanding;
       2. (ii) Grinding;
       3. (iii) Cutting; or
       4. (iv) Abrading;
68. (68) “Remove” means to take out RACM or facility components that contain or are covered with RACM from any facility;

69. (69)

    1. (A) “Renovation” means altering a facility or any facility components in any way, including the stripping or removal of regulated asbestos-containing material from a facility component.
    2. (B) Operations in which load-supporting structural members are wrecked or taken out are demolitions;
70. (70) “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;
71. (71) “Response action” means a method, including removal, encapsulation, enclosure, repair, and operation and maintenance, that protects human health and the environment from friable ACM;
72. (72) “School” means any elementary or secondary school as defined in Section 198 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. § 2854);

73. (73)

    1. (A) “Small-scale short-duration (SSSD) activities” means tasks including, but not limited to:

       1. (i) Removal of asbestos-containing insulation on pipes;
       2. (ii) Removal of small quantities of asbestos-containing insulation on beams or above ceilings;
       3. (iii) Replacement of an asbestos-containing gasket or a valve;
       4. (iv) Installation or removal of a small section of drywall; or
       5. (v) Installation of electrical conduits through or proximate to asbestos-containing materials.

    2. (B) “SSSD” can be further defined by the following considerations:

       1. (i) Removal of small quantities of ACM only if required in the performance of another maintenance activity not intended as asbestos abatement;
       2. (ii) Removal of asbestos-containing thermal system insulation not to exceed amounts greater than those which can be contained in a single glovebag;
       3. (iii) Minor repairs to damaged thermal system insulation which do not require removal;
       4. (iv) Repairs to a piece of asbestos-containing wallboard; and

       5. (v)

          1. (a) (a) Repairs, involving encapsulation, enclosure, or removal to small amounts of friable ACM only if required in the performance of emergency or routine maintenance activity and not intended solely as asbestos abatement.
          2. (b) (b) Such work may not exceed amounts greater than those which can be contained in a single prefabricated mini-enclosure.
       6. (c) (c) Such an enclosure shall conform spatially and geometrically to the localized work area, in order to perform its intended containment function;
74. (74) “Strip” means to take off RACM from any part of a facility or facility component;
75. (75) “Suspect building material” means any building material which the inspector considers may contain asbestos;

76. (76) “Thorough inspection” means an inspection which:

    1. (A) Is written;
    2. (B) Describes the current state of the facility, or portion of the facility if the inspection did not encompass the entire facility, and the building materials therein;
    3. (C) Includes all suspect and accessible building materials;
    4. (D) Identifies if the inspection encompasses the entire facility or a portion thereof;
    5. (E) Includes an assessment of the condition of the asbestos-containing material; and
    6. (F) Uses documented sampling methodology;
77. (77) “Training day” means a day consisting of eight (8) consecutive hours, including lunch and breaks, in which an approved training course is conducted;

78. (78) “Training provider” means any person or other legal entity, however organized, who:

    1. (A) Conducts some or all of the training programs for asbestos professional disciplines which are regulated in this part; and
    2. (B) Meets the licensing requirements of this part;

79. (79)

    1. (A) “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.
    2. (B) The transmission electron microscope utilizes an electron beam that is focused onto a thin sample;

80. (80)

    1. (A) “Visible emissions” means any emissions which are visually detectable without the aid of instruments, coming from any RACM or asbestos-containing waste material.
    2. (B) This does not include uncondensed water vapor;
81. (81) “Waste generator” means any owner or operator of a source covered by this rule whose action or process produces asbestos-containing waste materials;

82. (82) “Waste shipment record” means the shipping documents:

    1. (A) Required to be originated and signed by the waste generator; and
    2. (B) Used to track and substantiate the disposition of asbestos-containing waste material;

83. (83) “Worker” means any person who:

    1. (A) Meets the certification requirements of this part; and

    2. (B) Carries out any of the following activities with respect to friable ACM in a facility:

       1. (i) A response action other than an SSSD activity;
       2. (ii) A maintenance activity that disturbs friable ACM other than an SSSD activity; or
       3. (iii) A response action for a major fiber release; and
84. (84) “Working days” means the days Monday through Friday, including any holidays which fall on any of the days Monday through Friday.

Codification Notes: The Asbestos School Hazard Abatement Reauthorization Act of 1990 was enacted as Pub. L. No. 101-637. The Toxic Substances Control Act was enacted as Pub. L. No. 94-469.